Board of Selectmen

 January 26, 2009

 

A meeting of the Board of Selectmen was called to order by Chairman Joseph Montecalvo at 7:00 PM, Northbridge Town Hall, 7 Main Street, Whitinsville, MA.  Present:  Messrs. Ampagoomian, Nolan, Marzec and Melia.  Also Present: Theodore D. Kozak, Town Manager. 

 

The Pledge of Allegiance was recited by those present.

 

Employee and Volunteer Appreciation Awards for 25+ Years of Service.  Chairman Montecalvo presented a plaque to James Carse for his many years of service to the Town.  Three other individuals, Beatrice Rymeski, Lucille Blair and Jeanne Gould also received plaques but were not able to be present at tonight’s meeting. Town Manager Kozak presented plaques to the following employees for their many years of service: Steven Dupre, Fire Chief Gary Nestor, Arthur Magowan, David Morrow, Francis Jackson, Police Chief Walter Warchol, Robert Briand and David White.  Other employees, Robert Lachapelle, Donald Roy, Bruce Blair, Brian Castell and Shawn Heney

also received plaques but were unable to attend tonight's meeting.  

 

Approval of Minutes. December 22, 2008 - A motion/Mr. Ampagoomian, seconded/Mr. Nolan to approve the December 22, 2008 minutes as presented with the readings omitted.  Vote yes/Unanimous.

 

Public Hearing/7:05 P.M. Cont’d. FY 2009 Community Development Block Grant.  Present:  Gary Bechtholdt, Town Planner.  Mr. Bechtholdt announced that tonight’s meeting was a continuation of the January 12th meeting.  Continuing, he mentioned that a Public Workshop Meeting was held on Tuesday, January 20th, 6:30 PM, at the Planning Office and residents and property owners came in to discuss the funding of possible activities for the FY '09 CDBG grant such as Infrastructure Improvements, Housing Assistance, Economic Commercial Rehab, Public Facilities and Public Social Services.  Those present inquired about the following issues:  1) the need to have Crescent Street improved due to the high traffic area and 2) a possible housing rehab program.  They also expressed desire to clean up and repair tenant structures within the target area.  Others suggested we look to offer some public social services.  The public was reminded that eligible projects must satisfy one of three national objectives: 1) must benefit low to moderate income persons, 2) prevent or eliminate conditions of slums or blight, and 3) address an urgent or critical community need.   Mr. Bechtholdt reiterated that a community may submit their grant application under two different funding pools: CDF I and CDF II.   He then explained the difference between them noting that under CDF II, the Community Need Score is not calculated in the overall scoring of the application. In addition, under CDF I, the funding eligibility is $750,000 and $700,000 under CDF II.  Mr. Bechtholdt further explained that should the town decide to move forward with CDF II and be awarded the grant, the town would have to wait a year, as they will not be eligible until the next cycle.  There being no further questions, a motion/Mr. Marzec, seconded/Mr. Ampagoomian to close the public hearing.  Vote yes/Unanimous.  A motion/Mr. Melia, seconded/Mr. Nolan to submit the FY '09 CDBG application under CDF II for an  infrastructure project on Crescent Street.  Vote yes/Unanimous.  A motion/Mr. Ampagoomian, seconded/Mr. Nolan to release all draft minutes pertaining to the CDBG hearing and public meetings to submit with the application.  Vote yes/Unanimous.

 

Appointments/By the Board of Selectmen:

1) Northbridge Community Access and Media Inc. [Cable Non-Profit Corporation].  Positions: One 1-year Term, One 2-Year Term, One 3-year term.  Applicants: a) Harry Berkowitz, b) Ronald Guillaume, c) Daniel Nolan, and d) Sharron Ampagoomian.  Selectman Ampagoomian read aloud a statement referencing a disclosure he made pursuant to “Conflict of Interest” under M.G.L. Chapter 268A, Paragraph 23B & 3.  He mentioned that he had a long conversation with the State Ethics Commission regarding these appointments and explained to them that he is a Selectman in the Town of Northbridge and his wife has been a member of the Cable Advisory Board for a number of years.  Mr. Ampagoomian noted that the State Ethics Commission Representative asked him a number of questions to which he responded that there is no financial gain for his wife and that she does not influence him at all with any decision-making processes.  He then reported that the State Ethics Commission felt he is capable of performing his duties as a Selectman and could participate in appointing members to the Non-Profit Northbridge Community Access and Media Inc. Corporation.  Selectman Ampagoomian stated that the disclosure statement is on file in the Town Clerk’s Office.  Selectman Marzec requested a written statement/determination from the State Ethics Commission saying such.  Selectman Ampagoomian responded that he  never asked for a written statement nor did the representative offer one.  Selectman Marzec offered a motion to hold off on the appointments this evening as the application deadline had not been posted for 30 days.  Selectman Marzec asked the following questions: 1) When did the Board of Selectmen vote on this particular appointment? 2) When did we decide there would be three appointments by the Board of Selectmen? 3) Who decided it would be a one 1-year term, one 2-year term, and one 3-year term?  4) When did we have a vote on the job description for each of the appointments?  Three of them are on the cable committee. 5) Will there still be a Cable Committee?  6) Can a member of the non-profit corporation also be a member of the corporation? 7) When did we vote on this? 8) Why are we making appointments to a corporation, which cannot assume responsibility until July?  9) We must give Charter a 6-month notice, what is the rush for making these appointments?  10) Why do we post these openings for a week and a half when in fact we wait 30 days for every other posting?  Chairman Montecalvo reminded Selectman Marzec that he wasn’t present at the last Board of Selectmen’s meeting when the Chairman asked Board members how they wanted to proceed with these appointments.  A suggestion was made and no one refused.  Selectman Marzec read aloud a brief statement to Chairman Montecalvo expressing his dissatisfaction above moving forward with these appointments.  * Selectman Nolan expressed his concerns about forming an LLC and does not like the set-up.  Selectman Nolan clarified his position from the previous meetings stating he would prefer the 30B process be implemented.  A motion/Mr. Marzec, seconded/Mr. Nolan to hold off on these appointments to the Northbridge Community Access and Media Inc. until the proper process including a 30-day posting is followed.  Vote yes/Messrs. Marzec and Nolan.  Vote no/Messrs. Ampagoomian, Melia and Montecalvo.  Motion doesn’t carry.   A motion/Mr. Melia, seconded/Mr. Marzec to hold off on the appointments until February 9th, and re-advertise as soon as possible with a closing date of Thursday, February 5th at Noon. Vote yes/Messrs. Marzec, Melia, Nolan and Montecalvo.  Vote no/Mr. Ampagoomian. 

 

2) Retirement Board [3-yr term]: a) Sharon Susienka b) Phyllis DiPalma.  Chairman Montecalvo announced that he received a letter from Ms. Susienka requesting reappointment to the Retirement Board for a third term.  Continuing, Mr. Montecalvo read aloud Ms. DiPalma’s letter requesting consideration for appointment to the Retirement Board and reviewed her qualifications.  Town Manager Kozak stated that he knows both applicants and each of them are highly qualified for the position, however, he recommended that Ms. Susienka be reappointed to the Retirement Board.  The Selectmen thanked each applicant for coming forward and noted they both come with high qualifications.  There being no further comments, a motion/Mr. Melia, seconded/Mr. Nolan to appoint Sharon Susienka to a 3-year term on the Retirement Board.  Vote yes/Unanimous.

 

Resignation: Playground & Recreation Commission-Cari-Lynn Fisher.  Chairman Montecalvo read aloud a letter of resignation from Cari-Lynn Fisher, member of the Playground and Recreation Commission.  Town Manager Kozak expressed his gratitude for all her hard work, in the short amount of time she served on the Playground and Recreation Commission and then wished her well.  A motion/Mr. Ampagoomian, seconded/Mr. Melia to accept the resignation of Cari-Lynn Fisher from the Playground and Recreation Commission.  Vote yes/ Unanimous.

 

Citizens’ Comments/Input.  None.

 

Personnel Policy/Vote to approve proposed revisions.    Chairman Montecalvo announced that the vote to approve the proposed revisions to the Personnel Policy Manual will be continued at a future meeting.

 

Linda Usher/Request to hold the 21st Annual “Whitin Five Mile Road Race” and “Two-Mile Healthwalk” on Thursday, November 26, 2009 (Thanksgiving Day).  A motion/Mr. Ampagoomian, seconded/Mr. Marzec to approve the 21st Annual “Whitin Five Mile Road Race” and “Two-Mile Healthwalk” on Thursday, November 26, 2009, subject to the safety requirements of the Police Department.  Vote yes/Unanimous.

 

Spring Annual Town Meeting [May 5, 2009]/Vote to close warrant Friday, March 20, 2009 at Noon.  

A motion/Mr. Ampagoomian, seconded/Mr. Marzec to close the Spring Annual Town Meeting warrant on Friday, March 20, 2009 at Noon.   Vote yes/Unanimous.

 

Whitinsville Christian School [Barbara Petrocelli & Phil Buurma]/Request permission to hang a banner across Church Street from April 5th through April 19th to advertise a “Community Bike Swap” on April 18, 2009.  A motion/Mr. Nolan, seconded/Mr. Ampagoomian to grant permission to the Whitinsville Christian School to hang a banner across Church Street from April 5th through April 19th to advertise a “Community Bike Swap” to be held, Saturday, April 18, 2009, in the parking lots of the Whitinsville Christian School and Whitin Community Center.  Vote yes/Unanimous.

 

Cable Non-Profit Corporation/Vote to create [Present: Attorney William Hewig, Kopelman & Paige].  Attorney Hewig mentioned that the Board of Selectmen is all set to move forward tonight with voting to create a  Cable Non-Profit Corporation.  *Selectman Nolan asked if there is a problem with nominating three cable committee members because it looks like a way to circumvent the 30B procurement process.  Selectman Nolan asked if there is a problem with the Board of Selectmen nominating four of the five members, three directly and one via Cable Advisory Board, which we also appoint.  Attorney Hewig replied that the attorney whom Selectman Nolan spoke to provided him with incorrect information.  He stated that there is no reason the Board of Selectmen couldn’t create a non-profit corporation and/or appoint any or all of the directors as they see fit.  Attorney Hewig also said that once a non-profit corporation is established it is not subject to the 30B procurement process, thus if the Selectmen create a Cable Non-Profit Corporation, they do not need to move forward with the 30B process with respect to finding a new location.  [Item L – Cable Studio Lease].  A motion/Mr. Ampagoomian, seconded/Mr. Melia to create a Cable Non-Profit Corporation as presented and written by Attorney William Hewig, Kopelman & Paige.  Vote yes/Unanimous.

 

Charter Communications/Vote to notify Charter that the town will be responsible for PEG access within 180 days (per the cable license).   Town Manager Kozak mentioned that the license requires the Board of Selectmen [Local Licensing Authority] to notify the Company of their intentions to take over the operation of the studio and personnel with a 180-day notice.  Town Manager Kozak advised the Selectmen that he needs authorization from them to send a letter to Charter notifying them of the town’s decision.  A motion/Mr. Marzec, seconded/Mr. Ampagoomian to authorize Town Manager Kozak to send a letter notifying Charter Communications that the town will be responsible for PEG access within 180 days (per the cable license) from the date of notification of this letter- on or about July 27th , unless the town can negotiate a sooner time with them.  Vote yes/Unanimous.

 

Cable Studio Lease/Vote to move forward on the 30B Process. Town Manager Kozak mentioned that because the Board voted to create a Cable Non-Profit Corporation that there is no need to move forward with this vote.  Selectman Nolan mentioned that he is against passing over the 30B process and wanted it recorded.  A motion/Mr. Ampagoomian, seconded/Mr. Melia to pass over this agenda item.  Vote yes/Messrs. Melia, Ampagoomian, and Montecalvo.  Vote no/Messrs. Nolan and Marzec.  Selectman Ampagoomian then asked Selectman Marzec if he would rescind his motion to postpone the Northbridge Community Access and Media Inc. appointments and proceed forward with tonight’s appointments.  Selectman Marzec replied that he would not rescind his motion.  That said, the cable appointments will take place at a future meeting.

 

Coyote Update.  Present: Police Chief Walter Warchol and Animal Control Officer Dan Chauvin.

Chief Warchol provided an update to the Board of Selectmen on the coyote situation.  He mentioned that they have received numerous complaints (roughly 50) in town for 2008.  It appears that Highland Street, Benson Road, Fowler Road, Olivia Drive, Hill Street and Sutton Street are where coyotes are sited most frequently.  They will travel in a radius of 20 to 30 miles searching for food and they adapt well to suburban and urban environments.  He stressed that it is not considered unnatural to see a coyote out during the day.  That said, he mentioned that just because a coyote attacks a dog or cat that doesn’t make them a threat to human safety.  Coyotes are considered a protected species, however, they can be shot during the hunting season, which runs from Oct 15th through March 8th, especially if they pose a threat to human safety.  Chief Warchol also mentioned there is a website that residents can go to regarding coyote Do’s and Don’ts and it can be found under the Department of Fisheries and Wildlife.  Further, Chief Warchol stated that because Dan Chauvin has been doing such an excellent job he felt compelled to mention that his compensation should be more in line with the surrounding towns.

 

Town Manager’s Report.  1) Mass. Municipal Association Annual Trade Show Conference Overview – provided a brief overview of the Governor’s speech and the events that took place at the conference.  He mentioned that he attended human resource & green energy workshops.  Mr. Kozak stated that after the Governor releases the budget information, he will meet with department heads to discuss ways to find savings in this year’s budget such as fixed costs, expenses, and labor.  2) Conservation Programs – Stated the town is working on an application for an energy audit for Town buildings with the Mass. Department of Energy Resources and National Grid.  3) Aldrich School Update – The Sherriff’s Department Inmates have begun painting the interior of the building.  4) Driscoll Lane Property – Attorney Henry Lane contacted the Town Planner regarding a land swap of town property for a similar size lot to benefit the Blackstone River Valley National Heritage Corridor Commission [Blackstone River Bikeway].  5) Telephone Pole Removal Project – mentioned that he has been working with the Fire Chief to initiate removal of fire alarm infrastructure from existing double poles and that the work should be completed as soon as weather permits. He pointed out that many of the poles that the power company had listed for the Fire Department were already done.  6) Snow & Ice Account Update – $250,000 spent as of this date leaving us approximately $170,000 in debt.  7)  Free Cash – was submitted to the State on Thursday, January 22, 2009.  Selectman Nolan requested that this matter appear on the next agenda.  Town Manager Kozak mentioned he would invite the Town Accountant in to discuss the certification of free cash.

 

Selectmen’s Concerns.  Selectman Nolan 1) would like to explore the possibility of revising the talent bank application process.  Selectman Ampagoomian 1) suggested that the members of the Board receive a list with all the individual’s names who will be receiving a service/employee recognition award before each meting. 2) asked the Town Manager to find out why there is a difference in the Cable Access fee from the bill and the contract before he submits the letter to Charter of the 180-day notice.  Town Manager Kozak advised that he has spoken to Tom Cohan about this and he is looking into it.  3) Asked the Town Manager if he received any more information regarding the chairlift for Aldrich School.  Town Manager Kozak replied that he added it into the stimulus package process.  4) Asked whether the Fire Chief’s new vehicle has been lettered yet? Town Manager will look into this.  5) How is the Fire Truck?  Town Manager Kozak said  we are still waiting to hear from the Insurance Company.  6) High School Audit – no new information as of this date. 7) remarked  that the Mass. Municipal Association [MMA] will hold seminars in the Town of Northbridge for residents on how to conserve energy.  Town Manager Kozak mentioned that he signed Northbridge up as did Selectmen Nolan and Marzec.  Selectman Marzec 1) mentioned the loss an outstanding citizen in Connie Dion, expressed his gratitude for her years of service and extended his sympathy to her family and friends. 2) Wish list projects-- would like a status on where the town stands on fixing the bridges?  3) MMA Conference – attending the energy act and would like to share information he received on the formation of a green community.  4) Causeway/Carpenter Road – wanted to know if this was on the list that was sent in for repairs. Town Manager replied yes.  5)  Brought up that Charlie Thompson from the Methodist Church asked if there could be access from Wickstrom’s building.  Chairman Montecalvo responded that they are still working on this.  6) Asked if there was any progress on the DPW facility or Fire Station and asked for an update at the next meeting.  7) He mentioned that he had the pleasure of serving on the Superintendent’s Search Committee and it was a positive experience.  8) He responded to a statement made by Selectman Ampagoomian at the December 22, 2008 Selectmen’s Meeting relative to Town Manager Kozak and Chairman Montecalvo visiting sites after the flooding incident. *He stated in his opinion that it is not the Town Manager’s job to do this but the elected officials.

 

A motion/Mr. Ampagoomian, seconded/Mr. Marzec to adjourn the meeting.  Vote yes/Unanimous.

 

Meeting Adjourned:  9:14 P.M.

 

                                                                                Respectfully submitted,

 

 

 

                                                                                Daniel Nolan, Clerk

 

/dg

 

At their regularly scheduled meeting of February 9, 2009, the Board voted to amend the January 26, 2009 minutes as follows:  Selectman Nolan requested the following items be revised: 1) Under Northbridge Community Access and Media Inc., “Selectman Nolan expressed his concerns about forming an LLC”, change to “Selectman Nolan clarified his position from the previous meetings stating he would prefer the 30B process be implemented”.  2) Under the title “Cable Non-Profit Corporation, second sentence should be changed to: “Selectman Nolan asked if there is a problem with the Board of Selectmen nominating four of the five members, three directly and one via Cable Advisory Board, which we also appoint”.   Selectman Marzec requested the following be added: Under Selectmen’s Concerns, Selectman Marzec, Item #8, add this statement to the end of the sentence “he stated in his opinion that it is not the Town Manager’s job to do this but the elected officials”.