BOARD OF SELECTMEN
TUESDAY, JULY 12, 2005
The regular meeting of the Monson Board of Selectmen convened at 7:00 p.m. in the Conference Room at 110 Main Street. In attendance were Kathleen C. Norbut, Richard E. Guertin and Edward S. Harrison. Also present were the Town Administrator and the media. Town Counsel was not present at this meeting.
The Pledge of Allegiance was recited.
Accept Minutes of June 28, 2005 – Open and Executive Sessions:
Mr. Harrison made a motion to accept the meeting minutes of June 28, 2005 – open and executive sessions. Mr. Guertin seconded and it was so VOTED.
Public Hearing – Norcross Restaurant, Inc. Application for On Premise Wine & Malt License:
A public hearing was opened at 7:02 p.m. regarding the application for a Wine and Malt license at Norcross Restaurant, Inc. William and Rita Belanger approached the Board of Selectmen. William Belanger is the owner of Norcross Restaurant, Inc. and Rita Belanger will be managing the establishment. It was noted all the paperwork involved had been received and the abutters had been notified. The hours of operation will be Thursday and Friday from 4:00 p.m. to 8:00 p.m. and in the near future they would like to be open on Saturdays from 4:00 p.m. to 8:00 p.m. as well. Ms. Norbut said the Board of Selectmen request anyone new going into this type of business, attend the TIPS course. There was no one in the audience to speak for or against this license. Mr. Harrison made a motion to approve the application for the Wine and Malt
license for Norcross Restaurant, Inc. for the operating hours of 4:00 p.m. to 8:00 p.m. Thursday through Saturday, with the understanding Ms. Belanger complete a TIPS course within six months. Mr. Guertin seconded and it was so VOTED.
Fire Department – Reappointments:
Mr. Harrison read the attached reappointments into the record and made a motion to reappoint the names read to the Fire Department effective July 1, 2005 through June 30, 2006. Ms. Norbut noted James Burker’s name was misspelled and should be James Buker. Mr. Guertin seconded as amended and it was so VOTED.
Review Department Responses – Unfunded Mandates:
Ms. Norbut read the attached letter from Representative Mary S. Rogeness to the Chairman of the Selectmen into the record, as well as the attached letter in response to that letter, from Ms. Neggers to Representative Rogeness. Ms. Norbut said when the letter from Representative Rogeness was received, the Select Board discussed it and felt it would be a good opportunity to work with the department heads to work together on the list of unfunded mandates and to put together a comprehensive response to Representative Rogeness. On May 25th, Ms. Neggers responded to Representative Rogeness’ letter, as attached. Ms. Norbut read this letter into the record as well. Ms. Norbut said the unfunded mandates or mandates that require funding from the local sources, seem to have become a tremendous burden, particularly
under Proposition 21/2, so there is a built in ceiling. As mandates come to the town from the state and federal governments, which the town is trying to cope with, it takes a tremendous amount of time, energy and fiscal resources to meet these demands. This evening’s task is to compile that list and to respond to Representative Rogeness’ letter.
Mr. Guertin felt the response should go beyond the unfunded mandates and also speak about the shortfalls of revenue for local expenditures, which appears in the town budget every year. Mr. Guertin said this problem is huge and goes way beyond mandates. Ms. Norbut agreed. When Ms. Norbut read the letter, she said it appears to be asking for a list of mandates along with where else relief is needed, which is a substantial issue. Ms. Norbut said one possible way to go about this process is to in fact photocopy the responses of the mandates submitted by the department heads and put them together into a packet. Mr. Guertin added the letter should be broken up into three parts. The first part would regard the local expenditures on an annual basis. The second part would regard capital items and the third part would present
all the mandates the town is not provided the funding for. Also included would be our estimate as to how much money it would take. Mr. Guertin added he would like to demonstrate that the Board of Selectmen have not only recognized the problem, they have taken some initiative to try to get their arms around how big this problem really is. Ms. Norbut agreed this is the key part and added Monson has not over spent in the past and has been very conservative with good fiscal plans in place every year, yet Monson is suffering. Ms. Neggers said in some mandates, it is difficult to attach a dollar figure because it is insidious the way they encroach upon the work time. An example is the new requirement in the Building Department where they have to make sure everyone pulling licenses carries Workers’ Comprehension, making new additional steps in acquiring a permit. Due to the increased growth in town, the Building Department is one of the most stressed departments. Additional staffing
is required in the Building Department, yet there are no funds to fund the position of a clerk.
Ms. Norbut read the list of mandates submitted to the Board of Selectmen by the department heads into the record. After reading the mandates for the Clerk’s Office, Ms. Norbut said she thought it might be valuable for our legislature to review the process of having primary elections in Massachusetts, when such a dismal percentage of voters actually go to the polls for the primary election. Yet, we staff the polls from the time of opening until the time it closes. Ms. Norbut wondered if it might be more sensible to just open the fields and have general elections. Mr. Harrison said another suggestion would be for the state to initiate mailing in ballots as they do in Oregon, which he added, might be an alternative to running an all day election. Ms. Neggers said another example is the population in the 2000 census,
which showed a population of 8,300 residents. The town was required to establish a third precinct because the population was now over 8,000 residents. The ballots are cast in the same room, yet the additional third precinct required an additional set of election workers, ballot box and voting equipment.
After reading the mandates for the School Department, Mr. Harrison mentioned he feels the state needs to help out the local towns with the Special Education. When a student moves into town and requires $45,000.00 worth of services, the town is mandated to pay these costs out of district costs. Mr. Guertin said the state should think about pooling all of the Special Education money, regardless of where the child goes to school, and the school draws from that pool whatever it needs. Ms. Norbut said the way it is set up now is reverse discrimination. Mr. Guertin explained what happens now, if one child moves from one town to another town, the town who lost the child gains because they no longer have to provide the Special Education to that child and they get to keep the funds provided for the child. The town who gained the
child pays because it wasn’t appropriated for in the budget. If the funds were pooled, it wouldn’t effect the town, as it would travel with the child. Ms. Norbut said she had suggested to Senator Brewer placing a cap of four times the amount of whatever the par student cost is considered. Mr. Guertin added as Monson grows, we would increase the probability that we will get Special Education students, increasing the potential problem in Monson.
Ms. Norbut read the list of additional unfunded mandates submitted by Ms. Neggers into the record, which covered:
Outside audits for the end of year report the school files with the DOE. Powers and Sullivan charge $5,000.00 to audit the report. Ms. Neggers has never seen a written report on the results of the audit even though she has requested it and it seems redundant at best.
Storm Water Management – this runs $10,000.00 to $15,000.00 annually and the town is only in Phase I. Everything has to be filed simultaneously with the DEP and the EPA.
Local bylaw changes that have not yet occurred that have to be passed at the annual town meeting or the town will not be in compliance with the law.
Motor vehicle sales licenses – the town is now required to monitor the issuance of bonds by a car sales establishment.
All licenses – the town is now required to monitor all Workers Comprehension coverage provided to employees by all licensed holders.
Homeland Security – paperwork, reporting and preparedness imposed on Monson is the same as that imposed on everyone. But we have few/no resources to address this.
Fees charges by the Commonwealth for town as though it is a private entity. For example the elevator inspection fee is now $400.00 when the state is able to get to it.
Other issues, the state could help with the school. The NEASC accreditation process, the MCAS scores and the “No Child Left Behind” program.
Earmarking of Community Policing funds.
Incentive programs to enhance the towns eligibility for competitive grant fees include requirements to have a Master Plan, an Open Space and Recreation Plan as well as incentive programs including the Executive Order 418 compliance and the new Commonwealth Capital application.
Ms. Norbut said there are departments who have wanted to pursue grants, but the grants also require that they are non-profit 501C3.
Employee benefits – the type and direction of employee benefits is completely controlled by the collective bargaining units. Management, the Selectmen to the School Committees, have little say in making changes in the collective bargaining units.
Coming – Congress is expected to mandate full funding of pension systems.
Mr. Guertin said he would work on the first two sections of this and Ms. Norbut said she would work on the section pertaining to the unfunded mandates with Ms. Neggers, in order to put this together into a packet for Representative Rogeness.
Ms. Neggers said if anyone is interested, House 3582 is an Act relative to cats and it would mandate the licensing of cats. It was originally submitted in 2003.
Discuss “To Do” List – Develop Working Process:
Ms. Norbut explained the Board of Selectmen maintain an on going “to do” list with projects ranging from economic development to looking at maintenance of different buildings to different types of policies. At any given time, at least a dozen items are on the list. Mr. Guertin has revised the process and developed a tool, which will work better for the Board of Selectmen to assist in keeping track of the item on the list. Mr. Guertin said the “to do” list has been broken down by categories. What Mr. Guertin did was to try to put together a format which listed the items, the date they were updated along with the current status as of that date, with the idea the Select Board would keep running totals on this. Mr. Guertin said he would like to give an update on some of the items at each Board meeting
in order to keep tabs on them. Mr. Harrison said he would like to know what is the deliverable with each task that is identified here as well as the date that it is updated, along with the current status. Also who is assigned to do the work, as some items are left to Ms. Neggers and some are topics for the Board of Selectmen in executive session, such as the salary grid and contract negotiations. Mr. Harrison would also like to see the target dates listed on the chart, along with the priority of each item. Mr. Guertin said he would add these columns to the format and then maybe the Board of Selectmen can begin to fill in the columns. Ms. Neggers said there are a lot of items that are agenda items, rolling on and off very quickly, such as the liquor licenses. Then there are the other projects that will take several years, and she feels they need to be segregated. Ms. Neggers feels it would be better to focus this list on the larger items. South Main Street School for instance
is a two-year project if all goes well. Margaret Street Landfill is at least a one-year project, possibly two if all goes well. It was agreed to carry the agenda items on a separate list and if it is linked to a larger project, reference it on the other list as well. It was agreed to prioritize the short-term agenda items as well as the large items. Some items such as the Storm Water Management have multiple phases and are multifaceted as it involves the Highway Department, Conservation Commission, the Water Department, the Planning Board and the Board of Health. Ms. Norbut said it could also involve the Local Partnership for Economic Development and the Tourism Committee. Mr. Harrison said he has added to his list who is impacted or involved in the items on the to do list.
Correspondence was Read and Completed.
Other Business to Come Before the Board of Selectmen:
Mr. Harrison read a recent correspondence into the record from the Monson Fire Department and Ambulance Service inviting Monson residents to become a member of the Monson Fire Department and Ambulance Subscription program. The subscription covers all members of a household living at the same address. As a subscriber, your insurance company will be billed for services rendered. If the insurance does not cover the entire bill, the subscriber will not be billed for any unpaid balance. If the subscriber does not have insurance coverage, they will consider the subscription fee as compensation for the services rendered and the subscriber will not receive any bill. The subscription will cover all emergency medical transportation and only non-emergency transportation that is approved by the physician. The average charge for
an ambulance run to the closest hospital will cost between $500.00 and $600.00. The yearly cost of becoming a member of the Monson Fire Department Ambulance Service is $50.00. Anyone interested may contact Chief Harris at 267-3132.
Mr. Guertin gave an update and said the Memorial Hall Use Applications are being processed and that he is dialoguing on a regular basis with Ms. Neggers.
Ms. Norbut informed the public that the Community Relations Committee has been working on developing a fall forum, which will be a series of guest speakers coming into the community as part of the “No Place for Hate” campaign. On the first Wednesday in September, Robert Meeropol will be the guest speaker. Mr. Meeropol is the son of Ethel and Julius Rosenburg, who were executed. Mr. Meeropol has a number of compelling perspectives to share on both politics and capital punishment. He is also the founder of the Rosenburg Fund for Children. On the first Wednesday in October, John and Magi Bish will speak on the Bish Foundation and the loss of their daughter, Molly. There are tentative speakers for the first Wednesday in November. This will be advertised as each of the events gets closer. The series of guest
speakers is open to the public and free of charge; however, a small donation is requested.
Ms. Norbut also spoke of the absolutely spectacular sunset and view from Westview Farms and encouraged everyone to make the worthwhile trip to experience it themselves.
Ms. Norbut read a letter of support from the Board of Selectmen (which was agreed to do at the last meeting) into the record. The letter is regarding support to Leslie Duthie and the Open Space and Recreation Plan Committee and will be included with the final draft, which will be submitted to the EOEA. Mr. Guertin made a motion to approve the letter. Mr. Harrison seconded and it was so VOTED.
Ms. Norbut thanked Ms. Duthie and all the committee members for their hard work.
At 8:23 p.m., Mr. Harrison made a motion to adjourn from open session to go into executive session for the discussion of collective bargaining and a discussion of non-union contractual negotiations, not to return to open session. Mr. Guertin seconded and it was so VOTED.
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Edward S. Harrison, Clerk
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