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Present: Selectmen Angley, Ward, O’Donnell, Hewins, Chairman Casey, Town Administrator LaFond and A.T.A. Bouchard.
The Chair announced the openings on the various committees, boards and commissions, and also announced that the Council on Aging is having a chicken dinner on May 23rd at the Nutrition Center.
Legal Services Committee:
Paul Johnson stated committee is interested in the status of the RFP process and wants to push it along. Casey expressed his concern that Hewins may not have had sufficient time to review document. Hewins questioned items that need clarification. RFP should not define departments and should include all rather than five or six and should not be exclusive. On Page 15 of the document “Superior Court” was not listed with the experience the firm must have. On page 16 it is a limiting list on municipal expertise and stated it should state “including but not limited to”. Johnson requested comments in writing and further stated committee would be happy to consider addendums. Hewins suggested “firms must be familiar with Mass. General Laws” than
listing specific sections. O’Donnell stated that on page 1 it already says all departments. Hewins stated there are also “commissions” in addition to boards and committees. Johnson referred to the screening committee on page 7, and feels we should nominate members of the committee tonight.
Ward does not want to deal with issue in next couple of weeks due to Town Meeting. Motion by Ward to accept Legal Services RFP with corrections with the time schedule to be acted on after town meeting, O’Donnell second. Hewins amended motion that final RFP goes through Town Administrator as he is Chief Procurement Officer. Ward commented that is what he had in mind. Johnson stated that this had been done before, and does not want it to drag on and that they have worked on it for 18 months. He wants process started now. O’Donnell suggested endorse Ward’s motion with amendment that in the process we solicit applications for screening committee. Johnson stated RFP states three members of legal services committee, two selectmen and Town Administrator is makeup of
committee. They will select five firms to be interviewed by the Board. Casey stated number of concerns of the Board: Board is giving up control of RFP and he is not willing to do that and Mr. LaFond is Chief Procurement Officer and it is his responsibility. Casey wants the process turned over to LaFond and the Board. He further stated committee has done a great job and know their intentions are good, but the Board works directly with Counsel and he is not willing to give up that control. Johnson stated this is not acceptable to him, and the committee should have been told in the beginning. Casey stated you cannot have factions in RFP process. Johnson again stated that is unacceptable and the committee has asked for things to be done and they have not. O’Donnell does not think Board is relinquishing control. Hewins stated once again that the Town Administrator is Chief Procurement Officer and does not understand the need for
a committee and concurs with Casey. Initial review of respondents should go to Town Administrator and he should appoint a committee if he wants. O’Donnell questioned whether Board is disallowing citizen participation kicking them to the curb now. Fitzgerald stated they are asking for a fair screening committee to go over what comes in from law firms and they have worked on this for over a year is unfair to not be participating. Johnson told Casey they already relinquished control and he is stalling. Fitzgerald also does not accept. Ward not bothered by Screening Committee but only two members of LSC, two Selectmen and T.A. Fitzgerald suggested three Selectmen, three members LSC and Town Administrator. Angley stated that the RFP should be sent out by T.A., and responses would come to him as Chief Procurement Officer. He is not against a committee, but wants to see odd number on committee. LaFond stated that initial
screenings are done in Executive Session, however it depends on response to RFP whether this is needed. The only time when it becomes a public process is when Board interviews finalists for the position. Angley stated that during discussion stage that LaFond would counsel the committee regarding the process. O’Donnell does not have a problem with odd number on committee. Ward stated RFP has the committee defined in it. LaFond stated that can be eliminated. Forrester stated that this has been in RFP the whole time and questioned why now it is being questioned. He stated he thinks Board wants to eliminate the committee. Casey stated that is not what he stated and that the Board has a number of concerns with the original RFP. Forrester stated committee has made concessions. LaFond stated he had some concerns that have not been addressed. Johnson suggested taking names of respondents off of all RFPs to
make it blind. This is the only way he will accept a committee of 3/3 and T.A. Hewins stated she wanted to continue discussion among Board members as it is a business discussion and wants to hear from Ward and LaFond.
Ward stated one thing he wanted to do was thank the LSC for their time and believes something positive will come of it. The Board is ultimately responsible and they feel uneasy and have some questions on the RFP. He thought timing would be the Spring or Summer after Town Meeting and would go ahead with the process. He stated that he does not want it stuffed down their throat, and we have a lot that Board is doing now and wants the T.A. to be major part of the RFP. Wants two members of LSC and two Selectmen and T.A. - or three LSC members, three Selectmen and T.A. LaFond stated from procurement standpoint whether as an individual or committee his role is to “push the paper” and coordinate how qualified respondents are going to be ranked and provide list to the awarding
authority. The Selectmen are the awarding authority. How finalists get to Board he cannot solve for the Board, whether it be him or a committee. He thinks that if a committee is created that a five member committee is a good number. Ward asked the LSC what is the problem with two members of the LSC. Johnson stated he still wants six members because the LSC has done most of the work and are most familiar with the RFP. They have earned a spot on the committee. Resident B. Lauzon asked to be recognized and Casey did not give permission as this is a business meeting and the Board has a lot of business to go through. Angley agreed with Ward. Hewins asked whose decision this was the Board of LSC? Casey stated it rests with the Board. Hewins concurs with Ward. Ward would be willing to have 3/3 and T.A. Hewins might want to amend motion to take under advisement. LaFond suggested that the RFP could contain
that the Board of Selectmen shall provide for a screening committee that will evaluate all timely submitted proposals and select five finalists for consideration to the Board of Selectmen and further suggested original motion to accept RFP with revisions and schedule process after Town Meetings are done and changes would have to go in place as amended. Johnson stated will not accept motion unless blind proposals. He further stated person opening proposals cannot be on committee due to unfair advantage and suggested the Town Clerk receive applications. Ward stated that he is not comfortable with blind proposals. O’Donnell asked, once changes when will RFP be sent out. Motion by Ward to accept Legal Services revised RFP and the Selectmen shall provide for a screening committee, and the time schedule enacted after Town Meeting in June, second by Angley. Vote unanimous.
Special Town Meeting Warrant:
Article #
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Description
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Vote
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1
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Brownfields Grant local share
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m -O’Donnell, S Ward to postpone until June. Vote unanimous
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2
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Memorial Day Parade Police Security
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Withdraw and combine with 5
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3
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Discounts on Taxes Petition to amend Chap. 59; Section58
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no action
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4
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Cole Water System Dev. – increase spending
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m - O’Donnell, S Ward approve. Vote unanimous
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5
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Budget Line Item Transfers
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m - O’Donnell, S Ward postpone until June. Vote unanimous
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6
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N. Carver Landfill FAM – transfer $35,000 from BOH trash collection fees
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m - O’Donnell, S Ward postpone until June. Vote unanimous
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Annual Town Meeting Warrant:
Article #
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Description
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Vote
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1 through 27
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money articles
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defer to June
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28
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BOH Intermunicipal Agreement - Municipal Aid
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m - Ward, S O’Donnell. Vote unanimous
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29
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Acceptance of 13 Deeds for Conservation
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Hewins recused. m - Ward, S O’Donnell. Vote 4-0
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30
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Transfer 11 parcels from Tax Possession to Conservation
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Hewins recused. m -Ward, S O’Donnell. Vote 4-0
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31
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Transfer 12 parcels from Town to Conservation
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Hewins recused. m - Ward, S Angley. Vote 4-0
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32
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Transfer 2 parcels from Tax Possession to Conservation Commission
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Hewins recused. m -Ward, S Angley. Vote 4-0
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33
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Petition Legislature to amend Chapter 59, Section 58 for discount on taxes
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No action
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34
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Transfer properties to Redevelopment Authority
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m - O’Donnell, S Angley. Vote unanimous
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35
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General By-Law – Public consumption or use of marijuana
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O’Donnell recused. m - Ward, S Hewins. Vote 4-0
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36
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Earth Removal By-Law Amendment
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m - Angley, S O’Donnell. Vote unanimous
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37
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Removal of Ice & Snow
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Table - m -Ward, S Angley. Vote unanimous
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38
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Private Water Supply Systems
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m - Ward, S O’Donnell. Vote 4-0 (Angley absent for vote)
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39
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Excise Tax on Private Water Supply Systems
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Angley returned. m - O’Donnell, S Ward as amended in the Town of Carver. Vote unanimous
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40
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Affordable Housing Trust Fund
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m - O’Donnell, S Hewins. Vote unanimous
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41
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Wetland By-law Fees RDA
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Defer to June
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42
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Wetland By-law Fees NOI
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Defer to June
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43
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Special Permits – 5300
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m - Angley, S O’Donnell to withdraw. Vote 4-0 (Ward absent for vote)
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44
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Associate Member Planning Board
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m - Angley, S Ward. Vote unanimous
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45
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Zoning By-Law Section 2245 Accessory Structures
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m - O’Donnell, S Ward. Vote unanimous
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46
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Rezoning Parcels
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m - O’Donnell, S Angley. Vote unanimous
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47
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Amend Table of Parking Requirements
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m - Angley, S Ward. Vote unanimous
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48
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Amend Principal Use Table
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As amended for self storage not be allowed in HC - m - O’Donnell, S Angley . Vote unanimous
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49
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Amend TDR Zoning By-law
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As amended m - Angley, S Hewins. Vote unanimous
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50
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Amend Article II, Section 3850 of Zoning By-laws
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m - Ward, S Angley. Vote unanimous
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51
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Inclusionary Zoning By-law
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m - Ward, S O’Donnell. Vote unanimous
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52
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Amend Site Plan Review – 3100
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m - Ward, S Hewins. Vote unanimous
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53
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Amend Wind Energy Facility Zoning By-Law – Section 3650
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m - Ward, S Hewins. Vote unanimous
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Angley left meeting at 9:10 P.M.
54
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Zoning By-Law – Floodplain District
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m - Ward, S Hewins. Vote unanimous.
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55
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Zoning By-Law – Recreational Campgrounds
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Withdrawn
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56
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Zoning By-Law – Amend Definitions
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Withdrawn
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57
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Petition Article Womansplace Crisis Center
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Defer to June
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58
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Petition Article - South Coastal Counties Legal Services
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Defer to June
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59
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Petition Article – South Shore Women’s Resource Center
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Defer to June
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60
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Petition Article – SSCAC
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Defer to June
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61
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Petition Article – Plymouth Area Coalition for the Homeless
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Defer to June
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Minutes of 2-24-09; 4-14-09 and 4-28-09:
Motion by Ward, second by O’Donnell to approve minutes of 2-24-09 as written. Vote unanimous.
Ward stated date of Farmer’s Market should be changed to June 15th on the 4-14-09 minutes.
Motion by Ward, second by O’Donnell to approve minutes of 4-28-09 as written. Vote unanimous.
Selectmen Notes:
Hewins requested that during working hours she will deal with Conservation Commission matters and not Selectmen’s issues.
O’Donnell stated it was National Law Enforcement Day on May 15th and asked everyone to remember our troops serving overseas.
Ward reminded everyone of the Ride for Athena. Also the Lakenham Green Committee is having a clean-up day on Sunday. There is also a scholarship breakfast at the Sportsmen’s Club on Saturday.
Casey stated the Lakenham Green Master Plan Meeting is scheduled for May 21st. Also the COA is having a chicken dinner fundraiser on May 23rd. Casey also read a Proclamation for National Police Week. Motion by Ward to support resolve, second by Hewins. Vote unanimous.
Town Administrator Notes:
LaFond stated that there was a failure to elect a member of the DPW Commission and Housing Authority at the recent town election and suggested that the board call for applicants for appointment.
Motion by Ward second by Hewins to set a May 31st deadline for DPW and Housing Authority applications. Vote unanimous.
LaFond reported that the Carver Police Department received a Heroe’s award from MADD. Carver’s Police Department was the only department recognized in the state for this award.
Executive Session:
Motion by O’Donnell, second by Hewins to convene Executive Session under M.G.L. Chapter 29, Section 23 for the purposes of non-union negotiation, collective bargaining and pending litigation. Roll call vote taken - Yes: Angley, Hewins, O’Donnell and Casey.
Jean M. Bouchard
Assistant to Town Administrator
Town of Carver
108 Main Street
Carver, MA 02330
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