BOARD OF SELECTMEN
TUESDAY, AUGUST 14, 2012
The regular meeting for 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, Edward A. Maia and Edward S. Harrison. Also present were Town Administrator Gretchen E. Neggers and the media.
The Pledge of Allegiance was recited.
Acceptance of Meeting Minutes:
Mr. Maia made a motion to accept the meeting minutes for July 24, 2012 – open session and May 21, 2012 – executive session. Mr. Harrison seconded and it was so VOTED.
Storm Up-date from John Morrell:
Mr. Morrell approached the Board of Selectmen. Mr. Morrell showed the Selectmen before and after pictures of the roads affected by the rain on Sunday morning. Mr. Morrell noted twelve roads were directly impacted by the rain on August 12th; Beebe Road, High Street, Ely Road, Harrison Avenue, T-Peck Road, Cote Road, Aldrich Road, Chestnut Street, Fenton Road, Wood Hill Road, Reimers Road, and Homer Drive.
Mr. Morrell noted a lot of debris in the woods that came down during the tornado blocked the inlets to the culverts in the streams on Wood Hill Road and Homer Drive, causing them to overflow. Mr. Morrell said along with the help from his own Highway personnel, he hired three contractors - Palmer Paving, APMI from Monson and Lloyd Excavating also of Monson, to get the roads open and passable. The Town of Wilbraham sent over a street sweeper and a truck for a half day after asking Mr. Morrell if he needed anything. The Town of Hampden also offered assistance though he was only down to two men since three of his men were out.
Mr. Morrell said work is completed on seven of the roads. The work on Fenton Road and T-Peck Road will be completed tomorrow. On Beebe Road, the base coat of asphalt was put on the big section today, and tomorrow the berm will be put on. Work on High Street and Ely Road will be completed by the end of the week.
Mr. Morrell said he has been in contact with the DEP and the Monson Conservation Commission. Leslie Duthie of the Conservation Commission toured eight of the areas that work was done on today that were in the wetlands areas with Mr. Morrell, and as a result paperwork will be filed for emergency certification for work on three of the areas.
Mr. Morrell said his first priority was to make the roads passable and eliminate any safety hazards. The second mission was to eliminate areas that were exposed and susceptible to more damage, if more rain came. Mr. Morrell recommended the Board of Selectmen lift the State of Emergency as of tomorrow afternoon at 3:30 p.m.
Mr. Morrell said he estimates the cost at $97,860.00, and is very confident the cost will stay under $100,000.00. Mr. Morrell noted he doesn’t have the exact figures on the materials yet.
Mr. Morrell said this work does not qualify for Chapter 90 funds, as it doesn’t meet the minimum requirements.
Dr. Smith said he and Mr. Morrell walked around with Representative Brian Ashe yesterday, and Rep. Ashe said he will look into any State funding that might be available.
Ms. Neggers recommended seeking authorization to deficit spend pursuant to M.G.L. Chapter 44 Section 31, which will allow the town to pay these bills and at the Town meeting in the fall find a way to appropriate the funds to cover this deficit.
Mr. Maia made a motion to seek authorization from the State to deficit spend. Mr. Harrison seconded and it was so VOTED.
Mr. Harrison made a motion to lift the State of Emergency at 3:30 p.m. tomorrow. Mr. Maia seconded and it was so VOTED.
Dr. Smith thanked Mr. Morrell for the tremendous job he has done for the town, as well as the contractors, and the surrounding towns.
Mr. Maia noted the roads were all opened up by 6:00 p.m. that same day.
Monson Rotary – Update on Volunteer Recognition Event:
Mike O’Grady approached the Board of Selectmen to explain the dedication concert scheduled for Tuesday, August 21st at 6:00 p.m. Mr. O’Grady also showed the Board of Selectmen a picture of the remembrance stone to be dedicated, which has been placed in Dave Grieve Park honoring all of the volunteers who assisted in the aftermath of the June 1, 2011 tornado.
Mr. O’Grady said in the event it rains, the concert and ceremony will move across the street into Memorial Hall. They will have food for four hundred people.
Mr. O’Grady noted the fence has been repaired and showed pictures of the barriers they provided for, and added the barriers should be installed prior to this event to hopefully prevent vehicles from backing into the fence in the future.
Police Chief Stephen Kozloski said Lincoln Street will be closed for the overflow of patrons if there is a huge turnout. Main Street will be left open. He will also put at least one additional officer on duty that night to assist people with crossing the street, etc.
Ms. Neggers thanked the Rotary Club for all they do and for kind of adopting Dave Grieve Park, helping to maintain and taking care of it.
Mr. O’Grady thanked the Board of Selectmen for all of their support and all of the departments who assisted the Rotary Club with this.
Appoint Jason Mancuso as PT Police Officer:
Police Chief Stephen Kozloski and Officer Jason Mancuso approached the Board of Selectmen. Chief Kozloski explained Officer Mancuso has completed his training.
Officer Mancuso described his background.
Mr. Maia made a motion to appoint Jason Mancuso as a part-time Police Officer effective immediately through December 31, 2012. Mr. Harrison seconded and it was so VOTED.
Hearing on the Complaint of Lyn Hollinger against Dogs Owned by Michael Facchini:
Animal Control Officer Wendy LeSage, Lyn Hollinger and her daughter Kaitlin Hollinger approached the Board of Selectmen. Town Counsel was also present. Michael Facchini was not present for this hearing. Dr. Smith swore all the parties in.
Ms. Hollinger explained on May 31st of this year, two Rottweiler dogs came onto her property. The dogs were retrieved by a man in a black Jeep. Ms. Hollinger said she owns three cats. On May 31st, all three of her cats went outside, two came back and one did not. The next day she found her cat dead in the woods where the man was seen coming out of the woods with his dogs the day before.
Ms. Hollinger said in March of this year these dogs did attack chickens in the neighborhood.
Ms. LeSage stated this incident involving the chickens wasn’t reported to the Police Department until just a few weeks ago, on June 9th.
Ms. Hollinger said she would like to see the dogs restrained because she doesn’t feel safe walking on her street as these dogs often are loose.
Ms. Hollinger’s daughter Kaitlin, stated she was at home at the time the dogs were in her yard, about 8:00 p.m. She didn’t actually see the dogs attacking the cat, but did hear them barking. Kaitlin said she wrote down the license plate number for the vehicle that pulled into her driveway to retrieve the dogs from their fenced in yard. When Kaitlin’s mom returned home, she gave her the license plate number and told her about the dogs that had gotten in the yard. The vehicle came back registered to Michael Facchini, however in his statement he said it was his cousin, who was doing yard work at his house who retrieved the dogs and was driving his vehicle.
Ms. LeSage said when she got the call from the Monson Police Department she went to Ms. Hollinger’s house. Ms. LeSage said there was no mention of barking dogs and it was two days later when Ms. Hollinger notified Ms. LeSage of the cat. The veterinarian could not verify it was a dog that killed the cat and it was noted there are fox and fisher cats in the area as well, that would both kill cats.
Ms. LeSage stated this is the first time she has received a telephone call regarding Mr. Facchini’s dogs and didn’t feel safe in blaming this incident on the dogs based on the evidence. However, she did agree the dogs should not be loose and said if anyone sees these dogs running around loose they should call the Monson Police Department.
Ms. LeSage stated under M.G.L., every year a written or verbal warning must be given out on the first calendar year offense. Ms. LeSage said they don’t see any license information for Mr. Facchini’s dogs, so a citation has been issued, as well as a $50 fine for any dog that isn’t up to date on their rabies vaccination. A second offense warrants a $125 fine.
Police Chief Kozloski approached the Board of Selectmen and said there have been prior incidents with dogs owned by Mr. Facchini, and noted Mr. Facchini has not been co-operative, and he doesn’t know just how many dogs Mr. Facchini owns.
Ms. LeSage said the MSPCA recommends keeping cats inside as there are other animals out there that do kill cats.
John Morrell who was in the audience noted a few years ago, the Board of Selectmen held a hearing with Mr. Facchini and it was stated at that time Mr. Facchini was to keep his dogs restrained at all times.
Mr. Harrison explained this hearing isn’t about dogs, it’s about irresponsible dog owners and how to give the owners the message that action will be taken if the situation continues.
Dr. Smith said there is clear evidence Mr. Facchini’s dogs are loose even though there isn’t clear evidence they killed the cat.
The Board agreed any dog roaming around on your property is a nuisance.
It was reiterated, if anyone sees dogs loose they should report it.
Dr. Smith said based on law, all they can do is provide a written warning.
Mr. Maia apologized for the loss of Ms. Hollinger’s pet and said he wishes there was more they could do, and suggested she speak to her neighbors and anytime they see these dogs running loose, call the Police Department.
Ms. LeSage suggested having Town Counsel look into, in the event there is a second incident, what can be done given past history for irresponsible owners.
Town Counsel said he would be happy to explore all the options available to the town, and noted the important thing tonight is that a formal complaint has been filed.
Ms. Neggers said if there is a second incident it can be brought forward for a new hearing, and noted everything from this hearing will be brought forward in the second hearing. Ms. Neggers added there doesn’t appear to be enough substance of evidence to take any action here tonight, but the Board will continue to be vigilant. Ms. Neggers added Mr. Facchini has the right to attend or not to attend the hearings.
Town Counsel said both parties involved have a right to appeal any decisions made.
Ms. Neggers said appeals can be made in Palmer District Court, and those decisions can be appealed in Superior Court, and presumably to higher courts.
In Other Business to Come Before the Board of Selectmen:
- Mr. Maia made a motion to pay the Emergency Management Director a stipend of $100 from the Gifts to the Town Account for his services on Sunday. Mr. Harrison seconded and it was so VOTED.
The Board thanked Evan Brassard for doing another great job.
- Ms. Neggers explain the Planning Board needs legal counsel and in order to avoid any appearance of a conflict, our Town Counsel has requested a Special Counsel be appointed.
Mr. Maia made a motion to appoint Mark E. Draper as Special Counsel for the Planning Board for this one particular matter. Mr. Harrison seconded and it was so VOTED.
- Ms. Neggers said the Town did receive the first payment check from the insurance company in the amount of $4,095,407.00 for the 110 Main Street Town Office Building.
- Mr. Harrison mentioned he attended a forum last week in Springfield held by the Mass. Gaming Commission. Mr. Harrison said he had the opportunity to bring forward to their attention what has been happening with the Western Mass. Casino Task Force. One of the concerns he expressed was, if we need to create a Memorandum of Understanding with each of the potential applicants for a casino license (there are three or four in Springfield and one in Palmer; and this is required as part of the application process that the applicant has to get with each of the surrounding communities) this will require money and effort on our part. Mr. Harrison said legislation provides funding for expertise consultation and for the legal help fees. Mr. Harrison said there will be mitigation funds, both upfront from the license fees and ongoing mitigation from the operating
revenues of the casino once the casino is approved, constructed and operating. Mr. Harrison said Monson might still be considered a surrounding community even if the casino is built in Springfield.
Mr. Harrison said the point the Chair of the Commission Steve Crosby made to him was, you really need to pay attention to the Memorandum of Understanding issue. Mr. Harrison said we need to do that homework and we need to do it upfront because this is our “bite of the apple” so to speak, and we need to come up with the best deal we can with each of the potential applicants. Mr. Harrison said the town can approach the casino applicants directly.
Ms. Neggers said she has been trying to work with the department heads on the impacts a casino would have to our town, but they come up with about eight million dollars’ worth, and she didn’t feel it was realistic at all and added she has gotten very limited feedback. The impacts would be on Police, Fire, EMS, traffic on the roads, unknown impact on the schools, and unknown impact on housing.
Mr. Harrison added the impact would also be on the infrastructure, water, sewer, environmental, and the list goes on. Mr. Harrison said the Casino Task Force has made a first draft check list of items that need to be looked at, which they will make available. Mr. Harrison said a template would be very helpful and added other towns need to get on board.
Mr. Maia felt as the applications are submitted and they approach us, we will have some numbers to give them.
Mr. Harrison said after we are approached, we have 30 days to provide them with our Memorandum of Understanding, and he didn’t feel as though 30 days would be enough time to get the MOU done. Mr. Harrison felt the town might have to hire someone for consultation from someone who has had experience in the legal area, or a consultant and find out what other communities are going to do.
Town Counsel said it’s through the application fees that the initial fees for the Memorandum of Understanding fees are available, and once an application has been filed for a casino in Palmer, that’s the time to jump on things and hire a consultant. Town Counsel said right now, the thing is to talk with department heads regarding the impact.
Mr. Harrison said he would be willing to speak with the department heads to try to shepherd this along.
Mr. Maia said he thinks Monson is as ready as we can be at this time for the Palmer venue.
Ms. Neggers said the town has been laying off people, we’ve just dealt with a flood, and everyone is so far behind, she feels the State and the Gaming Commission should give the town some money to pay for the consulting help that we need to identify our impacts, as we don’t have a Town Planner, Community Development Department, etc. Ms. Neggers added Monson doesn’t have the professional manpower or capacity in this town to do everything that is expected of us.
Town Counsel noted he would be happy to sit down and go over this with the town, and felt as things start progressing everyone will have a better understanding of where things are going to go. Town Counsel noted funding is available in the licensing fee and in the on-going fee to continue this, for the initial application, and he believes it is upward of $10,000 for surrounding communities, if you are deemed that, just for the study.
Correspondence was read and completed.
At 8:30 p.m., Mr. Harrison made a motion to adjourn from open session to go into executive session to discuss non-union contractual strategy – MGL c.30A, Sec.21 (2), not to return to open session. Mr. Maia seconded and it was so voted.
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Edward S. Harrison, Clerk
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