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  1. Zoning Board of Appeals MeetingThu, May 31 07:00 pm

Selectmen’s Meeting Minutes — December 6, 2007—7:00 p.m. — Memorial Hall

Call to Order - the meeting was called to order at 7:00 p.m. by Chairman Joe Judd. Other members present: John Payne and Bob Manners.

Acceptance of Minutes - a motion was made by John to accept the meeting minutes of November 15, 2007 as presented. Bob seconded the motion. Motion carried unanimously.

Noteworthy News:
Transfer Station will be closed on Tuesday, December 25, 2007 and Tuesday, January 1, 2008. The station will reopen on Wednesday, December 26, 2007 and Wednesday, January 2, 2008 from 10:00 a.m. - 7:00 p.m.

Members of the Planning Board and Zoning Board of Appeals have met and have begun working on zoning by-law revisions. According to John just basic changes are being reviewed so that the document is consistent, clear and logical. John also reported that the suit between Mitchell Trucking and Pioneer Nutritionals is being settled but the Zoning Board has been instructed to "fix" the town's by-laws. The next meeting of the joint boards will be held on December 13th at 7:45 p.m.

The Cable Advisory Committee continues to negotiate with Comcast and John is pleased with the Attorney's progress so far.

Bob reported that he is out of his neck collar and has returned to work for light duty.

Joe reported that both he and John attended a Selectmen's training workshop last week and it was time well spent. The workshop was entitled: "Selectmen and Public Decision Making" and is the first of a series of F.R.C.O.G. sponsored trainings.

Joe also reported that he attended a MMAC meeting last week and Michael Buoniconti announced that he will attempt to the hold the MTRSD budget at 2.5%.

Liaison Reports:
Highway - Bob reminded residents that the winter parking ban is in effect from December 1, 2007 through March 31, 2008 and violators will be towed if necessary.

Police - Joe announced the recent purchase of a 2001 Ford Expedition (a retired State Police vehicle) that was purchased using $1,500 in Community Policing funds. The 4wd vehicle will be used in emergency situations only and not as a regular patrol vehicle. Members of the Board commended the Chief for such a great acquisition.

Proposed Police Department Relocation - nothing new to report.
Arms Library Trustees - see 8:00 p.m. appointment.

Senior Center Lease Update - Joe along with representatives from Ashfield, Buckland and Colrain will meet with the Masons on December 11th at 4:00 p.m. to review the lease document.

Draft Guidelines for Recording of Meeting Minutes and Fulfilling Requests for Public Records - Joe recommending postponing the adoption of the document until after the public officials training session stating that he has questions as to whether or not the proposed policy is consistent with the requirements of the law and whether or not the wording gives one the "perception" that the town is trying to make it easy to obtain public records. After a brief discussion, it was suggested that the document be forwarded to Attorney Shawn Williams of the Public Records Division for his review.

Update Policy for Grant-Related Payments - no action taken.

Letters of Interest for Town Boards:
Board of Health - the Board of Selectmen received a letter from the Board of Health recommending that Robert Hick, Jr. be appointed to serve on the Board. Mr. Hicks is a certified Serve-Safe Instructor and has vast experience in the restaurant business. Although Mr. Hicks does not currently reside in Shelburne, he does own property and intends to build. John felt that as long as the individual made a clear commitment to the town and is qualified to perform the job, residency should not present a problem. A motion was made by John to appoint Robert Hicks, Jr. to the Board of Health for the remainder of the one-year term. Bob seconded the motion. Motion carried unanimously.

Historic Commission - to date, two members of the community have submitted letters expressing an interest to serve (Pamela Goodwin and Beverly Allard). According to M.G.L. Chapter 40, section 8D the "body shall not consist of less than three nor more than seven members". With that said, the Board will continue to solicit interest from residents and once adequate membership has been obtained, Ms. Goodwin and Ms. Allard will be considered for appointment.

Board of Health Recommendation for Hiring Part-Time Health Agent - members of the Board of Health submitted a letter to the Selectmen recommending that Mr. Richard Calisewski of South Deerfield be appointed to serve as Shelburne's part-time Health Agent for the remainder of fiscal year 2008. Mr. Calisewski will be an independent contractor who will work under the direct supervision of the Board of Health at a rate of $30.00 an hour. A motion was made by John to appoint Mr. Calisewski. Bob seconded the motion. Motion carried unanimously.

Apex Orchard Lease Renewal - no action taken.

Deane Merrill RE: Request to Produce and Distribute Copies of "History & Tradition of Shelburne" - after reviewing the request with Town Counsel she recommended that if the town agrees to Mr. Merrill's proposal, there would have to be a mechanism in place whereby Mr. Merrill would have to provide the town with a regular accounting of his income and expenses and when Mr. Merrill's expenses were met, all proceeds would then be forwarded to the town. This would ensure that no one makes a profit using town-owned asset. Members of the Board still have several questions and before making any decisions they want to have further discussion with Counsel.

Sale of 1999 Chevy One Ton Cab & Chassis - no bids were received after having advertised the vehicle with an $8,000 minimum bid. A motion was made by Bob to re-advertise the vehicle with no minimum bid as the Selectmen have the right to reject any and all bids deemed too low. John seconded the motion. Motion carried unanimously.

David Neil & Larry Flaccus RE: Cable Advisory Board Vacancy - a letter was received from the Cable Advisory Committee recommending that both David Neil and Larry Flaccus be appointed to fill their Committee's vacancies. John, who has been attending Cable Advisory Committee meetings on a regular basis, stated that both individuals would compliment the Committee's membership. John then made a motion to appoint both to the Committee. Bob seconded the motion. Motion carried unanimously.

Franklin Land Trust RE: Conservation Restriction (see 8:30 p.m. appointment).

Transfer Station Attendant Position RE: Post Internally or Advertise - the Board discussed briefly as to whether or not to post the position of transfer station operator internally or advertise outside. The position is currently being filled by one of the town's part-time highway workers who has served as a "spare" transfer station operator for both the towns of Shelburne and Charlemont. Bob suggested that rather than spend money on advertising; post the position internally to see whether or not this individual is interested. If the town receives no response internally then we would proceed with advertising. A motion was made by Bob to post the position internally. John seconded the motion. Motion carried unanimously.

FY'2009 Budget Directives - Joe asked fellow Board members to begin thinking about budget directives for town departments. Joe would like the Board to make a decision by their December 20th meeting.
FY'06 CDBG Contract Extensions - the following motions approve the extension of contracts associated with the implementation of the FY'06 CDBG Projects. DHCD is in the process of extending the contract periods for all FY'06 Grants as a result of a delay in start-up.

Motion #1: To extend the contract time period for the Grant Administrator:
Bob moved and John seconded that the contract with Breezeway Farm Consulting to administer the FY'06 Small Cities Grant is extended until April 30, 2008, contingent upon receipt of a contract period extension from DHCD. Votes cast on this motion: (3) three yes (unanimous)

Motion #2: To extend the contract time period of the project sub-grantee:
John moved and Bob seconded that the contracts with Community Action for the First Call for Help and West County Emergency Food Pantry Programs in Shelburne are extended until March 31, 2008, contingent upon receipt of a contract period extension from DHCD. Votes cast on this motion: (3) three yes - unanimous.

Motion #3: To extend the contract time period of the project engineer:
Bob moved and John seconded that the contracts with Stantec Consulting for the Mechanic and School Street Projects is extended until march 31, 2008, contingent upon receipt of a contract period extension from DHCD. Votes cast on this motion: (3) three yes - unanimous.

Motion #4: To extend the contract time period of the construction contractor:
John moved and Bob seconded that the contracts with Freitas Construction for the Mechanic and School Street Projects is extended until March 31, 2008, contingent upon receipt of a contract period extension from DHCD. Votes cast on this motion: (3) three yes - unanimous.

7:30 p.m. John Ryan RE: Public Hearing - Community Development Strategy - the Community Development Strategy document has been circulated amongst town boards and committees for review and comment. Suggested changes have been incorporated into the document. Before finalizing the document and adopting its' suggested revisions, John requested that the Board designate the following "target" areas: the town as a whole; and the downtown target area. A motion was by John and seconded by Bob to designate the suggested target areas. Motion carried unanimously.

The Board then reviewed the priority list which illustrates nine areas of "priority" projects. Members agreed that the list represented areas of future improvements that they would like to see for Shelburne's target areas. John made a motion to approve the priority list as presented. Bob seconded the motion. Motion carried unanimously.

The hearing was closed at 7:57 p.m. after hearing no public comment. A motion was made by John to adopt the Community Development Strategy document as presented. Bob seconded the motion. Motion carried unanimously.

8:00 p.m. Arms Library Trustees (Andrea Griswold, Jim Culleney, Kathleen Upton, Lou Battalon ) - at the request of the Selectmen, trustees of the Arms Library along with members of the Finance Committee (Jerry Dubie, John Wheeler, Laura Sandvik and Lynne Benander) met to discuss the management and care of the Arms library building and its' operations. Bob Manners who has been working with the trustees explained that after reviewing the deed with Town Counsel, it is fairly clear that the building is owned by the town and the management, care, and custody of the building was left to the Pratt Memorial Library Committee. At some point a decision was made by both the towns of Buckland and Shelburne to provide financial support annually however, this decision was never documented or defined in any form of a written agreement. After a lengthy discussion it was decided that the first steps must be taken by the trustees of the library. If in fact the trustees would like the town to maintain the building and manage its' care, they must also agree to relinquish the overall operations of the library; structuring its' operations in the same way as the Shelburne Free Public Library. If the library trustees agree to do so, then the town would have to determine how to dissolve the organizational structure outlined in the original deed and bring the matter before town meeting voters. Before ending the discussion, it was mutually agreed that the Arms Library Association would meet and bring forth a recommendation relative to the building and the overall management of the library.

8:30 p.m. Alain Peteroy, Franklin Land Trust RE: Conservation Restriction - before the discussion began, John Payne announced that he has a financial interest in this matter (noting that he purchased the former Bishop farm). With that said, John excused himself from the room. Alain presented a Conservation Restriction for the Bardwell Farm LLC property (former Bishop Farm) off of Bardwells Ferry Road. Mr. Payne is donating a Conservation Restriction on the entire 236.51 acres containing agricultural fields and woodland. The conservation of this property will protect high quality farmland, woodland, and scenic views from the road. The Franklin Land Trust is seeking the Selectboard's approval of this Conservation Restriction. A motion was made by Bob to accept the Conservation Restriction as presented. Joe seconded the motion. The motion was put to a vote: (2) yes and (1) abstention. Motion passed.

Police Chief Proposed Three-Year Appointment - former Police Chief, DeJackome had once proposed that his position should be appointed on a three-year rotation rather than annually. For whatever reason, the concept was never adopted. Joe is now suggesting that the Board revisit the proposal as he feels it has merit. John suggested considering all department heads rather than just one. Bob abstained from the discussion. Joe asked members to give the idea some thought. No decision was made.

Cable Advisory Committee RE: Subcommittees - members of the Cable Advisory Committee presented a list of nominees for the Board to consider for appointment to two subcommittees; a technology committee and a funding committee. The list of nominees was comprised of residents from Buckland and Shelburne. After a brief discussion, it was the consensus of the Board that the Cable Advisory could appoint members to subcommittees providing they made it clear that the committees were advisory and had no governing authority.

Signage at Arrowhead Shoppes - John recommended that the Board postpone signing the liquor license renewal form for one business located at the Arrowhead Shoppes because she is in violation of the town's zoning by-laws by having more than one sign and more than 100 square feet of signage to advertise her business. Terry Mosher indicated that the liquor license renewals were time sensitive and needed to be sent to the ABCC. She reminded the Selectmen that zoning by-law violations fall under the jurisdiction of the building inspector and have no bearing on the liquor license. The building inspector has had an initial conversation with the owner about the excessive signage but she has yet to comply. John feels that its' presence creates a safety hazard. Joe agreed to call the building inspector again; all liquor license renewals were signed.

Adjournment: a motion was made by Bob to adjourn the meeting at 10:00 p.m. John seconded the motion. Motion carried unanimously.

Respectfully submitted,

Terry Mosher
Executive Secretary