Town of Monson, MA - Meeting of 2009-04/07

Meeting of 2009-04/07

BOARD OF SELECTMEN

TUESDAY, APRIL 7, 2009

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 John F. Goodrich II. 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 24, 2009 – open session. Mr. Guertin seconded. Mr. Harrison and Mr. Guertin voted aye. Mr. Goodrich abstained from voting as he was not present for the meeting.

Reorganization of the Board of Selectmen:

Mr. Harrison made a motion to reconstitute the Board of Selectmen as follows:

Richard E. Guertin – Chairman

Edward S. Harrison – Vice Chairman

John F. Goodrich II – Clerk

Mr. Guertin seconded and it was so VOTED.

Police Chief Kozloski – Discussion Re: Federal COPS Grant Program:

Police Chief Stephen Kozloski approached the Board of Selectmen and explained two grant opportunities being made available by the U.S. Department of Justice under the President’s Stimulus Program, which the Police Department could possibly be eligible to apply for.

The first grant is the COPS Hiring Recovery Program Grant which provides up to $1 billion in grant funding country-wide. The grant could be used to hire new officers, the rehiring of officers laid off, or the retention of officers scheduled to be laid off as a result of budget cuts at city and town levels. This is a three year grant in which the officers’ base salary is covered in full, including the officers benefit package. The only requirement is the position must be retained for a period of twelve months at the conclusion of three years with the town must absorbing the forth year salary and benefits for the position. After the forth year, it is up to the town if they want to keep this position or not. There is no match requirement for this grant. The deadline on the application filing is April 14^th. Chief Kozloski explained he has 3/4 of the application completed and was awaiting the sentiment of the town on whether to go forward or not on this, and if it would be used for hiring an additional officer or used to retain an officer that could conceivably get laid off in the future.

Mr. Guertin said due the budget crunch for FY 2010 and the two override questions not passing at the elections held last night, the town is looking at making some tremendous cuts of $200,000 to $300,000 and felt this might be a way of keeping an officer right now, and possibly by the fourth year the funds would be there to keep the officer.

Mr. Guertin asked if the grant could be submitted as an either/or with the explanation the town is unsure of the budget as it depends greatly on the budgets at the Governor’s level, but there is a potential an officer might be laid off, however if the funds are there to keep the officer could the grant then be used instead to possibly add a Resource Officer at the school.

Ms. Neggers noted at this time, the town is looking at making additional cuts to the budget of $417,000 and there is a likelihood the Police Department salary account will not be level funded, and based on information available today, the Police Department is certainly at risk for salary cuts. The situation could get worse or it could get better based on decisions from the House of Representatives. However if things change dramatically financially down the way, Ms. Neggers also wondered if the decision could be changed.

Chief Kozloski said he would check with the Department of Justice to inquire on this question.

The Board of Selectmen agreed to have Chief Kozloski move forward with this application, under the retention side rather than adding a position.

Chief Kozloski explained the second grant requires a 50% match by the town and is specifically designated for safety in schools and improving school related security. The grant could be used for equipment, technology, staff, programs, security cameras inside or outside, locks, metal detectors, lighting, training of personnel, security assessments, a School Resource Officer, essentially anything that supports a safe school environment.

Chief Kozloski said he has spoken briefly with Dr. Denault as well as the Safety Health and Wellness Committee at the School Department about this grant prior to tonight’s meeting, informing them the grant is available. Chief Kozloski said the need is here, he just didn’t know if the financial resources for it were available. At the time the grant is applied for, the matched appropriation must be in place, with the item and cost identified. Chief Kozloski said some grants permit the use of other grants to assist with the funding while some grants do not permit it. Chief Kozloski said he hasn’t looked into this grant yet to see if grant assistance is allowed.

Mr. Goodrich noted some of the stimulus funds coming through from the federal government are filtered into education and are to be use specifically for non recurring salary positions, and thought there might be some technical grants that could be used to assist this grant as the other half.

This grant has a deadline of May 8^th.

Mr. Mike Kane, Chairman of the Monson School Committee approached the Board of Selectmen and said he was in attendance at the safety meeting when this was brought up, with the administrators also present, and everyone felt video cameras on the outside and inside, as well as other types of safety equipment, could definitely be used at the schools, and felt this application at least warranted a discussion.

The Selectmen felt this is a great opportunity, especially if other grant funds could be used for the matching funds, and thought Chief Kozloski should pursue this grant application with the School Department.

Water/Sewer Superintendent Jalbert – Presentation of Requested Town Meeting Articles:

Water and Sewer Superintendent Craig Jalbert approached the Board of Selectmen to speak about the Town Meeting articles the Water/Sewer Commission have requested for placement on both the Special and Annual Town Meeting warrants.

Mr. Jalbert explained one of the Special Article requests is to establish a Stabilization Fund for the purpose of water system emergencies and capital improvements. A second Special article request is to transfer the MTBE awarded funds.

Mr. Jalbert explained MTBE is a gasoline additive that has recently been outlawed, and now ethanol is used in its’ place. MTBE had gotten into the Bethany Road and Palmer Road wells several years ago due to a leaking storage tank at the Getty Station on Palmer Road. In September of 2003, an Attorney approached the Water/Sewer Department, (as he was contacting communities who have had detections of MTBE in their water) papers were filled out to file a claim as the Attorney suggested, and Town Counsel reviewed them, and it was agreed payments to the Attorney would only be taken out if a settlement were awarded. In the fall of 2008 a check in the amount of $346,000.00 was received (after the Attorney’s fee was taken out) as part of the settlement. This still isn’t over as this was the settlement with only 70% of the plaintives. Mr. Jalbert explained this is part of a nationwide class action suit and Exxon Mobil, one of the largest claimants still hasn’t settled. Ms. Neggers noted another check was received last week or the week before for $15,000 and to date a total of $365,000 has been received.

Mr. Jalbert read a portion of the press release into the record that was provided by the Attorney at the time the suit was filed, stating if the MTBE contaminant were ever to be found in the water supply again in the future, this money is to be used for that, with the exclusion of the Bunyon Road well as that wasn’t contaminated by the MTBE and therefore wasn’t included in this suit.

Mr. Jalbert said the Water/Sewer Commission would like to establish a stabilization fund for the purpose of water system emergencies and capital improvements and transfer the MTBE proceeds into the fund.

Mr. Jalbert briefly explained his other Special article requests as follows:

To see if the Town will vote to transfer and appropriate a sum of money from the Water Enterprise Fund to go towards the State Revolving Fund Project or take any other action relative thereto.
To see if the Town will vote to transfer and appropriate a sum of money from the Water Enterprise Fund to the Corrosion Control Account or take any other action relative thereto.

Annual Town Meeting Warrant Articles – Special Town Meeting Within the Annual Town Meeting Articles:

Highway Surveyor John Morrell approached the Board of Selectmen regarding an article he has requested for placement on the warrant for the Harrison Avenue bridge and stated the repairs will be reimbursed 100% with 75% coming from FEMA and the remaining 25% coming from the State.

Mr. Morrell explained FEMA estimated the repair of the bridge, back on May 10, 2007, at $47,216.50. FEMA’s share, $35,412.38, was received up-front a few months ago. Mr. Morrell called the State to see where their share of the funds were, so he could get the repair work out to bid and start the permitting process, and was told the money has apparently disappeared and there is no longer any money in the fund. Ms. Neggers said she placed a telephone call to Senator Brewer’s office yesterday and did speak with Judy, the fiscal person at MEMA, who said they are trying to identify funds and aren’t sure what the status is. Mr. Morrell said the law states they are to reimburse Monson the 25%. Ms. Neggers added MEMA does want to pay Monson, they just need to locate the money.

Mr. Morrell said he fears the estimate submitted by FEMA is going to be low, and once put out to bid the amount will come in higher. If the bid does come in higher he won’t be able to award the bid. Mr. Morrell said he received a bid today from Northern Construction, who has done a lot of bridge work in the area, and the estimate they gave was $83,000.00, compared to the $47,216.00 bid received from FEMA.

The contract with FEMA expires on June 30, 2009. Mr. Morrell said he has to keep applying for extensions of time with FEMA to keep the money in the account, and he must apply for the latest extension by May 15, 2009. Mr. Morrell explained the bridge work has to be done in July and August when the water level is low.

Mr. Guertin asked if Chapter 90 funds could be used and then reimbursed once the money comes through. Mr. Morrell replied he could use the Chapter 90 funds without having to go to a Town Meeting, but was concerned about putting the reimbursement back into the Chapter 90 funds, without having to go to a Town Meeting for permission to do so. Ms. Neggers said it needs to be checked with the Department of Revenue, but felt if it was worded on the warrant article that the funds would go back into the Chapter 90 funds, that would be sufficient.

Mr. Morrell explained if the Harrison Avenue Bridge isn’t repaired, and anything should happen to any of the bridges downstream from any future flooding, it will not be eligible for reimbursement and would therefore be the towns’ responsibility.Mr. Morrell noted there is also a lot of personal property involved as well.

Ms. Neggers said she would check with the Finance Director prior to next Tuesday’s meeting (April 14^th) regarding this warrant article request.

Ms. Neggers read the remaining Special Town Meeting article requests as follows:

To establish a stabilization fund for the purpose of water system emergencies and capital improvements (as discussed earlier in the meeting by Mr. Jalbert).
To transfer and appropriate the proceeds of the MTBE Class Action Suit to the Water System Stabilization Fund (also discussed earlier).
To reduce the amount of funds appropriated at the May 2008 Annual Town Meeting to reflect reductions in state aid, $155,000 of these cuts have been identified.
To see if the Town will vote to transfer a sum of money from Truck Operating Account to Salaries & Wages Account or take any action relative thereto.
To transfer and appropriate a sum of money to the Town Clerk’s Salary Account.
To see if the Town will vote to transfer a sum of money from the Truck Operating Account to the Salaries & Wages Account or take any action relative thereto.

Mr. Harrison made a motion to place the above articles just discussed on the Special Town Meeting warrant. Mr. Goodrich seconded and it was so VOTED.

This warrant remains open until next Tuesday night, April 14, 2009.

Ms. Neggers explained the requests for the Annual Town Meeting warrant as follows:

The Assessor’s Office has submitted a request for the acceptance of a newly added provision of MGL Chapter 60A Section 1 that provides for the exemption for payment of motor vehicle excise taxes for MA residents who are on active military duty outside the country for at least 45 days of the excise calendar year. If accepted, all taxpayers in the community with delinquent motor vehicle excise bills will be charged an additional $3.00 when the excise taxes are sent to the deputy collector for collection. The current fee is $10.00.
To appropriate $$ to fund retirement withholding for retired employee who had been out on workers compensation prior to retirement.
To establish a stabilization fund for the Board of Assessors for the purpose of funding triennial and interim revaluation, cyclical inspections, maintaining the mapping program and ultimately funding a G.I.S.
To appropriate a sum of money to the Assessors stabilization account from the Overlay Surplus account.
To authorize the town to charge for each requested municipal lien certificate a fee of $50.00 per parcel of land as authorized by MGL Chapter 40, Section 22F, to be effective July 1, 2009.
Appropriate funds into the Fund Balance Reserved for High School Construction Debt.
To see if the Town will vote to appropriate or reserve from the community Preservation annual revenues in the amounts recommended by the Community Preservation Committee for committee administrative expenses, community preservation projects and other expenses in fiscal year 2010, with each item to be considered a separate appropriation.
Article amending the debt authorized at last years’ annual town meeting to include additional funds for the emergency generator and for the Quarry Hill pool filter.
Bylaw for a common access driveway.
Bylaw for commercial development.

It was agreed to forward the “Senior Work-off” program to the Tax Assistance for Seniors Committee for them to determine a need for a level of interest.

Ms. Neggers stated she has been assisting a gentleman on two articles petitioned on, and explained she presented the petitions to the Town Clerk who stated they do not meet the legal requirements as one of them does not have an adequate number of signatures and neither petition are in the proper format as the language is on one page and the signatures are on another. Ms. Neggers said she has been in touch with the gentleman who left a message on the answering machine to rescind these and he would bring in new documents. She will call the gentleman tomorrow to remind him of the cut off date of April 14^th, for submitting articles for placement on the Town Meeting warrant.

Mr. Harrison made a motion to approve the placement of the bulleted requests above for placement on the Annual Town Meeting warrant. Mr. Goodrich seconded and it was so VOTED.

Fiscal 2010 Budget – General Discussion and Identification of Process:

Ms. Neggers said the town meeting is coming up very quickly and reiterated the two override votes were defeated last night and explained the numbers from the state still are very tentative. The House of Representatives is expected to release their budgets with their recommendations this week and every indication is that it is becoming bleaker instead of getting better. Ms. Neggers said locally decisions on how to proceed and present the budget to the voters and prepare them for the potential impacts must be done.

Ms. Neggers said she and Finance Director Deborah Mahar believe the town needs to balance the budget compared with the Governor’s lowest state aid figure instead of the higher figure, and suggested the need to start putting some numbers together. A lot of cuts have already been made to the budget and another $417,680.00 is needed. Ms. Neggers added we have reached the point where we are now into salaries, as all the easy items have been eliminated.

Mr. Guertin felt the cuts should be prioritized in order to get to the $417,000.00 and if the money comes back, the cut items could be restored. Ms. Neggers responded it’s going to be much harder this time as we are talking about people’s jobs. Mr. Goodrich felt it was different in dealing with salaries vs. expenses.

Ms. Neggers said if the Board of Selectmen decided to go with the Governor’s lowest numbers and go with Net School Spending, which is about $190,000.00 less than level funding, they would need to cut an additional $180,000.00 off of the town departments. If it was decided to try to level fund, the numbers would be reduced by another $79,114.00 but would still need to cut another $338,000.00 off of the town budget.

Mr. Goodrich said he would be interested in finding out from the department heads what level of salary reductions every department would be able to sustain before they become a dysfunctional department. Ms. Neggers responded the Finance Committee had the department heads come in to speak with them and what she has heard from the department heads is their staff is their critical piece of their operation, and it puts the town’s finances at too much risk to not have something in place there. Most of the offices currently are at bare bones for staffing, which is why it was only discussed to reduce some of the hours. Mr. Guertin said one option discussed was a four day work week which he felt the option would penalize everyone by reducing 80% of their salary vs. laying off a few employees who would possibly be able to find employment elsewhere. It was mentioned the elimination of positions has been looked into as well with the elimination of a Highway Department employee, a police officer a Cemetery employee, Board of Health clerk, and the Collector’s clerk. Ms. Neggers said the town budget right now does not include raises, as they have already been cut and doesn’t have any increases in expense accounts. Ms. Neggers said she would get the Department Heads together to see what they suggest, even though most of them are saying now they can’t possibly cut anymore than they already have. Ms. Neggers suggested looking at how much money could be saved by cutting two hours and then four hours from all of the employees per week. Ms. Neggers noted most cities and towns across the Commonwealth are saying they favor saving the Police, Fire and education.

Mr. Guertin requested a copy of the total budget and the cuts list prior to the Selectmen’s meeting next week. Ms. Neggers said she would email this.

Review Insurance Advisory Committee Recommendation:

Ms. Neggers explained the plan design changes and said the Insurance Advisory Committee recommended the elimination of the MIIA VIP 2000 Indemnity Plan and the HMO Blue $1,000 Deductable Option Plan. The committee voted by majority vote to recommend changing the current MIIA HMO Blue Plan to lower the monthly payments and increase the co-payment for primary care physician and specialist physician office visits to $20.00, increase the co-payment for emergency room care to $75.00 and increase the prescription drug co-payment for mail order – up to 90 day supply to Tier 1 - $20.00, Tier 2 - $40.00 and Tier 3 - $70.00; for a savings of $60,000.00.

Mr. Harrison made a motion to accept the recommendations of the Insurance Advisory Committee as just described. Mr. Goodrich seconded and it was so VOTED.

Create Monson Developmental Center Transition Advisory Committee:

Mr. Harrison made a motion to appoint Kathleen C. Norbut, Fire Chief George Robichaud; Police Chief Steve Kozloski, Building Inspector Chip LaPointe, Water/Sewer Superintendent Craig Jalbert, Town Administrator Gretchen E. Neggers and resident David Royce to the Monson Developmental Center Transition Advisory Committee effective immediately through June 30, 2009. Mr. Goodrich seconded and it was so VOTED.

Ms. Neggers noted the first meeting is scheduled for April 24, 2009 with a second meeting scheduled for May 1, 2009 with DCAM (Division of Capital Asset Management).

Renew Pool Table and Auctioneer Licenses:

Mr. Harrison made a motion to approve the renewal of the Auctioneer license for Frank Kapsia d/b/a Wintergarden Auctioneer Services. Mr. Goodrich seconded and it was so VOTED.

Mr. Harrison made a motion to approve the renewal of the Pool Table licenses for Tee Jay’s, Inc.; the Polish American Citizens Club; 10^th Planet LLC d/b/a 10^th Planet Pizza; Donald Bean d/b/a Partridge Hollow Camping Area; and Sunsetview Farm Camping Area, Inc. Mr. Goodrich seconded and it was so VOTED.

In Other Business to Come Before the Board of Selectmen:

The Board of Selectmen agreed to meet every Tuesday during the month of April.
Mr. Harrison made a motion to reappoint Chip LaPointe as the Zoning Enforcement Officer for the Town of Monson effective April 1, 2009 through March 31, 2010. Mr. Goodrich seconded and it was so VOTED.

Correspondence was read and completed.

At 9:12, Mr. Harrison made a motion to adjourn from open session to go into executive session for a discussion of collective bargaining, not to return to open session. Mr. Goodrich seconded and it was so VOTED.

______________________

John F. Goodrich II, Clerk