May 9, 2017

In Attendance: Robert S. Ciskowski, Carol A. Francesconi and Ed St. John IV  
Press: iBerkshires
Robert opened the meeting at 6:30PM and motioned to waive the reading of the minutes for May 2, 2017. All members had received the minutes previous to tonight's meeting; 2nd by Carol with a unanimous vote taken.

Resident, John Tremblay:
- Presented to the BOS a flyer that will be used to advertise the Summer Music Block Parties on Wednesday, July 12, 2017 and Wednesday, August 9, 2017. Where:  Town Hall Center.  Time:  6:00pm-8:00pm.  A request,  in writing, is forthcoming seeking the approval for using the cheese press logo for tee shirts/ prints and other fund raising means.   All proceeds will benefit the Cheshire Community Association (CCA).

- Notified the audience that all comments and questions will be addressed at the end of the open meeting.

Town Counsel, Ed St. John III
Robert: In an effort to better understand the recent events concerning the Adams-Cheshire Regional School Districts School Committee's decision to close the Cheshire Elementary School, the processes for addressing the two (2) recent citizens petitions, and the legal/proper procedures needed to go forward, the BOS requested guidance from Town Counsel.
-    Town Counsel reviewed the challenges faced with the two citizen’s petition and the use of free cash and the stabilization account for approximately $300k and noted that there are procedures that have to be followed with the Department of Education. He noted that the town is unable to transfer money in this manner and the agreement totally would have to be amended. Once the amendment is approved the district can change the budget to indicate an increase.  This action would need to go before both towns in a town meeting.  Should   the towns pass new budgets and the town meeting does not vote to use the reserves to fund, this could also lead into an override vote. St. John noted that the towns cannot tell the school committee which approach to take. Carol also questioned if the $300K is secured and given to the school district, can the money just be put into the operation of the district, and could the closing continue?  This has to be further investigated.

Outside Fundraising:   St. John reported that an outside fundraising effort is a tax exempt situation and  a 501
(c) (3) would needed to be in place. Resident, Mr. McLain, reported that the petition group is prepared to go forward with the paperwork and processes to become 501 (c) (3). It is imperative that the town follow the procedures so litigation does not follow.

- Suggested meeting with the individuals involved with the petitions to clarify what exactly is happening and why the BOS makes the decisions they do. Mr. McClain left the Advisory Board meeting and met with the BOS to go over the situation as it stands this evening.
- Would like to offer a “Baby Town Meeting” to explain the articles and any questions regarding the handling of the petitions and the State process for doing  so.
- Informational Meeting to review the articles for the upcoming Cheshire Annual Town meeting will take place on Monday, June 5, 2017 -  7pm @ the Cheshire Community Center.

Cheshire Highway Superintendent, Blair Crane:
- Busy week with a lot accomplished.
- Mowing.
- West Mountain Road is opened.
- Floating dock rescued.
- Worked on catch basin on Stafford Hill Road.
- Addressing repairs to the blown hydraulic line on  sweeper.

Town Administrator, Mark Webber:
- Reviewed and edited changes in articles for the upcoming June 12th Annual Town Meeting.
- Will be reviewing the process needed to change from three (3) to five (5) Selectmen.
- Plowing and caring for private roads.  Mark will be calling the attorney general for the correct
verbiage for the continuance of plowing private road for fire, and police access. Going further regarding the possibility of maintaining private roads is another issue. Mark will discuss 6c and 6n of the MGL with the Attorney General.
- Worked with the BoH regarding the removal of a resident for unsanitary conditions. Elder Services is involved.  It was necessary to condemn the house and the house needs to be cleaned.
- Placed in all mailboxes, at Cheshire Town Hall, a Memorandum for Recycled Procurement Policy.
- Mark will address changes made to  the articles on the Warrant.
- Completing  MIIA application for insuring the Cheshire Elementary School.
- Reported that co sponsorship was approved by an aide to Adam Hinds. He will send a similar letter that Gailanne Cariddi wrote in support of receiving monies from the State which would go the general fund of the district
- The Bid for Emergency Water Repairs is due back May 30, 2017 by 7PM. The advertisement will be in The Eagle next week.
- Spoke to Eammon Coughlin and Tom from BRPC regarding amendments to Zoning Bylaws.
- Physics instructor requested the use of Cheshire Lake for a Recycle Regatta. All boats will be made out of recyclables.   Answer tabled until Mark has the school secure insurance coverage.
- Under advisement; monthly elevator  inspections.

Cheshire Planning Board Chairman, Donna Defino:

- After a discussion with Mark and the BOS, the request to have a Moratorium on Marijuana Dispensaries, Donna announced that it will be put on HOLD. Due to the need of two hearings and the timeframe allowed, there is no time to complete everything appropriately for this year’s town meeting.

Chief of Police, Tim Garner:    Weekly Report Submitted.
- Reported three tractor trailers were seen using Henry Wood Road. BOS suggested posting a sign to deter trucks from using the road.

- School Reuse Committee on hold pending lease.
- Noted the need for an additional member to the Cheshire Advisory Board. Town Clerk, Christine Emerson:   No issues or concerns.
- Reported that the Library section of rebuilding the gutters would cost approximately $20K-$40K. To do all gutters; estimates are needed.  Grants would be needed to correct the problem.

Mail  and Correspondence:
- Race Amity Day Proclamation date set for June 11,  2017.

Audience Question:   Peter Traub
- Can the town legally maintain private roads? The answer will be coming from the Attorney General.

Carole H.:
- Called Attorney Grandchamp to follow up on Clairmont fence viewing issue.

With all business final, Robert motioned to close the meeting at 8:45pm; seconded by Carol with a unanimous vote taken.

Respectfully Submitted,

Carole A. Hilderbrand, Board of Selectmen’s Secretary

Robert S. Ciskowski, Chairman
Carol A. Francesconi, Clerk
Ed St. John IV, Superintendent of Buildings and Grounds