Minutes of 5-26-09
Present:  Selectmen Jack Angley, Dick Ward, Mike O’Donnell, Sarah Hewins, Chairman Frank Casey, Town Administrator Rick LaFond and A.T.A. Jean Bouchard.
 
The Chair announced the openings on the various committees, boards and commissions.   
 
Request to use Shurtleff Park – Church of the Vine:
Gina Rush of the Church of the Vine came before the Board regarding a Family Fun Day that they would like to have for the community at Shurtleff Park on June 20th from 11 A.M. to 3 P.M.  Casey asked if she had spoken to Bouchard regarding paperwork the Town requires.  Rush stated she had spoken with her regarding insurance issues and they have a liability waiver from the Church’s insurance company and knows the clean up is their responsibility.  Casey stated his only other concern is if a police detail is needed for public safety.  Motion by Ward to grant permission, second by Angley.  Casey amended motion to include requirement that they speak to the Police Chief.  Vote unanimous.
 
61A Land Transfer – Lot 12-3 Wareham Street:
Hewins stated lot is Form A being carved out for a family member.  Motion by Hewins not to exercise option, second by Angley.  Vote unanimous.
 
Appointments:
Old Colony Elderly Services Appointments:  
Motion by Ward to appoint Judy Murphy, Delegate, and Bernadette Hemingway as an Alternate.  Seconded by Hewins.  Vote unanimous.
 
Lakenham Green Preservation Committee: Motion by Ward, second by Angley to appoint Aaron Smith to the Committee.   Vote unanimous.
 
Fire Department Grant Acceptance – Dorinne Merritt Fund:
Donna Merritt Cohen and Reverend Robert Merritt came before the Board to present a gift of $3,850 to the Fire Department.  Cohen thanked all the sponsors of the race.  There were 600 runners this year and they raised $6,000 just from registration.  The gift will be used to purchase much needed equipment at the Fire Training Facility.  Motion by Ward, second by O’Donnell to accept gift.  Vote unanimous.
 
Chief Weston:
Chief Weston stated he wanted to thank three individuals on behalf of the department: Roger Shores, Eric Weston and Garrett Walsh. Shores is a former firefighter who helped train 200 firefighters by teaching a chain saw class at a brush fire drill.  This is the second time he has done this.  The Department presented him with a gift of a Town Seal Plaque.  Next he wanted to recognize both Lt. Eric Weston and former firefighter Garrett Walsh for creating a new map book for the Carver Fire Department. This project started in 2006 and was an 18 month project. The map books were created in-house for approximately $20 apiece.  The Fire Department wants to express their sincere appreciation to both individuals.
 
Constable Appointment:
Motion to appoint Police Chief Arthur Parker a constable for 3 year term, second Angley.  Vote 3-0-1.
 
Legal Services Committee:
Paul Johnson, Judy Fitzgerald and Rod Forrester of the Legal Services Committee were present.  Casey stated that he requested their presence due to confusion at the last meeting regarding the Screening Committee.  The first time Casey heard of that was at the last meeting, and it was not in his previous versions of the RFP.  He also stated other Board members had questions.  Ward stated to Johnson that he had looked through first RFP, the one in the fall that was discussed in December, and went to the LSC’s first meeting in January regarding that RFP.  He looked at it and did not remember anything about a Screening Committee, as well as nothing in original version.  Then he looked at revised RFP of 1-28-09 and there is no particular language on screening committee in that version.  In the March 28, 2009 version is where he saw screening committee section.  The screening committee was a point of contention with him and that is why he was uncomfortable with the outcome of the last meeting. He presented the a motion to ask Town Administrator to provide the Board a final RFP and proposed timetable to interview prospective candidates for Town Counsel, second by Hewins.  Johnson stated first came up with screening committee between 1-28-09 and 2-11-09 and asked why do you now want the Town Administrator to come up with a final version.  He also questioned why is board is doing the final RFP rather than Legal Services Committee?  Ward stated he is not comfortable with some things in the RFP and that it should be changed.  This is RFP should go to the Town Administrator and he will do the final RFP.   Johnson stated any changes should be done by LSC.  They have asked for Hewins input and have not received it.  Committee wants to move it through.  Hewins stated her understanding is if RFP is approved that it is the Board’s decision and selection belongs to Selectmen. Hewins seconded Ward’s motion.  Fitzgerald stated there was a meeting scheduled for December 29th that LaFond, Angley and Ward were notified about and LaFond did not have courtesy to respond or ask for it to be delayed.  Fitzgerald stated that they incorporated changes suggested by Ward and Angley and then heard from the Town Administrator and felt some suggestions were not relevant or necessary.  She finds it distressing to take it away from them, and further stated that Hewins never responded in writing to Johnson’s request.  She had spoken to an attorney at the IGs office to ask if LaFond is a “Certified” Procurement Officer, and the answer she received is that the only “certified” procurement officer is Franey.  LaFond stated she could have just asked him, and further stated he made lengthy comments about RFP and expressed his concern that Fitzgerald did not consider them relevant.  He does not believe that the LSC took him seriously.  Johnson replied that he is not entitled to 100% approval of what we do, and for the committee to be cut out of process is not right.  Casey asked Johnson if there had been any discussion with the Board about the screening committee and blind proposals.  Casey stated at the last meeting a member of the LSC had stated it had been there since the beginning.  Johnson denied that statement, however Casey stated it was on tape.  Forrester then stated that he had probably made that statement.   Johnson stated it was in the 2-11-09 version.  Mr. Casey then referred to the Selectmen’s 12-16-08  minutes and comments.  Johnson replied he won’t sit here and defend everything committee has done to the Board.    Ward stated that the Selectmen are going to be responsible for the process and the choice of Town Counsel.  Johnson asked if that eliminated the screening committee.  Ward does not see need for screening committee. The Board will sit down with the T.A. and open RFPs and he doubts there will be many more firms that qualify than they were going to interview.  Board will pick the five to interview.  He told Johnson that he suggested a screening committee including members of the LSC but that Johnson wanted more LSC participation.  Ward said Board is going to take care of process because we are responsible on costs, not the LSC.   Johnson replied that the Board has dragged their feet since 2007 and LSC has asked for nothing but to present good RFP and now you are motioning to take us out of process.  Vote 4-1 (O’Donnell opposed).  Motion by Hewins to thank committee for their work and move to disband LSC, second by Ward.  Vote 4-1 (O’Donnell opposed).
 
One Day Special Licenses – St. John’s Club
Motion by Ward to grant two One Day Special All Alcoholic Licenses for June 23rd and June 24th to St. John’s Club, second by Angley.  Vote 4-0-1 (O’Donnell abstained).
Health Insurance Co-Pays for Non-Union and Retired Employees: 
Hewins recused herself and left the meeting room.  LaFond stated that issue is on Health Insurance co-pays and wage freezes.  Gateway Health Group has adopted an alternate co-pay schedule plan.  The difference will save the Town 6% to 8% in premium savings.  He stated this will help to avoid some cutbacks.   We are at a point that we may be able to implement this July 1st .  Negotiations with union employees have been positive.  He is recommending the Board freeze the Wage and Classification Plan and implement the new Health Insurance co-pays for non-union employees and retirees.   O’Donnell asked what happens if unions do not agree.  LaFond stated that two unions have indicated that they will support and if not agreed to it will hurt Town’s financial position next year and we will have to look at other reductions. O’Donnell asked if it is all or none.  LaFond replied that the non-school can gravitate even if school department does not.  They are still working to achieve the change. If they don’t, further cuts will have to be made in the school department.  O’Donnell asked if unions are not on Board can it be done.  LaFond stated it cannot be done, but it can be revisited.   Motion by Ward to freeze Wage and Classification Plan, second Angley.  Vote unanimous.  Motion by Ward to have co-pay structure implemented for 2010.  O’Donnell asked if the motion should be dependent on all parties agreeing.  LaFond stated issue is timing and we need to take the lead a little bit and non-union personnel have been willing to do this. If it is not done tonight that it would need to be done very soon because of the administrative requirements necessary to change plan structure. O’Donnell stated that he had no problem with a special meeting.  LaFond stated July premiums are paid in June.  Angley suggested to go forward in order to show that the Town is serious and it is time to do this in these challenging financial times    Motion seconded by Angley.    Vote 3-0-1 (O’Donnell abstained).
 
Budget Transfers:
John Adams explained the line item budget transfers have already been approved by the Finance Committee.  Motion by Angley, second by Ward to approve.  Vote 3-0-1 (O’Donnell abstained).
 
Hewins returned and wanted it noted in the record that Johnson made comments to her that she found threatening. She suggested that the Board consider sanctioning Johnson.  Johnson tried to respond from the audience while Hewins was speaking and Casey gaveled him twice.  Hewins further stated she felt she needed to address this issue and felt it should be public and that it was totally inappropriate.    Johnson asked to respond to Hewins statement and Casey allowed a brief statement.  Johnson stated he was tired of defending things and that the committee had been disrespected and that they have worked on this since 2007 and that his statement to Hewins was “do it right because we are watching you.” Johnson also stated by disrespecting the committee you don’t get to do that without consequences and what the board did tonight was wrong.
 
Financial Update:
LaFond stated he is attending a MMA fiscal policy meeting this week.  As figures are in flux he suggests the Board get together next week primarily to discuss the budget. The town is in the situation of having to decide which version of budget to move forward with.  Right now go we are going forward with house and governors budget. The Town is trying to avoid cuts that will affect resident’s access to Town services.   The Chair called for a five minute recess.
 
Casey reconvened meeting at 8:25 p.m. 
 
Selectmen’s Notes:
Angley had no comments.
 
Hewins stated she plans on going to new Selectmen’s training on June 13 that is being sponsored by MMA.   Motion by Hewins for the Board’s support and to have the staff research a municipal recycling program, second by Ward.    LaFond stated that he and Hewins had talked about this in past, however we do not have the financial incentive to do that in Town due to the fact we do not pay for that additional waste.  It does make it difficult to get people attention and needs a bit of innovation and suggested we get Rob Tinkham involved.  Vote unanimous.
 
O’Donnell commented on RFP from LSC.  He stated that we had tasked individuals a long time ago to come up with a proposal and is concerned it discourages residents from participating in Town government.  He believes what happened this evening is a travesty and that the Board tonight tore apart a democratic process.  He also asked residents to keep service men and women in your thoughts and prayers.
 
Ward commended Chairman Casey for his inspirational speech on Memorial Day.  He was sure there are many veterans that could relate to Casey’s experiences.  The Board would like to thank veterans for their service to this country.
 
Casey proposed June 1st to discuss budget and articles at 7 P.M.  A consensus could not be reached due to members conflicts. LaFond stated Bouchard would see what can be scheduled.  Casey stated he has a conflict with daytime meetings.  O’Donnell stated he has a conflict until Friday and if the Board has to meet without him it has to be done.
 
Town Administrator Notes:
LaFond informed the Board they need to meet briefly in Executive session on pending litigation on a non-labor issue.  He also stated that the RDA is closing this week on 21 Plymouth Street and Town will receive $180,000 sometime in July.  We will probably use these funds for snow removal overdrafts.  In the past we have had to take them out of the stabilization fund.
 
Motion to go into Executive Session under chapter 39, section 23B and not return to Open Session by O’Donnell, second by Angley.  Roll call vote taken.   Vote unanimous.
 
 
 
 
 
 

Jean M. Bouchard
Assistant to Town Administrator
Town of Carver
108 Main Street
Carver, MA   02330