Coordinator report December 30, 2014

This letter to FERC is a unfinished project. When the town boards meet
again and achieve a consensus, the Selectboard has authorized the chair
to sign the testimony.

I have a phone meeting on Friday Jan. 2 with a MA AG attorney, our
counsel, and my counterpart in Petersham and will have more to report on
this proposed solar contract settlement at the meeting. I am on record
in the past calculating our damages from Soltas selling our 8.5 cent Kwh
power to City of Lowell in an amount of $3k / year. On that basis their
$10,300 settlement offer seems fair. Our counsel agrees. Chair of the
B&E committee does as well.  Counsel does point out that if we were to
prevail in court, the fact that Soltas as a for profit entity means they
could be found liable under MGL 93A for both damages and penalty. At
this point I do propose that we counter to recover our legal cost of
having the contract and the settlement reviewed.

I have had discussion with our counsel regarding strong police and fire
chief law and its meaning. He recommends that we institute employment
contracts with both chiefs because lacking contracts we are required to
give one year notice should the board decide not to reappoint. Our
counsel does not agree that these appointments are for life. And he says
that we can make as part of the contracts the terms for performance
evaluation, training, record keeping, discipline, and removal. He says
that the chiefs are not outside the purview of the Selectboard and that
if the contracts are not signed by the chiefs that the board should give
them notice immediately, as it takes a year. He has provided a sample
contract which we will want to modify with respect to items such as
vehicle and health insurance.

Annual town meeting is four months and a very few days away. 
Submissions for town report have been received of fewer than half the
expected respondents.  As soon as I complete the Selectboard's report
I'll start dunning those who have not responded. I'll schedule a joint
meeting with Finance Committee in January.  I am working on updating our
portion of the FRCOG wage and salary survey.
I have not spoken with member Arguimbau in several weeks but understand
he wishes to discuss the financial implications of the WiredWest
resolution already voted. I don't see how it may be concluded that the
town is on the hook for any expense as a result of this affirmative vote
by the board and you can discuss it under the item included in
Selectboard reports. We have in my opinion telegraphed to MBI that we
want them to spend state bond money to advance the proposal for fiber to
the home.

Highway superintendent Larry hasn't provided the Chapter 90 project
proposal in time for my notice deadline. I got quite a few particulars
wrong in my summary at the prior meeting. We have much more grant money,
well over $300k not $150k in 90 grant funds. The new JD loader will cost
more than I remembered and the trade in is quite generous. Perhaps I
will have more information by meeting time. The board can take it under
advisement or act on a project request.

I'll be meeting with B&E committee regarding next steps and our
respective roles in the Green Communities implementation at 2 pm and
prior to the Monday meeting.  I met with National Grid and FC Tech
School electrical class last week and anticipate that we will use DOER
approved vendors for air sealing and can use the tech school to install
new electric air source heat pumps at some cost savings. A first target
on our approved and submitted plan is the PD which is heated with
baseboard electric and costing a fortune.

Our legal motions on the WagonWheel appeal were heard by a Superior
Court judge on December 10. The judge ruled against the claim for
attorney's fees (and in our favor) and opposing counsel stipulated that
there wasn't anything to bring before the court except the zoning appeal
so the other count making claims against our zoning bylaw will be
dismissed. The result is we prevailed on these early motions but await
the decisions in writing. The next step is discovery. I am working with
counsel on the list of documents we want the plaintiff to produce.