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Board of Selectmen's Meeting of November 28, 2006
Present:            Selectmen Muscato, Angley and Casey Muscato; Town Administrator LaFond and A.T.A. Jean Bouchard
 
Also Present:    School Committee Members Kay Spencer; Mary Kaminski; Al Spicer, Randy Webster, Superintendent Elizabeth Sorrell and School Business Manager Matthew Gillis
 
Chair Muscato opened the meeting at 6:30 PM with the Pledge of Allegiance to the Flag.
 
School Committee Member Interviews:
School Committee Chair Spencer introduced members of the School Committee along with the Superintendent and Business Manager.  Spencer welcomed the three candidates.  Spencer suggested that each candidate would be interviewed individually, while the other two candidates would not be present, and, further that after all candidates are interviewed, members of the School Committee and Board of Selectmen would be voting by secret ballot.  Bouchard was asked to tabulate the ballots and return with the results.  In addition to a standard list of questions Webster wanted all three candidates questioned on whether they would run for election in April:
 
Selectman M. O’Donnell arrived at 7:40 PM; Selectman J. Grimes arrived at 7:50 PM.
 
Applicants interviewed:
 
                                    Evelyn Sinn
                                    Barry Struski
                                    Kevin Walsh
 
Vote taken by ballot by the School Committee Members and the Board of Selectmen.  Bouchard tabulated the votes.  Voted 8-1 to appoint Barry Struski to the School Committee until the next annual election.
 
National Guard and Reserves:
David Germaine came before the Board requesting their support on a “Statement of Support for the Guard and Reserve” that affirms the Town’s policy on employees who are activated and deployed.    Germaine stated there have been units deployed overseas from Massachusetts three times.  The statement is a re-employment rights issue.  Motion by O’Donnell, second by Grimes to approve.  Vote unanimous.
 
Tiki Kye Restaurant Extension of Hours:
Motion by Casey to extend hours for the New Year’s Holiday to 2 AM January 1, 2007, second by O’Donnell.  Vote unanimous.
 
December 11, 2006 STM Warrant Review:
 
Article 1.
Jack Hunter discussed the efforts of the Cole Working Group for the past seven months regarding the purchase of the property and developing a water system.  They have split the 241 acres into two parcels for funding purposes. One of the parcels would be for conservation and recreational, and a public water system would be developed on the other parcel.  The Town has received two $500,000 grants and is seeking $1 million of CPA Funds towards the purchase of the property.  The water system should be self supporting.  Funds for developing the water system will be coming from connection fees and funds from developers.  John Rinella, Chairman of the CPC Committee, stated that the committee voted to recommend $1 million of CPA funds at the 2007 ATM.  Hunter further stated the Town will be applying for additional grants
 
Resident Jack Franey questioned the uncertainty of the funding for the entire project and was fearful of the burden being placed on the residential taxpayers.  Hunter stated that he was welcome to come to the meeting tomorrow with the economist.
 
Earth Removal Discussion:
John Garretson, Chairman ERC, and Dick Ward, Agricultural Commission were present to answer questions on Earth Removal Permits and various situations.  Garretson stated each project goes through a thorough review by the Committee, and that the committee serves at the pleasure of the BOS.  Ward stated due to the amount of earth being removed from Town, sand prices for bog owners have skyrocketed.  Ward also stated that some of the concerns of citizens at the Community Forum seemed to be that ERC projects not being completed for long periods of time (cranberry bogs, water holes, landscaping, etc.).  Garretson stated his committee has latitude and can require restoration prior to starting next stage of removal to rectify problem.  Suggestion was made for a sub-committee of representatives from ERC, AgCom, BOS, DPW Superintendent, Conservation, Planning and Selectmen to review present by-law for possible amendments, and that the by-law is reviewed every year by his committee.  Garretson encourages input to encourage positive community support.    Garretson stated in the past three years they have collected over $88,000 for road repairs in addition to other projects over and above the fees.  There are approximately eleven different permits active at the present time.   Grimes and Angley volunteered to be on sub-committee.
 
The Chair read the announcements, and the Board took a brief recess.
 
8:45 PM back from recess.
 
STM Warrant - Article 1 (Continued):
LaFond explained that the purchase of the property as well as the construction and design of a public water system would total approximately $7 million.  The article would allow the Treasurer to borrow at the most opportune time for the remainder of the project.  The article was drafted by Town Counsel to meet the requirements for financing and grant programs.  A water enterprise fund will be set up at the Spring ATM.
 
Both O’Donnell and Grimes stated the articles are supported by the IDC.  Hunter stated he had been approached by developers willing to contribute funds towards the water system, but they are waiting for Town Meeting to vote.  If the public water supply is developed Waterstone will be expanding their plaza by 70,000 square feet.  They have indicated $750,000, and will be spending $80,000 on the present dysfunctional well.  We are hoping to turn the water on January, 2008.
 
Franey asked if someone going to manage the project.  LaFond indicated the project will be under the jurisdiction of the Selectmen who act as the Water Commissioners, and they will contract for engineering services.
 
Motion by Grimes to recommend Article 1, second Jack Angley.  Vote unanimous.  Will Sinclair indicated that IDC voted unanimously to recommend Article 1.
 
Article 2.  – Unpaid Bills
Motion by Angley to recommend, second by Casey.  Vote unanimous.
 
Article 3.  – Supplement line item budgets
Tabled
 
Article 4.  – CPA Software
Grimes motion to recommend subject to amendment, second Angley.  Vote unanimous. 
 
Article 5. – New Postage Machine
Motion by Grimes to recommend, second O’Donnell.  Vote uanimous.
 
Article 6. – 53rd Payroll Week - Employees
Motion by Grimes to recommend, second by Angley.  Vote unanimous.
 
Article 7. – 53rd Payroll Week – Full Time Elected Officials
Motion by Grimes to recommend, second Angley.  Vote unanimous.
 
Article 8. – Zoning By-Law/ Wind Energy Facilities (WEF)
Hunter explained the need for this new Zoning By-Law.  This will be by Special Permit.  Motion by Angley to approve, second by Grimes.  Vote unanimous.
 
Temporary Sergeant Appointments:
LaFond stated that the Police Chief had recommended the two Provisional Sergeants be appointed Temporary Sergeant.  They were the two top positions on the lists.  Grimes stated that he hoped the Chief would be here as we obviously have different information from Civil Service.  LaFond explained the situation regarding Permanent Sergeants.  Delays have been caused by appeals to a demotions and termination.  The Town talked to Civil Service and they recommended the Temporary Sergeant designations, as the Town does not have any permanent sergeant vacancies.  Grimes stated that both individuals had spent money and studied for exam, and that after a period of time would loose their civil service status, and have to repeat exam.  The officers know there is a risk of being demoted and he is advocating making them permanent.  Casey stated he and Angley both talked to C.S. by phone and asked numerous questions.  Officers do not lose their benefits and will have two or three years on the Temporary Sergeant appointments. 
 
LaFond explained the process – the Town has to cite reason, and Civil Service has to certify the reason.  Also, in the Collective Bargaining Agreement with the Police Union it states that the Town must proceed pursuant to Civil Service Laws.  The Town would be in violation of Civil Service in appointing permanent sergeants, and also be in violation of the contract with the Police Union.
 
Motion by Angley to approve the Police Chief recommendations to appoint the two Temporary Sergeants from the Civil Service List, second Casey.  Vote 3-1-1 (Grimes no; O’Donnell abstained).
 
One Day Special License – Sportsmen’s Club for December 12, 2006:
Motion by Angley to approve, second by Casey.  Vote 3-0-2 (Grimes and O’Donnell abstained).
 
Community Preservation Committee Appointment:
Motion by Angley second by Grimes to appoint Scott Alexander from the Recreation Committee to replace Ken Kinsey.  Vote unanimous.
 
Minutes of November 14, 2006:
Motion by Grimes to approve as written, second Casey.  Vote unanimous.
 
Citizen’s Participation:  None
 
Selectmen’s Notes:
Casey reminded citizens to attend the Special Town Meeting of December 11th.  One-Hundred Fifty registered voters are needed for a quorum.
 
Grimes echoed Casey’s statement on STM.
 
Angley thanked both Dick Ward and Gary Garretson for coming before the Board and working together on solving some of the ERC problems.
 
O’Donnell concerned about the migrant worker situation of living in vacant wooded lots.  He wants to have a meeting with the three large growers.  Muscato stated that we will get on it.
 
Angley stated he made a call to Ocean Spray.  It is not their land, but they will be forthcoming.  He will keep us posted.
 
Town Administrator Notes:
LaFond stated he was at the MMA Fiscal Policy Meeting today and discussed strategy in dealing with the new administration’s transition team.  Particular emphasis on initiatives of Patrick during the campaign – Police Officers and tax burdens on municipalities.  How does he hope to achieve this?  It could cost $85 million for 1,000 new police officers.  Patrick has several transition teams in place.  Hopefully they can answer some concerns of the cities and towns.  The budget process is underway, proposals are due back by the end of the month and he and the Town Accountant will be compiling that information.
 
Muscato stated that BOS next meeting is scheduled for December 12th, which is the day after the STM.  Motion by Angley, second by Grimes to reschedule to December 19th at 6 PM.  Vote unanimous.
Present:            Selectmen Muscato, Angley and Casey Muscato; Town Administrator LaFond and A.T.A. Jean Bouchard
 
Also Present:    School Committee Members Kay Spencer; Mary Kaminski; Al Spicer, Randy Webster, Superintendent Elizabeth Sorrell and School Business Manager Matthew Gillis
 
Chair Muscato opened the meeting at 6:30 PM with the Pledge of Allegiance to the Flag.
 
School Committee Member Interviews:
School Committee Chair Spencer introduced members of the School Committee along with the Superintendent and Business Manager.  Spencer welcomed the three candidates.  Spencer suggested that each candidate would be interviewed individually, while the other two candidates would not be present, and, further that after all candidates are interviewed, members of the School Committee and Board of Selectmen would be voting by secret ballot.  Bouchard was asked to tabulate the ballots and return with the results.  In addition to a standard list of questions Webster wanted all three candidates questioned on whether they would run for election in April:
 
Selectman M. O’Donnell arrived at 7:40 PM; Selectman J. Grimes arrived at 7:50 PM.
 
Applicants interviewed:
 
                                    Evelyn Sinn
                                    Barry Struski
                                    Kevin Walsh
 
Vote taken by ballot by the School Committee Members and the Board of Selectmen.  Bouchard tabulated the votes.  Voted 8-1 to appoint Barry Struski to the School Committee until the next annual election.
 
National Guard and Reserves:
David Germaine came before the Board requesting their support on a “Statement of Support for the Guard and Reserve” that affirms the Town’s policy on employees who are activated and deployed.    Germaine stated there have been units deployed overseas from Massachusetts three times.  The statement is a re-employment rights issue.  Motion by O’Donnell, second by Grimes to approve.  Vote unanimous.
 
Tiki Kye Restaurant Extension of Hours:
Motion by Casey to extend hours for the New Year’s Holiday to 2 AM January 1, 2007, second by O’Donnell.  Vote unanimous.
 
December 11, 2006 STM Warrant Review:
 
Article 1.
Jack Hunter discussed the efforts of the Cole Working Group for the past seven months regarding the purchase of the property and developing a water system.  They have split the 241 acres into two parcels for funding purposes. One of the parcels would be for conservation and recreational, and a public water system would be developed on the other parcel.  The Town has received two $500,000 grants and is seeking $1 million of CPA Funds towards the purchase of the property.  The water system should be self supporting.  Funds for developing the water system will be coming from connection fees and funds from developers.  John Rinella, Chairman of the CPC Committee, stated that the committee voted to recommend $1 million of CPA funds at the 2007 ATM.  Hunter further stated the Town will be applying for additional grants
 
Resident Jack Franey questioned the uncertainty of the funding for the entire project and was fearful of the burden being placed on the residential taxpayers.  Hunter stated that he was welcome to come to the meeting tomorrow with the economist.
 
Earth Removal Discussion:
John Garretson, Chairman ERC, and Dick Ward, Agricultural Commission were present to answer questions on Earth Removal Permits and various situations.  Garretson stated each project goes through a thorough review by the Committee, and that the committee serves at the pleasure of the BOS.  Ward stated due to the amount of earth being removed from Town, sand prices for bog owners have skyrocketed.  Ward also stated that some of the concerns of citizens at the Community Forum seemed to be that ERC projects not being completed for long periods of time (cranberry bogs, water holes, landscaping, etc.).  Garretson stated his committee has latitude and can require restoration prior to starting next stage of removal to rectify problem.  Suggestion was made for a sub-committee of representatives from ERC, AgCom, BOS, DPW Superintendent, Conservation, Planning and Selectmen to review present by-law for possible amendments, and that the by-law is reviewed every year by his committee.  Garretson encourages input to encourage positive community support.    Garretson stated in the past three years they have collected over $88,000 for road repairs in addition to other projects over and above the fees.  There are approximately eleven different permits active at the present time.   Grimes and Angley volunteered to be on sub-committee.
 
The Chair read the announcements, and the Board took a brief recess.
 
8:45 PM back from recess.
 
STM Warrant - Article 1 (Continued):
LaFond explained that the purchase of the property as well as the construction and design of a public water system would total approximately $7 million.  The article would allow the Treasurer to borrow at the most opportune time for the remainder of the project.  The article was drafted by Town Counsel to meet the requirements for financing and grant programs.  A water enterprise fund will be set up at the Spring ATM.
 
Both O’Donnell and Grimes stated the articles are supported by the IDC.  Hunter stated he had been approached by developers willing to contribute funds towards the water system, but they are waiting for Town Meeting to vote.  If the public water supply is developed Waterstone will be expanding their plaza by 70,000 square feet.  They have indicated $750,000, and will be spending $80,000 on the present dysfunctional well.  We are hoping to turn the water on January, 2008.
 
Franey asked if someone going to manage the project.  LaFond indicated the project will be under the jurisdiction of the Selectmen who act as the Water Commissioners, and they will contract for engineering services.
 
Motion by Grimes to recommend Article 1, second Jack Angley.  Vote unanimous.  Will Sinclair indicated that IDC voted unanimously to recommend Article 1.
 
Article 2.  – Unpaid Bills
Motion by Angley to recommend, second by Casey.  Vote unanimous.
 
Article 3.  – Supplement line item budgets
Tabled
 
Article 4.  – CPA Software
Grimes motion to recommend subject to amendment, second Angley.  Vote unanimous. 
 
Article 5. – New Postage Machine
Motion by Grimes to recommend, second O’Donnell.  Vote uanimous.
 
Article 6. – 53rd Payroll Week - Employees
Motion by Grimes to recommend, second by Angley.  Vote unanimous.
 
Article 7. – 53rd Payroll Week – Full Time Elected Officials
Motion by Grimes to recommend, second Angley.  Vote unanimous.
 
Article 8. – Zoning By-Law/ Wind Energy Facilities (WEF)
Hunter explained the need for this new Zoning By-Law.  This will be by Special Permit.  Motion by Angley to approve, second by Grimes.  Vote unanimous.
 
Temporary Sergeant Appointments:
LaFond stated that the Police Chief had recommended the two Provisional Sergeants be appointed Temporary Sergeant.  They were the two top positions on the lists.  Grimes stated that he hoped the Chief would be here as we obviously have different information from Civil Service.  LaFond explained the situation regarding Permanent Sergeants.  Delays have been caused by appeals to a demotions and termination.  The Town talked to Civil Service and they recommended the Temporary Sergeant designations, as the Town does not have any permanent sergeant vacancies.  Grimes stated that both individuals had spent money and studied for exam, and that after a period of time would loose their civil service status, and have to repeat exam.  The officers know there is a risk of being demoted and he is advocating making them permanent.  Casey stated he and Angley both talked to C.S. by phone and asked numerous questions.  Officers do not lose their benefits and will have two or three years on the Temporary Sergeant appointments. 
 
LaFond explained the process – the Town has to cite reason, and Civil Service has to certify the reason.  Also, in the Collective Bargaining Agreement with the Police Union it states that the Town must proceed pursuant to Civil Service Laws.  The Town would be in violation of Civil Service in appointing permanent sergeants, and also be in violation of the contract with the Police Union.
 
Motion by Angley to approve the Police Chief recommendations to appoint the two Temporary Sergeants from the Civil Service List, second Casey.  Vote 3-1-1 (Grimes no; O’Donnell abstained).
 
One Day Special License – Sportsmen’s Club for December 12, 2006:
Motion by Angley to approve, second by Casey.  Vote 3-0-2 (Grimes and O’Donnell abstained).
 
Community Preservation Committee Appointment:
Motion by Angley second by Grimes to appoint Scott Alexander from the Recreation Committee to replace Ken Kinsey.  Vote unanimous.
 
Minutes of November 14, 2006:
Motion by Grimes to approve as written, second Casey.  Vote unanimous.
 
Citizen’s Participation:  None
 
Selectmen’s Notes:
Casey reminded citizens to attend the Special Town Meeting of December 11th.  One-Hundred Fifty registered voters are needed for a quorum.
 
Grimes echoed Casey’s statement on STM.
 
Angley thanked both Dick Ward and Gary Garretson for coming before the Board and working together on solving some of the ERC problems.
 
O’Donnell concerned about the migrant worker situation of living in vacant wooded lots.  He wants to have a meeting with the three large growers.  Muscato stated that we will get on it.
 
Angley stated he made a call to Ocean Spray.  It is not their land, but they will be forthcoming.  He will keep us posted.
 
Town Administrator Notes:
LaFond stated he was at the MMA Fiscal Policy Meeting today and discussed strategy in dealing with the new administration’s transition team.  Particular emphasis on initiatives of Patrick during the campaign – Police Officers and tax burdens on municipalities.  How does he hope to achieve this?  It could cost $85 million for 1,000 new police officers.  Patrick has several transition teams in place.  Hopefully they can answer some concerns of the cities and towns.  The budget process is underway, proposals are due back by the end of the month and he and the Town Accountant will be compiling that information.
 
Muscato stated that BOS next meeting is scheduled for December 12th, which is the day after the STM.  Motion by Angley, second by Grimes to reschedule to December 19th at 6 PM.  Vote unanimous.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Present:            Selectmen Muscato, Angley and Casey Muscato; Town Administrator LaFond and A.T.A. Jean Bouchard
 
Also Present:    School Committee Members Kay Spencer; Mary Kaminski; Al Spicer, Randy Webster, Superintendent Elizabeth Sorrell and School Business Manager Matthew Gillis
 
Chair Muscato opened the meeting at 6:30 PM with the Pledge of Allegiance to the Flag.
 
School Committee Member Interviews:
School Committee Chair Spencer introduced members of the School Committee along with the Superintendent and Business Manager.  Spencer welcomed the three candidates.  Spencer suggested that each candidate would be interviewed individually, while the other two candidates would not be present, and, further that after all candidates are interviewed, members of the School Committee and Board of Selectmen would be voting by secret ballot.  Bouchard was asked to tabulate the ballots and return with the results.  In addition to a standard list of questions Webster wanted all three candidates questioned on whether they would run for election in April:
 
Selectman M. O’Donnell arrived at 7:40 PM; Selectman J. Grimes arrived at 7:50 PM.
 
Applicants interviewed:
 
                                    Evelyn Sinn
                                    Barry Struski
                                    Kevin Walsh
 
Vote taken by ballot by the School Committee Members and the Board of Selectmen.  Bouchard tabulated the votes.  Voted 8-1 to appoint Barry Struski to the School Committee until the next annual election.
 
National Guard and Reserves:
David Germaine came before the Board requesting their support on a “Statement of Support for the Guard and Reserve” that affirms the Town’s policy on employees who are activated and deployed.    Germaine stated there have been units deployed overseas from Massachusetts three times.  The statement is a re-employment rights issue.  Motion by O’Donnell, second by Grimes to approve.  Vote unanimous.
 
Tiki Kye Restaurant Extension of Hours:
Motion by Casey to extend hours for the New Year’s Holiday to 2 AM January 1, 2007, second by O’Donnell.  Vote unanimous.
 
December 11, 2006 STM Warrant Review:
 
Article 1.
Jack Hunter discussed the efforts of the Cole Working Group for the past seven months regarding the purchase of the property and developing a water system.  They have split the 241 acres into two parcels for funding purposes. One of the parcels would be for conservation and recreational, and a public water system would be developed on the other parcel.  The Town has received two $500,000 grants and is seeking $1 million of CPA Funds towards the purchase of the property.  The water system should be self supporting.  Funds for developing the water system will be coming from connection fees and funds from developers.  John Rinella, Chairman of the CPC Committee, stated that the committee voted to recommend $1 million of CPA funds at the 2007 ATM.  Hunter further stated the Town will be applying for additional grants
 
Resident Jack Franey questioned the uncertainty of the funding for the entire project and was fearful of the burden being placed on the residential taxpayers.  Hunter stated that he was welcome to come to the meeting tomorrow with the economist.
 
Earth Removal Discussion:
John Garretson, Chairman ERC, and Dick Ward, Agricultural Commission were present to answer questions on Earth Removal Permits and various situations.  Garretson stated each project goes through a thorough review by the Committee, and that the committee serves at the pleasure of the BOS.  Ward stated due to the amount of earth being removed from Town, sand prices for bog owners have skyrocketed.  Ward also stated that some of the concerns of citizens at the Community Forum seemed to be that ERC projects not being completed for long periods of time (cranberry bogs, water holes, landscaping, etc.).  Garretson stated his committee has latitude and can require restoration prior to starting next stage of removal to rectify problem.  Suggestion was made for a sub-committee of representatives from ERC, AgCom, BOS, DPW Superintendent, Conservation, Planning and Selectmen to review present by-law for possible amendments, and that the by-law is reviewed every year by his committee.  Garretson encourages input to encourage positive community support.    Garretson stated in the past three years they have collected over $88,000 for road repairs in addition to other projects over and above the fees.  There are approximately eleven different permits active at the present time.   Grimes and Angley volunteered to be on sub-committee.
 
The Chair read the announcements, and the Board took a brief recess.
 
8:45 PM back from recess.
 
STM Warrant - Article 1 (Continued):
LaFond explained that the purchase of the property as well as the construction and design of a public water system would total approximately $7 million.  The article would allow the Treasurer to borrow at the most opportune time for the remainder of the project.  The article was drafted by Town Counsel to meet the requirements for financing and grant programs.  A water enterprise fund will be set up at the Spring ATM.
 
Both O’Donnell and Grimes stated the articles are supported by the IDC.  Hunter stated he had been approached by developers willing to contribute funds towards the water system, but they are waiting for Town Meeting to vote.  If the public water supply is developed Waterstone will be expanding their plaza by 70,000 square feet.  They have indicated $750,000, and will be spending $80,000 on the present dysfunctional well.  We are hoping to turn the water on January, 2008.
 
Franey asked if someone going to manage the project.  LaFond indicated the project will be under the jurisdiction of the Selectmen who act as the Water Commissioners, and they will contract for engineering services.
 
Motion by Grimes to recommend Article 1, second Jack Angley.  Vote unanimous.  Will Sinclair indicated that IDC voted unanimously to recommend Article 1.
 
Article 2.  – Unpaid Bills
Motion by Angley to recommend, second by Casey.  Vote unanimous.
 
Article 3.  – Supplement line item budgets
Tabled
 
Article 4.  – CPA Software
Grimes motion to recommend subject to amendment, second Angley.  Vote unanimous. 
 
Article 5. – New Postage Machine
Motion by Grimes to recommend, second O’Donnell.  Vote uanimous.
 
Article 6. – 53rd Payroll Week - Employees
Motion by Grimes to recommend, second by Angley.  Vote unanimous.
 
Article 7. – 53rd Payroll Week – Full Time Elected Officials
Motion by Grimes to recommend, second Angley.  Vote unanimous.
 
Article 8. – Zoning By-Law/ Wind Energy Facilities (WEF)
Hunter explained the need for this new Zoning By-Law.  This will be by Special Permit.  Motion by Angley to approve, second by Grimes.  Vote unanimous.
 
Temporary Sergeant Appointments:
LaFond stated that the Police Chief had recommended the two Provisional Sergeants be appointed Temporary Sergeant.  They were the two top positions on the lists.  Grimes stated that he hoped the Chief would be here as we obviously have different information from Civil Service.  LaFond explained the situation regarding Permanent Sergeants.  Delays have been caused by appeals to a demotions and termination.  The Town talked to Civil Service and they recommended the Temporary Sergeant designations, as the Town does not have any permanent sergeant vacancies.  Grimes stated that both individuals had spent money and studied for exam, and that after a period of time would loose their civil service status, and have to repeat exam.  The officers know there is a risk of being demoted and he is advocating making them permanent.  Casey stated he and Angley both talked to C.S. by phone and asked numerous questions.  Officers do not lose their benefits and will have two or three years on the Temporary Sergeant appointments. 
 
LaFond explained the process – the Town has to cite reason, and Civil Service has to certify the reason.  Also, in the Collective Bargaining Agreement with the Police Union it states that the Town must proceed pursuant to Civil Service Laws.  The Town would be in violation of Civil Service in appointing permanent sergeants, and also be in violation of the contract with the Police Union.
 
Motion by Angley to approve the Police Chief recommendations to appoint the two Temporary Sergeants from the Civil Service List, second Casey.  Vote 3-1-1 (Grimes no; O’Donnell abstained).
 
One Day Special License – Sportsmen’s Club for December 12, 2006:
Motion by Angley to approve, second by Casey.  Vote 3-0-2 (Grimes and O’Donnell abstained).
 
Community Preservation Committee Appointment:
Motion by Angley second by Grimes to appoint Scott Alexander from the Recreation Committee to replace Ken Kinsey.  Vote unanimous.
 
Minutes of November 14, 2006:
Motion by Grimes to approve as written, second Casey.  Vote unanimous.
 
Citizen’s Participation:  None
 
Selectmen’s Notes:
Casey reminded citizens to attend the Special Town Meeting of December 11th.  One-Hundred Fifty registered voters are needed for a quorum.
 
Grimes echoed Casey’s statement on STM.
 
Angley thanked both Dick Ward and Gary Garretson for coming before the Board and working together on solving some of the ERC problems.
 
O’Donnell concerned about the migrant worker situation of living in vacant wooded lots.  He wants to have a meeting with the three large growers.  Muscato stated that we will get on it.
 
Angley stated he made a call to Ocean Spray.  It is not their land, but they will be forthcoming.  He will keep us posted.
 
Town Administrator Notes:
LaFond stated he was at the MMA Fiscal Policy Meeting today and discussed strategy in dealing with the new administration’s transition team.  Particular emphasis on initiatives of Patrick during the campaign – Police Officers and tax burdens on municipalities.  How does he hope to achieve this?  It could cost $85 million for 1,000 new police officers.  Patrick has several transition teams in place.  Hopefully they can answer some concerns of the cities and towns.  The budget process is underway, proposals are due back by the end of the month and he and the Town Accountant will be compiling that information.
 
Muscato stated that BOS next meeting is scheduled for December 12th, which is the day after the STM.  Motion by Angley, second by Grimes to reschedule to December 19th at 6 PM.  Vote unanimous.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Present:            Selectmen Muscato, Angley and Casey Muscato; Town Administrator LaFond and A.T.A. Jean Bouchard
 
Also Present:    School Committee Members Kay Spencer; Mary Kaminski; Al Spicer, Randy Webster, Superintendent Elizabeth Sorrell and School Business Manager Matthew Gillis
 
Chair Muscato opened the meeting at 6:30 PM with the Pledge of Allegiance to the Flag.
 
School Committee Member Interviews:
School Committee Chair Spencer introduced members of the School Committee along with the Superintendent and Business Manager.  Spencer welcomed the three candidates.  Spencer suggested that each candidate would be interviewed individually, while the other two candidates would not be present, and, further that after all candidates are interviewed, members of the School Committee and Board of Selectmen would be voting by secret ballot.  Bouchard was asked to tabulate the ballots and return with the results.  In addition to a standard list of questions Webster wanted all three candidates questioned on whether they would run for election in April:
 
Selectman M. O’Donnell arrived at 7:40 PM; Selectman J. Grimes arrived at 7:50 PM.
 
Applicants interviewed:
 
                                    Evelyn Sinn
                                    Barry Struski
                                    Kevin Walsh
 
Vote taken by ballot by the School Committee Members and the Board of Selectmen.  Bouchard tabulated the votes.  Voted 8-1 to appoint Barry Struski to the School Committee until the next annual election.
 
National Guard and Reserves:
David Germaine came before the Board requesting their support on a “Statement of Support for the Guard and Reserve” that affirms the Town’s policy on employees who are activated and deployed.    Germaine stated there have been units deployed overseas from Massachusetts three times.  The statement is a re-employment rights issue.  Motion by O’Donnell, second by Grimes to approve.  Vote unanimous.
 
Tiki Kye Restaurant Extension of Hours:
Motion by Casey to extend hours for the New Year’s Holiday to 2 AM January 1, 2007, second by O’Donnell.  Vote unanimous.
 
December 11, 2006 STM Warrant Review:
 
Article 1.
Jack Hunter discussed the efforts of the Cole Working Group for the past seven months regarding the purchase of the property and developing a water system.  They have split the 241 acres into two parcels for funding purposes. One of the parcels would be for conservation and recreational, and a public water system would be developed on the other parcel.  The Town has received two $500,000 grants and is seeking $1 million of CPA Funds towards the purchase of the property.  The water system should be self supporting.  Funds for developing the water system will be coming from connection fees and funds from developers.  John Rinella, Chairman of the CPC Committee, stated that the committee voted to recommend $1 million of CPA funds at the 2007 ATM.  Hunter further stated the Town will be applying for additional grants
 
Resident Jack Franey questioned the uncertainty of the funding for the entire project and was fearful of the burden being placed on the residential taxpayers.  Hunter stated that he was welcome to come to the meeting tomorrow with the economist.
 
Earth Removal Discussion:
John Garretson, Chairman ERC, and Dick Ward, Agricultural Commission were present to answer questions on Earth Removal Permits and various situations.  Garretson stated each project goes through a thorough review by the Committee, and that the committee serves at the pleasure of the BOS.  Ward stated due to the amount of earth being removed from Town, sand prices for bog owners have skyrocketed.  Ward also stated that some of the concerns of citizens at the Community Forum seemed to be that ERC projects not being completed for long periods of time (cranberry bogs, water holes, landscaping, etc.).  Garretson stated his committee has latitude and can require restoration prior to starting next stage of removal to rectify problem.  Suggestion was made for a sub-committee of representatives from ERC, AgCom, BOS, DPW Superintendent, Conservation, Planning and Selectmen to review present by-law for possible amendments, and that the by-law is reviewed every year by his committee.  Garretson encourages input to encourage positive community support.    Garretson stated in the past three years they have collected over $88,000 for road repairs in addition to other projects over and above the fees.  There are approximately eleven different permits active at the present time.   Grimes and Angley volunteered to be on sub-committee.
 
The Chair read the announcements, and the Board took a brief recess.
 
8:45 PM back from recess.
 
STM Warrant - Article 1 (Continued):
LaFond explained that the purchase of the property as well as the construction and design of a public water system would total approximately $7 million.  The article would allow the Treasurer to borrow at the most opportune time for the remainder of the project.  The article was drafted by Town Counsel to meet the requirements for financing and grant programs.  A water enterprise fund will be set up at the Spring ATM.
 
Both O’Donnell and Grimes stated the articles are supported by the IDC.  Hunter stated he had been approached by developers willing to contribute funds towards the water system, but they are waiting for Town Meeting to vote.  If the public water supply is developed Waterstone will be expanding their plaza by 70,000 square feet.  They have indicated $750,000, and will be spending $80,000 on the present dysfunctional well.  We are hoping to turn the water on January, 2008.
 
Franey asked if someone going to manage the project.  LaFond indicated the project will be under the jurisdiction of the Selectmen who act as the Water Commissioners, and they will contract for engineering services.
 
Motion by Grimes to recommend Article 1, second Jack Angley.  Vote unanimous.  Will Sinclair indicated that IDC voted unanimously to recommend Article 1.
 
Article 2.  – Unpaid Bills
Motion by Angley to recommend, second by Casey.  Vote unanimous.
 
Article 3.  – Supplement line item budgets
Tabled
 
Article 4.  – CPA Software
Grimes motion to recommend subject to amendment, second Angley.  Vote unanimous. 
 
Article 5. – New Postage Machine
Motion by Grimes to recommend, second O’Donnell.  Vote uanimous.
 
Article 6. – 53rd Payroll Week - Employees
Motion by Grimes to recommend, second by Angley.  Vote unanimous.
 
Article 7. – 53rd Payroll Week – Full Time Elected Officials
Motion by Grimes to recommend, second Angley.  Vote unanimous.
 
Article 8. – Zoning By-Law/ Wind Energy Facilities (WEF)
Hunter explained the need for this new Zoning By-Law.  This will be by Special Permit.  Motion by Angley to approve, second by Grimes.  Vote unanimous.
 
Temporary Sergeant Appointments:
LaFond stated that the Police Chief had recommended the two Provisional Sergeants be appointed Temporary Sergeant.  They were the two top positions on the lists.  Grimes stated that he hoped the Chief would be here as we obviously have different information from Civil Service.  LaFond explained the situation regarding Permanent Sergeants.  Delays have been caused by appeals to a demotions and termination.  The Town talked to Civil Service and they recommended the Temporary Sergeant designations, as the Town does not have any permanent sergeant vacancies.  Grimes stated that both individuals had spent money and studied for exam, and that after a period of time would loose their civil service status, and have to repeat exam.  The officers know there is a risk of being demoted and he is advocating making them permanent.  Casey stated he and Angley both talked to C.S. by phone and asked numerous questions.  Officers do not lose their benefits and will have two or three years on the Temporary Sergeant appointments. 
 
LaFond explained the process – the Town has to cite reason, and Civil Service has to certify the reason.  Also, in the Collective Bargaining Agreement with the Police Union it states that the Town must proceed pursuant to Civil Service Laws.  The Town would be in violation of Civil Service in appointing permanent sergeants, and also be in violation of the contract with the Police Union.
 
Motion by Angley to approve the Police Chief recommendations to appoint the two Temporary Sergeants from the Civil Service List, second Casey.  Vote 3-1-1 (Grimes no; O’Donnell abstained).
 
One Day Special License – Sportsmen’s Club for December 12, 2006:
Motion by Angley to approve, second by Casey.  Vote 3-0-2 (Grimes and O’Donnell abstained).
 
Community Preservation Committee Appointment:
Motion by Angley second by Grimes to appoint Scott Alexander from the Recreation Committee to replace Ken Kinsey.  Vote unanimous.
 
Minutes of November 14, 2006:
Motion by Grimes to approve as written, second Casey.  Vote unanimous.
 
Citizen’s Participation:  None
 
Selectmen’s Notes:
Casey reminded citizens to attend the Special Town Meeting of December 11th.  One-Hundred Fifty registered voters are needed for a quorum.