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MONSON BOARD OF SELECTMEN
TUESDAY, SEPTEMBER 28, 2004
Executive session for the purpose of discussing collective bargaining closed and 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 Town Counsel, the Town Administrator and the Media.
It was explained the Board of Selectmen convened a public hearing regarding Howlett Hill Road on August 26, 2003 in this room at 110 Main Street, regarding the fact that the town did not want to continue with the maintenance on this particular road. At that time, the abutters who are the Town of Stafford Connecticut, the Town of Hampden and the gentleman that owns the property located there, were notified of the meeting. There was a concern expressed at that meeting, by the property owner, who wondered what effect this would have on any future building there, if the town were to stop doing the maintenance on Howlett Hill Road. The Board of Selectmen agreed to close this hearing and it was agreed this hearing would be continued. At this point, the Board of Selectmen agreed to seek help from the Planning Board. The Board of
Selectmen asked the Planning Board if the Town of Monson were to abandon the maintenance of Howlett Hill Road, would the road have to be brought up to sub-division standards, or some other standards, before any development were to occur there in the future? The Board of Selectmen, after waiting for a response for several months, then forwarded this to Town Counsel. The legal opinion the Board of Selectmen were seeking in the meantime was what are the ramification and what are the options that the Board of Selectmen might have if they elected to go with the abandonment. Mr. Guertin explained Howlett Hill Road can not be accessed through Monson. The only way to access Howlett Hill Road is either through Stafford Connecticut or through the Town of Hampden. In thinking this over, Mr. Guertin said he thought about the maintenance options. He said he also starting thinking about if in the future this portion of Howlett Hill Road becomes developed, the town would be dealing with sending
school busses there to pick up children by having to go through another town or state in order to reach the children, as well as the plowing and maintaining of the road. Mr. Guertin therefore feels the town should just consider abandoning the road completely. Town Counsel said the legal opinion that was originally drafted regarding Howlett Hill Road did discuss what was involved with the discontinuance of maintenance. In order to abandon this particular road as a Town Way, it would have to be voted on at a Town Meeting, either an Annual Town Meeting or a Special Town Meeting, and receive a majority vote from the town at that point. Town Counsel said he would verify to make sure this could be voted on at either meeting. Town Counsel added you don’t really get a good grasp for exactly what is involved with trying to get to this road and maintain it unless you have traveled there. Research must be done to determine if this is a County Way or a Town Way, prior to its
discontinuance. If it is determined that this is a County Way, there may be an additional element prior to dissipation. The Board of Selectmen agreed unanimously to pursue the necessary legal research for the discontinuance of Howlett Hill Road as opposed to the abandonment of maintenance. Mr.Guertin made a motion to ask that this matter be researched relative to the implementations in moving in that direction. Also, that Ms. Neggers initiates action to ultimately close out the original hearing and legally publicize a new hearing on the basis this is doable. And that the Board of Selectmen proceed, on the assumption that is successful, with having the discontinuation of Howlett Hill Road placed on the warrant for the next Special Town meeting for a vote by the citizens of Monson. Ms. Norbut seconded and it was so VOTED.
Ms. Neggers said the town was unsuccessful in soliciting a proposal that met the minimum criteria for the development of the South Main Street School building primarily due to the environmental contamination there and the need to remediate that site. Ms. Neggers added that while she, Fire Chief Harris and the Building Inspector were inside the building doing a site visit for prospective proposals, it was very obvious that there had been some deterioration of the condition the barrels had been stored in. These are barrels, which had been left behind in July of 1992. The DEP went through the building and did some cleanup on the site and after that, worked with the then property owner in an effort to help them do some cleanup. The DEP believed at that time, that the owner would complete the cleanup. As a result there were
approximately seventy-three 55-gallon drums and twenty-nine 5-gallon drums left behind. Of the 55-gallon drums, thirty-seven contain lead waste, which is the lead shot and soils from the test firing from when the guns were manufactured there. Fifteen contain corrosive waste, sixteen contain petroleum waste and five contain unknown materials. Originally, the town was lead to believe the cleanup had been completed and there were no other materials there. These barrels were found after the fact. These barrels have all been labeled and all packed. The problem now is the condition of the building has deteriorated so that water is coming in on top of the barrels and is causing the barrels to rust and rust through. The barrels are also starting to lose their labels. Once the barrels lose their labels, you have an unknown substance in the barrels and the prices skyrocket for disposal. The winter months cause all sorts of problems with the barrels when the water freezes and expands. Ms.
Neggers added, when the proposals were not forthcoming for the disposal of the building, she approached both the Fire Chief and the Water/Sewer Superintendent, as the building is in our Water Supply Protection District, and asked them to write the Board of Selectmen letters noting their concerns. The Building Inspector also wrote a more detailed letter regarding the contents and conditions of the building that are causing the risks. These officials feel the contents of this building are an eminent threat to the public health, safety of the community, for our water supply, for our firefighters and for the people who live in that area. There is a great risk that these barrels are going to rupture and contaminate the area. In researching the funding options, Ms. Neggers said the most convenient option would be the use of MGL Chapter 44 Section 31 funds. These are funds used for anything that poses an immediate threat to the health or safety of persons or property in a town. The
Director of the Bureau of Accounts, Jim Johnson, could be petitioned to receive permission to deficit spend, if deemed by the majority vote of the Board of Selectmen. The intent would be to appropriate funding to compensate for that at the fall Special Town meeting. If this isn’t done, the money would just be taken off the top in order to alleviate the threat to the community. The estimated cost of removing the barrels is estimated at $25,000.00. Mr. Guertin made a motion to ask Ms. Neggers to move ahead in the manner she just described, with the idea of soliciting approval for the use of the funds so the town can remove those items that are causing it to be an imminent threat, in accordance with Mass. General Law statute Chapter 44, Section 31. Ms. Norbut seconded and it was VOTED. Ms. Norbut added she would like the town to pursue any other avenues for funding reimbursement or assistance in this matter, given the fact that it is an imminent threat and an emergency
situation. Ms. Norbut added, ultimately it is more prudent financially to take care of this now in order to avoid a disaster and a much more costly event down the road.
The last item on the agenda was to review and discuss the Banner Policy, amendment #1. Ms. Neggers said the issue that specifically drove to the creation of this amendment is the “Support Our Troops” banner. The banner is intended to be displayed upon the request of family members who have loved ones returning from active military service, on leave, or for any other reason. The timing and their knowledge of that doesn’t often co-inside with the Board of Selectmen’s meeting schedule. This amendment would apply specifically to that banner. If a request came in from a family member, and the Board of Selectmen did not have a meeting scheduled within the time frame, this amendment would allow the Selectmen’s Office to contact the Chairman and would give the Chairman authority to approve the
placement of the banner for a time period not to exceed two weeks, which would be the next regular meeting of the Board of Selectmen. If another banner has already been approved for display or is already being displayed, this amendment would allow the placement of the “Support Our Troops” banner at the Dave Grieve Park for a time period equivalent, not to exceed two weeks, until the next regular meeting of the Board of Selectmen. Mr. Guertin made a motion to approve Amendment #1 as drafted, with the understanding that the two weeks mentioned in it represent the length of time that the banner may be displayed. Ms. Norbut seconded and it was so VOTED.
Correspondence was read and completed.
At 7:43 p.m., Mr. Guertin made a motion to adjourn from open session to return to executive session for the purpose of discussing contractual issues, not to return to open session. Ms. Norbut seconded and it was so VOTED.
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Richard E. Guertin, Clerk
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