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Meeting of 2010-07/13
BOARD OF SELECTMEN
TUESDAY, JULY 13, 2010

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 Edward S. Harrison, John F. Goodrich II and Dr. Richard M. Smith. Also present was the media. Town Administrator Gretchen Neggers was not present.

The Pledge of Allegiance was recited.

Acceptance of Meeting Minutes:
Mr. Goodrich made a motion to accept the meeting minutes of June 22, 2010 – open session. Dr. Smith seconded and it was so VOTED.

Cable Television Renewal License Proposal – Request for Public Input:
The public hearing was opened at 7:05 p.m. Mr. Harrison noted he is Chair of the Cable Advisory Committee; the other members are Police Chief Steven Kozloski and Town Clerk Nancy Morrell. Monson’s Comcast contact person John Bairos was in the audience and Mr. Harrison explained the Committee has been negotiating with Mr. Bairos on a new ten year cable television contract for the Town of Monson.

Mr. Harrison explained the current Comcast contract expires on August1st. The contract the committee is recommending is similar to the contract signed ten years ago. According to federal and state laws, there are two things which can’t be negotiated upon; they are the prices for the services provided and the programming provided.

Mr. Harrison said the area the committee looked at and negotiated very hard on is the Public Education and Government support (PEG), provided by Comcast. The PEG takes two forms Mr. Harrison explained one portion is 5% of Comcast’s annual gross revenue from the town, which comes back to the town.

Monson gives MPACT a portion of the 5% for providing the towns’ public televised service. The 5% currently amounts to approximately $116,000 per year, whereas ten years ago this amount was quite a bit less. Ten years ago, the town negotiated a contract with Comcast stating of the 5% of the gross revenue, the town would retain 1% for municipal technology. Mr. Harrison explained this is essentially what has funded the towns’ computer network capability for the Town Office Building, as there isn’t an actual technology budget. The departments pay for their own computers out of their line item budgets. Payments received from Comcast go into a Revolving Fund for the 1%, or approximately $22, 000 per year retained by the town.

Mr. Harrison noted this year the Cable Advisory Committee is recommending an additional .25% cut from the 5% for the town, for a total of 1.25%, which would amount to approximately $6,000 per year, to be used through the town’s technology fund. Mr. Harrison said he has had long discussions with the Director of MPACT, Bruce Henriques, and has met with the MPACT Board of Directors, who are not happy with this decision, meaning a .25% cut for them, or 3.75%. MPACT currently receives 4% of the 5%. Mr. Harrison said Monson does not have a contract with MPACT.

Mr. Harrison said the second item negotiated upon is, Comcast provides a capital budget for the two Public Education and Government channels received and this has been negotiated to a figure of $45,000 over four years. The capital amount all goes to MPACT for capital expenditures, such as the upgrades required to keep up with the digital world, etc.

Mr. Harrison said there is a letter of agreement for the Senior Citizen discount, which has changed very slightly. It has been grandfathered in for the customers currently receiving the discount, and in going forward it is based on a maximum of $2.00 per household, where the head of the household is over 65 years of age, which Mr. Harrison said is just about the same as before.

Mr. Bairos said it has been a pleasure working with Mr. Harrison and the Cable Advisory Committee and feels this is a good proposal for the town.

Mr. Harrison reiterated this contract is only for the cable television and does not include the internet or telephone services as the town has no right to negotiate any of those terms.

Mr. Goodrich asked if MPACT was a private company. Mr. Harrison responded MPACT is a private non-profit company. Mr. Goodrich said he noticed in the package he received in the mail from MPACT voicing their opinion and supporting documentation on programming, there was nothing regarding salaries or the salary structure and wondered if they are non-profit if this was public information or if they were protected under the privacy law. Mr. Harrison said he wasn’t sure, but he does have a 2007/2008 auditors report which shows expenditures, revenues, etc. and added he doesn’t feel they are hurting for money. Mr. Goodrich felt the town is cutting departments and services and was confused as to where the impact actually is, as he has received a handful of emails from residents urging support for MPACT and upset with the proposal of the town getting an additional .25%, yet he listens to the majority of citizen’s concerns while sitting in the Town Hall regarding the lack of funding for town programs, services, etc., while the town is handing over what is rightfully town money to another organization.

EmmaLadd Shepherd of Carpenter Road spoke stating she was on the original board with MPACT back in 1985 and said there is a federal town communications law requiring public access television be available to citizens of any town in the country, dating back to 1936 and prior to televisions even being around. Mr. Goodrich explained he wasn’t trying to stop the public access television, he was simply indicating at a time when the town is cutting everything across the board, the .25% being negotiated, which totals $9,000 a year over ten years ($90,000 total) can be spent on technology, as the town has needs too, and was just surprised over the response to a .25% reduction for MPACT. Mr. Harrison noted if the Town no longer wanted MPACT to provide the service, the town does have the option to provide the service itself in some fashion, purchase equipment and hire a staff with the $116,000 received from Comcast, or find someone to do it cheaper. Dr. Smith felt the citizens who wrote the letters in support of MPACT maintaining the 4% must have had a misunderstanding of just how much money .25% was, and felt they must have thought it was a much higher amount. Mr. Harrison said based on the last check received from Comcast, $116, 420 is the total amount, if we bump it up from 1% to 1.25%  it would total $5,673 for the town and $5,673 less for MPACT.

EmmaLadd Shepherd also said several roads in town do not have cable, and named Upper Hampden Road as one of them, and asked if this could be looked into. Mr. Harrison said he would try to put the residents in contact with the appropriate person from Comcast to resolve this issue.

The Board of Selectmen unanimously agreed to not make any decisions until the next Selectmen’s meeting scheduled for July 27th to allow additional time to review the proposed contract.

The public hearing was closed at 7:35 p.m.

Monson Rotary – Request for One-Day Liquor License:
Susan Dominick and Mike O’Grady approached the Board of Selectmen. Ms. Dominick explained the Monson Rotary and the Monson Cultural Council are working together to promote an eight piece jazz ensemble, performing Big Band Swing favorites, as part of Monson’s 250th anniversary celebration. The event will be held on Tuesday, July 20th starting at 6:30 p.m., with music from 7:00 to 8:30- p.m. at Memorial Hall, rain or shine. Cheese, crackers and fruit along with beer and wine will be served from 6:30 to 9:00. ID’s will be checked at the door.

It was noted the Monson Rotary has submitted a copy of the insurance certificate with the request.

Mr. Goodrich made a motion to approve the one day liquor license as presented. Dr.  Smith seconded and it was so VOTED.

Monson 250th Committee – Request for One-Day Liquor License:
Jeannie Guertin approached the Board of Selectmen and explained the 250th Anniversary Committee is planning a scavenger hunt for September 25th. Ms. Guertin explained they are hoping to get 20 teams of four individuals to participate in finding items and/or photo challenges, which will be supplied to them. Each team will receive a tee-shirt and disposable digital camera for the photo challenges. A number of clues given will pertain to Monson’s history and said she feels it will be a fun event with cash prizes for the top three winning teams and a prize for the most creative team name.

Ms. Guertin explained Memorial Hall will be the headquarters for the scavenger hunt, where the teams will register, disembark from, and then reconvene. There will be refreshments and live music while the teams await the final results. The 250th Anniversary Committee would like to sell beer and wine as part of the refreshments at the Finish Line Party and have two volunteers who are TIPS trained. ID’s will be checked to make sure no under-aged patrons are served. Ms. Guertin also requested the $50 fee be waived.

The Board of Selectmen agreed not to waive the $50 fee as that would create a problem with future requests from other groups.

Mr. Goodrich made a motion to approve the one day liquor license pending receipt of the certificate of insurance. Dr. Smith seconded and it was so VOTED.

Dave Ramsey and Keep Homestead Museum Board of Directors Chairperson EmmaLadd Shepherd – Regarding a Community Supported Farm for Residents:
David Ramsey and EmmaLadd Shepherd approached the Board of Selectmen. Ms. Shepherd said Mr. Ramsey has been gardening in Wilbraham for a number of years and wondered if something like that could be done in Monson. Ms. Shepherd added the Keep Homestead Museum would be happy to provide the land, but they don’t have the money as the house needs a new roof and they have just upgraded the electrical system. They are planning to apply for a CPA grant, but feel there is no assurance they will receive it and it will be fall before they know if they have been approved. Ms. Shepherd felt this project needed to be started this summer in order to be successful. Mr. Ramsey proposed twelve garden plots for $20 each. The garden itself will be 55’ X 190’, approximately ¼ acre. The garden plots will be 20’ X 30’ or 600 sq. feet each, allowing pathways between plots. The spaces won’t be rented until next year. The gardens could contain flowers, vegetables, or both.

Ms. Shepherd said the proposed garden will be adjacent to the Keep Homestead Museum parking lot and noted they are working with Leslie Duthie of the Conservation Commission to see if some of the trees along Ely Road could be cut which are shading the garden area, and added the Tree Warden John Morrell, has agreed to take the trees down. Pete Lloyd has agreed to do the prep work or removing rocks, plowing, spreading lime and manure and rototilling.

Ms. Shepherd said Monson Savings Bank has agreed to provide the funding to extend the water line to the garden area, and requested a donation from the Gifts to the Town Account in the amount of $3,255. The timer for the water will cost $245, to register as a town business is $35 and $2,595 will be needed for the tool shed, delivery and set up costs. The timer would make sure the water didn’t get left on by gardeners or vandals and the prebuilt tool shed would store wheelbarrows, shovels, rakes, etc. Ms. Shepherd said the Monson Police and neighbors keep a really good eye on the Museum and they haven’t had any problems there, and also noted an alarm system has been installed.

Mr. Goodrich said the majority of the $3,255 request has time and could wait until spring, which he said he like to do to see if Community Preservation funds could be used rather than tapping into the town funds. Mr. Harrison wondered who would manage the garden and who would keep the shed key. Mr. Ramsey said the key would be included in the rental fee and returned at the end of the year. Mr. Ramsey also noted Wilbraham hides a key for access to the shed rather than providing a key to everyone.

Ms. Shepherd had a copy of the Wilbraham contract and agreed to retype it to fit Monson.

The Board of Selectmen agreed they would like to see the written contract and have town counsel look it over, a more structured writing of who to contact with problems and the chain of commands, who is doing what, such as handling the funds, etc. Mr. Goodrich said he supports the concept, but felt the dollars are coming up before the documents are in place. Mr. Harrison wondered about liability with the activity on Keep Homestead property. Ms. Shepherd said there will be a waiver for people to sign. Mr. Harrison wondered about someone signing the waiver and then bringing a guest with them and the guest being injured and who would be responsible. Ms. Shepherd said this has not been an issue in Wilbraham.

The Board of Selectmen agreed they would like to see the above mentioned items prior to making any decisions. Ms. Shepherd agreed to come back in two weeks, at the next scheduled Selectmen’s meeting on July 27th with the request information.

Town Investment Policy – Discussion (continued from 06/22/10):
Mr. Goodrich made a motion to table this item until the next meeting. Dr. Smith seconded and it was so VOTED.

Vote to approve Fire Chief’s Employment Contract:
Mr. Goodrich made a motion to approve the Fire Chief’s contract. Dr. Smith seconded and it was so VOTED.

Correspondence was read and completed.

At 8:35 p.m., Mr. Goodrich made a motion to adjourn from open session to go into executive session for the purpose of a collective bargaining discussion (IBPO – successor agreement strategy; AFSCME successor agreement strategy, not to return to open session. Dr. Smith seconded and it was so VOTED.


__________________________
Dr. Richard M. Smith, Clerk