Present: Selectmen Ward, Grimes, Casey, O’Donnell, Chairman Angley, Town Administrator LaFond and A.T.A. Bouchard.
Angley announced the vacancies on various committee, commissions and boards.
Stottmeier/Colon Dog Hearing:
Casey stated original motion made to leave hearing open indefinitely for the short term, and re-convene hearing immediately if there was a problem. Casey, Angley, LaFond and the Animal Control Officer went to property and viewed improvements. Grimes stated he had also gone on a site visit, and at that point was satisfied with what was done, but does not know if dog is a “digger”. Donna Colon who was in audience stated she was not in agreement with structures and stated they did not comply with what was asked for. Casey cautioned the Board should not be discussing matter as the hearing was not re-convened and Stottmeiers are not present. Colon as well as residents in attendance made additional comments. Casey suggested they contact the ACO regarding her reasons
for approving the structure improvements, as it is appropriate to start there. Ward requested a report from the ACO. Colon asked who she should call if she does not receive a call back from the ACO Staff. LaFond responded either Bouchard or himself.
Housing Production Plan:
Jack Hunter came before the Board requesting their approval of the Housing Production Plan that was funded with CPA funds. It has been worked on for about three years, and the Town needs to submit this to the State to be certified. The Town is trying to find suitable areas for affordable housing that is mandated by the State as Carver is at 2.5%, and the State mandate is 10%. In 20 years we should be at the 10% if we do 15 units per year. Manufactured homes in Carver account for approximately 26% of the Town’s housing stock, and none of these count towards the State’s mandate. Motion by Ward to accept Housing Production Plan, second by Casey. Resident Judy Fitzgerald asked if everyone has read the plan and if not how could they vote for it. O’Donnell asked
if there was a deadline to submit to the state. Ward motioned to table approval for two weeks for review, second by Casey. Vote unanimous.
Tax Classification Hearing:
Ellen Blanchard and Assessor Frank Muscato came before the Board and explained why the Tax Classification Hearing needs to be continued as the State DOR is requesting more documentation from the Town. Motion by O’Donnell to continue hearing to October 14th, second by Grimes. Muscato wanted to assure taxpayers that they delay is not due to the Board of Assessors or its employees and a mechanism is in place if taxpayers want to prepay. Vote unanimous.
Merritt Family Presentation:
The Board presented a Certificate of Appreciation and Recognition to Donna Merritt-Cohen and Bob Merritt on behalf of the Dorine Merritt Scholarship Foundation for their very generous contribution of $10,000 to fund the Swim/Lifeguard Program for the youth in Carver. They will be sponsoring another run at Edaville on November 8, 2008. Bob Merritt stated the fund has experienced tremendous growth and the foundation wished to do more than scholarships for the youth in Carver. They will meet with the Recreation Committee in the future on how to expend future dollars in the community.
Plymouth/Carver Aquifer Update:
Sarah Hewins and Ed Fuller, Carver Representatives to the Group, came before the Board to give an update. The group is made up of seven towns with similarities as well as diverse differences. Hewins stated the Plymouth representative is writing a grant to DEP for rain barrels to be sold to residents at a cost of $25. She will be speaking to Bill Halunen and LaFond to coordinate this effort and stated this would be a good Green Committee issue. Plymouth also asked for letter of support for a drinking water grant they are applying for. Another topic was the Makepeace proposal. Ed Fuller stated that the state funded a study with the seven towns who are in the aquifer, however even though the study is completed the group will continue to meet. Carver’s new Earth Removal By
Law is an important element in protection.
Murphy’s Auto:
Matt Murphy came before the Board requesting a change of name on his Class II, III and Commercial Garage Licenses. Motion by Grimes, second by Casey to approve. Vote Unanimous.
Carver Cycles:
Applicant was not present. Motion by Grimes , second by O’Donnell to open hearing, take no action and close hearing. Vote unanimous.
Legal Services Update Committee:
Paul Johnson handed out draft RFP to Board Members and did a power point presentation on the same. He asked for Board Members input on the draft. The committee will then incorporate changes and present it to the Board. The Committee will then send it out to 93 law firms. They have arranged with the Town Clerk for her office to receive the responses and to be present when proposals are opened. The committee proposed to review and present to the Board firms they have determined that meet the criteria for interviews by the Board. Johnson stated the IG’s office cautioned the committee on sharing this RFP with anyone other than the Board because of confidentiality. Grimes commented that the committee did a lot of work. Casey commented that it seems a lot of emphasis was
placed on location and that it is an advantage to have a Boston law firm due to various cases and it is imperative that the firm have experience with Civil Service and JLMC as this is the major cost of our legal bills for the last seven years. Judy Fitzgerald stated when they talked to the attorney at the IG’s office she specifically stated that the proposal should not be passed around to department heads. Johnson requested a deadline for comments and suggested October 14th. Casey requested that this be put off for additional two weeks until the October 28th meeting. Motion by Grimes to review RFP and make recommendations by October 28, 2008, second by Ward. Vote unanimous.
LaFond asked Franey to give an update on 74 Rochester Road. Franey worked with land owners and relatives to allow them retain ownership of property. This requires a vote of the Board of Selectmen. Franey stated the Town will receive $113,329.97 in back taxes and interest. Motion by Grimes to vacate tax title taking and allow resident to retain the property provided the Town is paid $113,229.97 within 30 days, second by O’Donnell. Vote unanimous. Franey stated it was discussed with the TOPS Committee.
Fire Department Grants:
Motion by Grimes second by Ward to accept the Fire Department Equipment Grant and the Fire Department S.A.F.E. Grant. Vote unanimous.
Constable Appointment Request:
Motion by Ward, second by Grimes to re-appoint Gregory Kamon a constable with the provision of membership in the Mass. Constable Association. Vote unanimous.
TOPS Committee:
LaFond and Hunter gave a brief update on the committee’s activity and stated they are pretty close to making recommendations to the Board.
Selectmen Notes:
Grimes stated he wanted to discuss Jack Hunter getting paid to administer the Whitworth Grant. Questioned whether it was part of his regular duties. LaFond responded with his recollection in regards to the time frame of the Spring of 2006 and explained the Town received a grant for the Whitworth property, with $5,000 earmarked for admin. In the past, we hired firms to do grant management, typically at a cost of $25,000 to $30,000. None of the firms used in the past were able to do it. He had asked Hunter if he would be able to do it on non-working hours, as it was a considerable amount of work and he agreed. For the past 2.5 years Hunter has been administering the grant, and was paid approximately $3,500. Grant administration is not part of his job description. It was
determined by LaFond that he was able to do it on non-duty hours, and the grant has been closed out. Grimes concerned that Board should have been informed, and what would be the difference between planner’s duties and the grant admin. Hunter reports to Selectmen as well as Planning Board. LaFond stated due to the complicated and amount of admin work required for this grant it was not feasible for Hunter to do the work during his normal working hours, and this was unusual and may never happen again. Grimes continued to express his concerns as Hunter’s position and salary were upgraded in this time period. O’Donnell stated he found out through e-mails and had no clue. LaFond stated he could not specifically remember who he spoke with regarding this in the winter/spring of 2006; that this option was the most cost-effective for the town; and that grant administration is not in Mr. Hunter’s job description. He will make sure
that the Board is informed in the future of any similar situations. O’Donnell asked if there were any other situations similar to this ongoing. LaFond stated no, that this was unique situation.
Grimes then spoke on the former Dog Officer’s request to go before the Board regarding an implied threat, and that there had been a request for an Executive Session with no response. He would like to see her in Executive Session for discussion. LaFond stated an E.S. would require written notice to several individuals with the right to be represented. There are a number of people who come into play. This would result in substantial legal fees. There has been an offer by LaFond and Mr. Angley to have a discussion at admin level with all parties that has not been accepted. This rises to the level of a potential discipline hearing with the Selectmen. The issue is becoming more complicated that it has to be. Grimes stated it should have been resolved during the summer. Angley stated we had offered
a sit down with the parties regarding that event. Cindy Sherman, who was in attendance, asked if she was going to be allowed to speak to the Board. O’Donnell asked what we need to do to move forward. Casey stated if the Board held an E.S. the individuals have rights under the law. LaFond stated Sherman’s attorney had received an answer from Angley, and that once an attorney was involved, the Town’s communications go through the attorney representing the individual. Grimes stated he would like to be involved in the admin level meeting. Angley stated that Sherman should consider the town’s offer to discuss this matter.
Grimes brought up the Enterprise editorial regarding the I.G.’s letter on Birch Terrace. LaFond spoke on the content of the letter from the I.G.
Ward stated we should respond with a letter to the Editor. LaFond stated he was going to contact that Office to see if they wanted a response, and on what specific issue(s).
Casey stated they were informed at the last meeting of SSCAC, that this year’s fuel allotment would be $640 per household and that three years ago it was $1,180. He mentioned through the efforts of resident Bobbi Frugoli the food bank program is receiving 500 lbs. of bread, five days per week and congratulated Frugoli.
O’Donnell stated he had read in news reports that donations to food pantries are down, and this would be a difficult year. He suggested that people that are able contribute to this cause. He updated the Board regarding the Casino Task Force. There will be a forum at the High School on Jan 15th and stated we cannot get complacent. O’Donnell mentioned the upcoming Kayla Richards fundraiser that benefits Jordan Hospital.
Angley stated the legislature needs to find answers to the financial crisis.
Town Administrator Notes:
LaFond stated Whitworth Group has re-convened as the deal for the potential sale fell through. He also attended a Police, Fire and EMS round table to discuss concerns and staffing issues. He attended a Fiscal Policy Meeting of the MMA and discussion centered around what the implications would be to cities and towns if the vote to eliminate the state income tax was approved. It could result in Carver’s getting 38% of $11 to $12 million in state aid and would result in “mayhem”. He stated that he is no longer the President of the Gateway Health Group and that he had turned over the reins to Pat Meaghar. The group ended the fiscal year with an estimated surplus of $1 million after three years thanks to the efforts of this town in terms of the leadership in getting us to where
we are. He announced the upcoming community forum on surviving the financial crisis.
Angley stated the salary analysis of the Police Department Officers is complete and the figures have been reviewed by those employees, and had the analysis placed on the table for those interested in a copy. He praised the efforts of the Town Accountant and Treasurer/Tax Collector for their efforts in preparing this report.
Motion to go into Executive Session under M.G.L. Chapter 39, §23B to discuss collective bargaining and not to return to Open Session. Roll Call Vote taken: Yes - Casey, Ward, O’Donnell, Grimes, Angley.
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