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BOARD OF SELECTMEN TOWN OF CONWAY, MA MINUTES April 21, 2009

Meeting Open: 7:30 Present: Maureen Chase, Jack Lochhead, Chuck Trombley, Tom Spiro Absent: Also Present: Appointments 7:30 Don and Cindy Rowel ­ mediation of driveway issue The Selectboard invited the Rowels and Mr. David Balkema in to discuss a letter of complaint Mr. Balkema sent to the Selectboard. Mr. Balkema and the Rowels were both invited but Mr. Balkema did not attend. The Rowels came in even though their appointment had been canceled until a mutually agreeable meeting date for both parties could become available. The Rowels stated that maintenance of a shared access road was the issue and that Mr. Balkema was not meeting the original agreement. The agreement was made when Mr. Balkema decided to open his business and would be using that access road. The Rowel's said they were not required to maintain the entire road and Mr. Balkema made no effort to maintain his portion of the road as agreed at the time the business was started. Mr. Balkema's letter complained in his letter of complaint that his part of the driveway was blocked by snow and ice, which prevented him from doing business or getting firewood. The Board made the decision that this was a civil matter and should be dealt with privately. They also took the matter under advisement and will look into the original agreement between the Balkema's business and the Town for reference purposes in the event the issue is brought to the Board once more. 8:00 Randall Williams, Christopher Herrmann ­ Ambulance Department It was noted that Diane O'Connell had submitted her resignation, effective June 30, 2009. and the Board was accepting the resignation. Randy stated Diane had made him her assistant as part of a plan that he would replace her as Director when she decided to retire. Randy also stated Diane had not trained him as originally promised. Maureen suggested that the Board officially create an assistant's position with a stipend because that position had never been approved by the Board. She stated she felt it would be advisable to have someone, well trained, to be able to take over at any time. The Board will start the process of finding a suitable replacement and in the meantime Randy will be trained by Diane. Tom was asked to compose a letter to Diane to thank her for a job well done and requesting she start training Randy as soon as possible. Chris Herrmann was asked if he would consider possibly becoming an assistant Ambulance director. It was agreed that all EMTs should feel free to apply for either job. Tom will compose a letter to the EMT Association asking for anyone th interested in the positions to please apply by May 15 . Jack stated the position had been paid half time with full health coverage. He noted that using a different billing service would reduce work hours and therefore the position should revert to its official "volunteer with stipend" position. Maureen stated that this was always a "volunteered" position and therefore no definite hours should apply and no benefits should be applicable. She also noted that the new AmbuPro computer program would allow an outside billing service to directly perform billing. She also asked that a pay slip be designed with patient privacy in mind. There was some discussion regarding which pay service to hire and Randy was given two proposals to review. Randy will come back to the Board with his recommendations on which system looked the best. It was agreed that once a new director was appointed, the Board, new director and assistant director should review budgets and existing paperwork. Diane will be asked to return all items in her house to the town office. An office for the new Ambulance Director will be established in one of the town office buildings with HIPPA compliance in mind. Jack wanted to know if the Health Fair was still scheduled and Randy confirmed that is was.

BOARD OF SELECTMEN TOWN OF CONWAY, MA MINUTES April 21, 2009

Chris Herrmann said that Jennifer Jackman was the new EMT Association President and Bob Benson was now Treasurer. Randy noted that the Association funds may be used for things like scholarships and other programs to benefit the public as well as supporting the EMT activities. Randy noted that there was a potential law suit pertaining to the Ambulance. This is because of a call-back for Ford F-150 trucks. He said that Mike O'Connell was responsible for Ambulance maintenance but due to his resigning from the EMT Association and Ambulance service someone else would need to be responsible. Maureen stated that the Capital Improvement Committee would be addressing the Ambulance maintenance and replacement programs as part of their overall reviews and recommendations in the future.

meeting items meeting minutes for 4/13/09 were approved. warrants were signed. Chuck Trombley was brought up to speed on issues periodically during the evening. Donnie Rowel noted that he never contacted anyone on the Selectboard regarding anyone's performance on the Highway Department, and in particular, Christina Conklin's claim that he had called her regarding complaints about Adam Baker. Jack noted that there were weeds that could be controlled by spraying of herbicides. The Town needed an $88.00 insurance policy that would allow Town employees to do this work. Jack wanted a Highway Department employee or Fire Department employee to apply for a permit and do this work. Jack also said that a CPA project was proposed to remove Japanese Stilt Grass from locations around Town as part of an invasive species program of the Audubon Society. The rest of the Board decided that he should move forward with plans to include spraying for this purpose as well. Bob will be asked to license some of his staff to run the over-the-fence mower for this season. The Board discussed Town Council's recommendations with regard to formal questions raised concerning the Ambulance Department's accounting practices. The Board decided to move forward with Town Council's recommendations that an audit was necessary to answer the questions raised. They chose the Audit firm of Melanson, Heath & Co. to do the work. Maureen will call Council with this decision. The Board decided that Maureen would be the new Selectboard Chair starting at the next meeting, and that Chuck would be the Clerk. Chuck asked to change the start of Selectboard meetings from 7:30PM to 7:00PM. The Board voted for approval of this request. There was discussion about side discussions and distractions during Selectboard meetings. It was decided that there would be a concerted effort to be more focused and to speak in one voice at one time. Jack suggested that the public should be given more information concerning issues being discussed at Board meetings. He suggested that there be alternative public meetings to further this goal. These meetings would be more informal and make people feel as though they were brought into the process. A letter from the Retirement Board highlighted the fact that Bob may retire sooner rather than later. There was a discussion regarding the hiring of a new foreman and the need to terminate Rick Sumner. Tom will call MEGA to get an update on Rick's case. Chuck volunteered to work as the Board's liaison to the Highway Department and Jack noted that he would abdicate his ties to the Garage Committee if Chuck was interested in taking that job as well. Chuck will think about that offer. Jack and Maureen explained the Bardwells Ferry Road washout to Chuck and noted that it was potentially a dangerous situation with the possibility that services could be lost to those living beyond the endangered roadway if it washed out completely. The Board voted to allow the Historical Society to hold a tag sale on July 18th at the Pumpkin Hollow common if there were no scheduling conflicts with anyone who may use the common, and if they coordinated with Ken regarding traffic control.

BOARD OF SELECTMEN TOWN OF CONWAY, MA MINUTES April 21, 2009

The Board was opposed to Verizon's request to the State to alter its reporting mandate. Tom will research the best way to register this position for the best affect. The State budget was discussed and Jack said that the best way to control overages was to use free cash via an article for Town Meeting should the need arise. Jack sat as a private citizen and spoke of his desire to establish a path on Town Field, as part of a larger pedestrian access route alongside Shelburne Falls Road. He described that it would run along the Rose Field. The rest of the Board gave him permission to look into this possibility. Emily Stockman was granted Special Municipal Employee status to work as consultant for the Conservation Commission. Jack noted that Judy Siciliano presented a request from two families in need of financial assistance. She wanted to know if the Board would approve use of the Germain trust funds but in an anonymous context. Jack felt that this was not possible due to the Open Meeting Law. Maureen asked if this could be done with an anonymous application. Chuck asked if Judy's real incentive was for these families, or for the school's enrollment numbers. It was decided that Jack will call Town Council to get his advice. Jack suggested that the Selectboard meetings be tape recorded. Maureen agreed that recording meetings would allow exact recall of discussions etc. Chuck said that it was possible that equipment for broadcasts might be at little or no cost at all, and asked Tom to research this. Jack mentioned that there should be backup personnel for the Town Clerk and Treasurer. Ginny should be asked about her willingness to go over her duties and responsibilities. Maureen stated that the Treasurer had and was writing procedures for her position and the Town Clerk should consider doing the same. Tom was given permission to take time off for two weeks in May as long as he made sure coverage of phones etc were available. He agreed and said it would only be Tuesdays, Wednesday, and Thursday of each of those weeks. He said he would cover the Board meetings himself. Approval was given to hold another annual `All Committees' meeting in September. Jack talked about the Open Space Committee's recommendation to complete the Open Space Plan. He said he wrote back to Tony Borton, who originally wrote the request for the committee, and said that he felt that there would be no need to update the plan until the Town was ready to apply for grant monies. He did add that the Committee was moving in a good direction and doing good work. The Board did not approve the completion of the Open Space Plan due to the above, and due to the expense. There was a discussion about whether or not to replace the accountant and auditor. It was agreed that the Auditor should be replaced. Maureen gave Chuck background on Chris Martin, the Town Accountant. It was agreed that Chris would be asked to attend a meeting in June to discuss his increased willingness to communicate with Town staff other than just Liz. Mail and Other Items other mail items as per agenda 10:15 PM Motion to adjourn by Maureen, 2nd by Chuck, all in favor.

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