TOWN OF CHARLTON Minutes of Regular Selectmen s Meeting March 24, 2009

Transcription

1 Submitted by Date Received by TOWN OF CHARLTON Minutes of Regular Selectmen s Meeting March 24, 2009 Date Present: Chairman Frederick C. Swensen, Vice-Chairman Peter J. Boria, Clerk Kathleen W. Walker and Member Scott D. Brown 1. Also present, Town Administrator - Robin L. Craver. Absent: Member John R. Bacon. NOTE: Some matters may have been taken out of agenda order but were typed up in agenda order for ease of locating information when necessary. I. Call to Order: Chairman Swensen called the meeting to order at 6:30pm with the pledge to the flag. II. Consent Agenda: 1. Approval of February 24, 2009 minutes. Motion by Ms. Walker to approve the minutes of February 24, 2009, seconded by Mr. Boria, motion carries. 2. Approval of March 10, 2009 minutes. Motion by Mr. Boria to approve the minutes of March 10, 2009, seconded by Ms. Walker, motion carries. 3. Approval of March 17, 2009 minutes. Motion by Mr. Boria to approve the minutes of March 17, 2009 seconded by Ms. Walker, motion carries. III. Community Relations, Announcements and Open Forum: Chairman Swensen read the announcements. Linda Davis, resident and Chairman of the Recycling Ad Hoc Committee and Erin Anderson, fifth grade teacher at Charlton Elementary School came before the Board to give an update on the earth fest planning. It will be held on May 2 nd from 11:00 to 3:00pm on the common. Trash clean up is from 9am 12noon. They have a few requests. One is from the fifth graders, which is asking if the Board would allow the Earth Fest Planning Group to replace one of the trees in front of the Town Hall with a new tree. This tree will be donated by Bigelow Nurseries at no charge. The fifth graders working with the Earth Fest Planning Group are: Veronica Dumas; Olivia Kiritsis; Joey Fontana; Dante Santella; Jeremy Rabidou; Michael Ropoza; Emily Corfey; Scott Ambrosia; Coner Leonard; Benjamin Augustine; Christian Cutroni; Kim Mazejka; Emily Carpenter; Alexander Tkacheuko; Chaylor Kern; Ashley Salgado and Krista LeBlanc. Brent Sellew said he would bring his equipment to dig the hole if this request is approved. Motion by Mr. Boria to approve the request to plant a new maple tree at a sight yet to be determined, seconded by Mr. Brown, motion carries. They would also like to have the town hall open until 3:00pm during the Earth Fest for use of the bathrooms. The cub scouts will also be holding a car wash the same day, they are asking if they could get signs in the circular driveway stating one way to ensure safety. They would enter in the south end and exit the north end. Mr. Brown stepped down from the table to ask a question. He stated that some businesses will be open that day along this road. Where would people park that go there? Chief Pervier said they could designate a few spots for these businesses. He also said that if this is going to be a problem, he would ask the board to at least let them close off 75 feet in front of the building. Motion by Mr. Boria to make the portion of Main Street in 1 Scott D. Brown, Member entered at 6:35pm 1

2 front of the town hall one way heading south to north and that we section off the property in front of the town hall as no parking on either side of the road, seconded by Ms. Walker. Vote taken: 3 ayes, Mr. Brown abstained. Chairman Swensen asked that the location for the tree be placed on the next agenda so that we may have time to go out and walk the common. IV. Appointments/Resignations: 1. Resignation Michael V. Lovely has resigned as a Charlton Auxiliary Police Officer due to personal family obligations. Motion by Mr. Brown to accept the resignation of Michael V. Lovely, seconded by Ms. Walker, motion carries. V. Scheduled Appointments 6:45pm Pole Hearing H. Putnam Road. Chairman Swensen opened the hearing by reading the notice as sent to the abutters. The Charlton Board of Selectmen will hold a public hearing on Tuesday, March 24, 2009 at 6:45pm in the Selectmen s Meeting Room, 37 Main Street, Charlton MA to act on a request from Verizon New England, Inc. and Massachusetts Electric Company to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by petitioners, along and across the following public way or ways: H. Putnam Road: Place one (1) new jointly owned pole numbered T19S / E19-84 on the westerly side of H. Putnam Road at a point approximately 563 +/- feet southerly from Trolley Crossing Road at its intersection with H. Putnam Road. Anyone wishing to be heard on this matter should appear on the date and time specified, or submit concerns in writing. This request has been forwarded to the Police Chief and Highway Superintendent and both have approved. Chairman Swensen opened the hearing at 6:55pm. Scott Burns from Verizon and Sue Payne from Mass Electric were present. Seeing no questions, motion by Mr. Brown to close the hearing at 6:57pm, seconded by Mr. Boria, motion carries unanimously. Motion by Mr. Boria to approve the request, seconded by Mr. Brown, motion carries. VI. Old Business: 1. Revisions/recommendation to Charlton Sex Offender Residency By-law. Mrs. Craver stated that we have received the Charlton Sex Offender Residency By-law with revisions by the Attorney General s office and recommendations/suggestions from Attorney Cosgrove. Chief Pervier has asked to have Attorney Cosgrove draft the recommendations that were made by the Attorney Generals office and place said revisions to the Charlton Sex Offender Residency Bylaw on the May 2009 Annual Town Meeting which a place holder has already been approved by the Board. We will be working with Attorney Cosgrove to get this article prepared for Town Meeting. Chief Pervier stated that he was comfortable at town meeting with the 500 ft radius and he would ask for it again. Motion by Mr. Boria to ask Town Counsel to incorporate the Attorney Generals recommendations to a revised sex offender bylaw to present at town meeting, seconded by Mr. Brown, motion carries. 2. Contract with the Historical Society for Management of #2 Schoolhouse. Mrs. Craver stated that attached is a proposed Agreement for the Board s review between the Town of Charlton and the Charlton Historical Society for the assumption of the general management operations for the #2 Schoolhouse and Militia Lot. At a previous meeting, she was directed to work with the society to create an agreement in order for the CHS to oversee and manage the two properties. Proposed is a five year contract that can be dissolved with a 30 day notice by either party. Each party shall add the other to their insurance policies as an additional insured. Also, the Town shall continue to be responsible for general maintenance including plowing and utilities. If approved and directed to, she will work with the Society to produce a reasonable maintenance plan and provide for such a recommendation in the budget under the municipal building line item. Ms. Cooper is also present to answer any questions that the 2

3 board may have. Mr. Boria asked if there were any restoration projects that the Historical Society expects us to make before they take it over? Mrs. Craver is not aware of any at this time. If changes/restoration should need to be made, it will be within our budget. Ms. Cooper stated that the Historical Society does not have anything planned at this time for use but would like to see it used more frequently. They would like to put some of their displays in there. Mr. Boria would like the building to be used seasonally as it is now. Curtis Meskus approached the board. He stated that he has been asked to go out and review the heating system in the building but has not been able to do this yet. He said once he does get out there, he will submit a report to the Board of his findings. Peter Cooper, also part of the Historical Society, stated that this building belongs to the Town of Charlton. The Friends of the Schoolhouse did fundraisers to make the necessary repairs. It is a town building which the town should maintain. Mr. Boria would like to see what Mr. Meskus comes up with first before a decision is made. Mrs. Craver asked the Board if they would hold off on the vote until the Board s next meeting to allow her to work with the Building Commissioner on the status of the heating system and to come up with a plan. Motion by Mr. Brown to defer this until after we have an assessment by the Building Commissioner, seconded by Mr. Boria. Vote taken: 3 ayes, Ms. Walker opposed. 3. Town Budget Discussion continued a. Salary Line Freeze Mrs. Craver stated that at the Board s last meeting, she was directed to work with the department heads supervising departments where the salary line was level funded and the subsequent unions had not voluntarily agreed to a wage freeze. POLICE Mrs. Craver presented the Board with a recommendation from her and Chief Pervier which involves the layoff of two (2) full time officers as well as one (1) part time officer. Also attached are two staffing plans, one with the previous staffing level of 19 and one with the proposed staffing plan that has 16 officers. They are also recommending that one of two officers serving on the SWAT team be removed. Mr. Boria asked that if the grant comes into play, how does it affect the level funding and freezing wages and increase staffing when other unions can t. The town would be responsible for the fourth year. Chief Pervier understands that there will be a take away from his budget to make up the dollar figure. He is asking the Board to allow him to move forward to get the grant to allow him to maintain his staffing level and if he doesn t get the grant to face reductions. Mr. Boria stated that we have level funded salary items in our budget. Motion by Mr. Boria to ask the Town Administrator to work with Chief Pervier to implement the staffing plan for 16 officers and send out whatever notices that need to be sent as required by their contract, seconded by Mr. Brown, motion carries. FIRE Mrs. Craver stated that attached is an MOA and side letter in which the Firefighters Union has agreed to the wage freeze. She and Chief Cloutier have worked with the union in order to assure that the side letter contains items of general housekeeping or clarification. The one substantive change changes the beginning of the holiday shift and this is proposed as an administrative clean up. The present start time is in the middle of a shift and the new start time is at the beginning of the shift. This cleans it up for payroll purposes and there is no gain to individuals. They are recommending the Board vote to approve both the MOA and the side letter. With no questions, the Board thanked Chief Cloutier and the Fire union for their cooperation. Motion by Mr. Brown to accept the Memorandum of Agreement between the Town of Charlton and the Firefighters union, seconded by Ms. Walker, motion carries. Motion by Mr. Brown to accept the Memorandum of Agreement between the Town of Charlton and the 3

4 Permanent Firefighter s Association which outlines clerical housekeeping and slight changes to the contract, seconded by Ms. Walker motion carries. HIGHWAY Mrs. Craver stated that in order to operate most efficiently for FY10 given that the Board of Selectmen have voted to level fund the Highway Department s salary line item, we respectfully request the following plan for a reduction in staff. We propose to eliminate one heavy equipment operator, 3 light equipment operators and 1 laborer for the month of July beginning our limits for FY10. There will be a savings of $3,963 in health benefits for one month. Gerry Foskett, Highway Superintendent was present. After discussion, Mr. Brown questioned what the contract says for sick time buy back and unemployment? Mrs. Craver stated that she would like to ask to bring this back to the Board at their next meeting to allow more time to review. b. Quinn Bill Mrs. Craver stated that at the Board s meeting held on March 17 th with the Finance Committee, it was asked to have the Quinn Bill put on the agenda. She provided some back up information for the Quinn Bill. The Quinn Bill refers to MGL statute, Chapter 41, Section 108L which provides police personnel and educational pay increase added to their base pay. The Town of Charlton adopted the statute at the May 1, 1976 Annual Town Meeting. The statute mandates that the Town pay 50% and that the State pay 50% of the costs. Increases are based on their qualifying degree, namely any regular full time police officer commencing such incentive pay program after September 1, 1976 shall be granted a base salary increase of ten per cent upon attaining an associate s degree in law enforcement or sixty points earned to a baccalaureate degree in law enforcement, a twenty per cent increase upon attaining a baccalaureate degree in law enforcement and a twenty five per cent increase upon attaining a master s degree in law enforcement or for a degree in law. She further cited a case that was filed against the Town of Agawam claiming that the Quinn bill pay was to be added to all overtime. The Police Association won the case and the town was made to pay damages. The court rules that because it was part of an officer s regular pay (base plus Quinn) that the Fair Labor Standards Act required it to be included as part of overtime. At the time, many police departments began to include the extra 10, 20 or 25% to overtime pay rates. All Quinn bill pay for overtime is paid by the town. The statute was never changed to include that the State pay its 50%. It is estimated that FY09 s overtime Quinn pay costs to the town were about $60,000 with no 50% matching state monies. Motion by Mr. Boria to send a letter to the legislatures asking them to fully fund their portion required by MGL Ch. 41, sec 108L which is to reimburse us a full 50% of the Quinn bill requirements and that if they do not do that, to consider rewriting the statute so that the Town would not be responsible to fund what they do not give us and possibly make it a match incentive agreement instead where we match the same contribution that they do for that, seconded by Mr. Brown. Mr. Brown asked if this could be made into a two part motion for clarification. To make it clear, Mr. Boria restated his motion to consist of the letter to the legislatures asking them to fully fund their portion of the Quinn Bill required by the statute under M.G.L. Ch. 41, sec 108L, seconded by Mr. Brown, motion carries. c. Revised budget Mrs. Craver presented the Board with a revised budget with recommendations from the Finance Committee and the Board of Selectmen. The Finance Committee has requested to fund Old Home Day in the amount of $1,000. This shift reduced the Planning Board s Planning Studies line item another $1,000. Also, there will be an excess in the Police Budget that can be re-allocated. Ms. Walker asked the Board to consider bringing back the old home day funding as it was last year. The money is used for items like tents, port a potties, trophies, etc. She is concerned of 4

5 cutting the funds. She would like to see it funded at $4, She made some recommendations such as taking money out of stabilization. Mr. Brown appreciates Ms. Walker s comments but the argument made for Old Home Day could be made for any item in the budget. Motion by Mr. Brown at this point, with the draft dated 3/20/2009 column 10 that we support the recommendation as of today, seconded by Mr. Boria. Ms. Walker would like it put off until Mr. Bacon returns which will be before the next meeting. Vote taken: 3 ayes, Ms. Walker opposed. 4. Annual Town Meeting Warrant discussion continued Mrs. Craver has updates for the warrant. As directed, she has conferred with town counsel regarding non union and it was suggested to add language to the main budget motion. Article 24 Prindle Lake there is a tentative meeting date of April 13 th. The Board approved the date and the office will post it. Articles 27 & 28 we are still waiting for warrant articles. 5. Trench Safety Permitting Authority - Mrs. Craver stated that at the last town meeting, the town voted to authorize the entity that will permit trenches according to the new regulations. She provided the board with a summary of the bill and a particle list of other towns and who they have used for their permitting authority. She also stated that at town meeting, the Board would hold a multi-board meeting on this issue as many differing opinions were offered as to whom should be permitting for which projects. She would ask the Board to add it to their April 7 th agenda as a scheduled appointment at 7:30pm. VII. New Business: 1. Special Permit Application The Planning Board will be holding a public hearing on April 1, 2009 for the special permit application submitted by Para Land Surveying, Inc. on behalf of Sir Francis Charlton, LLC proposing to create one reduced frontage lot of 5.35 acres, to construct one single family home. The property is zoned Agricultural (A) and is located westerly off of Casey Road. Should the Board wish to provide any comments on the application, we must notify the Planning Board no later than March 26, No comments. 2. Shepherd Hill Drama Club A request was received from the Shepherd Hill Drama Club seeking permission to hold a toll road in Charlton Center on Saturday, April 11, 2009 from 9:00am 3:00pm. All funds raised will be used for the upcoming play Grease to be performed at Shepherd Hill Regional High School on May 8, 9 and 10 th. This request has been forward to Chief Pervier who is in favor of this request contingent upon the following safety precautions: All volunteers must wear bright colored vests while soliciting donations; Orange traffic cones must be set out on Main St. and Masonic Home Road for a distance of not less than 50 feet on each respective way prior to reaching the toll station. A minimum of 5 traffic cones on each roadway should be put in place at a distance no greater than 10ft. apart; and Signs warning Voluntary Toll Booth Ahead must be erected on both Masonic Home Road and Main St. not less than 75 feet from the toll station. Should the Board approve this request, please consider adding the recommendations from Chief Pervier to the motion. Motion by Ms. Walker to approve this request as stated in Ms. Craver s memo of March 19, 2009, seconded by Mr. Brown, motion carries. 3. Boot Drive Policy Mrs. Craver stated that due to the increasing request for boot drives / toll stations on Main St. and Masonic Home Road, she and Chief Pervier are recommending the Board enact the following policy: Boot drive or toll station are limited to no more than eight (8) times a year unless the Charlton Board of Selectmen vote to allow additional requests; Each group must be either a charity or a non-profit; Each group be limited to one (1) drive per year; 5

6 No toll booth or fund drive be allowed during inclement weather; All volunteers must wear bright colored vests (yellow, orange, green or red) while soliciting donations; Orange traffic cones must be set out on Main St. and Masonic Home Rd. for a distance of not less than 50 ft on each respective way prior to reaching the toll station. A minimum of 5 traffic cones on each roadway should be put at a distance no greater than 10 ft. apart and Signs warning Voluntary Toll Booth Ahead must be erected on both Masonic Home Road and Main Street not less than 75 feet from the toll station. Mr. Boria agrees with limiting it to maybe 8 or 10 but doesn t feel we should have discretion to change the limit of these per year. Motion by Mr. Brown to hold off on approving this until further information is received, seconded by Mr. Boria, motion carries 4. Grant proposal for ADA Enhancements Mrs. Craver provided the Board with a proposal from Bay State Grants to assist the Town in preparing a grant application to the Department of Housing and Community Development. The grant would be aimed at funding to complete recommendations from the ADA Transition Plan. Hopefully we will be able to attain funds for an elevator, windows and door replacement, new handicapped ramp and other assessable improvements. Mrs. Craver would recommend to the Board that we enter into this agreement and begin the application. There will be no cost to the town for approving this proposal. If this proposal is approved, Bay State Grants will include their compensation into the proposed CDBG grant application as an administration fee. Motion by Mr. Brown that we enter into the agreement, seconded by Mr. Boria, motion carries. VIII. IX. Student Selectperson Report - Timothy Nikopoulos gave an update on what has been going on at Shepherd Hill. Town Administrator Report Mrs. Craver reviewed her report. (see attached) X. Other Business: Chairman Swensen asked the Board to review the 2008 Annual Town Report for Selectmen that s in front of them and to let him know if they have any comments to add. Mr. Boria thanked the two unions that did vote to work with us and enter into the MOA s. We appreciate it. XI. XII Adjourn/Executive Session: Motion by Mr. Brown to go into executive session at 9:34pm under MGL, Chapter 39, section 23b, #3 & #6, seconded by Mr. Boria. Roll call vote: Mr. Brown aye, Ms. Walker aye, Mr. Boria aye and Chairman Swensen aye. Chairman Swensen stated that we will convene to open session for the purpose of adjourning. Next Meeting Announcement: Next Regular Selectmen s Meeting April 7, 2009 Respectfully submitted by: Mary C. Devlin Administrative Assistant 6

7 Accepted by: Frederick C. Swensen, Chairperson Kathleen W. Walker, Clerk Peter J. Boria, Vice-Chairman John R. Bacon, Member (absent) Scott D. Brown, Member 7