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Select Board Minutes 10/19/11
Members present:        George Fuller, Mark Karlberg, Jeanne Pryor

Others Present: Craig Kleman, Bill & Maddy Elovirta, Robert Ronzio, Marty Feit, Julia Maynard, Jeanne Morano, Sandy & John Sayward, Robert & Julia Grace, Ann Spadafora, Beth VanNess, Meredyth Babcock, Markelle Smith, David Devane

7:01 PM Meeting opened.

Mark asked if anyone from the audience was recording this meeting.  Bob Ronzio is audio taping the meeting.

Selectmen’s Comments and Announcements: George thanked Mark for his help with the transfer switch on Saturday.  He advised that it went well.

Town Administrator’s Report: Craig advised that the manual transfer switch was completed on Saturday and the electrician came back on Monday and finished trimming it out and has given him instructions on how to work the transfer switch.  He submitted the final invoice for this work.

Craig advised that over the weekend the sump pump quit working and there was a minor flood in the lower level at town hall.  He called Mark Levernoch and he came and replaced the sump pump.  Mark advised that the exit door next to the men’s room downstairs does not close properly.  Discussed making a list of things that need to be repaired at town hall.

Craig advised that the auditors will be at their meeting on November 16, 2011 so if the Selectmen have any questions they should let him know so these can be addressed at that meeting.

He checked on the State award for Selectmen serving for many years and the State does not give out awards for this but the Board could ask the state rep. or senator for a proclamation recognizing his service if they want.

Craig advised that Bob Ronzio has alerted him that Wired West is asking Select Boards to write letters of support for a grant to complete the mapping of their respective communities.  This can be done under other business.  He also advised that Mass Broadband 123 is hosting meetings in our area and he will try to make it to one of these meetings.

George motioned to accept the minutes of October 5, 2011 as presented, Jeanne seconded.  All in favor.

Public Input: None.

Marty Feit of the Sherwood Forest Road District addressed the Board regarding delinquent road district taxes.  He gave the Selectmen a printout of the current back taxes that are owed to the Sherwood Forest Road District.  He is asking for help from the Selectmen to get these taxes paid.  He advised that the SFNA owes approximately $21,450 and Sherwood Greens owes approximately $80,976.  He also advised that the SFRD will be getting some money from FEMA for the damage caused by Hurricane Irene but it could use the money that is owed to get the roads back in shape.  Bob Ronzio advised that the property in the Sherwood Greens Development Corporation probably would not be collected because this corporation is defunct.  The Sherwood Greens Road District does not own any property in Sherwood Forest.  Jeanne asked if these properties are in tax title then could the town have a land auction?  Craig advised that he spoke with the treasurer and tax collector about holding a land of low value auction.  He explained the process of holding a land of low value auction.  He advised that when the town holds a land auction, any money made from the sale would go to the town first for back taxes and anything left over would go to the road and lake districts.  Bob Ronzio asked how it is determined who would get the remaining taxes after the town gets its share.  Ann Spadafora explained how long it takes to have a land auction and the amount of money that it usually generates would not cover everyone’s needs.  Bob Ronzio asked if the town collects penalties and interest, does any of this go to the districts.  Jeanne thought that some of the interest goes to the districts but she believes that the penalties go to the town.  Jack Sayward asked what happens to people who live in Sherwood Forest who are not paying their taxes.  He asked what the town did about people who do not pay their taxes.  Jeanne advised that the property is foreclosed.  Craig will look to see how long it takes to foreclose on properties.

7:30 PM Jeanne motioned to close the Board of Selectmen meeting to open public hearing as Local Licensing Authority, George seconded.  The Selectmen’s meeting will reopen after the public hearing.  All in favor.

7:35 PM George motioned to reopen the Board of Selectmen meeting, Jeanne seconded.  All in favor.

Markelle Smith of The Nature Conservancy addressed the Board regarding property located on Maple Street on Map 206 Lot 89.  She advised that she contacted the town about this parcel because she saw that this piece was taken for non-payment of taxes back in 2000.  This property does not have any road frontage and is land-locked.  Ms. Smith advised that this property has frontage on the west branch of the Westfield River and is very steep.  The Nature Conservancy is interested in property like this because it would like to protect it and to conserve it.  She wanted to check with the town to see what it may have planned for this property.  She gave the Selectmen a publication from the Department of Fisheries and Wildlife and The Nature Conservancy that has information about endangered species that are in our area.  She advised that this property has core habitat located on it.  George advised that this property could be used for a waste water treatment plant or for a water tower because North Becket has some water issues.  Briefly discussed waste water treatment plants and water towers.  Meredyth Babcock advised that she would be happy to walk this property with the Selectmen if they wished.  Ann Spadafora asked if the town used this property for a water supply system would it work in harmony with the Nature Conservancy.  Ms. Smith advised that anything that would be detrimental to this property would not be in concert with the Nature Conservancy.  Craig advised that another person is interested in this property for keeping his animals on it so it could be a win-win situation.  This person is an abutter to this property.  The Selectmen will walk this property with Meredyth Babcock and The Nature Conservancy at a later date.

Jeanne advised that when they spoke about the problem on Fred Snow Road two weeks ago, Bill Elovirta gave her information from Mass DOT concerning the speed limits and what the town would need to do to have them changed.  She advised that this information pertains to paved roads and she has been looking into what would need to be done to make the speed limit of 25 mph enforceable.  Elke Metzger, a resident on Fred Snow Road, contacted Rep. Paul Mark about this and he suggests that a home rule petition be done to have the speed limit changed.  She drafted some legislation regarding the speed limit on Fred Snow Road and also regarding the truck traffic on Johnson Road and would like the other Selectmen to review it to see if this is something they would agree on.  If the Selectmen want to go forward with this Jeanne would like to invite residents on Fred Snow Road and Johnson Road to come to a meeting to discuss it.  Jeanne feels that Williams Quarry and the Town of Otis should be contacted about the truck traffic because Johnson Road goes into Otis and there would need to be signs in place that excludes commercial truck traffic if they vote to do this.  Briefly discussed widening Johnson Road to make it better for the trucks to travel on it.  Bill Elovirta was not sure if the town’s Chapter 90 funding would be effected if these changes are made to Johnson and Fred Snow Roads.  Ann Spadafora asked if it would be possible to put up signage in areas where the road narrows or there are sharp curves or hidden driveways.  Bill Elovirta asked if it would be better to make the speed limit on gravel roads town wide so the town would not need to keep petitioning the General Court each time there is a problem on gravel roads.  Jeanne asked if they wanted to go for both the no thru trucks and the speed limit legislation or not.  George feels that if the town changes the roads to no thru trucks it would effect a lot of people’s livelihoods so he is not in favor of changing the truck traffic.  Mark feels that it would take a long time to go through the legislature so instead of inviting all the people on these roads to a Selectmen’s Meeting maybe it should just go on a town meeting warrant.  Bill suggests checking other towns to see if they ever did a home rule petition for speed limits for the entire town.  He is going to a Highway Association Meeting and will check to see if others towns have done this and report back to the Selectmen.

George motioned to accept the quote in the amount of $832 for the gutter system at Fire Station #2, Jeanne seconded.  All in favor.

The Selectmen reviewed the email from Jim Kupernik regarding part time employees working over 20 hours per week.  The town currently has a policy that makes any employee who works more than 20 hours a week for an extended amount of time a fulltime employee.  Jim would like the Selectmen to change the hours to over 30 for fulltime employees.  George asked why Jim was not at this meeting.  Craig advised that he could not make it.  Craig checked with other towns to see what they consider a fulltime employee.  Craig feels it is up to the department head to make sure no one is working over the 20 hours for long periods of time and suggests they keep it at under 20 hours for part time employees.  He advised that if the employee, who has consistently been working over 20 hours, has a problem with working under 20 hours a week he would consult town counsel.  Jeanne motioned to accept the Town Administrator’s recommendation and not increase the definition of a part time employee to 30 hours per week, George seconded.  All in favor.

George motioned to extend the seasonal all alcoholic package store license through January 15, 2012 for Becket Country Store, Jeanne seconded.  All in favor.

The Selectmen discussed the Police Chief requirements.  Craig advised that he tried to contact the town managers from Stockbridge and Lee to see how they went about hiring a new police chief but he never got through to them.  He spoke with someone from the Town of Brookfield and got information on how they hired a new police chief.  This town had a search committee and has a population of about 3,700.  He combined some of the Town of Brookfield and Bill Elovirta’s guidelines for the police chief search and reviewed them.  He suggests looking for a ¾ police chief.  Jeanne would like to pursue a full time police chief.  This would need to be approved at a town meeting.  Briefly discussed appointing a search committee and deciding if the police chief will remain part time or go to full time and holding a special town meeting.  Craig feels he should be included in the interviews since he is the appointing authority with approval of the Board of Selectmen.  Jeanne asked if Craig checked with the Town of Ashfield since its population is approximately 1,800 like Becket.  Bill Elovirta advised that the chief of police in Ashfield is full time.  The Selectmen will review the requirements and discuss this at their next meeting.

Jeanne motioned to set parking ban from November 15, 2011 to April 15, 2012 from 11:00 p.m. to 7:00 a.m., George seconded.  All in favor.

Briefly discussed increasing the assistant tax collector salary.  Craig recommends that since he did not receive a promise to get an increase after his 90 day probation period that he does not get an increase now.  Beth VanNess feels he should wait until the annual town meeting to see if the voters want him to have an increase.  Craig advised that the salary that was approved at the annual town meeting has enough to cover an increase so if the Selectmen wish to increase his salary he recommends to limit it to no more than $.30 per hour.  Jeanne motioned to accept the town administrator’s recommendation to not increase the assistant tax collector’s salary at this time, George seconded.  All in favor.

Jeanne read her Disclosure of Appearance of Conflict of Interest form.  The Selectmen thanked her for disclosing the appearance of conflict of interest to them.

George motioned to sign Acceptance of Deeds and letters of donations for property accepted at Annual Town Meeting, Jeanne seconded.  All in favor.

The Selectmen reviewed letter from Becket Federated Church regarding the failure to list the Selectmen’s Meetings on the 2012 Becket Washington Community Calendar.  The Selectmen accept the apology and hope that this never happens again.

The Selectmen reviewed the Special Permit Application from the Planning Board for a general service establishment, specifically a carpentry shop located in a new barn located at 78 Carter Road.

Any other business: Craig advised that he received an email from the police chief advising that one of his part time officers called to say that he will not be able to work for at least a week because of a back injury and his being out now causes a shortage.  He is asking the Board to allow him to return to normal duty.  He advised that if he is not allowed to return to normal duty then some shifts may go unfilled.  Bill also explained that one of his full time officers takes time off at the end of November and most of the month of December to go hunting and his other full time officer takes time off to go hunting so this will create a problem filling the schedule.  He also has officers that take time off during the holidays.  He also advised that because of the paving jobs that will take place the next three weeks for the hurricane damage, they are looking for eight police officers to do detail work.  He explained that the officers need to have backup during domestic disturbances and he feels that it puts these officers in jeopardy if no one is available to back them up.  He advised that the town voted to have him continue his duties until he turns 70 in May and that he retired from group one not group four.  He spoke with Rep. Mark about the legislation and he advised that the committee has not made any recommendations yet because they want to wait until pension reform is passed by the legislature to see how it might affect some individual’s pensions even though he agrees that it would not affect Bill’s pension.  He also advised that all of his certifications are up-to-date and all of the other police chiefs in Berkshire County who are waiting for the legislation to pass are working normal duties except him.  Jeanne motioned to return Bill Elovirta to normal duties until Officer Hilton returns.  No one seconded this motion.  Bill Elovirta advised that he will also have a problem filling the schedule in late November and in December.  Mark asked what time frame he would like then.  Bill would like to be returned to normal duties as needed until he turns 70 because he does not know what will happen from now until then.  George asked if Craig called town counsel about this.  He advised that he did not contact town counsel.  George advised that this will put the town in jeopardy of a law suit because of the two appeals Bill has with PERAC and the home rule petition.  George also advised that Bill is putting two people’s jobs in jeopardy because he is signing paperwork that he is not supposed to sign.  Mark advised that he is doing administrative duties and is not active in normal duties so he should be able to sign paperwork.  Julia Grace, who is an attorney but is speaking as a resident, feels the town could get sued because it is inadequately staffed.  She feels that the town should remind its attorney that they work for them not the other way around.  She feels the Selectmen should put the attorney’s feet to the fire and ask what they should do to protect the public when shifts are not covered.  Bill advised that he was always available to back up an officer if they needed it but he cannot do it now so there is a chance that an officer could be injured.  George asked Mrs. Grace if her opinion is to have the town break the law.  She advised that she is speaking as a resident and is not giving them legal advice.  George advised that if an officer needs assistance they could call the State Police to assist them.  Maddy Elovirta replied that this could take 45 minutes.  Mrs. Grace replied that the town could be setting itself up to be sued because it took so long for the State Police to show up.  Jeanne motioned to return Chief Elovirta to normal duty until the legislature acts on his petition and to do it for the public safety of the town, Mark seconded.  George voted against this.  Motion passed.

The Selectmen reviewed the Becket Ambulance Department Request for Write-Off Report.  George motioned to send the request for write-off to the collection agency, Jeanne seconded.  All in favor.

Beth VanNess asked why the town would pay Lee Regional Visiting Nurse Association if it could get the services for free if we join the Berkshire County Health Alliance.  Jeanne advised that the town would pay for services as they use them.  Beth advised that she and Gale LaBelle could provide free flu shots through the Berkshire Medical Reserves Corp. so she wanted to know why the town is paying LRVNA for their services if it could get them for free.  George advised that the LRVNA provides more than just flu shots so he does not want to stop using them until we know what services they provide.  Craig will look into this and get back to the Selectmen.

Craig advised that Bob Ronzio alerted him that Wired West is asking select boards within Wired West community to write a letter of support for a grant to complete the mapping of their respective communities.  He also advised that Wired West did most of Becket a couple of years ago with a grant with Berkshire Regional Planning Commission but they are looking for further work using GIS.  This grant is called the Central Berkshire Fund administered by Berkshire Taconic Foundation.  Bob Ronzio is recommending that the Selectmen sign the letter of support so that Wired West could finish up this work.  George motioned to sign to the letter of support for the Central Berkshire Fund for the proposed work by Wired West, Jeanne seconded.  All in favor.

Reviewed correspondence.

9:25 PM George motioned to adjourn, Jeanne seconded.  All in favor.

Reviewed payroll/expense warrants.




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