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Board of Selectmen Minutes 6/8/10
Members present:        Mark Karlberg, William Cavanaugh, George Fuller


Others Present: Tony Blair, David Bonney, Colleen O’Connor, Bill Brownhill, Bruce Garlow, Jeremy Dunn, Geri Walter, Bill Elovirta, Norman Haas, Liz Will, Susan Donnelly, Beth VanNess, Laura Lee Bertram, David Zagorski, Josh Lombard

6:03 PM Meeting opened.

Interviews with the Principal Assessor applicants will be conducted at 6:00, 6:30 and 7:00 p.m.

The first interview was with Norman Haas.  Mr. Haas is a self-employed appraiser.  Bill asked if he could appraise and assess in the same town.  He would not appraise in the Town of Becket if he got this job and would eventually phase out appraising.  Bill asked how he handles people who do not agree with the assessed values.  He answered that he would explain to the person how he came about getting the assessed value and if there seemed to be a problem he would look into it.  The Selectmen asked if he could get references to them.  He will get the references to the Selectmen after his interview.  George asked how he deals with co-workers who have different opinions.  He answered that the main thing to do is to get the job done.  If that means meeting in the middle then that is okay as long as the job gets done.  Bill asked if he had any objections to the Selectmen calling previous employers.  He did not.  Bill asked what motivated him into applying for this position.  He explained that when you are self employed your work is never done.  He would like to have a job that is structured and work set hours.  The Selectmen asked about his accreditations and he explained what they were.  Susan Donnelly has the same accreditations that he has.  The Selectmen thanked him for coming and will get back to him once they have made their decision.

Bill asked why the agenda was not like a regular meeting agenda.  Tony explained that he thought they would be focusing on the job interviews so the agenda was a little different.  Mark explained that when they initially called to have this meeting he asked if this would be a normal meeting and never got an answer so he assumed it would be basically about the interviews.  Tony had Mark look over the agenda before the meeting and he was okay with it.  George asked why the other items were on the agenda.  Tony explained that in order to have a special town meeting it needs to be posted two weeks in advance.  He also explained that in order to go forward with the excavator and have it delivered in a timely manner; the Selectmen would need to finalize the paperwork.  And finally, Bill Elovirta asked if the Selectmen would vote to increase the Off Duty Detail Rates for the police officers.  This should have been on a previous agenda but was missed.  George asked why the company that is supplying the excavator is not doing a lease.  Tony explained that this company does not do their own leasing.  He also explained that Len Tisdale has been working with this company and was sent a lease document that was not adequate for a municipality.  So a company was chosen that deals with municipal leasing.  Bill asked Nina to put on the agenda a topic to discuss legal counsel but for some reason the chairman did not wish to have it on the agenda.  Mark explained that Sally Bell has not gotten back to him so that is why he took this off the agenda.  Bill advised that he or George could have information to discuss about this and it should not have been removed from the agenda.  He explained that for the fifteen years that he has been chairman of the board he never removed an item that was asked to be put on by another Selectman.  He feels this agenda should be modified to include the administrator’s report, Selectmen’s comments and new business.  This discussion stopped because the next interview needed to be started.

6:30 The second interview was with W. David Zagorski.  He introduced himself to the Selectmen.  Mark asked him if completed his courses to be an MAA.  He advised that he has his MAA and he will be taking courses in August to continue his education.  Bill asked if he felt it would be a problem to drive to Becket daily from his home in Easthampton.  He advised that from previous employment he is used to traveling distances.  Bill asked how he deals with confrontational people.  He replied that he often tries to lighten up the conversation by joking around and tries to calm people down.  He feels that if you try to speak to a person at their level it helps to accomplish resolutions.  George asked if he had a problem with the Selectmen calling his current or past employers.  He did not have a problem with this.  George asked why he feels he should get this position.  He feels he has good working ethics and is qualified to do the job and has been doing assessing for ten years.  He has done just about everything that would be required of him to do this job.  The interview concluded with Mr. Zagorski thanking the Selectmen for interviewing him.

The Selectmen asked the last candidate if she wanted to be interviewed now or wait until her scheduled time of 7:00.  She opted to start the interview now.  The last candidate to be interviewed is Laura Lee Bertram.  The interview began at 6:45 p.m.  Mark asked if she had the RMA or the MAA designation.  She advised that she completed all of the courses but did not apply for the certificates because she has not held a position that required it.  She advised that she continues to take the courses offered at UMass and has done so for ten years.  The job description requires a person to get the certifications within two years.  George asked if she would have a problem with the Selectmen calling her current employers for a reference.  She explained that she has not told them that she is applying for a different job and would like to have an opportunity to discuss this with them before the Selectmen contact them but she does not have a problem with the Selectmen contacting her past employers.  She explained that she currently works under Beth VanNess’ broker’s license.  George asked how long it would take before he could speak with her current employers.  She said he could call them in two days.  Bill asked if she would continue working in real estate if she got this position.  She has not decided whether she would continue or not.  Bill asked if she would feel there was a conflict working in real estate and working as an assessor.  She explained that if she continued working in real estate it would be part time and her full time position would be her main focus.  Bill asked her what prompted her to apply for this position.  She advised that she has extensive experience in this field and she is looking for a full time position to work in for another 15 years or so.  Bill asked her if she could tell them how her fellow employees view her.  She does whatever she can to help people and considers herself to be a team player.  Bill asked her how she handles conflict with the taxpayers she deals with.  She said that she tries to calmly explain the methodology of the procedure and tries to get them to understand it which helps to defuse the situation.  George asked if she got the position would there be anything that she would need to be brought up to date with.  She would like to spend some time with Sue before she left to see where things stand.  The Selectmen thanked her for her time.  Colleen asked why the question about her being a real estate agent and an assessor was brought up when there is a Board of Health member who is also a real estate agent.  Bill advised that this was an interview and he asked the question and she answered that she did not feel there would be a conflict and he is satisfied with her answer.  George motioned to hold off on item #1 until the Selectmen check references including past employers, Mark seconded.  Tony asked for clarification on who would be the person that would make the reference calls.  Bill feels that one of the Selectmen should do this but is waiting until this motion passes.  All in favor.  Bill motioned to assign George Fuller as the board member to check references and report back to the Selectmen with his findings on the three applicants, Mark seconded.  All in favor.

Bill motioned to add the normal items to the agenda including the discussion of legal counsel and any new business, George seconded.  All in favor.

Selectmen’s Comments and Announcements: Bill commended one our citizens who assisted in moving a snapping turtle off the road and out of harms way.  The citizen’s name is Gerry Gelpi.  Bill formally thanked Susan Donnelly for her years of service to the town and advised that she would be greatly missed.  Susan said she was honored to work with such dedicated staff members and also was honored to serve the residents of Becket.

Town Administrator’s Report: Tony advised that anything that he needs to speak about is already on the agenda.  Bill asked if Tony could let them know what he is currently working on.  Tony advised that he is currently working on and hopes to finalize the procurement and bid advertising under the Energy Efficiency Conservation Block Grant for the fire station #2 and ambulance garage.  He would then be working on the procurement of the ambulance.  He has been working with Jim Kupernik on writing the specs for this and will have all of the documents available to view if they want.  Tony also advised that the Green Community grant went in on Friday.  One of the things that town will get is a solar powered trash compactor.  He feels that this could go by the Becket General Store or the school because it would be less likely to be intruded by a bear.  George asked if this could just be put at the Transfer Station so it could be easily emptied into the compactor instead of the highway department going all over town to empty it.  Tony feels that the Selectmen should think about where this could go.  Bill does not feel that this should go on a business property.  He suggests putting it at the Transfer Station for a trial period and then decide where it could go.

Public Input: Colleen advised that the towns’ people have shown support for Tony and it should be the Selectmen’s job to follow the will of the people and stop with the trivial things.  She feels that they should work together and not bring a person’s personal life into anything and keep things relevant to a person’s job performance.  She feels that the Selectmen should consider the will of the people and the will of the people is to keep Tony.  Bill advised that he was not responsible for the rumor mill.  He ran for the position of Selectman and the people voted him in.  He advised that if the people do not want him as a Selectman then they do not have to vote for him.  As long as he is a Selectman he will do what he feels is in the best interest of the town as he has always done.  He explained the possibilities of keeping or not keeping Tony as the Town Administrator.  George stated that he was elected by the people even when they knew about his past and that she mentioned that the meetings are always stacked.  He feels that the last Select Board meeting was stacked with supporters of Tony but there may have been people who do not support Tony that had no clue about what was happening.  He feels that everyone should be contacted so that meetings are not stacked.  Tony made a comment about doing his job.  He feels that he has done a reasonably good job and does not want to be a lightning rod.  He stated that he did not stack the meeting.  He was called by Colleen because she heard that he was going to be fired.  Tony in turn called Mike Falk and asked if he would be willing to support him.  He advised that anyone else that came to the meeting was through other people and not him.  Liz Will advised that all three of the Selectmen were voted in by the people and it is their job to decide what happens with Tony and people should just let them do their job.  Colleen asked where the will of the people fit into the scheme of what is in the best interest of the town.  Bill advised that he is looking for the process and procedure to which they will evaluate Tony’s job performance.  But none of this will happen until they have legal counsel to advise them of the process and procedure that they need to follow to complete Tony’s evaluation.  George advised that he has always told people to call him with concerns and he gets a certain percentage of people who feel one way and a certain percentage of people who feel another way and it is his job to weigh it out and make the best possible decision.  George feels that Town Counsel should have stepped down the minute Tony was appointed because of the conflict that she had.  Jeremy Dunn asked why the item about a survey was not on the agenda.  He advised that at the last Select Board meeting it was stated that a survey would be available for employees and department heads to fill out and this survey would be on the next Select Board agenda but it is not.  Mark advised that he asked Tony to find out from other towns if they complete a survey and only received two surveys and he has not had time to get these to the other Selectmen.  Mark feels that if the Selectmen could get a survey out by Friday then there should be enough time to have them completed before the meeting on June 22, 2010.  Bill advised that Mark is acting alone on getting the survey because the Selectmen never voted to have Mark find a survey to be completed by employees and department heads.  Jeremy asked what Mark was planning to do.  He advised that he would try to come up with a survey and have the other two Selectmen review it and make any changes that they wish.  Jeremy advised that this could not be done outside of an open meeting.  Tony advised that the Selectmen could review the survey and make recommendations but they would need to hold a meeting between now and June 22nd to discuss their recommendations.  George does not feel they should not do anything until we have new town counsel.  David Bonney advised that the Board of Selectmen could call the attorney general and get information.

Laura Lee Bertram asked the Selectmen not to call her present employer because she feels that she gave adequate references and does not wish to upset her current employer if she was not offered the position.

George explained the tree situation at the Mullen House.

The Selectmen reviewed the Special Town Meeting warrant and Tony explained why they needed to have it.  George asked why this was not handled at the Annual Town Meeting.  Tony advised that it was addressed at the Annual Town Meeting but there was not enough money in the Ambulance Department Receipt Reserved Account to cover the salary for the remainder of the fiscal year.  He also advised that this would be the last time that this would need to be done because the town voted to change the way that the ambulance department runs.  Jeremy advised that this needs to be done.  Briefly discussed applying for a short-term loan.  George motioned to hold a Special Town Meeting on June 26, 2010 at 7:00 p.m. at the Becket Town Hall and to sign the warrant, Bill seconded.  All in favor.

Tony explained what has happened with the excavator.  He advised that the town went out to bid for a lease to own excavator.  The low bidder does not have its own leasing arm and initially supplied a commercial lease but town counsel immediately rejected this lease because it was not a municipal lease agreement.  Tony advised that town counsel has looked at the municipal lease agreement that was given to him and feels that it is okay to sign.  George asked if the original bid asked for a lease agreement and Tony advised that it had.  George asked why we are trying to lease an excavator from a company that did not supply a lease at the bid opening.  Tony advised that they did provide a lease afterward and they are still the lowest bidder.  Bill feels that it should have been re-bid if the term of the lease was not clarified.  George wants to see how this was originally bid out because he is not comfortable with allowing the low bidder to supply the excavator when another company could protest because the bid did not clarify the terms of the lease.  Bill feels that the board needs to make sure everything was done correctly and if it was not then they should re-bid it.  Bill made a motion to allow George Fuller to represent the Board in looking into the bid specs to see if it was followed correctly, Mark seconded.  Tony asked if the Selectmen would vote to sign the resolution tonight in the event that George finds the bid to be kosher so that it does not take two more weeks to have the resolution signed.  In the event that George finds it not to be kosher then he would not sign the resolution.  Bill does not feel that Town Counsel’s name should be on the resolution or the town accountant’s name should be on it.  Tony also feels that the resolution should be changed to have the clerk of the Select Board sign it instead of the chairman.  All in favor.  Bill motioned to allow George Fuller to sign the modified resolution, Mark seconded.  All in favor.  George asked if this would be a conflict if he signed something for the highway department.  Tony advised that it would only be a conflict if it affected his pay which it would not.  

The Selectmen reviewed the Off Duty Detail Rate for police officers.  Tony advised that Bill Elovirta sent him information about what the current rate is for off duty detail rates.  These rates have been in effect for four years.  Jeremy asked if the town pays the officers for the detail.  Tony advised that the company that requires detail pays the town for this work.  The town in turn pays the officers.  He advised that the town makes some money on this detail.  George motioned to raise the off duty detail rate from $33.00 to $35.00, Bill seconded.  All in favor.

Bill feels that it is important to find town counsel that could administer 100% to the town.  The town counsel that we currently have is limited to what they could cover.  Bill feels that the Board should delegate someone from the Board to look into alternatives and report back to the board.  Tony advised that The Beacon lists services in the back of each publication and municipal attorneys should be listed there.  George advised that as an individual he looked into other towns to see who they use for town counsel and found that some use Bracket and Lucas from Worcester and found that they were happy with this firm.  Tony advised that Kopelman and Paige is the largest municipal law firm in Massachusetts but he had done some work with them in the past so they should not look into that firm.  Bill feels that we cannot move forward unless we get new counsel.  Tony advised that the Board should be prepared to pay more money for new town counsel because Hannon and Lerner charges a lot less than other firms.  He also advised that there is $25,000 in a legal account that could be used for a retainer for new counsel.  Bill motioned to have George continue looking into this and get back to the Selectmen at their next meeting, Mark seconded.  Jeremy asked if the only conflict with current town counsel has to do with conducting an evaluation of Tony.  He does not feel that they should be changing town counsel for this purpose only.  George and Bill advised that they have always had a problem with Sally Bell returning their calls.  Bill felt that Tony’s contract was okayed by Sally Bell so why was there no conflict back then.  Bill asked Tony how long before the June 2nd meeting did he plan to have his lawyer present.  Tony advised that he asked his lawyer that day to come to the meeting and he told Mark about ten minutes before the meeting that his attorney would be present.  George asked why the other members were not told of this.  Bill feels that it was a disservice to the town to do that because the Selectmen did not have a chance to have town counsel there to represent them.  All in favor.

Any other business: George motioned to restructure the Select Board, Bill seconded.  Mark abstained.  Motion passed.  Mark made a motion to have George as chairman, there was no second.  George motioned to have Bill as chairman, there was no second.  Bill asked George if he would accept the nomination as chairman.  George said he would.  Bill seconded the motion to have George as chairman.  All in favor.  Bill motioned to have Mark as vice chair, George seconded.  Mark abstained.  Motion passed.  George motioned to have Bill as clerk, Mark seconded.  All in favor.

Bill advised that he made copies of the key provisions of the new open meeting law from the Municipal Advocate to hand out to all boards and committees.  David Bonney thought that the Town Clerk should be in charge of making sure this law is given to all boards and commissions.  

George thanked the Selectmen for riding in the carriage in the Memorial Day Parade.

9:15 PM Bill motioned to adjourn, Mark seconded.  All in favor.






Respectfully submitted,                                                         _______________________________
Nina Weiler, Secretary                                                          Mark L. Karlberg, Chairman