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Meeting of 2011-08/23
BOARD OF SELECTMEN
TUESDAY, AUGUST 23, 2011

The regular meeting of the Board of Selectmen convened at 7:00 p.m. in the Conference Room at 29 Thompson Street. In attendance were Dr. Richard M. Smith, John F. Goodrich II and Edward A. Maia. 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 August 2nd and August 9, 2011 – open sessions. Mr. Maia seconded and it was so VOTED.

Center for Eco Technology – Peggy MacLeod – Brief Update on Rebuilding Programs:
Ms. MacLeod approached the Board of Selectmen and explained she is from the non-profit firm Eco Technology, which is a thirty-five year old company out of Springfield, Northampton and Pittsfield. Ms. MacLeod noted they are one of the service providers for the recovery programs that involve energy and efficiency incentives. They have been out in the neighborhoods, on Facebook and in Building Officials Offices trying to reach people any way possible to inform them of the incentive programs.

Ms. MacLeod said the first program announced was the utility incentive program supported by the electric and gas utilities. Any one with at least 200 square feet of damage to their home was eligible to earn up to $2,000 in incentives to make their home more efficient, even if the damage wasn’t in that part of the home.

Ms. MacLeod explained new homes that are built because the prior home was demolished would get their HERS rating coverage pretty much paid for, and they would be eligible for up to $1,200 in incentives just for building a more energy efficient home. Ms. MacLeod added since the Stretch Code doesn’t go into effect until January and it is only optional right now.

Ms. MacLeod explained today the Department of Energy Resources presented an outline of funds they are going to have, this is on-line and the incentives from the utility program can be added to the Department of Energy Resources incentives. Existing homes that had damage can receive up to $5,000 for energy measures; therefore they would get $2,000 from the Utility incentive plus $5,000 from the Dept. of Energy Resources incentive. For new homes and anyone doing a gut rehab, they would need to have the HERS rating as part of that and they would get $4,000 just to meet the Stretch Code. The DOER incentives are all zero percent interest loans. As the HERS rating gets more efficient, there are more layers of money available, the numbers that came out today are $8,000, 12,000 and a super efficient house - $20,000; the incentives for renewable energy haven’t been announced yet.

Mr. Goodrich questioned if they would be trying to collect money when they call upon the homeowners. Ms. MacLeod said no, if the resident is interested they will send the application back. Flyers can be found in the Building Inspectors Office, and the information is also on the Eco Technology website. Ms. Neggers said Secretary Sullivan gave her the website today of www.mass.gov/energy/rebuildwesternma .The telephone number for the Center for Eco Technology is 413-586-7350 ext. 242. People can access and use the incentives and the grants without going through the center; however there is no cost to use the Center. The information on the incentives will also be posted on the Eco Technology website at www.cetonline.org.

Ms. MacLeod announced next Tuesday, August 30th, there will be a training program in Monson at the Library called “Smart Building – High Performance Homes”, there are also flyers announcing this as well around town.

Anyone with windows that were blown out during the tornado can apply for the incentives as long as the building permit is open. Ms. Neggers encouraged people to utilize CET, as it is a great resource.

Mr. Maia stressed to residents the Center for Eco Technology is not looking for money, as people are getting inundated with telephone calls from people who want to help only to find out it will cost them several hundred dollars down the road.

The Board of Selectmen thanked Ms. MacLeod for coming in.

Monson Summerfest, a/k/a “Celebrate Monson” – One-Day Liquor License Application:
Vice-Chair of the Summerfest Committee Duane Miller approached the Board of Selectmen. Mr. Miller read the attached letter from Summerfest Chairman Stephen Slozak into the record and explained Mr. Slozak was unable to attend tonight’s meeting.

Mr. Miller explained the layout which the Board of Selectmen had copies of, for the Beer Garden, and noted two police officers will be in the Beer Garden. The Summerfest will have a total of nine police officers working the event. Mr. Miller noted the people who will be working in the Beer Garden have been T.I.P.’s certified.

Mr. Miller stated Mr. Slozak has spoken with the School Committee, Police Department, Highway Department, Fire Department, and the Parks and Recreation Department.

Mr. Miller said their insurance company has been notified and a certificate of insurance will be brought to the Selectmen’s Office just as soon as the Summerfest Committee receives it.

Mr. Miller explained a one-time vintage baseball game will start at 1:00 on September 3rd as part of the “Celebrate Monson”, with the other festivities starting at 2:00 p.m. and going until 11:00 p.m., at Quarry Hill Elementary School on Margaret Street. Fireworks will be held at 8:00 p.m. The rain date will be September 4th.  No pets are allowed and they will be asking for a $5 donation for parking. If people decide to leave and want to come back, a sticker will be provided for their windshield so they won’t have to pay again for parking.

The Board of Selectmen discussed the stage area and the younger people who might want to get closer to the band. Mr. Miller said they may be able to move the fencing area and they would take this into consideration, as they want everyone to enjoy themselves.

Ms. Neggers thanked Summerfest for their continued commitment, and thought it was great they were doing something at the end of the summer as she felt the towns’ people needs this.

Mr. Miller thanked the School Department, the Board Members, everyone involved and especially the town.

Mr. Goodrich made a motion to approve the one-day liquor license for the Summerfest Committee’s “Celebrate Monson”  on September 3rd with a rain date of September 4th, contingent upon receipt of the certificate of insurance. Mr. Maia seconded and it was so VOTED.

Dr. Smith noted Jane Jacobs requested permission to place a sandwich board in front of the Town Office Building at 110 Main Street.

Mr. Miller noted this is a large sign which is approximately 4 feet by 8 feet and quite heavy and added the sign is usually placed at the corner of Washington Street and Main Street on the day of the event.

Mr. Goodrich made a motion to approve the placement of the temporary signage as long as it does not impede traffic, foot or vehicular, or impede any visual needs. Mr. Maia seconded and it was so VOTED.

Mr. Miller said they are going to try to put up the American flags for Labor Day along Main Street and leave them up for September 11th. The flags will probably be taken down and put back up for Veteran’s Day. Mr. Miller noted the Summerfest Committee is taking donations toward the replacement of flags and holders that were lost in the tornado.

(7:30) Liquor License Violation Hearing – JHHM, LLC, d/b/a DeMaio Discount Package Store – employment of a person under the age of 18 for direct handling or sale of alcoholic beverages and alleged sale of alcohol to an intoxicated person:
The Board of Selectmen acting in the capacity of the local Licensing Commissioners convened the public hearing at 7:30 p.m. on a license violation regarding alleged illegalities permitted on premise for JHHM, LLC, d/b/a DeMaio’s Discount Package Store located at 145 Palmer Road. The alleged illegalities include the employment of a person under the age of 18 years for the sale of alcohol and the sale of alcohol to an intoxicated person.
Police Chief Stephen Kozloski, Owner/Manager Surjit Kaur and her husband approached the Board of Selectmen. Mr. Goodrich swore all of the parties into the record.

Chief Kozloski explained the incident as attached which occurred on July 30, 2011 at approximately 7 p.m. Chief Kozloski stated he observed a bicyclist who was traveling south pull into the northbound lane of traffic and then proceed down the center of the lane causing vehicles to stop and swerve so they wouldn’t hit him. Chief Kozloski noted he was assisted by Sergeant Gasperini.

Chief Kozloski stated the bicycle was located a short time afterward parked in front of JHHM, LLC d/b/a DeMaio’s Package Store with the bicyclist exiting the store carrying a six-pack of beer. The man had a strong odor of alcohol on his breath, very unsteady on his feet, slurred speech and had difficulty understanding the officer’s questions. The man admitted to consuming alcohol prior to riding his bicycle to the package store. The man was placed into protective custody due to his level of intoxication and was charged with disorderly conduct based upon his extremely unsafe actions on Palmer Road. The man was ultimately turned over to a family member.

Chief Kozloski stated when he entered the store to identify the clerk who sold the six-pack of beer to the intoxicated individual, there were three employees present. One employee was behind the counter and the other two were in other parts of the store. The person behind the counter said he was the employee who had just sold the six-pack of beer; he identified himself and noted he is 17 years old. The employee said he thought the customer was acting that way because it was hot outside and not because he was intoxicated.

Ms. Kaur’s husband explained he and his wife were attending a wedding that day and the package store was extremely busy as Adams Discount Liquor Store was closed due to damage caused from the tornado. Mr. Kaur said he asked his son come in to assist by taking care of the cooler and the can and bottle returns This person is the owner’s son and doesn’t work there all the time, this was maybe his third time in the past three years. The owner’s other son went in the back for something and Mr. Kaur said this son just jumped in to cover the cash register.

It was noted there hasn’t been any other violations for this establishment in the ten years Ms. Kaur has owned it.

Mr. Maia noted there are two issues here. The first issue is beer was sold to an intoxicated person. The second issue is much larger and that an under-aged person sold the liquor. Mr. Maia questioned how this person knew how to operate the cash register. Mr. Kaur replied this son works at the pizzeria they own in Amherst.

Ms. Kaur stated she is an active manager where under normal circumstances she is in the package store 40 hours a week. Mr. Kaur said his son will not be allowed back in the package store until he is 18 years old.

Mr. Maia told Mr. and Mrs. Kaur clearly this was a lapse in their judgment and in their son’s judgment, and he is glad it turned out the way it did because another lapse in judgment could have ended in somebody being killed. Mr. Maia said this needs to be taken very seriously and if their business comes before the Board of Selectmen again with another violation he will advocate the strongest disposition they can do within their power, and added hopefully it’s not because somebody was killed. Mr. Goodrich and Dr. Smith agreed.

Mr. Goodrich made a motion to the following:  issue a formal warning for the incidents in question to Ms. Kaur; second that she adopt a formal written policy for the company as far as working in this town stating no one under the age of 18 years would be working in the package store, and third for the employees to receive training regarding the detection of intoxicated customers within the next 60 days. Ms. Kaur is to provide the Board of Selectmen with a copy of the policy adopted and documentation of training for all employees in the establishment. Mr. Maia seconded and it was so VOTED.

Ms. Neggers added if there aren’t any training classes starting up within the 60 day time frame, they are to register and provide the office with the enrollment documentation.

Interview Evan Brassard re: Emergency Management Director Position:
Ms. Neggers noted the Emergency Management Director’s position is currently vacant. Mr. Brassard heard of this vacancy and approached Ms. Neggers. After meeting with Mr. Brassard, Ms. Neggers felt his credentials and his level of interest in commitment merited bringing him forward.

Mr. Brassard told a little about himself stating he grew up in town and has just purchased a house in town. He has a Bachelor’s Degree from the University of Massachusetts in Political Science and is half way through a program at Anna Maria College where he is working on his Masters in Public Administration with a concentration on Emergency Management. Mr. Brassard said he is currently a Quality Insurance Manager and Human Rights Coordinator for a non-profit agency that services people with developmental disabilities. Mr. Brassard also noted he writes all of the agencies safety plans, disaster plans and missing person protocol.

Mr. Brassard noted the Emergency Evacuation Safety Plan he writes outlines when and how people will be evacuated from the residence as well as where they will go, temporary resettlement, and who they call. Mr. Brassard said he does the same thing with the Disaster Plan which is sometimes the same thing but on a wider scale, and added this is practiced on a monthly basis. Mr. Brassard stated even though this is on a micro scale compared to what the Emergency Management Director does, he feels it’s in the same realm of developing plans, implementing plans, training on them and coordinating any effort that would need to be undertaken at the time.

Mr. Brassard said he has no experience with FEMA or MEMA but realizes this would be a big part of taking on the position of the Emergency Management Director and understands he would be the liaison between the two agencies, coordinating whatever needed to be worked on at that time depending on the type of emergency presented.

Mr. Brassard stated his job is flexible, within reason, and doesn’t foresee taking any needed time off of work to fulfill this position in the event another disaster happens as an issue. Ms. Neggers explained there is a stipend of about $1,500 annually for the position and added when the town isn’t in the State of Emergency, there is a lot of detail work, but it is work that he can peck away at on his own schedule. Ms. Neggers also stated Mr. Brassard would have to complete some mandatory ICS training.

Mr. Goodrich made a motion to appoint Evan Brassard as the Emergency Management Director effective immediately through June 30, 2012. Mr. Maia seconded and it was so VOTED.

Tornado Recovery Status:
 a. Post-Tornado - Long-Term Recovery and Volunteer Efforts
 b. Report on Tornado Losses – Current Estimated Town Losses/Expenses
 c. Any Other Updates
Ms. Neggers said so much is going on still and noted Karen King is here to talk about what she is doing with her group, as she has been working with the volunteer group assisting residents directly with clean-up and debris removal; and Lori Stacy is here to talk about the long term recovery with Case Workers.

Ms. King approached the Board of Selectmen and explained the volunteer group is still at the gazebo every Saturday and Sunday from 8 am to 2 pm. Ms. King said so far the volunteers have raised over $20,000 for volunteer efforts.

Ms. King said they have collaborated with the First Church of Monson and they have a big group of 75 people coming into Monson on September 10th and 11th to do another big clean-up weekend. The money they have raised will go toward renting bigger chippers that weekend to help clear the 50 foot fire hazard area from around houses. Ms. King said she has spoken with the Fire Chief to see who needs assistance with this. Once again, Monson Developmental Center will be putting the group up at night and the First Church will be feeding them.

Ms. King explained they get a 12 inch chipper and the chip is left on the people’s property. They will also have a lot of firewood, and some of the people who are volunteering to assist in cutting the wood are taking the wood in return for chopping it.

Ms. King noted they are still doing the Street Angles every week, walking around the area to see what the needs are. The hotline, 258-0207, is still in operation for anyone with needs or if anyone wants to help.

Anyone having issues with their insurance company may call 888-283-3757.

Ms. King also encouraged everyone to send in the applications for Tornado Relief Funds, as the deadline is September 15th.

Ms. King said she will work with the Boy Scouts on Saturday, September 10th as that is the day the Town Wide Tag Sale is going to be held and they are based out of the gazebo; and with the Veteran’s Agent on September 11th when a 9/11 Remembrance is going to be held at the gazebo. Ms. King said everyone is going to be pulled off site for the 9/11 Remembrance to pay their respects to the Police Officers and Firefighters.

Mr. Goodrich made a motion to continue the authorization for the use of the gazebo in Dave Grieve Park by the volunteers through the end of October. Mr. Maia seconded and it was so VOTED.

Ms. Stacy approached the Board of Selectmen and explained six people who attended two full days of Case Management training through the United Methodist Committee on Relief in July are working together as Monson’s long term recovery group. They will be working in teams of two letting people know they are available, meeting with them and finding out what their unmet needs are. This may involve appliances, furniture or any kind of health issues or support they are looking for. The local group will be working out of the Senior Center, and it was noted there is also a regional group as well.  

Ms. Neggers noted this is all done by volunteer efforts and offered many thanks to everyone who has participated.

Mr. Goodrich strongly encouraged people to engage in this, and noted it sounds like a real positive program for people.

Ms. Stacy said any senior in town with any needs may call the Senior Center at 267-4121.

Ms. Neggers gave an update noting the following:
  • On August 30th at 8:30 a.m. to 2 p.m. CET will be doing the Smart Building High Performance Homes training program at the Library.
www.Mass.gov/energy/rebuildwesternma is the web site with all the financial incentive and grant information for people building to the stretch code and beyond.
  • New on the town’s web site is a document drawn up by Police Chief Kozloski titled “Safe Guarding Vacant Homes”. This can be found by going to www.monson-ma.gov and clicking on the red banner at the top for Tornado Relief Information.
The Division of Insurance is putting out more resources at the State level and the telephone number for that is 888-283-3757.
Future Works and the Hampden County Regional Board received $3 million in grants to hire temporary workers. They are still looking for people who are temporarily dislocated from their jobs due to the tornado or long term unemployed (15 weeks or more). Ms. Neggers said she put in for positions to assist the town. These are union scale positions. Future Works will be in town doing trainings on Fridays from 9:30 a.m. to 11:30 a.m. Ms. Neggers said the contact telephone number is 413-858-2895.
Ms. Neggers said she and Hope Bodwell have been meeting with Jim Mazik of the Pioneer Valley Planning Commission. As part of the long term recovery process, they recognized the town needed some planning assistance, and Mr. Mazik has come out and met with them on several occasions. The town is now in the process of applying for planning funds. Ms. Neggers explained the planning funds through the Economic Development Administration require a match of funds and said the Town has Program Income to use in the amount of $7,900 from the Housing Rehab Program Income at the Planning Commission.
Mr. Goodrich made a motion to release the funds as a match toward the Pioneer Valley Tornado Recovery Capacity Building Program. Mr. Maia seconded and it was so VOTED.

          Ms. Neggers said the other available funding that she hasn’t begun working on yet
           was released last week by the Patrick Murray Administration for the Tornado  
           Recovery Planning Assistance grants.

  • A visioning program with the community has been set up for September 14th in the cafeteria at the Monson High School at 6:30 p.m. and Ms. Neggers said they want to hear from everyone.
  • Dr. Smith thanked the People’s Bank very much for their generous donation of $10,000 for help with trees in the downtown area damaged by the June 1st tornado.
Correspondence was read and completed.

At 8:50 p.m., Mr. Goodrich made a motion to adjourn from open session to go into executive session for the discussion of collective bargaining strategy – M.G.L. Chapter 30A, Section 21, (a) 3 – to discuss strategy with respect to collective bargaining or litigating position of the public body and the chair so declares, not to return to open session. Mr. Maia seconded and it was so VOTED.


______________________________
Edward A. Maia, Clerk