Skip Navigation
This table is used for column layout.
 
Meeting of 2004-06/22
MONSON BOARD OF SELECTMEN
TUESDAY, JUNE 22, 2004

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 James R. Manning, Kathleen C. Norbut and Richard E. Guertin. Also present were the Town Administrator and the Media. Town Counsel was not present.

Mr. Guertin made a motion to accept the meeting minutes of June 8, 2004 open session with one change on the first page in the third paragraph so it would read “Mr. Norton will oversee and the person behind the counter will be the server”. Ms. Norbut seconded and it was so VOTED.

Dennis Swierad approached the Board of Selectmen. Mr. Swierad said the driveway at the Keep Homestead Museum is crumbling very badly and there is no sidewalk from the driveway to the parking lot, making it especially bad in the winter. Mr. Swierad and Mr. Morrell met there and discussed this and Mr. Morrell told Mr. Swierad exactly what to write for specifications for the thickness, the drainage and so on. Mr. Swierad also met with Craig Jalbert from the Water/Sewer Department about the water shutoff main, which will be fixed at the same time and handed the Board of Selectmen copies of the three bids he received. Mr. Swierad is recommending doing half of the project first and then doing the second half after, so as not to deplete the funds, which has a balance of $12,026.60. Mr. Swierad is recommending doing the driveway and sidewalk for $4,600.00, the lowest bid. Mr. Manning excused himself from voting, as he knows the bidders personally. Mr. Guertin made a motion to approve the estimate supplied at $4,600.00. Ms. Norbut seconded and it was so VOTED.

Chief McKenzie, Dot Jenkins and Jean Bailey approached the Board of Selectmen for the continuation of a discussion from the last meeting for the proposed sign at Dave Grieve Park. Mr. Manning stated at the last meeting the Board of Selectmen had asked Ms. Bailey to go back to the Tourism Committee to come up with different wording as the Selectmen agreed “scoop your poop” didn’t sound appropriate for the sign. Ms. Bailey said the sign will now read “clean up after your pet”. Mr. Guertin added the park is open to the public and the rules are to protect the park, yet the bottom of the sign states “no trespassing – police take notice” and questioned how it would be open for the public to use with this statement. Chief McKenzie said many public and private properties have signs that state “no trespassing – police take notice”, such as at Adams Supermarket and Brooks Pharmacy. The reason for this is when there is an illegitimate activity occurring, this is a tool the police can use to enforce the trespassing statute, which states it must be prominently posted. Therefore, by having this posted on the sign does not bar people from legitimately using the park and gazebo. Mr. Guertin said if he saw something that said, “no trespassing” he would feel as though he couldn’t go in there. Mr. Guertin also said he would like the word “no” to be smaller, as that is all you see when you first look at the sign. Mr. Manning added they have been through the “no trespassing” before and
feels there haven’t been too many problems at the park and agrees with Mr. Guertin. If at
some point in time, the “no trespassing” is needed, it can be added, but didn’t want to see it on the sign now. Mr. Manning said he has no problem with leaving “police take notice” on the sign. Ms. Norbut said she felt either no loitering or taking out the “no trespassing” as she also didn’t feel comfortable with the “no trespassing” in a public park. Ms. Bailey agreed to scale down the size of the word “no” and to take out the words “no trespassing” and instead put in “please respect your park – police take notice”. The Board of Selectmen agreed they wouldn’t need to see another layout of the new sign prior to installation.

Mr. Guertin made a motion for Jean Bailey and the Monson Tourism Association/Committee to move ahead with the sign based on the comments just given. Ms. Norbut seconded and it was so VOTED.

Ms. Bailey said she would like to request three or four no littering signs, at $35.00 each, to be posted at the entrances into town, as there is a $500.00 fine in the state for littering, and to let people know the police will enforce it. Ms. Bailey would like to put the signs up with the help of John Morrell and his crew.  Mr. Guertin and Ms. Neggers thanked everyone who participated in the Town-wide Cleanup this past weekend.

Mr. Guertin said a lot of memos were received from the Chairs of Committee’s regarding recommendations for the re-appointment of committee members.

Mr. Guertin read the names and terms of appointment for everyone listed on the attached list of Town Appointed Positions, and made a motion to appoint as stated. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin made a motion to appoint Seth M. Wilson and Leslie Duthie to the Conservation Commission. Ms. Norbut stated she wouldn’t second this motion as she felt it wasn’t a complete nomination. Mr. Manning seconded the motion. Ms. Norbut said the Conservation Commission stated they would like to see another member re-appointed to the Committee as well. Ms. Norbut added this is a controversial, long standing member of the committee that has done a tremendous service for our community with a tremendous amount of knowledge. This person has not had an opportunity to come before the Board of Selectmen to speak on her behalf, either in private or in a public session, regarding concerns of community members regarding her reappointment. Ms. Norbut said she doesn’t feel that it is a professional process to not allow a volunteer in our community that opportunity and she doesn’t support the motion with only Ms. Duthie and Mr. Wilson being re-appointed.  Mr. Manning and Mr. Guertin voted – aye, Ms. Norbut voted nay. Two members of the audience asked if there was an opportunity for comment or discussion on this reappointment and was told no by Mr. Manning.

Mr. Guertin made a motion to reappoint Craig Switzer and Karen King to the Planning Board and to adjust the term of Tara Hengeveld to run through June 30, 2006, as she is filling the vacancy left by Maureen Solomon. Ms. Norbut seconded and it was so
VOTED.

Mr. Guertin made a motion to re-appoint Robert Bator and Jane Jacobs to the Board to Health. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin read the memo received from the Cable Advisory Committee into the record. Ms. Norbut said from the memo it seems as though the committee has disbanded. Mr. Manning added the last cable contract signed goes through 2007, at least. This committee was scratched for now.

Mr. Guertin read the names and made a motion to re-appoint the members on the attached sheet to the Community Relations Committee. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin read the names and made a motion to re-appoint the members listed on the attached sheet to the Council on Aging. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin read the names and made a motion to re-appoint the members listed on the attached sheet to the Culture Council. Ms. Norbut seconded and it was so VOTED.

At 7:30 p.m., a dog hearing was held regarding a complaint of Chief McKenzie against dogs owned by Andrew Catuccio of 25 Main Street. Chief McKenzie, Rebecca Ziegler, Andrew and Karen Catuccio approached the Board of Selectmen. Mr. Manning swore the parties in.  Chief McKenzie stated this hearing is based on over twenty incidences in the last three years, due to these dogs being loose, plus an incident in December 2003, where a police officer was bitten by these dogs. Mr. Catuccio has been advised each time that these dogs need to be restrained; yet they continue to get loose. Chief McKenzie said he felt it necessary to bring this case before the board of selectmen to formally consider ordering the dogs to be restrained. The owners are not uncooperative, but the dogs do continue to get loose. The dogs are very large and do act aggressive towards people sometimes.

Ms. Ziegler said she has never had the dogs in her custody and for the most part it’s been all over the telephone and Mr. and Mrs. Catuccio have tried to contain the dogs. A few weeks ago, Mr. and Mrs. Catuccio told Ms. Zeigler they were going to install an electric fence. Ms. Zeigler added, the dogs need to be restrained and kenneled, as this can’t continue.

Mr. Catuccio said this breed of dog likes to roam and they are very intelligent, always discovering a new way to get out. They have owned the dogs for six or seven years and try to keep them in. The incident, in which the police officer was bitten, is the only time the dogs have ever nipped. Mr. Catuccio said the officer told him he used a prod, electric device, to keep the dogs away, but Chief McKenzie stated the Police Department doesn’t use any electrical zapping devices. The owners of the dogs said the dogs are very expensive and they don’t want them loose. Ms. Zeigler suggested a kennel with a six-foot high chain link fence, a cement floor and a covering of fence as well. Mrs. Catuccio said they are in the process of doing this. They have the floor down and just need to add the
fencing. They are also installing an electric wire fence around the perimeter of the yard.

Ms. Norbut made a motion the dog owners implement the electric fence within ten days of tomorrows date of June 23rd.  Also, within forty-five days develop a chain link kennel that will be appropriate for the animals and the animal control officer will oversee the time frame and monitor it, reporting back to either Chief McKenzie and/or the Board of Selectmen. Mr. Guertin seconded and it was so VOTED. This hearing was closed at 7:45 p.m.

Representatives of the Summerfest Committee approached the Board of Selectmen for one last up-date. Mr. Walker said they are requesting a temporary liquor license for Dave Grieve Park on July 5th and they would also like a petting zoo on the 5th in Veterans Field as well. Professionals will set up the petting zoo. The Beer Garden is the same as last year where everyone will be carded. Young children will be allowed inside with a parent and teens will not be allowed inside. Ms. Neggers said there has never been a problem relative to the Beer and Wine Garden held at the Summerfest, to the best of her knowledge.

Mr. Walker also said the Summerfest Committee would like to request a donation from the Gifts to the Town Account.

Mr. Guertin made a motion to approve the Beer and Wine Garden and the Petting Zoo as outlined in the memo of June 22nd sent to the Board of Selectmen from Scott Walker, contingent upon receipt of the Certification of Insurance. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin made a motion to award $1,200.00 from the Gifts to the Town Account to the Summerfest Committee to help defray the cost of Police and other municipal expenses. Ms. Norbut seconded and it was so VOTED.

Mr. Bressette added the Shriners will have their automotive division in the parade this year, which will be held on Monday, July 5th. Mr. Bressette thanked the many people who put donations in the buckets that were placed around the town.

Mr. Guertin read the names and made a motion to reappoint the attached list of Election Officers. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin made a motion to reappoint James Haynes to the Historical Commission. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin read the names and made a motion to reappoint the attached list to the Insurance Advisory Committee through June 30, 2005. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin read the names and made a motion to reappoint the attached list to the Keep Homestead Museum Steering Committee through June 30, 2005. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin read the names and made a motion to appoint the attached list to the Local Emergency Planning Committee. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin stated the Long Range Capital Planning Committee is defunct. He has had preliminary discussions with Don Skarp in terms of getting involved, as Mr. Guertin feels something needs to be done with this committee. Ms. Neggers has provided Mr. Guertin with a printout of a multi-paged document provided by the Division of Local Services, which speaks of towns doing a Long Range Capital Planning. Mr. Guertin has dropped this off with Mr. Skarp and asked him to take a look at this. If a new committee were created, Mr. Guertin would like Mr. Skarp to Chair it and make recommendations as to who he would like to serve on the committee. Mr. Guertin would like Mr. Skarp to figure out how to address Long Range Capital issues and where the money is going to come from. If Mr. Skarp agrees to Chair this committee, Mr. Manning has asked that Mr. Skarp be invited to a Board of Selectmen meeting to have an open discussion about this issue.

Mr. Guertin read the names and made a motion to appoint the members listed on the attached list to the Monson Tourism Committee. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin read the names and made a motion to reappoint the members listed on the attached list to the Personnel Policy Committee. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin made a motion to reappoint John Morrell as the primary and Gretchen E. Neggers as the alternate on the Pioneer Valley Planning Commission Joint Transportation Committee. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin read the names and made a motion to reappoint the attached list to the Scholarship fund Committee. Ms. Norbut seconded and it was so VOTED.

Mr. Guertin read the names and made a motion to reappoint the members listed on the attached list to the School Building Committee. Ms. Norbut seconded and it was so VOTED. Ms. Neggers added Michael Kane and James Peters have not been notified to the best of her knowledge that they have been taken off this committee as the Board of Selectmen hadn’t taken any action. The School Building Committee hasn’t met recently, but are currently resolving an outstanding invoice for a large vendor. Once this is resolved, they have only a small amount of funds remaining that still must be spent. Therefore, this committee isn’t done.

Mr. Guertin made a motion to reappoint Russell Bressette, Jr., Judith White and Albert Wilcox to the Tax Assistance for Seniors Committee. Ms. Norbut seconded and it was so VOTED.

Ms. Norbut read the names and made a motion to appoint the attached list, and read the list into the record, to the Police Department. Mr. Guertin seconded and it was so VOTED.

In new business to come before the Board of Selectmen, Ms. Neggers said traditionally the Board of Selectmen designate July 4th as the Citizen of the Year Day for the
Summerfest. The Rotary has announced their selection of John and Elizabeth Colleton as Citizen of the Year. Mr. Guertin made a motion to declare the day of the Summerfest, July 5th as John and Elizabeth Colleton Day. Ms. Norbut seconded and it was so VOTED. The Board of Selectmen congratulated John and Elizabeth Colleton. Ms. Neggers added this was a great selection as they are both great people.

Also in new business to come before the Board of Selectmen, Ms. Neggers said a notice of resignation has been received from the part-time custodian for the Police Department. This is her last week, as she has given only a week notice. Ms. Neggers said she has received a couple of telephone calls from people interested in filling this vacancy and wondered if the Board of Selectmen wanted this advertised or not, as there is a situation here with the timing and there is no legal obligation to advertise this position. Ms. Norbut said this was just visited recently and said the town should try to stay consistent. Ms. Neggers said she would place an advertisement of the position in the newspaper.

Ms. Neggers asked the Board of Selectmen if they wanted notification sent to the people tonight who were not re-appointed. Mr. Manning said there are a lot of people not re-appointed each year for various reasons and didn’t see any reason in this now. Ms. Norbut added she feels the most expeditious way to handle this to just send notices to the Chairs to remind people to come in to be sworn in. Mr. Guertin added in the case where the Board of Selectmen elected not to reappoint, that Chair should be the one to tell the members the Board of Selectmen did not reappoint them to that position. The Board of Selectmen asked Ms. Neggers to communicate the re-appointments to the Chairs. Glenn Colburn stood up in the audience and stated he’d rather not do that. Mr. Manning stated the Board of Selectmen weren’t going to get into a discussion regarding the re-appointments that the Board of Selectmen have the sole authority to handle. Mr. Colburn kept trying to speak and Mr. Manning asked Chief McKenzie to escort Mr. Colburn out of the meeting. Mr. Colburn stopped speaking and Seth Wilson stood up and stated this is a public meeting and he was concerned as an attorney, registered in the Commonwealth of Massachusetts, that there have been several violations of the Public Meeting Law, which had taken place this evening. Mr. Wilson stated procedurally, with regards to the failure of the Board of Selectmen to re-appoint Ms. Porwell. Procedurally, the Board of Selectmen did not make public the complaints or the commentaries that have been made or levied against Ms. Porwell. Also the Board of Selectmen did not listen or provide opportunities for others to speak regarding this issue. Mr. Manning again requested Chief McKenzie to take these two individuals outside. Ms. Neggers said she will notify the Chairman and that it will be up to them to tell their members that they were not re-appointed by the Board of Selectmen.

Correspondence was read and completed.

At 8:25 p.m., Mr. Guertin made a motion to adjourn from open session to go into executive session for the purpose of discussing contracts, not to return to open session.
Ms. Norbut seconded and it was so VOTED.


_________________________________
Richard E. Guertin, Clerk