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Selectmen's Minutes of December 11, 2007
Present:  Selectmen Grimes, Casey, O’Donnell, Ward, Chairman Angley, Town Administrator LaFond and A.T.A. Bouchard
 
Angley opened the meeting at 7 PM with the Pledge of Allegiance.
 
Angley announced openings on the following committees:  Finance, IDC, Marcus Atwood Trustees and Open Space and Recreation Plan Update.
 
Angley also announced the upcoming Community Forums. 
 
Storm Ready Community Certification:
Officials from the National Weather Service, MEMA, and MEMA Region 2 were present to designate and recognize Carver as a Storm Ready Community.  Carver is one of only five communities in Massachusetts who have attained this recognition.  All officials present spoke of the hard work of EMS Director Tom Walsh and Deputy Director Helen Copello in making this distinction possible.  Tom Walsh and Helen Copello were presented certificates for their efforts for Carver achieving the distinction of a Storm Ready Community. 
 
North Carver Water Project:
Wayne Perry of Norfolk Ram Group and Jack Hunter came before the Board requesting that the Board declare the water treatment equipment for the North Carver Water Project a sole source provider.  Testing of the water at the N. Carver Project has shown high levels of iron and manganese and Norfolk Ram had look at three alternatives and one company has the equipment to handle these levels.  If the Town gets the equipment themselves it will save on the markup the general contractor would add on.  LaFond stated that under Chapter 32B the awarding authority (Selectmen/Water Commissioners) are authorized to award the contract to a sole source provider rather than go through the bid process.  Grimes commented he would like to keep the project on the fast track.  Motion by Grimes to approve sole source provider for water treatment equipment for the N. Carver Water Project, second by Ward.  O’Donnell asked what were the cost savings and Perry replied 12 to 18%, and that the equipment is made in Canada.  Vote unanimous.
Wildlands Trust – Conservation Restriction:
Scott MacFaden and C. Peterson of the Wildlands Trust came before the Board regarding a conservation restriction on 38.8 acres of Clark Griffith’s upland properties.  These parcels are located at various locations in the Town.  The restriction would run in perpetuity, with the landowner continuing to keep up the property as necessary, and Griffith stated he has a management plan for the property since 1956 as a tree farm, and he will continue with his forestry program.  MacFadden stated that the Wildlands Trust will be monitoring the properties.  MacFadden also reported that Griffith has agreed to make the property available for public access.
 
Ward thanked Griffith for all he has done for the Town, and Grimes and Angley seconded the thanks.  Motion to approve by Grimes, second by O’Donnell.  Vote unanimous.
 
Lakeville Animal Shelter Agreement:
Motion by Grimes, second by Casey to approve extension of contract.  Vote unanimous.
 
Tiki Kye Extension of Hours on New Year’s Day:
Motion by Ward to grant extension of hours on New Year’s Day, second by Grimes.  Vote 4-0-1 (O’Donnell abstained).
 
One Day Special License – Friends of the Council on Aging:
Motion by Grimes, second by Ward to grant One Day Special License to the Friends of the Council on Aging for Democratic Town Committee Christmas Party on December 17, 2007.  Vote 4-0-1 (O’Donnell abstained).
 
Minutes of November 27, 2007:
Motion Ward, second by Grimes to approve minutes of November 27, 2007 as written.  Vote unanimous.
 
Charles Quintal dba Charlie’s Auto Class II License:
Bouchard explained to the Board that Mr. Quintal is now requesting that his Class II License be renewed on his Accountant’s advice.  Motion by Grimes, second by Ward to approve renewal.  Vote unanimous.
 
Special Town Meeting Date:
LaFond stated STM is needed in order for Town to pay unpaid bills and to fund a collective bargaining agreement.  Motion by Grimes to set date for Special Town Meeting for January 28, 2008, second by Ward.  Vote unanimous.  Motion by Casey, second by Ward to set the article deadline for December 31, 2007 for the STM.   Vote unanimous.
 
Grimes brought up the issue of expediting the permitting process under Chapter 43D and it is important for all boards to understand the expediting process.  This can encourage the right type of commercial development, and certain sites that would benefit with approval being streamlined.  This is an important thing to be addressed with all boards by Jack Hunter.  Hunter stated the IDC wanted to bring this issue up to give everyone a heads up.  This is a very important component for the North Carver Project.  Hunter stated the State permitting process would also have to be streamlined, and this could tie into potential grants for certain projects.  It would require Town Boards to act within 180 days with regards to permitting.
 
Savery Meadows 40B Project:
Brian Levy, Dan Aguiar and Ron Turowitz came before the Board to present their proposed 40B development on Main Street that is located in the Savery Historic District.  They are proposing 32 homes on a parcel of 33 acres with each lot being 5,000 square feet.  Eight of the units will be affordable.  The houses will be two and three bedrooms with a garage.  They will share a community septic system and have private wells.  The roads and common areas – septic, etc. will be maintained by the homeowners association.  Once they receive a site eligibility letter from Mass. Housing they will apply to the ZBA for a comprehensive permit.  Ward expressed his concerns with the possibility of the Town having to take over the septic system in the future or the residents petitioning the Town to have the roads approved as public ways.  Levy stated there can be restriction placed by the ZBA that would prohibit this.
O’Donnell asked the prices of the dwellings, and Levy stated that the affordable units would be priced at $167,000 to $186,000 and the 24 market rate dwellings’ price range would be $351,000 to $362,000.
 
LaFond stated that at a meeting of the Planning Board this project was discussed and they recommended that representatives with the various permitting authorities and the developer take a look at the project and work out a solution to make everyone happy so that the Town feels the project is beneficial. The Planning Board recommended that there be a member of the Board of Selectmen participating in the discussion.  Motion by O’Donnell, second by Casey to appoint Jack Angley as the Board’s representative.  Vote unanimous.
 
The developers stated they would be willing to participate in a discussion, but wanted the various local permitting authorities to be “on the same page”. 
 
Citizen’s Participation:
Resident Paul Johnson brought up again the subject of Town Counsel and their billing hours and the fact that the exceeded the budget by double.  The Town needs to interview other firms for the Town’s legal issues prior to Town Meeting.  LaFond stated that Rich Bowen of K & P has a draft report on various litigation issues and both Mr. Jenkins and Mr. Bowen will be addressing the Board in Executive Session.  Casey suggested putting Johnson in charge of a committee to explore other law firms.  LaFond stated that all of the legal charges were not from Kopelman and Paige and that any law firm expects to be paid.  LaFond also stated that a substantial portion of the legal feels were for personnel related actions, as well as the cleaning up of problematic properties in Town, and it is difficult to get the local court system to work with the Town.  Grimes and O’Donnell supported Casey’s recommendation to establish a committee.  Casey stated that one of the considerations needs to be the services available through the law firm, and that the Town needs specialty lawyers to deal with the myriad of issues.
 
LaFond stated that we should be cognizant of the success of K & P with litigating issues, especially with Police Department issues.
 
Resident Rod Forrester once again brought up the subject of the Cranberry Village (South Carver) wells stating that the Town took the wells by eminent domain and disputing the fact that Mr. Piper gave the wells to the Town.    LaFond stated his recollection of events and that originally the deed was not signed and accepted by the Board of Selectmen.  During the meeting the original deed was produced by Bouchard that indicated that Piper did in fact sell it to the Town for $1.
 
Resident D. Padovani once again asked about the status of the BATG lawsuit.  Angley told her as stated previously the Town will be getting an update for K & P on all legal issues.
 
Selectmen Notes:
Ward discussed the Green Committee and his desire to have a meeting in the near future.  Motion by O’Donnell, second by Angley to appoint Ward to the committee.  Ward requests that the following individuals be appointed to the committee:
 
          Jean Bouchard, Superintendent of Buildings and Grounds
          Sarah Hewins, Conservation Agent
          David Siedentopf, School Facilities Director
          Jack Hunter, Director of Planning and Community Development
          Jerrold Zwiehorn, Resident
          Arthur Bouchard, Resident
          Anthony Rota, Resident
          Pat Lake, Resident
         
Motion by Grimes to accept appointments, second by O’Donnell.  Vote unanimous.
 
Ward also stated the Fire Department was recognized by the National Firehouse Magazine who will be running an article in the next couple of moths on the Carver Fire Department and wanted to congratulate them on that.  Angley asked that a letter of congratulations be prepared for the Board’s signature.
 
O’Donnell wished everyone a very Merry Christmas and a prosperous New Year.
 
Angley seconded that thought.
 
Casey stated that Dan Miott, Director of the Cable Studio, will be leaving at the end of December to start his own business.  The Town will miss him and he wished him the very best.
 
Grimes also wished everyone a Merry Christmas and a Happy New Year.  He hopes everyone is thinking of our troops who are in harms way.  He thanked Bouchard for the decorations.
 
Town Administrator Notes:
LaFond stated the budget process has begun and mentioned who difficult it is going to be this fiscal year.  In January he will provide an update on projected spending levels and revenues.  He thanked Bouchard for all the decorations around Town Hall, and stated that she and her husband do this out of their own pocket as well as time.
 
Motion to adjourn at 9:50 PM.