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  1. Select Board MeetingMon, Jul 23 07:00 pm
  2. Open Space Committee MeetingMon, Jul 23 07:00 pm
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Selectmen Meeting Minutes — May 1, 2008—7:00 p.m. — Memorial Hall

Call to Order: The meeting was called to order at 7:00 p.m. by Chairman, Joseph Judd. Other members present John Payne and Robert Manners.

Acceptance of Minutes: A motion was made by John Payne to accept the minutes of April 15th and April 17th, 2008 as printed. Bob seconded the motion. Motion carried unanimously.

Noteworthy News:

  • Governor Patrick was visiting the area last Friday.
  • Annual Town Meeting, Tuesday, May 6, 2008 at 7:30 p.m.

Department Liaison Reports:

  • Town Office - a great deal of work being done in preparation for annual town meeting.
  • Highway Department - street sweeping underway this week; annual furniture and scrap metal collection day at the town garage, May 3rd from 8:00 a.m. until 2:00 p.m. Proof of residency required.
  • Police Department - Steve is away this week attending a three-day training seminar.

7:30 p.m. Charlie LaBatt of Guntlow & Associates, Inc. RE: Design Concept for Glacial Pothole Area Observation Deck and Trail-way - representatives of Guntlow & Associates appeared before the Board of Selectmen to unveil the preliminary design for the proposed expansion of the glacial pothole observation deck and trail-way. Mr. Labatt explained that the site is incredibly challenging due to its' topography and limited access points. The structure would be built using a combination of steel and wood decking. He envisions that the three season, fully handicapped accessible area will be opened to the public from dusk until dawn and illuminated with photovoltaic lighting. Mr. LaBatt estimated construction costs to be approximately $500,000. John Payne asked how the money would be raised. Mr. Labatt suggested fundraising and grants. John disclosed that he is a member of the South Deerfield cooperative, "Mass Wood" and suggested that they be contacted to see what local hardwood is available for decking. Bob Manners asked that the design take into consideration the need for emergency access and suggested that the cul-de-sac area be fenced to prevent the public from trespassing and gaining entry to the potholes. Terry Mosher asked about the annual maintenance of the structure and was told that maintenance should include annual inspections, cleaning and painting when necessary. Art Schwenger noted that the Task Force looked at several designs and choose the one they felt was modest and affordable. He reminded those in attendance that there would be a second public information session held on May 7th at 7:00 p.m. at the Arms Library. Each member Selectmen complimented Guntlow & Associates, Inc and Task Force members on their efforts to date.

8:00 p.m. James Stacy, Town Moderator RE: Review of Town Meeting Warrant - the Board of Selectmen reviewed the annual town meeting warrant with the Moderator. Transfers from the Stabilization Account and articles involving zoning changes will require a 2/3 vote. The Town Clerk will be prepared for a paper ballot in the event the need arises. The Moderator will arrange to speak with Town Counsel in advance of town meeting to clarify any areas of concern.

Senior Center Lease Negotiations - Town Counsel is reviewing the lease and making significant changes. In the meantime, there is an article on the annual town meeting warrant authorizing the Board of Selectmen to enter into a one-year lease should all parties reach an agreement.
Appointment of Police Location Study Committee - the following individuals have agreed to serve on the Committee to date: Steve Walker, Rodney McBride, Frank Field, Jr., and Rick Lane. The Board is still waiting for three more residents to accept nomination for appointment to this committee.
Stacy Kontrabecki RE: Permission to Access Glacial Potholes - the decision was tabled until the next Selectmen's meeting so to allow the Police Chief an opportunity to review the request. Bob recommended if the request is approved, that access to the glacial potholes be limited to the wedding party and the photographer. John suggested that the highway department inspect the town's stairway access to ensure that it is safe and Joe will speak with Chief Walker

Award of Main Street Contract - Nine bids were received and opened on April 10, 2008 for the Main Street Reconstruction Project - Phase 1. Weston & Sampson Engineering reports that they have checked the Bid Bond, bank reference and project references for Freitas Construction, Inc. of Ludlow, MA and have found them to be in order. Weston & Sampson recommends that the Town of Shelburne award the Construction Contract to Freitas Construction, Inc. for $576,607. A motion was made by Bob to award the contract to Freitas Construction, Inc. John seconded the motion. Motion carried unanimously.
Jim Boehmer Email RE: Street Projects - Mr. Boehmer emailed Weston & Sampson and the Board of Selectmen regarding his displeasure with the grant process relative to public input. Mr. Boehmer contends that decisions relative to trees, verges and landscaping are made without little or no public input. He also does not believe that the Highway Superintendent should be making decisions that impact the quality of lives of those who reside on Main Street. The Board of Selectmen would like to send a letter of response to Jim asking if he would like to participate on the neighborhood advisory committee.
Arms Library Trustees RE: Interest in Becoming a Town Department - the Board of Selectmen received a letter from Jim Culleny, Chairman of the Arms Library Association indicating that the Board of Trustees voted unanimously to commence the process of making the Arms Library a town department. Although it is too late to place an article on this years' town warrant, the Board intends to discuss the concept with town meeting voters in preparation for next year. Joe will contact Jim Culleny and inform him of such.
Housing & Redevelopment Authority RE: 2007 Citizen Participation Plan - the Franklin County Regional Housing & Redevelopment Authority is currently administering the 2007 Community Development Block Grant which includes Shelburne. Per the 2007 Citizen Participation plan, a five member Citizen Advisory Committee is required to provide oversight to this program. The appointed members would receive quarterly reports and be invited to attend future hearings during the grant cycle. Therefore, Shelburne is being asked to appoint 1 low/moderate income representative for this grant as soon as possible. The Board asked that a copy of this letter be made for each of them so that they can begin thinking about a potential appointee.
Breezeway Farm Consulting RE: FY'06 CDBG Grant Related Amendments - at the request of John Ryan, the following three housekeeping motions were made.
Motion #1 Bob made a motion to extend the contract with the Franklin Regional Housing and Redevelopment Authority until September 30, 2008 so to provide Housing Rehabilitation Services for the FY'06 Small Cities Grant. John seconded the motion. Motion passed unanimously.
Motion #2 John made a motion to amend the FY'06 contract budget with Community Action for the West County Emergency Food Pantry Program in Shelburne and Buckland as proposed (original budget $20,000; amended budget $21,702.04). Bob seconded the motion. Motion passed unanimously.
Motion #3 John made a motion to amend the FY'06 contract budget with Community Action for the First Call for help program in Shelburne and Buckland as proposed (original budget $20,000; amended budget $20,000). Bob seconded the motion. Motion carried unanimously.
Boston Post Cane Presentation - the Town Clerk has provided the Board of Selectmen with a list of residents who are eligible to receive the Boston Post Cane. The Board will review the list, determine the oldest citizen and schedule a date to present the cane.

Beth Simmonds RE: Use of Town Council - Joe read a letter submitted by Beth Simmonds. The letter had three specific requests:
1. To seek permission from the Board of Selectmen to speak to Town Counsel. As a member of the Planning Board, Ms. Simmonds feels that she did not benefit from the conversations that member John Payne had with Counsel therefore she would like an opportunity to ask questions specific to current zoning by-laws and proposed revisions so that she can be better prepared for annual town meeting. After a brief discussion, a motion was made by John to allow Beth to contact Counsel. The motion was seconded by Bob. Motion passed.
2. Beth also wanted to provide a public reminder to all town officials of what the proper procedure is for contacting Counsel. Joe explained that the policy is simple; the Chairman of a Board and/or Committee or his/her designee may contact Counsel providing he/she has received permission from the Chairman of the Board of Selectmen. The reason for this policy is to ensure that funding is available and to ensure that the reason for seeking Counsel is warranted. Joe agreed that town boards and committees should be reminded of this policy.
3. Lastly, Beth requested a full accounting of the dates, costs, conversations and decisions that have occurred between Mr. Payne and Counsel relative to the zoning process. The Board provided Beth with copies of all legal bill paid to Attorney Donna MacNicol from October to present.

Public Comment: None

Adjournment: A motion was made by John to adjourn the meeting at 9:18 p.m. Bob seconded the motion. Motion passed unanimously.

Respectfully submitted,

Terry Mosher
Executive Secretary