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Meeting of 2006-03/28
MONSON BOARD OF SELECTMEN
TUESDAY, MARCH 28, 2006

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 Richard E. Guertin and Edward S. Harrison. Kathleen C. Norbut arrived at 8: 35 p.m. Also present were the Town Administrator and the media.

The Pledge of Allegiance was recited.

Acceptance of Meeting Minutes:
Mr. Harrison made a motion to accept the meeting minutes of March 14, 2006 – open session. Mr. Guertin seconded and it was so VOTED.

Pathfinder Students: Request for Donation – “Habitat for Humanity” Spring Break Project:
Chantell Germain, Samuel Sherman and Samantha Robbins, three students from Pathfinder Regional Vocational Technical High School, approached the Board of Selectmen. They are all students in the mentor group, which consists of twenty students, hoping to go to Florida to build a house during spring break. The students have been working hard to try to raise the money needed through donations and events, such as a magic show, wrestling match, penny wars, raffles, dances, car wash, etc. to cover the cost of transportation and food. The students have raised $9,290.00 so far and still need another $2,000.00 prior to April 16th, when they are scheduled to leave. If the students are unable to raise the required funds, Ms. Robbins said every student might be required to pay $100.00 each, and if some students are unable to pay, they wouldn’t be able to go. The total goal is $12,500.00, which doesn’t allow for any extras.  The cost per student is $542.00. There will also be four chaperones. Ms. Robbins explained this is the first time Pathfinder has done anything this big. If the students are unable to raise the required funds, all the funds raised so far would have to be donated to the Habitat for Humanity Project. Miss Robbins read the pamphlet into the record explaining the mentor group, which was explained at the previous Board of Selectmen’s meeting. This information can also be found on the Pathfinder web site.

Mr. Harrison said he was thinking of donating the remaining $2,000.00 to the students, as this would only come out to be $100.00 per student. Mr. Guertin agreed and added the students have worked very hard to raise the funds needed. Ms. Neggers said this is the first time Pathfinder students have approached the Board of Selectmen seeking donations. Mr. Harrison asked the students if they would come back following the completion of this project to tell about their experience, and the students agreed to come back to do this. Ms. Neggers said she thinks it is very rewarding to see young people in pursuit of something so admirable, noting Monson is one of Pathfinder’s member towns. Both, Mr. Guertin and Mr. Harrison commended the students for sacrificing their spring vacation to do something to help others.

Mr. Harrison made a motion to donate the sum of $2,000.00 from the Gifts to the Town Account to help the students from Pathfinder raise the funds needed for the Habitat for Humanity Project. Mr. Guertin seconded and it was so VOTED.

Monson Tourism - Request to Create Memorial to Honor Deceased Soldiers:
Dot Jenkins and Jeanne Bailey approached the Board of Selectmen of behalf of the Monson Tourism Committee regarding a request to create a Memorial to honor troops in the current war, in Iraq, who have died. The memorial will be located on the common in front of the Library. Ms. Bailey explained the Tourism Committee would like to stand several rows of small Veterans memorial flags in the ground. Each flag will signify a soldier who has lost his/her life in Iraq. Right now, this would come to 2,319 flags. Bob Matheson, the Veterans agent, will keep the Tourism Committee up-dated whenever there is a death so another flag can be displayed. The Tourism Committee would like to keep the memorial going until the war ends, and agreed to come before the Board of Selectmen each year with their requests to continue this project. The flags will be purchased at cost through the Veterans Agent @ 71¢ per flag. The Tourism Committee is also planning on having an eternal flame at the site which will burn 24 hours a day. Father Jette, of Saint Patrick’s Church, will be donating the candle holder along with the supply of candles. The project will be funded by donations. If the project is approved by the Board of Selectmen, the Monson Rotary Club has pledged $500.00 toward the purchase of the flags. Mr. Matheson also told Ms. Bailey, if this project receives the approval of the Board of Selectmen, he would check to see if the Veterans Agency might also wish to give a donation toward this cause. Ms. Jenkins said the initial supply will be 2,500 flags and the total cost would be $1,775.00. The Superintendent of the Cemetery Department, Paul Lovell, has agreed to turn over the maintenance of the common, located in front of the Library, from Memorial Day in May until Labor Day in September, to the Tourism Committee for their memorial. Ms. Bailey has agreed to see that the mowing and trimming in this area gets done on a regular basis during this time. Ms. Bailey said Channel 40 is interested in coming to Monson to do a story on this once it is completed, and feels it will be a tourist attraction.

Mr. Harrison made a motion to allow the Monson Tourism Committee to proceed with the memorial for our fallen soldiers in Iraq and to donate $200.00 from the Gifts to the Town account to help defray the cost of flags. Mr. Guertin seconded and it was so VOTED.

Dot Jenkins will post information on the town’s web site at www.monson-ma.gov for anyone interested in making a donation.

PVPC – Presentation on MEMA Regional Planning Grant Requirements:
Catherine Miller from the Pioneer Valley Planning Commission approached the Board of Selectmen to give a presentation on MEMA’s Regional Emergency Hazard Mitigation Plan.  Ms. Neggers said she has spoken with Eric Moran of the Pioneer Valley Planning Commission, and also with the folks at MEMA. Monson’s Emergency Management Director, Jonathan Miller has attended several meetings on this topic and Fire Chief Marshall Harris has attended a meeting as well. Ms. Miller was invited tonight to give a presentation to the Board of Selectmen and the listening audience to give everyone a better understanding about not only the financial aspect of this, but the time commitment, what the consequences are if Monson doesn’t participate and what the benefits are if Monson does participate. Ms. Miller explained the Hazard Mitigation Plan, stating it is a congressional incentive that was created in 2000 with the Disaster Mitigation Act of 2000. The difference between a Hazard Mitigation Plan and any of the existing plans that communities have, is this is to prevent the long term consequences of natural disasters. Ms. Miller explained this plan doesn’t duplicate comprehensive Emergency Management Plans, nor does it duplicate any existing plans. It is new funding Congress created in 2000 recognizing there were things communities could do that would litigate the long term consequences of a natural disaster. Having a local Hazard Mitigation Plan in place would for example, allow a town to redesign a culvert that was too small in order to prevent a future flood. The plan would be useful for either man-made or natural disasters.  This plan would identify all of the towns’ concerns right now. By having the plan, the town would also be eligible to apply for funds to solve the problems. In order to be eligible to apply for the funding, a town must have a local annex plan. Ms. Miller said they will do a regional plan addressing the hazards in Monson, but it won’t be to the level of specification that it would be if Monson had a local annex plan. A local committee will be necessary to confer with, making sure the data collection they have done is accurate.  Ms. Neggers said a certain amount of assessment will be done as well, as part of the Emergency Management Plan. Ms. Neggers said following the flood of 2005, she feels Monson needs real life training, as there are worse things that could happen to the community. Ms. Neggers said Monson has a pretty good comprehensive Emergency Management Plan, and added Jonathan Miller will be making the plan available on the towns web site at www.monson-ma.gov . Ms. Miller said there is a significant amount of money available for training through the Western Region Homeland Security Advisory Council. Mr. Guertin said it does seem worth the $700.00 figure, ending up with a more detailed plan, and allowing the town to be eligible for the potential assistance. Mr. Harrison added the town would also know where its specific weaknesses are. The $700.00 would be put into the regular budget for the next fiscal year, and this would be done through the Special Town Meeting.

Mr. Harrison made a motion to move forward with the PVPC Hazard Mitigation Plan and to put an article on the warrant for the Special Town Meeting to raise the $700.00 to pay for Monson’s participation. Mr. Guertin seconded and it was so VOTED.

Fire Chief: Request to Increase Inspection Fee Schedule:
Fire Chief Marshall Harris approached the Board of Selectmen. Chief Harris stated it has been many years since the rates of most of the services rendered by the Fire Department have been increase. Chief Harris explained he conducted a survey of surrounding towns; Amherst, East Longmeadow, Easthampton, Ludlow, South Hadley, Westfield, and Wilbraham, and found Monson to be in conjunction with most of the fees; however, Chief Harris said with the new carbon monoxide law coming into effect, he felt the town needed to increase this fee due to the work involved in testing and explaining to the community where the detectors should be placed in dwellings, and also at this time to increase a few other fees that are low as well. The fees Chief Harris is proposing be increased are:
·       Smoke Detectors – Currently there is a $15.00 fee imposed for the inspection of smoke detectors. Chief Harris said would like to increase this to $30.00 and change the wording to include: Smoke Detector/Carbon Monoxide Inspections in a single dwelling. Each additional unit checked within the same building would be an additional $10.00.

·       An oil burner permit for any storage tank is currently are $15.00  for tanks less than 550 gallons, $25.00 for tanks that hold 551 to 999 gallons, and $50.00 for tanks that hold 1000 gallons or more. Chief Harris said he would like to increase this to $25.00.

·       Vent free gas heaters currently aren’t on the list, will have a fee of $25.00 imposed on each inspection.

·       Tank truck inspections – if a tank is located on the back of a truck and garaged in Monson overnight, a sticker is required which is good for two years. Currently there isn’t any fee imposed on this inspection. Chief Harris said he would like to charge a $25.00 fee for this.

·       Above ground storage tank – currently a $15.00 fee is collected for each inspection and Chief Harris said he would like to raise that fee up to $25.00.

Mr. Harrison made a motion to approve the new schedule of Monson Fire Department permit fees. Mr. Guertin seconded and it was so VOTED.

All the other fees are in line with other towns and will remain the same.  The fee schedule will be posted on the town’s web site at www.monson-ma.gov. The funds collected will go into the General Fund.

Municipal Finance Department Proposal – Presentation and Review:
Debi Mahar, the Town Accountant, approached the Board of Selectmen. Ms. Neggers explained the first steps have already been taken by the Board of Selectmen as far as authorizing this to begin. The next step is to present it before the voters at the Annual Town Meeting. Tonight they are presenting to the Board of Selectmen, a sample bylaw that would be presented at the Annual Town Meeting, which is an acceptance of Chapter 43C. Ms. Neggers explained this is very standard language, which has been reviewed by Town Counsel. The attorneys have had several conversations with Bob Richie, in the Attorney Generals Office, regarding the proposal and the process to move it forward. Ms. Neggers went through this with the Board of Selectmen explaining it. Town Collector, Dot Jenkins, who was in the audience, said she has reviewed this with the Town Accountant, the Town Administrator and the Town Treasurer, told the Board of Selectmen she is very comfortable with this. Ms. Neggers said it is important for the public to understand this is changing the structure of the town government. Ms. Neggers also recommended the Board of Selectmen have a formal, advertised, public hearing, prior to the Annual Town Meeting, inviting the public in who might have concerns or comments about this change. Mr. Guertin said this process will provide accountability on all of the financial components of the town, allowing opportunities for efficiencies that don’t exist right now, and he feels there are a lot of pluses to this change. Mr. Harrison added there will be better day after day coordination from a management perspective because only one person will be in charge. Ms. Neggers said with one person monitoring everything, it is much easier if there is a deficiency or a weakness, for it to be noted, brought forward, and corrected. Ms. Neggers feels any organization can improve and get better. Mr. Guertin said he feels this is the first step, and would also like to look at other aspects to accomplish more with spending fewer dollars than we are. Mr. Guertin also feels things aren’t getting done that need to be done and feels some of this organizational change might address that. Mr. Guertin added it is really the way we are utilizing the staff, and feels the need to keep looking at how we are doing things in town and to try to find better and more efficient ways of doing it.

Mr. Harrison made a motion to approve the bylaw language, moving it forward to a public hearing, and to authorize the Town Administrator to advertise the part-time treasure’s position. Mr. Guertin seconded and it was so VOTED.

Mr. Harrison made a motion to approve the bylaw changes proposed along with all the other related activity, which would include the public hearing relative to those changes and the ultimate approval of the Finance Department. Mr. Guertin seconded and it was so VOTED.

Receipt of Police Chief’s Report Relative to Alleged Criminal Conduct at Licensed Establishment (Magic Lantern):
Mr. Guertin explained Police Chief Stephen Kozloski has given the Board of Selectmen a report regarding the Magic Lantern. The report includes an allegation where the law of the Commonwealth has been violated on the site. Since the Board of Selectmen are the licensing authority for the Town of Monson, they have the right in accordance with Massachusetts General Law Chapter 138 Section 64, to request a hearing with the licensee to discuss this alleged violation. At the conclusion of that hearing, the Board of Selectmen may vote to modify, suspend, revoke or cancel the license.

Mr. Harrison made a motion to schedule the hearing with the licensee to address the alleged violation. Mr. Guertin seconded and it was so VOTED.

This will be scheduled for April 25th.

Reappoint Zoning Enforcement Officer:
Mr. Harrison made a motion to reappoint Chip Lapointe as the Zoning Enforcement Officer effective April 1, 2006 through March 31, 2007. Mr. Guertin seconded and it was so VOTED.

Annual Town Meeting and Special Town Meeting – Discussion of Scheduling Requirements and Setting of Warrants:
Ms. Neggers said the Annual Town Meeting is set for May 8th, the second Monday in May by the town bylaw. A Special Town Meeting within the Annual Town Meeting will be needed. Ms. Neggers went over some of the items that will be on the warrant for the Special and Annual Town Meetings.
Mr. Harrison made a motion to open the Annual Town Meeting and Special Town Meeting warrants for May 8, 2006. Mr. Guertin seconded and it was so VOTED.

·       Mr. Harrison read the request for an article into the record from Linda Hull on behalf of the Planning Board, for the proposal of a zone change, an amendment to the zoning map, from Thomas R. Pratt, Trustee and Gary S. Pfisterer of the Buckwell Realty Trust, to make the entire 6.617 acres one zone, village residential. The Planning Board does not recommend doing this, assuming the next proposal will be accepted. Ms. Neggers explained this request would still have to be placed on the warrant.

·       Mr. Harrison read the next article into the record, stating the Planning Board reviewed a proposal zone change at a public hearing, an amendment to the zone map for properties on the easterly side of Main Street from Wales Road north to property formally known as Zero Manufacturing, but not including Zero Manufacturing.. The Planning Board does recommend this article.

Mr. Harrison made a motion to place the two articles he just read on the warrant for the Special Town Meeting for May 8, 2006. Mr. Guertin seconded and it was so VOTED.

Mr. Harrison read a letter from John Morrell, the Highway Surveyor, into the record requesting the following articles for the Special Town Meeting warrant:

·       To see if the town will vote to transfer a sum of money from the Highway Salaries and wages account to the Highway Administration Account.
·       To see if the town will vote to transfer a sum of money from the Highway Salaries and Wages Account to the General Highway and Bridges Account.
·       To see if the town will vote to raise and appropriate and/or borrow the sum up to $480,000.00 to be used for construction projects authorized through the Chapter 90 transportation bond issues, provided however, that the town be reimbursed 100% of said sum upon project completion.

Mr. Harrison made a motion to place the articles he just read onto the Special Town Meeting warrant for May 8, 2006. Mr. Guertin seconded and it was so VOTED.

·       Mr. Harrison made a motion to place an article on the Special Town Meeting warrant to transfer or appropriate a sum of money to pay the towns’ share of the Flood of 2005 costs. Mr. Guertin seconded and it was so VOTED.

·       Mr. Harrison made a motion to place an article on the Special Town Meeting warrant to pay the towns’ share, $700.00, for the Emergency Mitigation Grant. Mr. Guertin seconded and it was so VOTED.

·       Mr. Harrison made a motion to place an article on the Special Town Meeting warrant for a sum of money to be placed in the Treasurer’s Salary Account to hire someone for the last month for a transitional period. Mr. Guertin seconded and it was so VOTED.

Mr. Guertin said the Board of Selectmen received a request on behalf of the Monson School Committee, to place an article on the warrant for the Special Town Meeting, to see if the town will vote to raise and appropriate, or transfer from available funds in the treasury, to the Monson School Committee budget for Fiscal Year 2006, a sum of money to meet necessary expenses, or take any action relative thereto. Mr. Harrison made a motion to place this on the Special Town Meeting warrant. Mr. Guertin seconded.

Ms. Norbut arrived at the meeting at 8:35 p.m.

Ms. Norbut said she was late to this meeting tonight because she has the opportunity to serve on the search committee for the new School Superintendent, which is going very well. This week, they are interviewing the semi-finalists. Ms. Norbut said she has concerns with this warrant request. It was explained the Board of Selectmen, the School Committee and the Finance Committee representatives met a week ago to talk about the current deficit that the school has in their budget, due to Special Education over-runs. Ms. Norbut said her concern isn’t that the school hasn’t taken extraordinary steps to try to grapple with a deficit that a month or so ago was $136,000.00, as the school has demonstrated tremendous skills with the interim Superintendent and current leadership of the School Committee, along with a will to really reduce this problem that was generated from Special Education. Ms. Norbut added this is by no means the fault of the students that these costs are incurred, but there is a real problem with being able to fund the mandated services for Special Education students. At this time the deficit has been reduced to just under $25,000.00. Last year, the School Committee was in a similar situation and Ms. Norbut said she wasn’t comfortable with it, but felt it was feasible to place on the warrant. It was passed at the meeting, while the Finance Committee voted to pass it over.  Ms. Norbut said last year the town was in a tight financial situation, and yet it was pre-flood, pre-energy spikes, and pre-negotiations of not giving raises to AFSCME town employees. Ms. Norbut said she feels this year it is fiscally detrimental to the town. The Finance Committee has been looking very closely at the budgetary needs to operate the town, capital needs and projections for the future. Ms. Norbut explained, this fiscal year in order to save funds, the town took steps not to replace a Cemetery worker, and this position needs to be replaced. The staffing in the Police Department hasn’t changed in twenty years, although the numbers of calls and arrests have increased hundreds of percentages. Ms. Norbut said she is concerned with the fact the town doesn’t have E.M.T.’s in the evening. She is also concerned the only social service program the town has is centered at the Council on Aging. And the list goes on and on she said. Ms. Norbut said she is also concerned that the mechanism of funding the back end is poor financial planning. This is a request above the appropriation and no one has fully discussed how this impacts Free Cash. Ms. Norbut said she has given this a tremendous amount of thought and she does not support this warrant article. Ms. Norbut added morally she can’t support this after asking town employees to sacrifice their own earnings to balance the town budget. Ms. Norbut reiterated about the flood a few months ago, in October 2005, when at 2:15 a.m. the Highway Surveyor called her and the State of Emergency was declared. All through that weekend the people showing up to do the job were the people who were taking no raises. Ms. Norbut said her recommendation is to encourage the School Department to move forward to get to the finish line, balance the budget and if there is an emergency at the end of the year, maybe look to a reserve fund which has approximately $26,000.00 in it at this time. Ms. Norbut noted this is not a unique problem as it is happening everywhere, and added, there is no blame to be dispersed as she just thinks the mechanism of looking at this deficit is first to really encourage the School Committee to close up this piece and come in together at the town meeting to really look at Monson’s fiscal future and to look at the revenue we need for municipal operations and the revenues we need for school operations that are really adequate.

Mr. Guertin said there is a lot of emotion around this issue. He said he saw action at a recent school committee meeting that he hasn’t seen in the last five years and was pleased when the interim Superintendent earlier in the month froze all additional expenditures except what was absolutely necessary, and managed to find $100,000.00 to offset a deficit that was well over $100,000.00. At that meeting, he indicated the deficit was around $24,000.00. Mr. Guertin noted the net school spending is a moving target with kids moving into town and leaving town and added it was discussed at length how it is imperative the School Department and the School Committee come up with a contingency fund of some kind to hold in reserve during the course of the school year to potentially offset these variances that might occur. Mr. Guertin said there seemed to be a commitment by the School Committee that when they get into the next school year, they are going to do this in an effort to minimize. There also seems to be a commitment they are going to try to manage the budget a lot more closely so the town won’t get into the situation it is in. Mr. Guertin feels they are making a sincere effort and given the nature of this, it does need to be on the warrant for the voters to decide at the Town Meeting what they do or do not want to do.

Mr. Harrison said at the meeting between the Board of Selectmen and the School Committee, he told them there is a need to try to hold this to zero, but realizes they may not be able to do that. Mr. Harrison said he is sensitive to the fact that some employees didn’t receive raises this year, but he didn’t want to take it upon himself to make the judgment for the rest of the town and as a matter of principle, he wants to put his faith in the townspeople at the Special Town Meeting to make the decision whether this is a wise expenditure. Therefore, Mr. Harrison said he looks to the wisdom of the voters to determine this.

Mr. Harrison and Mr. Guertin both voted – Aye      Ms. Norbut voted - Nay

·       Mr. Harrison made a motion to place an article on the Annual Town Meeting warrant to see if the town will vote to purchase and/or bond, a new ambulance for the Fire Department. Mr. Guertin seconded and it was so VOTED.

·       Mr. Harrison made a motion to place an article on the Annual Town Meeting warrant (this was a sample) to see if the town will accept Sections 3 to 7 inclusive of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act including acquisition, creation, and preservation of open space. The Acquisition and preservation of historic resources. The acquisition, creation, and preservation of land for recreational use. Creation, preservation, and support of community housing. Rehabilitation and restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided under said Act. To determine the amount of such surcharge on real property as a percentage of the annual real estate tax levy against real property to determine whether the town will accept any of the exemptions from such surcharge permitted under Section 3E of said Act, or to take any other action relative thereto. Ms. Neggers said this will be run past Town Counsel. Mr. Guertin seconded and it was so VOTED.

·       Mr. Harrison made a motion to create and place on the Annual Town Meeting warrant the creation of an Agricultural Commission for the Town of Monson. Mr. Guertin seconded and it was so VOTED.

Correspondence was read and completed.

In Other Business to Come Before the Board of Selectmen:
Ms. Norbut reminded the community of the kids fair on Saturday morning organized by the Palmer/Monson Family Network at Quarry Hill School from 9:00 a.m. to 1:00 p.m. geared toward young children with a lot of fun activities for them.

Ms. Norbut also congratulated our own Quaboag Highlanders Pipe Band as they were awarded the best of the parade in the Holyoke Saint Patrick’s Day Parade. Ms. Norbut added everyone is very proud of them.

Mr. Harrison reminded the viewing audience to vote in the annual town election on Monday, April 3rd from 8 a.m. to 8 p.m. Ms. Neggers said the voting information is on the Clerk’s web site at www.monson-ma.gov.

Mr. Harrison said the Monson Democratic Town Committee is sponsoring a candidates’ night dinner. Any and all candidates are welcome, as well as friends, family and supporters. Tickets are $15.00 each. This will be held at the Polish American Citizens Club. The Social Hour begins at 6:00 p.m. and the buffet dinner is at 7:00 p.m. Mr. Harrison said Senator Brewer will be there, but regretfully Representative Mary Rogness will not be able to attend.

At 9:25 p.m., Mr. Harrison made a motion to adjourn from open session to go into executive session for the purpose of discussing collective bargaining (IBPO;AFSCME), not to return to open session. Ms. Norbut seconded and it was so VOTED.


______________________
Edward S. Harrison, Clerk