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Selectmen Meeting Minutes — March 6, 2008—7:00 p.m. — Memorial Hall

Called to Order: The meeting was called to order by Vice-Chairman, John Payne. Other members present: Robert Manners. Joe was attending a meeting in Buckland with local and State officials relative to the Mohawk Trail Regional School District.

Acceptance of Minutes: A motion was made by Bob to accept the minutes of February 21st, February 26th and March 4, 2008 as presented. John seconded the motion. Motion carried unanimously.

Noteworthy News: The long awaited public officials training will take place on March 10, 2008 at 6:00 p.m. in Memorial Hall with presenters Attorney Shawn Williams and Bob Ritchie.

Department Liaison Reports:
The Highway Department has been very busy over the last few weeks battling snow and freezing rain. Between equipment failures and numerous hours of overtime, Bob reported that the snow and ice budget is approximately $37,000 over its appropriated amount.

The Town Office staff continues to look at space need requirements (with or without the police department). John received a lot of good ideas from the staff and is hopeful that some can be implemented in the near future.

The Planning Board and Zoning Board of Appeals continue to meet in joint session for the purpose of updating and clarifying the zoning by-laws.

There is significant activity going on with the Cable Advisory Committee in their pursuit of a cable contract renewal with Comcast. Representatives from the Committee will be appearing at 7:15 p.m. to provide a progress report.

7:15 p.m. Glenn Cardinal & Mike Duffy RE: Joint Cable Advisory Committee - the joint cable advisory committee has spent 13 months gathering information as part of the process leading up to negotiations. The Committee hosted a very successful public hearing last week at the Buckland-Shelburne Community Center at which 161 residents of Buckland and Shelburne attended; 127 of which are not currently served by cable. The purpose of tonight's meeting is to formally present the preliminary ascertainment documentation to the Board of Selectmen for their review and recommendation. A motion was made by Bob to accept the 40 exhibits as presented by the Cable Advisory Committee as part of the Town of Shelburne's license renewal ascertainment record. These documents will be reviewed by the board before making a final recommendation. John seconded the motion. Motion carried unanimously. John thanked members of the Cable Advisory Committee for their hard work.

Budget Presentations: (Finance Committee Members: Jerry Dubie, John Wheeler, Laura Sandvik)

7:30 p.m. Virginia Peck, Treasurer - Ginny presented thirteen budgets that she oversees. They were as follows:
Treasurer's Salary - budget reflects a 5% increase
Assist Treasurer's Salary The budget represents of an increase of $50. In Ginny's absence, the Assistant Treasurer is responsible for a great deal of financial related matters. Ginny would like to continue bolstering this salary until it represents the true level of responsibility.
Treasurer's Certification - level funded.
Treasurer's Expense - the budget reflects a $525 increase over last year's amount. Ginny explained that her budget reflects a $500 increase for training with the hopes that she will be able to attend the annual Treasurer's conference on Cape Cod.
Tax Title - level funded.
Officer Bonding - level funded.
Interest Expense - level funded.
County Retirement - budget reflects a 12% increase.
Un-employment Insurance - reflects an increase of $4,794 over last year. The State Department of Unemployment sets the rate.
Health Insurance - reflects a 12% increase over last year. Although dental rates remain the same, the costs of medical plans have increased approximately 7.3%.
Life Insurance - level funded.
Medicare - budget reflects a 5% increase.
Social Security - budget reflects a 5% increase.

7:50 p.m. Jamie Godfrey, Senior Center - Jamie has served as the Center's Director for approximately 6 months. He spoke of the steep learning curve while trying to dissect and comprehend the Center's four-town budget, the incredible burden his staff carries, the need for more space and the need to recruit more volunteers. The Center has purchased data base tracking software which will be helpful in keeping track of units of service. Although the Center is in need of more space, Jamie envisions that the new space would be lean and flexible rather than large and expensive. He wants to be able to listen to the needs of the Center's participants and respond appropriately. Jamie stated that his FY'09 budget is "bare bones" and 95% of the increase is a result of fringe benefits. Shelburne's assessment for FY'09 reflects an increase of $5,558.

Chairman, Joe Judd returned from his meeting in Buckland at 8:00 p.m.

8:10 p.m. Conservation Commission (Alan Smith, Norman Davenport, Melissa Allosso, Steve McCormick and David Thompson) - the Conservation Commission's budget reflects an increase of $450 over last year. Alan explained that their Commission is charged by the State to provide some sort of educational outreach into the community. With that said the Commission would like to fund a scholarship program that would allow for two youths to attend a Massachusetts Junior Conservation camp every other year. The cost of the week long camp is $550 per student. Both John Payne and Jerry Dubie thought the idea of the conservation camp opportunity held a great deal of merit and but felt that the program should be match funded from the community (i.e. donations, food sales).

OLD BUSINESS:
Draft Guidelines for Recording of Meeting Minutes and Fulfilling Requests for Public Records - Adoption of guidelines held until after training session.

Senior Center Lease - Joe reported that the next meeting of both the Masons and town representatives will be held next Friday (March 14th) at 4:00 p.m. The term of the lease to be negotiated is five years. Jamie stated that he and the staff would prefer to stay where they are rather than relocate to an interim space. He also thinks this is a perfect opportunity to pull together the remarkable talent in this town and look at the town's entire infrastructure needs.
Franklin Land Trust RE: George Randall APR Application - still waiting to from the Conservation Commission following their review.

Polly Bartlett RE: Request to Use Memorial Hall for River-Fest - after speaking with Ms. Bartlett to find out more about how Memorial Hall would be used and after receiving assurance that there would be no food, beverages, reptiles or water displays, a motion was made by Bob to allow the Deerfield River Watershed Association to use Memorial Hall on June 14, 2008 from 9:00 a.m. until 4:00 p.m. The motion was seconded by John Payne. Prior to the event, the Board will expect to be notified with the name of the individual(s) who will be responsible for overseeing the use of Memorial Hall. Motion carried unanimously.

LPVEC RE: #2Heating Oil Bids - The town received notification from the Lower Pioneer Valley Educational Collaborative that four bids were received for the purchase and delivery of the town's #2 heating oil. The low bidder is Dennis K. Burke of Chelsea, MA with a "Margin and Overhead" price of $.2490 per gallon for the "fixed" price program. The Board had initial concerns with the vendor's location however Terry spoke with the bidding agency who confirmed that the vendor has two large storage facilities in Springfield and Hartford. After hearing no further comments, a motion was made by Bob to award Dennis K. Burke of Chelsea, MA the bid for #2 heating oil. Motion seconded by John. Motion carried unanimously.

NEW BUSINESS:
Commonwealth of Mass Land Court RE: Pioneer Nutritional Formulas verses Mitchell Excavating, Inc. - the town has received the following notice of docket entry. The letter was read into record as follows:

"Status conference by telephone with Attorneys Pill, MacNicol and Parsons. Parties agree that the court will not issue judgment against Mitchell and RVM Realty at this time and that the parties' "Joint Motion for Entry of Judgment" as to them will be allowed as an "Agreement for Judgment" between plaintiff and the non-municipal defendants. The rest of the case against the Town of Shelburne under G.L. c.240, section 14A is stayed until after the town meeting's vote on proposed changes to the Shelburne Zoning bylaw. Town counsel will advise the court on or before May 12, 2008, as to the result of the town meeting vote. If the zoning changes pass, this case will be dismissed by the remaining parties. If it does not pass, the court will convene a status conference by telephone."

John reported that the Planning Board has met in joint session with the Zoning Board of Appeals for the last several months with the hopes of bringing these changes forward at the annual town meeting. The draft document reorganizes, simplifies and improves readability. A special permit section has also been added to address the concerns of the courts. In order to be able to bring these changes before the annual town meeting, the Planning Board must schedule a public hearing 21 days or more in advance. Both boards have been working very hard and although progress is being made, there is still a significant amount of work to do.
Charlotte McLaughlin RE: Resignation from Recreation Committee - Ms. McLaughlin has submitted a letter of resignation as her teaching responsibilities have made it difficult for her to attend the Recreation Committee's monthly meetings. A motion was made by Bob to accept the resignation with regret. John seconded the motion. Motion carried unanimously.

John Taylor RE: Emergency Management Director Position - due to personal and professional commitments, John will not accept reappointment to the position of Emergency Management Director for the new fiscal year. John stated that he did not feel as though he could give the position the time and attention that it deserves. Joe asked John if he would be willing to recommend individuals who have relevant experience and would be interested in serving the position. John indicated that he would.

Falls Observation Area Task Force Committee RE: Recommendation for Engineering & Design - the Task Force Committee has begun implementation of the Smart Growth/Smart Energy Grant received by the town for the engineering and design of the Glacial Potholes Observation Area project. The Task Force contacted 8 engineering firms to invite proposals. A site visit was held in February in which five firms attended. Two firms submitted proposals: The Berkshire Design Group, Inc. of Northampton and Guntlow & Associates, Inc. of Williamstown. Both firms were interviewed using a set of prepared questions. After an hour of deliberation following the interviews, the interviewing team came to the unanimous decision to recommend the firm of Guntlow and Associates, Inc. of Williamstown. After reviewing the Task Force's letter of recommendation, a motion was made by Bob to award Guntlow & Associates the contract for design and engineering. John seconded the motion. Joe stated that both firms made excellent presentations however Guntlow & Associates seemed to be the best "fit" for the project. Motion carried unanimously.

Chief Walker RE: Request for Appointment of Reserve Officer, Edwin Thurston - both Joe and John had an opportunity to meet independently with Mr. Thurston this week and both were impressed by Mr. Thurston's qualifications. With that said, a motion was made by Joe to appoint Edwin Thurston as a part-time reserve office. John seconded the motion. The motion was put to a vote: 2 in favor, 1 abstention.

OTHER BUSINESS:
HAPPY BIRTHDAY BOB MANNERS!

CORRESPONDENCE:
Larry & Susan Flaccus RE: Renewal of Cable Contract with Comcast - the Flaccus's own property on Route 2 outside the current area covered by Comcast Cable. Despite repeated advertising solicitations from Comcast, and the potential for many subscribers in our immediate area, the Flaccus's state that Comcast refuses to consider extending the cable down Route 2 from the Colrain-Shelburne Road to their area. In fact, they have been quoted $70,000 to "wire" their property. Their letter requests that the Town ensure that the new contract with Comcast includes cable service to all residents and businesses in our community so to bring greater economic strength to our area as well as stimulate housing and business growth. The Board will add a copy of this letter to the license renewal ascertainment package.

PUBLIC COMMENT: None

Adjournment: a motion was made by Bob to adjourn the meeting at 9:27 p.m. Motion seconded by John. Motion carried unanimously.

Respectfully submitted,

Terry Mosher
Executive Secretary