Orange Board of Selectmen Meeting
June 13, 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 30, 2007 meeting as presented. Richard Sheridan second. All in favor. None opposed.

III. ANNOUNCEMENTS – Richard Sheridan read emergency exit information; a legal notice from Athol Office of Planning & Development for a public hearing on Thursday, June 21, 2007 at 7:30 p.m. to establish a business loan fund and provide technical assistance for (9) North Quabbin Communities; the Central Mass. Steam, Gas & Machine Association 31st Anniversary Yankee Engine-uity Show on June 22-24, 2007, Orange Community Band Concerts on the Bandstand to begin on June 22nd and continue to July 27, 2007; Orange Town Hall will be closed on Friday, June 29,2007 for defibrillator training; Zoe Darrow Concert at the Town Hall on June 30th at 7:30 p.m.; vacancies on various Town Boards/Committees; and the Bicentennial Committee is looking for people interested in “Friends of the Bicentennial Celebration” to plan aspects of the town’s Bicentennial celebration.

The Board asked Rick Kwiatkowski about mandatory attendance to the defibrillator training on June 29th and the closing of the Town Hall. Rick explained that there will be a defib unit, received by a grant, placed at the Armory and another at the Town Hall, and the Fire Chief wants everyone trained on this user-friendly, three-step unit. The defib unit will be able to sustain a person until an ambulance shows up and should not be placed in the Town Hall if people do not know how to use it. Rick offered to have Dennis Annear bring the unit in to the next Selectboard meeting so he can demonstrate it to the Board. If they still do not like the idea, the Board can cancel the training for that Friday. The Board agreed.

1. PERMITS –
James Milligan of Jim’s Dog House applied for a Common Victualer License to operate a hotdog cart at 71 Daniel Shays Highway. A letter was received from Chief Spear with his concern that there is a lack of parking for prospective customers and vehicles cannot park on the state highway. It is also a very busy intersection being right across the street from the entrance to the industrial park. Mr. Milligan’s plan is to have people pull in off the highway around to the front and side of truck. He showed the Board pictures of his setup at this location. Mr. Milligan had written permission from Carl Smith to use this property and will operate from approximately 10:00 a.m. to 2:00 p.m. He will be able to leave the cart at this location permanently or take home. The Board of Health has already checked over and gave him a permit and his CORI checked out. The Board asked Mr. Milligan to put up a “No Parking in Street” sign because people will park in the street if they are not told not to. Robert Andrews motioned to approve the Common Victualer Permit to James Milligan of 109 Mountain View Road in Athol for Jim’s Dog House to be located at 71 Daniel Shays Highway from Monday to Sunday from 9:00 a.m. to 3:00 p.m. with three cones and three signs, two at each end indicating “No Parking on Highway” and one sign with “Parking Area ?”. Richard Sheridan second. All in favor. None opposed.

V. ACTION –
6:45 p.m. – Treasurer –Leigh Deveneau explained her duties as Treasurer of managing money and keeping up on the bank rates and interest earned. Departments bring money to her office which she verifies and deposits. She also processes payroll and reconciles with Accountant and Collector. Richard Sheridan commended Leigh at working as an intricate piece of the process, with her job being just one part of the process which involves many people. He is pleased that everything is up to date. Steven Adam abstained from the discussion because of a family member working in the Treasurer’s Office. Leigh explained that the Treasurer makes sure the money deposited is making money, but the Accountant places into funds and assigns account numbers. Robert Andrews compared the Collector, Treasurer and Accountant jobs to a “three-legged stool”, and stressed how important it is to work together with all positions connecting like a puzzle. The Town of Orange is in very good shape, balancing every month, and meeting all deadlines. The Board thanked Ms. Deveneau for coming in.

7:00 p.m. – Tax Collector– Jeri Deyo explained that she collects real-estate, personal property, and excise taxes, water/sewer bills, and collects fees for the Armory, Cemetery and trailers. She explained the process of late excise taxes. She prints and sends out approximately 6,500 bills, giving 30 days to pay. She is allowed to wait one day before issuing demands, but they wait one week, and then the Deputy Collector issues demands. After 14 days the bills go to Jeffrey & Jeffrey, they send out yellow notices, this allows 30 more days and, if ignored, they are marked at registry. Once it goes to Jeffrey & Jeffrey, they can only pay with cash or money order. Ms. Deyo allows residents to come to the Town Hall to pay and Jeffrey & Jeffrey picks up the money each week. Within minutes, you can go to the registry to register your vehicle. The registry also adds fees onto violation. The money that is collected goes to the General Fund to help keep Town running. Real estate taxes are due within 30 days. This year, two bills were mailed at the same time which caused some confusion. Robert Andrews asked about publishing delinquent real estate taxpayer’s names in the paper, stating it is unfair that people just do not pay. If they know their names will be published, they might pay their taxes. Jeri said that, at the end of 3 years, they can take tax title, so she is preparing for the cost at the registry by putting money in her budget for that purpose. She also balances with the Accountant and Treasurer.

Jeri Deyo has the authority within Mass General Law to raise the fee for Municipal Lien Certificates from $25.00 to $50.00. It is a flat fee and each town can do as they please, but Orange has issued 360 MLC’s in 2007, last year there were 470. MLC’s are issued if you buy and/or sell property and verified if people involved owe taxes. The MLC process is time consuming and the money collected for these fees go to General Fund. The Board thanked Ms. Deyo and expressed that she does a fine job.

7:15 p.m. – Indian Ridge Development – Millers Landing –Jim McBride brought in sewer plans for the Board to review, which will use environmentally safe low-pressure pumps. He stated that the Town will have 17,000 gallon capacity to tie into this line. Anyone that ties in will have to use grinder pumps. Each house will have its own grinder pipe which will be beneficial to the town, and every homeowner will get a list of “do’s and don’t’s”. Indian Ridge filed for a sewer extension permit for which Ed Billiel signed. Mr. McBride explained that Natural Heritage is holding them up on their plans, but wanted to give the Board an update.

7:30 p.m. – Orange Airport Commission – Grant Assurances – Len Bedaw, Airport Manager and Julie Cole from the Airport Commission presented their Airport Easement Grant dated May 23, 2007 with a detailed project description, stating that the Massachusetts Aeronautics Commission is now requiring all public-use airports under their control who receive state and federal funding to have specific Grant Assurances signed by their respective city and town officials. They have a 3,000-foot runway that cannot be used because of obstructions. This grant from the state is for $187,000 will include an obstruction analysis and the removal of obstructions. Robert Andrews questioned the intent of this agreement with the state, and asked about the money used for the Airport Master Plan in 2000 and if there are any proposals for use of the parcel set aside for industrial use. Len spoke with Karl Bittenbender and EDIC about the fact that any non-aviation project has to be approved in writing. Mr. Andrews would like to see a road connecting the west side of the airport to Randall Pond making both work hand-in-hand. Mr. Andrews said the last grant gives MAC jurisdiction of 20 years, which gives MAC control through 2026. He feels that the Town supported the airport for a long time and they have not seen money come back to the Town. By signing this assurance, they are adding on more years. Mr. Andrews asked if the Town Administrator could run this document by Town Counsel to advise if it is in the town’s best interest to sign this assurance. Len assured the Board that this is pretty standard and every airport has grant assurances. Mr. Andrews said he sees no benefits to the Town or Airport and feels the Town is signing away a lot of rights. Rick Kwiatkowski mentioned that Town Counsel is away until July 1st. Mr. Bedaw explained that the grant assurance gives authority to the Airport Commission to run the airport under Mass General Law. In response to the statement that the Airport has not given back to the Town, Mr. Bedaw stated that the Airport donated money for the Landfill and the new Highway Barn, both benefiting the Town. He feels that the Town of Orange is required by law to maintain the Airport as it reflects on the town. By not signing the grant assurance, we will not receive the grant and the Airport will be responsible for maintaining the runway. Mr. Andrews’ concern was they might have a problem if things are not done according to this agreement. Len Bedaw said that MAC only asks them to keep the airport open and operable to the best of their ability. Part of their responsibility is to take care of safety and maintenance so they will have to address these obstructions. Further growth of the Airport could be beneficial to the Town. Julie Cole suggested that the Board refer to MGL 51E, the establishing of the Airport Commission, acknowledging that the Commission runs the Airport. She feels that this signature procedure is a reminder from MAC to Town Officials asking Board of Selectmen and Airport Commission to agree. The Commission and the Board has to review and sign,knowing they have an Airport Commission. The Board agreed that it would not hurt to have Town Counsel review and bring it back to the July 11th meeting. Robert Andrews motioned for Town Counsel to review and send a letter back advising if, by signing this document, the Town is relinquishing any rights. Richard Sheridan second. Rick will have a conversation with Town Counsel to see how soon it can be done. Len will talk with MAC to be sure they can wait for this document to come back. Julie Cole asked that the Board of Selectmen be given a copy of MGL51E. All in favor. None opposed.

VI. OLD BUSINESS
1. Tully Fire Station Committee – Richard Hall, Chairman of the Tully Fire Station Study Committee asked that the Board of Selectmen approve changing the name of their committee to the Tully Fire Station Design and Building Committee so they can see this project to its completion and appoint selected people to be on this committee. Robert Andrews motioned to dissolve the Tully Fire Station Study Committee and appoint the following members to the Tully Fire Station Design and Building Committee: Richard Hall, Chairman, C. David Gale, Jeffrey Cole, Lloyd Taylor, John Drew Sr., Clinton Smith and Chief Dennis Annear as an advisor to the committee. Mr. Hall said there is another person interested, but could not get her to commit yet, so he will get back to the Board with another name. Richard Sheridan second. All in favor. None opposed.

2. Honor Roll Design Selection and Construction Committee - Letters of interest were received from the public for the two positions open on this committee. Robert Andrews would like to amend the previous motion for this committee to have two alternate positions because of the large response, and have a 7-member board overall. Robert Andrews motioned to add two alternate members of the Honor Roll Design and Construction Committee to participate on the committee and fill in for members if necessary. Richard Sheridan second. All in favor. None opposed. Orange Revitalization Committee picked Rose Marie Thoms to be their representative on the committee. American Legion Post #172 selected Steve Rowe. Letters were received from Janice Lanou, Robert Collen, David Burnett, Jean Chase, George Willard and Gerry Wetherby. Robert Andrews motioned that the Board appoint Steven Rowe of the American Legion Post #172 as their representative, and Rose Marie Thoms as Orange Revitalization Partnership representative to the Honor Roll Design and Construction Committee. Richard Sheridan second. All in favor None opposed. Robert Andrews motioned to select two members from public-at-large, being David Burnett and Robert Colleen to the Honor Roll Design and Construction Committee. Richard Sheridan second. George Willard said he thought he would be a good representative because he has a lot of family on the Honor Roll. Mr. Sheridan noted that Mr. Willard was present, but the other candidates were not. Pat Andrews said that she told people that they did not have to be present. Vote Robert Andrews yes, Richard Sheridan yes, Steven Adam no. Two in favor. One opposed. Vote passed. Robert Andrews motioned to appoint two Town of Orange public at large alternate positions for the Honor Roll Committee, George Willard and Janice Lanou. Richard Sheridan second. Richard Sheridan noted that Gerry Wetherby has been very active and an outstanding fundraiser. Steven Adam agreed. Robert Andrews yes. Richard Sheridan yes. Steven Adam no. Two in favor. One opposed. Vote passed. Richard Sheridan asked if a letter of appreciation can be sent for those that volunteered. Robert Andrews gave an update that landscape artist had been contacted for a meeting. He will contact everyone for the date of the meeting. He must find out design and characters on the monument before they can go any further.

3. Agriculture Commission - Rick Kwiatkowski asked to table this item to the next agenda so they will have the correct criteria information in front of them before they do appointments.

VII. NEW BUSINESS
4. Orange Republican/Democratic Party Committee – Rick Kwiatkowski noted that letters from the Republic and and Democratic Party Committees needed to be here by June 1, but the Board cannot take action until July 1st. This will need to be put on a July meeting agenda.

5. Western Massachusetts Intergovernmental Emergency Mutual Aid Agreement - The Western MA Intergovernmental Emergency Mutual Aid Agreement was voted on at the Annual Town Meeting which will enable them to seek funding for reimbursement for mutual aid. This is a final document and has been reviewed by Town Counsel. Board of Health authorized Paul Kowacki to sign and now the Board of Selectmen need to allow the chair to sign. Robert Andrews motioned that the Chair sign the Western Massachusetts Intergovernmental Emergency Mutual Aid Agreement on behalf of the Town of Orange as all local government officials have signed the agreement. Richard Sheridan second. All in favor.

6. Assistant Town Accountant – Lori Blanchard has requested that Linda Kennedy be appointed Assistant Town Accountant. Robert Andrews motioned that the Board of Selectmen appoint Linda Kennedy to be Assistant Town Account for the Town of Orange. Richard Sheridan second. Linda will need to get sworn in All in favor. None opposed.

7. Application for Sewer Abatement – Robert Holst – Application for sewer abatement
from Robert Holst for $57.50 was presented to the Board of Selectmen. Robert Andrews motioned to abate $57.50 to Robert Holst of 230 West River Street. Richard Sheridan second. All in favor. None opposed.

8. Town of Walpole – “Unfriendly 40B” Projects - Letter from the Town of Walpole asking for
support to place a moratorium on the filing of unfriendly 40B applications to determine how towns can best make the law work. Walpole feels that without immediate suspension, many communities may add affordable units to their housing base, but they will not be doing so in a manner that benefits anyone. Robert Andrews feels there are no "teeth" in this concept or supporting this idea. He feels that Walpole is a different community and that 40B is there to see that zoning is not circumvented. They want to put a moratorium in place to study. 40B’s were set up so that local government does what they are supposed to do. No motion made.

9. Municipal Partnership Act Advocacy Kit - The Governor has requested to apply local fees
and the legislature supports this idea, therefore they are looking for towns to support taxes on food items. These additional taxes give towns the opportunity to add 1% sales tax on food items sold. Robert Andrews motioned that the Board of Selectmen accept the Municipal Partnership Act Advocacy kit as presented by the Massachusetts Municipal Association. Richard Sheridan second. Robert Andrews addressed his reservations in supporting this tax, stating that this is just another fee with not that many eating establishments in town. Rick Kwiatkowski noted that $84,694 could be collected and put into the Town’s General Fund, but it would still need to be voted on at Town Meeting. Robert Andrews withdrew his motion. Richard Sheridan withdrew his second. The Board discussed that it might be a benefit to the restaurant owners and maybe they should speak with some of the restaurant owners to get their take. Robert Andrews motioned again to support the Municipal Partnership Act Advocacy Kit as presented by MMA to the Board of Selectmen but speak with restaurant owners on this tax. Richard Sheridan second. Robert Andrews no. Steven Adam no. Richard Sheridan yes. Vote failed.

10. FRTA Advisory Board Appointment - Letter to the Board of Selectmen from FRTA asking for the
Board to submit a letter appointing someone to the FRTA Advisory Board. Robert Andrews motioned that the Board of Selectmen appoint Town Administrator Rick Kwiatkowski as their designee to the FRTA Advisory Board, Richard Sheridan second. All in favor. None opposed.

11. FY08 Community Development Block Grant - A memo was sent to all departments and boards
looking for their thoughts on the FY08 Community Development Block Grant. An official letter will be sent to Bruce Hunter by June 29th of what we are looking for on the application. Robert Andrews mentioned hiring a part-time inspector for the housing project to do inspections on a regular basis due to shoddy workmanship in the past that has affected the Town. Rick said that this would have to be done through CDC and not the Building Department. Richard Sheridan said it cannot be the Building Inspector, but they could hire an outside person. This will be discussed again at the June 27th meeting.

12. CORI Policy and Procedure - The CORI Policy which is required by statute, reflects what is
relevant, and Rick advised the Board that he has a 3-4 page list of what is approved for CORI checks to be done. The Board discussed the guidelines that are set. Rick explained that he always discusses with Police Chief Spear or Brenda Anderson of the Police Station when something questionable comes back and they go over the codes together. There is a five-year rule of thumb, if there has been no activity within the last five years, they are OK. It is common practice not to have the Board of Selectmen certified because they are the ones issuing the permits. Robert Andrews motioned to accept and sign the CORI procedures as presented. Richard Sheridan second. All in favor. None opposed.

VIII. TOWN ADMINISTRATORS REPORT
• The Job Fair on June 13th did not happen, but has been rescheduled to June 20th from 9:00 a.m. to 4:00 p.m. at Thomas & Betts for 138 individuals losing their jobs. Rick and Steven Adam will be there.
• The fencing for the generator was installed.
• The Dog Hearing decision went out and was hand delivered. Police will go out tomorrow evening as they are waiting 10 business days to be sure there has been no appeal filed. Arrangements have been made with the Dog Officer and Police Department to go and pick up the dog. As of this evening, no appeals had been filed through court.
• June 15th was World Elder Abuse Protection Day and Rick informed everyone that in 2006, 13,000 elder abuse reports were filed. He asked that you call 978-544-2259 if you have concerns of elder abuse.

IX. MUNICIPAL CALENDAR – none.

X. PROCESS
• Richard Sheridan – none
• Robert Andrews – none
• Steven Adam – none

VISITORS – Bob Rusello of 37 Eagleville Road stated he has a “lake” in front of his house. In the winter it is ice and in the summer, his driveway is a “lake”. They put a drain in the road across from the Walker’s house and it does not work. He used to have nice grass, but with the high curb, it fills up to 8” of water going over into Walkers property. He is getting water from both the left and right side of his house. The drain needs to be fixed. Rick Kwiatkowski clarified that it is not a drain, it is a leach. The septic leaches and then goes into the ground. Richard Sheridan agreed with Mr. Rusello that the “lake” is bigger now. Rick Kwaitkowski said he will be out in that area on Saturday morning for a neighborhood dispute and will meet with Bob Rusello when he is there. Mr. Rusello wants Mr. Kwiatkowski to come out when it is raining. Rick Kwaitkowski said there is no solution but drainage and there are no funds to put a drainage system in right now. Town Meeting voted not to fund an engineering study. He was told they cannot dig deeper because it brings up more ground water. Richard Sheridan said that this puddle can pull you off the road at 30mph and suggested a drain with a swale. Rick will try to meet with him on Saturday morning.

MOTION TO ADJOURN – Robert Andrews motioned to adjourn at 9:15 p.m. Richard Sheridan second. All in favor. None opposed.

NEXT MEETING – June 27, 2007

Respectfully submitted,

_________________________________
Carol Mayer Administrative Coordinator