Orange Board of Selectmen Meeting
May 16, 2007

Present: Chairman Steven Adam, Vice Chairman Robert Andrews,
and Clerk Richard Sheridan

Also Present: Town Administrator Rick Kwiatkowski and
Administrative Coordinator Carol Mayer

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 motioned to approve the minutes of the May 2, 2007 meeting as presented. Richard Sheridan second. All in favor. None opposed.

III. ANNOUNCEMENTS – Richard Sheridan read emergency exit information; the Town of Orange Recycling Center/Transfer Station will be closed on Tuesday, May 29, 2007 for the Memorial Day holiday, but open on Wednesday, Thursday and Saturday, May 30, 31 and June 2, 2007; notice that the Orange Agricultural Commission is looking for five members engaged in the pursuit of agriculture or forestry and residents of Orange or owners and farmers within the town; and the Bicentennial Committee is looking for people interested in “Friends of the Bicentennial Celebration” to plan all aspects of the town’s Bicentennial celebration.

IV. PERMITS – none

V. ACTION –
6:45 p.m. – Orange American Legion Post #172 – Steve Rowe thanked the Board of Selectmen for opening up their meeting at the American Legion Post #172 on May 23, 2007 for the purpose of the Honor Roll. He explained that 4 years ago, flyers were sent out regarding the location and style of the Honor Roll. There was never much discussion on the style, 85% (300 residents) voted and agreed they liked the style. As for the location, 76% voted Memorial Park, 14% American Legion, 4% voted at the rear of the Town Hall and 6% did not choose. There have been a lot of phone calls about location and it is difficult to make a decision, so he asked the Board of Selectmen for their thoughts. Steven Adam received a proposal to place the monument at Riverfront Park, but Rick said they could jeopardize the grant by putting it there. Richard Sheridan feels that it should be at Memorial Park and 76% people voted to have it placed at Memorial Park. Robert Andrews said that we need action within the town. Town Meeting appropriated $18,000 in 2002 and the American Legion raised $17,000 for the replacement. Rick Kwiatkowski has been informed that there will be no money from the Senate budget. Kate at Senator Brewer’s Office said that it was removed from the Senate budget. Mr. Andrews said it is very important to move forward, get a design in place and dedicated on Memorial Day 2008. Rick Kwiatkowski spoke about procurement laws for the procedures of design selection. A Design Selection and Construction” committee should be formed and they will follow through to the end of the construction. The board discussed whether a monument is considered a structure and if they can do just Design/Build. Rick will look at the procurement laws. Robert Andrews moved that the new granite Veterans Honor Roll be placed in Memorial Park on South Main Street. Richard Sheridan second. There will be two public hearings after the design is back to determine where the monument will fit. All in favor. None opposed. Robert Andrews moved to appoint an Honor Roll Design Selection and Construction Committee to consist of one member of the Board of Selectmen, one member of the American Legion, Post #172, one member of the Orange Revitalization Partnership and two members of the Town of Orange public at large. Richard Sheridan second. All in favor. None opposed. Richard Sheridan moved to appoint Robert Andrews as the Board of Selectmen representative for the Honor Roll Design Selection and Construction Committee because of his involvement in the project already. Steven Adam second. Both in favor. Robert Andrews abstained. None opposed. We will need to send a letter to Candy Ashendon of Orange Revitalization Partnership to pick someone to be on the Honor Roll Design Committee.

Steve Rowe announced the Memorial Day services on Sunday, May 27th they are meeting at the Orange Fire Station at 8:30 a.m., proceed to West Orange Cemetery for a 9:00 a.m. Memorial Service, proceed to Holtshire Cemetery for 9:20, back to the Orange Fire Station for a 10:00 a.m. service led by the SAL Color Guard. Monday, May 28th, they will meet at the Orange Fire Station at 7:30 a.m., proceed to Jones Cemetery for 8:00 a.m., to North Orange Cemetery for 8:20 a.m.; and then to Tully for 9:00 a.m. parade and Memorial Service at Central Cemetery.

7:00 p.m. – Community Development Office/HRA– Bruce Hunter of HRA, who administers the grants for the Town of Orange, spoke about active Community Development Block Grants, FY05 Eddy Street Neighborhood Stabilization, completed in November 2006, and Housing Rehabilitation Program that will be completed in June 2007. For FY06, Prospect & Summit Street Neighborhood Stabilization is in process and should be completed in June 2007, Downtown North Target Area for Housing Rehabilitation with completion by June 2008, and two Social Service Projects, the Literacy Project Next Steps and Even Start Learnin’ n’ Chillin’. FY07 Community Development Fund Applications are under review at the Department of Housing and Community Development and anticipates funding by July 2007. Those projects include High Street Neighborhood Stabilization, Downtown South Target Area for Housing Rehabilitation Program, and three Social Service Projects, Franklin County Home Care, Young Entrepreneurs Society (YES) and North Quabbin Citizen Advocacy. Applications for FY08 Community Development Fund are due in March 2008. The town will be holding informational meetings to develop projects and programs for this application, revise and update the town’s Community Development Strategy, which will begin late summer and go through the winter of this year. One project they anticipate will be on the application is to continue the project bid for High Street. There are 10 homes in the process of housing rehab, but they may be able to transfer $50,000-$60,000 into Housing Rehab for additional homes in Orange. Donna Cote will have a conversation with DHCD about going outside the target area and how much money will be left over to do this. This money would service 2-3 more families with rehab. In the past 8 years, the Town of Orange has been granted approximately $7M, 2005 was just less than $700,000 (social services were eliminated); 2006 was $1M; 2007 was $1M; and 2008 will be the same. For FY08, west of Town Hall needs to be surveyed to see if they meet low-to-moderate income requirement. The Board noted the major improvement to the Downtown North area.

7:15 p.m. – Council on Aging Appointments –Appointees for the Council on Aging were not present, so the Board of Selectmen tabled this item for next meeting. Robert Andrews motioned the Board to accept the letter of resignation from the Council on Aging for Mary Bevis, Mary Lawson and Sally Songer and send a letter of regret and appreciation. Mary Bevis and Mary Lawson submitted letters of resignation and Sally Songer responded in March that she did not want to be reappointed. There has been no letter from Dennis Songer. Richard Sheridan second. All in favor. None opposed. They mentioned that if there is any interest in Council on Aging to let them know. Richard Sheridan motioned to also send a letter of appreciation to Dennis Songer for his service. Robert Andrews second, but feels that it is the member’s responsibility to send a letter of resignation or no interest. Vote: Richard Sheridan yes, Robert Andrews no, and Steven Adam no. One in favor. Two opposed. Motion failed.

7:20 p.m. – Orange Recreation Association Appointments – A letter was received from Helene Holmes, ORA Secretary, asking the Board to appoint Suanne Richardson to the Orange Recreation Association Board of Directors. Suanne could not be present, but offered to come to the next meet if needed. The Selectmen know Suanne and approved this appointment. Robert Andrews motioned to appoint Suanne Richardson of 75 Mechanic Street to the Orange Recreation Association Board of Directors. Richard Sheridan second. All in favor. None opposed.

VI. OLD BUSINESS
Class II License Principal Business – Richard Sheridan said the Ethics Commission will allow him to give a statement of fact of research done on a Class II License discussion, but advised him to leave the room after the statement. Mr. Sheridan stated he has done extensive research on MGL Chapter 140, Chapters 59-64 and feels that the intent of Principal Business is to make it easier for the Registry of Motor Vehicles to track vehicles and to make licensees have an actual business location. The law is not intended for everyone to have a license, but more for dealers that go to auctions with proof they have a licensed business. At the inception of title, you must be a licensed dealer and have a license to conduct business. “Principal business” means many things in case law, which is clear by Donna MacNicol’s letter, but it is not defined in state law. It is not to make all licensees principal businesses. Mr. Sheridan left the room for the rest of the discussion.

Steven Adam said the issue they are discussing is the Class II businesses operating without being a principal business. Some have been grandfathered in and some new applications are not necessarily principal businesses. The crucial part of Donna MacNicol’s letter is “The point truly is that the person cannot make selling cars a hobby. S/he cannot be unavailable on a regular basis nor lack knowledge of the requirements of the license. The purpose of the statute is that the person selling cars must be responsible, have a proper location for the business, have knowledge of the requirements of a Class license and take the business seriously If enough time is not spent at the business it is hard to argue that the owner meets these requirements.” Robert Andrews stated that there is no consistency with the issuing of Class II licenses. They could set policy for the future and all new licenses going forward would have to meet new criteria set. Rick Kwiatkowski suggested that the Board of Selectmen write questions to be added to future Class II License applications such as hours on location? Is owner readily available? Is this a hobby? Then policy can be set for new licenses and rescind past actions if necessary.

2. Goddard Trust Scholarship – Robert Andrews previously proposed an amendment to the Goddard Trust Scholarship guidelines: #1 to involve both Mahar Regional and Franklin County Technical Schools. The Board discussed home-schooled students who have to submit their plans to Mahar Regional and will be entitled under the Goddard Trust guidelines. #6 amendment is also to include both Mahar Regional and Franklin County Tech Schools. Amendment on #8 is that the vote be done prior to December 15th to include the interest earned from January 1st to December 15th. With this amendment, they will be missing one month of interest, so they agreed to go from December of the previous year to December of the present year to get all 12 months interest for the scholarship. #9 amendment is that the schools shall inform the Selectboard of the award by July 1st of each year, after school graduation. Robert Andrews motioned to incorporate the changes as discussed by the Board of Selectmen regarding the Goddard Trust Scholarship criteria. Richard Sheridan second. All in favor. None opposed.

VII. NEW BUSINESS
3. Application for Sewer Abatement – Robert Andrews motioned to approve the application for sewer abatement for David Boutall of 169 East River Street for $41.40. Richard Sheridan second. All in favor. None opposed.

4. Assistant Treasurer - Steven Adam left the room during this discussion due to a conflict. A memo was received from Leigh Deveneau, Treasurer, asking that Linda Adam be appointed Assistant Treasurer in her absence. This would enable her to perform any duties necessary if Leigh is gone and Ms. Adam is already bonded for these duties. Jeri Deyo, Collector, has been acting Assistant Treasurer and it would relieve some of her burden. Rick explained that this would help when Leigh is on vacation, Linda can sign payroll and transfer money. Robert Andrews asked if the extra money in the Treasurer’s budget is for the Assistant Treasurer with the Union coming in. Rick explained that Linda did not get a raise, but the money was approved at Town meeting for 28 hours/week. Richard Sheridan motioned that Linda Adam be appointed Assistant Treasurer in Leigh Deveneau’s absence, but continue as Treasurer’s Clerk. Robert Andrews voted yes. Richard Sheridan voted yes. Steven Adam abstained. Richard Sheridan motioned to rescind Jeri Deyo’s position as Assistant Treasurer effective May 16, 2007. Robert Andrews second. Richard Sheridan yes. Robert Andrews yes. Steven Adam abstained. Two in favor. One abstention.

5. Request for Comment on Special Permit Application – 41 Packard Road – Planning Board requested comment from the Board on a Special Permit Application filed by Andrew Calvi for 41 Packard Road. Robert Andrews asked about the side set back requirements in that area. The building is non-conforming, but if he is demolishing the building and rebuilding, they should be required to push it back to conform with the property line. Robert Andrews moved that the Board of Selectmen’s comment to the Planning Board should be to look at requiring the setback and property line to be in compliance. Richard Sheridan second. All in favor. None opposed.

6. Fire-Rescue-EMS – Comstar Write-Offs – Request from Chief Dennis Annear to approve write-offs for $1,606.66 for the month of February 2007 and -$114.27 for the month of March 2007 as recommended by Comstar, the ambulance billing agent. Robert Andrews motioned to approve the Fire Chief’s request to write off $1,606.66 for the month of February 2007. Richard Sheridan second. All in favor. None opposed. Robert Andrews motioned to approve the Fire Chief’s request to write off -$114.27 for the month of March 2007. Richard Sheridan second. All in favor. None opposed.

7. Jobs for Youth Program – The Town of Orange is honored to have an article about Jobs for Youth Program in the Municipal Advocate. They mentioned the work that the Safe Neighborhood Initiative program has done in the community, providing jobs and the exploring future employment with a safe and positive place for teens to spend time. The Attorney General has budgeted $250,000 for Jobs for Youth Program and stated that “great work has been done in the area”.

VIII. TOWN ADMINISTRATORS REPORT
• Rick Kwiatkowski suggested that when the Board of Selectmen sends comments to the Planning Board, the Planning Board should respond back advising them of their decision. Notice of the Planning Board’s decision is given to the Selectmen, but the actual minutes could be copied for the Board to know the decision.
• Keith Wilson of Franklin Regional Council of Governments will do traffic counts in the area as requested, from Wal-Mart to Brookside Road and also from East Road to the Athol town line throughout June and July.
• The Recycling Center’s packer truck arrived. Pictures of the truck were reviewed by the Board and a memo from Priscilla Curtis thanking the community for supporting this needed truck.
• Rick received a notice from MassDevelopment that Orange is one of 8 communities that will receive part of a $1M asbestos remediation grant. Orange will receive $50,000 for asbestos and lead removal at Putnam Hall, proposed to become retail, gallery and office space.
• The Board of Selectmen received notification that Town Accountant Lori Blanchard received her certification as a governmental accountant. She is one of 23 that will be recognized as being awarded at a spring conference. Robert Andrews motioned that a certificate be prepared in recognition of Lori Blanchard, thanking her for going a step beyond to receive this honor. Richard Sheridan second. All in favor. None opposed.
• Rapid Response will be at Thomas & Betts on June 13, 2007 to assist with future employment for those losing their jobs.
• Reminders were mailed out from the Tax Collector of overdue quarterly tax bills. Green and yellow bills were sent for both 3rd and 4th quarter and both were due on May 1st.
• Rick reminded everyone of the Michael Picket concert this weekend, Saturday, in the Ruth B. Smith Auditorium.

IX. MUNICIPAL CALENDAR – Third quarter reconciliation of cash has been done. Rick will be having a Finance Team meeting to go over any other issues.

X. PROCESS
• Robert Andrews made note of a copy of the letter from Verizon in their mailboxes. He found this letter very interesting because of the request from the Cable Commission to send a letter to Representative Donelan and Senator Brewer, but they did not have the entire story.
• Mr. Andrews also noted a memo about a payroll calculation error that will be addressed at Fall Town Meeting. Rick clarified that this an accounting issue to correctly reflect the number of days in a fiscal year rather than the number of days in a year.
• Richard Sheridan – no process.
• Steven Adam –no process.

XI. VISITORS – Michael Goguen of Heavenly Hotdogs found a spot to put his hotdog stand, across from the Courthouse parking lot, but was told needs authorization from the Board of Selectmen because it is Town property. Rick Kwiatkowski said he misunderstood the location that Mr. Goguen was referring to. He thought he was talking about across South Main Street at the old Getty lot, but Mr. Goguen is talking about property the town leases for $1.00 from Rodney Hunt for overflow parking at the Courthouse. Mr. Goguen said he could set up in the middle of the parking lot, which is wide open, with parking places around the outside of the lot. Rick said he would pull the agreement between the town and Rodney Hunt to determine options. Rick asked if Mr. Goguen spoke with Sandri about the Sunoco Station on East Main Street. He also advised that, when Mr. Goguen is looking at different locations, he should consider the zoning bylaws as he is classified as a take-out restaurant.

MOTION TO ADJOURN – Robert Andrews motioned to adjourn at 8:50 p.m. Richard Sheridan second. All in favor. None opposed.

NEXT MEETING – May 30, 2007

Respectfully submitted,

_____________________________
Carol Mayer Administrative Coordinator