Orange Board of Selectmen Meeting
May 30, 2007

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

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

I. CALL TO ORDER:
Vice Chairman Robert Andrews called the meeting to order at 6:30 PM, followed by the Pledge of Allegiance.

II. APPROVAL OF THE MINUTES – Richard Sheridan motioned to approve the minutes of the May 16, 2007 meeting as presented. Robert Andrews second. Both in favor. None opposed.

III. ANNOUNCEMENTS – Richard Sheridan read emergency exit information; a 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; and the Honor Roll Design Selection and Construction Committee has 2 public-at-large positions available which will be discussed at the June 13th BOS Agenda.

IV. PERMITS – none

V. ACTION –
6:45 p.m. – Board of Assessors –Jay Closser, Board of Assessors Chairman, introduced other members Shari Carey and Norman Bartlett who have been Board members for a number of years. A Request for Proposal for the reval done and Patriot Properties’ proposal was selected. They are planning to begin the reval in June with a goal to get it done on time and get tax bills out on time. We may find that values have flattened out because sales in 2006 did not go up as they did in 2004 and 2005. Patriot is well known and used by the majority of towns in the Commonwealth. This year, there will be a lot of physical review of property, but not so much an effort to view the interior. With this, it will get done in a timely manner. There is a new computer system in the Assessor’s Office, purchased with money saved for work done in-house. They recently received new maps which are being worked into the system. The Assessors also hope to have New Growth calculation done prior to the reval. There are a record low number of abatements this year, which mean that values are pretty good. Richard Sheridan asked about new growth numbers in relation to new construction and building permits and how the 100% market value affects everyone’s taxes, even those that did not improve their property. He also mentioned the prospect of in-house revals which were previously suggested. Mr. Closser agreed that inhouse would be very wise and cost effective for the Town, but they are not even close to that stage yet. Shari offered information about the term “100% market value” and explained that doing a straight 100% market value does not work because there are too many variables. The plan is to start reval in June, get preliminary certification approved by DOR, then present to the public in October, and tax bills will go out at the end of December. The final date for setting the tax rate is October 13th, which is all part of the contract with Patriot now. After the reval, a public hearing will be held to discuss the information that is presented to residents. Jay encouraged everyone to look at their card and point out any discrepancies. Assistant Assessor, Robin LaCroix, in the audience, was introduced to the Board the viewing public.

7:00 p.m. – Town Accountant– Lori Blanchard, Accountant, said that the auditor, Mike Nelligan, from Powers & Sullivan was at the Town Hall working on the FY06 Audit. They will be at the June 27th Board of Selectmen meeting to present the final audit, which will put the Town on schedule. Richard Sheridan asked about the reconciliation. Ms. Blanchard said that the Collector, Treasurer and Accountant are all caught up and on track. Rick Kwiatkowski said they will begin the process of FY08 transfers that are allowed by statute. The Finance Team meets monthly to address any particular issues. Lori Blanchard mentioned that she passed her exam at UMass to be certified as a Municipal Accountant. Robert Andrews presented Lori with a Certificate of Recognition and Appreciation signed by the Board of Selectmen for the completion of her certification to be Government Accountant. They thanked her for a job well done.

7:15 p.m. – Council on Aging Appointments –Clifford Fournier introduced Claire Tellier to the Board of Selectmen who has been recommended for appointment to the Council on Aging. Agnes Maynard changed her mind and will not be serving on the Council Richard Sheridan thanked Ms. Tellier for serving as it is hard to get people to step forward. Richard Sheridan motioned to appoint Claire Tellier to the Council on Aging. Robert Andrews second. Both in favor. None opposed.

7:20 p.m. – Police Academy Appointments – Sergeant John Bartus introduced Benjamin Kovacevic, 62 Dexter Street, recommended for consideration for appointment as a temporary full-time Police Officer and then a full-time Police Officer on the first day of the academy in July 2007. Sergent Bartus said Officer Kovacevic will be filling the position vacated by Robert Fisher who retired. Officer Kovacevic will be a good replacement; he is well liked, has served in the military, presents himself very well in the courthouse, and knows the system well. Richard Sheridan motioned to appoint Benjamin Kovacevic as a temporary full time Police Officer until his permanent appointment date on the first day of the academy and to authorize the Vice Chairman to sign all documents pertaining to that appointment. Robert Andrews second. Both in favor. None opposed.

7:30 p.m. – Dog Hearing – McLaren/Lavoie - Robert Andrews went over the procedure for a Dog Hearing, which is recorded by the Administrative Coordinator, Athol Daily News and Greenfield Recorder, and aired on AOTV. All parties present were introduced, Complainant Barbara McLaren, and Orange Dog Officer and Assistant, Rosa and Jon Calcari. Richard Sheridan read the written complaint, received at the Town Hall on April 11, 2007. All parties swore to tell the truth. Michelle Lavoie, dog owner, was not present. A letter was sent by certified mail and regular mail, certified was not claimed, but the regular mail was not returned. Michelle Lavoie has not registered her dog with the Town Clerk and no verification of rabies vaccine has been received. Rosa Calcari went through events starting on April 11, 2007, when the Dog Officer was first contacted by Barbara McLaren about Michelle Lavoie’s male Pomeranian named Foxy attacking her dog on her own property. This has been a longstanding problem and there was a lengthy dog hearing two years earlier in which a pit-bull was ultimately removed from the Lavoie household. According to the Town Clerk, there was no record of a dog at the Lavoie address, so Citation #706 was issued for Failure to License and Failure to Vaccinate. She has to appear in criminal court on June 25th at 8:30 a.m. to be arraigned for these citations. If she does not show, a citation for failure to appear will be issued for her arrest. Barbara McLaren said that the dog is always loose and urinating on her property. The dog is left out in all kinds of weather conditions with no doghouse or water; she should respect other people’s property and should have to be in compliance with the leash law. The Board agreed and remembered that two years ago they had ordered Ms. Lavoie’s dog removed. Mr. Andrews talked about the dog owner’s responsibility to contain the dog by restraining or chain-link fence. Richard Sheridan asked for clarification on the fine process from January to present, which begins with a $5.00 licensing fee, then letters are mailed with citations at $50.00 for failure to license and $50.00 for failure to vaccinate. There is a pattern of lack of respect to the Dog Officer, Board of Selectmen, dog(s) and neighbors. The dog has no shelter or water, and no restraint, which is hazardous to the dog, especially a dog under 10 lbs. The Dog Officer has not been able to catch the dog while loose. The Board decided to render a decision to reinstate the order after 2 years with no change in the conditions and the owner being non-responsive to letters or complaints. They decided to order that a new home be found for this dog by a letter hand delivered by a Police Officer and signed that it was received, advising Ms. Lavoie of the appeal process. Richard Sheridan motioned to send a letter to Michelle Lavoie that she is ordered by the Board of Selectmen to find a new home approved by the Dog Officer with 10 days to act upon this order. If not done, the order will be taken to the Police Department to be carried out. Robert Andrews second. Both in favor. None opposed. Hearing closed at 8:04 p.m.

VI. OLD BUSINESS
1, The Rule of Necessity – At a previous meeting the Rule of Necessity was voted on to sign payroll warrants during vacancies from Board of Selectmen. With Steven Adam being away, Richard Sheridan motioned that the Board authorize the application of Rules of Necessity when a Board of Selectmen member is missing or there is a conflict. Robert Andrews second. Both in favor. None opposed.

VII. NEW BUSINESS
2. 2nd Round of s.319 Grant for Riverfront Park – David Frye, Highway Department Superintendent, standing in for Kimberly Noake MacPhee of FRCOG, to explain the s.319 Grant Program for storm water improvements for the area up gradient of and including Orange Riverfront Park. The grant program requires a 40% match for the total project cost and the town can use Chapter 90 funds and in-kind services for the match. Another possible source of match funding is the Urban Self-Help grant program. The application is due in Worcester on June 4th and the Town must commit to providing the 40% match. If the town is unable to provide the match after it is awarded, the Town can choose to decline the award if necessary. Robert Andrews is concerned about the matching funds and spending Chapter 90 funds on anything other than roads, as there are so many in need of repair. It was clarified that the Town will commit only when funds become available, and it involves $350,000 which is reimbursed as we spend it. Mr. Frye said he would get estimated figures for funding requested and the percent of match proposed for Mr. Andrews before sending the application out. Richard Sheridan motioned to allow the Board of Selectmen Vice Chair to sign the letter of support and the application for s.319 Nonpoint source Pollution Grant Program, contingent on funding of FY08 Chapter 90. Robert Andrews second. Both in favor. None opposed.

3. Letter of Interest – Chapter 43D: Local Expedited Permitting Program - Bruce Scherer, Chairman of the Planning Board thanked the Board of Selectmen for expediting this matter by placing the Chapter 43D discussion on the agenda. The Planning Board discussed at their meeting of May 22nd and voted to ask the Selectboard for a letter of support from the Town to Franklin Regional Council of Governments expressing interest in receiving technical assistance to explore the possibility of adopting the provisions of MGL Chapter 43D and selecting a Priority Development Site (PDS). The benefits of opting-in are 1) Grants up to $150,000 for things like professional staffing assistance, local government and reorganization and consulting services; 2) Priority consideration for PWED, CDAG, Brownfield remediation assistance, infrastructure funds and other financing through quasi-public organizations; 3) Aggressive online marketing of your site and promotion of your pro-business regulatory climate; and 4) Collection of special fees for priority development site permit application. The Board discussed the Priority Development Sites but the criteria may not apply to certain areas. Robert Andrews asked how many communities have accepted. Bruce said that 14 out of 29 towns in Franklin County are interested. The letter of interest to FRCOG needs to be in by June 4th, but this is just preliminary. The Board will have final approval for the Priority Development Site and then it will go to Town Meeting. Richard Sheridan moved to send letter of interest to Franklin Regional Council of Governments in pursuing involvement in 43D Expedited Local Permitting Program. Robert Andrews second. Two in favor. None opposed.

4. Request Franklin County Solid Waste Management District FY08 MOU – Priscilla Curtis, Superintendent of the Orange Recycling Center/Transfer Station, submitted two copies of the FY08 Memorandum of Understanding (MOU) for hauling services with prices found on Attachment A. Priscilla said that the 2008 prices are basically the same that the Town is paying in 2007. We pay $146 per haul now, new price is $154/haul; $79 per ton now, new price $81/ton; and $30 per month roll-off rental is the same. Anticipated figures are in the Recycling Center budget. Normally there is no fuel surcharge and there should be no impact with the new truck. Richard Sheridan motioned that the Board of Selectmen approve the Franklin County Solid Waste Management District Memorandum of Understanding for hauling of bulky wastes with prices found in Attachment A of MOU. Robert Andrews second. Both in favor. None opposed.

5. Massachusetts Municipal Association Cable Franchising Campaign Kit – Notice from MMA on Verizon Communication submitting information to the legislature asking that the franchising process be changed. MMA is requesting that the Board of Selectmen write a letter to the State House for a hearing on June 5th to stop Verizon and also request a copy of this Cable Franchising Campaign Kit. The Board had this discussion with the Cable Compliance Committee at a previous meeting and decided not to support stopping Verizon, are happy with that decision, so they will take no further action.

VIII. TOWN ADMINISTRATORS REPORT
• Rick Kwiatkowski showed the Board a great brochure done by Michael Ruocco called “Experience North Quabbin” that promotes all 9 towns in the North Quabbin Region, listing town websites, contact phone #’s and events.
• There will be a Job Fair on June 13th from 9:00 a.m. to 4:00 p.m. at Thomas & Betts with Rapid Response for 138 individuals losing their jobs. The Thomas & Betts plant will be closed on July 1, 2007. Interviews will be conducted all day, even through shift changes.
• Robert Andrews asked about the environmental review that Steve Adam spoke about. Rick Kwiatkowski said that Mr. Adam was going to speak with Roger Mallet at the Board of Health.
• The Town is in the final stages for Riverfront Park. The building kit will be delivered on June 7, 2007. Department of Conservation & Recreation is giving the Town a $25,000 grant and Mr. Kwiatkowski requested an extension to spend from June 30, 2007 to June 30, 2008. Richard Sheridan moved to authorize the Vice Chair to sign the Standard Contract Amendment with an extended date to June 30, 2008. Robert Andrews second. Both in favor. None opposed.
• The last class for 3 levels of Excel Training with People Forever was on May 30th
• Training for use of a defibrillator will take place on Friday, June 29th from 8:30 to 12:30 for Town Hall and Armory personnel as part of emergency training. The Town Hall will be closed during this training. This can be discussed further on June 13, 2007
• There are bid openings for trash for the School, and plowing for School and Highway Department.

IX. MUNICIPAL CALENDAR – none.

X. PROCESS
• Richard Sheridan asked if they could discuss Executive Sessions for job performance reviews on the next agenda. He understands the Attorney General’s recommendation, but he would like to discuss at BOS meeting. Rick will look at June 27th because the next meeting is full.
• Robert Andrews asked about the status of abatements per the Tax Collector’s request. Rick said that Jeri Deyo and Dot Ruby worked on a list for tax title taking, but is not sure how they made out with the abatements. Jeri will be here on June 13th so questions can be asked at that point.

XI. VISITORS – Charlie Scott of Eagleville Road attended the Conservation Commission
meeting regarding Marjorie Street building and development which is causing people property damage. Alec MacLeod told them he cannot delineate property, they need to call a specialist for that work. He would like to know if the Town Administrator or the Board of Selectmen can work with the Conservation Commission on how they conduct their business. Conservation Commission has to approve new developments and building lots along with other Boards and he would like the Board of Selectmen to work with these Boards to be sure Conservation Commission checking buffer zones and checking that things are done correctly.

Mr. Scott talked about how they at are still pumping 1½’ water out of his house on Eagleville Road as of February 2007. Nothing has changed and the pump is on a timer, pumping until 8-8:30 p.m. The residents on Eagleville Road have sink holes in their yards which is dangerous. His main concern is who is responsible to follow through with conditions placed on building. Robert Andrews explained that the Selectboard has no jurisdiction over the Conservation Commission and they cannot request they work with the Board of Selectmen. Conservation Commission Chairman Alec MacLeod has always assisted whenever he has been asked by anyone, including the residents of Eagleville. Mr. Scott reiterated that we need someone to follow through to prevent damage to people’s property. Conservation and other Boards need to make sure that development is done the right way. The residents end up paying for it if it is not done correctly. Richard Sheridan explained that a purchaser hires a wetlands expert to delineate. The local Conservation Commission cannot. Conservation Commission’s involvement is previous to the building permit being issued. They need to observe the building within the buffer zone, but other than that, they have no jurisdiction. The Commission has to sign as long as the builder does what he is supposed to do. The Highway, Board of Health and Conservation Commission sign before the building permit is issued, then again after, to be sure they are compliant. Charlie Scott does not believe that this is happening enough. He feels that the Board of Selectmen should check out more because all other property is affected. If building is done right the first time, we would not have these problems. Mr. Scott walked around Marjorie Street and there is high water, fluctuating, but is not sure where it came from. Mr. Scott would like to see that things are done right and check over at the end.

Rick Kwiatkowski suggested that Charlie Scott get involved and serve on a committee, even the Conservation Commission. Charlie said that there are ongoing problems and there should be an effort made from the Town to be sure that things are done the right way. It was explained that the law ties all Board’s hands, prohibiting the Board of Selectmen from telling them what to do. But Conservation Commission responds to State DEP and the Wetlands Act.

Charlie said that someone needs to take responsibility where building is being done.

Richard Sheridan said that until there is evidence that the builder or a Board did something wrong, they did it right. This is not the Board of Selectmen’s pervue and nothing can be done from where they sit.

Mr. Scott said that the reason he is here is because there is a pattern of not enough responsibility. He would like to see them avoid this type of situation. He feels for the people. He asked if the Selectboard could speak with the Conservation Commission, Planning Board and Building Inspector to consider checking people out that come into town to build. The Board responded that the Building inspector enforces the building code under the jurisdiction of the Planning Board and Zoning Board of Appeals. If all criteria are met, they cannot refuse someone a building permit because of who they are.

Rick Kwiatkowski asked Charlie Scott to let him know if the sink holes still exist and if it is still an issue.
Mr. Scott thanked Rick and the Board of Selectmen.

Officer Clay Rushford from the Orange Police Department came in to advise the Board of Selectmen of an occurrence over the weekend; Canine Jet is out of service. The medical diagnosis is lumbosacral stenosis which is a neurological condition in his rear quarter. The doctors have tried drug therapy which did not work. He has been delivered to the surgeon to do surgery on Thursday morning. They will have no canine capability for 6 weeks. The Pioneer Junior Women’s Club will help with the financial burden. The town is well networked and will have coverage if they request mutual aid assistance. The type of situation will influence who is brought in. The vet said that if this is not addressed, the prognosis is grim. If all goes well with the surgery, Jet will be back as good as new.

MOTION TO ADJOURN – Richard Sheridan motioned to adjourn at 9:00 p.m. Robert Andrews second. Both in favor. None opposed.

NEXT MEETING – June 13, 2007

Respectfully submitted,

_________________________________
Carol Mayer Administrative Coordinator