Shutesbury Board of Selectmen Meeting Minutes May 29, 2007 As amended June 12, 2007 Present: Chairman Rebecca Torres and Debra Pichanick. Absent: Ralph Armstrong. Also present: Leslie Bracebridge, recording. Absent: Town Administrator David Dann. Meeting opened at 7:05 P.M. Appointments Shutesbury Athletic Club President Paul Danielovich and Secretary Erik Pietz met with the Board of Selectmen: * They will meet with the Board one time per month to encourage improved communication in on-going efforts to improve the Club image. * Town and family groups are frequently using the facility. * High speed wireless Internet access is now available and coffee is offered for those who choose not to drink alcoholic beverages. * Membership is not limited to Shutesbury residents. * Karaoke still happens on some Friday nights. * The Friday night threshold of 25 people after 11 PM has not been a problem. because the families that come to dinner with children usually leave by 8:30 PM. * It’s very busy; they’ve replaced the ceiling, redone the floors. * The Club is interested in hosting the Lake Wyola Association (LWA) beer tasting event in the future because the Club location is more suitable. The Club is not looking to get anything out of the event, just offering the facility for LWA use. * The Club does a chicken and steak roast separately from the LWA chicken and steak roasts. The Club has made a special effort to space the Club events at separate times from the LWA events. * If it rains, the Club can accommodate more people than the LWA building. * The Club makes sure that parked vehicles stay off of Plaza Road. * Police stop by frequently and socialize to develop a spirit of community, one officer is a member of the Club. * Erik will call Town Administrator David Dann to set up an appointment time for the June 26 Select Board meeting. Selectmen met with Administrative Assessor Kenneth Holmberg and Town Treasurer Gabriele Voelker with a proposed revaluation contract: * Ken reported that the Board of Assessors selected Board of Assessors Chairman Amanda Alix to do the field review for the FY ’08 revaluation. Amanda will try to take outside measurements and photograph each of the 800 residential buildings in Shutesbury at a price of $10.00 per building. Select Board members voiced concern at signing an Ethics Commission disclosure form of financial interest by a special municipal employee and approval of exemption as required by G.L. Chapter 268A §20(c) and §20(d) with Chairman Alix in order for her to contract with her own department, due to conflict of interest laws. Gabriele summarized the information she had regarding their concern: * The Assessors followed proper bid process. * MGL Chapter 268A, Section 20 may allow a special municipal employee to sign a contract with a town department that is independent of the department the employee is in. The concern is that Chairman Alix would be signing a contract to work for her own department. * Gabriele talked with Attorney Chris Popov at the state Ethics Commission who is glad to talk to anyone having more questions. He confirmed that: o A Treasurer cannot issue both a W-2 and a 1099, so hiring the paid Assessor under a contract would put Gabriele in a conflict. o Attorney Popov suggested that the town could have Chairman Alix sign a disclosure of financial interest by a special municipal employee exemption form that is also signed by a representative of the Board of Selectmen. The drawback to this is that the Chapter states that this would be for contracts in departments other than the employee’s own department. Typically towns do not want to do this. * If Selectmen opt for this choice, Chairman Alix would have to be paid as an employee and her taxes withheld (because the Treasurer cannot issue a W-2 and a 1099 to the same person in the same year.) * The choice is the Select Board’s. It is not a good practice. Administrative Assessor Kenneth Holmberg answered Select Board question: * The revaluation needs to begin as soon as possible to have the certification done by September. * Review of the bid process: 2 parties were not interested (Gabriele confirmed that these are considered valid bids according to bidding law) and 1 party did not respond; so there was no counter bid to Chairman Alix. * Chairman Alix is accredited by the Massachusetts Association of Assessing Officers (MAAO) and has done the coursework to become accredited by the International Association of Assessing Officers (IAAO.) Debra: Voiced concerns that it’s easy for small town Assessor’s offices to get into trouble. She does not want that for Shutesbury. Becky: * Historically Shutesbury had transitioned to outside revaluations to avoid any question of bias. * Reiterated a question: If the task is in the Assessor job description there should be no ethics issues so why contract? Gabriele: * Describe the work to be done in a separate seasonal job description. * Mileage paid by the town. * Pay treated as part of payroll with taxes taken out. Selectmen unanimously voted to ask the Personnel Board to promptly create a seasonal job description to conduct the revaluation, the Select Board pre-approves signing it as soon as it’s completed so that the Chairman Alix can proceed with the revaluation work, that is all within the scope of her duties as an Assessor. Chairman Torres will contact Personnel Board Chairman Kim in the morning to start the job description process. Administrative Assessor Holmberg agreed to contact Chairman Alix to summarize this different course of action. Before leaving, Treasurer Voelker checked in with the Selectmen on bid timing for the Library access project. Topics 1. Support Amherst’s request to waive the requirement of two EMT-paramedics. See Select Board Action Item #4. Select Board Action Items 1. Selectmen unanimously voted to table acceptance of the March 30 minutes until Becky checks her notes concerning Town Counsel’s presentation, and unanimously voted to accept the minutes of May 1 and May 15 minutes as written. 2. Selectmen signed vendor warrants totaling $69,149.23 and payroll warrants totaling $78,362.59. 3. Selectmen reviewed a draft letter prepared to go to residents at 155 Leverett Road reminding them of their obligation to install an off street driveway and parking area. Selectmen did not have a master letter to sign and did not feel it necessary that they sign the letter; it could be signed by the Town Administrator as was the letter in #4 below. 4. Reviewed and unanimously voted to approve a letter of Shutesbury’s support of the Town of Amherst’s application for a waiver of the requirement to staff an ambulance with two EMT-paramedics and to allow Amherst to staff an ambulance with an EMT-paramedic and an EMT-Intermediate. The Town of Amherst provides ambulance transportation for Shutesbury. The letter of support was addressed to: Western Massachusetts EMS, Inc., 168 Industrial Drive, Northampton, 5. Unanimously voted to sign a revised Dam Keeper job description, a job description for the new position of Assistant Librarian and a revised Town Administrator job description. New Topics * Discussed the evolving status of the Amherst-Pelham Regional School budget. * Reviewed May 26, 2007 Town Administrator’s report. Walk-Ins Mr. Stephen and Mrs. Janet Puffer raised questions concerning mixed zoning uses (including residential rental and heavy equipment storage) at 399 Leverett Road that they have been told by the Planning Board is outside of what the zoning bylaws allow. The Puffers own the driveway to 399 Leverett Road. Mr. Puffer listed calls that he had made regarding his concern to Zoning Officer James Hawkins in June of 2006, November 2006, March 2007 and April of 2007 and a call to Town Administrator David Dann. Mr. Puffer reported that Zoning Officer Hawkins sent a letter to 399 Leverett Road property owner Barry Roberts who indicated that he was selling the property to the heavy equipment owner. This did not happen. Property owner Roberts has not responded to a second March 2007 letter but his attorney has contacted the Zoning Officer. Mr. Puffer brought his concern to Town Administrator David Dann on May 14 who indicated to Mr. Puffer that he would need to contact Town Counsel Donna MacNicol. Mrs. Puffer explained that they do not want to sell the driveway rights to Mr. Roberts because the driveway goes with the Puffers’ house and could also be used for a potential building lot. The Select Board unanimously voted to send a letter to the Building Inspector requesting that he enforce the current zoning at 399 Leverett Road. If they learn anything from Town Administrator David Dann that they are not aware of tonight, they will contact the Puffers right away. Adjourned at 9:30 P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary 070529 amended Select Board 2