BOARD OF SELECTMEN
APRIL 12, 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 John F. Goodrich II, Dr. Richard M. Smith and Edward A. Maia. Also present were Town Administrator Gretchen E. Neggers and the media.
The Pledge of Allegiance was recited.
Reorganization of the Board of Selectmen:
Dr. Smith made a motion to nominate Mr. Goodrich as Chair. Mr. Maia seconded and it was so VOTED
Mr. Maia made a motion to nominate Dr. Smith as Vice Chair. Mr. Goodrich seconded and it was so VOTED.
Dr. Smith made a motion to nominate Mr. Maia as Clerk. Mr. Goodrich seconded and it was so VOTED.
Acceptance of Meeting Minutes:
Dr. Smith made a motion to accept the meeting minutes for March 29, 2011 – open and executive sessions. Mr. Goodrich seconded. Mr. Maia abstained from voting as this was his first meeting as a Selectman.
Public Hearing – Proposed General Bylaw – Acceptance of Stretch Code (7:15 p.m.):
At 7:15 p.m., Dr. Smith made a motion to open the public hearing. Mr. Maia seconded and it was so VOTED.
Ms. Neggers explained this hearing is in the framework of the towns’ effort in achieving Green Community certification, which the Selectmen authorized seven or eight months ago.
Building Inspector Harold Leaming approached the Board of Selectmen and explained the town currently follows a 2009 International Energy Efficiency Code. Mr. Leaming noted the Stretch Energy Code is a pretty comprehensive Code and added he has given a few classes on it. Mr. Leaming stated the Stretch Energy Code is endorsed by the National Home Builders Association and is a more efficient way of building; it’s more of a performance than prescriptive and establishes guidelines for improving building efficiency. If approved, the Stretch Energy Code would require meeting a certain criteria through the testing method which would show up in the materials used and workmanship.
Mr. Leaming explained new homes with 3,000 sq. ft. or more would require a Home Energy Rating System (HERS) index of 65 or less while new homes below 3,000 sq. ft. require a HERS index of 70 or less; the lower the number, the better. All new residential construction of three stories or less would require verification of HERS index rating by a Residential Energy Services Network certified HERS rater. New homes must demonstrate compliance with the Energy Star qualified homes thermal bypass inspection checklist.
Dr. Smith wondered about the availability of inspectors. Mr. Leaming replied there are a number of inspectors, and with the higher demand more inspectors will be available.
Mr. Goodrich said he could see a concern with renovations and remodeling. Mr. Leaming said if the addition is 2,000 sq. ft. or less you would need an index of 85. With a 2,000 sq. ft. addition or more you only have to have an index of 80 and it would only be applied to the addition itself.
Mr. Goodrich said what he is hearing is the Energy Stretch Code will be an additional selling tool for the builder, allowing them to build a better house with minimum cost increase. The builder should be able to put this extra cost into the sell price, and the homeowner happy to pay because even though the cost of the house may be a little higher, their energy savings will more than compensate for that as they will be gaining a better product that will cost them less overall.
Mr. Maia asked, assuming Monson becomes a Green Community, what types of restrictions are placed on the grant money? Ms. Neggers replied it has to be used for energy conservation projects. It was noted it could be used for boiler up-grade replacements, building automated control systems, etc. The town would pay the initial cost and save over the years by having an energy efficient replacement.
Ms. Neggers noted the Town Meeting will be voting to accept the proposed Stretch Energy Code as it is, however the Stretch Energy Code can be modified going into the future as Ms. Neggers said we can undo this. Ms. Neggers explained the town can opt out if the State makes it more stringent or we don’t like it for any reason. It can go back to Town Meeting the same way it was accepted, and reject it, and this will undo it.
Mr. Leaming said in 2012 there will be sensors on everything, including lights. This would mean if sunlight is shining through windows, it will shut the lights off in a room automatically if the sensors feel the lights aren’t needed.
There wasn’t anyone in the audience who wanted to say anything.
Ms. Neggers stated the names of the numerous towns that have already adopted the Stretch Code and said she feels this will be a win, win situation for the builders, the homeowners and the town.
Mr. Leaming said if anyone has any questions they may call him in his office at 267-4111.
Mr. Goodrich noted the acceptance of the Energy Stretch Code bylaw will be decided by the town voters at the Town Meeting on Monday, May 9th.
At 7:40 p.m., Dr. Smith made a motion to close the public hearing. Mr. Maia seconded and it was so VOTED.
Public Hearing – Proposed General Bylaw – Right-to-Farm Bylaw (7:45 p.m.):
At 7:45 p.m., Dr. Smith made a motion to open the public hearing. Mr. Maia seconded and it was so VOTED.
Ms. Neggers explained the background on the proposed bylaw noting back in 2006 the Town voted to establish a bylaw by creating an Agricultural Committee. Ms. Neggers noted it was only recently that an active committee was formed. The first thing the Committee moved forward on was to create the proposed Right-to-Farm bylaw. The bylaw is restating and republishing existing State laws. This is designed to be a notification to the community that we have farms, farmers and farming activities that we co-exist with.
Ms. Neggers noted the language primarily used in the proposed bylaw is from the state template. The very same language has been accepted in 97 communities in the Commonwealth of Massachusetts to date.
Ms. Neggers explained the thing that can change is the notice requirement, which is how you notify your residents of this. In the State template it suggests doing it via purchase and sales agreements between buyers, sellers and realtors. The Agricultural Commission chose a different methodology of notifying people where the notice disclosure will be printed on a piece of paper and sent out whenever there is a municipal lean certificate. It won’t be incorporated in the lean certificate; it will just make them aware of it.
Agricultural Committee members Jeff Lord, Lisa Arnold, Ben Murphy, and Chuck Adams approached the Board of Selectmen.
Mr. Lord explained nothing will change following the Town Meeting on May 9th if this is passed, except the town will be actively supporting local farmers and protecting the farms.
Ms. Neggers read a portion of an electronic letter received from the Chair of the Conservation Commission in support of this bylaw into the record. Ms. Neggers reiterated this bylaw is reinstating what is already a Massachusetts law and by passing this the Town is saying we endorse this, embrace this, and we are advertising this.
Dr. Smith asked if anyone had mentioned this to the Board of Health as people might be approaching them regarding the proposed Right-to-Farm bylaw. Ms. Neggers said she would send them a copy.
Ms. Neggers suggested making two technical changes. On page two, first paragraph, it would read “as permitted by state building codes and regulations;” taking out the words “local and”.
The second change is in Section 4 on page 2 regarding the effective date; it should read “This bylaw becomes effective upon approval by the Massachusetts Attorney General and publishing by the Town Clerk, as required by M.G.L. Chapter 40 Section 32”.
Mr. Lord stated the Agricultural Commission has unanimously endorsed this.
Dr. Smith made a motion to amend the language to reflect these changes. Mr. Maia seconded and it was so VOTED.
When asked if anyone in the audience had anything they wished to say, Karen King of Longview Drive approached the Board of Selectmen on behalf of the Planning Board. Ms. King stated in the beginning the Planning Board had concerns, but they now feel this is the best way of doing this and added the Planning Board would be happy to help promote the Right-to-Farm bylaw with fliers, etc.
At 8:15 p.m., Dr. Smith made a motion to close the public hearing. Mr. Maia seconded and it was so VOTED.
Consider any Requested Articles for Special and Annual Town Meeting Warrants:
Ms. Neggers reiterated the information regarding the land donation from Ms. Porwoll’s estate. Dr. Smith read the requested article into the record.
Dr. Smith made a motion to place the article on the Annual Town Meeting warrant as just read. Mr. Maia seconded and it was so VOTED.
Mr. Goodrich reiterated the information regarding the two building lots on McCray Circle that Charlie Richards wishes to donate to the town.
Dr. Smith made a motion to create and place an article on the Annual Town Meeting warrant to accept the two parcels of property on McCray Circle from Charlie Richards. Mr. Maia seconded and it was so VOTED.
Dr. Smith made a motion to place an article on the Annual Town Meeting warrant for the Community Preservation Act – APR Carpenter Reality Trust. Mr. Maia seconded and it was so VOTED.
Ms. Neggers explained she received an electronic letter from Leslie Duthie stating the Community Preservation Committee voted to donate $100,000 of CPA funds to the Cemetery Department for the repair of the stone wall at Hillside Cemetery.
Dr. Smith made a motion to place the aforementioned article on the Annual Town Meeting warrant. Mr. Maia seconded and it was so VOTED.
Dr. Smith made a motion to place on the Annual Town Meeting warrant an article for the Stretch Energy Code bylaw. Mr. Maia seconded and it was so VOTED.
Dr. Smith made a motion to place on the Annual Town Meeting warrant an article for the Right-to-Farm bylaw. Mr. Maia seconded and it was so VOTED.
Mr. Goodrich explained a request was received from Town Moderator Richard Guertin seeking to have all future town meetings taped and re-broadcast afterward. After a brief discussion where it was noted the live meetings would not be shown, so voters would still want to attend the meeting, and any actual voting by raising of hands or standing would not be televised, Dr. Smith made a motion to place on the Annual Town Meeting warrant an article for future Town meetings to be taped and re-broadcasted. Mr. Maia seconded and it was so VOTED.
Mr. Maia read into the record the cover sheet of the petition received and certified by Town Clerk Nancy Morrell, from residents seeking the mandatory broadcast of Finance Committee meetings.
Dr. Smith made a motion to place on the Annual Town Meeting warrant an article to see if the towns’ people will vote to approve having the Finance Committee meetings televised. Mr. Maia seconded and it was so VOTED.
Mr. Goodrich explained a non-binding article he would like placed on the meeting warrant to see how the town’s people would feel about changing the town government structure. Mr. Maia made a motion to place the non-binding article on the Annual Town Meeting warrant. Dr. Smith seconded and it was so VOTED.
Ms. Neggers read the eight articles submitted by Finance Director Deborah Mahar into the record, as attached.
Mr. Maia made a motion to transfer the eight requested articles to the Special Town Meeting warrant. Dr. Smith seconded and it was so VOTED.
Ms. Neggers read into the record a request submitted by Fire Chief George Robichaud for an article to see if the Town will vote to transfer a sum of money ($3,000) from the Ambulance Receipt Reserve Account to the Ambulance Salary and Wages Account or take any action relative thereto.
Dr. Smith made a motion to place the aforementioned article on the Special Town Meeting warrant. Mr. Maia seconded and it was so VOTED.
Dr. Smith made a motion to close the Annual and Special Town Meeting warrants. Mr. Maia seconded and it was so VOTED.
Budget Development Status – Discussion on Process and Priorities:
Mr. Maia said based on the joint meeting held by the Board of Selectmen and the Finance Committee, he felt priorities should be relooked at as he felt public safety should be the highest priority, and noted he felt it shouldn’t be personnel, but rather dollars looked into.
Dr. Smith felt the need to prioritize as well and noted he felt the school and safety should not be cut, but rather look at the non-essential, and recommended looking at Parks and Recreation more closely, as he noted they have the ability to generate revenue and they are still operating at full-time.
Dr. Smith suggested preparing two budgets, one if the Town receives funds from FEMA and one if it doesn’t. Ms. Neggers noted we still don’t know where we are at with the Chapter 70 funds either.
Ms. Neggers confirmed priorities and went over the list she made as follows:
- Mandatory legal requirements; audit, insurance, pensions, benefits, debt, etc.
- Protect emergency services.
- Protect financial operations.
- Understanding School budget will be at net school spending.
- Discretionary service:
1) Minimize impact.
2) Avoid disproportionate Library reduction.
- Consolidation of services where possible.
- Risk/benefit analysis of proposed reductions.
It was agreed this would be presented to the Board of Selectmen at their meeting scheduled for next Tuesday, April 19th.
Renew Billiards and Pool Table Licenses and Auctioneer License:
Dr. Smith made a motion to approve the Auctioneer license for Frank Kapsia d/b/a Wintergarden Auction Services. Mr. Maia seconded and it was so VOTED.
Dr. Smith made a motion to approve the Billiards and Pool Table licenses for the following:
Mountain Stream Capital, Inc. d/b/a Elwood’s Restaurant & Pub; Tee Jay’s, Inc.; Polish American Citizens Club; Donald Bean d/b/a Partridge Hollow Camping Area; and Sunsetview Farm Camping Area, Inc. Mr. Maia seconded and it was so VOTED.
Mr. Maia said he felt the fee for the Auctioneers license was low at $15. Mr. Goodrich said the fees were raised about two years ago, but was unsure if the Auctioneers license had been increased at that time. It was agreed to discuss this further once the budget process has been completed.
In Other Business to Come Before the Board of Selectmen.
- Dr. Smith said it has been discussed in the past, placing a banner across Main Street announcing Town Meetings and Town Elections. Dr. Smith said he spoke with Hampden Sign, as they make the banners for the Board of Health announcing Bulky Day, the Health Fairs, and Hazardous Waste Day. Hampden Sign said for the two separate banners the total cost would be $475 each. The typical banner is a 3 foot by 20 foot that is printed on both sides and is perforated so any wind won’t destroy it. The dates would need to be changed each year, which can be done. Hampden sign said it is easier to change the date if it is done as quickly as possible after it has been used, so the adhesive doesn’t adhere to the vinyl.
Dr. Smith made a motion to use the Gifts to the Town funds to purchase two
banners, one banner to announce Town Meetings and second banner to announce
Town Elections at the cost of $475 each from Hampden Sign. Mr. Maia seconded.
Mr. Goodrich suggested holding off on ordering a banner announcing Town
Elections for a few weeks as he is working on changing the Town Elections to
coincide with the Federal Elections in November, to save money and eliminate
multiple elections throughout the year. Mr. Goodrich said he will be meeting with
the Town Clerk in the next few weeks and has already spoken with Senator
Brewer and Representative Ashe about this and would like to wait until the town
receives resolution on this.
Dr. Smith amended the motion to approving the purchase of one banner
announcing the Town Meeting. Mr. Maia seconded and it was so VOTED.
Ms. Neggers asked for clarification on what the banner should say. Dr. Smith
said he was thinking of “Town Meeting, Granite Valley Middle School, Monday,
May 9th, 7:00 p.m.”.
- Mr. Goodrich said a memo was received from the Conservation Commission requesting Audra and Dana Staples be appointed to the Commission. Ms. Neggers said she was unsure of the terms as these are suppose to be staggered and recommended appointing them through June 30, 2011, allowing time for the appointments to be checked out further for the actual terms.
Dr. Smith made a motion to appoint Audra and Dana Staples to the Conservation
Commission effective immediately through June 30, 2011. Mr. Maia seconded
and it was so VOTED.
Correspondence was read and completed.
At 8:55 p.m., Dr. Smith 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 and negotiations and M.G.L. c. 30A, Sec. 21, #3 – litigation strategy, not to return to open session. Mr. Maia seconded and it was so VOTED.
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Edward A. Maia, Clerk
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