Selectmen Meeting Minutes — October 26, 2009—7:00 p.m. — Memorial Hall.

Call to order: The meeting was called to order by Chairman, John Payne. Other members present: Joseph Judd and Robert Manners.

Media Present: Cameron Graves, Shelburne Falls Independent and Diane Broncaccio, Recorder.

Acceptance of Minutes: A motion was made by Bob to accept the minutes of September 28th and October 6th as presented. Joe seconded the motion. Motion passed unanimously.

Noteworthy News: Bob reported that the Mt. Massamet Tower 100th year anniversary celebration was a great success with approximately 100 attendees present at the tower site. The tower was honored by the National Historic Lookout Commission as being the oldest observation tower in the nation that is still in service.

Department Liaison Reports:
Police -- Joe has begun preliminary discussions with Chief Walker in preparation for another reduction in state aid. Joe reported that initial discussions have produced some interesting cost-saving ideas that he will share with the Board at a later date.

Highway -- Bob reported that the crew has been busy preparing town roads and trucks for the winter months (cleaning sides of roads, cleaning ditches and bleeders, and installing whips). All Chapter 90 work has been completed.

Town Office -- John reported that the Gitsis project is moving forward. The project manager is seeking permission to close the sidewalk area for two days in mid-November (16th-18th) in order to pour new sidewalks between Mother's and the Village Restaurant. Joe urged those involved to be mindful of Moonlight Magic which is scheduled to occur on November 27. Also, there will be a brief two-three hour period next week where water services will be shut-off so to connect the new water service to the building. Completion of the project is anticipated some time in early January.

Tax Collections -- three properties whose land is currently not in "active" use are in the process of taking. There are still a number of other properties that are delinquent as well and the process will continue if no effort is made to establish a payment plan. John reported that the town's end-of-the year financial report for fiscal year 2009 indicates that the town's expenditures exceeded revenues by $149,995. Although the report has yet to be reviewed in detail, the shortfall is more than likely a result of delinquency. The penalty for late taxes is based on an interest rate of 14%; much higher than interest rates affiliated with home equity or personal loans. John suggested that delinquent property owners contact their banks seeking a loan; or establish a payment plan with the Collector to avoid further penalty.

7:00 p.m. Public Hearing RE: Liquor License Transfer, 1105 Mohawk Trail ∏ Pamela J. Miner of Colrain, Ma is seeking approval for a transfer of a retail package goods store license for the sale of all alcoholic beverages from Tammy Swan-Cousineau of Black, Beer, Wine, Liquor and Convenience located at the Arrowhead Shops, 1105 Mohawk Trail. When asked about her experience relative to the sale of alcoholic beverages, Pamela indicated that she managed the Good Spirits Liquor Store for five years, she was employed by Neighbors of Deerfield, MA (a retail package store), and she has undergone a series of training sponsored by the Alcoholic beverages Control Commission entitled: Techniques of Alcohol Management. As for proposed changes to the current operation of the store, Pamela intends to extend the hours of business and expand the line of "convenience" products. John spoke about the excessive signage/sandwich boards that are currently in place at the store's location; a violation of the town's by-laws. While appreciating the importance of advertising, he encouraged Pamela to familiarize herself with the town by-laws and stay within those guidelines. He also asked that she pay close attention to the procedures surrounding the sale of alcohol so not to make the mistake of selling to underage patrons. In closing Joe stated that Shelburne's Selectboard is pro business and wants her to succeed. He encouraged her to come to the Board any time she had questions or concerns. After no further discussion, Joe made a motion to approve the application as presented. Bob seconded the motion. Motion carried unanimously.

7:15 p.m. WMECO/Verizon Pole Hearing -- Paul Agrillo representing Western Mass Electric Company appeared before the Board seeking permission to locate a line of (4) poles, wires, cables and fixtures, including the necessary sustaining and protecting fixtures to be owned and used in common by petitioners, along and across the Mohawk Trail. The location of the work is near the Jehovah Witness Kingdom Hall. Being that ownership of the area off of Route 2 falls under the jurisdiction of the Massachusetts Highway Department, Joe suggested that the Board's approval be contingent upon their consent as well. There were no abutters present for the hearing, no public comments voiced. With that said, Joe made a motion to approve the request as presented by Western Mass Electric Company and Verizon providing that the Mass Highway Department consents to the proposed changes. Bob seconded the motion. Motion carried unanimously.

7:40 p.m. Deb Coutinho, Board of Health RE: Flu Vaccines -- Deb reported that she has participated in several meetings with a number of health care officials to prepare for this year's flu epidemic. Local regions have been developed in order to better manage each location. Shelburne is part of a four-town region that includes Ashfield, Buckland and Colrain. Using state funding, Sheila Litchfield, R.N. has been hired to coordinate the overall operation of the clinics within our region. The Mohawk Trail Regional High School will be available as a clinic site. Although towns are unsure of when the vaccine will be available, the emergency preparedness team is ready to implement the program and will stay on top of every health bulletin, email, etc. issued by the Center for Disease Control and other health affiliated organizations.

8:00 p.m. Larry Flaccus, Open Space Committee RE: Chapter 61 "Right of First Refusal" Policy -- at the request of the Selectboard, members of the Open Space Committee revisited the proposed policy and made revisions to address two areas of concern. The first revision allows the town to discharge its Right of First Refusal before the 120 day period ends providing that following the public hearing, it is evident that there is no significant interest in the Town's acquisition of the property, and no interest in assignment to a nonprofit organization. The second change is reflected in section C.1.of the policy; lessening the burden placed on the Selectboard's office by assigning tasks not required by M.G.L. to the Open Space Committee. Members of the Selectboard were pleased with the changes. After no further discussion, a motion was made by Joe to adopt the proposed policy. Bob seconded the motion. Motion carried unanimously.

8:15 p.m. Lynn Benander RE: Energy Efficiency and Conservation Grant -- Lynn did not attend the meeting.

OLD BUSINESS:
Open Space Committee RE: Proposed Policy for Chapter 61 -- please refer to 8:00 p.m. appointment.

Abandoning Two Private Roads -- discussion continues on whether or not the town can legally discontinue winter maintenance of two privately owned right-of-ways (the former Route 2, near the Jehovah Kingdom Hall and Memorial Drive). Bob reported that Mass Highway has acknowledged that they own the small piece of road that runs parallel to Route 2 however; they have no intention of maintaining it during the winter months. Being that both property owners abutting the road have been notified of the town's intent to discontinue winter maintenance, Bob believes that it is just a matter of notifying them of the Board's final decision before the winter season is upon us. Memorial Drive however, is a bit more complicated as it serves as a right-of way for all abutters; including the Town. The Highway Superintendent has suggested hiring a private contractor and splitting the costs of snow removal between all of the parties involved. It is unclear why the town took on the responsibility of maintaining the private way many years ago however; in accordance with M.G.L. towns cannot legally expend municipal funds on a private way. The Highway Superintendent had originally suggested discontinuing maintenance of the right-of-way due to the time and difficulty the crew endures while performing snow removal with the pay loader. Before taking any action, Joe wants a very clear ruling from Town Counsel. Joe also wants time to research the original deed for Memorial Hall before making a decision. So to expedite this matter, the Board will meet next Tuesday, November 3rd at 3:30 p.m.

NEW BUSINESS:
Daniel Lieberman RE: Appointment to Open Space Committee -- Acting on a recommendation made by Chairman, Larry Flaccus; a motion was made by Joe to appoint Dan Lieberman to the Open Space Committee. Bob seconded the motion. Mr. Lieberman who was present at the meeting stated that he has lived in Shelburne since 1990 and is very interested in serving the town. Motion to appoint Mr. Lieberman passed unanimously.

FY'10 Licensing Fees -- Executive Secretary, Terry Mosher provided the Selectboard with a list of annual licensing fees for their consideration. License fees that are managed by the Selectboard have not been increased since 2004. The Board will review the list and make a decision at their next meeting.

CONNECT-CTY Agreement -- the three year contract for the town-wide telephone system will expire on February 15, 2010. Joe had suggested looking at other providers as a means of saving money. The town currently pays $2,955 annually. Joe will research and report back to the Board.

S.F.A.B.A. RE: Moonlight Magic -- Closing of Iron Bridge -- the S.F.A.B.A. is seeking permission to close the Iron Bridge on Friday, November 27, 2009 from 3:30 p.m. to 10:00 p.m. for Moonlight Magic. Following a brief discussion, a motion was made by Bob to close Bridge Street to vehicular traffic from the intersection of Main Street to the Buckland side of the Iron Bridge from 3:30 p.m. to 10:00 p.m. Joe seconded the motion. Motion carried unanimously.

Moose Crossing Signs -- Joe reported that the "moose" crossing signs installed by the Massachusetts Highway Department along Route 2, keep disappearing. Joe reminded residents that these signs are in place to warn motorists of potential moose hazards along a 5 to 7 mile stretch of Route 2 that are known moose habitats. Mass Highway is willing to put the signs up again and Joe has suggested using signage with no pictures. Bob also suggested using tamper proof hardware.

Conservation Commission's RE: Request for Clerical Assistance - Conservation Chairman, Norman Davenport is seeking approximately 4 hours of clerical assistance per week to assist the Conservation Commission with a variety of administrative duties. Maureen Pike had assisted the Conservation Commission for many years however, the increased demands of her Town Collector's position made it impossible to continue to do so. Members of the Selectboard briefly discussed funding possibilities and decided to was best to invite Norman in to their next meeting to get a better understanding of what their needs are. No further action was taken.

Future Access to Glacial Potholes -- in a recent conversation with legal counsel, it was suggested that the Board reconsider allowing educational groups to access the glacial pothole area via the town-owned stairs. Counsel's concerns were prompted by a number of factors. First, the entire pothole area on the Shelburne side of the river has been fenced off by property abutters. Although the town owns the stairway leading to the glacial potholes, they do not have the right to authorize access to another person's property. Second, on the day of the field trip, a town official allows access based on two conditions; the weather and water flow over the dam. Counsel's concerns are two-fold: the town has no control over changing weather conditions and; without prior knowledge of what Trans Canada's plans are; one can't possibly predict whether or not the water flow over the dam will remain the same throughout the day. Lastly, when the gate is opened to allow students to enter the area for their studies, there is no way to prevent tourists and/or residents who see other individuals in the pothole area from entering as well. With that said, Donna MacNicol recommended that the Board of Selectmen suspend all future visits to the glacial pothole area until she has had an opportunity to revisit the town's policy for access and its "hold harmless" agreement. Although the Board would have preferred to continue accommodating educational groups wishing to study the area, in the interests of protecting the town from potential liability, the Board unanimously agreed to take town counsel's advice and suspend future visits.

Williams College RE: Request to Access Glacial Potholes on November 18th -- Based on Donna MacNicol's recommendation, a motion was made by Joe to deny Williams College's request to access the glacial pothole area. Bob seconded the motion. Motion carried unanimously.

Smith College RE: Request to Access the Glacial Potholes on October 29th, November 12th and November 19th - Based on Donna MacNicol's recommendation, a motion was made by Joe to deny Smith College's request to access the glacial pothole area. Bob seconded the motion. Motion carried unanimously.

Rodney McBride RE: Resignation from Planning Board -- Rodney has submitted a letter of resignation from the Planning Board effective October 14, 2009. Bob made a motion to accept Rodney's resignation was regret. Joe seconded the motion. Motion passed unanimously. Planning Board Chairman, Vincent Marchese has requested that Selectboard forward the names of any individuals who may be interested in filling the un-expired term.

Weston & Sampson Engineering RE: Contract Amendment for FY'08 CDBG Projects -- A motion was made by Bob Manners and seconded by Joe Judd that the contract for engineering and resident inspector services with the Town and Weston and Sampson, Inc. for the FY'08 CDBG funded projects -- Main Street Phase 2 and Conway Street in Buckland be increased by $9,275.00 to cover the increases costs of 123 hours for the resident inspector and further to extend the length of the contract through December 31, 2009. Motion carried unanimously.

Halloween RE: Closing of Mechanic Street -- out of concern for pedestrian safety on Halloween night, Bob recommended that the police department consider closing the street to vehicular traffic from Bridge Street to Church Street as in years past. A motion was made by Joe to support the closing of Mechanic Street to vehicular traffic on Halloween evening if the Chief Walker deems it necessary to do so. John seconded the motion. Motion passed: 2 yes; 1 abstention.

Zerah Fiske Road Improvements -- the Highway Superintendent intends to straighten a curve on Zerah-Fiske Road next year by shifting its' layout by approximately 30 feet. Connie Clarke whose property abuts the curve is willing to gift a small piece of land in exchange for some tree cutting. Being that the road is designated as a "county" road, Pete will be working with the Franklin Regional Council of Governments to execute all required proceedings.

Purchase of a New Dump Truck -- the Highway Superintendent is requesting permission to trade in the town's 1997 Mack dump truck in order to purchase a new dump truck. Pete Hillman is proposing using $25,000 of this years remaining Chapter 90 monies and entering in to a five year lease purchase agreement using $25,000 of Chapter 90 monies each year. Approximately $15,000 has been invested in repairs to the Mack. Pete is certain that the trade-in value of the Mack truck would cover the costs of all non-eligible Chapter 90 items like a sander and plow. Bob is confident that the highway department can invest $125,000 in Chapter 90 monies over a five-year period and still have enough money to continue reconstructing town roads. No decisions were made. The matter would have to be brought before town meeting voters in order to enter into a multi-year lease agreement.

Bill Ennen RE: Resignation from Greater F.C. Comprehensive Economic Development Strategy Committee -- John received a letter from Bill Ennen indicating his need to resign from the Greater F.C. Comprehensive Economic Development Strategy Committee due to personal reasons. A motion was made by Joe to accept Bill's resignation with regret. Bob seconded the motion. Motion carried unanimously. Joe will speak with Kevin Maroney of 99 Main Street who had been appointed as an alternate member to see whether or not he would be interested in serving as a full member.

9:45 p.m. Dan Post RE: Energy Efficiency and Conservation Grant -- working with Lynn Benander the two reviewed Siemen's Building Technologies preliminary audit report and with the $150,000 grant application in mind, the two focused their efforts primarily on the Cowell Gymnasium looking at ways to conserve energy. After inspecting the building in great detail, Dan reported on their proposed ideas: change the heating system to steam; build out the interior walls of the gymnasium by approximately 7" (covering the ceramic tile) so to insulate the walls. Dan estimates that by insulating the walls and addressing the windows in the gymnasium; heating costs could be halved. Aside from a full roof replacement, Dan could not recommend any enhancements for the roof. Rather than focus on one particular building, Terry Mosher suggested that the grant funding would be put to better use by offsetting costs of the "Performance Contracting" services that the town is about to engage in with Siemen's Building Technologies. Discussions amongst Board members then turned to building usage; and which buildings would be better served by energy conservation, etc. Although no formal votes were taken, the consensus of the Board was to focus energy conservation efforts on Memorial Hall and Cowell Gymnasium.

OTHER BUSINESS:
Historic District Signage -- Joe reported that the town is eligible to receive up to four signs indicating entrance into the "Shelburne Falls" Historic District. The signs would be of no cost to the town. Joe asked fellow Board members to reviewed the variety of sign types and choose one that would be fitting for our village.

Adjournment: a motion was made by Bob to adjourn the meeting at 10:23 p.m. Joe seconded the motion. Motion carried unanimously.

Respectfully submitted,

Terry Mosher
Executive Secretary