Orange Board of Selectmen Meeting
June 27, 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 June 13, 2007 meeting as presented. Richard
Sheridan second. All in favor. None opposed.
III. ANNOUNCEMENTS – Richard Sheridan read emergency exit
information; MA Animal Coalition awarded Orange Animal Control $3,500.00
grant to establish a spay/neuter program; Vacancies on various Town
Boards; 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 CPR and defibrillator training;
Zoe Darrow Concert at the Town Hall on June 30th at 7:30 p.m.; Announcement
from the Collector that the first quarterly tax bills have been
mailed, one is due on August 1, 2007 and the second is due on December
1, 2007; and the Tax Collector sent legal notices out on taking
property for back taxes. They are also getting closer to posting
the names of delinquent taxpayers in the newspaper.
IV. PERMITS – Certificate to Solicit – Louis A. Nelson,
Jr. completed a Request for Certificate to
Solicit to sell cookbooks, his lead item, and some children’s
books as he did previously about 6 years ago. No questions from
the Board. Robert Andrews moved to approve the Application for a
Certificate to Solicit for Louis Nelson, Jr. of 50 Redbrook Lane,
Orange, MA Richard Sheridan second. All in favor. None opposed.
Robert Andrews advised Mr. Nelson to get an ID tag from the Police
Department after he picks up his Permit
V. ACTION –
6:35 p.m. – Fire Chief Dennis Annear – Defibrillator
Training –Chief Annear came in to address any concerns that
the Board might have on the training that is scheduled to take place
on Friday, June 29th. Defibrillator units, one for the Town Hall
and another for the Armory, were received a couple years ago through
a grant. They are semi-automatic defib units and are promoted through
the American Heart Association. They can be seen now in several
businesses, airports and public service areas. You will see them
in all police cruisers and fire trucks. Fire Department does annual
checks for service. They cannot become a Heart Safe Community until
they have the defib units in public buildings. The units are very
simple and makes all the decisions for you. It will not let you
give a shock unless it needs to happen. They would like it located
in the entranceway where the elevator is and the Lions Club has
donated a box to store the unit. From this location, it can be used
during a concert or a Town Hall event, if necessary. Steven Adam
said that every document he found stated that persons should be
CPR certified. Chief Annear said that this is a basic 3-hour CPR
course for adults which will certify attendees. Mark Vitale, who
is CPR certified will be giving training. The Board agreed they
had no problem and will allow the training Friday.
6:45 p.m. – Franklin County Technical School - Paul Cohen,
Principal, thanked the Board for the opportunity to speak with the
them as they are the ones that vote on their budget and support
their school. Franklin County Tech offers a solid education, 31
years in existence, and Mr. Cohen has been there for 24 years, finishing
his 2nd year as Principal. Mr. Cohen explained what a big decision
it is for kids to go to Franklin Tech School as they are leaving
their friends to go to Turners Falls. The school has 14 fields of
training. They get many applications and now they have to turn students
away. He is most proud that the Tech School does, in half the time,
what public schools do in 180 days. They still have to pass MCAS
and have had only had one student not pass. Students also have to
pass a proficiency exam in their field of expertise. They have a
week of class and then, the reward for the kids is that they have
shop the next week. They build a house every year, either for Habitat
for Humanity or Rural Development. Robert Andrews commented on his
support for the Tech School as it offers an alternative for a craft
or trade. Richard Sheridan agreed and added that some kids cannot
afford college. Steven Adam asked what is in place for security.
Mr. Cohen said that the school has a very friendly environment and
is consequently open to the public because they run a full-service
restaurant and cosmetology salon. They do not lock the front door,
but lock all other doors. They are investigating an outside surveillance
camera and working on an approved evacuation program as well as
a lock-down plan. Rick Kwiatkowski thanked the Tech School for their
assistance on the “gate” in the Town Clerk’s office,
the project on the Police Department cells, which will begin shortly,
and possibly their assistance with the boathouse at Riverfront Park.
Mr. Cohen said that it feels good to give back to the towns that
support the school.
7:00 p.m. – Public Hearing– FY2005 Community Development
Block Grant - Bruce Hunter, the Grant Administrator working for
the Franklin County Regional Housing & Redevelopment Authority,
said they will be wrapping this FY2005 programming up in June 2007
with all projects accomplished, including Eddy Street, which benefited
all low-to-moderate income people on an area-wide basis, and a Housing
Rehabilitation Program. The remaining funds will be transferred
to the Housing Rehab Program to rehab additional units. Their priority
was downtown North community and they assisted 16 families with
$312,000 and 33 individuals. The project was well received and very
successful. Robert Andrews asked if there are any inspections or
follow up on the work that is done. Bruce said that a Housing Rehab
Specialist works with the contractor and the individuals having
the work done. The homeowner hires their own contractor and has
to approve payment. If the homeowner is not satisfied, the contractor
does not get paid. Final inspection is required prior to final payment.
Mr. Hunter explained that when the property is sold, they pay back
the loan to the Town and that money goes into a revolving fund to
be re-loaned. Currently in that fund is approximately $160,000 which
must be used for housing rehab for eligible residents. The town
can use the money for the neediest on the waiting list. No comment
from the audience. Robert Andrews motioned to close the Public Hearing
for the FY05 CDBG in the Town of Orange. Richard Sheridan second.
All in favor. None opposed. Robert Andrews motioned that the Board
of Selectmen close the FY05 Massachusetts Community Development
Block Grant for the Town of Orange. Richard Sheridan second. All
in favor. None opposed.
7:15 p.m. – Public Hearing – Reprogramming of 2006 Grant
Fund –Bruce Hunter of Franklin Regional Housing & Redevelopment
Authority said that this hearing is a formality to do a Program
amendment. If there is excess money, you can use money directly,
like in 2005. In 2006 application, there are 5 households in Downtown
North Target Area for a total of $155,000. To date, 7 will be able
to use the $155,000 which exceeds the goal by two households. There
is no waiting list in Downtown North, so they hope to use Downtown
South. There are twelve people in that area on the waiting list.
The grant should be awarded by July 9th. An estimated $47,000 will
be opened up to be reprogrammed for work outside of the targeted
area. Mr. Hunter asked the Board of Selectmen to approve the program
amendment to serve the entire town. This will not jeopardize any
future grants. They completed and exceeded their goal in Downtown
North which opens up to other people in town. Robert Andrews commented
that he was happy to see Downtown South benefiting as everyone will
have access to the funds. Mr. Hunter said they do not have a choice
when target areas are specified. Robert Andrews motioned to close
the Public Hearing to amend the FY2006 Housing Rehabilitation Program
for the Town of Orange CDBG Grant. Richard Sheridan second. All
in favor. None opposed. Robert Andrews motioned that the Board of
Selectmen approve the amendment of the Housing Rehabilitation Program
of the FY20065 Community Development Block Grant for reprogramming
activity. Richard Sheridan second. All in favor. None opposed.
7:30 p.m. – Orange Airport Commission – Grant Assurances
– Len Bedaw, Airport Manager and Julie Cole from the Airport
Commission returned to discuss the Airport Easement Grant dated
May 23, 2007 to discuss the signatures on specific Grant Assurances
by their respective city and town officials. Richard Sheridan read
the letter received from Town Counsel. Donna MacNicol also spoke
with all Board members and Len Bedaw, the Airport Manager. Attorney
MacNicol’s letter said “There is one Assurance that
requires that the Board of Selectmen agree to not reorganize the
Airport commission. Without the Massachusetts Aeronautics Commission’s
approval under MGL, Chapter 90, the Board of Selectmen has the authority
to appoint the Commission. The Selectboard is not relinquishing
this power, but agreeing to not reorganize the Commission without
MAC’s (Massachusetts Aeronautics Commission) approval.”
Mr. Andrews asked for clarification on real-estate taxes for the
airport, which goes back to General Fund. The Airport land is leased
by the Town and they are taxed for hangars and the land as well
because they exclude public use. Mr. Andrews said that he spoke
with Town Counsel and she relieved his mind of any concerns. The
funds are available if a match is needed and are generated through
a revolving fund. All money comes into the town and is turned over
for transfer of funds. He asked if the grant application is in with
the possibility of acquiring 45 acres at the south end of the Industrial
Park giving access to the airport. Len said that there is no Purchase
& Sale in place at this time. The first phase of the grant is
for appraisals for removal of the obstructions, etc. The second
part of the $875,000 grant will address acquisition of land. Robert
Andrews would like to see the Airport Commission work with EDIC
and someone from the park when it gets moving. Mr. Bedaw said they
have already met with EDIC and they are always exploring access
to leave options open to the Airport. Julie Cole said that it is
leased property and not for sale. Most businesses will expect utilities
that need to be started for infrastructure for that side of the
Airport. They need to start working on grants from the State and
Federal agencies to develop the Airport. The west side is for non-aviation
purpose but would still need to be approved by MAC. Mr. Sheridan,
as a member of EDIC, was asked to make contact with Airport Commission.
Richard Sheridan said they have already met to be sure that access
is kept. Rick Kwiatkowski explained that that any acquisition of
land or easements has to go to Town Meeting. All grants going forward
will need new grant assurance approval by Airport Commission and
Board of Selectmen. Robert Andrews motioned to give the Board of
Selectmen Chairman approval to sign the assurance presented for
the grant application signed by May 13, 2007. Richard Sheridan second.
All in favor. None opposed.
7:45 p.m. – Mike Nelligan of Powers & Sullivan presented
the Board of Selectmen with drafts of the FY2006 Financial Statement,
Audit and Management Letter and Reports on Federal Award Programs.
He explained that this is the third year that Powers & Sullivan
have done the audit. In 2004 the Town was not in compliance due
to GASB34, 2005 was better, but there was still some liability of
not being in compliance, but for 2006 they were able to give a clean
opinion as they are in full compliance with GASB34. The lateness
of 2005 made FY2006 late also, but now they are scheduled to do
the FY06 audit in September. Robert Andrews mentioned that we had
always been months in arrears and now, thanks to Lori Blanchard,
Leigh Deveneau and Jeri Deyo, the Town’s books are current,
making Mr. Nelligan’s job that much easier. Mr. Andrews asked
that the Board draft a letter to the Treasurer, Collector and Accountant
to recognize the excellent job, commending them for working together.
Mr. Nelligan went through the reports, the Financial Statements
and comments on the Management Report, such as management taking
a proactive approach to the implementation of GASB45, a fraud risk
assessment a program to identify, analyze and manage the risk of
asset misappropriation, and formalize a cash and investment policy
that includes both long and short-term objectives. Rick Kwiatkowski
explained that the items on the management report stay unless they
are completed, so if FY07 audit is to be done in September, chances
are, it will still be on the Management Report at that point. Steven
Adam pointed out that the disaster recovery master document includes
storage, entire office, computer and safe terminal control. It will
be an ongoing process. Richard Sheridan thanked Mike Nelligan for
his comments and being so easy to work with. Mr. Nelligan said that
his firm specializes in municipalities and the Town of Orange audit
went very well.
VI. OLD BUSINESS
1. Tully Fire Station Committee – Diana Towle sent a letter
to the Board of Selectmen asking to serve on the Tully Fire Station
Design and Building Committee. Robert Andrews motioned to appoint
Diana Towle of 337 Tully Road to the Tully fire Station Design and
Building Committee. Richard Sheridan second. All in favor. The Board
advised Ms. Towle that she will need to be sworn in.
2. Agricultural Commission - A list of people interested in serving
on the Agricultural Commission was submitted to the Board of Selectmen
to appoint five members and two alternates. Richard Sheridan motioned
to appoint George Hunt, Sr. and John Knechtel for three years on
the Agricultural Commission. Robert Andrews second. All in favor.
None opposed. Steven Adam motioned to appoint Alphonse Chenausky
and John Moore III to the Agricultural Commission for two years
and three years thereafter. Robert Andrews second. All in favor.
None opposed. Robert Andrews motioned to appoint Warren Rice for
one year on the Agriculture Commission and three years thereafter.
Richard Sheridan second. All in favor. None opposed. Robert Andrews
motioned to appoint an alternate, Richard Coffin to the Agricultural
Commission for one year. Richard Sheridan second. All in favor.
None opposed. Only one alternate was decided upon. Another can be
appointed at a later date.
VII. NEW BUSINESS
3. Wastewater Treatment Facility – Franklin County Solid Waste
Mgmt District MOU – Ed Billiel, Chief Operator of the Wastewater
Treatment Facility presented the Board with a Memorandum of Understanding
from July 1, 2007 to June 30, 2007 with Franklin County Solid Waste
Management District for the purpose of hauling and disposal of the
sludge produced at the WWTF. Robert Andrews motioned, upon the recommendation
of Ed Billiel, Chief Operator of the Wastewater Treatment Facility
to sign the Memorandum of Understanding between Franklin County
Solid Waste Management District and the Town of Orange for hauling
and disposal of sludge. Richard Sheridan second. All in favor. None
opposed.
4. Application for Sewer Abatement – Richard Herk of 9 Adams
Street applied for a sewer abatement due to a pool filling for $50.60
signed by Bruce Merriam and Ed Billiel. Fee of $10.00 has been paid.
Robert Andrews motioned to approve the application for sewer abatement
for $50.60 applied for by Richard Herk of Adams Street. Richard
Sheridan second. All in favor. None opposed.
5. Ralph C. Mahar Regional School District Budget – Richard
Sheirdan read the letter from Reza Namin, Superintendent of Mahar
to Leigh Deveneau, Treasurer, advising that the Mahar School District
voted a gross budget of $11,995,199 with a net budget of $4,780,701
for the 2007-2008 school year at their meeting on June 14, 2007.
The assessment requested for the Town of Orange is $3,256,561. Steve
Adam pointed out that within seven days following the school committee’s
adoption, the town has 45 days to accept this vote or take it to
Town Meeting, and therefore, we would have to schedule a Special
Town Meeting. There is no town meeting needed to vote on a reduced
budget. Robert Andrews motioned to accept the revised budget for
2007-2008 School Year as voted at the Ralph C. Mahaar Regional School
District meeting on June 14, 2007 to take no action at this time
and not call a Special Town Meeting. Richard Sheridan second. All
in favor. None opposed.
6. Police Department Non-Union Raises for FY08 – Police Chief
Brian Spear, under MGL Chapter 41, Section 97A, stated that the
Board of Selectmen are responsible for setting the compensation
for the Police Department, and requested that his non-union personnel
get a cost of living pay raise for FY08. This includes his Custodian
and Reserve Officers, and feels that a minimal amount can be covered
in his budget. Robert Andrews commented that negotiations have been
going on with different unions in Town and he motioned to table
this discussion until after negotiations. Any increase would be
retroactive to July 1, 2007. Chief Spear agreed, as long as these
people are not forgotten. Mr. Andrews asked the Chief to come back
at another time with the request. Richard Sheridan second. All in
favor. None opposed.
7. Transfer of Money - Rick Kwiatkowski stated, according to Massachusetts
General Laws, he can
transfer $5,000 or 3%, whichever is greater within line items in
the budget. The Finance Committee anticipated he would need authority
to transfer approximately $8,000 at this time, and July 9th is the
next Finance Committee meeting. He asked the Board to approve up
to $13,800 of transfers to address any shortfalls. There is one
week left to get final bills in. Robert Andrews motioned to approve
up to $13,000 transfers between line items as need exists. Richard
Sheridan second. All in favor. None opposed.
8. Franklin Regional Council of Governments Appointment - Robert
Andrews motioned to appoint the Town Administrator, Rick Kwiatkowski,
to continue to be the representative of the Board of Selectmen to
the Franklin Regional Council of Governments. Richard Sheridan second.
All in favor. None opposed
VIII. TOWN ADMINISTRATORS REPORT
• Rick passed out a Special Permit application for 249 Daniel
Shays Highway for a Public Hearing on July 10, 2007 for the Board
to review and comment if necessary before the Planning Board Meeting.
• Rick mentioned the Town of Orange website with a new calendar
listing events and meetings. He thanked Walt Owens and Nancy Blackmer
for their assistance.
• Justin Elliot and Jessica Hough are the proud recipients
of Goddard Trust Scholarship.
• This past Saturday, Robert Andrews, David Frye and Rick
Kwiatkowski went out to 37 Eagleville Road. The Highway Department
will go back and dig up leaching unit and expand the leaching system.
They hope this will resolve the matter. He had an additional request
from a property owner for additional berm but they cannot do that
until after the problem is corrected.
• Cliff Fournier brought an MOU to him for Demand Response
for FRTA to do pick up and delivery for Town of Orange and asked
if the Board could sign. Robert Andrews stated he does not want
to sign something he has not read. Rick agreed to bring it back
to the next Board of Selectmen meeting.
• Rick Kwiatkowski thanked the public for their comments and
support on the possibility of him taking a Town Manger position
in Oxford, MA. It would have been a step up and more money, but
the Town did not decide to choose him. He is planning to stay in
Orange if the Board wishes.
IX. MUNICIPAL CALENDAR – none.
X. PROCESS
• Richard Sheridan – none
• Robert Andrews received an interesting letter from the Ethics
Commission sent to his house. The Town of Orange is aware that he
is a retired Verizon employee, he worked 31 years and presently
receives a monthly retirement check from Verizon. Originally it
was Nynex, then Bell Atlantic and now is Verizon. They questioned
whether there is a possible conflict of interest in discussing Verizon
issues. There is a letter of disclosure on file in the Town Clerk’s
office for Nynex, but will now have to include Verizon. He will
send a letter to Kathy Gallant, Special Investigator for Ethics
Commission declaring he will include Verizon Telephone on his disclosure.
• Steven Adam noted he read a portion of the Declaration of
Independence for AOTV and noticed other people in the area participated.
It was very well done.
• Steven Adam received an invitation to speak, as Chairman
of the Board of Selectmen, at the anniversary of the Parachuting
Championship. There are a lot of interesting things that happened
at this event and hoped that people will attend.
XI. VISITORS - none
MOTION TO ADJOURN – Robert Andrews motioned to adjourn at
8:55 p.m. Richard Sheridan second. All in favor. None opposed.
NEXT MEETING – July 11, 2007
Respectfully submitted,
_________________________________
Carol Mayer Administrative Coordinator
