MONSON BOARD OF SELECTMEN
TUESDAY, MARCH 25, 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 Edward S. Harrison, Richard E. Guertin and James R. Manning. Also present were the Town Administrator and the Media. Town Counsel was not present.
Mr. Guertin made two changes in the meeting minutes of March 11, 2003 Open Session. On the first page, next to the last paragraph it should have stated there is a $500.00 limit in the amount of the funds that would be matched by the town to the funds raised by Eliza Squier. The second change was on page two, next to the last paragraph to the word implacable as this was the wrong usage for this word. Mr. Guertin made a motion to accept the meeting minutes of February 25, 2003 Executive Session and March 11, 2003 Open and Executive Sessions as amended. Mr. Manning seconded and it was so VOTED.
A hearing commenced at 7:05 p.m. for pole petition #7746 – Cote Road – for the relocation of one pole. Mr. Manning 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 location. Mr. Guertin made a motion to approve the petition as presented. Mr. Manning seconded and it was so VOTED.
Mr. Harrison read a letter into the record from Chief McKenzie to the Board of Selectmen respectfully requesting the appointment of John R. Disley of Monson as Animal Control Officer. Chief McKenzie stated in his letter that after receiving several resumes and speaking with candidates, Mr. Disley appeared to be the best person for this position. Included with Chief McKenzie’s letter, for review by the Board of Selectmen, was a copy of Mr. Disley’s driving history, Board of Probation report and Occupational Health/Medical Qualification form. Mr. Guertin made a motion to appoint John Disley to the position of Animal control Officer effective immediately through June 30, 2003. Mr. Manning seconded and it was so VOTED.
Scott Fletcher approached the Board of Selectmen to discuss a proposed annual “Community Fair”. Mr. Fletcher stated he has been involved with the Boy Scouts for many years and has been an Assistant Scoutmaster for four years. For nine years, he has been actively involved with all of the different community service projects that the Troop has participated in. Mr. Fletcher stated over the years of service and participation he has come to one strong conclusion, that there is a lot more the Scouts and other volunteer organizations could do to benefit the community and that you don’t see the various groups as prevalent as you should. Mr. Fletcher thought this idea would be a wonderful opportunity for the town to hold a regular or annual fair. It would allow people to come together with different non-profit
organizations and to run different operations, such as a can and bottle drive, food drive, car washes to raise money for charities, etc. Basically, at the end of it the community as a whole would benefit from either the cans of food going to our local food pantry, clothes going to the Salvation Army, etc. Mr. Fletcher stated he hopes this will become an annual event where he could start bringing in other informative activities such as a speaker on nutritional guidelines for the average person. By doing this, people would have a better understanding of the right types of food to eat. Blood pressure screenings for free so people would understand the health benefits of regular exercise, etc. This type of open forum would have booths set up for people to come in to browse and enjoy the opportunities. Mr. Fletcher said he also thought this would be a good time for people to come with their bicycles for a bicycle registration. The registration would make it easier to identify bicycles if
they were stolen. He also felt this would be a good opportunity to do child identification kits. Mr. Fletcher said by holding this event yearly, people could plan ahead on attending.
Mr. Guertin said Mr. Fletcher’s letter mentioned holding functions in Dave Grieve Park as well as the Town Office Parking lot and questioned the effectiveness with such a distance between them. Mr. Fletcher said he wanted to try to hold this at least once this year and the spring is the only option he had as far as planning is concerned. He wanted to start small by holding a car wash in the Town Office parking lot, which is why he is requesting permission for its use. The can and bottle drive would be held in the Dave Grieve Park where they have been held in the past. Mr. Fletcher said his cousin owns one of the dance studios in town on Main Street and will allow him to use her studio for a blood drive. He thought these three areas would be used for the events this year and if this becomes a regular event, perhaps
next year he could add another area.
Mr. Guertin asked Mr. Fletcher, in terms of putting this event together, was he thinking of contacting the various volunteer organizations in town asking them if they would like to set up something? Mr. Fletcher said he envisioned different organizations coming in and hosting a section of this. His cousin’s dance team is looking for ways to give back to the community as they have collected funds from the community to cover costs of dance competitions. They were thinking this was a perfect opportunity to use their area to hold a blood drive while having the dance team hosting it. Mr. Fletcher said he has spoken with the other representatives of troops in town and they are willing to help out with the bottle drives and so on. Mr. Fletcher is hoping to get in contact with the Girl Scout Troops in town to see if maybe
they would like to help out with the can and bottle drive, the car wash or something of that nature.
Mr. Harrison said the scope of this could be quite substantial, as Mr. Fletcher wrote in his letter to the Board of Selectmen that he would like to hold walk-a-thons, health education, blood pressure screenings, talent contests for charity, etc. Mr. Harrison said he feels the larger this gets, the more organized it would become. Mr. Fletcher stated if the events are held separately, people tend to miss them. However, if the events are all done at once on a regular basis, it is more convenient and you are more likely to get people to participate.
Kathleen Norbut, who was in the audience, said she spoke with Dr. Richard Smith, the Chairman of the Board of Health, and he stated the Board of Health would like to hold a Health Fair. The Board of Health has been holding Health Fairs for the community, at the Senior Center, on a yearly basis. They are also planning on dong this in the spring but are thinking of pushing this back to October. Ms. Norbut stated the Board of Health is a group that has had experience with this and felt that maybe Mr. Fletcher could work this in with them. Ms. Norbut also said the Teen Festival is going to be held on May 3rd and sites are still available at the library if he wanted to tie everything in together. Ms. Norbut said the Community Relations Committee would be holding their next meeting on a week from Thursday, April
3rd, and suggested this would be another option for ideas as well.
Mr. Harrison suggested Mr. Fletcher might want to contact Jenny Hill from the Red Cross to coordinate the timing of the blood drive as they do them in town and you don’t want to mess up their schedule.
Mr. Guertin said he thought this was a great idea. He feels the coordination with the other groups and the timing is important, as some groups in town hold blood drives right along on a regular schedule.
Mr. Manning suggested letting Mr. Fletcher run with this idea to see what the logistics’ of the whole thing are and to come back with specific plans.
The Board of Selectmen didn’t see any problem with the date, but if it were to be a big extravaganza Mr. Fletcher would need to coordinate with the police. Mr. Fletcher said he wanted to start off small.
Mr. Guertin made a motion to give tentative approval to Mr. Fletcher’s request to hold a Community Fair subject to Mr. Fletcher coming back in and reassuring the Board of Selectmen that it is coordinated and everything is set. Mr. Manning seconded and it was so VOTED.
The next item on the agenda was Country Café, inc. d/b/a Hoagie Heaven regarding an entertainment license application hearing. Mr. Guertin made a motion to table the request for Country Café’s entertainment license until the next Board of Selectmen’s scheduled meeting. Mr. Manning seconded and it was so VOTED.
Raymond Beaudion, Jean Bailey and Reed Coles approached the Board of Selectmen regarding the Monson Tourism Committee’s request for final sign approval. Ms. Bailey said a location for the placement of the marquee must now be decided upon. Today three tentative locations were marked by dig safe in the front of the Town Office Building. One location is to the south end of the building where the present marquee is. The second location is just to the right of the center of the building due to a tree. The third location is to the north end of the building and just to the right of the park bench.
Mr. Harrison reiterated for the listening audience that the Monson Tourism Committee has been raising funds and seeking donations to put up a marquee which will contain not only tourism information for the Town of Monson, but also contain postings of public notices, up-coming meetings, etc. The Tourism Committee has raised $15,000.00 and come up with a design for a brick and mortar sign. They are now trying to find where on the property to place the marquee.
Mr. Beaudoin stated he would like to place the new sign where the current sign is located as this location would not interfere with the cable television or electric lines, which run into the building from the street. Mr. Beaudion said he feels if the sign were placed near the north corner by State Street, that this would cause viewing problems for people turning onto State Street. Also, people are accustomed to its present location.
Mr. Coles stated looking from the building toward the street; the nicer views are from the front of the building toward the north. From the south, you start getting more of a commercial view. By placing the sign where the original sign is, it will help to block some of those views from the Town Office Building.
Mr. Manning made a motion to approve the location on the southerly end where the present sign is today. Mr. Guertin seconded and it was so VOTED.
The following members of M-PACT, Bruce Hendriques, the General Manager, Bert Freedman, a member of the Board and Mark Bogacz, President of the Board for M-PACT approached the Board of Selectmen for a discussion regarding revenue allocations. In the audience were Board member Peter Ross, Treasurer Tom Arventos, past President Frank Riel and Norma St. John.
Mr. Freedman stated they were here tonight to discuss the current contract with the cable company. To give a little history, Mr. Freedman stated he did a little research going back several years. As far as he could tell, since the beginning of M-PACT, the franchise fee, which is a percentage of the total revenue that comes into the cable company, has always been 5%. The contract was negotiated in August of 2000. Mr. Freedman said it was his understanding that there was talk that year that there was going to be a substantial amount of money coming back to the cable station because of high speed data revenue that would be forthcoming. Mr. Harrison added as well as telephone services and any other revenues that were derived from the use of the cable plan. Mr. Freedman continued that because this amount of money was such a
high figure at that time the Board of Selectmen and M-PACT agreed they felt this would be a windfall and they could share this with M-PACT, the cable station and the town. The percentage was changed from 5% to 4%. Mr. Freedman stated the 1% doesn’t sound like much, but in actuality, if the franchise fee was 5% of the revenue and you go to 4% of the revenue, that is 1/5 less or a 20% decrease. Mr. Freedman said unfortunately, external events interfered with this program. On or about March of 2002, the revenues ceased because of the previous court decision, which effected not only Monson, but also cable stations all over the country. In this binding decision the court stated those monies could not come back to be a part of the percentage. M-PACT was here tonight because this has had a very negative impact on their budget. Mr. Hendriques handed the Board of Selectmen a spreadsheet showing the figures and explained this to the Selectmen. Mr. Hendriques stated in Monson
there has always been a 40/60 split in revenue that M-PACT has received from the cable services due to the population. The more subscribers, the larger the share and the more money received. When it gets to 2003, it is now ½ instead of 40%. This is due to the high-speed data. Mr. Guertin asked what funds Mr. Freedman was referring to when he stated they are no longer receiving them. Mr. Hendriques said through the cable contract, they are no longer paying for high-speed data. They are no longer giving the 5% commission to the town on high-speed data revenues. Mr. Hendriques explained $12,000.00 was all AT & T Broadband ever paid for high-speed data. He said the point he is trying to make with the spreadsheet he presented is that the town received $37,000.00 in their account. When this was all started, it was because of revenues that were going to be generated by high speed data, but in fact the revenues generated by high speed data totaled only $12,000.00, which left a
shortfall of $24,907.00. This is the 1% the town is taking that wasn’t paid for by high-speed data. It was paid by general services.
Mr. Guertin asked if what Mr. Hendriques was saying is when an agreement was reached and Monson was going to get the 1%, it was based on the premise M-PACT was going to get the high speed data fees. Mr. Hendriques stated yes. Mr. Guertin said is their contention now that because the high-speed data fees were ceased and Monson still received the 1% that didn’t come from high-speed data it came instead from something else. Mr. Hendriques said yes. This is the point they are trying to make.
Mr. Harrison said the intent was M-PACT would get 4% of the total and Monson would get 1% of the total and that the high speed or additional services would offset the 1% that they lost. Mr. Harrison said the town has the right to adjust this in the future if it turned out we are giving M-PACT for example $100,000.00 a year instead of $50,000.00 and the Board of Selectmen thought that was too much money. Prior to this 1% Monson wasn’t getting anything. This is an outside source of revenue. Mr. Guertin asked if the town were to undo this, would this only affect the cost to the technology account? Mr. Harrison said that is correct, from this particular source. Mr. Harrison explained when the contract was established, the town knew they were going to have to implement technology in the town offices, which was done
with the net working of the building. They also knew there were going to be maintenance fees and what not and they thought this would be a good opportunity, given the fact they expected revenues to increase, to tap this as a source for that without impacting tax payers of the town from appropriating revenues at the Annual Town Meeting.
Mr. Freedman said if the 1% was given back to M-PACT the burden of town technology goes on as it should be, to everybody in the town. In the situation now, the subscribers are actually paying for the technology for the whole town. Ms. Neggers said the Water/Sewer Department pays for the water/sewer used by the school. Mr. Freedman said he felt this was like double taxation.
Mr. Harrison said if you go back to the chart and look over the franchise fees for the previous years from the previous contract, they started out in 1992 with $20,000.00 working their way up in a nice even progression to 1999 to $37,000.00 a year. In the year 2000, which was the first year of the new contract starting in August, their franchise fees jumped to $55,000.00 and it has been over $50,000 for the last four years. Ms. Neggers said the total revenue in those years has gone up significantly about a 50% increase from 1999 to 2000.
Mr. Guertin asked in the year 2003, what was their estimate of what the 1% was worth dollar and cent wise? They said about $12,000.00. Mr. Guertin stated $12,000.00 to the town’s technology fund is a lot. Mr. Freedman said the cost of equipment, maintenance, electricity etc. goes up every year. Mr. Freedman also stated traditionally and historically, they had that extra cushion and had that taken away from them. They said that procedure was negotiated on a basis of something that is no longer there. Mr. Harrison said everyone is suffering budget wise and looking at more decreases in revenues.
Mr. Bogacz said they just wanted to make everyone aware of the situation and if down the road the budget changes, to keep them in mind. They are trying to expand their facilities and trying to offer a lot more along with up grading and things like that and they want to make sure they can support this. They have purchased new property and tried to project their figures on an increase like they had, now all of a sudden 40% of their funding went flat. Mr. Harrison said his understanding was that their supporting the new facility was delegated upon the gerundial of excess office space that they have at their present facility and that they were anticipating bringing on other towns and generating other commercial sources of revenue from expanding capabilities that they have at that site, given that and the fact they have
100% of their revenues early this year.
Mr. Freedman said in all respect, the station has gone to great lengths to increase the revenue that comes in in terms of underwriting fees of $6,000.00, etc., and all of these figures have gone up in terms of the station going out and getting tape duplication fees. If you look at this historically, there has never been any amount of money coming into the station except for the last few years under Mr. Hendriques. The station is doing everything it can and even ½%, which would be $6,000.00, would be significant to them. Mr. Harrison said the contract has already been done for this year for the technology maintenance and web site, based on that $12,000.00. Mr. Hendriques said they are looking at the future. In 2004, they will be getting a check for the next year’s revenue, if they don’t start paying
quarterly again. They haven’t said if they are or not, they just said they aren’t going to see any more money for a year. M-PACT was here tonight to see if something could be negotiated. Mr. Harrison said going back four years ago they were getting $37,000.00 and now they are getting 50% due to a bump in 2000.Mr. Harrison said a part of the town’s contract was also for $60,000.00 in capital expenditures beginning not over the life of the contract, just a one shot deal that they received up front. Mr. Bogacz said it comes in the first four years of the ten-year contract and there are still two more payments to be made. Mr. Harrison stated given the fact that other things have changed substantially with the lack of state aid he would be hard pressed to give $12,000.00 of the money back. Mr. Bogacz said no action has to be taken now, but maybe somewhere down the road. They just wanted to voice their opinion and show the Selectmen what is going with M-PACT if
something could be negotiated. Mr. Harrison said he would have to wait to see what the future shows as next year may be worse than this year. Mr. Harrison said he would be interested also in seeing what the true figure is as his understanding is one year there was a true op figure of $13,000.00. The next year it was something like $2,600.00, so it wasn’t all that much.
The next item on the agenda was to appoint the Zoning Enforcement Officer. Ms. Neggers said the Board of Selectmen had copies of the by laws that mandates the appointment of the Zoning Enforcement Officer.
Mr. Manning made a motion to appoint Chip Lapointe Zoning Enforcement Officer from April 1, 2003 to March 31, 2004. Mr. Guertin seconded and it was so VOTED.
A discussion was held regarding the timeline for submission of Annual Town meeting articles. Ms. Neggers said the Board of Selectmen meet twice in April. The Annual Town meeting has to be posted by May 2nd. The Special Town meeting within the Annual would have to be posted 14 days prior, which would be April 25th. The Board of Selectmen meet on April 8th and April 22nd. The Annual Town meeting is set by the by laws doe the second Monday in May which is May 12th. Mr. Harrison questioned if we were anticipating the possibility of postponing the Annual Town meeting until sometime in June. Ms. Neggers said we are not at this time, but even if it were postponed, the Board of Selectmen would still need to have the warrant prepared for posting, due to the by law requirement.
Mr. Guertin made a motion to hold the Annual Town meeting on May 12, 2003 in the auditorium of Granite Valley Middle School at 7:00 p.m. and to include a Special Town meeting within the Annual Town meeting. Mr. Manning seconded and it was so VOTED.
Ms. Neggers said as far as the preparation of the warrants she thinks at the Board of Selectmen’s meeting of April 8th the Selectmen should commence that process and complete as much of it as possible with the hopes of closing the Special Town meeting warrant, but probably leave it open.
Mr. Guertin made a motion the Board of Selectmen request the department heads to submit articles for the Annual warrant and that the Board of Selectmen would open those discussions at the Selectmen’s meeting on April 8th with the intent of closing those articles at their meeting of April 22nd. Mr. Manning seconded and it was so VOTED.
Mr. Guertin made a motion to approve an expenditure of $542.30 from the Gifts to the Town Account for the purchase of flags. Mr. Manning seconded and it was so VOTED
Correspondence was read and completed
It was Mr. Harrison’s last meeting as a Selectman. Mr. Harrison was told of the wonderful job he has done and that he will be greatly missed by everyone, in fact, Mr. Manning stated he misses Mr. Harrison already.
At 8:30 p.m., Mr. Guertin made a motion to adjourn the meeting from open session to go into executive session for the purpose of discussing collective bargaining, not to return to open session. Mr. Manning seconded and it was so VOTED.
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James R. Manning, Clerk
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