Selectmen Meeting Minutes — May 1,
2008—7:00
p.m. — Memorial
Hall
Call to Order: The meeting was called to order at 7:00 p.m. by Chairman,
Joseph Judd. Other members present John Payne and Robert Manners.
Acceptance of Minutes: A motion was made by John Payne to accept the
minutes of April 15th and April 17th, 2008 as printed. Bob seconded the
motion. Motion carried unanimously.
Noteworthy News:
- Governor Patrick was visiting the
area last Friday.
- Annual Town Meeting, Tuesday, May 6, 2008 at 7:30
p.m.
Department Liaison Reports:
- Town Office - a great deal
of work being done in preparation for annual town meeting.
- Highway Department - street sweeping underway this week; annual furniture and scrap metal
collection day at the town garage, May 3rd from 8:00 a.m. until 2:00
p.m. Proof of residency required.
- Police Department - Steve is away
this week attending a three-day training seminar.
7:30 p.m. Charlie LaBatt of Guntlow & Associates, Inc. RE: Design
Concept for Glacial Pothole Area Observation Deck and Trail-way - representatives
of Guntlow & Associates appeared before the Board of Selectmen to
unveil the preliminary design for the proposed expansion of the glacial
pothole observation deck and trail-way. Mr. Labatt explained that the
site is incredibly challenging due to its' topography and limited access
points. The structure would be built using a combination of steel and
wood decking. He envisions that the three season, fully handicapped accessible
area will be opened to the public from dusk until dawn and illuminated
with photovoltaic lighting. Mr. LaBatt estimated construction costs to
be approximately $500,000. John Payne asked how the money would be raised.
Mr. Labatt suggested fundraising and grants. John disclosed that he is
a member of the South Deerfield cooperative, "Mass Wood" and
suggested that they be contacted to see what local hardwood is available
for decking. Bob Manners asked that the design take into consideration
the need for emergency access and suggested that the cul-de-sac area
be fenced to prevent the public from trespassing and gaining entry to
the potholes. Terry Mosher asked about the annual maintenance of the
structure and was told that maintenance should include annual inspections,
cleaning and painting when necessary. Art Schwenger noted that the Task
Force looked at several designs and choose the one they felt was modest
and affordable. He reminded those in attendance that there would be a
second public information session held on May 7th at 7:00 p.m. at the
Arms Library. Each member Selectmen complimented Guntlow & Associates,
Inc and Task Force members on their efforts to date.
8:00 p.m. James Stacy, Town Moderator RE: Review
of Town Meeting Warrant - the Board of Selectmen reviewed the annual town meeting warrant with
the Moderator. Transfers from the Stabilization Account and articles
involving zoning changes will require a 2/3 vote. The Town Clerk will
be prepared for a paper ballot in the event the need arises. The Moderator
will arrange to speak with Town Counsel in advance of town meeting to
clarify any areas of concern.
OLD BUSINESS:
Senior Center Lease Negotiations - Town Counsel is reviewing the lease
and making significant changes. In the meantime, there is an article
on the annual town meeting warrant authorizing the Board of Selectmen
to enter into a one-year lease should all parties reach an agreement.
Appointment of Police Location Study Committee - the following individuals
have agreed to serve on the Committee to date: Steve Walker, Rodney McBride,
Frank Field, Jr., and Rick Lane. The Board is still waiting for three
more residents to accept nomination for appointment to this committee.
Stacy Kontrabecki RE: Permission to Access Glacial
Potholes - the decision
was tabled until the next Selectmen's meeting so to allow the Police
Chief an opportunity to review the request. Bob recommended if the request
is approved, that access to the glacial potholes be limited to the wedding
party and the photographer. John suggested that the highway department
inspect the town's stairway access to ensure that it is safe and Joe
will speak with Chief Walker
NEW BUSINESS:
Award of Main Street Contract - Nine bids were received and opened on
April 10, 2008 for the Main Street Reconstruction Project - Phase 1.
Weston & Sampson Engineering reports that they have checked the
Bid Bond, bank reference and project references for Freitas Construction,
Inc. of Ludlow, MA and have found them to be in order. Weston & Sampson
recommends that the Town of Shelburne award the Construction Contract
to Freitas Construction, Inc. for $576,607. A motion was made by Bob
to award the contract to Freitas Construction, Inc. John seconded the
motion. Motion carried unanimously.
Jim Boehmer Email RE: Street Projects - Mr. Boehmer emailed Weston & Sampson
and the Board of Selectmen regarding his displeasure with the grant process
relative to public input. Mr. Boehmer contends that decisions relative
to trees, verges and landscaping are made without little or no public
input. He also does not believe that the Highway Superintendent should
be making decisions that impact the quality of lives of those who reside
on Main Street. The Board of Selectmen would like to send a letter of
response to Jim asking if he would like to participate on the neighborhood
advisory committee.
Arms Library Trustees RE: Interest in Becoming a
Town Department - the
Board of Selectmen received a letter from Jim Culleny, Chairman of the
Arms Library Association indicating that the Board of Trustees voted
unanimously to commence the process of making the Arms Library a town
department. Although it is too late to place an article on this years'
town warrant, the Board intends to discuss the concept with town meeting
voters in preparation for next year. Joe will contact Jim Culleny and
inform him of such.
Housing & Redevelopment Authority RE: 2007 Citizen Participation
Plan - the Franklin County Regional Housing & Redevelopment Authority
is currently administering the 2007 Community Development Block Grant
which includes Shelburne. Per the 2007 Citizen Participation plan, a
five member Citizen Advisory Committee is required to provide oversight
to this program. The appointed members would receive quarterly reports
and be invited to attend future hearings during the grant cycle. Therefore,
Shelburne is being asked to appoint 1 low/moderate income representative
for this grant as soon as possible. The Board asked that a copy of this
letter be made for each of them so that they can begin thinking about
a potential appointee.
Breezeway Farm Consulting RE: FY'06 CDBG Grant Related
Amendments - at
the request of John Ryan, the following three housekeeping motions were
made.
Motion #1 Bob made a motion to extend the contract with the Franklin
Regional Housing and Redevelopment Authority until September 30, 2008
so to provide Housing Rehabilitation Services for the FY'06 Small Cities
Grant. John seconded the motion. Motion passed unanimously.
Motion #2 John made a motion to amend the FY'06 contract budget with
Community Action for the West County Emergency Food Pantry Program in
Shelburne and Buckland as proposed (original budget $20,000; amended
budget $21,702.04). Bob seconded the motion. Motion passed unanimously.
Motion #3 John made a motion to amend the FY'06 contract budget with
Community Action for the First Call for help program in Shelburne and
Buckland as proposed (original budget $20,000; amended budget $20,000).
Bob seconded the motion. Motion carried unanimously.
Boston Post Cane Presentation - the Town Clerk has provided the Board
of Selectmen with a list of residents who are eligible to receive the
Boston Post Cane. The Board will review the list, determine the oldest
citizen and schedule a date to present the cane.
OTHER BUSINESS:
Beth Simmonds RE: Use of Town Council - Joe read
a letter submitted by Beth Simmonds. The letter had three specific requests:
1. To seek permission from the Board of Selectmen to speak to Town Counsel.
As a member of the Planning Board, Ms. Simmonds feels that she did not
benefit from the conversations that member John Payne had with Counsel
therefore she would like an opportunity to ask questions specific to
current zoning by-laws and proposed revisions so that she can be better
prepared for annual town meeting. After a brief discussion, a motion
was made by John to allow Beth to contact Counsel. The motion was seconded
by Bob. Motion passed.
2. Beth also wanted to provide a public reminder to all town officials
of what the proper procedure is for contacting Counsel. Joe explained
that the policy is simple; the Chairman of a Board and/or Committee or
his/her designee may contact Counsel providing he/she has received permission
from the Chairman of the Board of Selectmen. The reason for this policy
is to ensure that funding is available and to ensure that the reason
for seeking Counsel is warranted. Joe agreed that town boards and committees
should be reminded of this policy.
3. Lastly, Beth requested a full accounting of the dates, costs, conversations
and decisions that have occurred between Mr. Payne and Counsel relative
to the zoning process. The Board provided Beth with copies of all legal
bill paid to Attorney Donna MacNicol from October to present.
Public Comment: None
Adjournment: A motion was made by John to adjourn the meeting at 9:18
p.m. Bob seconded the motion. Motion passed unanimously.
Respectfully submitted,
Terry Mosher
Executive Secretary
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