BOS Minutes of March 10, 2009
Present:  Selectmen Frank Casey, Mike O’Donnell, Dick Ward, Chair Jack Angley, Town Administrator Rick LaFond, and Office Assistant Diane Scully.
 
The Chair announced openings on the Finance Committee, IDC, Earth Removal Committee, and Historical Commission.
 
Affordable Housing Plan
Jack Hunter came before the Board with an amended Affordable Housing Plan.  The Board approved the plan 1 ½ months ago, and Jack submitted it to the State.  The State asked for changes, which Jack made.  The State now wants the Board to approve the amended plan.
Motion by Dick Ward; second by Frank Casey to accept the amended Affordable Housing Plan.  Vote unanimous.
 
North Carver Water Line Easements
Jack Hunter gave the Board a status of the easements that are necessary for the construction of the North Carver Water System.  Two of the three easements have been received, and he’s told the third one is in the mail.  If the third easement is received, Jack will be back in front of the Board in two weeks to have them accept the easements; if not received, he will be back to request authorization from the Board to start proceedings to take the easement by imminent domain.
 
Ben Ellis Agreement with Carver Redevelopment Authority (CRA)
Jack Hunter updated the Board on the Memorandum of Understanding between the Town and the CRA relating to the Ben Ellis School.  Conditions for the MOU were drafted by Will Sinclair, Jim Grimes, Bryan Lauzon, and Dick Ward and include:
conveying the property to the CRA for $1.00;
CRA will market and lease/rent/sell the property;
exterior improvements must be approved by the Carver Historic Commission;
property leases will be in the form of a “Triple Net Lease”;
leaseholder improvements must be approved by the lessor;
Town and CRA shall be named as additional insured;
Town shall incur all insurance expenses from time of conveyance until the property is rented or leased;
CRA shall be entitled to retain 10% of the gross lease per month as an administration and management fee;
remaining proceeds shall be returned to the Town on an annual basis at Town Meeting.

Rick LaFond cautioned that it may take some time to set up the appropriate mechanism to segregate the revenue.
Motion by Dick Ward, second by Mike O’Donnell to accept the Memorandum of Understanding.  Vote unanimous.  The draft MOU still requires review and approval by the CRA.
 
Reconvened Stepping Stones Hearing
At 7:15 p.m., the Chair reconvened the hearing for Stepping Stones Bar & Grill for their application for an all-alcoholic liquor license, as well as common victualler, auto amusement, and entertainment licenses.  Mary Brady and Lisa Svenson appeared before the Board representing Stepping Stones.
 
Since the 2/24/09 hearing, several members of the Board did a site visit to the proposed location.  Jack Angley stated they had a lengthy conversation with Mary and Lisa as to their goals.
Frank Casey said his concern when he asked for a site visit was that he couldn’t envision their renovation plans, but now he realizes they are basically straightening out the existing bar.
Dick Ward also visited and stated he tried to observe some of the neighbors concerns from the last hearing.  He felt it wasn’t an easy decision and stated he was still contemplating a little.
 
Mike O’Donnell said he was thoroughly familiar with the site and had reservations and concerns about the traffic flow.  However, Carver wants to invite businesses to the Town, and we don’t want to create a competitive disadvantage with the other businesses in Town.
 
Dick Ward said we talked previously about limiting the serving time, but didn’t feel the Board could make that decision when other establishments are allowed to stay open.
 
Jack Angley stated that it would be self-regulatory.  Though they may be licensed until 1:00 a.m., it doesn’t mean they will be open until 1:00 a.m.; business will dictate the hours.  He agreed with O’Donnell, but also agreed that the dance studio had legitimate concerns.  If it doesn’t work out, then the Board may have to look to make changes.
 
Mike O’Donnell stated if not self-policed, they will jump to the top of the radar with the Police Department.  Mary Brady said this is their livelihood; they would not take that risk.
 
Jack Angley mentioned that it is a condo, so they will need to jump through hoops for the condo association as well as for the Town.
 
Motion by Dick Ward, second by Frank Casey to issue proper licenses to Stepping Stones Bar & Grill, Inc. for ABCC license and for other permits as submitted, contingent upon Zoning Board approval.  Vote unanimous.
 
Reconvened VFW Hearing
Rick LaFond stated that the VFW hearing has been delayed until next meeting.  Discussions were held this week with the VFW which proved productive.  He and Chief Parker are doing some research, and the hearing should be back before them for the next meeting.
 
Designate the Town Administrator as Hearing Officer for Dog Complaints
(pursuant to MGL Ch 140 § 157)
Rick LaFond stated that this proposal was from him. He provided the Board with a Kopelman & Paige advisory regarding dog hearings which suggests designating a hearing officer who would do initial investigations and then respond to the Board with recommendations.  He stated this may allow for compromises being reached before it’s brought to the Board.  Also, many don’t want to go through a public hearing, and changing the process may make it less intimidating and possibly less heated.
Motion by Frank Casey, second by Dick Ward to designate the Town Administrator as Hearing Officer for dog complaints.  Vote unanimous. 
Dick Ward commented that it’s already almost in place as Rick generally does some initial investigations.  Jack Angley thanked Rick for volunteering his services.
 
Fire Department Grant:  2009 Makepeace Neighborhood Fund
Rick LaFond explained that the Fire Department is seeking a $10,000 grant from Makepeace for the purchase of five Automatic External Defibrillators.  As with past grant applications, Chief Weston is requesting pre-approval from the Board, though this grant will not require a Town match.
Motion by Dick Ward, second by Mike O’Donnell to accept the Makepeace grant.  Vote unanimous.
 
One Day Special License Requests
The Board decided to vote on both licenses together:  Lions’ Club Mothers’ Day Breakfast on May 16th and Friends of the COA St. Patrick’s Day Dinner on March 17th.
Mike O’Donnell declared that he was a member of the Lions’ Club.
Motion by Dick Ward, second by Mike O’Donnell to approve both one day special license requests.  Vote unanimous.
 
Fishing Tournament Request – Plymouth Rock Bassmasters
The Plymouth Rock Bassmasters requested permission to hold a fishing tournament on Sampson Pond on Friday, June 19, 2009, from 7:00 a.m. to 3:00 p.m. Mike O’Donnell stated that we have a couple of these requests each year, and there’s never been a problem.
Motion by Dick Ward, second by Mike O’Donnell to grant permission for the fishing tournament.  Vote unanimous.
 
Minutes of February 10, 2009
Motion by Mike O’Donnell, second by Dick Ward to accept the Selectmen’s minutes of February 10, 2009.  Vote unanimous.
 
Selectmen Notes
Dick Ward mentioned that today was Agricultural Day at the State House.  Several local farmers from town were there to emphasize to the legislators the need to preserve agricultural land and the need to grow and buy locally.
 
Mike O’Donnell wanted to remind everyone about the COA St. Patrick’s Day Dinner on March 17th; usually a very good take and a good opportunity to get together with friends and neighbors.  He wished everyone a happy and safe St. Patrick’s Day and asked God to bless our troops serving around the world, the residents of Carver, and the USA.
 
Frank Casey had none.
 
Jack Angley stated he would have been at Agricultural Day, but Police Union negotiations took precedent.  He wanted to echo Mike’s remarks about the servicemen and wish everyone a happy St. Patrick’s Day.
 
Town Administrator Notes
At Jack Hunter’s request, Rick LaFond announced there would be a Community Forum tomorrow night, Wednesday, March 11th  at 7 p.m. regarding the Historic Preservation Plan.
 
At the Gateway Health Group’s Board of Directors’ meeting in February, they learned the rates continue to be trending better than anticipated; a mid to low single-digit increase is expected in health insurance.
 
On March 2nd, sub-bids for the No. Carver Water System were opened relating to masonry, plumbing, etc.  The general contractor bids are due to be opened on March 16th.
 
Met with clerical association to discuss the Town’s fiscal situation and how we can hopefully move forward next year under these conditions.
 
Began meeting today with the Police Union regarding a successor agreement.  Moving slowly, but with a good tone.  Everyone is cognizant of the situation we are dealing with.
 
Community Preservation Committee is working with the Town to purchase Bowman point property on Sampson Pond owned by the Davison family.  It’s premature at this point, but there’s a lot of potential there.  May be an opportunity to combine passive active recreation with preservation of habitat and access to the pond.
 
Jack Hunter, Dick Ward, and Rick LaFond will be meeting with Senator Pacheco in Boston tomorrow primarily on the status of the Town in regards to the stimulus list, our projects, and the importance of them.  The North Carver Water System is our number one project, at least under the non-school infrastructure of the stimulus plan.  Want to be sure the Senator keeps us on the radar.  Other issues included the March 12th meeting with Mass. Highway regarding the plan of the Water District to put up solar panels on Route 44.
 
We received news of a $100,000 grant from the EPA in the form of a Brownfield’s assessment grant for an environmental analysis of the Whitworth property.  The contamination by the Air Force is well documented, but there may be potential issues with whatever else is under ground.  Rick extended congratulations to Jack Hunter for being aggressive in pursuing this grant; it will help both the Town and any potential suitors for that property.
 
Rick took the opportunity to recognize a colleague who had passed away.  Dennis Rindone was the Town Administrator in Princeton; he was 63 years old and considered an expert on veterans’ affairs as well as a Vietnam veteran.  His hobby was cataloging every veterans’ memorial in the state, and he had set up a website with the information he accumulated.  Rick stated that Mr. Rindone deserved recognition for his service.
 
Dick Ward then stated we need to be a little more of a squeaky wheel in regards to the stimulus money.  Rick LaFond thanked Dick for the many phone calls he’d made over the last week on the issue.
 
Frank Casey wanted to note Jean Bouchard’s recovery.  He wished her a speedy recovery and hoped to see her back in the office soon. 
 
7:45 p.m. Library Budget
Scott McCaig, FinCom Chair, and Judy Fitzgerald, FinCom member joined the BOS.
Carole Julius presented the budget for the library.  To meet a level funded budget (actually about 1% under), the library planned to make the following reductions:
eliminate a 15 hr. aide in the Children’s Room;
close at 4:00 p.m. on Thursday;
reduce hours for a part time reference librarian (currently paid with state aid money, but anticipate that money will need to be reassigned);
will need to significantly reduce magazine and newspaper subscriptions;
ValueLine & Morningstar service may be eliminated; these are fairly expensive database subscriptions offering information on stock markets, mutual funds, etc.

State aid this year will be $17K rather than the $18K anticipated.
Carole stated when things get tough, people use the public library.  Books are up, magazines are up, and the increase in people using their computers is unbelievable.  Also, in an effort to be more green, she and the staff have been turning out lights wherever possible which resulted in a 12-15% decrease in usage over last year.
 
Scott McCaig commended John Adams’ office for breaking down the utility bills to track usage by building and produce comparisons year over year.  Rick LaFond also thanked Matt Gillis, the “utility guru” who for his efforts in obtaining the best rates possible. LaFond noted that the Town and School work together and with regional consortium’s to increase purchasing power.
 
8:00 p.m. School Budget
Joining the BOS and FinCom were School Committee Members Mary Kaminski, Paula Kibbe, Barry Stuski, Chair Kay Spencer, Superintendent Liz Sorrell and Business Manager Matt Gillis.
 
Kay Spencer stated that the School Committee’s job is to present a fiscally and educationally sound budget to the Town as best they can.  The Committee is requesting the Board consider an override question for the ballot this year.  They all realize it’s the worst of economic times to put forth such a request.  However, after hours of deliberation, they feel it should be up to the citizens of Carver to have the choice on how their schools and other Town services will look in the near future.  The Committee feels by not making this request, they will not have exercised due diligence in the mission to the Carver Public Schools.
 
Liz Sorrell and Matt Gillis presented the school’s level service budget first.  The FY10 budget request is $21, 749,218 which is a 3.56% total budget increase over FY09.  Chapter 70 aid has been level funded at $10,319,108.  If the school budget is level service and the state aid is level funded, the net increase to the local taxpayers is $746,740 or 7% from FY09.  Anything less than level service will accelerate the loss of capacity to serve the students of Carver.
 
Formal letters have been sent to the teachers’ union and all other employee groups asking for negotiations to be opened.
 
If the school has to meet the 1.6% cut, $504,393 is proposed to be cut from DOE certified staff, $259,161 from non-certified staff, and $102,000 from school supplies for a total of $865,554.
 
Liz Sorrell’s hope is to get back to level service to save the school system we currently have, not to replace anything already lost.  She’s not looking for a year plan, but a long term plan.
 
Rick LaFond stated that every year the school comes in with a plan to meet the bottom line, and he commended them for working within the funds available each year.  In his 20 years in the business, this was as good a presentation as he’s seen done by a school.
 
Budget and Ballot Override Discussion
The Chair asked the Board for comments.
 
Dick Ward stated it’s an almost impossible situation; if we put a Prop 2 ½ , he didn’t know if he would vote for it or not.  People tell him even in hardship, they’re willing to pay for their children’s education.  However, he’s retired, and as a cranberry grower his taxes would probably go up by $1,000.  He’s been of the feeling that people out there ought to have a chance to decide.  On the other hand, if we put it on, and it gets bombed, if we need it next year, where are we?  Still trying to decide to put it on the ballot, or not.
 
Frank Casey felt similar to Dick; hates watching what’s happening to the school system.  He could support putting it on the ballot and letting the people decide.  Scared to death of some of the numbers he’s seeing; doesn’t think sitting in one of these chairs constitutes enough reason to preclude it from being put on the ballot.
 
Mike O’Donnell stated he has a child in school and is very concerned about the school system, but would rather know what’s coming in the stimulus package.  It gives us a least a year to develop a long range plan for the school.  He said he’s inclined to hold off until next year to have facts and figures in front of us and spend the next year developing a plan to present to the voters.
 
Jack Angley agreed with Mike.  At last night’s meeting in Executive Session, they discussed the status of negotiations with the town’s unions. Anything we say or do is sending a message at the wrong time in a bargaining process.  He commended Liz Sorrell, Matt Gillis, and the School Committee for giving the Board what they think they’re supposed to for the taxpayers and children in Town.  With the hurt out there of losing jobs or hours, to ask citizens to come up with additional costs without having a plan in place, is unfair.  Until we know what we can do with negotiations, he does not want it on the ballot.  Feels we should take time that we have to come up with a long range plan to fund the schools.
 
Paula Kibbe, as a resident, would be a bit resentful if it wasn’t on the ballot because people want the opportunity to let their voice be heard.   She asked help in understanding if it won’t pass this year, why would it pass next year?
 
Jack Angley answered that time would create better rational and that we don’t even have the attention of the public yet.  It’s about organization; it’s pulling it all together.  It’s too disjointed; not enough time to make people aware.
 
Scott McCaig stated it’s his fiscal responsibility to Rick LaFond and the school to report when he can back an override.  There’s no clarity; he wants to do it right; he wants seniors, cranberry growers, everyone to be able to support it.  Need time to put together a plan that’s viable so we can all back it.  Not prudent to do it now; he won’t do this wrong.
 
Judy Fitzgerald stated she’s a senior and came from a long line of teachers.  Seniors say they can’t afford a Prop 2 ½; she wants to see the figures; doesn’t want to see people suffer.  Let’s hold off; let’s have a good plan.
 
Mary Kaminski understood folks’ concern.  Liz and Matt did an excellent job presenting the numbers, so she doesn’t understand what they’re missing.  She didn’t think the Board and FinCom understood the devastation of the cuts - talking about 19 positions being cut.  Carver will start to get a rep for being a lousy school system.  She’d be disappointed if we didn’t allow the Town to make the decision; feels it’s a huge mistake to let this go another year.
 
Jack Angley stated we don’t have time between now and the election to sell this; need to sell it throughout the whole year; need to get the population buzzing.  Don’t want to deny people the right to vote it, but feels we need a structured program.
 
Kay Spencer asked if the Board had any other questions for the School Committee.  She also encouraged people to attend their meetings and be involved in their budget process which they begin in December each year.
 
The Board commended Liz, Matt and the School Committee for a job well done and extended their appreciation.
 
Rick LaFond said if the Board is inclined to put a question on the ballot, they need to decide what budget figure they want to use.  He stated there were two suggestions for Town and School level service budgets:  $1.9M for FY10 only (assumes COLA’s); and $2.5M for a 2-3 year scenario (assumes COLA’s, but it becomes three years if we get enough concessions).
 
Dick Ward made a motion for a $1.9M budget override for FY2010 for level services.  He stated he wants to give people a chance to make a decision, or at least express themselves.  Frank Casey seconded for discussion.
 
Dick Ward stated for us to look for unanimous support for a Prop 2 ½ override in the future, it’s not going to happen.  With the economy and the state, to get exact numbers, we’re going to have to adjust and readjust all the way down the road.
 
Jack Angley questioned at what point will concessions by union play into it. The problem is the timing; we have to decide tonight in order to make the ballot deadline.
 
Scott McCaig stated Dick’s comments are valid, but it doesn’t justify to put it on the ballot, if you know it’s going to fail.  He wants to prepare our Town for an override the right way.
 
Barry Struski stated the people of the Town deserve to have the option.  If we don’t put it on the ballot, it won’t pass; if we do, it has a chance.  He wants his fellow citizens to have an option; he has faith and confidence in the administration and the school committee to get the message out.
 
Rick LaFond said some have discussed that one of the problems is timing.  A standard approach in many towns is to go to Town Meeting with a budget assuming an override, another without.  If you look at that as an option, a Special Election would need to be held if it passes, however from a business point of view, it would be difficult for the school in planning for next year.  Rick felt it was next to impossible to get people to pay attention within the next five weeks.  If the Board looked at this as an option, they would effectively be letting Town Meeting make the decision as to whether or not to put in on the ballot for a special election.
 
Jack Angley wants the issue brought continuously during the next year.  He noted that many 2 ½ override questions have failed of late.  That’s his major concern.  No matter how well we sell it, if it goes down in failure, it doesn’t help anyone.  It’ll have consequences for next year.  He feels the School Committee has done a great job; it’s clear there’s no fat. 
 
Dick Ward moved the question.  The vote was 2 in favor (Casey, Ward); 2 against (Angley, O’Donnell).  The motion failed.
 
Dick Ward motioned to adjourn at 10:55 p.m.; Mike O’Donnell seconded.  Vote unanimous.
 
 
Respectfully submitted,
 
Diane Scully, Office Assistant