| Orange Board of Selectmen Meeting
November 14, 2007
Present: Chairman Steven Adam, Vice Chairman Robert Andrews,
and Clerk Richard Sheridan
Also Present: Town Administrator Rick Kwiatkowski and
Administrative Coordinator Nancy J. Lyman
I. CALL TO ORDER:
Chairman Steven Adam called the meeting to order at 6:30 PM, followed
by the Pledge of Allegiance.
II. APPROVAL OF THE MINUTES – Robert Andrews moved to accept
the minutes of November 7, 2007. It was seconded by Richard Sheridan.
All were in favor.
III. ANNOUNCEMENTS – The Town of Orange Recycling Center will
be closed in observance of Thanksgiving Day on Thursday, November
22, 2007. They will be open on Tuesday, November 20, and Saturday,
November 24 from 8 a.m. to 2:45 p.m.; Green Light Project –
November is National Runaway Prevention Month. For more information,
please contact DIAL/SELF Teen Services, 15 East Main Street, Orange,
Ma – 978-544-1800; the winter parking ban begins on December
1, 2007. There will be no parking on the street from 2 a.m. until
6 a.m. Vehicles found parked during that time will be towed; the Orange
Community Band will hold a free concert in the Town Hall Auditorium
on December 7, 2007 at 7 p.m. All donations will be greatly appreciated.
IV. PERMITS –none
V. ACTION –
6:45 p.m. – The Cemetery Commission was represented by Josh
Knetchel, George Willard and Roger Tolman. Josh stated that there
are challenges dealing with the size of the grounds including overgrown
trees and much needed building renovations of mostly a structural
and energy nature. Cemeteries are getting slightly crowded and will
probably last until 2035-2040. They are hoping to expand on the property
already owned by the cemeteries and acquire more. Many people are
now doing genealogy searches, so we hope to be linked to the Town
of Orange website by spring which would be helpful to those in that
process. There are seven cemeteries with a total of 35 maintained
acres. The areas are quite spread out and it takes two full-timers
and Josh to do the landscaping, take care of burial services and maintain
their equipment. Robert Andrews asked Josh to state the clean-up periods
for the cemeteries. There are two – the first starts October
1 and runs for two weeks where all summer flowers and other gravesite
decorations should be removed so that the crew can finish fall work.
The second starts April 1 and runs for two weeks, as well, for the
removal of any winter decorations. Mr. Knetchel also stated that cemetery
regulations can be acquired from Doris Olson or Nancy Blackmer in
the Town Hall, or from him, but please call him first before visiting
the cemetery building because he might possibly be out in the field.
Those regulations can also be found on the Town website. Steven Adam
asked how residents might purchase a burial lot. Josh said to check
with him at the Cemetery Building. He or Ms. Olson would have the
prices. George Willard stated that there are limited spaces and funds.
Only the interest from the perpetual care account can be used by the
department for related costs.
7:00 p.m. – Waiving permit fees – The hearing notice was
read by Richard Sheridan. Steve Adam read the proposal he had created.
There were no others. Richard Sheridan stated he agreed with Mr. Adam,
but that he still wanted the Board to be able to waive fees under
special circumstances. Robert Andrews likes the structure, but was
concerned that the Little League would then have to pay the $25.00
fee. Rick Kwiatkowski stated that there were different types of non-profit
organizations other than the one stated in Mr. Adam’s proposal.
Robert Andrews asked that Mr. Kwiatkowski please check back for the
last two years to see what permits had been given out and what the
charges had been, if any. Both Mr. Andrews and Mr. Kwiatkowski agreed
that the rate should be “set in stone”. Richard Sheridan
suggested that there should be either no fee or $10.00 to cover all
permits. Steve Adam agreed. Robert Andrews moved that the rates be
no fee for Veteran’s Groups and Town activities, and a $10.00
for all others. These fees to become effective January 1, 2008. Seconded
by Richard Sheridan. All in favor. None opposed.
7:15 p.m. – Change of License Type – for Lionden Pub represented
by Doug Jillson. Richard Sheridan read the hearing notice. Rick Kwiatkowski
read the memo from Chief Spear stating he saw no problem with the
change. Mr. Jillson said he spoke with a business counselor, Mr. Kwiatkowski
and the ABCC. None foresaw any problems with the change. It would
become a member’s only club and would charge a yearly fee to
belong. Members would have to sign in any guests they want to bring
in and would be given a card or key of some type for entrance. Robert
Andrews wondered about River Rat Day and would having it be members
only cause loss of some business. Mr. Jillson stated that he would
still stay in compliance on that day. He stated that there is a charter
already in the works and the club would be run by a Board. Robert
Andrews moved to approve the change of license type and it was seconded
by Richard Sheridan. All in favor. None opposed.
7:30 p.m. – Community Development Strategy – Rick Kwiatkowski
stated that the Public Hearing on October 29 had to be continued to
today’s meeting because there were not enough residents. Only
he and the Community Development Office Administrative Assistant were
present. The priority had been changed to add Slum and Blight Inventory
to the top of the list because the Town must show that we are addressing
this. Robert Andrews asked why the Tree Management part was not in
this. Mr. Kwiatkowski stated it wouldn’t be because Chapter
90 or town funds may not be needed for this part. Federal grants for
the downtown and the airport are still ongoing and are rolling applications.
Robert Andrews stated he had a problem with the grant writer portion;
a job which is currently being done by the Town Administrator. Mr.
Kwiatkowski also stated that as projects become completed, they get
removed from the listing. Robert Andrews moved to accept the plan
as presented at this meeting. Richard Sheridan seconded. All in favor.
None opposed.
VI. OLD BUSINESS –
1. Discussion of Open or Executive Session for Town Administrator’s
Evaluation – Steve Adam stated he had checked into this with
Rep. Chris Donelan and the Attorney General’s Office. Neither
would make a statement either way. Richard Sheridan believes the Board
should err on the side of caution and do it in open session to give
the public access to what transpires. This should be done for evaluations
and complaints. He feels the law is clearly written in this matter.
Robert Andrews got a call from Town Counsel, Donna MacNicol who stated
that the open meeting law is in the process of being rewritten for
evaluations. Mr. Andrews stated that there will be a Selectmen’s
Training on November 29, 2007 at the Franklin County Jail which will
be discussing this very item. We have been discussing this since June.
He also stated that there had been a memo from the Town Administrator
indicating that all evaluations should have been done in October.
Mr. Andrews feels the Board had been lacking in keeping up with performance
reviews. He would like to have an accurate job description and list
certain values to be judged on a type of scoring sheet. He would ask
each member of the Board to do the same before they review Mr. Kwiatkowski.
He wants to know if there were goals clearly set from last year to
have been accomplished and to have set goals for the coming year.
Robert Andrews suggests the review be done in executive session, as
is past practice and to set goals for next year. Steven Adam also
mentioned that in the past, the review was never done in open session
and where he works they are not also. Richard Sheridan mentioned that
Steve’s business is different; there are privacy laws in effect
but that we are public employees and the open meeting law was written
for the public. Steve Adam ended the debate at 8:10 p.m. Robert Andrews
made a motion to have the Town Administrator’s review in executive
session with the change in format discussed earlier. Richard Sheridan
seconded. Two in favor. Richard Sheridan was opposed.
2. Trash Pick-up Discussion – Rick Kwiatkowski read a statement
by Roger Mallet that discussed the exorbitant costs that would be
involved and the confusion it might cause for the residents concerning
recycling and the landfill. Richard Sheridan agreed with this. Robert
Andrews read a statement dealing with this issue. (Statement attached).
The entire Board felt that the cost cannot be justified at this point
in time.
3. Sidewalk Plowing Discussion – Rick Kwiatkowski read a statement
from David Frye, Superintendent of Highways. Richard Sheridan questioned
the depreciation of the machine in the statement, stating that it
should last much longer than five years if we were to pay $115,000.00
for it. Also, that he considers the plowing of the sidewalks as a
safety issue for kids walking to school. He would like Mr. Frye to
tighten up the figures in his statement, verify the type of machine
he discussed and figure a one mile radius around schools. Mr. Sheridan
believes all sidewalks (17 miles) should be plowed to avoid problems
and feels it is the responsibility of the Town. Robert Andrews thought
that one operator would not be able to plow it all; two would probably
be needed because men from the Highway Department would not be able
to be taken from plowing the roads. Mr. Kwiatkowski stated that this
question is something for himself and the Board to work on.
VII. NEW BUSINESS
4. Letter from DCR regarding MacLeod property –Read by Richard
Sheridan. Rick Kwiatkowski stated that this would be under the Pilot
Program. The DRC would like the town to acknowledge their intention
to purchase this property and would like the 120 day term to be waived.
Robert Andrews made a motion to have the Clerk of the Board sign the
form stating that the announcement was made, but for the Chair not
to sign the 120 day waiver. It was seconded by Richard Sheridan. All
in favor. None opposed.
5. Fuel Assistance Program from Community Action – Richard
Sheridan read the letter from Community Action. Numbers for contact
are 413-774-2310 for Franklin County and 1-800-370-0940 for Hampshire
County. This notice will be posted in both areas of the Town Hall.
6. Approval of Designation as a Massachusetts Accredited Assessor
–Robin LaCroix received her designation approval letter from
Massachusetts Association of Assessing Officers. Robert Andrews moved
to send her a congratulatory letter. Richard Sheridan seconded. All
in favor. None opposed.
7. Letter from Massachusetts State Lottery Commission – Letter
read by Richard Sheridan giving notice that the Black Crow of 29 West
Main Street had applied for a Keno License.
8. Christmas Eve is Monday, December 24, 2007 - Question as to whether
the Town Hall should be open or closed. Richard Kwiatkowski stated
that because of the Tuesday holiday, bills and payroll need to be
submitted on the Friday before. The Accountant and Treasurer both
believe they can finish the necessary work that day. Mr. Andrews commented
that the Town Hall would usually be open a half day and has a problem
with it being closed the entire day. Richard Sheridan felt that it
should be closed. Steve Adam asked that if it were closed, would workers
be paid. Mr. Kwiatkowski said they would. Mr. Andrews wondered if
we would be setting precedent if closed. It became a dead issue because
one Selectman was for closing, one for half a day and the third cannot
vote because his wife works in the Town Hall. It was left to the Town
Administrator to decide.
VIII. TOWN ADMINISTRATORS REPORT
• The old ladder truck was sold on E-bay to a person in Ohio
for the amount of $2550.00 after there were 38 genuine bids.
• Ed Billiel - there are forms to be filled out for an annual
filing because of the loans through the USDA that were taken out in
the 70s.
IX. MUNICIPAL CALENDAR - nothing discussed
X. PROCESS – Richard Sheridan brought up the issue of the unregistered
motor vehicle bylaw and questions that should be asked of Class I,
II, and III licenses. He feels that the policy /bylaw is being applied
incorrectly and the application for yearly renewal should be the same
as if they were applying for a new license which is approved by the
RMV. Mr. Andrews suggested that Mr. Sheridan and Mr. Kwiatkowski meet
to discuss this further.
Robert Andrews asked if the Town Hall was going to get student interns.
Mr. Kwiatkowski stated that it probably wouldn’t be until after
the first of the year.
Mr. Andrews wanted to acknowledge that Wal-Mart had donated an American
Liberty Elm which has been planted in Butterfield Park. It is disease
immune and should be about 20 feet tall in 10 years. A motion was
made by Robert Andrews to send a thank you to Wal-Mart. It was seconded
by Richard Sheridan. All in favor. None opposed.
Rick Kwiatkowski stated there will be Christmas in the Park the
day after Thanksgiving from 5:15 p.m. until 5:45 p.m. Santa will arrive
at 5:30 p.m.
XI. VISITORS – none
XII. MOVE TO ADJOURN – There was a motion to adjourn by Robert
Andrews; seconded by Richard Sheridan. All in favor – none opposed.
Meeting adjourned at 8:50 p. m.
NEXT MEETING – November 28, 2007
Respectfully submitted,
_____________________________
Nancy J. Lyman, Administrative Coordinator
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