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Minutes of 11-25-08
Present:  Selectmen Dick Ward, Frank Casey, Chairman Jack Angley, Town Administrator LaFond and A.T.A. Bouchard.  Absent Selectmen Grimes and O’Donnell.
 
The Chair opened the meeting at 6 P.M.  Roll Call Vote taken to go into Executive Session under M.G.L. Chapter 39§, 23B, to discuss strategy with respect to collective bargaining.
 
Open Session re-convened at 7:05 with Selectman O’Donnell also present.
 
The Chair read the announcements including a letter from Chief Parker regarding the M.A.D.D. campaign.
 
Plymouth Airport Commission:
The Plymouth Airport Commissioners along with Airport Manager Tom Maher and their Engineer, Jeff Adler came before the board and gave a presentation on their draft Master Plan.  The Master Plan will propose improvements for better air traffic patterns.  The airport will remain a “B2” category airport, and the pavement design will remain at 3” (Logan International has 18” of pavement).  Casey brought up the issue of Carver not being represented on the commission in view of the fact that a significant portion of the airport is located in Carver.  Commission members stated they had never given it any thought and it hadn’t been discussed.  Ward also stated that the Town has “no clout” with our concerns, as we are not represented.  Commission members stated we would have to put our request to the Plymouth Board of Selectmen, and stated that Carver’s opinion is very important to them.  Casey stated that Rich Gronberg, Carver’s advisory board member, has attended every meeting for the last two years and he found it surprising that the issue was not discussed as this has been brought up many times.  W. Morrison stated this will be brought up as an agenda item next month.  The final Master Plan will be completed in the spring.
 
A.D. Makepeace Land Donation:
Sarah Hewins came before the board on A.D. Makepeace’s donation of land.  This is part of a Conservation Subdivision and the Board has to accept the deed.  Motion by Ward, second by Casey to accept the deed.  Vote unanimous.
 
Redevelopment Authority MOU - 13 Everett Street:
William Sinclair came before the Board for approval of the MOU between the Town and the Redevelopment Authority.  The RDA would retain 5% of the proceeds of the sale as an administrative fee and the Town would receive 50% of the proceeds of the sale along with $26,750 in tax title fees to go to the General Fund.
 
Resident Brian Lauzon stated that it was his understanding bids were already accepted for the work at Buchman Park and the Grange Hall.  Sinclair stated bids were accepted and that CPA monies will be used to study the projects.
 
Motion by Ward to accept 13 Everett Street MOU, second by Casey.  A resident in the audience stated that he thought CPC monies could not be used for rehabbing a park.  LaFond stated there was never a park on the property and therefore qualifies.  Vote unanimous.
 
Historical Commission:
Motion by O’Donnell, second by Ward to appoint Russell Mazzilli to the Historical Commission.  Vote unanimous.
 
One Day Special License:
Motion by Casey, second by Ward to approve one day special license for the Friends of the COA for December 15, 2008 from 5 P.M. to 11 P.M.
Vote 3-0-1 (O’Donnell abstained)
 
STM Warrant Review:
LaFond explained the articles on the warrant
·        Article 1:  is the Arbitrator’s award on the Police Union Contract.   Motion by Ward, second by Casey to recommend.  Vote 3-0-1 (O’Donnell abstained).  Estimated cost will be $225,000 out of Free Cash.
·        Article 2 - is a transfer from the trash collection account to pay unpaid bills to the engineering firm overseeing the landfill monitoring required by DEP (FAM account).  Motion by Ward, second by O’Donnell to recommend.  Vote unanimous.
·        Article 3 - this will rescind Article 51 of 2008 that was to fund the capping of the landfill and we need to get the monies off of the Town’s books.  Motion by Ward, second by Casey to recommend.  Vote unanimous.
·        Article 4 - Quarterly tax billing to improve the cash flow for the Town.  Motion by Casey, second by Ward to recommend.  Vote unanimous.
·        Article 5 - Convey 21 Plymouth Street to the Carver Redevelopment Authority.  Motion by Ward, second by Casey to recommend.  Vote unanimous.
·        Article 6 - This will supplement the Clerical line item in the Treasurer/Tax Collector’s office to cover the anticipated absence of the Ass’t Tax Collector and extra help in April to calculate the 3% tax discount program.  Motion by Ward, second by Casey to recommend.  Vote Unanimous.
·        Article 7 - This will supplement the Veteran’s Ordinary Benefits line item.  Motion by O’Donnell, second by Casey to recommend.  Vote unanimous.
·        Article 8 - Petition Article to divert Chapter 62, 61A and 61B monies from the Conservation Fund into the Stabilization Fund.  O’Donnell stated at the time these tax rollback monies were voted to go to the Conservation Fund, there was no CPA funding and that was in lieu of the CPA.  Now that the Town has CPA funding it funds are best used in the Stabilization Fund.  Ward stated this is the fund where the Town got the funds for the down payment on the Cole property without having to hold a Town Meeting.  Resident Padovani stated it was her understanding that the Cole property got its funds from CPA.  Sarah Hewins explained the advantages of having the Conservation Fund for land purchases whereas CPA funding can take a significant amount of time to receive as well as the importance of protecting open space.  Presently there is approximately $200,000 in the fund.  Motion by Ward, second by Casey not to support article.  Vote:  3 yes, 1 no (O’Donnell).
 
Legal Services Committee:
The Chair tabled discussion until December 23, 2008 due to the fact that Mr. Johnson, Mr. Forrester and Mr. Grimes were not present.
 
Animal Shelter Agreement:
Motion by Ward, second by Casey to request renewal of agreement with the Town of Lakeville.  Vote unanimous.
 
 
MIIA Grant:
Motion by O’Donnell, second by Ward to accept grant of $4,200 from MIIA for the Fire Department.  Vote unanimous.
 
Minutes of October 14, 2008:
Motion by O’Donnell to table until the next meeting, second by Ward.  Vote unanimous.
 
Selectmen Notes:
Ward wanted to remember our troops over in Iraq and Afghanistan and wished everyone a Happy Thanksgiving.
 
O’Donnell asked for several updates from LaFond:
·        70 Forest Street that has been going on for over two years.  LaFond gave a brief update and stated the Town needed significant evidence that someone is violation of the law for an administrative search warrant.  Motion by O’Donnell that the Town might look into filing for contempt of court, second by Ward.  Vote unanimous.
·        Sedell’s was refused special permit by ZBA that they have appealed to Superior Court, and the court upheld the ZBA’s decision.  Sedell’s is seeking relief from the state’s appellate court. LaFond reported that the bulk of the legal case is behind us and that an appellate court appearance is generally a 10 minute oral summary.  O’Donnell made a motion to withdraw appeal. The legal ability for the Board to withdraw a ZBA appeal was questioned and O’Donnell withdrew his motion.
·        BATG - we are in the discovery phase.  Pre-trial conference in early Spring.  This is the last step before a jury trial.
·        Pontiff vs. Earth Removal Committee - Pontiff appealed the ERC decision in Superior Court.  The Town supplied briefs to the court; however no date is scheduled for that hearing.
 
O’Donnell stated he is still waiting for the salaries of all Town employees that he requested several months ago.  John Adams, Town Accountant, stated the original study was for a comparison of the Police Chief’s salary with the rest of the department, not a comparative study.  Adams stated he had not been formally asked for a comparative study.  O’Donnell asked for everyone to remember our troops serving around the world so we can celebrate the holidays in relative safety.
 
Angley wished everyone a Happy Thanksgiving, and shares O’Donnell’s sentiments.
 
Casey wished everyone a Happy Thanksgiving and reminded everyone of the Special Town Meeting on 12/9/08.
 
Town Administrator Notes:
The Town has talked to officials in Middleboro regarding the transfer of assets from the Middleboro Water District to the North Carver Water District and it went well.  Bouchard attended a regulators meeting sponsored by the ABCC.  She also met with our insurance account executive from MIIA to review the policies for the current fiscal year.  LaFond attending a Green Committee Forum and representatives from the DOER discussed the Green Communities Act.  He met with the new County Administrator, Troy Clarkson and Tom O’Brien, County Treasurer.  They talked about ideas on regional services.  LaFond also sent out budget memo to all departments telling them that the next fiscal year does not look good.  Town could be looking at a 12% cut in overall payroll next year that amounts to $400,000.  He will be setting up a meeting with the Finance Committee and School officials on the potential impact.  The Mazzilli Drive RFP is complete and will be advertised probably at the end of December.  There will be a five member selection committee to review the proposals and asked if any member of the Board would like to serve.
 
Motion by Casey, second by O’Donnell to adjourn at 10:20 P.M.