BOARD OF SELECTMEN
TUESDAY, MARCH 27, 2007
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 Richard E. Guertin, Edward S. Harrison and Kathleen C. Norbut. Also present were the Town Administrator and the media.
The Pledge of Allegiance was recited.
Acceptance of Meeting Minutes:
Ms. Norbut made a motion to accept the meeting minutes of March 13, 2007 – open session. Mr. Harrison seconded and it was so VOTED.
Pole Petition #8280 – One New J.O. Pole on Ely Road:
Ms. Norbut read pole petition #8280 into the record for Ely Road. There was no one in the audience to speak for or against the petition and the Water/Sewer and Highway Departments expressed no objection to the pole location.
Mr. Harrison made a motion to accept pole petition #8280 as presented. Ms. Norbut seconded and it was so VOTED.
Bylaw Proposal – Mr. Robert Kaddy:
Mr. Guertin reiterated that Mr. Kaddy attended a Selectmen’s meeting a few months ago with a request for a proposed bylaw he would like placed on the Town Meeting warrant. Mr. Kaddy approached the Board of Selectmen and read the vote to amend the general bylaws into the record, by adding the following new bylaw “The Private Policy Protection Act of 2007” – The authority of the Town of Monson and its’ agency, the local government, as reserved to localities under Chapter 79 of the Massachusetts General Laws to seize privately owned parcels against the expressed will of the owner through the use of eminent domain procedures, shall in light of Kelo vs. New London, be specifically further limited as follows:
1A. To only those proposed taking actions incorporating the transfer of private parcels to the Town of Monson or any of its authorized agencies of local government and under no circumstances to any private party and;
2A. To only those proposed taking actions whose purpose is the creation of a facility for actual public use and ownership, to include public open spaces, parks and watershed protection districts and never for the purposes of economic development or the enhancement of the local tax base. Nothing in this bylaw shall limit the authority of the Town of Monson or its authorized agencies of local government, to seize property that is endangering the health and safety of its residents or which could otherwise be seized or foreclosed upon for tax delinquency in accordance with provisions of Chapter 60 of the Massachusetts General Laws”.
Mr. Kaddy stated this language is the exact language used by the Town of Scituate in their bylaw, which was approved by the Attorney General’s Office. Mr. Kaddy presented the Board of Selectmen with a petition he had taken containing twelve signatures.
Mr. Guertin said he couldn’t imagine a situation arising in Monson where this bylaw would be necessary, but felt it was best to place it on the warrant for the towns’ residents to vote upon.
Ms. Norbut added the Board of Selectmen couldn’t take land by eminent domain without it having gone before the voters at a town meeting. Ms. Norbut noted that through Mr. Kaddy’s correspondence with Senator Brewer, he is also looking and has sponsored legislation for eminent domain protection for localities as well.
Ms. Norbut made a motion to approve the article as submitted, pending approval of Town Counsel. Mr. Harrison seconded and it was so VOTED.
Arts Council – One Day Special Wine License:
Mr. Guertin explained the Monson Arts Council is holding an event on April 13th in the House of Art from 6:00 p.m. to 8:00 p.m. and are requesting approval for a special one day license for wine. The Arts Council is not going to sell the beverages, but just serve it.
Ms. Norbut made a motion to approve the request for a special license for wine only to the Monson Arts Council, Inc. on the date of April 13, 2007, for the hours between 6:00 and 8:00 p.m. Mr. Harrison seconded and it was so VOTED.
Community Relations Committee – Regarding No Place for Hate® Programs:
Ms. Norbut said she wanted to take a few minutes to speak a little bit about the Community Relations Committee, which is a Committee that was started about seven years ago in Monson with representatives from Parks & Recreation, the Board of Selectmen, the Library, the School Department and School Committee members, Council on Aging, the Arts Council and clergy. The Community Relations Committee meets once a month on the first Tuesday of each month at 1:00 p.m. in this room. The mission of the Community Relations Committee (CRC) has been twofold. One has been very practical and is to enhance communication between organizations by doing different types of community based projects and programs in Monson. The second is to work with the Anti-Defamation League, which is offered through the Massachusetts Municipal
Association (MMA). The MMA is the association that works for the cities and towns with the legislature to move issues forward for the benefit of cities and towns. The MMA has worked together with the Anti-Defamation League to create a program called “No Place for Hate®”. No Place for Hate® is specifically about hate and bias types of crimes or different types of incidents that might happen in a community. Ms. Norbut said Monson has been very fortunate in applying for grant funding from the Anti-Defamation League and she believes Monson is going to be receiving our 5th year in matching grants. The Library, Monson Arts Council, the School Department and the Unitarian Church have helped with these programs. Monson will be receiving $1,000.00 where it is transformed into wonderful programs. They have had theatrical programs, artistic types of programs, speaker programs and musical programs, and have worked with young people as well as with elders. Ms.
Norbut explained, throughout the year, the Council on Aging will be hosting International luncheons. The first luncheon will be held on Thursday, April 26th, partnered with the Community Relations Committee, for a charge of $3.00. This luncheon will be a South African dinner with a guest speaker who will speak about life in South Africa. The Unitarian Church, at 7:00 p.m., also on April 26th, will host a South African choral ensemble free of charge and open to the public for all ages. Scheduled for the International luncheons is a Puerto Rico Day and festival, a Portugal Day, and two or three other countries will also be hosted and highlighted throughout the year.
Fiscal 2008 Budget – Discussion Regarding Proposition 2½ Override Vote:
Deborah Mahar, the Finance Director approached the Board of Selectmen. A lengthy discussion was held regarding the request of the School Department for the placement of a Proposition 2½ override in the amount of $1.4 million on a ballot. The School Committee met (last night) Monday, March 26th, and endorsed the 1.4 million dollar override. Mr. Morrell is requesting $125,000.00 on an override as well for the repair of roads. Mr. Morrell said it would cost taxpayers more to fix their vehicles from traveling over the bumpy roads than it would to fund the $125,000.00 override he is seeking.
It was explained an override permanently raises the levy past the annual 2.5 percent increases. Ms. Mahar said if the $1.4 million override is passed, the owner of the average home valued at $220,000.00 would pay an extra $435.00 in property taxes.
Mr. Harrison said there isn’t enough money for all of the towns’ needs and added he wanted to make it perfectly clear that no one is enthusiastic about raising property taxes; however, if residents want a good educational system, streets that are well maintained, fire and police protection and ambulance service, it’s going to cost money. If an override were placed on a ballot, residents could decide if they wanted to fund it. Mr. Harrison added the Finance Committee is doing a great job with the cuts, but he had no problem passing a motion to have a ballot that lets the people decide as ultimately the town’s people are in control.
It was explained the School Committee is hoping to add at least thirteen jobs if the override passes. The positions would be to hire a foreign language teacher and guidance counselor at the middle school, a reading specialist and a music teacher at Quarry Hill Community School, an elementary adjustment counselor, a maintenance supervisor, a technology assistant, and 7th and 8th grade teachers for a new math model. Without the extra funding, up to eight teachers could lose their jobs according to the School Committee. It was reiterated the School Department is going to receive almost $500,000.00 less than anticipated.
Mike Kane, who was in the audience said if the override is not passed it, would mean the lay off of seven to nine people in the School Department and they have already had severe cuts in personnel over the last several years. The School Department is hoping to bring back some of these positions. Mr. Kane added the buildings also need to be taken care of and this has been put into the budget as well. Mr. Kane said 90 percent of the contracts are for less than 3.5 percent increases while the others are for 5 percent. Mr. Kane said the School Committee had concerns regarding the increases in salary but felt if the staff wasn’t paid appropriately they would leave.
Ms. Norbut suggested the Board of Selectmen wait until a later date to decide whether or not to place the requested override on the ballot allowing the board time to contact the Legislature and to give the Finance Committee more time to come up with its recommendation, as she felt it was premature at this point. Ms. Norbut also questioned when the School Committee would be holding its budget public hearing. Ms. Norbut said she was under the impression a $500,000.00 override was being discussed when she attended a PTSA meeting two weeks ago and was surprised when she heard about the $1.4 million currently proposed. Ms. Norbut added the School Department raises have ranged between 3.5 percent and 5 percent, while town employees had no raises in 2003 and 2006. Ms. Norbut said the town has worked so hard to be fiscally
conservative; it seems to her to be an emotional rush to move forward regarding the override. Ms. Norbut said many of the residents in town are seniors on fixed incomes who wouldn’t be able to afford the higher taxes and said anyone who wishes to speak with her, is welcome to call her. Ms. Norbut also said the budget not only effects the school, but all of the departments as there is a shortage of police officers, the highway department is short on personnel, clerical employees are needed, the Meals on Wheels program, etc. and really wanted to hold off on making a decision as the town faces this dilemma every year.
Mr. Guertin added the town as a whole has been struggling with money, but had no problem with placing this request on a ballot as he doesn’t foresee enough money coming from the state. Mr. Guertin added if the School Department requests too small of an amount, and later finds out that it is not enough, they can’t go back and request more, on the other hand if they request too much it might not pass. Mr. Guertin felt this needed to be voted on tonight because if teachers are going to be laid off the School Committee needs to know before the end of the school year.
Town Clerk Nancy Morrell approached the Board of Selectmen. Mr. Harrison asked Ms. Morrell if the money did come through and a ballot is not required, could the election be canceled. Ms. Morrell responded as long as the warrant hasn’t been posted. Once the warrant is posted it can’t be canceled.
Ms. Neggers said she did an analysis going back to 1974 and the Fiscal Year 2008 amount is the lowest amount the School Department has received. Ms. Neggers added the numbers for Monson could go up $100,000.00, but we would not have the final numbers until after the new fiscal year. The Finance Committee has put together a budget using these numbers and added it is not as ugly as it could have been. However, Ms. Neggers said the numbers are not going to change dramatically and feels the time has come to ask the people to vote on this and the sooner the better. Ms. Neggers said other departments are critical, but not urgent.
Robert Kaddy, a resident of Butler Road who was in the audience, also expressed his concerns to wait on this to allow the Finance Committee time to plan their strategy.
Sandra Courtney, a resident of Wales Road who was in the audience, asked if other departments wished to tack on requests, would the amount of the override increase? Mr. Guertin responded the Board of Selectmen oversees the language and the amount placed on the ballot. After discussing this, the Board of Selectmen agreed to limit the override to the requests of the School Department and the Highway Department only.
Ms. Morrell said she would need the paperwork no later than April 25th.
Mr. Harrison made a motion to hold a Proposition 2½ Override election scheduled for June 18, 2007. Mr. Guertin seconded and it was so VOTED.
Ms. Norbut made a motion to limit the override requests to the School Department and the Highway Departments only. Mr. Harrison seconded and it was so VOTED.
Schedule Special Town Meeting:
Ms. Neggers said it is normal practice to have a Special Town Meeting within an Annual Town Meeting.
Mr. Harrison made a motion to hold a Special Town Meeting on May 14th within the Annual Town Meeting with the closing of the warrants on April 10th. Ms. Norbut seconded and it was so VOTED.
Commence Review – Annual Town Meeting Articles:
· Ms. Norbut read and made a motion to place on the warrant for the Annual Town meeting an article to see if the Town will vote to accept the provisions under MA G. L. Chapter 184 § 51 of the Acts of 2002 to increase the Clause 41C exemption amount to $750.00; to increase the single & married maximum incomes to $15,000.00 and $20,000.00 respectively; and to increase the total maximum assets for single and married to $30,000.00 & $35,000.00 respectively or take any other action thereto. Mr. Harrison seconded and it was so VOTED.
· Ms. Norbut read and made a motion to place on the warrant for the Annual Town meeting an article to see if the Town will vote to implement a Community Preservation Act exemption application deadline to be filed with the Board of Assessors on or before December 15th or 3 months after actual (not Preliminary) tax bills are mailed for the fiscal year if later or take any other action thereto. Mr. Harrison seconded and it was so VOTED.
· Ms. Norbut read and made a motion to place on the warrant for the Annual Town meeting an article to see if the Town will raise and appropriate or transfer from available funds (a sum of money/to be determined) to update the Town of Monson Assessors as recommended by the Department of Revenue. Mr. Harrison seconded and it was so VOTED.
· Ms. Norbut read and made a motion to place on the warrant for the Annual Town meeting an article to see if the town will vote to raise and appropriate or transfer and appropriate and/or borrow the sum of $450,000.00 to be used for construction projects authorized through this year’s Chapter 90 transportation bond issue, provided however, that the town be reimbursed 100% of said sum upon project completion. Mr. Harrison seconded and it was so VOTED.
· Ms. Norbut read and made a motion to place on the warrant for the Annual Town meeting an article requested by the Planning Board to accept Heritage Lane and McCray Circle as Town ways. Mr. Harrison seconded and it was so VOTED.
· Ms. Norbut read and made a motion to place on the warrant for the Annual Town meeting an article requested by the Zoning Board of Appeals regarding Section 23D Chapter 30 of the Mass. General Laws: (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall
certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.
(b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section. Mr. Guertin seconded and it was so VOTED.
· Ms. Norbut read and made a motion to place on the warrant for the Annual Town meeting an article requested by the Monson Public School District to raise and appropriate or transfer a sum of money to be used for the establishment of the Technology Lab at Monson High School.
And to raise and appropriate or transfer a sum of money to be used for the modification and upgrade of the intrusion alarm systems at the School department Building. Mr. Harrison seconded. Mr. Guertin voted against this request as he wondered where the funds would come from.
Authorize Contract with Allied Waste for Solid Waste Disposal:
Ms. Neggers said for the past several months, the Board of Health has been negotiating with Allied Waste on the contract renewal. They have reached an agreement and have forwarded it to the Board of Selectmen, who are the authorizing agent for signing the contract. There have been some minor modifications to the new contract, such as more help during Bulky day. This is a five year agreement. The first year shows a seven percent increase with the following four years being linked to the CPI Index and capped at a maximum of four percent. Ms. Neggers added the Board of Health did a wonderful job reaching this agreement and it is a very successful program.
Ms. Norbut made a motion to approve the contract proposal with Allied Waste as presented by the Board of Health effective July 1, 2007. Mr. Harrison seconded and it was so VOTED.
Authorize Snow and Ice Deficit Spending:
Ms. Neggers explained this request.
Ms. Norbut made a motion to approve the Snow & Ice deficit spending recently approved by the Finance Committee. Mr. Harrison seconded and it was so VOTED.
In Other Business to Come Before the Board of Selectmen:
Mr. Guertin reminded everyone Monday is Election Day and encouraged everyone to come down and vote. From 8:00 a.m. to 8:00 p.m.
Correspondence was read and completed.
At 9:10 p.m., Mr. Harrison made a motion to adjourn from open session to go into executive session for the purposes of collective bargaining and non-union bargaining discussions, not to return to open session. Ms. Norbut seconded and it was so VOTED.
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Kathleen C. Norbut, Clerk
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