SELECTBOARD MINUTES
Regular Meeting
April 8, 2008
6:30 p.m.
Present: Nancy Allen, Christine Durgin, Rick Marsh
Others present: Joe Mitko (ADN), Administrative Coordinator Dale Bull, Peter Bates, Zoe Bates, Fran Phillips, Dave Phillips, Officer Horne, Roy Nilson, Lynn Shaw, Fraser Sinclair, Brianna Skowyra, Cynthia Henshaw, Jim Ermini, Josh Patriquin
Chair Nancy Allen called the meeting to order at 6:34 p.m.
1. MINUTES
Rick Marsh moved to accept for purposes of discussion the minutes of March 25, 2008. Nancy Allen seconded the motion. With amendments and Christine Durgin abstaining, Rick Marsh and Nancy Allen VOTED IN THE AFFIRMATIVE.
Minutes of the April 1, 2008, meeting were tabled.
2. APPOINTMENTS – CHRISTOPHER HARRINGTON TO PD
Chief Denis Legare requested the appointment of Christopher Harrington as a reserve, part-time patrolman for the Petersham Police Department through June 30, 2008, with an hourly wage increase to $13.00 per hour, as he has completed the 90-day probationary period. Christine Durgin motioned to approve the appointment and Rick Marsh seconded the motion. The Board VOTED UNANIMOUSLY.
3. MEETING WITH DOG OFFICER RE BATES’ DUCKS
Dog Officer Andy Ohlson presented his report to the Selectboard regarding the March 30, 2008, attack by two Brittany spaniel dogs owned by Fran and Dave Phillips of Oliver Street on ducks owned by the Bates family on East Street. Mr. Ohlson stated in his report that he concluded the dogs were without restraint and with voice command. He issued a citation for violation of Town by-laws Article XIII. SECTION 1.c. a public nuisance when attacking persons or domestic animals and SECTION 1.d. allowing dogs to run at large. Mr. Ohlson noted this is the second or third time the Phillips’ dogs have been responsible for killing livestock in Town and there is a lengthy history of the dogs being at large and free from restraint. Mr. Ohlson advised Peter and Zoe Bates of their rights, noting that the Phillips were responsible for damages and veterinary costs. Mr. Ohlson
recommended the Town issue a legal order to the Phillips stating “any dog leaving captivity from your home or kennel shall be leased or under restraint in the Town of Petersham”. He added that if “any violations are documented, observed by citizens, Police, Animal Control, or Selectboard members, then the Phillips will lose their right to a kennel license in the Town of Petersham”.
Dave Phillips offered assistance in fortifying the ducks’ pen. Peter Bates noted that he would like to have the ducks free range in his yard, but will be unable to do that at this time. Fran Phillips noted that the Dog Officer had inspected her kennel and noted that the fence was adequate and her records were up to date. Zoe Bates, age ten, accepted an apology from Fran and Dave Phillips. Officer Horne noted numerous occasions when the doges have run free.
4. MORGAN TRAILER PERMIT
A discussion ensued regarding the fact that trailers remain on the Morgan property at 18 Popple Camp Road even though the trailer permit expired March 27, 2008, and the Morgans were informed of the expiration date at the October 2, 2007, Selectboard meeting they attended. Nancy Allen stated that the Board’s expectations for removal of the trailers was made clear at that time and followed up in a letter. Christine Durgin moved to send a letter Donna Pond and William Morgan stating that as of April 16, 2008, if trailers or any trailer parts remain on the property at 18 Popple Camp Road, a $50 per day fine will be instituted per Town By-laws, 1952, as amended, 2007, ARTICLE IX, TRAILERS, TENTS, OR MOBILE HOMES, and ARTICLE I, GENERAL PROVISIONS, SECTION 5. Rick Marsh seconded the motion and VOTED UNANIMOUSLY. The Board asked that the letter be hand-delivered by a police officer.
5. MEET WITH PLANNING BOARD RE: GROWTH MANAGEMENT BY-LAW PROPOSED CHANGE
Planning Board chair Lynn Shaw and Board member Fraser Sinclair met with the Selectboard to discuss the draft Rate of Growth By-law. She stated that the Planning Board is seeking an extension of an additional five years beginning this year, and she has been in touch with Bob Richie in the AG’s office who stated that the by-law must contain a date, but would not at this time provide any additional information on the likelihood of it being accepted by his office. She further stated that the eight (8) permits to be issued in a given year should be changed back to six (6) and has been changed on the version that will be presented at the hearing on April 17, 2008. Lynn Shaw requested permission from the Selectboard to speak to Town Counsel before the hearing next week. Christine Durgin moved that Planning Board chair Lynn Shaw be permitted to speak with Town Counsel regarding the proposed Rate of Growth By-law change. Rick Marsh seconded the motion and VOTED UNANIMOUSLY. Building Inspector Brianna Skowyra, who enforces the zoning by-laws, indicated that one clarification she would like to see is in 1.1.3.1. of the draft in which it mentions applying for a building permit in the same one-month period. She asked if that means a calendar month or a 30-day period. Lynn Shaw and Fraser Sinclair agreed that that should a 30-day period and will make the change. Under 1.1.3.4, Brianna Skowyra stated that the building code states she must either issue or deny a permit within 30 days of receipt and this portion of the by-law contradicts that code. She asked for clarification in the by-law. It was also noted that the Severability clause in the proposed by-law was erroneously removed. That section will be in the draft submitted for the hearing.
6. GOULD WOODLOT CONSERVATION RESTRICTION SIGNING
Cynthia Henshaw from East Quabbin Land Trust (EQLT) presented the final version of the conservation restriction (CR) on the Gould Woodlot property, noting the document had been vetted through a number of boards and agencies, some being EQLT, the Open Space Committee, the Conservation Commission, the Selectboard, the State Division of Conservation Services, and Harvard Forest. She asked that the Selectboard approve and sign the final document. She stated that this was a four-part signoff, being EQLT, the Petersham Conservation Commission, the Petersham Selectboard and the State Secretary of Energy and Environmental Affairs. Rick Marsh move the Board sign the Gould Woodlot Conservation Restriction. Christine Durgin seconded the motion and VOTED UNANIMOUSLY. Jim Ermini notarized the document.
7. DEPARTMENT FEES SCHEDULES
Tabled until the next regularly scheduled meeting.
8. USE OF FLINT FUND
At its April 1, 2008, meeting, the Selectboard agreed 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 interpreted this Fund to be available to compensate the School nurse for services rendered. Therefore, those funds available will be $8,600.00 and that PCS would be notified of the amounts available to offset the FY09 budget. In a memo received from Town Treasurer Dana Robinson, he questions the Board’s interpretation and again refers to the Probate Court decree of June 21, 1965, adding that he will not be able to support the use of these funds for this purpose. Nancy Allen noted that precedent has been set in using the Flint Fund in the past for nurse’s expenses and the Town Auditor has requested that the Town begin using this fund. Christine Durgin stated that it seems clear that the Treasurer will not approve the spending of this fund without legal counsel and moved that the question of use of this fund be sent to Town Counsel for an opinion. Rick Marsh seconded the motion and VOTED UNANIMOUSLY.
9. NICHEWAUG TASK FORCE STATUS
It was noted that eleven members of the Task Force have been sworn in. Nancy Allen stated that Robert Paquet has asked to be a member. Christine Durgin moved to appoint Robert Paquet to the Nichewaug Inn Task Force through June 30, 2008. Rick Marsh seconded the motion and VOTED UNANIMOUSLY.
The Selectboard set a date of May 3, 2008, at 9:30 a.m. in the Lower Town Hall for the first meeting of the Nichewaug Inn Task Force.
10. ENTERPRISE FUND MEETING WITH FIFI RE: LETTER FROM DEP AND ADDITIONAL EXPENSES.
Tabled until the next regularly scheduled meeting.
11. REVIEW DAVENPORT PROPERTY BIDS
Nancy Allen stated that since the question remained as to whether Allied Appraisal Associates is yellow-book certified, she had contacted the company’s secretary who also did not know. Christine Durgin will try to obtain that information. The matter will be discussed at the next regularly scheduled meeting.
Nancy Allen stated that she had talked with Leigh Youngblood at Mt. Grace and had been informed that the June 2008 deadline for completing the Conservation Restriction (CR) will most likely be extended six months. Nancy Allen also learned that the appraisal request needs the final CR included in the package. Dale Bull will continue to check with Leigh Youngblood to confirm when the extension is in place and with Bob Clark for a CR completion date.
12. PERMITS
Beth Cummings submitted a request for a 4th of July parade permit. Rick Marsh moved the Town of Petersham sponsor the 4th of July parade to be held July 4th, running from the Common, around the Old Maid’s Mile and ending on the Common, with Beth Cummings coordinating events for the parade, that Beth Cummings will check with appropriate boards regarding food items being sold, and that she will also notify any participant with a horse that the horse is the responsibility of the owner and would fall under the homeowner’s insurance. Christine Durgin seconded the motion and VOTED UNANIMOUSLY. Beth Cummings also requested that a banner be hung on the Bandstand. Rick Marsh moved to grant the request of hanging a 4’ x 8’ banner on the Bandstand with wording “Petersham honors our troops parade” and further stipulating that 1) if the banner is hung before June 29th (date of the first band concert), that it not block the view of band members by any spectators; 2) that as there is currently a Bandstand Decoration Committee, that she notify Glenn Tattan, chair of that Committee, prior to any hanging, and 3) that the banner be removed by July 5, 2008. Christine Durgin seconded the motion and VOTED UNANIMOUSLY.
13. CORRESPONDENCE
The Board reviewed the following:
14. OTHER BUSINESS
Christine Durgin moved to sign the Waiver of Right of First Refusal regarding property of Arthur R. Coolidge located on Dugway Road and being transferred to Jeremy P. and Ashley I. Gabrenas. Rick Marsh seconded the motion and VOTED UNANIMOUSLY.
Christine Durgin moved to sign a Confirmation of Understanding of services rendered by Town Auditor Daniel Haynes of Hirbour & Haynes, P.C. for the FY07 audit. Rick Marsh seconded the motion and VOTED UNANIMOUSLY.
The Board discussed the need for two telephone lines into the Town Hall in connection with the alarm system. Dale Bull stated that in checking with Greenwood Alarm, she was informed that a monitored system requires a duel redundancy line, meaning two lines of communication. This is a Massachusetts code requirement and as the Town does not control the COA line, two new lines would need to be installed.
The Board had previously requested from the Highway Superintendent a breakdown of all FY08 snow accounts. The response received was not as broken down as wished and therefore, the Selectboard requested a further breakdown of regular and overtime for each employee and also the number of house worked at regular and overtime for each employee. It was mentioned that the Town Auditor has recommended that the Town consider a payroll study.
John Patriquin stated that someone had told him that he had been mentioned in the newspaper and he was at the meeting to ask what that was about. Dale Bull presented him and the Selectboard with a copy of letter sent to him on April 2, 2008. He stated that he had not received the letter which was in response to his request to use the Town Hall for youth activities. The letter mentions several stipulations for use of the Building and asks that if Josh Patriquin is in agreement that he come into the office to sign the standard contract for use. A short discussion followed as to plans Josh Patriquin has for Building use.
The Board discussed the Nichewaug Inn tax bill and agreed to send a certified letter to Deal, owners of record prior to the Town’s ownership, asking that they pay the approximately $3,000 due in taxes. The Selectboard will draft a letter.
15. ADJOURNMENT
There being no further business, Rick Marsh moved to adjourn. Christine Durgin seconded the motion and VOTED UNANIMOUSLY. The meeting adjourned at 9:21 p.m.
Respectfully submitted,
Fredrik A. Marsh, Clerk