Present: Selectmen Grimes, Casey, Ward, Chairman Angley, Town Administrator LaFond and A.T.A. Bouchard. Absent: Selectman O’Donnell.
The Chair announced the vacancies on the various boards and committees.
Minutes of August 5th and August 11th:
Motion by Casey second by Ward to approve minutes of August 5, 2008. Vote: 3 yes, Grimes abstained.
Motion by Ward, second by Casey to approve minutes of August 11, 2008. Vote unanimous.
Carver Cultural Council Appointments:
Jack Hunter came before the Board requesting the following members of the ACT Committee to be appointed members of the Carver Cultural Council: Irwin Ehrenreich, Maureen Fuller, Gail Nauen, Brenda Johnson, Sandy Cheverie and Margaret Blackwell.
Hunter stated that the Cultural Council had invited the members of the ACT Committee to be on their council. Motion by Grimes, second by Ward to appoint the above applicants. Vote unanimous.
United Nations Proclamation:
LaFond read the U.N. Proclamation declaring October 24, 2008 U.N. Day.
Ward wanted to extend a special thanks to the Dorine Merritt Memorial Fund for supporting our swimming and lifeguard program. They will be having another race at Edaville in the fall.
Friends of Carver Animals:
Judy Fitzgerald came before the Board requesting permission to hold raffles with some liquor prizes at Shurtleff Park during the Farmer’s Market on the first and last Sunday in October. The liquor will not be present per her discussion with Bouchard. They will have pictures of the prize and the winner(s) will receive the liquor on non town owned property. Ward stated the liquor being present on the property had been a big liability concern for the Farmer’s Market. Motion by Casey to approve on condition that liquor is not present on Town property, second by Grimes. Vote unanimous.
Carver Cycles Commercial Garage Hearing:
Applicant was not present for 7:15 P.M. hearing. Motion by Casey, second by Grimes to continue hearing to September 30, 2008 meeting. Vote unanimous.
Dog Hearing Stottmeier/Fantasia-Colon
The complainant, Ms. Fantasia-Colon, was sworn in by Angley. She handed out material to the Board regarding the Stottmeier dog incidents as well as on the specific breed (pit bull). Colon stated she did not think the Stottmeiers were qualified to handle this type of dog and stated the following:
· dog is not kept on a leash
· dog has history in Rochester prior to being in Carver of killing a family cat
· Colons have had two different incidents with Luke getting loose and attacking their dog
· dog did not respond to Stottmeiers during incidents
· owners are irresponsible and dog is dangerous
· Colon’s 7 year old daughter has been traumatized by the incidents
· Colon’s husband has a serious medical condition, and his immune system is compromised, therefore he can succumb to an infection.
· Colon asking that animal be destroyed
Helga Stottmeier was sworn in by Angley. Helga stated they have a 12’x12’ kennel for Luke. They have recently invested in an electronic dog trainer that has been effective. They have owned Luke for six months and states they need his companionship and that Luke is not vicious and is a loving animal. She handed out pictures of the dog along with other materials. She further stated another dog coming onto her property prompted Luke to slip out of his collar and run off with the other dog.
ACO Kathy Seeley gave testimony. Seeley went to Stottmeier’s and Colon’s homes after the latest incident. She stated Luke seem friendly and was not growling and she does not agree that he needs to be destroyed. She suggested Stottmeiers do training, suggested Luke wear a harness when outside of the house, and no run on the porch. If any future incidents the Town should take action. She has spoken to Curry’s Dog Grooming (former owner of Luke). At Luke’s former home there were children and other dogs that Luke was with all the time. The incident with the cat happened during play. Seeley suggested an underground fence be installed from the house to the kennel. Seeley stated that she told Mrs. Colon to call her if Luke is loose.
Neighbor Paul Burke, 16 Bradford Boulevard, stated he witnessed both attacks. He has small children and is afraid to let them out and states he had seen Luke out loose after the incident. Helga denied that Luke had been loose after the incident.
Angley stated he had concerns about the health of the Colon family and suggested a muzzle when Luke is outside of the house.
Mr. Colon gave an emotional speech regarding the incidents and the safety of his family. The Colon’s seven year old daughter also gave testimony.
Motion by Casey, second by Ward to have dog boarded immediately until which time a permanent acceptable structure is in place. Vote unanimous.
Casey stated to Helga if another incident happens that Luke will probably have to be euthanized to protect the children in the neighborhood.
Tax Classification Hearing:
LaFond stated that the tax classification hearing will be held on September 30, 2008.
Casino Facts to use Shurtleff Park:
Casino Facts requesting to hold a fundraiser movie night at Shurtleff Park on October 20, 2008. Motion by Ward, second by Grimes to approve. Vote unanimous.
Personnel Policy Amendment:
Grimes spoke on an amendment to have a two week period of time for public comments prior to contract extensions and hirings. Ward stated that he looked at what other towns do and they do not take that approach. He feels there is a process in place, although there may be times we would want to do it, but the general policy now should remain in place. Casey commented that opening contracts up for public comment politicize everything. The Board should know the individual’s job performance on an on-going basis, etc. H stated that he was against it. Angley also agreed that politics would enter into the issue and also concerned with legal implications. He also stated he found no other Towns have a public comment period. Grimes stated there should be a public comment period. The Board has a responsibility to answer the public questions as the public is paying our salary. He does not recall that the Board had a copy of the Police Chief’s contract for early review and disagreed
with an extension before the contract was up. He stated that Board had made decisions in Executive Session to extend a contract without a comment period between board members and we have to be accountable to the public. Grimes told Angley he should be talking to him and other Board Members before writing a letter to a citizen and that he had no right to answer for him before discussing it with him. Grimes further stated he does not accept the citizen’s participation policy. Angley stated that he responds to citizens in writing when letters are addressed to him. Angley reminded Grimes that he had offered and is willing to discuss with him any requests to speak during citizens’ participation.
Resident Padovani questioned Casey regarding comment made at candidates’ night at Cranberry Village. Casey stated over time things change and that this term has been the most frustrating because of the politics; e.g., the signs around Town with his name as well as the Police Chief and the Town Administrator. The politics have carried over to the point that it has affected his personal life. Resident Paul Johnson stated that Casey has done things wrong extending the contract at 12 midnight with the contract not being in front of him and the Board Members could not answer at Town Meeting what the Police Chief’s salary was. Casey responded that the Board had all of the facts available when making the decision.
Angley stated that the salary analysis that John Adams and Jack Franey will be completed soon and after review by members of that department the report will be made available to the public.
Discussion of Executive Session Minutes of July 26, 2007:
Angley spoke on two issues regarding the minutes:
1. A.D.A. findings on a public records request: LaFond stated the A.D.A. found Town was in diminis violation, as the minutes could not be produced until Bouchard returned from vacation, and found no fault with the Town. The A.D.A. ruled the only part of the minutes that could be released to the public involved the Police Chief’s contract extension, and the remainder of the minutes remained privileged. There was a difference of opinion between the A.D.A. and Kopelman and Paige.
2. Police Chief Contract Extension: Angley thought it should take place and the decision was his. The Police Chief had asked him. The contract contained no changes except the time frame and he had asked Bouchard to put it on the Agenda for Executive Session. He has supported the Chief since his hiring and decided to bring it before the Board.
Angley also spoke on the matter of the “Hunter” e-mail that Johnson had requested. He stated in writing that he did not receive it. Angley stated he was not lying. There are times that he does not receive his e-mail and that he has nothing to hide. He had Bouchard send test e-mails to his home computer.
Angley brought up Citizens Participation and offered to discuss this issue with Grimes. Angley stated that his policy is to respond very quickly for citizen’s requests to be put on Agenda.
Grimes spoke on the Executive Session Minutes stating there was no contract in front of the Board - there were only two sheets. Also stated that a lot of his comments were not in the un-redacted minutes. He did not want to make a decision that quickly on approving the extension without seeing the contract in front of him and without discussion and this has happened on two extensions. Once again he disagrees with Kopelman and Paige’s opinion and he has no faith and confidence in K & P’s decisions anymore. He feels Town should have a different way of recording Executive Session minutes.
One Day Special License Requests - Friends of COA; Decas Clambake and Chris Ray Thank You Reception:
Motion by Grimes to approve all three requests, second by Casey. Vote unanimous.
Selectmen Notes:
Motion by Casey to put flags at half-staff on 9-11, second by Grimes. Vote unanimous.
Grimes stated he is unable to attend all of the ERC meetings. Residents interested in serving as a Selectmen’s representative to the Earth Removal Committee should contact the office for an application. Grimes asked for an update on BATG and LaFond stated he will update the Board in Executive Session. Grimes asked for a report from the Legal Services Committee and Johnson stated they sent a draft RFP to the Inspector General’s office for comments and Grimes asked for it to be placed on the next Agenda.
Angley stated the Police Department Salary Report is almost done that John Adams and Jack Franey are putting together. Franey has had some scheduling problems. After completion it will be presented to the Police Officers for their review before being made public.
Casey stated that the Veteran’s Agent will have a table at the Farmer’s Market and will have a military recruiter with a vehicle present.
At this point resident Kurt Stottmeier entered the meeting and requested to be heard and wanted a stay of 48 hours on Luke’s temporary banishment from Town. Angley ruled him out of order as hearing was closed and told him he should have been present earlier when testimony was given. Stottmeier continued to speak. LaFond stated that the hearing had ended and a decision was made and the Board cannot go back and open the hearing at this time. Stottmeier stated he will disobey the order and the Town will have to arrest him. Casey stated that the Board will re-convene immediately if the Stottmeiers do not abide by decision.
Town Administrator Notes:
LaFond stated their will be energy audits performed by NSTAR at no cost to the Town on ten buildings. The office is still working on the street light issue, paying special attention to un-authorized street lights. The scope of services on the update of the Wage & Classification Plan is done and sent out with the deadline at the end of next week. He invited a couple members of the Board to participate.
The chair entertained a motion to go into Executive Session for the purposes of collective bargaining and not to return to Open Session. Roll Call Vote taken - unanimous.
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