BOARD OF SELECTMEN
MARCH 22, 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 II, 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 of March 8, 2011 – open and executive sessions and February 15, 2011 – executive session. Dr. Smith seconded and it was so VOTED.
Leslie Duthie – Information Regarding Donation of Land, and Update on CPA Funding Requests:
Ms. Duthie approached the Board of Selectmen and said she wanted to meet with the Board tonight to explain what she has been working on and what she has been working with, in the community. Ms. Duthie said there are several articles she hopes to introduce this year, and explained the following three:
1) Ms. Duthie said the first one regards the Estate of Jean Porwoll. Ms. Porwoll served on the Conservation Commission for several years and passed away last summer after a very brief illness. Awhile back, Ms. Porwoll had called Ms. Duthie and asked her to protect her land located at the intersection of Reimers Road and Nieske Road. Ms. Duthie explained in Ms. Porwoll’s trust it states the land should be donated to the Town under the care and custody of the Conservation Commission, with enough layers of protection on it to insure the land would never be developed. This land has road frontage on both roads.
Ms. Duthie said she has been in touch with Ms. Porwoll’s lawyers and the Trust to complete this land preservation. Ms. Porwoll had separated her house from the approximately 70 acres of open space prior to her death. Ms. Duthie noted most of this land is wetlands and deemed undevelopable. The land is a rare species habitat.
Ms. Neggers asked if this land had been surveyed. Ms. Duthie said it was surveyed, not recently, but there is a plan on file and she will provide that to the Selectmen by April 12th along with the language for the warrant article.
The Conservation Commission discussed several options regarding the protection and preservation of the land with the best choice being a Conservation Restriction. Ms. Duthie said the Trust doesn’t have any money for an endowment, lawyers’ fees which amount to about $2,000 to $3,000 to do a Conservation Restriction, a baseline study of the land and provide funds for the defense of the Conservation Restriction. Therefore, Ms. Porwoll’s lawyers and the Conservation Commission have agreed the land will be donated to the Town through the Selectmen. Ms. Duthie explained the Board of Selectmen should accept the land in the “care and custody” of the Conservation Commission, and site Article 97, which is the open space article, in acceptance of this property. The final language for the warrant article
is being worked on, but this step will complete Ms. Porwoll’s request to protect her land in perpetuity without incurring a lot of expense on either side, Ms. Duthie explained.
Ms. Duthie said another reason for meeting with the Board of Selectmen tonight, was to inform the Board about the Agricultural Preservation Restriction on the Carpenter Farm, which has finally been funded by the State. Ms. Duthie noted the Carpenter’s applied to the APR program almost eight years ago. The Carpenter’s have had the land surveyed, had an appraisal done and waited patiently for the funding. Ms. Duthie said the Conservation Commission submitted a letter of support for this project over four years ago.
The Monson Conservation Commission received notification from the Massachusetts Department of Agriculture the project is due to be funded, and the Department of Agriculture would like to complete this project during this fiscal year.
As a requirement of the APR program, Ms. Duthie said the host town is expected to show its support through a monetary contribution to the project.
Ms. Duthie explained when Echo Hill Orchard came up for an APR in 1999, the town was asked to contribute 20% of the value of the land. At that time the Conservation Commission used money from their Land Acquisition Funds to help with the Echo Hill preservation.
Due to the current difficult fiscal conditions, and because Monson has an Agricultural Commission, the Massachusetts Department of Agriculture is asking Monson to contribute only 5% of the value of the land. The 46 acres is valued at $276,000.00, making the town’s contribution $13,500.00.
Once the APR is in place, this land will remain in farming perpetuity. Money to complete the Town’s portion will be supplied through CPA funds, if approved at Town Meeting.
Ms. Duthie said a warrant will be drafted to request the use of funds from the CPA to protect this farm, while the State provides $256,500.00. Ms. Duthie stated the Community Preservation Committee has voted to support this project.
2) Ms. Duthie also brought to the Board of Selectmen’s attention, the Community Preservation Committee has been working with the Cemetery Commission to finalize an application to fund repair and restoration work on the stone wall around Hillside Cemetery. The Cemetery Department has no money and has had difficulty managing and maintaining the stone wall around the Cemetery. Ms. Duthie explained there is a bulge in the wall between the Thompson House and Route 32, which is a main concern. The wall along Mill Street needs pointing and small repairs, the corner and steps leading up to the Thompson house are of concern as well. The repair of the stone wall is important also as school children often hop on the wall and walk down the wall or hop over it while cutting through the cemetery, going to and
from school every day.
Ms. Duthie noted the Cemetery Commission has contracted with Architectural Insights to oversee this project. Ms. Duthie explained currently the Community Preservation Committee is unsure how much money will be allocated for the project and what the scope of the initial repair will be. Last year the Cemetery Commission submitted an application for the grant in the amount of $180,000.00 to do all of the work, however the bids received were not at prevailing wages. This year, the figures have been readjusted to reflect the prevailing wages. Ms. Duthie said she feels it will be in the $150,000 range, to repair the wall at Main Street and Thompson Street and possibly the back side. Ms. Duthie added the CPC will meet on April 5th, at which time they expect to get a final cost on this project.
Mr. Harrison asked Ms. Duthie how the CPA funds are looking this year from the State. Ms. Duthie replied they are looking better than last year. Ms. Duthie explained the Bill to fund CPA at a minimum rate is moving forward in the State Senate and House of Representatives, which would guarantee a 75% match for all communities without raising fees to a significant level. Ms. Duthie explained the initial rate is almost 30%, last year it was 28%. This is a very positive situation for Monson as we are a small community who passed CPA at the full 3% rate. Ms. Duthie said over the years Monson has had CPA, we have been funded at 100% for two years, 98% for one year and 75% last year, so we have done extremely well in terms of matching. The town is collecting over $300,000 a year, including the State match. Mr. Goodrich said it
really seems to be working to protect the town for what the town is.
3) Lastly, Ms. Duthie wanted to inform the Board of Selectmen about another land deal. Charlie Richards, who developed McCray Circle, wishes to donate two lots at the base of Carpenter hill to the Conservation Commission, and Ms. Duthie said she advised him to send a letter through the Board of Selectmen stating this desire. No money will exchange hands, it is strictly a donation. This donation of land will be handled the same way as the aforementioned land from Ms. Porwoll’s estate. Ms. Duthie explained these lots do not connect with any conservation land and they are buildable, however, there are significant water issues with these two lots as water pours off the hillside in the springtime from the many streamlets, channels, and large areas of wetlands up there.
Schedule Special Town Meeting:
It was noted a Special Town Meeting will be held within the Annual Town Meeting on May 9th. The Special Meeting is needed for some end of the year transfers and to address a potential shortfall in the health insurance account.
Mr. Goodrich made a motion to schedule a Special Town Meeting within the Annual Town Meeting on May 9, 2011. Dr. Smith seconded and it was so VOTED.
Open Annual and Special Town Meeting Warrants Consider any Requested Articles:
Mr. Goodrich made a motion to open the Annual and Special Town Meeting warrants. Dr. Smith seconded and it was so VOTED.
Ms. Neggers presented the Board with a list of standard Town Meeting articles for placement on the warrant, as attached, and went over them. Ms. Neggers noted these are standard articles which are placed on the warrant every year.
Mr. Goodrich asked if it was appropriate or legal to have non-binding articles on the warrant, and Ms. Neggers replied there have been non-binding articles on the warrant in the past.
Mr. Goodrich stated there are two particular questions he would like to have voters answer in a forum, such as a Town meeting. The first would be to see if the Town would be willing to begin the process of restructuring our town government. Mr. Goodrich said he feels we are coming to a point in time where it is becoming more and more difficult, with the lifestyles and responsibilities of our citizens, to fully engage in all the different elected Boards and Committees the town has, greatly minimizing the ability to fluently manage the town as one operation. Mr. Goodrich would like to see restructuring that would have everything still governed by an elected board, answering directly to the people, but bring everything into line with a management structure that brings everything ultimately back to one board, so you have the
ability to manage every place the tax dollars are going.
Mr. Goodrich noted things are working rather well, but five years from now there will be many new faces in very significant positions in this town, as the current department heads and leaderships start retiring out of our system. He has a fear that without the actual ability to manage, we may end up with personalities in these different positions that aren’t necessarily voluntarily going to work well together. He feels this is an opportunity for the town to restructure, but didn’t want to begin down that road without indication from the town some concept of this would be endorsed prior to forming committees and putting a lot of work into it. Mr. Goodrich agreed to construct the article.
The second article he had would be changing when the Town Election is held. Ms. Neggers said this is a General Bylaw change and could be done at this town meeting if the article is crafted in time. Ms. Neggers suggested people be brought in to talk about this. Mr. Goodrich agreed and said the State is always looking for local government to find ways to regionalize or condense services, and it seems to make the most sense to him if the Town Elections are held at the same time the voters are going to the polls to vote for State and Federal government you are going to increase the voter turnout for local elections and significantly decrease costs to the community for running an election which costs between $5,000 and $7,000. Due to the shortness of time on this article, with people needing to be contacted such as the Town
Clerk, language still needs to be drafted, and the required public hearing needing to be held, it was agreed this would be brought forward for the Town Meeting in the fall.
Ms. Neggers said there are two local General Bylaws that will be moving forward on this warrant.
One is the acceptance of the Stretch Code. A workshop was held last week and contractors from town were invited to attend. Ms. Neggers explained our Building Commissioner and the Building Commissioner from East Longmeadow gave a presentation on the Stretch Code, with great attendance as the room was filled. Ms. Neggers said she was encouraged by people’s willingness to be open minded enough to come out and get educated on the Stretch Code, and felt it was very positive. A public hearing will need to be held on this bylaw as well, and Ms. Neggers proposed holding the public hearing at the April 12th Selectmen’s meeting.
The second General Bylaw is the Agricultural Commission will be bringing forward a Right-to-Farm bylaw, which is a General Bylaw. There are 97 communities in the Commonwealth who have already implemented Right-to-Farm Bylaws and it is felt this is appropriate for Monson. Final language will be presented to the Board of Selectmen at the meeting on March 29th. This needs a public hearing as well, and Ms. Neggers recommended holding this public hearing at the April 12th meeting as well.
Ms. Neggers said a special meeting may be required for the Board of Selectmen on April 19th to modify bylaws, and still allow Town Counsel time to review them. It was reiterated the Town Meeting has to be posted by April 29th.
It was agreed unanimously to hold meetings for the Board of Selectmen on April 12th and April 19th.
Mr. Goodrich made a motion to accept the standard articles numbers 1 through 17, as previously reviewed by the Town Administrator. Dr. Smith seconded and it was so VOTED.
Mr. Goodrich made a motion to add three additional articles per the request of the Finance Director, as follows and as attached.
1) The local Meals Tax option.
2) Establish a revolving fund for the Community Garden for Chapter 44 Section 53E1/2.
3) To authorize the town to borrow for the purchase of an ambulance.
Dr. Smith seconded and it was so VOTED.
Designate Senior Center Lease Subcommittee:
Ms. Neggers said she received an email from Lori Stacy indicating both she and MaryAnn Brazas would serve on the Senior Center Subcommittee on behalf of COA and the Senior Center. Ms. Neggers said nothing has been received as yet from the Home for Aged People. Mr. Goodrich said he would serve on the committee on behalf of the Board of Selectmen. Mr. Goodrich said since we haven’t heard back from the Home for the Aged he felt it fair to assume the President for the Home would be representing them. Ms. Neggers agreed.
Mr. Goodrich made a motion to appoint himself, Lori Stacy, MaryAnn Brazas, and Doug North or a designee, to the Senior Center Lease Subcommittee. The purpose of this committee will be to review the lease, make sure there are clarifications, add to it, and bring it back to the Board of Selectmen for final review and approval. Dr. Smith seconded and it was so VOTED.
Authorize Additional Snow and Ice Deficit Spending:
Ms. Neggers explained as of Friday the Accounting Department indicated there are $18,958.98 in bills for the Snow and Ice removal that had not been paid, and the Finance Committee authorized an additional $50,000 in Snow and Ice deficit spending at their meeting last night. Ms. Neggers noted this is being tracked very closely and it is very difficult to keep up with the numbers. Ms. Neggers noted we are at such a precarious point in the budget that $10,000.00 either way is going to make a very big difference. They are hoping the full $50,000 won’t be needed, but $20,000.00 has already been expended.
Mr. Goodrich made a motion to authorize Snow and Ice deficit spending of up to an additional $50,000.00. Dr. Smith seconded and it was so VOTED.
Re-appoint Animal Control Officer (Paul DeMaio – 05/01/2001-04/30/2012):
Mr. Goodrich made a motion to re-appoint Paul DeMaio as the Animal Control Officer for Monson effective May 1, 2011 through April 30, 2012. Dr. Smith seconded and it was so VOTED.
Re-appoint Zoning Enforcement Officer (Harold Leaming – 04/01/2011-03/31/2012):
Mr. Goodrich made a motion to re-appoint Harold Leaming as the Zoning Enforcement Officer for the Town of Monson effective April 1, 2011 to March 31, 2012. Dr. Smith seconded and it was so VOTED.
Request for “Gifts to the Town” Expenditure Authorization to Purchase P.O.W. Flags ($84.00):
Mr. Goodrich made a motion to authorize the expenditure of $84.00 from the Gifts to the Town Account for the purchase of two P.O.W. flags. Dr. Smith seconded and it was so VOTED.
In Other Business to Come Before the Board of Selectmen:
- Ms. Neggers reiterated the 250th Anniversary Committee has scheduled a Gala Ball on April 9th at Memorial Hall. Ms. Neggers noted there are a limited number of tickets available and anyone interested in purchasing tickets may contact Carolyn Bedard at 267-3421. Ms. Neggers said the quilt show put on by the 250th Anniversary Committee this past weekend in the gymnasium was a sight to behold, and offered many thanks to everyone involved.
- It was reiterated the Board of Selectmen will hold a joint meeting with the Finance Committee next Tuesday night, March 29th, beginning at 7:00 p.m. This will be televised. Mr. Goodrich stated no one has contacted him with suggestions regarding the budget.
At 8:00 p.m., Mr. Goodrich made a motion to adjourn from open session to go into executive session for M.G.L. c. 30A, Sec. 21, #2 non-union personnel contractual strategy and negotiations, not to return to open session. Dr. Smith seconded and it was so VOTED.
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Dr. Richard M. Smith, Clerk
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