SELECTBOARD MINUTES
Regular Meeting
May 13, 2008
6:00 p.m.
Present: Nancy Allen, Christine Durgin, Rick Marsh
Others present: Joe Mitko (ADN), Administrative Coordinator Dale Bull, Linda Paquet, Betty Davis, Norman LaPointe, Officer Randy Horne, Police Building Committee members Denis Legare, Dana Cooley, and Jim Patrick, AFC members Bob Bellefeuille, Jim Regan, Fred Richards, Ross France, and Dave Davis, Mike Leonard, Bob Clark, Bart Wendell,
Chair Nancy Allen called the meeting to order at 6:10 p.m.
1. MINUTES
The meeting minutes of April 29, 2008, and May 6, 2008, were tabled until the next regularly scheduled meeting.
2. SIGN 6/2/08 STM/ATM WARRANTS
Christine Durgin moved to sign and post the Special Town Meeting for June 2, 2008. Rick Marsh seconded the motion and VOTED UNANIMOUSLY.
Signing of the Annual Town Meeting warrant was tabled until the next regularly scheduled meeting.
3. MEETING RE: CREATION OF ENERGY COMMITTEE
Town residents Linda Paquet and Betty Davis met with the Selectboard to discuss the creation of a new energy committee to research energy used in Town buildings and to help reduce those energy needs in the buildings and in Town residences. Linda Paquet stated that she was looking at a five-to-seven member committee and provided names of four residents who might be interested in volunteering to work on the committee. Her volunteering to advertise for committee members was supported by the Selectboard. Nancy Allen stated that the Board asked that she and Betty Davis come back to the Selectboard with a draft charge, overview of committee goals, and a list of potential committee members.
4. MEETING WITH HIGHWAY DEPT. SUPERINTENDENT RE: SNOW ACCOUNT
Nancy Allen thanked Highway Supt. Norman LaPointe for his assistance in planting a new maple on the North Common and for removal of metal from the back of the Nichewaug Inn. Discussion then turned to discussion of the FY08 Snow Account. Fifteen thousand dollars for rental of Town equipment was questioned. Norman LaPointe stated that few towns are still handling the use of equipment in this manner. There is no line item for machinery maintenance. Instead, he has a machinery maintenance account which receives its funding from the General Highways Account, the Snow Account, and Chapter 90 money. He stated that he estimates use of vehicles (ie. the dump trucks and the front end loader) used in snow removal and then charges the Town a rental fee.
Norman LaPointe stated that he understands that there is the possibility of the start-up of a new consortium for sand and salt which will be located in Barre. He will be checking in August for additional information.
5. MEETING WITH CHIEF LEGARE – RE: HEARING ENFORCEMENT OFFICER POSITION
Nancy Allen referred to correspondence between herself and Chief Legare which he emailed to the Selectboard regarding reappointment of the Chief as Hearings Enforcement Officer. She discussed the State-mandated $2,500 for a Hearings Officer, stating that the Board was looking at all Town finances and where this money might be spent regarding an underpaid Town employee. She stated that the Board did not solicit a list of eligible individuals for this position. Dale Bull wanted it on record that she had been requested at the April 22, 2008, Selectboard meeting to provide a list of eligible people for this position and that this request was reflected in the approved and signed copy of the April 22, 2008, minutes. Christine Durgin stated that the Town needed to use limited resources and this position would take time away from the Chief’s duties. Denis Legare responded stating that any hearing would be scheduled at his convenience, most likely nights and weekends, and would not interfere with his regular job. Rick Marsh stated that since this is State- mandated, it has to happen and the Board should not try to use it toward an equitable level of salaries. He also stated that the Town should not use funds to train another individual, as the Chief is already trained. Chief Legare stated that at time of his contract negotiations with the previous Board, this position was left outside the contract. Nancy Allen stated this position had not been a part of his 2006 contract negotiations. The Board reviewed MGL 148A:5 regarding payment of this position. Nancy Allen expressed difficulty in interrupting the section. Rick Marsh stated he felt it was worded clearly that the stipend should be for the Municipal Hearings Officer.
6. MEETING WITH POLICE STATION BLDG. COMMITTEE
Committee members Police Chief Denis Legare, Sgt. Dana Cooley, and Jim Patrick met with the Selectboard to update. Sgt. Cooley stated that the Committee has met with the contractor and architect and voted to proceed with the construction. A contract should be available by next week for signature by the Selectboard. Sgt. Cooley noted that the Police Department members will be taking on some of the work to keep the price down. The Highway Department will be doing site work and this will result in a healthier contingency budget. The construction figure at this time is on target for approximately $220,000. Nancy Allen asked that the Board receive the contract prior to it being sent to Town Counsel for review.
7. EXECUTIVE SESSION – CHARGES OF CRIMINAL MISCONDUCT
7:15 p.m.- Nancy Allen stated the Board would be going into executive session to discuss charges of criminal misconduct and that business would resume in open session upon completion of executive session. Christine Durgin verbally moved to go into executive session. Rick Marsh verbally seconded the motion and the Board verbally VOTED UNANIMOUSLY. The regular session resumed at 8:00 p.m.
8. MEETING WITH AFC
The warrant with Town Counsel’s comments was reviewed. On the Special Cemetery Repair Fund, it was agreed to take the $2,000 from the Consolidated Cemetery Fund I and II. The AFC asked that the Stabilization Fund deposit article be moved to the end of the money articles. The Transfer Station will be paid from the fees account and free cash. There is still no word from the Accountant about the Enterprise Free Cash deficit. Dave Davis stated that the AFC has agreed that $2l,000.00 will be a debt exclusion vote to paint the Town Hall. A discussion followed regarding how to pay for the borrowing cost. One suggestion was to use the Treasurer’s interest account. Nancy Allen will talk with the Treasurer. The article to put funds into Stabilization was moved to the end of the money articles.
Dave Davis asked that a meeting be set up to discuss budgets with all departments. It was agreed that the meeting will be held Tuesday, May 20 at 7:00 p.m. in the Lower Town Hall.
Christine Durgin left the meeting.
9. MEETING WITH BOH CHAIR RE: REVOLVING FUND
BOH chair Fifi Scoufopoulos was unable to attend the meeting.
10. NICHEWAUG INN EASEMENT RE: ROY NILSON
Nancy Allen stated that she will speak with Roy Nilson about his needs concerning removal of a requested easement. This matter will be discussed at the next regularly scheduled meeting.
11. TOWN HALL KITCHEN SINK
Some confusion continues with Assured Service who presented a quote for installation of sinks in the Town Hall kitchen. In a letter Eric Chaffee states that his proposal includes prevailing wage; however, his secretary stated that he was a sole proprietor. The company was asked for clarification by Monday May 12, 2008, but no response was received. Nancy Allen stated that Christine Durgin will be asked to follow up on the status of the company.
12. PERMITS
Rick Marsh moved to renew the following business permits and Christine Durgin seconded the motion:
-Jane Duderstadt, Jane’s Heirloom Tomatoes, for a farm stand at 5 North Street, July 4 through September 15, featuring organically home-grown vegetables;
-Renee Wingertsman, R & M Caning, for a seasonal tent at 46 New Athol Road selling crafts, caned furniture and antiques.
The Board VOTED UNANIMOUSLY.
13. CORRESPONDENCE
The Board reviewed the following:
14. OTHER BUSINESS
The Acceptance of land Use and Management Plan for the Gould Woodlot was presented for signature by the Selectboard chair. Rick Marsh moved that Nancy Allen sign the Management Plan on behalf of the Town of Petersham. Nancy Allen seconded the motion and with Christine Durgin not present, the Board VOTED UNANIMOUSLY.
Dale Bull presented information on her conversation with Lisa Price, Deputy General Counsel for the Department of Occupational Safety who stated that her job was to answer questions about prevailing wage. Lisa Price sated that if a company is owner-operated or independent contractor and the owner does the work alone, he does not pay himself prevailing wage. If he hires one person, that individual is entitled to prevailing wage.
15. ADJOURNMENT
There being no further business, Rick Marsh moved to adjourn. Nancy Allen seconded the motion. With Christine Durgin not present, the Board VOTED UNANIMOUSLY. The meeting adjourned at 9:55 p.m.
Respectfully submitted,
Fredrik A. Marsh, Clerk