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Clarksburg OK's Budget Articles, Pulls Litter Bylaw

By Tammy DanielsiBerkshires Staff
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Clarksburg voters approved 17 articles at Wednesday night's annual town meeting. Left, Selectman Carl McKinney answers a question.
CLARKSBURG, Mass. — Tempers flared at the annual town meeting on Wednesday night as voters debated whether to raise their property taxes so town employees wouldn't have to take unpaid furloughs.

In the end, all the articles passed as written with the exception of a littering bylaw that the Selectmen motioned to take no action on because of the many questions raised about it. Nearly 100 voters participated, a far cry from the dozen or so who showed up last year.

The town approved a town budget of $917,655.50, a school budget of $2,410,245 and a McCann Technical School assessment $160,652 for fiscal 2010.

The tight town budget included reductions in every department, cut town officials' stipends in half and set two weeks of unpaid days for the 11 full-time town workers. They would be able to file for unemployment for the second week.

"Everybody's got a two-week furlough with no pay," said Selectmen Chairwoman Debra LeFave. "Every office in the town of Clarksburg, every full-time employee is taking a cut — everybody, across the board."

"We have no money. The alternative was to lay people off," she continued. "Unless we want to go broke."

But several voters objected to the furloughs, saying it wasn't fair to the hard-working employees.

"You're dealing with people's lives," said Arthur Lemaire. "You do have people in town who are doing excellent jobs ... you can see from the budget they're not getting paid a lot."

Selectman Carl McKinney said town meeting had the right to make any changes but that replacing the estimated $20,000 would mean raising the tax rate. Town Manager Michael Canales said restoring the cuts would add about $30 or so to the average tax bill.

Even with cuts, the average taxpayer will see his or her payments rise $130 for the coming year; with the restored furlough cuts it would be closer to $160.

Some voters questioned why school employees weren't also subject to reductions; others why teachers' salaries were no longer published in the town report.

School Committee Chairman David Berger said the school district has contract obligations but may begin talks for concessions. The School Committee did spend a lot of time finding savings, he said, adding he was not aware that the school district published the salaries but that that information is readily available at Town Hall.



Above, School Committee Chairman David Berger talks to voters. Right, Selectmen Chairwoman Debra LeFave.
"We did cut quite a bit from our budget. We cut five teachers, their positions have been cut and they may not be back next year," said Principal Karen Gallese. "All the sports activities have been cut. We have School Committee meetings and nobody comes. That's when we discuss our budget."

Schoolteachers received a 3 percent raise according to their contract. Superintendent Jonathon Lev, in response to a question, said the teachers were aware that taking the raise would cost colleagues their jobs.

Robert Norcross said he didn't want to pit town workers against school employees but education always seemed to be a sacred cow and "that's not fair to the town ... we got to all suffer together."


McKinney warned that the state's worsening financial condition could mean the board could be back in July asking to cut the budget again. "We don't know where the numbers are going to fall. Ultimately, it's your town — if you want to vote it in and raise your taxes it's your right."

While some voters suggested raising the tax rate to restore the funding, Robert Bona protested vehemently, saying his son and other residents around him had lost their jobs and asking them to pay extra so others wouldn't lose out wasn't fair.

An attempt to amend the town budget to restore the funding never made it to a vote when Bona moved to amend it again to vote it as written. It took several minutes of confusion before Moderator Bryan Tanner said the vote had to be taken on Bona's amendment, which essentially restored the article to its original version.

That amendment passed 42-14, passing the budget as it stood. A few minutes later, the discussion continued over an article to authorize $30,000 in free cash to reduce the tax rate. Again, voters were told that using those funds to prevent furloughs would also raise the tax rate.

Cate Chesbro said she, too, had had her hours and wages reduced at Crane & Co. and seen 70 of her co-workers laid off. Asking town employees to take a week off with no pay, she said, "I don't think that's asking a real lot."


Town Clerk Carol Jammalo, left, swears in new town Treasurer Christa Marsh.
Voters also approved a ballot article for next year's election that would change the town clerk, treasurer and tax collector from elected to appointed positions. The issue arose after the numerous delinquent sewer payments forced the town to place $30,000 in the sewer fund, costing all of the town's taxpayers.

Mary Giron, who placed the petition on the warrant, said it wasn't targeted at any individual but rather over concerns that anyone serving in those positions be answerable to someone.

Making the jobs appointed would mean their holders would have to be interviewed, qualified and abide by a job description and set hours. "If they don't, you can fire them." Her explanation was greeted with applause and it passed without a single "no" vote.

The litter bylaw was picked apart by voters who wondered if they were going to be ticketed for having backyard fires. The language, taken from a North Adams ordinance, needed to be reworked, admitted LeFave.

"We're going to vote it down and rework it," she said. "We'll try again next year.

In other action, voters:

■ Authorized the Selectmen to pursue a Small-Town Road Assistance Program in the sum of $350,000 to be matched by $150,000 in town funds to be taken over 10 years from cherry sheet funds.

■ Approved a zoning change on town land off Cross Road to allow the construction of affordable housing for senior citizens near the Senior Center.

■ Approved raising the sewer operations budget from $17,500 to $27,500 to allow $10,000 to be set aside toward repayment of $30,000 the town was forced to lend to the sewer enterprise fund.

Berger introduced Lev, the North Berkshire School Union's new superintendent, to town meeting. Lev's former position as special education director was filled by Deb Rosselli of Clarksburg two months ago. Rosselli had most recently worked in the North Adams School System.
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State Officials Urge Fire Safety During Open Burning Season

STOW, Mass. — After an unprecedented fall fire season in Massachusetts and as wildfires rage in California, state officials are urging residents to protect themselves and their communities by following local and state restrictions on open burning.

State Fire Marshal Jon M. Davine, Department of Environmental Protection Commissioner Bonnie Heiple, and Chief Fire Warden David Celino of the Department of Conservation & Recreation said restrictions on open burning are imposed at the state and local levels.

"Open burning season begins January 15 in communities where it’s allowed," said State Fire Marshal Davine. "Even where burning is authorized, a permit from your local fire department is always required in advance and it’s your responsibility to be able to extinguish the fire on a moment’s notice. For two years in a row, Massachusetts residents have lost their lives when they couldn’t contain their fires – please make safety your priority when burning."

"Open burning is limited to protect public health and public safety," said MassDEP Commissioner Heiple. "The governing laws and regulations are in place to reduce air pollution, property damage, and personal injury. If open burning is allowed in your community, please follow the local and state guidance to keep yourself, your neighbors, and our environment safe."

"This fall, residents across Massachusetts saw just how quickly outdoor fires can grow out of control," said Chief Fire Warden Celino. "Right now, California is facing an even worse crisis with devastating fires consuming entire neighborhoods. Please don’t risk a fire that puts you, your home, or your community at risk. Burn only approved materials and always get a permit from your local fire department first."

These restrictions are authorized by 310 CMR 7.07, which sets baseline requirements based on air quality and allows for "no burn" days; MGL chapter 48, section 13, which prohibits any open air fire unless a permit is issued; and the Massachusetts Comprehensive Fire Safety Code, which gives local fire chiefs the authority to impose additional limits.

Open burning is prohibited year-round in the cities and towns of Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Chicopee, Everett, Fall River, Holyoke, Lawrence, Lowell, Malden, Medford, New Bedford, Newton, Somerville, Springfield, Waltham, Watertown, West Springfield, and Worcester.

In the remaining communities, open burning season runs from Jan. 15 through May 1 with the following limitations. Local fire departments may deny a permit or set additional limitations if circumstances make open burning hazardous.

Only certain agricultural waste may be burned. This includes brush, cane, driftwood, residential forestry debris, fruit tree and bush prunings, raspberry stalks, infected bee hives, trees and brush from agricultural land clearing, and fungus-infected elm wood if no other acceptable means of disposal is available. It is unlawful to burn leaves, grass, hay, stumps, tires, household trash, construction materials, demolition debris, or brush, trees, cane, or driftwood from commercial or industrial land clearing.

Open burning may only be conducted:

  • With a permit issued in advance by the local fire department;
  • Between 10:00 am and 4:00 pm;
  • At least 75 feet from all dwellings and without causing a nuisance;
  • As close as possible to the source of material being burned; and
  • When it will not cause or contribute to a condition of air pollution.

Persons who burn unlawfully or allow a fire to grow out of control could be held liable for firefighting costs or face fines or even jail time.

Open Burning Safety

  • An adult should tend to the fire at all times and keep tools to extinguish it close by.
  • Burn small amounts at a time.
  • Never use gasoline, kerosene, or other accelerants to start the fire.
  • Don't wait for the fire department to tell you that it has become unsafe to burn: put the fire out if winds pick up or the weather changes. Most fires get out of control during sudden wind changes.
  • If the fire gets out of control, call the local fire department right away.
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