Board of Selectmen  NOT YET APPROVED
Meeting Minutes
October 14, 2008

Present: All Selectboard members, John Trickey, Fred Vanderbeck, Dave Goldin, Kim Leahey, Judith Eiseman.

Meeting called to order at 6:02 p.m.

Approval of minutes:

• September 8, 2008 – Huber motioned to approve, Martin seconded, motion passed unanimously.
• September 22, 2008 – Martin motioned to approve, Huber seconded, motion passed unanimously.
• October 6, 2008 – Martin motioned to approve, Huber seconded, motion passes unanimously.

Liaison Reports:

• Police Department: Martin reported that the Department has received and is using the new cruiser; Chief Fleury had also been by earlier and passed out statistics for the month of September 2008.

• At this point, Chairman Martell expressed his desire to have a meeting on the following Monday evening (10/20/08) specifically to address issues of the Department with Chief Fleury. Martell mentioned coverage of the department office, and the town, and also the need to review the Chief’s timesheets.
• Selectman Huber noted that there is no line on the Chief’s statistics report for tickets written; Martin offered that a report can be generated by Town Accountant, Gail Weiss, which would show revenue generated by tickets written. It was also noted that when the State Police write a ticket in Pelham, Pelham receives the revenue.
• After a brief discussion, Selectmen also decided to ask Chief Fleury to add a line to his statistics to show the odometer readings of the police vehicles every month.
• Selectmen asked Leahey to let Fleury know that he is expected to attend a meeting with them on Monday, October 20 at 6 pm; they also asked that any other agenda items be held for the regularly scheduled meeting to be held on October 27th.

• Fire Department: No report.

• Schools: The board has been informed of the resignation of School Committee member Maureen Ecclestone. After discussion, the Board instructed Leahey to ask the School Committee to meet with them at their next, regularly scheduled meeting on October 27 and, to ask Committee chairman Michael Hussin to send a list of people interested in fulfilling the slot before the meeting so that Selectboard members can review it.

• DPW and Town Offices – Status quo; nothing to report.

• Library: Selectman Huber reports that Library Director Adam Novitt has returned from his honeymoon/vacation. Huber also reported that Novitt is taking a “very complicated” course in Boston. Huber reported that he will be unable to make to upcoming meeting of the Library Trustees.

Bucket Loader Committee:

• Bids will be opened on Thursday, October 23rd at 1 pm at the Rhodes Building.
• The bids will be opened and read aloud; there will be no ‘negotiating’ by companies present.
• Selectman Huber cautioned that, while there may seem to be inequities in the bids, there could be “hidden” costs/ advantages/ bells/ whistles written into the bid to account for any difference in price.

Energy Committee:

• Huber reported that Tom Hartman is now “on board” with the Committee.
• The committee is looking at “tightening up the ceiling” of the Community Center in an effort to stem heat loss and to save costs.
• Under consideration is the re-insulation of the roof.
• A sprayed on insulation would cost twelve to fifteen thousand dollars and would pay for itself in about four years. Selectmen wondered if it would have an effect on the sprinkler system; they decided it would bear looking into.
• Huber reported that the Energy Audit has been completed but has not been finalized.
• Fuel and electrical consumption have been identified as the “two biggest issues” facing the town.

Disposal of Vehicles:

• After discussion, it was decided that the disposal of unused town vehicles would be an agenda item for the October 20th meeting with Chief Fleury.
• Chairman Martell asked Leahey to get in touch with Massamont Insurance agent Julie Kosuda to get a list of all insured vehicles so that it can be determined if the vehicles insure are actually active and in good working order.

Keyes Conservation Restriction:

• Judith Eiseman attempted to clarify confusion that, she felt, had been created by Town Counsel regarding an easement for a footpath on the Keyes property (Article 3)
• Eiseman showed the Board that the Town would be “swapping” an ancient, unused right-of-way for one to be created on the property but further from the Keyes residence.
• Eiseman stated that neither the attorney for the Trust, nor the one for the Keyes believes it to be a “Chapter 97” issue as McKnight has suggested.
• There was discussion regarding whether or not the article should be pulled and presented at Town Meeting in May to give the attorneys time to contact each other and discuss their difference of opinion.
• Huber wished to see the Trust attorney’s rebuttal in writing.
• Both Eiseman and Martell expressed a strong desire to present both Conservation Restriction articles at the October meeting to “get the whole thing done”.
• Martell also noted that further contact with Town Counsel over this would generate perhaps unnecessary invoices for their services; he was in favor of going ahead at the Fall Town Meeting without further input from Counsel to save the Town money.
• Eiseman assured the Board that the Trust would not release the money until the grant is awarded.
• Eiseman also remarked that before the recent economic downturn, the grant was all but guaranteed; unfortunately now there is some question as to the amount of the award.
• Eiseman shared that the Kestral Trust is “busy raising” the balance of the purchase price ($101,000).
• She also stated that if the grant comes through for less than the anticipated $199,000 – “we (Kestral and the Town) will talk”.

DPW Hiring:

• Leahey asked the Board what the process would be for the hiring of the new DPW truck driver/laborer.
• The Board said that the Personnel Board would review the fourteen resumes received and whittle them down to five or six to interview.
• Adamcek would be at the meeting when the Personnel Board pares down the list; Chairman Martell, as a member of the Personnel Board, would also be present.
• Martell told Leahey that 5 copies of each resume would need to be made so that all members could review them before the meeting.
• Selectmen agreed that no decision on hiring would be made before the November 4th election.
• Leahey promised to get in touch with Personnel Board Chairwoman Sharon Downs to set up a meeting date and time.

Future Meetings

• Selectmen decided to meet on Monday, November 3rd  instead of November 10th
• That meeting, held the day before the Election, would be to review “line by line” the FY09 budget, looking for ways to conserve funds. This, in anticipation of the possible passage of Question #1 which would abolish the state income tax.
• Finance Chairman John Trickey urged the Selectmen to discuss and decide “what the Selectmen are prepared to do” to cut spending.
• Trickey cautioned that there are cuts from the State no matter what and the Board “needs to prepare” townspeople for the fallout.
• Trickey suggested that the Selectmen set a goal of ‘finding’ $50,000 that can be held in reserve for “later need”.
• Trickey estimated that the Finance Committee would probably need about a half hour’s time at the meeting to address the budget issues.

Bucket Loader Warrant Article

• Discussion regarding what the Town’s “perception” is regarding how the monies in the Special Stabilization Fund can be accessed.
• Some members of the Board and members of the Finance Committee believe that, although the law states that only a 2/3 majority of the Board of Selectmen is needed to access the money, the promise made to, and perception of, citizens at Town Meeting was that it would go before them for a 2/3 vote.
• Selectman Huber emphasized the need to clarify what was said, what the town believes to be true and what, in actuality is the truth.
• John Trickey said that it is important to “make the townspeople feel comfortable with” the process.
• Leahey found Town Clerk Lichtenberg’s notes from the May 2008 meeting on the website but it was not clear what was presented, finally, to the Town or what their “perception” might be.  Notes follow:

“Article 11: To see if the Town will vote pursuant to G.L> c.44, s5B to establish a special purpose stabilization fund to be known as the “Capital Equipment and Expenditures Stabilization Fund,” to be expended for the purposes of purchasing capital equipment for the Town, and to fund other necessary Capital Expenditures as needed, and further, to appropriate $200,000 to said fund, provided, however, that the vote taken hereunder shall be expressly contingent upon approval by the voters of a Proposition 2 ½, so called, override question, or take any other action relative thereto."
Moved and seconded.                                                                                                                    

Much discussion about the nature and mechanism of such a fund, the impact on the tax rate, capital planning and capital expenditures historically and, in general.

An Amendment to the Article was proposed: “All wording remain the same for the Article, though changing the appropriation figures from $200,000, as written, to $100,000 for the Capital Equipment and Expenditures Stabilization Fund.” Amendment Moved and seconded.

Discussion ensued regarding the amendment.

Amendment Fails to Pass by a Clear Majority Nay Vote.

A subsequent Amendment is offered : “Capital spending requests may only be funded if, after receiving a 2/3 affirmative vote a Town Meeting, they are individually approved by a majority affirmative vote in a town-wide ballot in the same year”. This Amendment is ruled out of order by the moderator; Town Counsel agrees with the Moderator’s ruling.

Standing vote on the original Article 11 (requires 2/3 affirmative for passage):

Aye 112 Nay 29. Passed by more than 2/3 majority.”

Meeting adjourned 7:24 p.m.
Respectfully submitted,
Kim Leahey