BOARD OF SELECTMEN
TUESDAY, JANUARY 29, 2013
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 Edward A. Maia, Dr. Richard M. Smith 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. Harrison made a motion to accept the meeting minutes of January 8, 2013 - open session. Dr. Smith seconded and it was so VOTED.
Approve Mutual Aid Agreement Between Monson and Palmer:
Police Chief Stephen Kozloski approached the Board of Selectmen.
Ms. Neggers stated Town Counsel has reviewed the proposed agreement.
Chief Kozloski said he is submitting this agreement to the Monson Board of Selectmen for approval on behalf of the Monson Police Department; simultaneously Palmer Police Chief Robert Frydryk will be making a similar request to the Palmer Board of Selectmen on behalf of the Palmer Police Department.
Chief Kozloski explained this document is a mutual aid agreement that basically clarifies the provisions of M. G. L. Chapter 41 which provides the availability for towns to enter into either formal or informal mutual aid agreements.
Chief Kozloski said this document has been widely accepted in most if not all, of central Massachusetts, arising out of the need for clarification on some of what the Police Chief’s feel are gaps in the law that resulted primarily from a decision that was handled in court a number of years ago in which police officers were limited from exercising certain police powers over the town line. The court said in their decision, there are some pretty simple fixes to this. Chief Kozloski said the courts didn’t offer what those fixes were, it was widely believed through Chief’s counsels and other various councils that they intended on either changing the statute altogether or encouraging towns to come to formal agreements like this. Chief Kozloski noted cases have gone to court with mutual aid agreements such as this, and they
have up-held in court.
Chief Kozloski explained by having this agreement in place, it won’t change any of the current practices. This mutual aid agreement is limited entirely to on duty officers only. If an on duty officer observes something, they can go after them, but they will not be patrolling each other’s towns. The biggest issue is arresting someone and transporting them out of town where there is no authority.
Mr. Harrison made a motion to accept the Mutual Aid Agreement. Dr. Smith seconded and it was so VOTED.
Mohegan Sun Casino Proposal and Abutting Communities Impact – Next Steps?:
Mr. Harrison said there has been a lot of competition in the casino arena recently with eleven applicants submitting their $400,000 for phase one of the application process. Phase two is the actual awarding process and the decision of where the casinos will go. There are four casinos trying for locations in Western Massachusetts; two casinos vying for places in Springfield, one casino vying for a place in West Springfield and one casino vying for a spot in Palmer.
Mr. Harrison said it is undetermined if Monson will be considered a surrounding community if the casino is built in Springfield, we are an abutting community to Palmer.
Mr. Harrison said he has scheduled a meeting tomorrow evening with the Western Mass. Casino Task Force to get up-dates to see where the proposal stands from Pioneer Valley Planning Commission, what the Gaming Commission has done, and to find out what our role will be in going forward.
Mr. Harrison said he included a document tonight for the Board of Selectmen that discusses who gets to be a surrounding community, and it’s looking for public comment by February 5th. Mr. Harrison said it’s his intention in the meeting tomorrow to determine whether or not the Casino Task Force have any comments, and added if any of the other Board members have any concerns to let him know prior to February 5th.
Mr. Maia questioned when Monson will have to come up with actual numbers on what the impact will be on our town. Mr. Harrison replied that will be determined when the phase two applications are due.
Mr. Maia asked if we find out which site has been chosen before we have to come up with numbers or after we have to come up with numbers. Ms. Neggers responded we will have to spend the time and money to come up with the impact numbers as a surrounding community prior to knowing the location of the casino in Western Mass., as this piece has to be done as part of the casino’s application process.
Mr. Harrison said the phase two application information will not be made available until the summertime. Mr. Harrison said we have some time to decide what the impacts will be and felt as though we might consider hiring a consultant, for which there will be funds supposedly according to the draft regulations.
Ms. Neggers reiterated the impacts on our community will have to be addressed as part of Mohegan Sun’s application package, but we don’t have expertise at the local level to identify the potential impacts, and felt we need to have a consultant and we need to have a way to pay for it; and she didn’t think it was fair at all that the taxpayers of Monson would have to pay for it.
Mr. Harrison replied that isn’t the intent of the legislation, the intent is the applicant will end up paying for it.
Mr. Maia agreed we will have to hire a consultant and we will need to find a way to pay for it, and felt we should contact Senator Brewer’s Office. Mr. Harrison said an ombudsman has been appointed by the Mass. Gaming Commission to answer those types of questions, and felt we need to get in contact with him.
Mr. Maia felt step one would be to contact the ombudsman to see how we pay for the consultant; step two would be to write the RFP for the consultant.
Ms. Neggers questioned if we would get enough money to cover hiring a consultant or if we would get any money; when would we get it, what will it pay for, and is it going to be restrictive?
Mr. Harrison said he would reach out to the ombudsman and also felt it would be in Monson’s best interest to directly contact Mohegan Sun.
Mr. Harrison was asked to bring back any information from the ombudsman to the next meeting.
Mr. Harrison said we need a consultant who has some expertise in gaming establishments and surrounding communities as well as a legal background.
Mr. Maia said we need to think of the impact five and ten years from now as well.
Ms. Neggers said we have tried as much as possible internally, but we just don’t have the expertise and noted we don’t’ even have a planner.
Mr. Maia asked Ms. Neggers to make the casino a standing agenda item.
Gifts to the Town Funding Request – Replacement U.S. Flags and P.O.W. Flags:
Ms. Neggers requested the use of Gifts to the Town funds to pay for the purchase of flags at $266, and $105 for the repair of the clock at Dave Grieve Park.
Ms. Neggers also said there is a $590 a year preventative maintenance contract for the clock if the Board wished to approve it.
Dr. Smith made a motion to approve the expenditure of $266 for the flags and $105 for the repair of the clock. Mr. Harrison seconded and it was so VOTED.
Correspondence was read and completed.
At 8:05 p.m., Dr. Smith made a motion to adjourn from open session to go into executive session to discuss collective bargaining pursuant to M.G.L. Chapter 30A §21 (2) and to discussion non-union bargaining pursuant to M.G.L. Chapter 30A §21 (2) and pending litigation, not to return to open session. Mr. Harrison seconded and it was so VOTED.
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Edward S. Harrison, Clerk
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