Orange Board of Selectmen Meeting
August 8, 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 July 25, 2007 meeting as presented. Richard Sheridan second. All in favor. None opposed. Robert Andrews motioned to accept the minutes of the CDBG Public Hearing on July 25, 2007.

III. ANNOUNCEMENTS – Richard Sheridan read emergency exit information; the Collector
will soon be listing names in the newspaper of those taxpayers who have not paid their 2007 real estate taxes; the Board of Selectmen is looking for 4 citizens to serve on the Social Service Review Committee for the FY08 Community Development Block Grant Application; Hazardous Waste Collection Day will be Saturday, September 8th at the Orange Transfer Station; the Tax Collector, Treasurer and Assistant Treasurer will be attending classes at UMass next week, so the Collector’s office will be open in the afternoon on Tuesday, Wednesday, and Thursday, with regular hours on Monday and Friday

IV. PERMITS – none

V. ACTION –
6:35 p.m. – Pork Chop Productions –Joe Nally, Executive Producer, and Darcy Rogers, Event Manager of Pork Chop Productions came in to invite the Board of Selectmen as VIP guests at the Quabbin’s Edge Festival on September 8 and 9, 2007 at the Orange Municipal Airport. A tentative schedule is set as follows: 10AM Preparation of perimeter, 11AM Open door; 12PM Main event under the tent with clowns and comedians; 12:45 PM National Anthem; 1PM Strong Man Competition; 2PM Car Show; 3PM Judging/Awarding the Car Show and 5PM Close. Sunday is a similar schedule with Rolling Thunder added, a Bench Press Competition, and Steve Groguen. Mr. Nally asked about the possibility of competitors, who come from all over the USA, pulling a fire truck. Chief Dennis Annear said they would have to free up a truck and get approval for expenditures of wages @ $25.00/hour for one firefighter to be with the apparatus. Pork Chop Productions agreed to pay the wages. Mr.Nally will forward an insurance certificate to cover any liability. Mr. Nally also asked to hang signs in prime locations in town. The Board agreed that, as long as the signs are not on telephone poles, they can be placed in other locations in town. Robert Andrews said that the Board is very supportive of their actions, but the Airport Commission has final say. Mr. Andrews motioned that Fire Chief Dennis Annear provide an Orange Fire Truck from 1:00 to 3:00 p.m. on September 8, 2007 to be used in the Strong Man Competition with all wages paid by Pork Chop Productions and with proof of insurance. Richard Sheridan second. All in favor. None opposed. David Frye asked that signs be removed within 24 hours of the show. Mr. Nally said that Pork Chop Productions will take care of it.

6:45 p.m. – Fire Department - Chief Dennis Annear spoke about the new Fire Department Ladder Truck. He received pictures and will be going to Pennsylvania on August 23rd to tour the factory and inspect the truck before the expected September 11th delivery date. As part of the bid, the manufacturer has to provide 1-2 trips to the factory to make sure the town is getting what they want. Bull Dog Fire Apparatus is arranging to fly Dennis Annear and Rick Kwiatkowski to a small airport in Pennsylvania. In reference to the new building for the truck, the department passed the Natural Heritage review of endangered species, and he believes that the 21 days are up for DEP evaluation. They will be filing for a building permit tomorrow or Friday and hope to have the building when the truck arrives. The bid process is starting for the breathing apparatus. The Tully Building Committee RFQ will be posted and going out before the end of the month. They will then review and pick an architect with the hope to break ground in the spring of 2009. They hope to have a bid for the actual fire station in the fall of 2008. Last week, Chief Annear received a letter of resignation from a full time employee, Kevin Kazmarcyk, who will be going back to Athol. They can hire a basic EMT and roll them into a Fire Fighter, but would prefer to hire a Paramedic as they seem to be more committed to the position. Rick and Dennis Annear went to a meeting with Comstar in Rowley, MA and met with Comstar’s management team, including the owner, Chief Executive Officer, IT Manager, etc, to discuss how they can service the town. Comstar offered to make some changes on a monthly basis enabling the Chief to look at aging reports, giving him the ability to ask questions on the biggest issues. They have a difficult time working with hardship requests. They will be in touch with First Financial Resources with the hope to clean up. As of September 2008, they will be required by the State and Federal Government to submit data electronically which is all done by hand now. This could be a significant investment, up to $30,000 to meet these requirements, but it will free up personnel. This will have to go through Capital Planning for approval for next fiscal year.

7:00 p.m. – Water Department - Don Priestly, Water Commissioner, and Bruce Merriam, Water Superintendent spoke about Lake Mattawa. There has been quite a bit of rain and very little is flowing out. There have been many phone calls, but the Water Department has nothing to do with the water level going down. Evaporation during day light hours is taking its toll. Bruce Merriam said that he went up to the gate and tape measured to the high water mark and found that the water dropped approximately 13”-14”. He does not feel that the drop is significant, being August in a hot summer. They feel that with a few cool days, it will increase. Robert Andrews asked about the gate that Rodney Hunt designed, which the Water Department paid $4,800 - $5,000. Epoxy was put on the gate to seal and he asked if they felt it is sufficient. Donald Priestly checks the gate repeatedly, but will check on the warranty and the cost of a replacement gate?

Richard Senier of 69 Camp Road, former president of the Association asked why the lake was lowered. Mr. Merriam said it was too high in the spring. Mr. Senier feels the residents are not getting straight answers. They have had 23 years or more with normal conditions. Bruce Merriam said that, in the spring, they had to prevent the water from going over the rack so it was drained slowly for 5 days, and has been closed ever since. Mr. Senier asked why the residents were not notified. Mr. Merriam said they notified Jeff Anderson the President of the Association. Robert Andrews asked about the new well. Mr. Merriam said the property is being surveyed and appraised. Donna MacNicol will be drafting the legal paperwork and they hope to have an Article on the Special Town Meeting in September. Rick Kwiatkowski said he would need to know by August 22 if there is a reason to have a Special Town Meeting. He was not planning to have one at this point.

7:15 p.m. – Verizon/MA Electric Pole Hearing – Haskins Road –Kelly Ann Condon from Verizon said they are replacing a pole that is old and rotted on Haskins Road with a taller one, directly across the street from 11 Haskins Road. There will be another pole across the street to brace the one that they are replacing with a wire to support. David Frye, Highway Superintendent, had no concerns. Robert Andrews moved to approve the petition from Verizon and Massachusetts Electric for 1 new J.O pole to be placed on Haskins Road marked with No. 9ACV0V as presented by Verizon. Richard Sheridan second. All in favor. None opposed.

7:20 p.m. – Verizon New England Pole Hearing– North Main Street – Another petition from Verizon for 19 poles on easterly and westerly side of North Main Street. Kelly Ann Condon said the purpose is to send service to Town of Warwick. Sally LeBlanc, representing the family at 783 North Main Street, asked about a pole (#122) scheduled to go on to the edge of their driveway. The resident would like to see it placed on the other side of street. Ms. Condon said she would verify which pole it was and the engineer can meet her out there. Mr. Lacroix 856 North Main Street asked if his underground line is going to be a problem. They lose power at the drop of a hat, but presently their power comes from Athol. Robert Andrews said that National Grid is filling the gap. Once that gap is filled in, it can be fed from both ends. David Frye has concerns with the last two poles from the north side and left side of Wheeler Pond Road. They marked the poles with “OK”, but the ones with culverts were marked with “?” if a guy wire was necessary. If they need to bury the wire, David asked that they call the Highway Department or be sure to stay where the stakes are. Robert Andrews mentioned that he had been challenged because of past employment with Verizon and wanted it known that a new letter of declaration is on file in the Town Clerk’s office stating there is no conflict of interest. Mr. Andrews motioned to approve the application from Verizon for 19 poles marked No. 9ACTDY on North Main Street as presented. Richard Sheridan second. All in favor. None opposed. Rick Kwiatkowski asked Kelly Ann Condon to check on the Highland Street problem which has not been resolved yet. Kelly said she would follow up with the supervisor. Rick also mentioned the Town’s 200th anniversary will be coming up and he asked if the Town could put banners up on the telephone poles. Kelly said she will call Rick with particulars on how to request.

7:30 p.m. – Taxi/Livery License Hearing – Ricky Sluder asked the Board of Selectmen for approval on his application for a Taxi/Livery License. Rick Kwiatkowski made note of the Building Inspector’s comments about the use and parking of only one car at the residence of 25 Center Drive. He cannot use that property as a transportation terminal and employees cannot pick up and drop off vehicles at this location. Mr. Sluder said he is aware of the issue and will only have one vehicle at this location. Robert Andrews moved that the Town authorize a new Taxi/Livery License for A & O Transportation at 25 Center Drive in Orange, MA. Richard Sheridan second. All in favor. None opposed.

7:45 p.m. – FRCOG’s New Site Assessment Grant from EPA - Jessica Atwood from Franklin Regional Council of Governments gave a presentation on their Brownfields Program: Environmental Site Assessments of Petroleum Impacted Properties. FRCOG was awarded a grant for Brownfields assessments from the U.S. Environmental Protection Agency for $200,000. The Environmental Site Assessments Phase I Report is the historical research to determine previous ownership and potential contamination; Phase II is the on-site soil and water sampling and testing for contamination; and then Phase III is Site Remediation Plans (with a signed site access agreement with the property owner). There is no cost to the town or property owner and creates a “corrective action response” plan for remediation of the site. First, they need to identify locations of former gasoline stations or storage locations of petroleum products, create an inventory of sites with a corresponding map. The Town can then submit a letter to FRCOG to apply for assessment funding. Priority is low-to-moderate income area or where drinking water supply may be threatened. The Board discussed different locations with Ms. Atwood and decided that identifying sites may be helpful for the future use. It is up to the property owner to have a 21E . If it is beyond the means of the owner, there is a grant to help pay for the clean up but does not actually do the cleanup. They can help to find resources to help, assist working with DEP, but at that point, the property woulf have to be cleaned up.

8:00 p.m. – Michael Goguen dba Heavenly Hotdogs – East Main Street/New Athol Road – Michael Goguen found a new location for his hotdog stand at the corner of East Main Street and New Athol Road. From the roadway back to the monument there is a big grassy area. He said that the Town Administrator and Police Chief looked at the property for parking and did not see any issues with it. The speed limit is 35 miles/hour and feels that with a business there, it may even slow down traffic. Apparently, the town owns the property from the corner to the cement slab and then Sadler/Sue’s Auto owns behind the monument. Robert Andrews asked about parking? Off street or on? Signage? How big the property is? and, Is there enough room for parking? Mr. Goguen thought that there is 100 feet from the point in the road back to the monument. He hopes to set up every day, Monday through Friday, staying at the Armory on Saturdays. The Board agreed they need some idea of measurements to make a decision. Rick Kwiatkowski explained that he researched the property for Mr. Goguen and each portion of the property previously sold. Mr. Goguen hoped to find out if the Board will agree to it conceptually before putting a lot of time into a proposal. Rick asked the Board to determine if they feel it will work or not. Mr. Andrews said that he has concerns that that area is heavily traveled, the speed of traffic, and the off-street parking. He asked that Mr. Goguen come back with a plan and a curb cut. Richard Sheridan said that the state does not require a curb cut, only if there is an existing driveway, which there is not at this location. He said he was surprised that the Police Chief had no problem with the idea. Steven Adam offered to help develop a proposal with Mr. Goguen. He can give the Board of Selectmen an idea of what it would look like visually by taking pictures on location and drawing a plan to scale. They agreed to meet at the triangle Saturday morning at 7:30 a.m. to take pictures and get measurements.

VI. OLD BUSINESS – none

VII. NEW BUSINESS
1. Franklin County Solid Waste Management District MOU – Richard Sheridan read the letter from Franklin County Solid Waste Management District about the Household Hazardous Waste Collection Memorandum of Understanding that needs to be signed by the Board of Selectmen. The cost of $3,000 has been budgeted. Robert Andrews motioned to sign the Memorandum of Understanding between Franklin County Solid Waste Management District and the Town of Orange which will be held on September 8, 2007. Richard Sheridan second. All in favor. None opposed.

2. Department of Environmental Protection - Richard Sheridan read the letter from Department of Environmental Protection to adopt a resolution for recycling paper called Mass Recycles Paper! Robert Andrews feels that the Board should sign the resolution but noted that Orange does a great job of recycling already. Last year they recycled 307 tons in Orange and 153 tons have already been generated this year. The Town of Orange does a tremendous job recycling and made it easier and easier to do so. Robert Andrews moved that the Board of Selectmen sign the resolution in support of the Mass Recycles Paper! Campaign. All in favor. None opposed.

3. New Street Sign Requests – Ward/East Roads – Mechanic/East Main Streets – Two Street Sign Request forms were presented, one for Ward Road and East Road and other for Mechanic Street and East Main Street. There is a STOP sign on Ward Road but none on East Road. Mechanic Street needs speed limit sign. There is a long list of items they are trying to work through. Robert Andrews motioned to sign both Request for Control Signs to be placed on Ward and East Road and the other on Mechanic and East Main Street. Richard Sheridan second. All in Favor. None opposed.

VII. TOWN ADMINISTRATORS REPORT
? Transfer of Money for 44 Bacon Street Demolition - On August 2nd, Brian Gale and Rick Kwiatkowski opened up bids for the demolition of 44 Bacon Street. They received 6 bids from $73,800 to $19,450.00. The Town will be awarding to Bardsley Renovation at $19,450, not to begin until verification of funding source. There is $1,675 spent for work to secure the property the night of the fire, boarding up the windows and securing walls from the FY07 demolition budget. They notified the owner to make safe what appears to be dangerous, but the owner has no insurance on the property and no resources to do it. Therefore, it falls on the Town to take action to make it safe. There is a lien against property, there is a process of the town taking the property and getting the money back by selling the property. There is $1,675 attached as a Municipal Lien. There are three revenue sources that Town Meeting authorized the Board of Selectmen control of: 1) Prior to ’92 Housing Rehab at $64,145.00; 2) Program income money left over $6,307.70; and 3) Reserve Fund of $32,000.

Richard Sheridan asked if it is appropriate to use the Prior to ’92 Rehab Money. The $32,000 Reserve
Fund can be used for unanticipated expense, which this is, but needs to be approved by Finance Committee. The sale of the lot will be paying for the lien. Robert Andrews has concerns about the using the ’92 Rehab fund. The cost of the monument is anticipated at $70 - $98,000. The other Board members had a concern about leaving the reserve fund with only $12,000 in it. There could be another emergency throughout the rest of the year. Mr. Andrews said that he is concerned about going forward with the memorial without money available. Steven Adam suggested that they wipe out the program income and split the balance between the other funds Richard Sheridan said he would go along with it. Richard Sheridan motioned to use the balance of $6,307.70 left in the Program Income Account and split the balance between the Prior to ’92 Housing Rehab Account and the Reserve Fund for the $13,142.36 balance needed. No second to the motion. Motion failed. Rick said he would have to pull together a Finance Committee meeting to get clearance to use the Reserve Fund, but he was hoping to resolve by tomorrow. He feels that because of the safety issue, it is the Town’s obligation to do something. The Board agreed that they had no problem with using the $6,307.70 left over in the Program Income Account. Richard Sheridan motioned to transfer the balance of $6,307.70 in the Program Income Account to pay for the Bacon Street demolition. Robert Andrews second. All in favor. None opposed. Brian Gale said that this house is the Town’s liability and the Town is mandated by law to do something. He feels the money will come back soon with the lien on the property. He would like to start the ball rolling, but they must have funds to cover full payment with the acknowledgement of the low bid. Robert Andrews said the Memorial target date is May 30, 2008 and cannot put out to bid unless the money is there. Robert Andrews asked about the FY08 Building Department’s Demolition budget. Mr. Gale said there is $1,500 in the budget, but some has already been committed to Putnam Hall which has a door open. Richard Sheridan motioned to transfer $13,142.30 from the ’92 Housing Rehab as an obligation to take care of the Bacon Street demolition. Steven Adam second. Vote: Steven Adam yes. Richard Sheridan yes. Robert Andrews no. Two in favor. One opposed.

IX. MUNICIPAL CALENDAR – none.

X. PROCESS
• Robert Andrews stated that the Veterans Honor Roll Committee is meeting on a regular basis and now in the planning stage with field trips for a design and location of the Honor Roll. Any input from the public is essential to help the committee to draft a final design with a location to be presented at a Public Hearing. Comment boards have been placed at the Wheeler Memorial Library, North Orange Library, and the Town Hall. Each Monday the comments will be removed and compiled so the Veterans Honor Roll Committee can consider all suggestions and comments. With fund raising efforts $18,000 has been appropriated by the Town; $17,000 raised by the American Legion giving them available working capital to get started.
• Richard Sheridan asked about the cost of trash pick up. There is a lot of material brought out of town and he would like it researched and figures available to determine if it is something that can be done. Rick Kwiatkowski said this request should go to the Board of Health. The Board of Health will be meeting on September 4th and then will be at the Selectmen meeting on September 5th. Robert Andrews said that the cost to pick up is exorbitant and asked where they would find the funding. They agreed to discuss with the Board of Health at the September 5th meeting
• Richard Sheridan asked about getting a sidewalk plow. The Town used to plow sidewalks years ago and he would be interested in the cost of a machine. The elderly cannot shovel sidewalks and some residents will not plow. The Board reminded him that the Town has a bylaw which covers snow removal on sidewalks. The Highway Department does all sidewalks in town using alot of manpower. David Frye can research the labor/foot or the cost to subcontract the work out.
• Steven Adam -none

XI. VISITORS - none

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

NEXT MEETING – August 22, 2007

Respectfully submitted,

_________________________________
Carol Mayer Administrative Coordinator