Selectmen’s Meeting Minutes — April
5, 2007—7:00
p.m. — Memorial
Hall
Call to Order: Chairman Manners called the meeting
to order at 7:00 p.m. Other members present: Joe Judd and John
Payne.
Acceptance of Minutes: A motion was made by Joe Judd
to accept the minutes of March 16th; March 19th; March 20th; March 22nd;
and March 27th. The motion was seconded by John Payne. Motion
carried unanimously.
Department Liaison Reports –
John reported that he and Board of Health Chairman,
Irene DeJackome continue to explore issues with the Franklin Regional
Council of Governments inspection-related services. The Cable
Advisory Committee met with Comcast and is moving forward with
contract negotiations at a reasonable pace. Treasurer,
Virginia Peck has identified a few issues with the vendor warrant
process (paid every two weeks) that needs to be worked out. Bob reported
that the Town has received notice that we will be receiving approximately $169,000
in Chapter 90 money. The Highway Department is
taking advantage of the dry weather to fill pot holes.
Old Business:
Recreation Committee RE: Proposed Changes to Cowell Gym Director
Job Description – a motion was made by Joe to approve
the minor changes to the job description. The motion was seconded
by John Payne. Motion carried unanimously.
Wilbert L. & Bertha Rainville RE: Right of First Refusal – the
Rainville’s Attorney (Robert Carey) forwarded a copy of the purchase
and sale agreement to the town. The buyer is Lynn F. Sallee of
Lunenburg, Massachusetts. Being that the notice of sale was received
by the town on March 5, 2007; the town has until July 2, 2007 to decide
whether or not to exercise its right of first refusal. John stated
that Mass Audubon has looked at the property and attempted to negotiate
with the Rainville’s in the past but have never been able to come
up with any kind of an agreement. Information relative to the sale
has been forwarded to various town boards (Assessors, Planning, Zoning,
Conservation Commission, Open Space and Agricultural Commission) for
comment. To date, the town has received comment from the Open Space
Committee who intend to review the parcel for its’ wildlife and
bio-habitat value at their next meeting on April 23rd, render an opinion,
and report back to the Board of Selectmen following that meeting.
7:15 p.m. Café Martin RE: Transfer of Liquor License – The
hearing notice was read aloud at 7:15 p.m. The hearing was opened
by Chairman Manners and turned over to the applicant. Applicant,
Paul St. Martin, owner and manager of Café Martin for the last
four years appeared before the Board of Selectmen seeking a liquor license
transfer from Paul St. Martin to Café Martin LLC. Paul explained
that the reorganization from sole proprietorship to a Limited Liability
Corporation was for insurance purposes; everything else about the business
would remain the same.
After hearing no comments, the hearing was closed. A motion was
made by Joe to approve the liquor license transfer. Motion was
seconded by John. Motion carried unanimously.
New Business:
Letters from Karen Gould: Ms. Gould requested that
each of the letters be read and entered into the meeting minutes. An
overview of each letter is as follows:
Request to Serve as the Agricultural Commission’s Representative
to the Open Space Committee – Ms. Gould’s letter
indicates that on March 15th she submitted a letter to the Board of
Selectmen requesting to serve as the Agricultural Commission’s
representative to the Open Space Committee (that letter was forward
to Carolyn Wheeler for recommendation). Ms. Gould states that
she has been waiting since January 22nd when she first notified Carolyn
Wheeler, the Agricultural Commission’s Chairperson of her interest
in serving in that capacity. Ms. Gould believes that she
would make an excellent candidate and would be a “valuable asset” to
the committee however she alleges that Open Space Committee member,
John Payne has been influencing Carolyn Wheeler in her decision; not
only giving the appearance of conflict of interest but delaying the
process and offending Ms. Gould as well.
Others Interested in Serving the Open Space Committee – Ms.
Gould states that six letters of request to serve as members of the Open
Space Committee were submitted to the town on March 19th. The Open
Space Committee met on March 26th at which time all of the potential
candidates were in attendance. Ms. Gould alleges that appointments
to the committee were not discussed and potential candidates were not
allowed to speak. Ms. Gould contends that the Committee has been
in existence for two years and have had ample opportunity to find new
members. She is concerned that the six volunteers Joel Dwight,
Chris Davenport, Noreen Palasciano, Beth Simmonds, Jim Gamache and Richard
Dils are being discriminated against and by not appointing them; “places
this town and her tax dollars in a very precarious situation legally”. Ms.
Gould feels that members of the Open Space Committee should be considered “suspect
in their intentions and perhaps should be removed from the committee
for their actions, but in the least a letter or reprimand must be put
in their files”.
Open Space Committee’s New Application Process – Ms.
Gould is writing to inform the Board of Selectmen that on the night of
March 26th, the Open Space Committee met to discuss a new “application” proposal. Ms.
Gould alleges that during the course of the meeting, the application
as well as the requirements that one would have to meet in order to be
considered for an interview by the Open Space Committee was discussed. Ms.
Gould further alleges that the Open Space Committee’s proposed
application was seeking information relative to the individual’s
work history, as well as a list of properties they owned, etc. When
Ms. Gould requested a copy of the document at the end of the meeting,
she was refused by the Chairman, Larry Flaccus. Ms. Gould alleges
that John Payne indicated that the Committee had 48 hours before they
had to provide a copy of the document. Of concern to Ms. Gould
is that she alleges that members of the Open Space Committee seemed quite
familiar with the draft document. Ms. Gould questions whether members
of the Open Space were working on the document via email correspondence. Ms.
Gould is also concerned that Open Space Committee member, John Payne
wanted to “cast a wider net” and advertise in the West County
News that they were looking for people to join the Open Space Committee,
when in fact, sitting in the audience were the people who had already
submitted their written requests. Overall, Ms. Gould is concerned
about a process that denies and violates her constitutional right.
Request for Documentation from the F.R.C.O.G. RE: Route 2 Corridor
Management – since March 15th, Ms. Gould has been waiting
to receive information from F.R.C.O.G’s representative, Linda
Dunlavy relative to the Route 2 Corridor Management project. Specifically,
Ms. Gould would like a list of Shelburne residents who participated
in the project, minutes of each meeting, the time, date and location
of each meeting. Ms. Gould has notified the Division of Public
Records of her request and Terry Mosher has made two written requests
to the F.R.C.O.G. on Ms. Gould’s behalf but to date, none of
the information requested has been received.
Mass Audubon RE: Proposed Conservation Restriction – representatives
from Mass Audubon met with members of the Conservation Commission this
evening. Following that meeting, Conservation Chairman, Norman
Davenport reported that members of his Commission voted to accept the
conservation restriction after a rather frank discussion with Audubon
representatives. After a brief discussion a motion was made by
John to accept the conservation restriction on behalf of the Conservation
Commission. Joe seconded the motion. Motion carried unanimously
Steve Fitzgibbons, Comcast RE: Massachusetts State Franchising
Bill – legislation has been proposed that would strip
local government of their power to franchise cable television and would
transfer this power to the State. Under this legislation, local
governments would have no authority to approve who is using its right
of way nor to require that service be made available to all of its
residents. Verizon is pushing this legislation. Both the
Massachusetts Municipal Association and Comcast oppose the bill and
encourage municipalities to send a letter to our State legislators
voicing their opinion. A motion was made by Joe to accept MMA’s
and Comcast recommendation and ask the Cable Advisory Committee to
write a letter on behalf of the town opposing the proposed bill. John
seconded the motion. Motion carried unanimously.
Letter from the District Attorney’s Office to the Shelburne
Planning Board – the District Attorney’s Office
has received a complaint alleging that the Planning Board has violated
the Open Meeting Law. More specifically, it is alleged that a
quorum of the Planning Board or a subcommittee of the Planning Board
attended meetings of the Ad Hoc Zoning By-Law Revision Committee with
the FRCOG in order to review zoning revisions but that no minutes of
these meetings exist. The letter lists twenty specific meeting
dates. The letter goes on to state that it is further alleged
that a meeting of the Planning Board was held on September 14, 2006
and that the minutes of that meeting make no mention of attendance
by FRCOG employees and certain action taken at the meeting. The
complainants allege that the Planning Board’s minutes are inconsistent
with the FRCOG’s quarterly report. In order to investigate
the allegations, the District Attorney’s Office has requested
specific documentation by April 27, 2007. The Chairman of the
Planning Board has been notified of the letter via email however, Chairman
Manners will contact him directly to ensure that he receives the message
in a timely manner.
Commonwealth of Massachusetts, Land Court Summons (Pioneer Nutritional
Formulas, Inc. verses Mitchell Excavating, RVM Realty Enterprises,
Bank of Western Massachusetts and Town of Shelburne – pursuant
to M.G.L. Chapter 185, section 1 (j ½), the Land Court has exclusive
jurisdiction to determine the validity and extent of municipal zoning
ordinances, by-laws and regulations. This action is brought forth
to determine the validity and the application to the subject property
of the provisions of the Shelburne Zoning Bylaw. The plaintiff,
Pioneer Nutritional Formulas “prays” that the Court adjudicate
the manner and extent to which the provisions of the Shelburne Zoning
Bylaw are valid, are applicable to the Mitchell land, or both, and
grant such other and further relief as it deems just in the circumstances. The
initial Case management Conference shall be held on May 22, 2007 at
3:00 p.m. in Worcester Land Court. Joe estimates that it will
cost the town approximately $4,000 to $5,000 in legal fees to complete
this process. Recognizing that Shelburne’s zoning by-laws
are out-dated and illegal, Joe stated that in the last 10 years the
Town of Shelburne has brought forth major zoning by-law changes on
two occasions only to have them defeated by voters. Joe contends
that both times “site plan review was the hot ticket item and
it is obvious that Shelburne doesn’t want it.” Joe
stated that the only good thing that will come out of this whole process
is that “at the end of the day a judgment will be made directing
the town what to do.”
Polly Bartlett RE: Permission to Dump Road Sweepings – Ms.
Bartlett is aware that the Swan building lot (now owned by Michael Bolio)
is privately owned but is hopeful that the town could get permission
to dump its road sweepings in the “hole”. Ms. Bartlett
believes that it would make people “happier and the town more attractive”. Rita
Jaros (a member of the audience) cautioned the Board against dumping
sand potentially laden with road salt so close to the river. The
Board requested that the letter be forwarded to Mr. Bolio to see what
he thought.
Correspondence:
F.R.C.O.G. RE: Closing Engineering Program – Linda
Dunlavy sent a letter to the Board notifying them that the Engineering
Program will be closing as of June 30, 2007 due to financial reasons. The
program currently operates as a fee for service program and has not
been able to bring in enough revenue to cover its costs.
Eugene Butler RE: Open Space Committee – Mr.
Butler’s letter recommends that the town welcome all interested
residents in Shelburne who wish to serve as members of the Open Space
Committee (particularly landowners who will be impacted by any zoning
changes). No further action taken.
7:30 p.m. Finance Committee RE: Review of Budget & Warrant
Articles (Jerry Dubie, Greg Oles, Lynn Benander and Laura
Sandvik) – Joe gave a brief presentation of the proposed fiscal
year 2008 budget; highlighting the town’s revenue verses proposed
expenditures. For the moment, the Board has developed a level-funded
budget that includes approximately seven departmental cuts; funding
the MTRHS budget at the requested $1,955,460; and five capital items
(only one of which (MTRHS debt) is being funded by the Stabilization
account). Capital requests made and not funded in the budget
are the Arms Library deferred maintenance in the amount of $44,579
and the Arms Library roof repair in the amount $145,000. Earlier
in the day, Arms Library trustees submitted updated quotes for the
deferred maintenance and roof replacement costs. In addition,
they requested that an article be placed on the annual town meeting
warrant requesting that the town authorize the Board of Selectmen to
borrow money for the roof repair. Discussion surrounding
the library was lengthy. Members of the Board felt that it made
sense to look at the entire building particularly the condition of
the roof structure underneath the clay tiles before investing any money
in the interior. Finance Committee member Lynn Benander felt
differently. She feels as though the roof repair and the interior
work have been on the table long enough and that the town should stop
delaying the process. Bob tried to explain the ongoing struggles
between the town and the Arms trustees and how their relationship differs
from that of the Shelburne Free Public Library and the town. Finance
Committee member Jerry Dubie believes that the town should have some
lengthy discussion as to whether or not it can continue to support
two libraries. Joe suggested that the town seek proposals for
a feasibility study in order to determine the extent of work that needs
to be done. Finance Committee member Greg Oles agreed that a
feasibility study would be a good idea. Estimates dating back
to 2005 suggested that a feasibility study would cost the town approximately
$15,000. No decisions were made.
Those areas of the omnibus budget reflecting proposed cuts were reviewed
by members of the Finance Committee. Budgetary line item # 810-142
for Health Agent services provided by the F.R.C.O.G. in the amount of
$2,997 generated the most discussion. Initially John Payne had
recommended that the town leave the money in that account and allow the
Board a year to investigate whether or not to continue with the F.R.C.O.G.
services; discontinue the F.R.C.O.G. service and utilize our Board of
Health members; or hire the services of an outside independent contractor
on an as-needed basis. After a lengthy discussion with Board of
Health member, Irene DeJackome, John is now recommending that the money
be placed in the Board of Health expense account until a decision is
made. John assured everyone that this action in no way implies
that a decision has been made either way. The money would remain
untouched until all options can be thoroughly researched. Finance
Committee member Lynn Benander disagreed. She feels that the F.R.C.O.G.
is the town’s organization and Shelburne cannot afford to try and
recreate the level of services that they provide. She suggested
that if the town is unhappy with their services, that Shelburne should
insist upon change. Given the late hour with appointments still
remaining, the Board decided to postpone the review of the annual town
meeting warrant articles until April 19th when the Moderator will be
present.
8:30 p.m. Richard Dils, Chris Davenport & Karen Gould
RE: March 26th Open Space Committee Meeting – Mr. Dils
read a letter aloud signed by 6 residents of Shelburne (5 of who were
in attendance at that particular meeting). The group alleges
that they were treated rudely by members of the Open Space Committee
and demand that the Board of Selectmen review the behavior of “these” people
and take appropriate measures to recall and replace them immediately
with “appropriate candidates who will behave in the manner dictated
by state and federal law, and the rules of common civility and decency.” The
letter contends that members of the Open Space committee were “arrogant,
condescending and insulting”. They further allege that
a request for documentation being discussed at that meeting was denied
by the Chairman, Larry Flaccuss and they were denied the opportunity
to voice questions. The group also questioned the validity of
a proposed application form that was discussed at length during the
meeting; a document which the group believes had “evidently been
pre-organized in some other closed venue. They referred to the
structure of the Open Space Committee (adopted by town meeting) and
questioned why six volunteers who have submitted letters of interest
have not been appointed. The group believes that the creation
of an application screening process that was not authorized by town
meeting is discriminatory and unfair to citizen volunteers. In
closing the group requests prompt attention to this matter. During
the discussion that ensued following the letter having been read, Mr.
Dils stated that it is “irregular and illegal” to have
a document pulled out of thin air (referring to the application form)
and suggested that if pursued this town and members of the Open Space
Committee could be faced with a law suit. Chris Davenport asked
Joe if had been aware of the application. Joe replied that it
was not made aware until the evening of March 26th when he learned
of the application after having received a telephone call(s) from individuals
who had attended the meeting. Joe stated that while he does not
think it is the right way to do things, he would like to think that
the Open Space created the application as a means of screening the
numerous applications received. As one member of the Board, Joe
stated that he believes that the Open Space Committee is becoming dysfunctional
and if he continues to feel this way, he might suggest disbanding and
restructuring the Committee; noting that his decision has no reflection
on its current members. Bob stated that he too was unaware of
the application and was rather surprised to learn that it had been
created. While not opposed to the concept, Bob stated that he
would prefer to see a uniform process for the entire town. Richard
Dils asked John if he had drafted the application. John indicated
that he presumed that Larry Flaccus drafted the application noting
that the first time that he saw the document was when he received it
along with the agenda for the meeting. It was Johns understanding
that the document was created because suddenly there are more candidates
vying to serve on the Open Space Committee than there were seats. John
believes that it was a “good faith” effort on Larry Flaccus’s
behalf and members of the Committee hadn’t intended to insult
anyone. John offered an apology on behalf of the Committee and
on behalf of himself. Joe believes that the contention comes
from both sides of the table and until the Board of Selectmen has had
an opportunity to address these concerns with the Open Space Committee
on April 10th, he would like to have the proposed application taken
off the table. In closing Karen Gould stated that she thinks
Joe’s idea of completely disbanding the Open Space Committee
is a good one and is in the town’s best interest.
A motion to adjourn was made by Joe at 10:00 p.m. Motion seconded
by John. Motion carried unanimously.
Respectfully submitted,
Terry Mosher
Executive Secretary |
