Orange Board of Selectmen Meeting
July 25, 2007

Present: Chairman Steven E. Adam, Vice-Chairman Robert F. Andrews, and Clerk Richard P. Sheridan

Also Present: Town Administrator Rick Kwiatkowski and CDO Administrative Assistant Wendy S. Johnson

I. CALL TO ORDER
Chairman Steven Adam called the meeting to order at 6:30 p.m.

II. APPROVAL OF MINUTES
A. July 5, 2007
Robert Andrews moved to accept the minutes of the July 5th meeting as presented. Richard seconded the motion. Vote: 3 in favor; none opposed.
B. July 11, 2007
Robert Andrews moved to accept the minutes of the July 11th meeting as presented with the following changes:

a. Pg. 2, 7:30 p.m. FCHC MOU – 3rd line up from bottom should say Richard Sheridan read a letter instead of Robert Andrews
b. Pg. 3, Town Administrator’s Report – 3rd bullet last sentence should say Robert Andrews made a motion to allow the transfer of…
c. Pg. 3, Discussion on Performance Evaluation in Open Session – Cindy Pepyne’s name is spelled incorrectly throughout and should be changed from Pepin to Pepyne.

Richard seconded the motion. Vote: 3 in favor; none opposed.

III. ANNOUNCEMENTS
Richard Sheridan read announcements including emergency exit information, a notice from the Collector regarding tax bill being mailed due August 1st and November 1st, Bicentennial Committee meetings, N.Q. Week Out Against Crime, and various Board vacancies.

IV. PERMITS
A. FRAN’S PLACE
Richard Sheridan recused himself from the hearing due to his involvement with the applicant in real estate matters. Frances Baker came before the Board to request they issue a permit for her to open a mobile food service business at 71 Daniel Shays Highway in Orange. The name of the business will be Fran’s Place. Steven Adam said he looked over the application package and it looked to be in order. Robert Andrews asked where exactly it would be located and was informed that the site is across the street from the Orange Industrial Park on Rt. 202. Robert questioned parking for the business. Fran replied that there is plenty of off-road parking and she does not anticipate any problems in this area. Further, she has posted “No Parking” along the highway. Fran’s Place will be open from 10:00 a.m. to 5:00 p.m. six days a week. Fran promised to always have it under control and stated she will work with the Town at all times. Robert Andrews moved to have the Board sign the permit for Fran’s Place, 71 Daniel Shays Highway in Orange to the operator of that business, Frances J. Baker. Steven Adam seconded the motion. Vote: 2 in favor; none opposed. Richard Sheridan abstained from the vote. Robert then presented a motion to rescind the former license for Jim’s Hot Dogs at that same address. Steven Adam seconded the motion. Vote: 2 in favor; none opposed. Richard Sheridan abstained from voting on this as well.
B. MAHAR ATHLETICS 1ST ANNUAL ROAD RACE
A letter written to the Board from Sarah Woodard regarding the road race was read and tabled until later in the meeting because there was no one present to speak on behalf of the fundraiser. At the end of the meeting, the Board again discussed the road race. Because no one showed for the meeting and there was no memo presented from the Police Department in favor of it, the Board made the decision that they would not be able to hold the race.

V. ACTION
A. 6:45 P.M. Highway Department
David Frye presented his report on the Highway Department. He opened by stating that there was an incident on North Main Street where a section of the retaining wall collapsed Thursday night. They have completed the sidewalk and the wall will be back in place tomorrow. Most of the material used for repair was from his DPW yard so won’t be a major expense. David will also look into Chapter 90 money if necessary. David reported that the project on High Street is well underway. They are replacing the crash protector, which will protect High Street Extension. He said that section should be completed by next week as long as the weather holds out. The paving schedule is still up in the air. His salesman encountered a personal tragedy and couldn’t make it out to Orange. They will be getting together tomorrow to look at what will get done. David reported that street signs are in process at this time. He will be putting up another set of the 9-inch maroon signs. Once the order is in, it will most likely be September when they will be able to get them up. David said his equipment overall is in good shape except for the 1-ton trucks. He is trying to get one more year out of the trucks.
Reporting under “Parks” David said the basketball court has been moved to the old skate park. It is being used daily. The only requests he has received have been to paint a line on the court. Officer Haigh will come up with volunteers for this. David said incidents at the playground have been “zero” since the move. Mowing and maintenance of the Riverfront Park have been turned over to the Highway Department. The only issue thus far was from a motor vehicle accident where a car flipped upside down and landed in the park. The Town is working with their insurance company and Busy Bee Nursery to repair the minimal damage that occurred. David said the playground “is getting tired” and although they added some equipment last year, the older equipment has been abused and is worn out. The bearings on the merry-go-round are worn and he hopes to replace the ride next year.
For the Sewer Department, David reported that the root treatment has been successful and has saved us a lot of time on the system. His department has been called out less and less on root clogs.
Steven Adam asked about the Tully Road Bridge. David said it was damaged twice in the last 6 months, and is now repaired. He stated the fence company should be doing maintenance.
Robert Andrews questioned David about a memo that stated the cost of North Main Street work would be $13,745. David replied that the $13,745 covered the cost of SEA Engineers to do the design. The project is still within the budget they were given. When asked if the project should be done next year, David replied that realistically it could take five or more years. He is trying to get the project funded as soon as possible through a combination of state and federal money.
Robert complimented the resurfacing done recently on Holtshire Road, stating he thought it was a good seal. David said around the lake they used a mix that includes ground up tires. This is a test area to see how good the material works. He wanted to try something that wouldn’t leach into the lake. He said it cures very fast and is “quite a product”.
Richard Sheridan asked David if there was any schedule for repair for East River Street by the pumping station near Colonial Acres. David responded that Jim McBride agreed to replace that basin to Prentiss Street. He said he was aware of a few problems in that area and hopes to get it done this fall if he can.
B. 7:00 p.m. Wastewater Treatment Facility
Ed Billiel reported that their newest employee of just over a year left to go to work with his father. He was an electrician and made the decision to work in that field. Ed advertised and selected an applicant for the position. That person has given a notice at their current job and will start at the Wastewater Treatment Facility on Monday. The facility has been operating with only Ed and Randy since June. He is looking forward to operating with a full crew again. Ed reported on the National Pollution Discharge Elimination System (NPDES) permit. He said the public comment period ended last Friday and now he will work with the state to “hash out what they are going to do”. Ed stated the current permit expires on September 28, 2007, but he hopes to have the new permit sometime in August. In the event the new permit is not issued prior to the 28th of September, the former permit continues on under the same terms. Ed reported that the Enterprise Fund, still in its first year, is doing well. He said the numbers look good and he has collected enough funds so far. Ed reported on one problem he had last month with the automatic transfer switch. One of the sensors died and he did not have enough power on one leg. He was able to supply enough power through use of the generator until he could get an electrician there to fix it. All sensors are 30 years old.
Robert Andrews asked when Ed expected bids to go out and construction to start on the new sewer line on West River Street. Ed replied that he is working with Stantec for bidding services and they will be submitting a proposal of costs for the project. He expects the project to go out to bid next winter for spring construction.
C. 7:15 p.m. FY ’08 CDBG Informational Meeting
Rick requested audience members that wanted to come forward to speak regarding the FY ’08 CDBG application do so. Donna Liebl, Franklin County Home Care, questioned the grant overlapping with the FY ’07 grant that the Town recently received. Bruce Hunter, FCRHRA Assistant Community Development Director, stated that Donna was correct. The FY ’07 grant that was recently awarded to the Town runs for 18 months from July 1, 2007 through December 31, 2008. The FY ’08 application will need to be submitted in February or March and should be awarded by July of 2008. So there is a potential overlap for existing social service programs. Betsy Alkins, N.Q. Citizen’s Advocacy, said she would like to express the wish that the Town continue to place an emphasis on social services including mentoring and advocacy. Donna Liebl said she would like to second that and that the FCHC will continue to work on elder needs. She said she would like the Town to continue to look at elders’ needs and that it should be important to the Town given the results of the needs survey that was completed. Rick said he wanted the Board to be aware of a small business loan program that will be handled through the Franklin County CDC. The Town will participate in a regional small business loan fund for established and emerging businesses. Rick said the Community Development Strategy will need to be updated by adding this information. Letters regarding the FY ’08 CDBG application were acknowledged, coming from the Wastewater Treatment Facility (WWTF), Water Department, and radio station WJDF. The letter from the WWTF talked about the Leonard and Summit Streets sewer replacement as well as a similar need for Gay Street. The Water Department requested upgrading infrastructure on Prentiss and Benham Streets. The letter from WJDF talked about their wish for a storefront improvement program or sign and facade program for the downtown area. The Town does not need formal proposals at this time. We will be forming a committee and set a schedule to meet with social services similar to the way we did last year. Social services should expect to receive information in the middle part of August as we work toward formalizing the process. Bruce stated there would be a public hearing and comment period to make necessary revisions three months prior to the application deadline. The Town will need to follow the same process as in the past, holding a public informational meeting. Guidelines will be submitted to Rick and he will set up the required meetings and get information from the boards and re-prioritize the CD Strategy. We will need to discuss target areas and why the need is there. Bruce said the FCRHRA would assist the Town in doing this. Bruce said this will be done in September or October and the application is due in February. The hearing closed at 7:30 p.m.

VI. OLD BUSINESS
A. Town of Orange Boundaries
The Board discussed boundary markers and how they would go about finding and marking them. All roads that end at the border of a neighboring town would need to be located and marked with paint. Robert Andrews asked if the Assessors would be able to provide the Board with all the locations. Steven Adam suggested the markings be put on GPS when finished. The Board members will work together to go out and mark the boundaries.
B. Chapter 43D, Expedited Permitting Law
Rick informed the Board that he has scheduled an “All Board” meeting for August 1, 2007 at 1:00 p.m. The meeting is to sit down and talk about issues that various boards have and he feels it would be a good time to discuss Chapter 43D. The meetings will be held every 6 weeks. Robert Andrews suggested the meeting be posted so that the Selectboard members may attend and so that they could vote on a matter if necessary.

VII. NEW BUSINESS
A. Fire Department – Comstar Write-Off
A request from Fire Chief Dennis Annear to the Board asking them to write off $76,670.16 in ambulance bills was discussed. Robert Andrews expressed concern about uncollectables not being turned over soon enough and questioned the window when Comstar bills and then turns over for collection. Rick explained that the Town is not losing the ability to collect money, but said they should be turned over to the second agency faster. Robert Andrews stated when we first engaged Comstar they were a good company but now feels they are not aggressive enough. He asked if there might be another outfit out there willing to take over this responsibility and if the Town should consider making a change. The Board members all agreed that Comstar has not been aggressive enough in their efforts to collect on unpaid debts and stated that this is unacceptable. After discussion and following the recommendation of Fire Chief Dennis Annear, Robert Andrews moved to approve the write-offs in the amount of $76,670.16 for the month of June 2007. Richard seconded the motion. Vote: 3 in favor; none opposed. Robert stated he still feels the Board should conduct a process to look at other companies that are capable of collecting for the Town. Steven Adam agreed with Bob, stating that initially he felt Comstar was good but no longer feels they are doing a good job. Rick said Dennis is setting up a meeting with Comstar to discuss it and we will look at what’s out there across the state. Unfortunately, he said, there isn’t much out there.
B. Pioneer Junior Women’s Club Requests
Richard read two letters received from Geneva Lawson, President of the Pioneer Junior Women’s Club, requesting the Town contribute funds from the Alice Mann Fund and the Gertrude Rugg Trust Fund toward the K-9 fundraiser that is currently underway. Following discussion, Robert Andrews moved to withdraw $500 from the Alice Mann Fund to donate to the Pioneer Junior Women’s Club for the K-9 program. Richard seconded the motion. Vote: 3 in favor; none opposed. This donation will also need to be voted by the Planning Board and Finance Committee. Previous documents declare the Planning Board, Finance Committee, and Board of Selectmen Trustees of this fund. In a court ruling that puts the Board in control of the funds before an elected body, the Court deemed the Board of Selectmen the official Trustees of this fund.
Robert Andrews then moved to withdraw $200 from the Gertrude Rugg Trust Fund to be presented to the Pioneer Junior Women’s Club K-9 program. Richard Sheridan seconded the motion. Vote: 3 in favor; none opposed.
C. Pat Larson Resignation Riverfront Park Committee
Richard Sheridan read a letter submitted by Pat Larson stating her intent to resign from the Riverfront Park Committee. Robert Andrews moved to accept the letter of resignation and to send a letter of appreciation. Richard Sheridan seconded the motion. Vote: 3 in favor; none opposed.
D. MGL Chapter 61 – Rowe to Littlewood
Richard Sheridan read a letter received from Attorney Pam Oddy. Steven Adam said the Town has the right to buy the property but having no money to do that, they would have to act on the Town’s right of first refusal. Robert Andrews presented a motion that the Town of Orange refuse their right to purchase this parcel of land as presented by Attorney Oddy. Richard Sheridan seconded the motion. Vote: 3 in favor; none opposed.
E. Orange Republican/Democratic Party Committees
Rick stated his office sent letters to the Republican and Democratic parties notifying them they had to submit a list of enrolled members to the Town prior to June 1st. He said he received nothing back from the Democratic Party but did have a letter from the Republican Party listing their members. Following discussion, Robert Andrews moved to accept the Republican Party members desiring appointment to the party as listed: Barbara Velard, Jeffrey Cole, Richard Hall, and Ann Reed. Richard Sheridan seconded the motion. Vote: 3 in favor; none opposed.
F. Franklin Solid Waste Management/Town of Orange MOU
Following discussion, Robert Andrews moved to sign the Memorandum of Understanding between the Franklin County Solid Waste Management District and the Town of Orange as presented. Richard seconded the motion. Vote: 3 in favor; none opposed.
G. Town Administrator Job Performance Evaluation
Steven Adam discussed his reservations about conducting the Town Administrator’s performance evaluation during an open Board meeting. Steven said he feels there is a direct conflict between the Massachusetts Open Meeting Law and the Massachusetts Public Records Law. Steven said he has written letters to Senator Stephen Brewer and Representative Chris Donelan asking them to get an opinion of the Massachusetts Attorney General regarding the matter. Steven would like to see the members of the Board evaluate the Town Administrator separately and then compile their results into one document. That document would be distributed to the members for final comments or corrections until a final document is created. The Chairman of the Board would then discuss the evaluation with the Town Administrator. The Board agreed to wait for and go by the decision of the Attorney General. Robert Andrews moved to have Chairman Steven Adam sign and send the letters to Sen. Brewer and Rep. Donelan pertaining to the Town Administrator’s job evaluation. Richard seconded the motion. Vote: 3 in favor; none opposed. Robert Andrews asked Rick if he had obtained an opinion from Town Counsel regarding the job evaluations of department heads and if they could be delegated to the Town Administrator and if they need to be held in open session. Rick will contact Attorney Donna MacNicol for her opinion on these matters.

VIII. TOWN ADMINISTRATOR’S REPORT
Rick reported that about 20 individuals attended the ICS 300 training held at the Town Hall and took tests this afternoon. Training for ICS 400 will be scheduled next.
Rick said that they will be having bid openings for the building that burned on Bacon Street. The building was not insured so it becomes the Town’s responsibility. The Town would be paid back if the property is sold. The cost to demolish the building will be close to $20,000.
Rick announced a ribbon cutting to be held at the Riverfront Park either August 31, 2007 or September 7, 2007. He is waiting for verification from Sen. Brewer and Rep. Chris Donelan for either of those dates.
Contract negotiations are underway from SEIU888 for the highway, cemetery, wastewater treatment, and sanitation departments. We are in the very early stages of the clerical union. Meetings are scheduled for August 2, 16, and 30. Rick sent a letter to all departments to request names of parties interested in serving on the negotiation committee. Richard moved to have Robert Andrews serve on the negotiation committee as the Board’s representative. Robert seconded the motion. Vote: 2 in favor; none opposed; Steven abstained.
Rick announced that anyone that didn’t pay their 2007 real estate taxes will have their names published in a local newspaper soon.
The Franklin Hampshire Career Center is moving into space at the former Bedroom Factory on August 6, 2007. From July 2006 to June 2007, 584 individuals were served, with 89 individuals gaining employment because of their assistance.
Rick read a notification about botulism cases resulting from Castleberry Food Co. chili sauce sold in Massachusetts.

IX. MUNICIPAL CALENDAR

X. PROCESS
Robert thanked Rick for his correspondence with Tina Cote of FRTA. She responded and clearly explained the drivers’ contracts are for curb-to-curb service. The drivers watch until the rider gets to his or her door. The consumers are allowed to bring someone to assist them if they need the help. Assistants ride free of charge.
Robert spoke about House bill 2531 aimed to provide additional firefighter funds. He has contacted his legislators and asks others to do the same.
Robert discussed a memo regarding no parking on the left side of Prospect Street, expressing a conflict with promotion of events at Town Hall. Rick explained that the no parking ban is meant for the area where the road crests after the intersection with Summit Street.
Robert discussed a memo regarding the Getty Lot and the Boards opinion regarding removal of the building. Robert stated it was an eyesore and he would like to see it used for parking with new paving and landscaping. Rick said they have received $50,000 for asbestos abatement and are currently waiting for EDA. They are talking FY ’09 at this time.
Richard stated that Jerry Wetherby is not well and asked the Town to send him a letter of appreciation for his work on dismantling the honor roll. Robert moved to send the letter, seconded by Richard. Vote: 3 in favor; none opposed.

XI. VISITORS
There were no visitors.

XII. NEXT MEETING
The Board will meet again on August 8, 2007 at 6:30 p.m. at Town Hall

XIII. ADJOURNMENT
Robert moved to adjourn at 8:47 p.m. Richard seconded the motion. Vote: 3 in favor none opposed.

Respectfully submitted,

Wendy S. Johnson
CDO Administrative Assistant