June 7, 2012

Coordinator Report

The previous meeting scheduled for May 29 was cancelled for lack of a
quorum.  Rather than refer board members to the previous report for much
of the agenda I am updating and incorporating the previous report in
this one.

Appointments for FY13 are on the agenda. Member Arguimbau wants to begin
with a discussion of his proposed requirement that all appointees appear
before the Selectboard before appointment. I believe that this will make
the already difficult job of filling positions even harder and urge the
board to meet with prospective appointees individually outside of
meetings whenever they feel the need to vet prospective appointees.

Town Highway superintendent has issue with fences being built in the
town road right-of-way as they can interfere with sight-lines, may be
damaged by traffic, our operations and violate our deeded rights. As
well, stones, rocks, and reflective delineators are being placed by road
abutters in the right of way. I referred the matter of the new fence at
the former Bower's place / refrigerator corner to the building inspector
/ zoning enforcement agent and he has determined this is a matter of
trespass against our right-of-way and not a zoning or building matter.
Our legal counsel agrees that this is a matter of preserving our
easement and not a building or zoning matter. Historically we don't pay
for damage to private property in the right-of-way such as mailboxes,
picket delineators, etc. We don't plow private property.  And folks who
have erected a fence in the right-of-way may be assuming liability for
having done so. Unless there is existing monumented evidence such as a
pin, etc., we use the center line of the road as a beginning point from
which to measure. I checked with my counterparts in other small MA towns
and find that most handle these matters as a result of complaints and
when fences are found in the right of way folks are asked to move the
fence. In rare instances where the resident won't comply they end up in
court. Conway says it is understood that their public road right of way
supersedes other claims. My sense of right of ways and easements is that
you have to use them to maintain them. Pickets and mailboxes in the
right of way shouldn't be a problem as long as it is understood that we
are not paying to replace them.

Police chief will attend to update the board.  He'd like to make the
police appointments correspond with the Town annual appointments in June
and this is reflected in the proposed appointment document. Including
the chief there will be seven patrol officers. He may be ready to have
you sign the agreement with the Town of Winchester NH.

CDBG (Community Development Block Grant) matters before the board
include authorizing signoff of the final close out report by the chair. 
This is a formality and we should reflect the authorization to sign in
our minutes.  I'd like to discuss a possible next application and as
part of that we need to update our Community Development Plan and our
Project List.  Robin Sherman of the Housing authority wants to come and
present to the board regarding a desired contract to administer our
program income portfolio for continue housing rehab. Also she can
explain changes to the definition of program income. A few weeks ago HUD
(Housing and Urban Development) changed the threshold from $25k to $35k
in a year. We could contract where non program income came to the Town
and the program income says in the loan fund.

Helen Whipple has agreed to be acting Board of Health Agent on an
interim basis. That will give her more than one position and we should
designate the position "special municipal" and grant her the exemption
as we have for many others wearing more than one hat.  As well let's
grant the same to David Shoemaker. His second position is elected but I
propose we play it safe.

The Accountant notes that the unemployment insurance account is in
deficit. She wants the Selectboard and Fin Com to vote to transfer funds
from the Liability and Workers Comp line to the UE line. The budget we
present to TM has about fourteen line items and I don't think this
action is necessary. The board needs to either formally agree with me
for the record or make the motion to transfer which will require a Fin
Com meeting.

Terry has signaled his intention to retire as Treasurer by July 1. I
have advertised the position in a newspaper and posted the opening on
the website and on the notice board.  We have five candidates to date. 
On the advice of counsel and based on my conversations with the chair we
did not go the Assistant Treasurer morphing to Treasurer route.  I
propose that the Chair, the outgoing Treasurer and I conduct initial
screening and that we bring two or more candidates forward for formal
interviews in the next week.

Town counsel recommends paying Bay State the contested invoice as we
were under contract, got value, I signed for the work and he says their
failure to property advise us amounts to a separate claim for their
failure to otherwise inform us of the needed work. I reluctantly seek
reconsideration of the vote not to pay the invoice. The invoice is in
the vendor payment Warrant for your signature.

I don't have the Conservation Restriction contract for the Jay and
Manring properties nor the missing Project Vouchers for the MEMA
Halloween Storm reimbursement. MEMA is down to one staff member on the
storm event and MGLCT is waiting for an appraisal for the CR contracts
to proceed.

The ZBA will be in for some clarification.  They want to know the status
of the Silva special permit for a temporary living facility. I heard
from Mr. Silva on 6/4 and he said he would have the request filed within
a week.  He needs a permit if he stays on the premisis more than
fourteen days in a year.  The ZBA is also seeking clarification
regarding the Valentine court case in which the Building Inspector took
the residents to court to enforce his order that they take down the
structure they built without a building permit. The ZBA has been led to
believe that the Town has joined the right-of-way / easement legal fray.
This is not the case as the Town does not care one whit about the old
Pine Street roadway. We only want to enforce our zoning. The case got a
continuance while the Valentines seek a variance from the setback
provisions of our zoning. I recommend that in the best interest of the
Town the ZBA hear the matter and make a determination based on the
testimony they hear and the criteria in the law and our by-laws.

Based on an exchange of emails the resident concerned about beaver
removal is satisfied with our response. In the future Tim will advise
the police regarding beaver control activities. A permit was issued May
8, 2012 by BOH member Whiting for trapping activities on Hockanum,
Northfield, Bass, and Athol Roads.  Two beaver were taken.  The
"trapper" has eight methods to employ which include air rifle when
within 150' of a road, a shotgun when on open water, a long rifle,
traps... In the board packets are information provided by Mr. Dodge, the
licensed trapper, and by Helen Whipple who was until Monday on the BOH.
The permit was issued but information did not flow as it should have
within the health board.

Our National Flood Insurance Program application to FEMA has been
approved after a wait of just short of one year.