MINUTES OF MEETING
SELECT BOARD
Monday, September 26, 2011
Held at the Office of the Select Board
20 Memorial Drive
New Braintree, MA 01531
Beginning at 6:30 with Meeting of Town Officials
Oakham and New Braintree to Discuss
QRSD FY12 Budget
PRESENT: Chair Martin Goulet and Selectmen C. William Howland and Robert Hunt were present. M. Goulet opened the meeting at 6:30 p.m. with the Pledge of Allegiance.
GATHERING: Anne Cody, Lee Tavares, Eliot Starbard, Lisa Hubacz, Dennis Bergin, Donna Derrico- Sands, Paul Rochette, Steve LaBarre, Eleanor Downer, Brad Minor, Susie Mulliken, Bert DuVernay, Ruth Frechette, Les Miller, Paul Thompson, Joan and Bill Metcalf, Richard Ayer, Tina DeVries, David Thompson, and Katie Tyler as secretary.
DISCUSSION: Marty opened the discussion between the Finance Committees and Select Boards of both Towns to discuss the latest round of efforts regarding the budget for the QRSD. Several of those present attended a Budget Subcommittee meeting a few weeks ago at which time no action was taken and subsequently the School Committee took no action. Therefore, we are being presented again with exactly the same budget. Marty paraphrased the September 14th letter from Dr. Marshall saying that Oakham and New Braintree did not correctly word their Articles for their last Special Town Meetings. He then stated that the group needs to discuss whether it has any reaction to put in a letter and New Braintree needs to set a date for a Special Town Meeting later on in its Board meeting tonight. Marty then opened the floor.
Eliot Starbard said that Oakham has set October 17 at 7:00 p.m. for their STM. He also indicated that “we have to get out the vote.” Marty asked if anyone else besides himself thought there is another opportunity to send a letter to the state representatives to outline the lack of action on behalf of the School District and maybe request a meeting. Donna Derrico-Sands voiced that she felt we should meet with the representatives and invite the Commissioner to the meeting. Marty believes we should show the increased spending on salaries by $800,000 to the representatives along with the School Committee’s refusal to discuss it. Eliot indicated it upsets him that the School Committee doesn’t want to accept the problems of the Towns and he believes the position of Assistant Superintendent is unacceptable—it is obviously not working to have a shared superintendent. It would be less expensive to the Towns to have a full-time superintendent. There was some discussion about how it would be good to have some support voiced from the other towns. Marty mentioned Dr. Marshall’s suggestion to the Agreement Committee that the District might give more control of the elementary levels to the Towns so that they could make cuts there and save money; however, our services have already been greatly reduced even though our assessments have risen. There are no areas in the elementary levels that can be cut.
Bob Hunt says he believes the School Committee thinks it’s our responsibility to pay these assessments and emotional response does not affect them. We need to get them to sympathize with the Towns’ other responsibilities.
If we had a meeting with our representatives and Commissioner Chester, the representatives could help put the pressure on for a level-funded budget. Level funded would mean a $1.8 million cut and at least a half-way compromise would be helpful if QRSD were willing to work on actual cuts. While QRSD’s insurance and expenses are going up, so are the Towns’, and the School District needs to accept that. A responsible budget makes cuts when unexpected expenses cause problems. Anne Cody asked if there had been evidence that the School Committee would negotiate with the Towns and everyone said no. She said we need to be detailed and thorough and follow up. We also need our state representatives to negotiate for us. Donna said we need to outline what the New Braintree/Oakham cuts have been, i.e., what our tax rates are and what we have had to cut from our own budgets. Oakham hasn’t given a raise to their employees in the last three years until this year when they finally gave a 2% one.
Les asked if anyone knew whether the District is in violation of any state law for not re-examining the budget. Eliot said the law says they can readjust it or send it back. There was some discussion about asking K&P. The law says, Marty indicated the “District must reconsider the budget based on the issues raised,” so it is rather subjective. The District believes they “reconsider” just by listening, not by making adjustments to the budget.
A few dates were picked to invite our representatives and Commissioner Chester, plus the Boards of the other District Towns. The two dates chosen were Tuesday, October 11 and Thursday, October 13, both at 5:00 p.m. in New Braintree. A joint invitation will be sent.
Marty then asked if there was any interest in pursuing leaving the District and whether we should form a study committee to address this issue after the budget is settled. There are definitely pros and cons. Eliot doesn’t feel it will be different anywhere else because no one has any money. Anne asked if procedurally Oakham and New Braintree had to have another Town Meeting because we didn’t follow the letter of the law; the answer was no, it is because the School Committee has submitted the budget again for consideration. They can do that three times. Then the Department of Elementary and Secondary Education will set the budget if the Towns cannot agree with the School District. Anne thought we should spell it out quite simply for the voters as people might not fully understand what is happening. Bob said that we should continue to stress that we can’t afford to pay our personnel, we can’t afford to keep our equipment running, and we can’t afford to make any updates in the Town. We’re looking for help from the School who does have the ability to make cuts. He suggested that we use the two Town websites to post information. Bill pointed out that the school will use the 911 and e-mails to get people to vote. Eliot wanted to know if the number of people living in Oakham and New Braintree and working in the two schools has changed since the merger. We don’t know the answer to that. Oakham puts out a Finance Advisory and posts it in the Library, Post Office, website, etc.
Brad Minor asked if it had ever happened that the Department had to go into a District and set the budget as of December 1; yes, was the answer. Brad asked who prevailed and Eliot answered that the Town’s taxes went up so Brad said that the school prevailed. Maureen has also already said she is confident that the Department will uphold the District’s budget.
There was discussion about the wording of the Article and Katie asked for a copy of Oakham’s Warrant which they will be posting next Monday.
This portion of the meeting adjourned at 7 p.m.
APPROVAL OF MINUTES: Bob Hunt made a motion to accept the minutes of the September 12, 2011, meeting as read; Bill Howland seconded the motion and it was unanimously passed.
PUBLIC FORUM:
Paul Thompson and Cindy Cheever were present for the Board of Health to discuss the issue with the Barre Cut-off Road beaver situation. Paul had written a draft of a letter to the Stillmans, which he presented to the Board for review; he wanted advice on editing as he feels there have been lots of misunderstandings relative to the beaver issues and he wants to get things in writing between the Board of Health and the Stillmans. Bill Howland asked if the Stillmans had ever responded to the letter earlier this year the BOH had mailed them. Paul said no, so it was suggested that this letter be sent Certified Mail, Return Receipt Requested.
Paul indicated that Genevieve had agreed at the ConComm meeting on September 13th to putting in a flow device and lowering the water. The water was lowered by Beaver Solutions, but the flow device was not installed. He feels that the e-mail Genevieve sent to Cindy turns the whole issue back over to the Town whereas both Paul and Bill Howland heard Genevieve say (at the 9/13 meeting) that she would pay for the flow device and trapping the beavers. Cindy has concerns about pushing the Stillmans because she says they have been cooperative so far; Bob asked if she had an understanding with them that was in conflict with this letter being sent to them. Cindy said she took responsibility for taking matters into her own hands and not keeping Paul and Howard up to date, but she had been working with Genevieve and felt she was cooperative. Paul said there seems to be a misunderstanding in that the Stillmans thought that the BOH and Mr. Metcalf did not want a flow device installed and that is why Beaver Solutions has not yet done so. Paul said the e-mail from Genevieve states they breached the dam and then turned it over to us; he feels that is not cooperating. Cindy didn’t hear her say she would pay for the trapping of the beavers, just the flow device. Bill heard her say that she would pay for the trapping even though she didn’t want to do so. Marty said this is why we need a copy of the ConComm minutes so that we can verify what was said. Paul disagrees with Cindy about the cooperation because saying that Town has to handle everything is not cooperating. Cindy is concerned about the health issue and wants to get it taken care of—Mike Callahan of Beaver Solutions had breached the dam and had said he installed the device. Paul talked to him today, however, and Mike had NOT installed the device because the Stillmans had told him the BOH and Mr. Metcalf didn’t want it.
Mike Callahan had recommended the beavers be trapped immediately so the pond wouldn’t go back up to the old level. Bill says the same thing happened at the Hunter Farm; the flow device was actually put in there, and then the beavers were supposed to be trapped, but then there was an agreement between Mr. Hunter and the Chair of the ConComm to only put in the flow device.
Paul said if you read the second page of BS’s letter, Option 1 is to keep trapping beavers indefinitely and then it has to be re-breached all the time. Option 2 is the flow device. Bob feels this is very difficult to resolve unless everyone gets together; even the BOH can’t reach an agreement for
which he places no blame but feels everyone should get together to discuss it. Cindy said again she takes responsibility; she sees the Stillmans pushing back and doesn’t blame them; she had a conversation with Genevieve in private and Genevieve was in agreement to pay for Beaver Solutions to put in a flow device. Paul reiterated again that when he talked to Mike Callahan, Genevieve had changed her contract with him because of the misunderstanding and had not paid the $1200. She paid a lesser amount to have him breach the dam with the option of putting in a device later. Marty pointed out that it is extremely important to know what the outcome of the ConComm meeting was because the Stillmans should have left that meeting with some direction to take. It was the Board’s understanding that the direction per the ConComm would be to install the flow device and if they haven’t done that they should be held in violation of the directive of the Town of New Braintree to take care of this public safety issue, and Marty is very disappointed about that. Cindy said that at the ConComm meeting what she heard was that Genevieve agreed to lower the water to within the banks of the stream as it was originally as that is what Mr. Metcalf wanted. Bob pointed out that Bill heard her say that she would pay for both the flow device and the trapping. Ruth Frechette spoke up to say that she was at the meeting as well, and she heard that they were going to come in to lower the dam, put in the device to keep it low and trap the beavers. Mrs. Stillman and her husband were going to pay $1200 plus another $275 for maintenance for a year. She said Dave would remember the same thing. That’s exactly what Bill remembers and what the Metcalfs remember as well. Marty said the issue of trapping the beavers seems to have come after the fact, not at the meeting as was reported to him; he is in full support of the Town paying for the trapping of the beavers. Joan spoke up and said she asked specifically about the removal of the beavers three times at the 9/13 meeting because she wanted to know they would be removed. Mrs. Stillman told her they would be. Bill said the question came up after everyone else had left and Eric Nelson asked Mrs. Stillman if she was going to pay for the removal of the beavers and she nodded yes. That probably won’t be in the minutes. Cindy is worried about going after them for the beavers even though the BOH has the right to do that; Paul feels that if you have a proper flow device you don’t need to trap the beavers. That works, he says, at the Hunter place. Bill Metcalf spoke up and said that Mike Callahan told him the day he breached the dam that the beavers had to be removed or it wouldn’t work.
The Select Board was frustrated that nothing had happened to resolve this situation. Cindy said the trapper was going to come out Friday and she got permission from Les and Bill for the Town to pay. However, the trapper didn’t come because Paul wouldn’t sign the permit as he felt the Town should NOT be paying for the trapping of the beavers and he wanted to make sure the trapper had liability insurance; Marty said we need to take action so the right thing can be done. Cindy says the right thing is to trap the beavers to fix the health situation; fixing the health situation is paramount. This has gone on too long. Paul and Cindy disagree with each other; Cindy says Mrs. Stillman and she were talking daily on the phone and computer and everything halted because Paul wouldn’t sign the permit. Cindy needs someone to sign the permit. Paul asked what stopped with Mrs. Stillman at that point and Cindy said nothing—Genevieve just wanted the trapper’s license number and phone number. Marty feels that Mrs. Stillman believes she can call the shots on this because she is Chair of the ConComm and Cindy agreed and is unhappy because things are being pushed off on the Town; however, nothing matters to her but getting the health situation for the Metcalfs fixed and Marty agreed. Marty asked Paul if he would sign the permit so the beavers could be trapped. Paul said he came to the meeting to get a consensus from the BOS to see if they want to trap the beavers and pay. There was some discussion about the letter to the Stillmans and what it should say and the need for the beavers to be trapped, the flow device installed, and the water level lowered. Bob said he hasn’t heard why we haven’t actually
had the Stillmans come in and sit down with us. Paul indicated he asked them to come, but they said they would not attend a meeting. Paul said he’s mainly asking about the trapping. Marty says there’s no problem with this—we have to get this done and get the situation moving. Bob asked how we follow up to make sure it doesn’t continue to be a problem. It’s really not a Select Board issue—it’s a BOH issue. Cindy feels the e-mail from Genevieve gives the BOH permission to go on the Stillman property and take care of matters.
Marty said the letter Paul prepared was good but the second paragraph should be changed to say, “The BOH witnessed the decision made by the ConComm to require you to install the flow device and you agreed to do the same. It was also decided that you would remove the beavers.” Hopefully, the ConComm minutes will show this as so many people heard it. There was a brief discussion about who might have taken the minutes that night. Les made the point that the letter should state how far upstream the flow device should be installed. Paul indicated Mike Callahan said it should just go slightly above the dam and the water would stay within the banks. Les said the water is already backed up and Bill said it’s flowing on the road. This is another issue, says Cindy, because a flow device means there has to be a small pond and the Metcalfs don’t want a pond; it should be within the stream banks. Susie said Mike Callahan told her the device would not work in a stream; he said the fence is what is the problem and maybe the Stillmans could move the fence back. Paul said he had spoken to them about it and they said maybe in the spring when they had more time. He also spoke to them about removing the dam after the beavers were trapped, but they said they are too busy to do that and don’t want the cows to get out. Bottom line, says Cindy, is to get the beavers out now. Paul is only in agreement if some kind of device will be installed. No one is in disagreement on that, said Marty, but the Stillmans have failed to comply. If they don’t do it, the Town should do it and put a lien on their property. The other thing Marty wanted to ask was about making a connection between the beaver dam and the well. Is there not a test to show the source of contamination? Cindy says it’s a test of $800 and Marty feels it should be paid. Eric Nelson said he is not convinced we could prove that because it could be flow of water or dirt. We don’t need proof says Cindy, because when she spoke to the Attorney General’s Office Cindy was told that even if the BOH SUSPECTS contamination they have a right to issue an order.
The revisions in the letter included changing a word in the third paragraph to “demands” or “requires.” Bob said if Cindy has an open communication with Genevieve that, by all means, she should continue to pursue it. The letter should also be sent. Cindy asked Paul to get a beaver trapper. There was discussion about when the letter should go out and if a three-day reply is reasonable. The AG recommended 12 hours, so three days is very reasonable. Paul said he wanted to get the letter out tomorrow; there was discussion about Bert delivering or sending it certified. Bill Howland interjected that at the 9/13 meeting, Mrs. Stillman had said that “we have to teach Richard how to maintain the devices,” and Bill says it’s not Richard’s responsibility—it should go in the letter that the maintenance is the Stillmans’ responsibility. Adjustments were made to the letter and Susie suggested that Katie type it right away so that Bert could deliver it to the Stillmans’ home this evening.
Bob asked if the ConComm taped their minutes. No one thought they did. Ruth spoke up and said that she would get on the other side of the table if something involved her personally on the Finance Committee. She felt it was intimidating to have Mrs. Stillman presiding at the 9/13 meeting. Marty asked if Genevieve recused herself; Cindy reported that her Commission said she should but she did not and she presided over the meeting. Marty indicated that this was a state conflict of interest law and that she shouldn’t have anything to say about any beaver issue, including the Hunter farm, because she has shown herself to be incapable of acting in the Town’s best interest. Bob said this was a very subjective thing to say and if that proves to be true, we should confront them. The decision here should be based
on the Board of Health recommendation and the witnesses here. Marty was glad Bob brought that up because he wanted to suggest that the Select Board write Mrs. Stillman a letter requesting her resignation from the ConComm as she as shown herself to be unable to work for the best interests of the Town on several occasions, i.e., working with the Highway Department, her own dam and the Hunter Farm dam. He believes this is justification for having this conversation with Genevieve about resignation. Bob wouldn’t second it without bringing someone in to explain. Someone asked if wouldn’t she be entitled to a hearing first and Bob said of course. Bill Howland said he was glad he came to the 9/13 meeting because it started with the Hunter Farm. When we had the Thursday night meeting on September 8 of the Board of Health, the ConComm where 3 of its members were present, and the Select Board, it was agreed that the flow device would be installed on Wine Road and it was never discussed that it would go in at the Hunter Farm. The Hunters had agreed to come in to sign papers with Richard and Katie in the afternoon for trapping; they never came in because Genevieve called them about the flow device and no one on the ConComm said anything to disagree with it. It was obvious at the meeting that she had called the Hunters and convinced them not to sign the papers and she said they would put the flow device in—Bill didn’t think a vote had been taken. The woman Bill believed to be Mrs. Hunter said they would not trap the beavers. Marty said we had received a letter from North Brookfield saying they were concerned about the well water protection there and wanted to trap there.
Bob said we need to address anyone in this community or other departments who have to go through Highway so that they understand that in the future, anything that has to do with Highway should come through the Select Board. Marty would like to do this now because Mrs. Stillman has unilaterally acted as one member of the ConComm to tell Richard what to do; Bill said that we do have to put this in writing so that everyone understands, especially that flow devices and maintenance will be the responsibility of either the landowner or the ConComm and not the Town.
Katie gave the letter to the BOH to sign and it was turned over to Bert to deliver. Paul will sign the permit along with Cindy and get a trapper in who has liability insurance.
The Board agreed to move on to other business.
REPORTS OF BOARDS, COMMITTEES and NEW BUSINESS:
The Treasurer had several forms for signature for borrowing in anticipation of the receipt of revenue from Chapter 90 for the West Road Project.
EQLT had submitted a request for a letter of support for the Rail Trail. However, since we are in the process of preparing for the Hardwick/Ravine Road project, the Board agreed that now was not an appropriate time to give support even though they think it’s a great thing.
The Highway Department had nothing new to report except that they are continuing to patch the roads from storm damage and working on the salt shed on rainy days. The engineering document to do further research for the state on the bike path on Hardwick/Ravine Road from Coler and Colantonio is his only other concern. This is a $7,600 fee which will eventually come from Chapter 90 monies. He wanted to make one change on the last page that would allow both C&C AND the Town to select a mediator should we need one. Bob Hunt made a motion to sign the Contract Agreement with Coler and Colantonio with the one change concerning the mediator; Bill Howland seconded the motion and it was unanimously carried. The Board asked Richard if the Highway Superintendents for Barre and North Brookfield have met yet concerning Route 67 or if the Brookfields’ Superintendents had met about sharing equipment and he said the meetings had not yet been called.
Bill reported for the Town Hall Advisory Committee that the Committee had met and gone over the quotes for the windows; two did not have cost estimates for installation. Glass and More is going to install one window in the kitchen for the Committee to review before making final decision. Bill also spent part of the day with Eric Vollheim purchasing EMD supplies and we now have an account at Sam’s. Bill might put cabinets in the front hall for the storage of some of these supplies that cannot be allowed to get damp. Eric has purchased two generators of 9000 watts which are currently stored at the Town Barn and a small generator for charging cell phones, computers, etc.
Bob Hunt reported on the monthly WATCH meeting. The group has discussed how to best activate the core group; an e-mail process for the core group has been organized through some of Susie’s deputies. Bert will work directly with Bob to provide information on home invasions or property damage so that information can be disseminated to Town residents. A new web page for the WATCH group went up today. Bob asked about the project Howard had agreed to start and asked Katie to follow up with Howard and check on the status.
Katie reported for Bert that he had no report this week and that he left the meeting to deliver the letter to the Stillmans. She also reported for the Fire Chief that Dennis has submitted the grant and requested a letter of support from our state legislators, who were very helpful for the last grant.
The Board agreed that it would meet at 7:00 p.m. on Tuesday, October 11, as Monday, October 10th is a holiday.
Bob Hunt made a motion to open a Warrant for a Special Town Meeting on Thursday, October 20, 2011. Bill Howland seconded it and it was unanimously passed. Discussion ensued for the one Article on the Warrant and it was agreed that it would read: “To see if the Town will vote to accept the School Budget as recommended by the School Committee on September 8, 2011 or take any action in relation thereto.” The actual amount will appear in the motion. There were no other Articles offered for the Warrant. Bob Hunt made a motion to close the Warrant for the Special Town Meeting on Thursday, October 20, 2011; Bill Howland seconded it and it was unanimously passed.
Bob Hunt made a motion to nominate Noreen Burchard to the Council on Aging; Bill Howland seconded it and it unanimously passed.
OLD BUSINESS:
The Old Business memo was reviewed. The Board also discussed whether to pass the Mutual Aid for Public Works and after some discussion agreed not to vote on having that mutual aid.
Bert returned and reported that he knocked on the door at the Stillmans’. Genevieve opened the door and said nothing. Bert said, “Good evening, I have a letter from the Board of Health.” She took it, said nothing and started reading. Bert walked to his car and she was still in the doorway reading as Bert drove off.
CORRESPONDENCE:
A cutting plan notification was submitted by William King. Marty indicated that he gotten an e-mail from Frank LaRange and a contact from George Duguay reporting a person who had logged on their land and then not paid them. Susie got the name of the logger, Mike Deloge, and his cell phone number and provided it to Marty who will call him.
There was an e-mail from Brian Pierce in response to the letter to Leader’s asking for installation costs for the windows. He wants a list a specifications for the windows and said he would provide a list
of outside contractors. Leader’s had the most expensive price, followed by Howe’s, then Glass and More, and there is a concern about the work involving installation as Leader’s had indicated the sashes and trim would have to come out of the walls. Neither Leader’s nor Howe’s will actually install the windows themselves, but Glass and More can install the windows. There was some discussion about proper advertisement and procurement rules and it was thought that we should list the specifications and advertise in Goods and Services.
ADJOURNMENT:
Bob Hunt made a motion to adjourn the meeting at 8:40 p.m. and it was seconded by Bill Howland. The motion passed unanimously.
Respectfully submitted,
Katie J. Tyler, Town Secretary
MINUTES OF MEETING
SELECT BOARD
Monday, July 25, 2011
Held at the Office of the Select Board
20 Memorial Drive
New Braintree, MA 01531
PRESENT: Chair Martin Goulet and Selectmen C. William Howland and Robert Hunt were present. M. Goulet opened the meeting at 7:00 p.m. with the Pledge of Allegiance.
GATHERING: Eric Nelson, Ed Reed, Les Miller, Bert DuVernay, Dennis Letendre, Jr., and Katie Tyler as secretary.
APPROVAL OF MINUTES: Bob Hunt made a motion to accept the minutes of the June 27th meeting. Bill asked if all the furniture in the lobby was gone and if the Reeds were going to take the desk (the chairs are gone and the Reeds are not going to take the desk). He then seconded the motion to accept and it was unanimously passed. Bob Hunt then made a motion to accept the minutes of the July 11 meeting; Bill addressed the fact that, while he has no problem with the Fire Department and the Police Department switching cars, it is his belief that it must be returned to the Town for vote because the Blazer was specifically listed in the Article at the ATM. Marty and Bob feel the Board has some flexibility on this but that it should be discussed later in the meeting, as the motion on the table is for accepting the minutes. Bill made the motion to second the minutes and the motion was passed with a majority vote. Bill abstained as he was not present on July 11.
PUBLIC FORUM: Eric Nelson thanked the Board for his leave of absence from the Conservation Commission and advised them that his antagonist has a court order restricting any contact whatsoever, so he would like to serve once again on the ConComm. Bob Hunt made a motion to reinstate Eric to the Conservation Commission effective immediately. Bill Howland seconded the motion and it was passed unanimously. Eric’s name can once again appear on the Town’s website.
As Ed Reed was present in his capacity as Constable, the Board addressed the Warrant for the Special Town Meeting on August 11. Bob Hunt made a motion to close the STM Warrant; Bill Howland seconded it and it unanimously passed. The Warrant was signed and given to Ed for posting.
REPORTS OF BOARDS, COMMITTEES:
The Treasurer had sent an e-mail referring to the 1/12 budget payment to QRSD, so the Board invited her in to discuss this. Janet indicated that the amount on the letter from Jeff Wulfson was 20% of the assessment and did not include the debt. In the past when we have operated on a 1/12th budget, the Board had advised her to pay all the debt, and then pay 1/12 of the assessment each month. According the regional agreement we should pay 20% of the assessment; Jeff Wulfson’s letter also indicates we should pay according to the agreement. This is in opposition to what Dr. Marshall had advised which was that we could pay 1/12 a month. So we should pay 40% by September 1. Janet has already paid about 15.9 percent for July and August, so she suggested sending the additional 4.9% to make the full 20% for those two months out on the next Warrant and then sending 20% on September 1 or whatever amount is needed if the budget is in place by then. The Board agreed, and Janet will send the smaller check out on the next Warrant—she will advise Tina as well.
The Finance Committee had nothing new to report; everything is balanced to the end of FY11. Marty asked where we stand with the Town Hall Repair and the fire alarm repair. Dennis indicated he had reviewed the paperwork from New England Security which only provides an upgrade of the alarm system and does not include anything for carbon monoxide. He would like to sit down with NES and Les and Bill to discuss this, especially as we use this building for a shelter. Katie will call NES and try to set up an appointment for the second week of August. Bill spoke about the window repair and that he wants to have another meeting of the Town Hall Committee to make a decision and also wants to contact National Grid to let them know we have the funds to go ahead with work on the lights and find out when they will have our audit information. Marty also wanted to make sure that a repair is made to the rear door in the main hall and the leaky corner in Bert’s office.
Dennis reported on the tanker issue, as Bob had been receiving queries about it. Before Dennis took over as chief, the Department had been filling pools for about 30 years and donations for this service went to the Association. When he took over as chief, the procedure stopped for awhile, and then the Select Board recommended that he start doing it again. He does not advertise the fact and usually the Department only fills one a year, normally an above-ground pool. Donations run from $25 to $150. The Board agreed that this procedure should be decided on a case-to-case basis: if someone inquires about having it done, that person should be referred to the fire chief and the decision will be made based on how safe it is for the tanker and/or the person’s property to have the Department access the pool. Dennis also reported that they have been training at the old Owens property at the end of Pierce Road and it has provided some really good training for the department. The Select Board advised that there is not proper frontage there and if the current owner wants to rebuild, he should check with the zoning enforcement officer.
Bert reported that he will be absent from the next meeting on August 8 as he will be away on vacation. The Town Fair Committee would like to close Utley Road from the top of the Post Office to the dirt road for the Fair and use it possibly for a soap box derby. They would also like to close the north side of Oakham Road as in past years for parking and obtain better no-parking signage. Bert is investigating the signage. Memorial Drive would be open all day. He then indicated that he has an interview at 8 p.m. with someone in his office so asked if the Board could move ahead to the discussion of the newspaper article. Marty had wondered if out of respect to Bob Glidden the Board should address personal use of the cruiser. Bert says his contract gives blanket use of the cruiser; however, he only uses it for personal use when he is going to be close enough to take a call. As he mentioned at the Town Meeting, he puts his own gas money into the cruiser if he feels he has gotten an extra benefit from it. Bob pointed out that we see a benefit to having the cruiser visible, Bert is available for calls when he’s using it, and he uses it under the reasonable circumstances provided by his contract. It was agreed that Katie would write a letter from the Board to Bob Glidden indicating that the Board has investigated and is comfortable with the usage, seeing no violation, but would be happy to further discuss it with him should he wish to do so.
NEW BUSINESS:
Marty received a text during the meeting inquiring if the Board and Finance Committee would like to meet this Thursday evening, the 28th, here in New Braintree with Oakham officials to finalize the joint letter discussed at the meeting all officials held last Monday in Oakham (draft of minutes attached).
The members agreed and Katie was asked to post the meeting for 7:00 p.m.
OLD BUSINESS:
The old business memo was read and the decision was made to stay with the EAP provided this year by MEGA, as the EAP has only been accessed by one person in the past few years.
Bob Hunt reported on the Neighborhood Watch Committee. They met on Sunday; the signs are up; Eric Vollheim is going to order a few larger signs for Route 67; a policy has been put together for reporting. Bob indicated that the Finance Committee might want to consider adding a line item to the budget in the future for reimbursement of gas and other items for the Committee as this should be a long-term service for the community.
Les reported for the Cemetery Commission that the reconstruction on the walls and the moving of the headstones in West Cemetery is complete.
As Katie had not heard back from West Brookfield on the $500 fee for the supplies contract, some discussion ensued about WB Mason. Bill explained to Marty his concerns about the contract and the concerns WB Mason had. Marty feels we should meet with Johanna again to discuss this but does agree that if we are to be charged again for the fee, we should withdraw from the contract.
Dennis asked about the status of the Public Safety Complex Committee. Marty said we need to do an RFP and he hasn’t had the time to put one together, but he made a note to do that.
There was further discussion about the light board and the general consensus was that it probably should not go out of Town except for emergencies.
None of the Board members have heard from Fred Fijal. Katie will contact other haulers to obtain quotes for service to the Town Hall.
CORRESPONDENCE:
Correspondence was read and disseminated appropriately. The Planning Board should be asked about an alternate delegate to CMRPC to be appointed by the Select Board.
ADJOURNMENT:
Bob Hunt made a motion to adjourn the meeting at 8:35 p.m. The motion was seconded by Marty Goulet and unanimously carried.
Respectfully submitted,
Katie J. Tyler, Town Secretary
MINUTES OF MEETING
SELECT BOARD
Monday, June 13, 2011
Held at the Office of the Select Board
20 Memorial Drive
New Braintree, MA 01531
PRESENT: Chair Martin Goulet, Selectman C. William Howland, and Selectman Robert Hunt were all present. M. Goulet opened the meeting at 7:00 p.m. with the Pledge of Allegiance.
GATHERING: Richard Ayer, Les Miller, Eric Nelson, Joe Chenevert, Tina DeVries, Richard McDonald, Bert DuVernay, Richard Ayer, Joanne Thompson, Genevieve Stillman, Fred Smith, Brian Lodowsky, and Katie J. Tyler as secretary.
APPROVAL OF MINUTES: R. Hunt made a motion to approve the minutes of the May 23, 2011 meeting. B. Howland made a comment on the minutes to explain how the Finance Committee had made a different decision than what was contained in the minutes; however, the minutes themselves were accurate, so he seconded the motion, and it passed unanimously.
PUBLIC FORUM:
Eric Nelson presented a letter requesting that the Board grant him a leave of absence as a Conservation Commissioner for a few months so that he might pay attention to a court case and protect his rights as a citizen. Bert clarified that a no-contact order had been issued in the court case except for Mr. Nelson’s official duties; if those are removed, then the no-contact order is completely enforceable. R. Hunt made a motion to accept Mr. Nelson’s request for a leave of absence from the Conservation Commission and to allow reinstatement of Mr. Nelson at the determination of the Board. B. Howland seconded the motion and it was unanimously passed. Katie will issue a letter to Eric stating the Board’s vote and copy it to the Police Chief. Genevieve also requested that Eric’s name be removed from the website listing for the present time.
Bids for Road Construction and Fuel were opened and read. Please see attached log for results. The Highway Superintendent will take the bids under advisement and report back to the Board at the June 27th meeting.
One quote for landscaping was received from R.N. Glidden Landscaping Services in the amount of $5,915 and was accepted.
Joe Chenevert was present to discuss the letter received last month from FEMA concerning the need for the Town to enact a floodplain by-law. The Planning Board was quite surprised by this request as well. Joe has talked to Richard Zingarelli, the National Flood Insurance Program Coordinator, who indicated that the Town has until next June to get a by-law in place. Mr. Zingarelli will provide models of by-laws for the Planning Board’s review, and the Planning Board will have to initiate the process of a public hearing, etc. Joe invited any member of the Select Board to sit in on meetings to facilitate this process and Bob volunteered to do so. We should have basic information available for discussion by September or October. Katie will respond immediately to the letter as we needed to notify them within 30 days’ of receipt of the letter of our intention to investigate the by-law possibility. Genevieve indicated that this has been on the Conservation Commission agenda for a few years but they did not view it as their responsibility. She believes that NFIP is mostly concerned with the former Wespalis property.
Marty reported that Paul Jernberg had contacted him about Magnificat Academy and advised him that a real estate agent has suggested splitting the property into two lots, one with the house and the appropriate acreage and frontage, and one with the chapel on it. Both Joe and Bob Hunt suggested that Mr. Jernberg bring an actual plan to the Planning Board with setbacks and measurements so that this can be reviewed and discussed before it is allowed to proceed. Mr. Jernberg should follow the normal course of a building permit package procedure (i.e., approaching the various committees and department heads) in getting this idea approved.
REPORTS OF BOARDS, COMMITTEES:
Tina reported the account balances as of June 6 and stated that there was nothing remarkable to be noted.
Les reported for the Finance Committee that the budget is set for next year and it is 2.5% over last year on the recommended budget. He advised that the Town will need to know the NADA wholesale value for the Trail Blazer for the Town Meeting. After some discussion it was agreed that the $11,500 price that Angelo had provided was probably the correct one; Bert will get this in writing from Angelo and also take the vehicle to another dealer (as only a dealer can obtain the wholesale price) and get a second price now that there is additional mileage for comparison.
The Board noted that the meeting prior to the ATM is set for 6:30 and agreed to meet at 6:00 p.m. instead on Monday, June 20. The Board will also meet along with the Personnel Board at 6:00 p.m. on Wednesday, June 15, at 6:00 p.m. for the purpose of reviewing the Motions for the ATM.
Bert directed the Board’s attention to the school newsletter insert about bus drop-off and pick-up (see attached). He explained about the situation and asked permission from the Board to close Memorial Drive from Oakham Road to the northernmost driveway to the parking lot when buses are present. It was then pointed out that Memorial Drive is not actually a public way, it’s a private way, so Bert can close it at those times without a vote of the Board. Regardless, the Board was in agreement with this procedure. Bert also pointed out that in the future the Town might want to consider the times Memorial Drive must be closed to public traffic when making a decision about the dirt road behind the school. On another matter, Bert addressed the issue of an ATV impounded about a year ago; it has been abandoned by its owner and assigned to the NBPD for disposal. It might sell for $700 to $800; he would like permission to sell and pay the service that towed and stored it and use the balance for lights on the grey car. Bill indicated the money legally has to go into the General Fund and used from there. Marty agreed that was his understanding as well. Marty felt the owner should pay the storage fees and it was suggested that Bert list the ATV on Craig’s List.
Richard advised that the Highway Department is repairing equipment and told the Board that the guardrail replacement project on lower Hardwick Road is taking a little longer because Bartlett is putting on modern steel-type guardrails. Richard has held off a little on the West Road project until after the bids came in so that we can save a little money. He will move forward with it on July 1. He also indicated that a future discussion will need to be held about the Ravine/Hardwick Road Project. We do not have to put a bike path in, which will save money, and it if can be a footprint project, it would be around $90,000 and could be done with Chapter 90 funds.
Bob asked Bert about the status of the investigation into the cell phone found at the scene of the Four Corners vandalism. Bert reported that the State Police got the phone number and provide off of it, and Bert has applied for an administrative subpoena to send to the provider in order to get the name and address of the person who owned the phone. The Board applauded this excellent police work.
Marty asked Richard if he could get Pete in to do some maintenance work in the Highway Department before the end of the fiscal year. Richard and Tina will work out the numbers by next Monday.
Marty advised the Board that he had received an e-mail from Barre in response to sharing the engineering costs for Route 67. The e-mail basically implied that Barre thinks it is a good idea but wants estimates before they make a final decision; however, we need to if they want to participate before we can get an engineer to do estimates. Marty believes the Superintendents from Barre, North Brookfield and New Braintree should meet to talk about it and Richard is more than willing to do that. Richard will contact the other two Superintendents and set up a meeting, advise the Select Board of the date, and hopefully, some or all of the members will be able to attend.
NEW BUSINESS:
Bob Hunt made a motion to sign a three-year contract with Richard Ayer as Highway Superintendent. Bill Howland seconded the motion and it was unanimously passed. The contract was signed by all parties.
The contract with the Brookfields needs to be signed for the next Fiscal year. It is a $500 fee for each year, not a one-time fee as originally thought. Before this contract is signed, Katie will ask Elaine Curtis from WB Mason to come out to discuss the possibility of our dealing directly with the company as it does not appear that we save enough money through this regional contract. There will be an effort to put some figures together before the next Board meeting and the contract will be tabled until then.
There was a discussion concerning lowering the fee for the use of the Town Hall for the Borelli family to have a baby shower. Marty felt it should be lowered some because they have served the Town, especially Mark through the Fire Department for many years, and this generated discussion about past charges to individual families and about the policy that is in place. Bill and Bob feel that we should either have a policy and stick with it or not have a policy and consider each case individually. No real agreement on this matter was reached.
B. Hunt made a motion to accept the changes to the Personnel Policy Handbook as written concerning DOT physicals. B. Howland seconded the motion and it was unanimously passed.
OLD BUSINESS:
New England Security submitted a quote of $1400 to change all the smoke detector heads. Additionally, one upgrade to the system will cost $895. Another upgrade can be done for $4000. During discussion it was agreed that we will do the $1400 plus the $895 upgrade. Richard asked if some of the removed parts could be used at the Highway Barn if they are compatible and this was agreeable.
A letter that the Board of Health plans to send to the Stillmans concerning the beaver dam on their property was reviewed. Bill has been present at the last two BOH meetings; the Metcalfs are having health issues and have infected water. Richard is having road issues due to the dam—the water is in the road base and will definitely heave the road and make a serious problem this winter. He attempted to relieve the problem by doing some work on the Town’s right-of-way and met with some difficulties with the owner of the property. The letter from the Board of Health explains the water situation and concerns about mosquito breeding and health of animals and requests the property owners’ cooperation in solving the issue. The Select Board will await response and supports Richard in his work to keep the road hazard-free.
A memo from Katie relative to Scott Parsick and Cathy Koza and their issues with Jim DiMaio and the foresting plan was reviewed.
The Old Business memo was read. The Town has still not received a check from Kenny Chovot. Katie only has a phone number for him, and she was asked to see if Bert could locate an address for Mr. Chovot.
Bob showed an illustration for the Neighborhood Watch signs to the Board and advised that the Committee will work with Richard for installing them once they are ordered and received.
CORRESPONDENCE:
Correspondence was read and appropriately disseminated. Carl Marco tendered his resignation as Plumbing and Gas Inspector. Katie was asked to check with the Building Inspector who had advised Bill that he had another person willing to take on this appointment for FY12. Katie was also asked to post the letter from the US Census Bureau concerning its demographic findings.
ADJOURNMENT:
A motion was made by Bob Hunt to adjourn the meeting at 9:10 p.m. The motion was seconded by Bill Howland and unanimously carried.
Respectfully submitted,
Katie J. Tyler, Administrative Assistant