Egremont Board of Selectmen
August 5, 2008, 6:00 P.M., Egremont Town Hall
Selectmen Attending: Chairman Bruce Turner, Vice-Chairman Tom Haas, Selectman Bruce Cumsky
Guests: Highway Superintendent Jim Noe, Bill Weigle, John Walther Jr., Betty Duryea, Margaret Candee, Nick Cooper, Frank Penglase, Hilary Penglase, Laura Allen, Karen Cumsky, Bev Almond, Marge Wexler, Police Chief Bucknell, Miriam Shapiro, Tom Curnin, Tom Race, Jen Brown, Willa Brown, Miranda Hosier, Stanley Gershen
Recording: Juliette Haas
1) Interview for Highway Position Chairman Turner called the interview session for the vacant highway positions to order at 6:00 p.m. The following candidates were interviewed at private ten minute intervals: Peter Beckwith, Paul Nardin, Richard Neales, Timothy O’Neal, Alan Reynolds (William Cooper did not appear for his appointment) All candidates were asked about and commented upon their past work experience, the licenses they currently hold or are in the process of getting, experience with different machinery and mechanical and shop skills. Upon completion of the interviews Mr. Bill Weigle asked the Selectmen if any former Egremont highway personnel had applied for the job. He was informed the interviewees who appeared before the Selectmen this evening were the final candidates. Highway Superintendent Jim Noe requested additional time to review this evening’s information and will report back to the Selectmen before their meeting on Saturday where it will be put on the agenda and the final appointments will be made.
2) Acceptance of Minutes: After a short break the meeting reconvened at 7:00 p.m.. Motion was made and seconded to accept the minutes from the July 22, 2008 meeting. Minutes were accepted unanimously.
3) Historical Commission Report: Historical Commission members Mrs. Betty Duryea, Mrs. Margaret Candee, and Mr. Nick Cooper appeared before board. Mrs. Duryea stated attendance has been very good this year and new homeownership in Egremont usually generates interest in the archives. The Commission will soon be presenting a memo to the Selectmen including the foloowing repair work they feels needs to be done to the building: four windows covered in archival UV protective plastic should be preserved; new wider and more level steps be installed near the back door; crack in pillar on stage. Nick Ball will be informed of these requested repairs. Thanks to volunteer help from Mr. Charlie Flynn the Commission will soon have computer facilities for data storage. The Commission will supply their own equipment and declined town funding from the town’s computer budget. Mrs. Duryea asked if they could have equal use of the little upstairs room to be used as their computer station. They are seeking new members and asked if this could be put in the town newsletter. Mr. Nick Cooper added they are currently working on postcards with historical photos which will be for sale by the Commission. Mrs. Duryea declined assistance in the marketing of these postcards. In addition they have recently acquired a collection of historic deeds and are having a case made to house their collection of old family bibles. Mrs. Duryea then spoke of the historic relevance of the buildings that were once sited at the current town Annex building. She stated the Annex should be keep for it historical significance and therefore should not be torn down.
4) Cultural Council Report: Committee Chairman Mrs. Hilary Penglase spoke on behalf of the Alford/Egremont Cultural Council. She presented a list of the 2008 grant recipients who were awarded a total of $8200. The grant recipients, who received either full or partial funding for their events, all offered community programs which have local relevance and were split between children and adult programs and school pass grants programs. Mrs. Penglase set up and manned a booth at the recent “Egremont on Parade” for the purpose of spreading public awareness of the program and to seek future potential grant applicants. Suggestion was made to provide a link from the town web site to the Cultural Council state web site to provide information to the public. Mrs. Penglase was thanked by the Selectmen for both her presentation to them and for the work she and the committee members have done to date.
5) New Building Inspector: Newly appointed Building Inspector Mr. Tom Race appeared before Select Board. Selectman Cumsky brought up the concept of moving the Building Inspector hours to Tuesdays 3:00 – 6:00 p.m. to add in the Tuesday night “one stop shopping” concept at Town Hall. Mr. Race stated the majority of people coming before him are contractors, engineers and builders who prefer to carry out this business during regular business hours. Mr. Race stated he did not recall the original hours ever being a problem. He added that since people can always call ahead to schedule special appointments he did not see any benefit in changing the hours and the original hours and scheduling rarely made homeowners wait longer than 48 hours for inspections. It was agreed by all the Selectmen that the current Tuesdays 12:30 – 3:30 p.m. will remain. Mr. Race agreed to work for the same salary as the previous Building Inspector and stated his certifications are good for the next three years. Mr. Ed May will be his back up and Mr. Donny Torrico will be second back up. The entire Select Board welcomed Mr. Race back.
6) Citizens Time
a) 4H Request Willa Brown and Miranda Hosier of the local 4H group appeared before the Selectmen requesting a bin be placed at the transfer station to hold deposit cans and bottles for fund raising efforts for the Heifer Project and Animal Dreams. They stated their group will take responsibility for collecting the deposit bottles once a month. As it was believed there is a similar bin there already for another group they were granted approval based on sharing the space at the transfer station.
b) Fire Truck Accident Mr. Bill Weigle stated his concern not only of the injury of the Egremont resident involved in the recent accident but also of the potential threat to public safety the vacancy of that truck may be causing Egremont citizens. He questioned whether the response to the “low-priority call” was appropriate and asked what steps the Fire Department is taking regarding refresher courses in equipment handling. Chairman Turner objected to Mr. Weigle’s usage of the term “low-priority call” and stated this emergency call and all emergency calls, whether involving life or property, are responded to by both police and fire in the same way. Chairman Turner also stated the driver of the fire truck was a professional driver with a valid CDL license and was responding in an appropriate manner. Vice Chairman Tom Haas requested that it be noted in the record that contrary to Mr. Weigle’s public comment it has not been determined the fire truck caused the accident. The matter is currently under investigation by the State Police and comments on the incident should not be made until the report is finalized. The Fire Department has already made overtures to the Town of Great Barrington and other neighboring towns to somehow share services during this period while the Egremont truck is out of service. Mutual aid may also have to come into play. Selectmen Cumsky stated that all valid suggestion as to what the town will do during this “truck short” period will be given attention. He also said he will ask the Fire Chief to ask all fire department volunteers to have all necessary Massachusetts licenses take part in routine drills. Police Chief Bucknell added she and the Fire Chief have already had discussions about additional drills and refreshers and suggested that highway personnel should also be included. She and the Fire Chief are planning to approach the Selectmen at a September meeting to discuss this. She reiterated the investigation should take its course and the vehicle data recorder may offer additional facts about the accident. She added the Fire Chief will make a full report to the Selectmen when there is more concrete news. The state report may be completed as early as this Thursday.
c) Moving Historic Building Miriam Shapiro/Egremont Plain Road came before Selectmen seeking guidance as to the proper procedures in the moving of a historic outbuilding on her property which is in danger of washing away and falling down. Someone from the town will get back to Ms. Shapiro after research on the matter is done. When asked if she felt the building was in danger of collapsing causing possible bodily harm she stated she didn’t think the danger was eminent.
7) Town Officials/Jim Noe
Loader Motion was made and seconded to accept low-bid on the CN Wood Komatsu loader with additional snow plow and four-year service and warranty. The final price is $93,500 including the $11000 trade-in on the old vehicle. Vote taken and passed unanimously. Mr. Noe expects delivery within three months.
Nicholson Road Mr. Noe informed the Selectmen that the previous agreement with Catamount to maintain this road at their expense may have lapsed. Future maintenance of the road was agreed by the Selectmen that it will be the responsibility of the Town of Egremont and detailed information about the extent of winter maintenance will be discussed at future date. Discussion regarding the driveway easements and the two gates operated by Catamount and Swiss Hutte ensued. Mr. Noe stated he would rather not make any improvements to Nicholson Road until the construction work at the Hakim property is completed.
Consolidating Highway Department Purchasing Selectmen Cumsky asked Mr. Noe if the Highway Department could combine purchasing and deliveries of various road supplies for possible savings to town. He also suggested consolidating routes for savings during plowing season. Mr. Noe noted certain highway purchasing offering better price may not translate into direct savings to town. He felt better service and long-standing relationships more often then not delivery better long-term results.
8) Peer to peer program: Vice Chairman Haas stated this state program has merit and suggested it could be used to offer guidance to the town’s Affordable Housing committee. Selectman Cumsky felt it could be used towards the window replacement at the Library. Discussion from room brought up the possibility of using any funding to assist in the writing of a grant application to the state’s municipal historical building preservation program. Mrs. Laura Allen stated she had a copy of last years grant program and will research its details and conditions. Ms. Mary Brazie will also be asked to look into this.
9) Upcoming Special Town Meeting Town Clerk Peggy Muskrat is not available to attend the Saturday October 4th meeting. The Selectmen then changed the date for this meeting to the fall back date of Tuesday October 7th. Selectman Cumsky stated he will push heavily to have annual town meetings moved to Saturdays. Chairman Turner felt this may need a town by-law change.
10)Office Clerk Hours The Selectmen reviewed a log Ms. Susan Rockefeller submitted demonstrating the hours she has spent assisting the Assessors Office. Ms. Mary Brazie and Ms. Pat Meilke will be asked to provide input to the Selectmen on Ms. Rockefeller’s other duties.
11)Egremont on Parade The Selectmen unanimously commended the Egremont on Parade volunteers with special thanks to chief organizer Ms. Bonnie Oloff on the excellent event. The event did well financially and a portion of the proceeds will be used as seed money for next year. Ms. Karen Cumsky suggested that for future events it might be prudent if different committees, specifically the Friends of Prospect Lake, combine its efforts to create a stronger joint event.
12)Verizon Complaint The Town of Egremont has officially joined this joint multi-town complaint. On the subject of communications Mr. Bill Weigle stated there is a report stating the location of the proposed cell tower is violating instrument approaches for the Great Barrington airport. The Selectmen requested a copy of this report be submitted to Town Hall for review. It was felt the responsibility of working out any disagreements of this nature should involve the FAA and AT&T and not involve the town.
13)Upcoming Selectmen’s meeting Saturday August 9th The Selectmen reviewed the two draft agenda for the upcoming Saturday Selectmen’s meeting. After a lengthy discussion it was agreed Chairman Turner will combine aspects of the two and prepare the final agenda. Ms. Laura Allen requested a copy of the final agenda as she will be keeping the minutes. Ms. Juliette Haas will prepare sign-in sheets on a clip board which will be passed around during meeting.
14)Uncomfortable Seats Mr. Jim Noe stated that after three plus hours of attending tonight’s meeting he found the molded plastic seats quite uncomfortable.
15)Meeting adjourned 9:10 p.m.
TOWN OF EGREMONT, MASSACHUSETTS
MEETING OF THE SELECT BOARD
MINUTES
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Date : August 9, 2008
Time : 10:00AM
Place : North Egremont Fire House
Present at the head table were Chairman Bruce Turner, Vice Chairman Tom Haas, and Selectman Cumsky
Town Officials/Employees also present were Laura Allen, Finance Committee Chairman (also taking minutes of the meeting), Jim Noe, Highway Superintendent, Patricia Mielke, Treasurer/Collector, Florence Browner, Assessor, Charlie Flynn, Technology Committee Chairman and School Committee appointee, Marjorie Wexler, Planning Board, William Weigle, Finance Committee, Reena Bucknell, Chief of Police, Charles Ogden, Water Commissioner, Bill Turner, Fire Chief, Frank Penglase, Finance Committee, Susan Turner, Library Trustee.
Also attending were residents and second homeowners, whose names are listed on the attached Sign-In sheet dated August 9, 2008.
Chairman Turner introduced Select Board members and town officials.
SCHEDULED ISSUES:
The Board unanimously approved offers of employment to Peter Beckwith and Richard Neals as members of the Highway Department, leaving the issues of pay grade, salary, and probationary period to be decided by the Highway Superintendent and Office Administrator in accordance with Egremont’s salary and personnel policies.
The Board unanimously reappointed Peggy Muskrat as Town Clerk.
Fire Chief, Bill Turner, addressed the audience regarding alarms practices in town. Those full time and part time residents whose alarms are tied into an answering service need permits. He stressed that it was extremely important for pertinent information to be kept up to date. In order to minimize damage that might occur getting into an empty house, it was noted that leaving a key with a neighbor was extremely important. The usual places in which keys are kept by homeowners are known to emergency personnel and also to those who might wish to break into the house. Mr. Rosner (?) from Creamery Road brought up the possibility of a lock box solution with one master key to be held by fire and police. Chief Turner noted that Great Barrington had such a program while Sheffield decided not to have such a program. The Select Board agreed to look into the lock box issue to see if such a program would benefit Egremonters. Chief Turner also reminded everyone that homes need to be accessible. Emergency services require that driveways need to be shoveled in the winter.
Vic D’Amato of Ox Bow Road asked Chief Turner how the Fire Department handles calls to buildings/sites which might be considered “dangerous” and businesses and/or homes which may have hazardous chemicals stored. Egremont has a volunteer fire department. It has three fully trained (would be hired by a full time department with no further training), and 19 volunteer firemen, all of whom participate in ongoing training. At the very least the volunteers meet every Tuesday night. The Chief has an awareness of what is going on with buildings, structures, etc through the permitting processes required for renovation or construction, which require the installation of smoke detectors and CO2 detectors. The permits which the homeowner or contractor receive require Bill Turner to do on site inspections.
The Chief described a program whereby our Council on Aging has obtained lithium battery smoke detectors. The installation is handled by one of our firemen and is free to those homes that have never had smoke detectors, have disabled persons, the occupants meet an age requirement, or the family has children. Further, a law enacted two years ago requires that during new construction/renovation CO2 detectors be installed. To be safe, Chief Turner recommends that all homes have CO2 detectors.
Chief Turner noted that Engine No. l would be out of service for at least three months due to a recent accident and that a replacement truck would be available in approximately 2-3 weeks. We have four trucks, two in South Egremont and two at the North Egremont station.
Police Chief, Reena Bucknell, relayed that if home owners were going to be away for extended periods the Egremont Police, if notified, will check on the house on a daily basis. Chief Bucknell also stressed the importance of leaving a key to the house with a neighbor and of letting the police know with whom the key is left. She noted that the direct police department line for business is 528-2160 and to let the phone ring 7-8 times at which point dispatch will pick up, take a message, and get to the officer on duty. Of course, 911 is the emergency number.
(Name), Egremont Heights, would like to see a patrol car at the Heights at least once during the weekend. Chief Bucknell is to look into the routine for Egremont Heights patrols. The Chief further stated that if hunters are to hunt on property, licenses and the written permission of landowners is required. If hunters do not have written permission to hunt, they are considered trespassers and treated as such.
Jim Noe, Highway Superintendent discussed some projects to be completed before summer’s end. Widening Baldwin Hill West and resurfacing it with oil and stone, blacktopping a portion of Blunt Road and resurfacing Ox Bow are among the jobs in the pipeline. Blacktopping Baldwin Hill North was brought up and Mr. Noe noted that for everyone wishing to see the road blacktopped, another one or two wished to see a country road. If anyone has issues they would like to discuss about our roads, Jim is always available at the garage or by phone.
Florence Browner, one of our three Assessors, noted office hours for the assessors. It was also noted that Harald Scheid, a Regional Consultant, professional assessor, with whom we have contracted services, is available to talk with anyone should they have questions that our assessors cannot answer. Sheldon Gross of Boice Road asked about the personal property tax on second homeowners and businesses. Resident homeowners’ primary residences are not subject to the personal property tax. Chairman Turner noted that the personal property tax is a state mandated tax. There may be an exemption available based on age and those who wish to delve further into this exemption are urged to call the assessors.
Chairman Turner gave an overview of proposed capital planning spending for the town. Capital items being considered are a police building, town hall renovations and upgrade, and a library. It was noted that a modular building for the police department is being considered and will cost approximately $450,000. Town officials are in the process of prioritizing needs, costs, and benefits.
CITIZENS’ TOPICS:
1) Miriam Curnin of Shun Toll Road was recognized and spoke to her qualifications and experience being the basis for having something to add to discussions and in particular pointed out her dismay at not being able to speak at town meetings. The Board noted that town meeting is a legislative body at work, and the Moderator has control of the meeting. The law gives him certain powers and it is his meeting to run. He decides who speaks (and this includes residents) and for how long. Selectman Cumsky, pointed out that giving the “right” to non residents to speak at town meetings would require a by-law change and if that change is approved by the voters, would go to the attorney general who would rule on the legality of such a by-law.
Discussion ensued on ways to allow second homeowners to voice concerns and participate in matters which affect them as well as others. The Board stated that all meetings of town boards and committees are open meetings and anyone (residents and second homeowners) can attend and bring up issues to any of the boards and committees. Boards do not usually meet on weekends, but there are meetings throughout the week, during the day and at night. The board realizes that second homeowners are not always able to attend meetings when meetings are in progress and phone calls or e-mails to town officials were encouraged.
It was noted that the Board of Selectmen meets every Tuesday night from September until the end of June the following year at 7:00pm at Town Hall. During the months of July and August, the Board meets every other Tuesday at night. The Finance Committee meets as needed and during the budgeting process meets every Wednesday night at 7:00pm at Town Hall. Other boards and committees meet at regular or irregular intervals and those days and times are noted on the Town calendar in addition to being posted at Town Hall.
Nick Scruggs (?) from Mt. Washington Road suggested Friday night meetings, or perhaps Saturday meetings from time to time. The Board was amenable to looking into other times for some meetings so that second homeowners would be able to attend. In particular, the Board thought a Saturday morning meeting every 3 months, or meetings before a Town Meeting would be informative and valuable.
Nancy Chuan questioned the definition of resident. Selectman Cumsky said that one’s place of residence is where he or she votes.
John Ogilvie, resident, noted his dismay and disgust with town officials for not giving second homeowners who want to have a voice the “right” to speak at town meetings.
Chairman Turner recognized Tom Curnin, Shun Toll Road, who pushed the Select Board to confirm/reconfirm that second homeowners should have the “right” to speak at town meetings. He was adamant that each individual Select Board member state his personal position on the matter.
Chairman Turner stated that he had been attending town meetings since 1972 and in his view each town meeting is an individual event. At some town meetings, anyone could speak, always at the discretion of the moderator or the legislative body, if the question was turned over to them. Over the last few years the tenor of the town meetings has changed. There have been some very contentious and polarizing issues that the local residents have had to deal with and didn’t want the second homeowners to speak. Specifically noted was the “sewer meeting” which Chairman Turner personally considered a travesty. However, he believes that the law is correct. The town meeting is a legislative body at work. That the “right” to speak at town meetings is at the discretion of the Moderator or, should he pose the question to the legislative body, at their discretion.
Vice Chairman Haas noted that he has spoke often on this matter and his opinion is the same as it has always been. He is in favor of second homeowners having the “right” to speak at town meetings.
Selectman Cumsky believes that the law is correct. He believes that the town meeting is a legislative body at work. Speaking at the town meeting is at the discretion of the Moderator or, should he pose the question to the legislative body, at their discretion.
He suggested that second homeowners should lobby their neighbors, get to know them, and enlist them as allies. By lobbying their neighbors and getting to know them, when second homeowners wish to speak to an issue at town meeting they will have built in support.
Bev Almond, resident, suggested that since the Moderator is an integral part of the town meeting and his actions have ramifications for all, elect a new moderator. It was noted that finding someone to run is sometimes a challenge. If the issue of speaking at town meetings is at the “discretion” of the moderator, Tom Curnin suggested that the Select Board influence the moderator and the voters so that second homeowners may speak at town meetings.
Roz Liston-Newman suggested that the Select Board prepare an article for the Newsletter relating the discussions, etc of today’s meeting. The Newsletter may be had through e-mail, regular mail, hard copies at the Town Hall,and in North and South Egremont.
Tom Curnin noted that second homeowners in a vacation resort area in Delaware can vote on certain issues affecting them. They have no vote on school matters.
Chet Delaney, Lakeside Drive, agreed with influencing the Moderator as one way to effect change, and held up a teabag indicating another way to effect change.
Sarah Frame, Mt. Washington Road, spoke to the issue of technology or rather the lack of it in Egremont.
Charlie Flynn, Technology Committee, discussed infrastructure improvements and high speed internet. The Governor has signed a $40M bond bill which is intended as seed money to bring broadband service to rural areas. The Massachusetts Broadband Institute (overseeing the matter) will be comprised of experts and appointees whose charge is to put together Request for Information from potential vendors so that Requests for Proposals to build/construct a backbone can be sent out. The seed money will go to vendors who will bid on projects on a 50/50 cost share basis to build out the infrastructure. We will not see any meaningful change for at least 18 months.
Although DSL is old technology and will go away, there is currently DSL service in certain areas of North Egremont, Wi-Spring (wireless) service in portions of South Egremont which may be able to reach back to North Egremont. Satellite service is not recommended, although Selectman Cumsky noted that satellite does offer the ability to upload and download large amounts of information.
Mark Rosen, Shun Toll Road, asked about the materials to be used to bring broadband to individual houses. The lines will be fiber optic hybrids on main thoroughfares and, in more remote areas, copper or wireless to the house. Charlie Flynn noted that ten Berkshire towns had signed an agreement to create a regional broadband committee, which acting as a unified voter block will (1) lobby to get a seat on the Massachusetts Broadband Institute and (2) put additional pressure on the legislature to get our needs met.
Chairman Turner noted that in November, after voting for the members, the Southern Berkshire Regional School District (comprised of Sheffield, Egremont, Alford, Monterey and New Marlborough) will have elected committee members, as to appointed committee members. It is anticipated that having elected members will make the school committee less influenced by those boards which in the past appointed them.
Chairman Turner announced that Egremont had been approached about leasing a site on Town Hall property for the purpose of providing cell phone service. The date for the Town Meeting to vote on this proposal, among other business, is October 7, 2008.
“What was the spark for the August 9, 2008 meeting?”
Selectman Cumsky mentioned that when his home in Egremont was undergoing repairs, he lived in Monterey. Monterey has an annual town meeting for second homeowners. The meetings worked for Monterey’s second homeowners, who pay 70% of its real estate taxes and share many of the same frustrations and issues as Egremont’s second home owners. Having questions answered and issues addressed helped many second homeowners in Monterey feel listened to and heard. The purpose of this meeting was to give our second homeowners the opportunity to feel listened to and heard, and to hear that they are a valued part of our community.
Chairman Turner stated that he also values the input from the second homeowners in this community. With the number of capital projects being considered, and his awareness that second homeowners having the ability to speak at Town Meetings is a sensitive topic, the timing of this Select Board meeting was welcome.
The Select Board reiterated that phone calls, letters or e-mail are welcome. The Board work for everyone in this town, residents and second homeowners alike.
ADJOURNED: 11:54AM
Respectfully submitted,
Laura Allen, Acting Secretary