BOARD OF SELECTMEN
TUESDAY, APRIL 22, 2003
The regular meeting of the Board of Selectmen convened at 7:00 p.m. in the Conference Room at 110 Main Street. In attendance were Richard E. Guertin, James R. Manning and Kathleen C. Norbut. Also present were Town Counsel, the Town Administrator and the Media.
Mr. Manning made a motion to accept the meeting minutes of April 8, 2003 open and executive sessions. Ms. Norbut seconded and it was so VOTED.
A hearing commenced at 7:05 p.m. for pole petition #7763 – Cedar Swamp Road - for the installation of three new poles. Ms. Norbut read the petition into the record. There was no public comment or input. The Highway and Water/Sewer Departments had expressed no objection to the pole locations. Mr. Manning made a motion to approve the petition as presented. Ms. Norbut seconded and it was so VOTED.
John Drost, a P.C. in Springfield with Fitzgerald Attorneys at Law, Nicholas Giuggio, a shareholder and officer of Fat Cat Capital, Inc., and Christine Kellner, the new manager, approached the Board of Selectmen regarding a hearing on the application for transfer of the all alcoholic beverage license from Kertenis, Inc. d/b/a The Box Office to Fat Cat Capital, Inc. d/b/a Mustang Sally’s at 216 Main Street in Monson. Mustang Sally’s will be a restaurant and bar.
Mr. Drost said Mr. Giuggio has experience in the restaurant industry as his family is involved in the Fat Cat Bar & Grill in downtown Springfield and Mr. Giuggio has been operating the pizza shop in East Longmeadow for several years. Mr. Giuggio stated he hopes to have this place up and running by June 1st. The restaurant portion will be a family style restaurant, which will serve pizza and Italian food. The bar portion of the business is more of a neighborhood bar with a casual adult atmosphere rather than the younger, rowdy nightclub atmosphere. Mr. Giuggio stated he would also like to have some form of entertainment.
Ms. Kellner, has worked in the pizza shop in East Longmeadow and stated she would be at the new establishment, Mustang Sally’s, for 30 to 40 hours per week. Mr. Manning questioned if Ms. Kellner had taken the TIPS course. Ms. Kellner said she hasn’t attended any courses. She is currently running the restaurant portion of the pizza shop in East Longmeadow and is getting to know the procedures. Mr. Giuggio stated Ms. Kellner’s experience with the bar is not as extensive as his experience. Ms. Kellner has gotten the feel of it over the last three years and Mr. Giuggio said he would be working side by side with her until she is comfortable with that aspect of the business in Monson. Mr. Manning stated he would feel a little better if Ms. Kellner were to go through the TIPS training course. This would
give Ms. Kellner a broader background as to what to expect of the bartenders as well. Ms. Kellner agreed to attend a training course. It was explained that this has been the procedure in the past with other applicants.
Mr. Giuggio stated in the ten years at Fat Cats and the three years in East Longmeadow, he has never had any under-aged problems and that both establishments have clean records. There wasn’t anyone in the audience to speak in favor of or in opposition of this transfer.
Mr. Manning made a motion to approve this application as presented contingent upon Ms. Kellner attending the TIPS training course (when a class is available) and a successful CORI background check. Ms. Norbut seconded and it was so VOTED.
Carol Woodbury approached the Board of Selectmen for a discussion regarding an article the School Department would like to place on the warrant for the Annual Town Meeting. Ms. Neggers explained the article is to establish a revolving fund under Chapter 53 E 1/2. The School Department has submitted a proposal in which the receipts for the revolving fund would come from fees charged to students for the use of the schools transportation system. These funds would be expended on the cost of operating the School Department transportation system. Ms. Woodbury was here tonight to answer any questions the Board of Selectmen might have regarding this issue.
Ms. Woodbury said the School Committee hasn’t officially voted on whether or not the parents would be paying for the student’s transportation on the school buses. Under the currant law, the School Department is only allowed to charge for transportation of students in grades 7 and up, unless the Legislature does something under the current budget cycle that would revise that law to allow for some changes. Ms. Woodbury added this is driven by the fact that it doesn’t sound like the School Department will be receiving any state money for transportation. Ms. Woodbury explained school transportation is outside net school spending and it is up to the community to provide the transportation. This includes the insurance for the drivers, as well as everything else involved. Ms. Woodbury stated one reason the
school department went with school bus leasing instead of a contract was to try to save money. With leasing there is a little bit of savings up front, with bigger savings in the long run. Setting up a revolving fund would help to alleviate some of the stress and burden from the town in the event they are unable to get reimbursed from the state for transportation.
Ms. Neggers stated the revolving fund would be a supplemental appropriation in the event the town is unable to totally fund the appropriation as requested. This would be to offset it so the general fund wouldn’t have to pay out as much. Therefore, it would shift the burden from the general fund to the people who are using this service, which would be the parents of the students riding the buses in grades 7 to 12.
Ms. Woodbury said they have done some research on this with other communities who are providing this same service to see what the fees would be and to see just how it works as far as parents who would be driving students to school so, rather than pay the fee. The fee imposed would probably be $1.00 per day.
Ms. Neggers said tonight’s meeting is just to see if the Board of Selectmen would approve the placement of this article on the warrant for the Annual Town meeting. This would then be subject to the town’s approval at the Town meeting. Ms. Woodbury added this is just one avenue to help offset the budget crisis. Ms. Neggers said this is a true economic need and it is a condition of the times.
Ms. Norbut made a motion to approve the placement of this article on the warrant for the Annual Town meeting. Mr. Manning seconded and it was so VOTED.
A discussion took place regarding the possible postponement of the Annual Town Meeting. Mr. Guertin read a letter he received from Chris Carlin into the record, which stated the Finance Committee respectfully requests the Board of Selectmen’s consideration in the postponement of the Annual Town Meeting until at least June 2nd. The basis for this request is that at the last Finance Committee meeting held on the 14th of April, basic financial assumptions were discussed and a consensus was formed. That consensus consists of an additional $300,000.00 in budget cuts in anticipation of a 15% cut in local aid. All this, while the Finance committee has agreed to consider utilizing 90% of the towns’ free cash for the year. Mr. Guertin reiterated for the listening audience the presentation on
the budget he gave at the last Selectmen’s meeting. Ms. Neggers stated previous discussions regarding this topic, the Selectmen have maintained the position to not postpone the Town meeting unless there were clearly defined benefits in doing so. Also if there were anticipated cooperation from the finance Committee in maintaining the flexibility that is necessary given the constantly changing numbers we are given. The Finance Committee is asking for more time in order to do a most diligent and conscientious effort during this difficult situation. By postponing the Annual Town meeting, Mr. Guertin stated the School Committee would have another opportunity to reconsider their current position on their budget and have more time to get a better handle on their perspectives.
Ms. Neggers stated some of the articles on the warrant for the Special Town meeting, to be held within the Annual Town meeting, contain critical items which pertain to the current fiscal year. However, these departments are willing to wait. Mr. Morrell added that the AFSME Contract for any layoffs prior to July 1st needs a fourteen-day notice.
Mr. Manning made a motion to postpone and reschedule the Annual Town Meeting from May 12th to June 2, 2003. Ms. Norbut seconded and it was so VOTED.
John Morrell approached the Board of Selectmen for a discussion regarding his proposal to increase the driveway permit fees. Mr. Morrell stated driveway permits have to be issued according to town by-law for anyone making an entrance off of a public way and it must be regulated, watched, inspected and approved by someone and this is within his authority. Mr. Morrell stated each permit requires two inspections and most require multiple inspections. This only pertains to the portion of the driveway, which crosses town owned land such as tree belts. The current fee is $25.00 and he would like to increase this to $60.00 as this has not been increased since 1983, twenty years ago. Mr. Morrell receives 85% of this fee to compensate for his time and the remaining portion, $9.00 per permit, goes to the town for the clerical work
that is done by his secretary, the Selectmen’s Office and the Building Inspector. He has surveyed the surrounding towns and stated Palmer charges $100.00 and Mass. Highway charges $500.00. The towns of Warren, Hampden, Brimfield and Belchertown currently don’t charge for driveway inspections. Ms. Norbut’s concern was that this increase more than doubles the current fee and questioned if this was included in his job as Highway surveyor or separate. Mr. Morrell stated most of the driveway inspections are done on his own time, however if he is on town time he brings his cell phone with him and also has the two-way radio with him so he can be reached. Ms. Norbut said all of these fees tend to add up for the town residents.
A gentleman in the audience questioned if this only pertained to new driveways or if it also included old driveways. Mr. Morrell said all new driveways need a permit. Old driveways require a permit if the design of the driveway is changed in any way or if it is a cart road that is now going to be used as a driveway. If you are just going to pave an existing driveway, no permit is required.
Mr. Manning made a motion to increase driveway permit fees from $25.00 to $60.00 effective July 1, 2003. Ms. Norbut seconded and it was so VOTED.
The next item on the agenda was to review any new warrant articles for the Annual Town Meeting. The only other article to consider, other than the inclusion of the revolving fund for the school, was an article for the disposal of the Teen Center building by selling it. Mr. Guertin stated if times were better and the Teen Center were reinstated, he would not support this location as he feels this location has contributed to some of the issues the town had relative to the Teen Center. Mr. Guertin added, given the revenue crunch the town is in, the advantage of finding a buyer for the building would not only generate some funds coming into the town with the purchase of the property but would also generate some revenue for the taxes on the property. Ms. Norbut agreed and said this makes physical sense as she has had concerns
with the location. She would like to continue to work with all the people concerned with getting a Teen Center together and move it forward with getting into a location and having it supported financially in a way that is really viable.
Ms. Neggers stated if the Town meeting approves this, she has received a number of telephone calls regarding this property, as well as a hand delivered letter by an interested party. There is quite a competitive market out there right now for commercial property that if the town does vote to dispose of the property, under the procurement law, it would have to go out to a competitive bid process and therefore would go to the highest bidder.
Mr. Manning made a motion to add the article for the authorization to dispose of the Teen Center property and building to the warrant. Ms. Norbut seconded and it was so VOTED.
Mr. Manning made a motion to close the warrant for the Annual Town meeting. Ms. Norbut seconded and it was so VOTED.
The last item on the agenda was to review any new warrant articles for the Special Town Meeting. Ms. Neggers read the five articles for placement on the warrant as follows:
Trash Enterprise Transfer – To authorize money from the Solid Waste Enterprise Fund Free Cash to the Solid Waste Enterprise Fund Operating Account for the current fiscal year. The funds are to pay the balance for Bulky Day expenses.
Cemetery Expense Account to Salaries Account Transfer
Debt Expenditure Transfer – The breakdown between interest and principal was inaccurate when it was done at the Town meeting. A transfer is needed from the High School Construction Interest to the High School Construction Principal.
FY 03 Omnibus Reduction – this is a contingent article to reduce the FY 03 omnibus. This would be to hold on to the spending freezes that were enacted upon with the departments and the voluntary budget cuts.
(e) Forest Fires Salaries – Contingency; Ms. Neggers explained that the town notoriously runs short on the Forest Fire Salary at the end of the year. This article is not needed at this time and hopefully it will come to pass. This request is in case there are a lot of forest fires between now and the town meeting, with this in place, a transfer could be made at the Special Town meeting if it is needed.
Mr. Manning made a motion to accept these five articles and to close the warrant for the Special Town meeting. Ms. Norbut seconded and it was so VOTED.
In other business to come before the Board of Selectmen, Ms. Norbut reminded the towns residents that on May 3rd the Tourism Committee will be holding a Town Wide Clean-up in celebration of Earth Day. Anyone interested in helping out is invited to pick up gloves and bags at the gazebo in Dave Grieve Park that morning.
Mr. Guertin stated he urged people to become more involved with what is going on in regards to the budget and to make sure they attend the Town meeting. Mr. Guertin reminded everyone the Town meeting has been changed from May 12th to June 2nd. He feels it is imperative that as many town residents appear at this Town meeting as possible, given the fact that they will be dealing with many different recommendations regarding the budget and that it effects everyone.
Correspondence was read and completed.
At 8:20 p.m., Mr. Manning made a motion made a motion to adjourn the meeting from open session to go into executive session for the purpose of discussing pending litigation and collective bargaining, not to return to open session. Ms. Norbut seconded and it was so VOTED.
___________________________
Kathleen C. Norbut, Clerk
| 
