Town of Carver, MA - Selectmen's Meeting of April 24, 2007

Present: Selectmen Casey, Grimes, O’Donnell, Angley and Chairman Muscato. Also present Town Administrator LaFond and A.T.A. Bouchard.

The chair read the announcement of vacancies on the various Boards, Committees and Commissions. Muscato also informed residents of the upcoming Community Forums on April 25 and May 9.

Muscato also reminded citizens that the local election is Saturday, April 28, 2007.

P & JV of Weymouth, Inc. dba Mamma Mia’s of Carver:

P & JV of Weymouth, Inc. dba Mamma Mia’s of Carver has requested an All Alcoholic Beverage pouring license. Attorney Ed Angley representing the applicants spoke on their behalf giving a history of the background of the owners in the restaurant business for over 40 years. The family has had no liquor violations for more than 20 years. O’Donnell asked if any of their other facilities were near schools. Angley responded there were. O’Donnell stated he had no concerns about the establishment, but did have concerns with the high volume of traffic.

Buz Artiano, builder, explained to the Board that there would be screening facing the school grounds on the new patio that will be built for outdoor dining. This will be a 20 seat patio with a three feet rise and 42” fencing.

Will Sinclair, IDC Chair, stated that the IDC m et last night and discussed this liquor license request. The IDC by a unanimous vote supports the license and Sinclair presented a letter of support.

Resident Mike Grant questioned whether the IDC voted on every liquor license. He does not think it is ethical they should be doing it for only one applicant.

Residents Dawn Padovani and Bob Jerrier also presented questions regarding elevation and advertising. Artiano stated that he would not allow any by-law violations in his buildings. Jerrier also had concerns about this operation after school hours due to the fact there are a lot of children walking to the playground and library with the flow of traffic to that area. He is concerned with the safety of the children where there are no lights. LaFond stated that the Planning Board most likely discussed traffic flow during the site plan review. Brian Lauzon, Planning Board Chair, stated the traffic was discussed very lightly during the process and that Route 58 is a main thoroughfare through Carver. The Board’s concerns are with entrances and exits. He further stated there is a crosswalk and lights across from the library. The Board had no major concerns on traffic.

Grimes believes that the new facility will be a great addition to the Town. Motion by Grimes, second by Angley to approve license. Vote 4-0-1 (O’Donnell abstained).

William F. Pierce, Jr. dba The Super Swapper Class II License Applicant:

Jean Bouchard informed Board that Mr. Pierce had called from Florida on this date, and is unable to attend and requested a continuance. Several neighbors and residents were in the audience and the Board accepted comments as follows:

Marie Velez, 249 Meadow Street, stated they have been neighbors for 15 years and does not object. Allison Reposa of 261 Meadow Street questioned a used car dealer residing in a residential/agricultural neighborhood. LaFond stated if he were to store or sell vehicles from location he would be required to go before the ZBA. Ms. McKenzie, 256 Meadow Street also questioned a used car dealer in a residential neighborhood. Motion by O’Donnell to continue hearing and require Pierce to inform abutters in writing of the continued hearing date, second by Angley. Vote unanimous.

Handicapped Committee Applicants:

Rebecca L. Hathaway, Wade A. Locke and Karen Penti have applied to serve on the Handicapped Committee. Rebecca and Wade were present, Penti was unable to attend. Scott Roberts, Handicapped Committee, recommended all three appointments. Motion by Grimes, second by Angley to approve appointments. Vote unanimous.

99 Main Street Informational Hearing:

Charles Young and Marc Bartlett of Norfolk Ram Group who is the consulting firm doing the remedial clean-up of 99 Main Street with the $200,000 EPA Grant the town spoke about the scope of the services they would be providing. There was work already performed by the Town previously, and the site needed more investigation and remediation. The remedial plan was submitted to DEP in February of 2007. They are now getting the site ready for the wells. They are working with the Fire Chief on working around the departments training needs. They will be clearing trees in preparation for the injection point wells with the first application in June of 2007 using hydrogen peroxide that will not harm the water supply and has no undesirable by-products. Project expected to be completed in October of 2009. LaFond stated we have been dealing with the site since the late 90’s. To date the Town has expended $150,000 and the grant is a bonus.

LaFond updated the Board on the budget on the Senate and House leadership resolution. There is no much movement from the Governor’s budget. We will have to go through the budget process with what we know. LaFond recommended the money articles be put off until June, and suggests scheduling a meeting with the Capital Outlay, School Committee, Finance Committee and Board of Selectmen.

Annual Town Meeting Warrant Article Review:

The Board reviewed and voted the following Articles to remain on the warrant as printed:

1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19, 21, 22, 23, 24, 27, 34, 35, 36, 37 38, 39, 40, 42, 43, 44, 45, 46, 47, 50, 52, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67.

The following Articles were discussed:

Article 5: O’Donnell led discussion for amendment to exclude employees under contract. Second by Grimes. Vote unanimous. LaFond will have this reviewed by Town Counsel.

Article 14: LaFond explained the purpose of this article. The intent is to maintain the Cole bogs and other Town owned bogs. The bogs once in shape will be leased out. O’Donnell expressed concern that the dollars from harvest be returned to the Town’s General Fund. Angley informed the Board that various growers in Town have already donated material and time to help refurbish the Cole bogs. Motion by O’Donnell, second by Grimes to withdraw article from warrant. Grimes stated he understood O’Donnell’s concerns and questioned whether the article could be amended to address concerns. Muscato stated we need this article because if we do not work the bogs this year we cannot lease them out. Jack Hunter urged the Board of keep the article. Angley stated the Town cannot spend dollars until we earn them. Dick Ward of the Agricultural Commission explained to the Board how volunteers had spent time and material to bring back the bogs into production, but money is needed to bring it back into good shape. Excess funds at the end of the year would go back to the General Fund. O’Donnell stated since there is no investment to the Town he will withdraw his motion to have the article withdrawn. Grimes wanted to thank everyone who volunteered.

Article 18. O’Donnell would like a Wage & Personnel survey before awarding any raises. He want to look at the issue in its entirety. He does not want to see this as favoritism to one employee. Muscato stated we cannot have employees working without compensation. O’Donnell stated employees working beyond hours unpaid seems to be a problem with management. Lot more involved than one individual. Muscato stated that the Cole property issue is a lot of work. Will Sinclair stated the working group had accomplished a lot, but there is still a lot to do.

Agent, Sarah Hewins, stated she has been working hours not paid for and re-emphasized that you cannot ask an employee to work for hours they are not compensated for.

Casey stated that it necessary to review this warrant, and it is imperative that most of the articles to go to Town Meeting to let the people decide, and that the Board may not be aware of circumstances pertaining to all of the articles and it is better left for Town Meeting.

Angley agreed with O’Donnell that we should have a process; however time is our biggest problem right now for the Town in regards to the Cole property that requires the time and expertise of the Conservation Commission because of the well site. We should let the people decide.

LaFond told the Board that tonight is not to make recommendations on articles, but just go through them to see if they remain on warrant. The Town does not expect any employee to not get paid for hours that they work.

O’Donnell stated his motion stands. Grimes understood his point but his concern is to move it to Town Meeting floor.

Conservation Committee Member James Nauen and resident Mike Grant presented their views on the issue.

LaFond explained that in 1997 an article passed Town Meeting requiring Town Meeting Vote on all new full-time employees, and that is the only reason for the article. O’Donnell stressed this is not about Sarah Hewins and that we need to establish a process that is fair to every municipal employee.

Vote on O’Donnell’s motion: 1 yes/4 no.

Chief Parker spoke on the need for an additional officer. One officer is out on IOD and technically that position is not vacant. Third patrol officer would allow dedication to more traffic enforcement and other duties.

Grimes stated this was a lot of money and has concerns about the budget impact. Chief Craig Weston explained the committee has been through a long process before presenting this plan. LaFond stated this process has been well thought out but unfortunately we do not have the dollars sitting around and this would require an exclusionary vote. Angley assured the Board these figures were not picked out of the air. A professional architectural firm worked on these plans at no cost to the Town.

O’Donnell asked whether this could be done in-house. LaFond stated generally this is something that is not done in-house due to the depth and scope of the work comparing like position with like communities. It is important that whatever is decided is credible as a lot of people are affected by it.

Article 28, 29, 30, 31, 32, 33:

Concerns were discussed regarding additional funding, also use by the community of the facilities located on the school grounds. Also concerns were raised about the legality of using CPC funds at school facilities.

The following Zoning By-Laws and Amendments were discussed with Jack Hunter and Bryan Lauzon explaining the articles:

Boilerplate language that the “Feds” are requiring every City and Town have to be eligible for funds. Without this by-law the Town could face fines up to $500 per day.

Footnote defines lot shape requested by Mike Mendoza.

Planning Board requesting article be removed.

Allows private housing organization to oversee affordable housing units.

Would allow board or committee member that misses one meeting to vote on at hearings with provisions.

Amends Section 3562 of the Zoning By-Laws - housekeeping issue that was not deleted last year.

Hunter explained the act establishing the North Carver Water District that was written by the consultant.

Earth Removal By-Law Review:

Dick Ward and Gary Garretson came before the Board. Ward stated committee established January 24, 2007. Committee members were appointed in February. Ward has been gather information from various connecting towns, and that it is not an easy issue, but a necessary one. Gary Garretson gave the history of the committee and the work done on the By-Law several years ago. Both Ward and Garretson look forward to working on the different issues. The average farm encompasses 16 acres. Garretson remarked that $83,000 in inspection fees for road repairs has been collected over the last three years. O’Donnell expressed concern on road and land conditions. Also concerned on impact on the aquifer that was raised by the Plymouth/Carver Water Aquifer Advisory Committee. Aquifer Advisory Committee Member Sarah Hewins stated she takes umbrage that her position on the PAC is being used on a political hot topic. O’Donnell questioned how many truck loads are being removed from Carver every day. Ward and Garretson will keep the Board informed on the Committee’s progress.

Motion by Casey and second by Grimes to accept the following grants: Police Department SETB Grant of $5,000 for training dispatchers and Fire Department grant of $5,300 from the State for fire equipment. Vote 4-0-1 (O’Donnell abstained)

Minutes of March 27, 2007

Motion by Grimes, second by Casey to accept as written. Vote unanimous.

Citizens Participation:

Selectmen’s Notes:

O’Donnell congratulated Frank Muscato on his tenure as a Selectmen. He also asked everyone to keep our men and women in the service who are overseas in our thoughts and prayers as well as the students and family involved with the Virginia shootings.

Angley wished Muscato the best in his retirement. Reminded residents of the election on Saturday and urged everyone to vote for their candidates of choice.

Grimes stated he appreciated Muscato’s efforts as Chairman, and knows it is a learning experience and appreciates all of his efforts.

Casey thanked Muscato for his three years of service and stated that he brought a high level of energy to the Board during his three years.

Frank Muscato thanked the staff of the Selectmen’s Office, present and past Board Members, as well as Rick LaFond for their assistance and work. He also went on to thank the various department heads.

Town Administrator Notes:

LaFond updated the Board on the Fiscal Policy Meeting of the MMA he attended on this date. Fiscally every community is in the same boat. LaFond also stated in the 16 or 17 years in municipal government, he has never seen a harder working selectman than Frank Muscato.

Motion by Casey, second by Angley to adjourn at 11:05 PM.