Board of Selectmen—Town of Shelburne

Selectmen Meeting Minutes — May 24, 2010—7:00 p.m. — Memorial Hall.

Call to order: John called the meeting to order at 7:00 p.m. Other members present: Joe Judd and Robert Manners.

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

Noteworthy News:

  • Town Elections: Monday, June 14, 2010; polls are open from 10:00 a.m. until 8:00 p.m.
  • Guy Manners Lifetime Achievement Award: Laura Manners, President of the EMT Association and Julie Page, presented the award to Deb Coutinho of Shelburne for her years of dedicated service.
  • Open Space Committee sponsored a very successful invasive species seminar last Saturday. Following a presentation at the Shelburne Grange, approximately 25-30 volunteers worked together; clearing several areas of invasive plants.
  • World War II Veterans VOICES Exhibit will be on display in the event hall of the Shelburne Senior Center through June 3rd.
  • Reception for World War II Veterans will take place on Thursday, May 27th from 6:30 p.m. until 8:00 p.m. at the Senior Center to honor those Veterans who have participated in the VOICES exhibit as well as ten additional WWII Veterans.

Department Liaison Reports:
Highway Department -- preparing bid specifications for the sale of the 1996 Mack Truck and the purchase of a new used truck; the crew has begun roadside mowing, mowing of town-owned properties, and patching.

7:15 p.m. Shade Tree Hearing (James Richardson, Tree Warden and Matthew Marchese, Planning Board) -- the first segment of the hearing was to approve the removal of 25 trees along Bardwells Ferry Road; a designated scenic road. Western Mass Electric Company and Verizon New England have requested the tree removal to accommodate the installation of 5 jointly owned poles. Jim Richardson explained the utilities will be responsible for all costs associated with their removal. He also noted that one property owner may pay costs associated with "cabling" a tree rather than have it removed. Planning Board Chairman, Matthew Marchese reported that the Planning Board met on May 17th; a quorum was present. Members of his Board reviewed the trees slated for removal along Bardwells Ferry Road and voted unanimously to approve the request. Additionally, the Tree Warden is recommending the removal of one large pine tree on Brook Road that is in danger of falling and the Highway Superintendent is requesting the removal of ten trees along Zerah Fiske Road to accommodate road reconstruction. Bob indicated that Marjorie Giard, an abutter of Zerah Fiske Road has requested the wood. After hearing no comments from the public, John closed the hearing at 7:23 p.m. Acting on the recommendations of the Tree Warden, the Planning Board Chairman, and the Highway Superintendent, Joe brought forth a motion to approve the tree removals as presented. Bob seconded the motion. Motion passed unanimously.

7:30 p.m. Paul J. Mokrzecki, Bank of Western Massachusetts RE: Payroll Services -- at the request of the Selectboard, Paul attended the meeting to provide an overview of the payroll services offered by the Bank of Western Massachusetts. After listening to his presentation and obtaining positive feedback from Town Treasurer, Bob Taylor; members of the Board agreed that the payroll service would be of benefit to the town. Following a brief question and answer period Bob brought forth a motion to enter into an agreement with the Bank of Western Massachusetts for payroll services to begin July 1st. Estimated annual fee is: $2,515. Joe seconded the motion. Motion carried unanimously.

8:00 p.m. Robert Dean, F.R.C.O.G RE: Siemen's Performance Contracting In the absence of Dan Post, members of the Selectboard used the time to discuss the guaranteed performance contract between the Town of Shelburne and Siemens Building Industries. To date, the Town has participated in both a preliminary audit and an investment grade energy audit. Given the lack of interaction with Siemens to date, the Board is concerned that they may no longer be interested in participating in the program. Bob indicated that he has heard from several towns who share the same concerns. Several attempts have been made to contact Roland Butzke without success. Bob explained that some towns have the benefit of a technical assistance grant through DOER which allowed them to hire an "owner's agent" who is taking the lead in bringing Siemen's back to the table. Bob suggested that Shelburne may want to consider hiring a consultant; using up to 10% of the grant award for project oversight. In the meantime, he recommended that the town invite Roland in to discuss the situation.

8:30 p.m. Dan Post and Lynn Benander RE: Energy Committee -- the two reported that the Energy Committee is not quite ready to recommend a list of projects. They indicated that the broad consensus of the public hearing was to move away from Siemens Building Technologies and move forward with a competitive bid process. They provided each member with a list of recommended upgrades to Memorial Hall; Cowell Gymnasium, Arms Library, Shelburne Library and the Town Garage totaling over $847,100. The duo suggested completing the working in two phases addressing Memorial Hall and Cowell Gymnasium first. They explained the need to borrow and/or apply for up to $250,000 in funding in order to accomplish what was originally pledged in the Department of Energy Resources grant application. Bob Dean reviewed the various funding options most of which would require long-term borrowing; and prior approval from town meeting. Bob Manners indicated that he would be reluctant to borrow a large amount of money without first bringing the matter before annual town meeting. He also expressed frustration with the process. It was his understanding that the town was pursuing $150,000 in improvements not close to a million dollars. John agreed that not enough emphasis was placed on the $250,000 of guaranteed performance work from Siemens. When the DOER approved Shelburne's application for $150,000; it was with the expectation that the town would utilize Siemen's with no additional outlay of money (the energy savings would pay for the loan). A lengthy discussion ensued. In the end, it was agreed that a meeting with Siemens is necessary before any decisions are made. John agreed to contact DOER representative Elise Avers to see what other options are available to the town and Joe agreed to contact other towns who are currently working with Siemens to get a sense of what their experiences have been.

OLD BUSINESS:
Energy Committee Update (see appointments)

Guidelines for Warrant Articles not Sponsored by Selectboard -- the Board agreed that if a warrant article has financial impact; the sponsor of said article should appear before the Selectboard and make a presentation so that everyone understands the consequences before placing it on the town meeting warrant.

Open Meeting Law Requirements -- the Franklin Regional Council of Governments is sponsoring a law seminar at the Franklin County Tech School on Thursday, June 10th at 7:00 p.m. Bob Dean who was present for the discussion indicated that the Town Clerk's Association is lobbying hard to delay the effective date of implementation until November. He also believes that more changes will be forthcoming as more and more municipalities challenge some of the requirements. John suggested that the Board wait and see what transpires before sending a letter to Senator Rosenberg.

Proposed Police Department Relocation -- Joe reported that he intends to move forward with the police department relocation proposal with the hopes of making a presentation to the Board sometime in July. He will be working with the Police Chief to review the existing layout, determine costs associated with relocation, and obtain an estimate that will address any mold related problems.

NEW BUSINESS:
F.R.C.O.G. RE: Gravel Bids -- Mitchell Trucking and Zoar Sand and Gravel submitted identical bids for the delivery of 3" bank run gravel. In accordance with Chapter 30B, the F.R.C.O.G. proceeded with an objective tie breaker (coin toss) and Zoar Sand and Gravel was determined the winner. Shelburne's Highway Superintendent would like to reject Zoar's bid and award Mitchell Trucking as a preferred provider. His reasons are as follows: In August, 2009 Shelburne spread approximately 375 yards of gravel purchased from Zoar Sand and Gravel. The gravel was used on a reconstruction project on Zerah Fiske Road. The gravel was applied in 6" -- 8" lifts; it was compacted and, calcium chloride was applied. Several days after finishing the project it rained. As a result the road became extremely slippery due to a high clay content causing hazardous travel. Although 2008 testing results indicated that the material meets Mass Highway standards, the Highway Superintendent believes that it contains a high concentration of clay therefore, it does not drain well after compaction. Furthermore, Zoar Sand and Gravel does not have the means to haul their product; they rely on contracted haulers to make deliveries. Following a brief discussion, Joe brought forth a two-part motion: (1) to reject Zoar Sand and Gravel's bid for 3" bank run gravel delivered and; (2) award Mitchell Trucking as the preferred provider. Bob seconded the motion. Motion passed unanimously.

Arms Academy Alumni Association RE: Request for One Day Liquor License -- the Arms Academy Alumni Association is requesting a one-day wine and beer permit for June 26, 2010 from 6:30 p.m. until 10:30 p.m. at the Cowell Gymnasium. The group is not selling the beer or wine for profit and will obtain the proper general and liquor liability insurance. The Alumni Association also requests that the Selectboard waive the $85 permit fee. Motion made by Bob to grant the one day permit and waive the $85.00 fee. John seconded the motion. Motion passed: 2 in favor; Joe abstained.

Melissa Alosso RE: Resignation from Conservation Commission - Melissa submitted a letter of resignation from the Conservation Commission effective immediately; citing personal reasons. Joe brought forth a motion to accept Melissa's resignation with regret. Bob seconded the motion. Motion passed.

Wired West RE: Seeking Representation for Organizing Committee -- To date, 31 towns have joined the effort to build a state-of-the-art fiber communications network. Wired West is organizing a meeting of town representatives on June 26 and request that Shelburne select one representative and one alternate to serve on the "organizing" committee. John recommended that one or more members of the Cable Advisory Committee serve in this role. Terry will forward the request to them.

CORRESPONDENCE:
Moderator's Appointment of John Rees to Finance Committee -- Moderator, James Stacy has appointed John Rees of 59 Patten Road to the Finance Committee for a term ending in the year of 2013.

F.R.C.O.G. RE: Historic District Signs -- Shelburne's Historic Commission has identified four locations to install signs denoting the entrances to the Shelburne Falls National Historic District in Shelburne. Those locations are: Maple Street, Mechanic Street (south of Route 2), Mechanic Street (north of Route 2), and Main Street. Signs will be installed in the month of June.

PUBLIC COMMENT: none

ADJOURNMENT: Joe made a motion to adjourn the meeting at 9:58 p.m. Bob seconded the motion. Motion passed unanimously.

Respectfully submitted,

Terry Mosher
Executive Secretary