Town of Carver, MA - Minutes of August 14, 2007

Police Chief Parker came before the Board requesting an increase in handicapped zone parking violations from the present $25. to $150. for each violation. He feels this will be a deterrent to those parking illegally in handicapped spaces. He stated that violators may also be towed if officers observe them illegally parked. Motion by Ward, seconded by Casey to approve the Chief’s recommendation. Vote unanimous.

Ed Fuller came before the Board to speak on behalf of himself and Jan Tracy regarding improvements to the Lakenham Green. Both Fuller and Tracey live in the Lakenham Historic District and they, along with a group of residents would like to improve the Green. Fuller is a licensed landscape architect and showed the Board plans that he has drawn up that show “a vision” for the Green. They have had an offer from an anonymous donor that would donate up to $5,000 for the improvements contingent on matching funds. This can be either cash or in-kind services. They suggested holding fundraisers, such as selling engraved bricks to raise funds for improvements. They seek the Board’s support and permission to continue to make improvements as well as the Town’s commitment on the matching funds. O’Donnell asked if this was eligible for CPA funding. Fuller answered yes, but funds would not be available until the following fall. Resident Paul Babbin suggested they should go to the IDFA to seek funding. Will Sinclair stated the Redevelopment Authority owns property in the district and they would encourage any improvements to the Green.

LaFond stated that the Board needs to authorize the establishment of the committee and authorize the fundraiser and support matching funds up to $5,000. He stated he will work with Ed and Jan to work on the best options so they can come back and have the Board make a decision regarding funding.

Motion by Grimes to form the Lakenham Green Preservation Committee with authorization for the committee to begin working on the project, seconded by Casey. Vote unanimous. LaFond asked Fuller and Tracy to submit a list of people for consideration on the committee so the Board can make appointments.

Buz Artiano came before the Board to give an update on the study committee. The project will be going forward as a debt exclusion on a binding ballot question at the Special Election on September 15, 2007. The Town has applied for a matching grant in the amount of $275,000 for the Police Station and will have an answer in November. Artiano is also asking to change committee from a Study Committee to a Building Committee. He is also requesting that the Building Committee consist of eleven members. The present appointees will makeup the Building Committee along with additional at large members. The retired Fire Chief of Otis Air Force Base is interested in serving. Paul Johnson asked if the $275,000 grant would reduce the amount of borrowing, and Artiano answered in the affirmative.

Motion by Ward to change the status of the study committee to a building committee and to increase the number of committee members to 11 made up of the study committee members and four at large members, seconded by Grimes. Vote unanimous.

Ward asked Buz about the importance of the Casino, and how this would impact the plans. Ward and Paul Johnson had discussed this issue recently. He inquired if the Special Election Date could be pushed back to allow for a question to be posed to the voters regarding the Casino in order for our legislators and the Governor to hear a message from the residents. Sinclair stated there were 174 people at the community forum that voted in opposition. Others present - Hunter and O’Donnell questioned acting too hastily as the Casino still has to pass multiple hurdles before it is a reality. LaFond stated that by statute the Special Election cannot be held any later than September 15, 2007. Discussion continued on the ballot question and its content. Selectmen encouraged everyone to write their state legislators.

LaFond stated that the paperwork before the Board for signature is the Statement of Denial for Comcast Cable Television’s latest proposal. Motion by Ward, second by Grimes to approve Statement of Denial and to send to Cable Commission and Comcast. Vote unanimous.

Chairman Angley stated that the secret ballot vote to fill the vacancy on Board of the Assessors held on June 26, 2007 was a violation of the open meeting law and that the Board of Selectmen and the Board of Assessors will be re-interviewing the applicants this evening and by a show of hands will vote to fill the vacancy.

After the vote was taken LaFond noticed that Mr. McGonagle arrived. LaFond went and spoke to McGonagle and informed him of the outcome. He asked McGonagle if he wanted and opportunity to speak before the Boards and to have them re-vote. McGonagle graciously declined and was satisfied with the process that was taken. O’Donnell commended and encouraged him to apply for another committee vacancy.

T.A. LaFond attempted to find Mr. Ferreira in the Town Hall at two different times, as well as the Chair asking if he was present. It is noted that earlier in the evening before the 7:45 PM time for the Show Cause Hearing, a member of the Board stated that he had seen him in the hallway outside of the meeting room. Casey referred to the Board’s agenda material on this and brought their attention to a copy of a commercial garage license made out to Jessica Whiting dba Ferreira’s Auto and Towing. He stated the signature on this license is not his. He further stated that he did not sign the original Commercial Garage License issued to Jamie Ferreira. He is unable to identify the three remaining signatures with the exception of Frank Muscato’s. This Jessica Whiting license was given to a bank, and it offends him greatly that his name appears on this document. Motion by Casey to terminate license, second by Ward. Vote unanimous.

Motion by Ward to expand the committee makeup by six due to the excellent qualifications and dedication of the applicants, second O’Donnell. Vote unanimous. O’Donnell commended Ward on his reconsideration on the size of the committee. Ward thanked all of the applicants and stated it shows the importance people put on this issue. He proceeded to give the committee’s mission:

Ward stated he has looked at several shelters including Kingston that has 8 runs with six being used. It could be three years down the line with regards to the litigation and we cannot wait. He hopes to be helpful to the committee. LaFond commented there is reason to be skeptical in regards to BATG to force compliance.

Angley stated Paul Johnson submission of questions and the Town’s answers will be helpful to the committee, and stated copies were available. Johnson stated he still has some questions regarding the legal process with BATG, and expressed his opinion that the public is not going to get answers. Angley stated that he did his best to get the answers to his questions. O’Donnell questioned whether someone at K & P dropped the ball after the Board voted to proceed with litigation six months ago. LaFond stated that if any Board Member has questions regarding the legal process they can call Rich Bowen.

Chairman John Garretson has requested that Robert Ieronimo be appointed a Selectmen’s representative to the Earth Removal Committee. Motion by Casey to appoint, second by Ward for purposes of discussion. Resident Bob Reynolds requested to speak regarding the Town’s ERC By-Law, membership and challenged the appointment. Membership states three members of the Board of Selectmen and he requests that a legal opinion be sought. Discussion followed on this point and the proposed project on Ward Street. Ward stated it would be helpful if membership was reviewed by Town Counsel and to inform ERC it has been referred. LaFond stated that he believes membership should be amended from the three members of the Board as it constitutes a quorum. Motion by O’Donnell to table, second by Ward. Vote unanimous.

An update of the Lakeville meeting was given by Jack Hunter and O’Donnell. The regional committee is made up to sixteen towns. Twelve of the Towns did not support the negative vote on the casino. Their reasoning is it might prevent them from mitigating and lobbying their concerns with the state. Motion by O’Donnell, second by Ward for the Town to share the cost of hiring an attorney to represent the group. Discussion followed. Vote unanimous.

Resident Paul Johnson asked for a non-binding ballot question be drawn up for the Special Town Election of September 15^th and submitted one for review. Discussion followed. Motion by Grimes and second by O’Donnell to have a non-binding ballot question on whether residents approve of a casino in Middleborough. Vote: unanimous.

Ward would like the Town to form a Green Committee. He had made a visit to Kingston and they have had one for a year. The purpose would be to save energy with vehicles and other cost saving measures on their buildings. They hope to reduce energy consumption by 20%. He feels it needs to be addressed. Ward suggested at the next meeting discussion to format the makeup of the committee. Motion by O’Donnell, second by Casey to accept. Vote unanimous.

Bouchard stated that the commission requested a gift account be set up for the proceeds of the sales of books and other items. The purpose of the gift account is to allow the commission the preserve the historical artifacts of the Town as well as purchase other items needed. The initial amount for the account is $826. raised at Old Home Day from the sale of books. The authors donated the proceeds of the sale of these books to the Historical Commission. Motion by Ward, second by Casey to approve the creation of a gift account and to accept the $826. initial donation for the reasons specified. Vote unanimous.

Casey stated that Carver’s constables do not belong to the Mass. Constables Association and explained the membership and the benefits of belonging that included classes, newsletters, etc. Membership is $55 with $15 a year for renewal. He would like to see membership in the organization mandatory and give present constables 60 days to comply. Membership fees would be the appointee’s obligation. Motion by Casey and second by Grimes to require all constables to join the Mass. Constables Association within 60 days of being notified by the Town, second by Grimes. Vote unanimous. O’Donnell is in full support.

Dawn Padovani asked again about the docket number on the BATG litigation. She stated she called Town Counsel and Rich Bowen stated he worked for “Rick LaFond” and could not answer any of her questions. She also stated that she talked to another lawyer at the firm and that lawyer told her presently there was no litigation. LaFond stated that when the Town is in litigation both the Town and Counsel cannot not compromise the Town’s position by discussing the issue.

Paul Johnson questioned why the Police Union has been four years without a contract but the Chief’s was just extended. He also asked how much money the Town would have to come up with to fund a new contract for the Police. LaFond replied $13,000 for every 1%.

O’Donnell stated he has read Pacheco’s position paper and he is in favor of expanded gambling. Pacheco is in favor of Class 3 gambling if host town votes for it. He also mentioned school starts the 28^th and for everyone to keep our armed forces in their thoughts and prayers.

Angley updated everyone on the meeting with representatives of Ocean Spray, Decas and Makepeace on the transient worker camping problem. He attended along with LaFond and Chief Parker. The firms will be using temporary workers, even though the cost will be significantly higher, rather than the transients that were illegally camping. Angley further stated that on Friday there was an Executive Session of the Board with three members in attendance to discuss ongoing police union negotiations. This was an informational meeting – a primer for Dick Ward and himself to bring them up to speed. They voted to have Town Counsel at a future meeting for an information presentation from the town’s side.

LaFond spoke on anticipated receipts from the casino issue - $300 to $400 million is anticipated. Last year’s local aid totaled $180,000 more to be split among the municipalities. This is not going to create a significant amount of additional revenue.

LaFond was pleased to inform the Board that the Conservation Commission presented a plaque to Sarah Hewins for her outstanding work in the acquisition of the Cole Property. LaFond stated that Sarah and Hunter worked very hard on the land management plan and it was a herculean task. Wildlands Trust of Southeastern Massachusetts also presented the Town with a plaque recognizing and congratulating the Community Preservation Committee and the citizens of Carver for their efforts in acquiring the Cole property.