SELECTBOARD MINUTES
Regular Meeting
April 1, 2008
6:30 p.m.
Present: Nancy Allen and Christine Durgin
Not present: Rick Marsh
Others present: Joe Mitko (ADN), Administrative Coordinator Dale Bull, Peter Bates, Police Sgt. Dana Cooley, AFC members Bob Bellefeuille, Dave Davis, Fred Richards, and Ross France, Roy Nilson
Chair Nancy Allen called the meeting to order at 6:37 p.m.
1. BID OPENING – DAVENPORT PROPERTY APPRAISAL
Two bids were received for the appraisal of the Davenport property. Daniel E. Jalbert, Allied Appraisal Associates of New England. Inc. bid $1,850.00, bid dated March 19, 2007; Jay E. Closser, LandVest, Inc. bid $5,800.00, bid dated March 28, 2008. The Board will take the bids under advisement and revisit the matter at the next regularly scheduled meeting.
2. PETER BATES – DOG COMPLAINT
Peter Bates and Sgt. Dana Cooley met with the Selectboard regarding a dog complaint. Peter Bates stated that his children’s ducks were attacked by two dogs belonging to David and Fran Phillips who own a kennel on Oliver Street. One duck was killed and two others were wounded with puncture marks. He stated that the attack was witnessed by his daughter. Peter Bates noted that the dogs were gone by the time he got off the deck. He stated that the ducks were free range in his yard. Fran Phillips stated to him that she had taken the dogs out for walk and had take off the leash. Peter Bates stated that he has had to call the Phillips before regarding their loose dogs. On this particular occasion, he noted that the called dispatch and that Sgt. Cooley responded and he also called the Phillips. Sgt. Cooley stated that he responded and described the situation. He noted that he went to the Phillips house and as he arrived a resident was walking a small dog on Oliver Street. The resident had to pick up the dog as the two Phillips dogs were harassing the small dog. Sgt. Cooley noted that the Phillips were aware that the dogs were loose.
Sgt. Cooley stated that the this is not the fist time there have been problems with the Phillips’ dogs and he could recall as far back as the late 80’s when he was dog officer and having problems at that time. Officer Horne has also had recent problems. He stated that Dog Officer Andy Ohlson has cited the Phillips for failure to restrain. Sgt. Cooley provided paperwork supporting the facts that a number of animals in Town have been maimed or killed by the Phillips’ dogs. The Phillips state the dogs are hunting dogs.
Dog Officer Andy Ohlson did a site visit and found the facility to be in compliance. He will be doing a follow up visit at a later date. The Selectboard asked that Andy Ohlson meet with it next week along with the Phillips and Peter Bates to offer this thoughts and recommendations as this appears to be an ongoing problem with the owners. If he is not available, they asked that he provide a written statement. Sgt. Cooley stated that that would give Andy Ohlson time to seek out any legal concerns regarding the situation. As the Dog Officer falls under the Police Chief’s jurisdiction, Sgt. Cooley stated he would update the Chief. The Board will write a letter to the Phillips informing them of what has taken place and invite them to the meeting. Peter Bates will also be informed of the time.
3. MINUTES
Christine Durgin moved to accept for purposes of discussion, the minutes of March 18, 2008. Nancy Allen seconded the motion and VOTED UNANIMOUSLY.
As there was not a full Board, the minutes of the March 25, 2008, meeting were tabled until the next regularly scheduled meeting.
4. PERSONNEL POLICY – HOLIDAYS AND HOLIDAY PAY
In reviewing a draft change to the Holidays and Holiday Pay portion of the Personnel Policy, Nancy Allen stated that Patriots’ Day and Veterans’ Day had been left out and should be included. Christine Durgin felt there was no need to meet with the Personnel Policy Review Committee for the proposed changes to this portion of the Policy. Dale Bull disagreed and cited the charge. The Board felt that the charge page is unclear. The Selectboard asked that the Personnel Policy Review Committee meet with it on April 15 at 6:00 to review this proposed change to the Policy. The Board concluded that at this time, there would be no need to add a statement in the Policy about working the day before and the day after a holiday.
5. GOULD WOODLOT CR
The Gould Woodlot Conservation Restriction (CR) was received from Town Counsel with minor revisions. It will be forwarded to Cynthia Henshaw at East Quabbin Land Trust and ConCom chair Bob Clark for their comments.
6. REVIEW DRAFT FY07 AUDITOR’S REPORT
A draft of the FY07 Annual Financial Statements and Management Letter were received from Town Auditor Daniel Haynes. His recommendation that the Town implement a policy that would designate expenditures of a certain dollar value as capital expenditures that are to be recorded as depreciable fixed assets was voted at the October 10, 2006, meeting of the Selectboard in which $10,000 was established as the lowest figure. Dale Bull noted that a copy of that vote was forwarded to Hirbour & Haynes on March 31.
7. DEPARTMENT BUDGETS
A. SELECTBOARD
Dale Bull presented budgets for the following: (2) Selectboard. Three percent (3%) increases were included for the Selectboard and the office assistant. It was noted that the Selectboard did not take its raise last year. Nancy Allen stated that the only reason for taking any salary increase this coming fiscal year would be for future Selectboard members. Due to pending postal increases, postage for mailing special town meeting postcards was increased by $240; dues and subscriptions increased $10; advertising decreased $100 and the remainder of the budget was level funded. In anticipation of the new zoning by-laws, zoning violations with regard to trailers and the Davenport property, Legal Fees (3) was level funded at $10,000 with the request that approximately $5,000 could be encumbered from the FY08 budget. Administrative Coordinator wages (6) and AC overtime (7) were increased 5%. Central Phone system (9) was level funded at $9,500. Dale Bull noted that when the Town decides to install the Town Hall alarm system, two (2) phones lines will be required. Installation of $150 was included and also $600 for monthly monitoring of the system. The AFC asked that the alarm company justify the reason for two lines. The audit (10) was level funded at $10,000 due to FY09 being the second year of a three-year contract. Town Hall and Office Building Maintenance (11) was level-funded at $5,000. Printing (16) of the AFC reports was decreased by $400. Printing of election ballots was deceased to $280 and printing of ballots for the handicap machine was added at $100. Insurance coverage (39) for workers comp audit, workers comp and property/casualty were-level funded. MIIA presented a premium of approximately $21,172 for police/fire accident. Massamont’s bid on police/fire accident was $6,509. Ross France asked if Massamont is bidding on ‘claims made’ or ‘occurrence’? MIIA has indicated that the reason for the spread in premiums is that Massamont has no history numbers and is using MIIA’s numbers. MIIA also indicated that as this is the same coverage, it is a very good premium. Inspector of Animals (43) was level-funded at $75. Bandstand lighting was level-funded at $500. Dale Bull stated that as the Bandstand was not lit during the holidays, there is still quite a bit of money in the account. The Town Clock account (52) was level-funded at $81 and Memorial Day (55) was level-funded at $550. Care of Common (56) was level-funded at $6,695. Health insurance (60) was increased to $43,212 to cover five employees. Software maintenance (62) was level-funded at $1,000. Retiree health insurance (63) was funded at $13,445 to cover 4 retired employees. Although electric rates and fuel rates are not yet available, the Town Hall and Office Expenses budget (28) was discussed. Fax cartridges were decreased by $50, office supplies were decreased by $200, post office box rental was increased to $104, custodial contract decreased by $767, and rugs decreased b y $10. Water testing was added at $400 and bottled water was added at $300.
B. ENTERPRISE
In discussion of the FY09 Enterprise Fund account, it was noted that if the Town no longer contracts to have a truck at the Transfer Station, the Monitor will be alone. It was agreed to ask the Petersham Police to provide more visible presence on Saturdays. The Monitor and the BOH will be notified.
8. CHAPTER 61A LAND TRANSFER – ARTHUR R. COOLIDGE TO JEREMY P. AND ASHLEY I. GABRENAS
Nancy Allen stated that ConCom and Planning have signed off on the Chapter 61A land transfer. Rick Marsh indicated last week that he was in agreement to waive the Board’s right of first refusal. After discussion, Christine Durgin moved the Board sign off on its right of first refusal with regard to land on Dugway Road being transferred from Arthur R. Coolidge to Jeremy P. and Ashley I. Gabrenas. Nancy Allen seconded the motion and VOTED UNANIMOUSLY.
It was noted a cover form had previously been used regarding the status of boards signing off on Chapter land. This policy will be reinstituted.
9. USE OF TOWN HALL BY TOWN RESIDENT
As previously discussed, the Board agreed that stipulations should be added to the use of the Town Hall by a Town resident and a youth group. A letter will be forwarded to the resident and ask that he sign a standard use contract if he accepts the stipulations.
10. REVISIT OF ANY DEPARTMENT BUDGET QUERIES
This matter was not discussed.
11. CORRESPONDENCE
The Board reviewed the following:
12. OTHER BUSINESS
It was noted that William Morgan’s trailers located at 18 Popple Camp Road remain on the property although the permit lapsed March 27, 2008. The Board asked that Ms. Pond and Mr. Morgan be requested to meet with it on April 8.
Dale Bull was asked by the Board to ascertain how many of the Nichewaug Inn Task Force members have been sworn in and to contact those who have not to find out if they remain interested in being a part of the Task Force. It is hoped that the Selectboard can call the first meeting of the Task Force on May 3. If there is a vacancy, Bob Paquet has expressed an interest.
The fees schedule for various departments was briefly discussed for a further review at the next regularly scheduled Board meeting.
Nancy Allen stated depending upon how the FY09 budget evolves, there might not be outside-of-the-box salary changes this coming fiscal year and the Selectboard and the AFC are anticipating an across-the-Board undetermined increase at this time due to an expected tight budget.
Roy Nilson presented a request to the Selectboard to again review the Nichewaug Inn deed with an eye toward a possible second easement, that being on his property. Nancy Allen asked that the Board be provided a copy of his deed for review.
The Board had previously requested from the Treasurer the balance status of the Flint Fund and the Hildreth, Dickman, McCarthy funds for use by PCS to offset its FY09 budget. Questioned by the Treasurer is the fact that the Flint Memorial Fund mentions compensation of the “physician” who has charge of rendering medical services to the School children. As the position of school physician no longer exists, the Selectboard is interpreting this Fund to be available to compensate the School nurse for services rendered. It was noted that the auditor agrees with this and recommends the funds be used. Nancy Allen noted that precedent has been set by prior use of the fund. Therefore, those funds available will be $8,600.00. The Hildreth School Fund, the McCarthy School Fund, and the Dickman School Fund total $5,100.00 and those monies can be used for support of the PCS. The Discovery Fund of $215.00 is to be used for expenses of the Discover Program and field trips, but not for any salary. The PCS will be notified of the amounts available.
The Board received the FY08 real estate bill for the Nichewaug Inn at 25 Common Street in the amount of $3,118.89. Nancy Allen stated that the bill would probably be paid from the Nichewaug Fund which holds funding that will be carried over from The Trustees of Reservations. She stated that $770 was paid to cover the period from July l through August 22 based on FY07 rates as the FY08 tax had not been set. Christine Durgin questioned paying taxes on Town-owned property. She requested that the Board of Assessors meet with the Selectboard to explain the reason and to provide a flow chart from January 1, 2007, showing who owed taxes and who owned the property. Dale Bull will contact the BOA.
Nancy Allen stated that she and Dale Bull reviewed the Town Hall Window/Door specs and they will be going out that week.
13. ADJOURNMENT
There being no further business, Christine Durgin moved to adjourn. Nancy Allen seconded the motion and VOTED UNANIMOUSLY. The meeting adjourned at 9:45 p.m.
Respectfully submitted,
Christine Durgin, Vice-chair