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Meeting of 2011-01/25
BOARD OF SELECTMEN
TUESDAY, JANUARY 25, 2011

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 and Dr. Richard M. Smith. Also present were Town Administrator Gretchen E. Neggers and the media.

The Pledge of Allegiance was recited

Acceptance of Meeting minutes:
Mr. Goodrich made a motion to accept the meeting minutes for January 11, 2011 – open session. Dr. Smith seconded. A vote was not taken as Mr. Harrison was not present for that meeting.

Grant-Funded EMT/Firefighter Position – Discussion of Override Request:
Fire Chief George Robichaud approached the Board of Selectmen. Ms. Neggers explained what transpired at the last meeting when this topic was presented, to Mr. Harrison who was not present for that meeting.

The proposed Proposition 2 ½ override question will be asking voters to approve spending $103,000 to fund an emergency medical technician/firefighter for hours that have previously been paid for by a federal grant, as the funds will end at the end of this fiscal year, on June 30th. The $103,000 includes the salary for a full-time EMT/firefighter in the amount of $43,000, and $25,000 to cover part-time hours; approximately $17,000 for benefits; and $17,000 for half the cost of bonding for a new ambulance. The override would fund a total of 90 work hours per week. The full-time position is 50 hours per week and the remainder of the hours would be for a fourth part-time EMT/firefighter to be on duty during the week.

It was noted the Override, if approved, would cost the owner of a home valued at $220,000 an extra 15¢ on the tax rate, which would total $34 a year. Ms. Neggers noted the Quarry Hill debt exclusion has come to an end as we have made our final payment on the school after paying on it for 20 years. This debt exclusion currently represents 35¢ of the tax rate which equals $77 of taxation on the average residential property valued at $220,000. Ms. Neggers explained next year, by law, that $77 has to go back to the taxpayers, as Ms. Neggers said this is how the debt exclusion works under Proposition 2 ½.

Ms. Neggers explained by approving the override request, the average taxpayers will be giving $34 of the $77 return back to the town, and still receive a reduction of $43. The override isn’t asking the taxpayers for anything extravagant or unnecessary, but something that represents a fair compromise and affects everyone by adding protection.
Mr. Goodrich noted this override would be a permanent tax levy, as it isn’t a temporary debt exclusion like the school was.

Chief Robichaud explained the override still will not provide 24/7 coverage at the Fire Station and the current structure will remain in effect, which is a day shift from 7:00 a.m. to 5:00 p.m.; second shift is from 5:00 p.m. to 3:00 a.m. (on both the first and second shifts, the EMT/firefighters are physically in station for coverage). The third shift is from 3:00 a.m. to 7:00 a.m. and is covered by on call personnel, who are not at the Fire Station. The on-call shift stays at home and when a call comes in they have to drive to the Fire Station and then head to the call. Weekends are covered by on-call EMT/firefighters.

Chief Robichaud said his department averages 1,000 emergency calls a year in addition to 300 fire-related calls, and stated for a town of our size, this is very busy every day.

It was noted information about the override vote will be posted on the town’s web site. Chief Robichaud said he will also visit with groups to explain the proposal.

Town Clerk Nancy Morrell noted the warrant has already been posted for the April Election ballot; however she said she would check to see if it can be reopened and reposted with the override question added. Ms. Neggers said she thought we had until February 28th to post the warrant.

Mr. Goodrich made a motion to include the Proposition 2 ½ Override question, if it is still possible, which states “Shall the Town of Monson be allowed to assess an additional $103,242 in real estate and personal property taxes for the purpose of funding salaries and associated expenses for emergency medical technicians/firefighters for the fiscal year beginning July first two thousand and eleven?”. Dr. Smith seconded and it was so VOTED.

The Board of Selectmen formally and publically support and endorses this override question.

Parking Fines Appeals – Discussion of Process:
Ms. Neggers explained the Town Collector, Dorothy Jenkins, also serves as the Parking Fines Clerk, and as such she gets a percentage of the fees as compensation.

Ms. Neggers further explained someone currently wishes to appeal a parking fine, and the Police Chief and the Parking Fines Clerk are at a state of uncertainty on the appeals process and who it should be appealed to.

Ms. Neggers noted she researched and found in 1982 the town accepted a series of statutes that allowed for the enforcement of the parking ban. It also lays out a process that identifies the Parking Fines Clerk as the person they would have the hearing before.

Ms. Neggers said the serious concern now is regarding the way the Parking Fine Clerk’s pay is structured, and receiving a percentage of the fee as compensation for performing the duty. This creates the ethical issue if you are in fact deciding an appeal where you could receive a financial gain.
Ms. Neggers explained there are different options to be considered, such as altering the way the Parking Fines Clerk is compensated by paying a stipend. The parking fine is $5, and since there aren’t many, it only totals approximately $300 per year. This would eliminate the ethnical concern.

Ms. Jenkins said thirteen years ago, when she took on this position in 1999, the Ethics Commission said because there was compensation given for that position, a fee base, they felt it would be a conflict of interest. She was told for the thirteen years she has held this position, the appeal would come before the ticketing authority and they would make a decision. Ms. Jenkins added for the past thirteen years, the Police Chiefs have been the person hearing the appeals.

Ms. Neggers noted Police Chief Kozloski brought forward similar conflicting concerns, not of a financial issue but of a professional standard since his agency is the ticketing authority. Ms. Neggers said there are other underlying issues as well such as the nature and form of the parking ban in itself.

Chief Kozloski said the Officers who hand out parking violations are on the nighttime shift and felt the officer attending parking fine appeals could be any officer reading off the ticket, the same as when speeding violations go to court. Mr. Goodrich felt Ms. Jenkins and Chief Kozloski could work this out amicably.

Mr. Goodrich made a motion to change the payment structure for the Parking Fines Clerk to become a $300 annual stipend instead of a percentage base. Dr. Smith seconded and it was so VOTED.

Marty Gilmore, Assistant Town Accountant was in the audience and asked if there was going to be a revision on the statute itself as she said according to the payroll from November 15th to January 15th , for the sixty days there were twelve days where overtime was paid for snow removal and forty-eight days where there was no snow removal taking place, yet the parking ban was still in place creating a real hardship for people when there is no snow and the parking ban remains in effect. Ms. Gilmore felt the parking ban should only be in place when there is a need for it, as other towns do.

Mr. Harrison felt this was a legitimate concern. Ms. Neggers explained traffic violations are handled by the Board of Selectmen; they don’t have to go to Town Meeting, a public hearing is held, changes are made in the regulations, and then they are filed with the D.O.T.

Highway Surveyor Mr. Morrell noted the travel lanes have to be at least ten feet wide for cars to pass, and there must be a clear unobstructed view year round, and felt a lot of things need to be looked at.

Mr. Goodrich felt the wording used twenty plus years ago on the bylaws, and the intent, have been lost over time since the initial formation. Mr. Goodrich said he feels it is time to go back, revamp, modernize, and reword the laws, making sure everyone is in agreement with why they are being generated, how they are going to be enforced, and to make sure the wording brings those two things together, so hopefully in another twenty years it won’t be another lost concept.

The Board of Selectmen agreed unanimously to discuss this at a future meeting.

Review, Discuss and Approve Green Community Action Plan:
Ms. Neggers reiterated the Green Community Action Plan which was presented, and up-dated a few times to the Board of Selectmen at previous meetings.

Mr. Goodrich made a motion to accept and move forward with the Green Community Action Plan as presented. Dr. Smith seconded and it was so VOTED.

Accept $100 Donation from Monson Rotary for Timer for Public Notice Board:
Dorothy Jenkins, representing the Monson Rotary Club, approached the Board of Selectmen. Ms. Jenkins explained the Monson Rotary and the Monson Tourism jointly raised funds to install a public notice board in front of the Town Office Building several years ago. At that time a light was installed for the nighttime viewing of the board, however over the years there has been an electrical problem where the light hasn’t been working properly.

On behalf of the Rotary Club, Ms. Jenkins presented the Board of Selectmen with a check in the amount of $100 for the purchase of a new timer, so the display board can once again be lit at night.

Mr. Goodrich made a motion to accept the $100 donation for the Gifts to the Town Account as specifically noted, and thanked the Rotary Club. Dr. Smith seconded and it was so VOTED.

Correspondence was read and completed.

In Other Business to Come Before the Board of Selectmen:
  • Mr. Harrison informed the listening audience the Town elections will be held on Monday, April 4th, and urged the residents in town to vote, and added their votes count most in local elections. Positions up for re-election are the Town Clerk, with seats on the Board of Selectmen, Board of Assessors, Parks and Recreation Commission, Housing Authority, Cemetery Commission, and School Committee. All are three years terms with the exception of the Housing Authority which is a five year term. The last day for taking out nomination papers is February 10th and the last day to submit them is February 14th. Anyone with questions may call the Town Clerk at 267-4115.
  • Mr. Harrison mentioned he will not be seeking re-election in April due to increased family obligations.
  • Mr. Goodrich thanked the Highway personnel and people working on the streets for all the hard work they have been doing in keeping the streets clean and safe this winter.
At 8:25 p.m., Mr. Goodrich made a motion to adjourn from open session to go into executive session for the purpose of M.G.L. c. 30A, Sec. 21, #2 non-union personnel contractual strategy negotiations, and not to return to open session. Dr. Smith seconded and it was so VOTED.



______________________________
Dr. Richard M. Smith, Clerk