Members present: Mark Karlberg, William Cavanaugh, George Fuller
Others Present: Craig Kleman, George Roberts, Maddy Elovirta, Robert Ronzio, Al Lussier, Heather Anello, Colleen O’Connor, Beth VanNess, Gerry Galliher, Jeanne Pryor, Katherine Hoak, Jack Young, Rita Furlong, Bud & Joan Moylan, Gale LaBelle, Madeleine Swindlehurst, Paul Campbell, Doug & Geri Walter
7:03 PM Meeting opened.
George asked if anyone from the audience was recording this meeting. Beth VanNess is audio taping the meeting.
Selectmen’s comments and announcements: None
Mark motioned to accept the minutes of June 8, 2011 and June 15, 2011 as presented, Bill seconded. All in favor.
Public Input: Tim Sullivan, the Emergency Management Director, addressed the Board regarding a grant that the town received from MEMA in the amount of $2,500. He advised that he is working on another grant that will be available in August for about $5,000. He plans to help other departments like the fire and ambulance departments by purchasing needed equipment and he will let the Selectmen know if the town receives this grant.
Colleen O’Connor advised that she has read the minutes and agendas for all boards and committees that were posted on line going back to 2006. She advised that the selectmen’s meetings back then dealt with the Boston Post Cane and there were many dog issues but she feels that the town was short-changed because there were secret meetings before the Selectmen’s Meetings and the Selectmen were told how to answer questions. She stated that the town has evolved into having more in depth meetings. She also stated that there are two sets of rules. One is for the in-crowd and the other is for everyone else. She asked why the police chief could still be working when the law states that while he is appealing the mandatory retirement age law he would need to do it while he was in
retirement. She also stated that the water issues in North Becket have been around for about 15 years and there has not been a legal real estate transaction in North Becket since 2002.
Bob Ronzio advised that he too has looked on the town’s website and has not seen that the Board of Health posted any of its agendas. He asked if the Board of Health is posting its agendas in town hall. He also advised that his political signs are being removed, moved and stomped on but Bill Cavanaugh’s political signs are not being touched. Bill asked him how he knows that his signs are not being removed, moved or stomped on. Mr. Ronzio replied that he took pictures of the signs. Bill advised that one of his signs was stolen too. George advised that the Board of Selectmen has no control over the signs and they are not responsible for what happens to them.
7:20 PM Bill motioned to adjourn the Selectmen’s meeting to open the public hearing as the local licensing authority, Mark seconded. The meeting will reconvene after the public hearing. All in favor.
7:25 PM The Selectmen’s Meeting reconvened.
Public Input continued: Bob Ronzio stated that at a Finance Committee and Selectmen’s meeting about a month and a half ago it was mentioned a few times about the Building Inspector sleeping in his office. He advised that he did not see it in any of the minutes and was wondering if the problem has been resolved. Bob asked Bill if this was a rumor or if this is fact. Bill advised that he heard from a few people that they found him sleeping in his office. Bob would like to hear the tape of this meeting. Mark advised that it was the Finance Committee’s meeting so he would need to check with them. Madeleine Swindlehurst feels that if a discussion about an employee takes place during a meeting, that employee should be in attendance to defend themselves. Bob asked if the
reason the Board did not want him working 40 hours during the whole year was because of the building inspector allegedly sleeping on the job. Craig advised that the Finance Committee and Selectmen voted to keep his hours the same as last year because building slows down considerably during the winter months. Bob Ronzio feels that if there was an issue with the building inspector then it should have been brought to the town administrator.
Mark motioned to appoint Kathleen Vsetecka and Alfred Moylan to the Conservation Commission terms to expire June 30, 2014 and Zina Jayne to the Massachusetts Broadband Initiative and Charles Andrews to the Finance Committee, George seconded. All in favor. A question came up to why they were appointing Charles Andrews to the Finance Committee because it should have been on the ballot for the election that took place on May 21, 2011. George Roberts advised that Charles Andrews never requested to be on the ballot. Bill asked if the ballot had the vacancy for the Finance Committee on it so someone could have been written in. George Roberts could not remember if it was on the ballot. George asked Craig to check on this and report back to them.
The Selectmen reviewed the letter regarding the legality of the June 29, 2011 caucus. George asked George Roberts to explain what happened with the caucus. He advised that Jeanne Pryor submitted a letter to the Selectmen asking that they check the legality of the caucus because she believed that it was not posted properly. He told the Selectmen that he put a notice on the bulletin board in the town hall that showed the date and time of the caucus but it should have been a warrant signed by the Selectmen and it should have been posted in at least five conspicuous places. He advised that he spoke with town counsel and they recommend that a governor’s bill be submitted that would ratify the results of the caucus. Town Counsel does not believe that anyone’s rights were trampled on
because of the way the caucus was done. He gave the Selectmen a copy of the letter that would need to be sent to the legislature if the Selectmen decide to go this route. He apologized for his failure to draw up the proper warrant and have the Selectmen sign it and have it posted properly. George R. stated that when the election in May ended up with a tie vote for the Selectman position, he spoke with the elections division and they advised that there would need to be a whole new election schedule including a new caucus. George asked if the election could still be held in August if the governor’s bill was not signed yet. George R. stated that it could still be held. Jeanne Pryor asked if the town clerk had given the Selectmen any notices that were in the paper about the caucus and election. She advised that there were articles about the election but nothing about the caucus. He advised that when the Selectmen called a special
election they should have called a special caucus also. He also advised that he had the warrant all set on his computer but he got distracted and never had the Selectmen sign it. Bill asked what the difference was between an article and a notice. A notice would have the time and place and date of the caucus but an article could have whatever the newspaper chose to put in. Bill asked if the town clerk posted it anywhere other than the town hall. He answered that he posted it on the town hall bulletin board, the Council on Aging bulletin board, the outside podium at town hall, the Becket Country Store, the Becket General Store and the post office. Jeanne Pryor advised that she went to the post office the day of the caucus and did not see it posted there. She is afraid that people may not have seen the notice therefore never came to the caucus. George asked the other Selectmen if they wanted to go with the letter regarding the governor’s bill or go with a whole new caucus and
election. Bill advised that the letter that was drawn up has inaccuracies. The first inaccuracy was that it states that the Selectmen discussed the caucus at a meeting. He looked through the minutes and they do not say anywhere that the Selectmen discussed the caucus. The letter also states that the caucus was well attended. Bill does not feel that 88 voters is a good turnout. George R. stated that the letter could be edited. Bill feels that the election, if it was still held on August 6, 2011, could be challenged and he is not comfortable with that. Bud Moylan asked what the cost would be to conduct a new caucus. George R. did not have a figure for this. Gale LaBelle asked if there was a conflict of interest if Bill votes on scheduling the new election. Both George and Mark advised that he could not vote on this. Bill advised that if it did not deal with his salary he could vote. He would like a legal
opinion on whether he could vote or not. If the town attorney says he could not vote then he would not but he feels the chairman could not tell him he could not vote. Bob Ronzio does not want to start all over again but he feels if the election could be challenged then he wants to start fresh. George wants to table scheduling a new election schedule until the meeting on July 20, 2011 so they could get answers from town counsel about whether Bill could vote on it and he would also like George R. to get a total of the cost for the caucus. Mark motioned to cancel the election on August 6, 2011, George seconded. Bill did not vote. Motion passed. George R. feels the Selectmen should have a special selectmen’s meeting right away to get the ball rolling and not hold up the special caucus and election any further. Mark motioned to schedule a special selectmen’s meeting on Wednesday, July 13, 2011 at 6:00 PM to go over new caucus
and election, George seconded. Bill needs to have a definitive answer about whether he can vote or not. He does not want an answer from the attorney saying they “suggest” he not vote because he would challenge it. All in favor.
The Parks Commission asked why the Selectmen wanted them at this meeting. George asked why the sculptures that are on Bill and Maddy Elovirta’s property was not on town property. Maddy advised that this was not a parks commission decision. A woman came and knocked on Maddy’s door and asked if she could place the sculpture on her property because she wanted them on the post office property but was told she could not put them there. She advised that the woman received a grant for the sculptures and it is not costing the town a cent to have them on display. George asked about the basketball hoops in North Becket. He asked if this was supposed to be a basketball court or a parking lot. Rita Furlong advised that the Parks Commission thought North Becket could use a
basketball court so they set one up. George asked if the Parks Commission would mind if the hoops were taken down in the winter. She thought that that would be a good idea. George also asked if the Parks Commission could take the trash from the ball field next to the town hall over to the pavilion garage. Maddy and Rita do not feel they should be required to pick up the trash because they are volunteers. The highway department is paid to pick up the town’s trash so they feel they should be doing it. Briefly discussed how to get the trash from the ball field to the pavilion. George asked when did the athletic field across from the school turned into a town park. Rita advised that it has always been a town park. The school has been using it as an athletic field and has always mowed it and she feels that if the school continues to use it then it should be mowing the field.
The Selectmen reviewed letter from the DEP and the Becket Arts Center regarding Public Water System determination. George asked if the water has been tested. Paul Campbell advised that the arts center had the water tested prior to the DEP determining that it is a public water system and it has tested fine in that there was no chloroform or ecoli. The water was not tested for heavy metals. He also advised that the arts center tests the water to make sure it is safe for the members to use. George asked who would be paying for the certified water operator. Colleen O’Connor advised that Berkshire Enviro-Labs is the company that provides the certified water operator. Craig advised that the town would need to follow procurement policies to get a certified water operator.
Paul advised that because this is a town owned property, it would need to decide how this water would be tested and how it would pay for this service. He also advised that the DEP came to them about being a public water system; the arts center did not go to the DEP to determine if they were a public water system. Bill asked Paul if the library was a public water system. He did not know if it was a PWS. Bill thought that the town and the library could maybe get a discount if they include all three properties together. He was also concerned that if the Arts Center and Mullen House are considered a PWS then the library should also be considered one since it has children’s programs and other programs during the year and he feels it would meet the criteria for being a PWS. Colleen O’Connor advised that the library is currently trying to locate their well and septic system and believes that it is already certified as a PWS. She
also stated that she would not advise anyone to drink the water at the Arts Center because the well is located less than 50 feet from the leach field.
George asked Craig if he found out anything about the vocational transportation. Craig advised that he spoke with Ed MacDonald from Chester and was told that it would cost the same if the town transported the Smith Voc. students instead of the Westfield Voc. students. He also advised that he found the original contract the town had for voc. transportation. A section of this contract states that if a town wishes to withdraw from the contract it would need to give at least 60 days notice to do so. It is too late to get out of this contract for this year but the town could do it next year. Craig stated that the Selectmen would need to decide whether they wished to continue renting a van or can choose to purchase its own van for next year. Mark motioned to sign the Vocational Transportation
Bus Contract, Bill seconded. All in favor.
The Selectmen discussed the pay increase for fulltime ambulance department workers. Gale LaBelle asked if this would need to go to a town meeting. Craig advised that he checked with legal counsel and was advised that the Selectmen could vote to give them an increase because the ambulance department did not submit a detailed budget, it submitted a total amount for salaries. Madelaine Elovirta asked if this would be setting a precedent for other departments to come to the Selectmen after town meeting and ask for more money. Bill and Mark feel that the ambulance department should get the 1.5% increase. George feels that the ambulance director should have included the part timers as well as the full timers. Briefly discussed having the department heads include increases in their budgets. George would like Craig to check with the ambulance director to see why the part timers are not included. Bill feels that if a department head is having trouble putting together a budget then
the town administrator should assist them. George feels that the department heads should be doing their own budget. Craig will check to see why the part timers were not included and what the cost would be to include the part timers.
The Selectmen reviewed the revised Service Agreement by and between the Center for EcoTechnology, Inc. and the Town of Becket. Nina advised that the town enters into this agreement every year so that it would be included in the Household Hazardous Waste Program. Mark motioned to sign the revised Service Agreement by and between the Center for EcoTechnology, Inc. and the Town of Becket, Bill seconded. All in favor.
Mark motioned to sign the annual agreement with the Lee Regional Visiting Nurse Association, Bill seconded. All in favor.
Mark motioned to submit Fiscal Dues to the Berkshire County Selectmen’s Association, Bill seconded. All in favor.
Craig went over the accounts that had deficits and explained where the money would come from for these deficits. He advised that agenda item #16 should be included in this discussion. Bob Ronzio explained that he had advertised for the Municipal Lighting Plant but does not have the funds to cover the advertisement. He was appointed by the Select Board to work on broadband but does not have an account to pay the cost. Craig advised that the cost is included in the money transfers. Mark motioned to transfer $200 from Audit Expenses to the demolition fund; to transfer $500 from Audit Expenses to the Energy Grant Match; to transfer $184 from Outside Payroll Expenses to Town Accountant Salaries; to transfer $250 from Health/Life Insurances to Tax Title Expenses; to transfer $648 from Interest on
Short Term Debt to Municipal Repairs; to transfer $1,209 from Computer Hardware Upgrades, Fire Station Well, Interest on Short Term Debt and Health/Life Insurance; to transfer $275 from Animal Control Expenses to Animal Control Salaries; to transfer $380.72 from Highway Dept. Salaries to Highway Vacations; to transfer $1,290 from Winter Roads Overtime to Highway General Maintenance; to transfer $2,730 from Transfer Station Expenses to Transfer Station Salaries; to transfer $4,800 from Town Counsel Expenses to Payroll Taxes; to transfer $660 from Audit Expenses to Advertising, Bill seconded. George wants Craig to check to see why the building department salaries needs $1,209. All in favor.
Bill motioned to sign Dog Officer Warrant for fiscal year 2012, Mark seconded. This needs to be done annually so that the Animal Control Officer can pick up animals. All in favor.
Craig explained that the town did not put these two items regarding Craneville and Kittredge School repairs on the warrant for the annual town meeting because we did not receive the information until late April. Richard told Craig that it did not matter because the schools were not in our town. CBRSD needs something saying we took no action. Bill motioned to certify that they took no action on extraordinary capital bonding in the amount of $1,600,000 for the repair and/or replacement of the roof and skylights at Craneville School and in the amount of $330,000 for the replacement and/or repair of the roof and several windows at Kittridge School, Mark seconded. All in favor.
The Selectmen reviewed the Becket Ambulance Department Request for Write-Off Report. Mark motioned to send all of the requests to the collection agency, Bill seconded. All in favor.
The Selectmen reviewed the monthly report of the Ambulance Department. Craig advised that the town received an Electronic Data Interchange Provider Trading Partner Agreement for the ambulance department. This is so that the ambulance billing provider can do the billing electronically. Mark motioned to sign the Electronic Data Interchange Provider Trading Partner Agreement, Bill seconded. All in favor.
The Selectmen reviewed the special permit application from the Planning Board for a dwelling unit over a permitted commercial business office on the campgrounds of Camp Lenox and the special permit application from the Planning Board to change the height of a 130 foot long shadow fence from 6 ft to 8 ft tall at 679 Main Street and a special permit application from the Planning Board for a one-bedroom apartment above existing general store at 30 Washington Street.
Any other business: Craig advised that there will be a hearing on the request to State Legislature to enact “home rule” legislation allowing Police Chief Elovirta to continue in the position as Chief until June 30, 2012 on July 19th. Senator Downing has asked for written testimony about the special legislation and the town’s plan as to what it envisions will happen after Chief Elovirta retires. Craig stated that if the Selectmen want he can take a crack at it and bring it to next week’s meeting for the Selectmen to approve. The Selectmen are fine with this.
George advised that Ray Tarjick and the Emergency Management Director want the town to purchase vehicles for them to use in their capacity as fire chief and EMD. He feels that the town would be spending a lot of money insuring these vehicles, registering and maintaining the vehicles and wants to know why they cannot just use their own vehicles and get paid mileage. He does not like the idea of the building inspector and the Board of Assessors using the old police cruiser to drive around town. Briefly discussed this issue.
Reviewed correspondence.
9:55 PM Mark motioned to adjourn, Bill seconded. All in favor.
Reviewed payroll/expense warrants.
Respectfully submitted, _______________________________
Nina Weiler, Secretary George Fuller, Chairman
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