BOARD OF SELECTMEN
TUESDAY, APRIL 9, 2013
The regular meeting of the Board of Selectmen convened at 6:15 p.m. In attendance were Edward A. Maia, Dr. Richard M. Smith and Edward S. Harrison. Also present was Town Administrator Gretchen E. Neggers. Mr. Harrison made a motion to go into executive session at 6:15 p.m. for a discussion of pending litigation – M.G.L. 30A Sec. 21 (3). Dr. Smith seconded and it was unanimously VOTED. At 7:00 p.m. Mr. Harrison made a motion to adjourn from executive session to return to open session. Dr. Smith seconded and it was unanimously VOTED. The media was now present.
The Pledge of Allegiance was recited.
Acceptance of Meeting Minutes:
Mr. Harrison made a motion to accept the meeting minutes of March 26, 2013 – open and executive sessions. Dr. Smith seconded and it was unanimously VOTED.
Monson Rotary Club
- Discussion of Gazebo Security Proposal
- Discussion of Downtown Crime Watch
- Discussion of Proposed Skateboard Bylaw
Rotary representatives Mike O’Grady, Dorothy Jenkins and Jean Bailey approached the Board of Selectmen.
- Gazebo Security Proposal: Ms. Jenkins said two quotes were provided to the Board of
Selectmen for security cameras at the gazebo in Dave Grieve Park; the first quote of $1,620 was back in November. Since then, Ms. Jenkins said the Rotary met with Police Chief Stephen Kozloski and Alternative Telecommunications, and the Chief added one more item, a high resolution outdoor vandal proof dome for the camera, raising the cost to $1,850; labor costs are being donated.
Mr. Maia suggested the Rotary Club get two updated quotes for the work.
Mr. Harrison said a representative from Comcast came out here to look at the location for the monitoring system and said if a separate cable drop is installed for this, the cost would be $94.00 per month, which would be an on-going cost not covered by any of the equipment purchases, this would also require a heated box to contain the modem, and Comcast discouraged going this route. The other possibility would be to go with a wireless camera transmitting a signal through a wireless router to either the Highway Department or the Fire Department.
Mr. Harrison said the question is whether or not the bandwidth would be sufficient to provide the kind of video required for that distance.
Mr. Harrison said he also spoke with Bruce Henriques from M-PACT, who assured him the wireless internet connection is the way to go, and said he could get a wireless camera from B & H Photo for $100.
Ms. Jenkins said the Rotary will go back and speak with Alternative Telecommunication and have them collaborate with Mr. Henriques about a set up that can function without being cost prohibitive.
It was agreed to resume this discussion at an up-coming Selectmen’s meeting.
- Downtown Crime Watch: Ms. Bailey explained the Massachusetts State trooper who heads up
this program has a Lieutenant and a trooper who are both willing to attend meetings with Chief Kozloski and the Rotary Club to go over all the pertinent data for the crime watch program, and to do the training with the Crime Watch members. Ms. Bailey noted twelve people have already signed up to participate in Monson’s downtown crime watch program.
Mr. Maia asked Chief Kozloski if he felt this program is sustainable year from year. Chief Kozloski replied he had a discussion with the Rotary Club members after the last Board of Selectmen’s meeting, and they came up with mutual expectations that the Police Department will be able to provide an officer to help facilitate and act as the liaison. Chief Kozloski noted the core purpose of the crime watch is, the members of the crime watch program actually perpetuate the whole concept; therefore as long as the members and the Rotary Club are willing to participate and continue to keep the interest of members in attending a monthly or bi-monthly meeting, that is sustainable to him. Chief Kozloski said all of the legwork and the administrative portion is up to the membership and not up to the Police
Department to run or train. The Police Department is there to facilitate, to answer questions, and to act as the liaison in the event people have questions regarding what people should be looking for, if there are specific individuals they should be on the lookout for, etc.
Ms. Bailey explained the calls or complaints will be called in to the block captain, who will then screen the calls to make sure it’s a legitimate call. There will be two block captains, one at the north end of town and one at the south end of town. The block captain will then phone the police with any important calls. Something serious such as a robbery will be phoned in right away. Ms. Bailey said a directory will be created so the members will have telephone numbers and/or cell phone numbers of neighbors and business owners so they can be contacted without having to look the numbers up.
Ms. Jenkins noted this is a business crime watch that will start at the Medical Center and go down to the Christmas Tree Shop, including the Zero Manufacturing building.
Mr. Harrison made a motion to approve the Rotary Club setting up, with the cooperation of the Police Department, a downtown business crime watch. Dr. Smith seconded and it was unanimously VOTED.
- Proposed Skateboard Bylaw: Mr. O’Grady explained the Rotary submitted revised language
for the regulation for a skateboard bylaw in the downtown corridor. Mr. O’Grady stated their concerns are, since the downtown area is the busiest area of the town, to protect not only the skateboarders from being hurt, but the citizens as well. Mr. O’Grady noted the Rotary Club has patterned this bylaw wording from the Town of Ware’s bylaws. The revisions were, to use street addresses rather than business names in part one and in section three they added a warning on a first offense.
Dr. Smith questioned section two where it is prohibiting use of skateboards in the following areas, which includes all municipal buildings, parking lots, etc., and all of the privately owned places. Dr. Smith wondered with all the privately owned places, since currently it’s up to the individual owner if someone is riding a skateboard on their property and they don’t want them there, they could always ask them to leave and if they don’t leave, the property owner can call the police. Mr. O’Grady responded that’s correct. Dr. Smith then asked why we would need this bylaw.
Ms. Bailey stated so the Police Chief could enforce it, and added no trespassing signs would need to be posted.
Dr. Smith asked again if a bylaw is needed if the skateboarder is on private property and asked to leave.
Mr. O’Grady replied what if the property owner isn’t there to tell them to leave, or while the owner is on the inside the activity is taking place on the outside, and felt this way there would be more visual on it.
Dr. Smith said if the skateboarder knows it is private property, they know they shouldn’t be skateboarding there.
Mr. O’Grady said he has signage that states no skateboarding and they don’t pay attention to it, and added he hoped by passing this bylaw it would change all of that.
Dr. Smith noted according to this bylaw, the skateboarders would not be allowed to use the skateboard park because that is on municipal property, and the bylaw states all municipal buildings, parking lots and property.
Ms. Jenkins responded, right now we don’t have a skateboard park and once a skateboard park has been designated, it would be authorized for people to use their skateboards. Ms. Jenkins said the wording can be tweaked during further discussion once this has been passed on to the Bylaw Committee.
Mr. Maia said he was contacted by several residents of the town following the last discussion of this bylaw. Mr. Maia noted words such as “profiling” were used by the residents who stated that skateboarders were seen as bad kids; that just because they ride skateboards or have large earrings, that doesn’t mean they are bad kids, and they wondered why they will not be allowed to ride their skateboards. Mr. Maia said another resident contacted him with information they received from the Police Department regarding the number of skateboard accidents versus the number of bicycling accidents, which was 4 to 1.
Dr. Smith felt skateboarding is a means of transportation as well. Dr. Smith said he likes Section 1 Part B as attached, but personally wasn’t in favor of Part A where it puts restrictions on the area.
Mr. Maia agreed with Dr. Smith. Mr. Maia said from someone who lives in the downtown area, five or six years ago there were some on-going issues with the same five or six kids in the downtown area, but he doesn’t even see skateboarders anymore.
Dr. Smith responded he has a business in the downtown area and rarely ever sees skateboarders.
Mr. Maia felt we just need to be careful not to single out one sub-group.
Mr. Harrison wondered about the BMX bicycle group as he has seen skateboarders in the past up on the granite at the Unitarian Church as well as the BMX bicycles coasting the steel railing, as well as the little scooters, and felt all of this apparatus on the sidewalks is problematic, yet he didn’t think you would want this type of apparatus out on the roadways, except for the bicycles if you are riding with the traffic and whatnot.
Dr. Smith said that would all be covered under the Part B.
It was noted there wouldn’t be enough time to send this to the Bylaw Committee, pass it onto Town Counsel, hold an advertised public hearing and place it on the Annual Town Meeting warrant.
Mr. Maia said he wasn’t ready to pass this along without it going to the Bylaw Committee as he felt there were components of it that weren’t even legal.
Mr. Maia and Dr. Smith agreed they would not support Section 1 Part A, but are in favor of supporting Part B.
Mr. Maia suggested the Rotary Club look at this bylaw again, making it less restrictive and mindful that we don’t profile. Mr. Maia also wondered how they would know the youth is providing his actual name and address.
Mr. Harrison noted the bylaw doesn’t address the issue if there are signs posted on private property stating no skateboarding is allowed.
Mr. O’Grady said the Rotary Club will do an amendment on the skateboarding bylaw and get back to the Board of Selectmen at a not too distant future date.
Quaboag /Riders Club – Request(s) Regarding Proposed August Event:
Quaboag Riders Club President Ron Guertin, Coordinator James O’Connell, and Secretary Manny Mansfield approached the Board of Selectmen.
Mr. Guertin said the Club is looking for permission to bump up the start time by a half hour. They are planning on approximately 400 riders each day, Saturday and Sunday. They would start out with the very small bikes, 50 cc which are relatively quiet and only one bike would run at a time. These bikes are no louder than a lawnmower. The other thing they are requesting is camping; they aren’t sure if the town will allow tents on the property or if they would just be allowed to have contained units.
Mr. Guertin explained the camping is necessary for the people who travel from other states, who have $30,000 in their equipment who don’t just want to leave it sitting there over night unattended, even though the Riders Club has security. Mr. Guertin said the gates will be locked at 9:30 p.m. and no one will be allowed to leave the grounds unless it’s a medical emergency.
Ms. Neggers asked how the zoning works for the hill climb.
Mr. Guertin stated they are grandfathered in and they have a special permit.
Ms. Neggers questioned if anything they are requesting would affect the special permit issued to them by the Zoning Board.
Mr. Guertin responded only the half hour advanced start time.
Ms. Neggers said she didn’t know if the Board of Selectmen could supersede their special permit.
Mr. Guertin said as it stands now they can start at 9:00 a.m. and they would like to start at 8:30 a.m.
Ms. Neggers suggested they ask the Zoning Enforcement Officer, Mr. Tacy, to confirm that this letter isn’t going to put the Club in trouble with their special permit.
Mr. Mansfield said the special permit was just for the other area, the hill was all grandfathered in. The special permit is to run events outside the hill in the new area.
Ms. Neggers said the camping is a zoning and Board of Health issue.
Mr. Guertin said this is the fourth event of this type.
Ms. Neggers noted this past year zoning complaints were received and the Club addressed those issues by getting the special permit. Ms. Neggers added the Riders Club is very responsive and very responsible.
It was agreed to table this until April 23rd, allowing Ms. Neggers time to consult with the Zoning Board to make sure we are all on the same page; what is grandfathered in and what isn’t.
Public Hearing – Proposed Change in General Bylaw (7:30)
- Regarding Finance Committee Appointments Between Town Meetings
Dr. Smith made a motion to open the hearing regarding the proposed bylaw change regarding the Finance Committee Article 2, at 7:50 p.m. Mr. Harrison seconded and it was unanimously VOTED.
Ms. Neggers read the current bylaw, Section 3, into the record and then read the proposed bylaw into the record as attached and shown in blue, as requested by the Moderator.
The Board of Selectmen asked for any comments by the public.
Finance Committee member Maureen O’Sullivan, 28 Silver Street, approached the Board of Selectmen. Ms. O’Sullivan wondered how this change came about, when did it get voted on by the Board of Selectmen to have this hearing and when did it get passed on to the General Bylaw Committee.
Ms. Neggers responded there has been no vote on this. The Moderator brought this forward and the Chairman of the Select Board scheduled this public hearing independent of the Bylaw Committee, this does not negate their authority to move independently, as the chief elected officers of the Town have the right to hold a public hearing and propose a bylaw change independent of the Bylaw Committee.
Ms. Neggers noted this hearing is not in violation of any law. Ms. Neggers further clarified the Moderator sought the hearing on changing the bylaw and felt there was an urgency to it as he felt there wasn’t adequate time.
Ms. Neggers said she did communicate with the Chairman of the Bylaw Committee and she indicated it was impossible for her to place it on her agenda in time, and that she would not consider it pursuant to the vote unless the Selectmen met and voted; therefore the Chairman of the Selectmen exercised his legal authority to schedule this hearing.
Mr. Maia explained to Ms. O’Sullivan bylaws do not always have to go to the Bylaw Committee, but they must come to the Board of Selectmen.
Dr. Smith explained this hearing is to vote to place the proposed bylaw on the warrant, it’s up to the people to decide at the town meeting whether it gets changed or not.
Ms. O’Sullivan said she didn’t feel as though this was a minor change, and felt having the vacancy on the Finance Committee filled by just one person is a very dangerous way to go, and added she would feel much better having the Board of Selectmen fill the vacancies.
It was noted the Finance Committee is the only committee right now who appoints their own members; all the other committees are appointed by the Board of Selectmen.
Finance Committee member Peter Fimognari, 245 Wood Hill Road, approached the Board of Selectmen and said the former way of filling vacancies on the Finance Committee has worked for over 100 years, and agreed he too felt the Board of Selectmen should decide who fills the vacancy on the committee if it has to be changed, that it shouldn’t be decided by just one person.
Erin Grassetti, Paradise Lake Road, approached the Board of Selectmen. Ms. Grassetti wanted clarification on the proposed process; stating the Moderator, if approved, is now going to appoint or not to reappoint, the members of the Finance Committee. Ms. Grassetti also felt one person should not have that authority.
Mary Watson, 11 Bogan Road, approached the Board of Selectmen and questioned if the Moderator would be abstaining from this discussion at the town meeting. Mr. Maia replied absolutely.
Valerie Beaudoin, 2 Country Club Heights, approached the Board of Selectmen and stated she was appalled to see the Moderator has the ability to appoint the Finance Committee members, as she agrees she does not feel comfortable with one person having complete control over her tax dollars, which is what the Finance Committee does through their recommendations. Ms. Beaudoin said she would feel much more comfortable having three people making the decision rather than just one person. Ms. Beaudoin asked what could potentially be done to make an amendment to this bylaw that would state the initial appointments to the Finance Committee go in front of the Board of Selectmen or be voted on by the town, as long as there is a majority of people.
Mr. Harrison explained this is the purpose of this hearing, to get input from the community on what they think is wrong with the bylaw, as it is currently being presented.
Dr. Smith said even if it does make it to the town meeting, residents can still stand up and propose a change to it.
It was unanimously agreed to leave this public hearing open until the next meeting, allowing time for Ms. Neggers to consult with Town Counsel.
Public Hearing – Proposed General Bylaws (7:45)
- Grant or Renewal of Licenses as affected by Non-payment of Local Taxes, Fees, etc.
- Secondhand Articles, Pawn Shop, Dealers and Collectors
Mr. Harrison made a motion to open the public hearing at 8:20 p.m. Dr. Smith seconded and it was unanimously VOTED.
2) Secondhand Articles, Pawn Shop, Dealers and Collectors: Ms. Watson said this proposed bylaw has been before the Bylaw Committee. Mr. Maia read the proposed bylaw into the record, as attached.
Cheryl Perkins, owner of the antique store located in the former bowling alley at 64 Main Street, approached the Board of Selectmen regarding a few issues. Ms. Perkins said she has attended all four or five meetings the Bylaw Committee had pertaining to this and felt there were a couple of things that were agreed upon at the Bylaw Committee meeting, that were not changed on this bylaw proposal.
Ms. Perkins said one of the things was retaining articles for 30 days, mostly the precious metals, gold, silver, and jewelry. They had agreed that items such as canning jars, an old wooden wheelbarrow, old children’s books etc., would not fall under having to keep that for a period of 30 days before it went to resale.
Ms. Perkins stated the other thing she had a problem with is taking pictures of the person who is coming in to sell items. Ms. Perkins said a lot of people who come in to sell items need money and/or are going through some kind of crisis in their family, and feels this is very humiliating and embarrassing if she is taking a picture of a seventy year old woman selling her plates or whatever and felt this is an invasion of privacy. Ms. Perkins felt a photo copy of a license and taking a picture of any precious metals and listing personal information is more than sufficient.
Mr. Maia said he wished the 30 day retention had been in place in another town when a family heirloom was stolen, as it was gone and melted down just three days after it was brought there.
Bylaw Committee member Mary Watson and Police Chief Stephen Kozloski approached the Board of Selectmen.
Ms. Watson said the bylaw’s intent was only to hold precious metals for 30 days, not all articles. Ms. Watson said it should state only precious metals versus all articles.
Chief Kozloski said he thought the photo issue was in the absence of a photo ID.
Ms. Neggers said she believes changes can be made to the wording in the bylaw as long as adequate notice is given to the public.
It was agreed to change the 30 days to include all jewelry and precious metal transactions only, the licensed dealer shall obtain a government issued photo ID, and the rest would stay the same. In Section 2B eliminate merchandise and put precious metals or gemstones.
John Schneider, 3 Waid Road, approached the Board of Selectmen and said he feels this bylaw needs a lot of fixing. Mr. Schneider felt the definitions were inconsistent and didn’t offer correct guidance to people who were trying to follow this bylaw. Mr. Schneider said for instance in Section 3 it states “all junk collectors, jewelers, pawnbrokers, secondhand dealers and auctioneers, who collect, by purchase or otherwise, junk, jewelry, old metals or secondhand articles from place to place in this Town shall be licensed by the Selectmen”. Mr. Schneider said once you are licensed you would fall down to section B, all junk collectors. Mr. Schneider felt a large population of the wives of the male residents would agree their husbands are junk collectors.
Dr. Smith noted at the top it states “All dealers in and keepers of shops”, therefore you would have to own a shop and be a junk collector.
Mr. Schneider wondered if under old metals, if P & F fall into this category with scrap metal; and felt the seller attests to these items with the deed, rather than the buyer attesting.
Mr. Schneider said he would be glad to help straighten out the language on this bylaw.
Ms. Watson said this bylaw wording came from the Town of Plymouth and geared it toward the shop keepers in town, but welcomed Mr. Schneider to attend any of the Bylaw Committee meetings.
It was agreed unanimously to leave this hearing open until April 23rd to allow time to make any necessary changes and clarifications.
Mr. Harrison made a motion to leave the proposed general bylaw 7:45 as well as 7:30 regarding Finance Committee appointments at town meeting and the secondhand article granting pawn shops, dealers and collectors, open until the next meeting on April 23rd when they can be reviewed again. Dr. Smith seconded and it was unanimously VOTED.
- Grant or Renewal of Licenses as affected by Non-payment of Local Taxes, Fees, etc.:
Ms. Watson said this bylaw has been reviewed by Town Counsel. Mr. Maia read Article 33, in accordance with M.G.L. Chapter 40 Section 57, into the record, as attached.
Ms. Watson noted the wording “Tax Collector” should be changed to “Town Collector”.
Dr. Smith made a motion to accept this proposed bylaw to go before the Towns people with the typos corrected. Mr. Harrison seconded and it was unanimously VOTED.
May Town Meeting
- Consider Special Town Meeting Warrant Article Requests
- Consider Annual Town Meeting Article Requests
- Close Special Town Meeting Warrant
Mr. Harrison read the attached list of thirteen warrant articles requested by Finance Director Deborah Mahar into the record.
Mr. Harrison made a motion to add the thirteen articles to the Special Town meeting warrant for May 13, 2013. Dr. Smith seconded and it was unanimously VOTED.
Mr. Harrison read the four articles requested by the Water/Sewer Department into the record, as attached.
Mr. Harrison made a motion to approve the four articles as read for placement on the warrant for the Special Town meeting on May 13, 2013. Dr. Smith seconded and it was unanimously VOTED.
Mr. Harrison made a motion to close the Special Town meeting warrant. Dr. Smith seconded and it was unanimously VOTED.
Mr. Harrison read the two Annual Town meeting articles into the record, as attached.
Mr. Harrison made a motion to add the two articles as requested to the Annual Town meeting for May 13, 2013. Dr. Smith seconded and it was unanimously VOTED.
Mr. Harrison made a motion to place an article on the Annual Town meeting warrant to appropriate and transfer a sum of money from free cash to off-set the October snow storm costs. Dr. Smith seconded and it was unanimously VOTED.
Ms. Neggers explained the request from the Planning Board for a new Zoning Flood Plain Bylaw.
Mr. Harrison made a motion to re-open the Special Town meeting warrant. Dr. Smith seconded and it was unanimously VOTED.
Dr. Smith made a motion to place an article on the warrant for the next Special Town meeting on May 13, 2013 regarding the Flood Plain bylaw that complied with the National Flood Plain insurance standards and endorsed by the Planning Board. Mr. Harrison seconded and it was unanimously VOTED.
Mr. Harrison made a motion to close the Special Town meeting warrant. Dr. Smith seconded and it was unanimously VOTED.
Mr. Harrison read, and made a motion, to place the three articles requested by the Community Preservation Committee on the Annual Town meeting warrant for May 13, 2013, as attached. Dr. Smith seconded and it was unanimously VOTED.
Approve Auctioneer and Billiards and Pool Table Licenses:
Mr. Maia read the list as attached into the record.
Dr. Smith made a motion to approve the pool table licenses as presented. Mr. Harrison seconded and it was unanimously VOTED.
Dr. Smith made a motion to approve the Auctioneer license as presented. Mr. Harrison seconded and it was unanimously VOTED.
Appoint Police Officer:
Police Chief Stephen Kozloski and Officer Charles Stone approached the Board of Selectmen.
Chief Kozlosk explained he is requesting Office Stone be appointed as a full-time officer to restore the position that was cut back in 2008.
Officer Stone explained his background.
Dr. Smith made a motion to appoint Charles Stone as a full-time office for the Town of Monson effective immediately, contingent upon successful receipt of physical, psychological and background checks, until June 30, 2013. Mr. Harrison seconded and it was unanimously VOTED.
In Other Business to Come Before the Board of Selectmen:
Ms. Neggers said she received a request from Pool Director Liz Manley, requesting permission for the Parks and Recreation Department to put up a pool banner on Wednesday or Friday of this week. The bucket truck at the Fire Department is still down, so the Monson Arts Council is unable to have their banner put up and the Parks and Rec. Department have a private contractor who has agreed to put their banner up as well as take it down. The Board of Selectmen agreed the Parks and Recreation Department could place their pool banner across Main Street.
Correspondence was read and completed.
At 9:30 p.m., Mr. Harrison made a motion to adjourn from open session to return to executive session to discuss collective bargaining pursuant to M.G.L. Chapter 30A § 21 (2), not to return to open session. Dr. Smith seconded and it was unanimously VOTED.
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Edward S. Harrison, Clerk
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