Board of Selectmen

 May 18, 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.

 

Approval of Minutes.

March 23, 2009 [Executive Session] - A motion/Mr. Ampagoomian, seconded/Mr. Marzec to approve but not release the March 23, 2009 Executive Session minutes as presented with the readings omitted.  Vote yes/Unanimous.

 

April 13, 2009 - A motion/Mr. Ampagoomian, seconded/Mr. Melia to approve the April 13, 2009 minutes as presented with the readings omitted.  Vote yes/Unanimous.

 

April 13, 2009 [Executive Session] - A motion/Mr. Marzec, seconded/Mr. Nolan to approve but not release the April 13, 2009 Executive Session minutes as presented with the readings omitted.  Vote yes/Unanimous.

 

May 5, 2009 - A motion was made and seconded to approve the May 5, 2009 minutes as presented with the readings omitted.  Vote yes/Unanimous.

 

Citizens’ Comments/Input.  None

 

Jocelyn Cowan, Driscoll’s Lane/Vote to sign Release Deed.  A motion/Mr. Ampagoomian, seconded/Mr. Marzec to execute a release deed to Jocelyn Cowan for property located off Driscoll Lane and shown on Northbridge Assessors’ Map 24 as Parcel 130, pursuant to the vote of the Town under Article 3 of the warrant for the Fall Annual Town Meeting of October 28, 2008, said deed to be delivered to the grantee upon receipt from the grantee of the purchase price of $2,600, payment for the Town’s legal fees in connection with the transaction, advance taxes as required by Section 63A of Chapter 44 of the General Laws, the executed disclosure of beneficial interest form required by Section 7 of Chapter 40J of the General Laws, and the executed Arson/Tax Delinquency Statement required by Section 77B of Chapter 60 of the General Laws.  Vote yes/ Unanimous.

 

South Middlesex Opportunity Council [SMOC] Subordination Agreements/Vote to sign. Present:  David Bobillier, Senior Housing Coordinator for SMOC.  Town Manager Kozak mentioned the Board already voted on this back in February however, the bank SMOC wanted to use for this transaction did not want to participate.  That said, SMOC found another bank that would finance the properties located in Northbridge.  A motion/Mr. Ampagoomian, seconded/Mr. Marzec to sign the subordination agreements subject to review and confirmation of acceptable documentation by Town Counsel.  Vote yes/Unanimous.

 

Annual License Renewals [Pool Tables, Bowling & Billiards].   A motion/Mr. Ampagoomian, seconded/Mr. Marzec to approve the annual renewal of Sparetime Recreation Bowling License subject to the payment of all outstanding liens.  Vote yes/Unanimous.  A motion/Mr. Ampagoomian, seconded/Mr. Marzec to approve the annual renewal of Sparetime Recreation Billiards License subject to the payment of all outstanding liens.  Vote yes/Unanimous.  A motion/Mr. Ampagoomian, seconded/Mr. Marzec to approve the annual renewal of Pichel Holdings Inc. d/b/a Hawk’s Nest Tavern’s Pool Table License subject to the payment of all outstanding liens.  Vote yes/Unanimous.  A motion/Mr. Marzec, seconded/Mr. Ampagoomian to approve the annual renewal of MLJJ, Inc. d/b/a The Gray Barn’s Pool Table License subject to the payment of all outstanding liens.  Vote yes/Unanimous.

 

Whitin Community Center [Gary Wood]/Request a one-day Beer & Wine License for an Outdoor Music Concert on Saturday, September 12, 2009 from 4:30 PM to 7:00 PM (Rain Date:  September 13, 2009 from 2 PM to 5:30 PM).   A motion/Mr. Melia, seconded/Mr. Ampagoomian to approve the Whitin Community Center’s one-day Beer & Wine License for an Outdoor Music Concert on Saturday, September 12, 2009 from 4:30 PM to 7:00 PM (Rain Date:  September 13, 2009 from 2 PM to 5:30 PM).  Vote yes/Unanimous.

 

St. Patrick’s Church/Request permission to hang a banner over Church Street from September 2, 2009 to September 16, 2009 to advertise their Annual Fall Festival on September 19, 2009.  A motion/Mr. Ampagoomian, seconded/Mr. Nolan to grant permission to St. Patrick’s Church to hang a banner over Church Street from September 2nd to September 16th to advertise their Annual Fall Festival to be held on Saturday, September 19, 2009.  Vote yes/Messrs. Nolan, Melia, Ampagoomian and Montecalvo.  Abstain/Mr. Marzec.

 

Armenian Apostolic Church/Request permission to hang a banner over Church Street from August 3, 2009 to August 17, 2009 to advertise their Annual Picnic to be held on August 16, 2009.  A motion/Mr. Ampagoomian, seconded/Mr. Marzec to grant permission to the Armenian Apostolic Church to hang a banner over Church Street from August 3rd to August 17th to advertise their Annual Picnic to be held on Sunday, August 16, 2009.  Vote yes/Unanimous.

 

John Morin [Wedding Ceremony]/Request permission to use the Whitinsville Town Common on Saturday, June 6, 2009 from 11:00 AM to Noon.  Mr. Morin informed the Board of Selectmen that he wishes to use the Rockdale Town common, not Whitinsville.  A motion/Mr. Ampagoomian, seconded/Mr. Marzec to allow John Morin to use the Rockdale Town Common on Saturday, June 6, 2009 from 11:00 AM to Noon.  Vote yes/Unanimous.

 

Town Manager Evaluation.  Chairman Montecalvo mentioned that the Board of Selectmen each filled out a performance evaluation form on the Town Manager in which there were 8 criteria they had to rate the Town Manager on.  They used the following scale: 1) Unsatisfactory – Is not meeting the minimum standards of the position of Town Manager; 2) Needs Improvement – Is meeting the requirements of the Manager’s role, but improvement is needed to move an issue forward; 3) Satisfactory – Is meeting the requirements of the Manager’s role; 4) Above Satisfactory – Understands the issues and is addressing the same; 5) Outstanding – Clearly exceeds what is required and expected by the Board.  After a brief discussion regarding the evaluation structure of the Town Manager, Chairman Montecalvo announced the Selectmen gave the Town Manager an overall rating of 3.5.  Chairman Montecalvo then stated that they need to discuss his new goals and objectives for FY 2010 at a future Board of Selectmen’s Meeting.  A motion/Mr. Nolan, seconded/Mr. Marzec to accept the Town Manager’s Evaluation.  Vote yes/Unanimous.

 

Executive Session Minutes/Vote to release.  Selectman Melia feels that there is no need to involve Town Counsel again and to just release the minutes as requested by the citizen.  He feels that the Town has spent enough money on this issue.  Chairman Montecalvo suggested that Town Counsel review the minutes to determine which Executive Session Minutes can and cannot be released to protect the town.  A motion/Mr. Nolan, seconded/Mr. Marzec to release the Executive Session minutes pertaining to the High School construction project upon the review of Town Counsel and Town Manager Kozak.  Vote yes/Messrs. Nolan, Ampagoomian, Montecalvo, and Marzec. Vote no/Mr. Melia. 

 

Status of Trading Post Liquor License.  Town Manager Kozak mentioned that a letter has been sent to the owner of the property advising him to contact us so that a discussion can take place on the status of the Trading Post Liquor License at a future Board of Selectmen’s Meeting.   Town Manager Kozak also mentioned that he has been in contact with the Trading Post’s Attorney and Realtor regarding the sale of the property.  Selectman Melia recommended that the town move forward on taking the liquor license back.  Chairman Montecalvo suggested that the Town Manager move forward with initiating a “show cause hearing” for the Trading Post. The Board of Selectmen will discuss this further at their next meeting.

 

Sewer Billing/Present:  Richard Sasseville, DPW Director.  Mr. Sasseville reported that during the past several months there have been a number of discussions regarding the fairness of the Town’s sewer billing practices particularly regarding the impact of outdoor water usage, which does not contribute to flow within the sanitary sewer system.  Some of these discussions involved re-establishing the former abatement policy for outdoor water usage and/or the ability to install second water meters to measure outside water usage.  These various discussions have all concluded with a desire for people to “only pay for the services they actually received”.  While abatements and/or second meters may achieve some level of fairness, they would do it at a cost to both the Town and to the customer.  In an effort to explore other means of achieving greater fairness in the method of sewer billing, he offered several other billing methods that would provide equity among the ratepayers.  It is important to note while reviewing these various rate structures that reducing the rate for higher volume users shifts the cost to the lower volume users in order to generate the required revenue to fund the operation of the sewer system.  Flat Rate Billing:  Under this rate structure, all customers would pay a flat rate for each quarter.  The rate would be determined by dividing the amount of revenue to be raised from user charges by the number of sewer accounts and dividing the quotient by four.  The result would be a flat quarterly rate charged to each customer.

            Example:         Number of customers                                                                       3,145

                                    Required revenue from use charges                                         $1,900,000

                                    Annual charge = $1,900,000/3,145 =                              $604.16 per year

                                    Quarterly charge =                                                             $151.04 per qtr

By comparison, a customer using an average of 3,000 cf per quarter under this rate structure would pay $604.16 per year compared to $580.32 per year under current rates.  The break-even point for this rate structure is 3,200 cubic feet per quarter.  All customers using an average of 3,200 cf per quarter or more would see their annual cost go down and all customers who average less than 3,200 cf per quarter would see their annual cost go up.  This represents a significant shift in the cost to lower volume users.  This rate structure could be modified to lessen the impact on low volume users by retaining the current rate steps for volumes of 800 cf per quarter or less and 2,000 cf per quarter or less.  Without showing the math, the quarterly rates under those conditions would be as follows:

                                    800 cf or less                                                                       $60.50 per qtr

                                    2,000 cf or less                                                                    $89.18 per qtr

                                    Over 2,000 cf                                                                    $180.62 per qtr

By retaining only the step for 800 cf or less the rates would be as follows:

                                    800 cf or less                                                                       $60.50 per qtr

                                    Over 800 cf                                                                       $168.31 per qtr

Fixed+Variable Cost Billing:  The operating costs of the Sewer System are a combination of fixed costs and variable costs.  This rate structure establishes a fixed charge to customers to cover the fixed cost of the sewer system and a variable rate based on usage to cover the variable costs to the sewer system.  Fixed costs are those that are not related to the flow through the plant. Examples of fixed costs include debt service, wages, salaries and employee benefits, transfers to the General Fund, heating fuels, vehicle fuels, vehicle maintenance, professional services and portions of costs associated with electricity and plant and collection system maintenance and repair.  Variable costs include electricity for pumps, blowers and disinfection equipment, chemicals, sludge disposal and portions of plant and collection system maintenance and repair costs.  Based on a review of historical expenditures for the sewer system I estimate that approximately 80% of the system’s expenses are fixed costs and 20% are variable costs.  Using these percentages and historical billing information from calendar year 2008, I can calculate the fixed and variable rates used for this rate structure.

            Example:         Number of customers                                                                       3,145

                                    Required revenue from use charges                                         $1,900,000

                                    Revenue from fixed charges (80%)                                         $1,520,000

                                    Annual charge = $1,520,000/3,145 =                              $483.30 per year

                                    Quarterly fixed charge =                                                    $120.83 per qtr

                                    Revenue from variable charges (20%)                                        $380,000

                                    Annual usage over 2,000 cf (from 2008)                               177,473 hcf

                                    Variable rate = $380,000/177,473 hcf=                                $2.15 per hcf

Using the above example, customers using 2,000 cf or less per quarter would pay a fixed charge of $120.83 per quarter or $483.32 per year.  This compares to the current charges of $242.00 per year for users of 800 cf or less per quarter and $356.76 for users of 2,000 cf or less per quarter.  Under this rate structure, all customers using less than 2,000 cf per quarter would pay significantly more each quarter than under current rates.  Those using more than 2,000 cf per quarter would pay $120.83 plus $2.15 per hcf for all usage over 2,000 cf.  A customer using an average of 3,000 cf per quarter under this rate structure would pay $569.32 per year compared to $580.32 per year under current rates.  As in the earlier example, under this rate structure, the cost is shifted to the low volume users.  Again, we could retain the current rates for low volume users with the following effect on the rates:

                                    800 cf or less                                                                       $60.50 per qtr

                                    2,000 cf or less                                                                    $89.18 per qtr

                                    Over 2,000 cf (per qtr)                                         $207.73 +$1.46 per hcf

Once again, by retaining only the step for 800 cf or less the rates would be as follows:

                                    800 cf or less                                                                       $60.50 per qtr

                                    Over 800 cf                                                         $132.40 + $1.37 per hcf

Winter Quarter Billing:  Under this rate structure, customers’ user charges are calculated using only their winter quarter consumption.  Customers would be billed the same amount four times a year.  The winter quarter billings are for those billing periods that end in January, February and March.  In the example below, I am using the fixed charges in the current rates, which are $60.50 per qtr for 800 cf or less and $89.18 per qtr for 2,000 cf or less.  Using CY 2008 billing histories I can then calculate the variable charge of the proposed rate.

            Example:         Number of customers                                                                       3,145

                                    Required revenue from use charges                                         $1,900,000

                                    Number of customers using 800 cf or less                                           544

                                    Number of customers using 2,000 cf or less                                     1,338

                                    Number of customers using more than 2,000 cf                               1,248

                                    Revenue 800 cf or less – 544 x $60.50 x 4 =                             $131,648

                                    Revenue 2,000 cf or less – 1338 x $89.18 x4 =                         $477,291

                                    Fixed charge revenue over 2,000 cf – 1,248 x $89.18 x4 =       $445,186

                                    Total fixed charge revenue                                                      $1,054,125

                                    Required revenue from variable charges                                    $875,875

                                    Total volume over 2,000cf (2008 winter quarter) =                  35,082 hcf

                                    Total volume over 2,000cf (4 quarters per year) =                 140,328 hcf

                                    Variable rate = $875,875/140,328 hcf=                                $6.25 per hcf

A customer using an average of 3,000 cf per quarter under this rate structure would pay $606.72 per year compared to $580.32 per year under current rates.  Customers using less than 2,000 cf per quarter would see no change in their annual cost.  All customers averaging over 2,100 cf per quarter would see their costs increase moderately.  To facilitate comparisons between the above rate structures I have attached a spreadsheet, which shows the quarterly charges for different volumes of usage.  The charts clearly show how the costs are shifted by the various changes in rate structure.  Since 95% of all billings are less than 7,000 cf per quarter, I have only included information up to that volume of usage.  There are other alternatives to these rate structures as well as a variety of adjustments and modifications that can be made to these rates.  At this point, the Board must decide if they wish to change the rate structure or change current policy.  The bottom line is that the total revenue generated by user charges must be maintained in order to insure the financial integrity of the Sewer Enterprise Fund.  After a brief question and answer period, a motion/Mr. Ampagoomian, seconded/Mr. Nolan to take the proposal for the Sewer Billing rate and move this item out of discussions and place under decisions.  Vote yes/Unanimous.  A motion/Mr. Ampagoomian, seconded/Mr. Marzec to accept the Winter Quarter Billing Rate Proposal as presented by the DPW Director, Richard Sasseville.  Vote yes/Unanimous. Mr. Sasseville mentioned that he would put together the rate sheet and the Board of Selectmen could adopt that specific rate structure at their next meeting.

 

Town Manager’s Report.  1) Community Service Program – thanked the Sheriff’s office for the work that was performed by their Community Service Program in cleaning and raking the public cemeteries in preparation for the upcoming Memorial Day holiday.  2) Bike Auction – mentioned that on Saturday, May 30, 2009 @ 9:00 AM, the Northbridge Police Department will be hosting a Bicycle Auction.  There are approximately 30 bicycles in various conditions.  3) Flood Insurance Rate Map – notified the Board that the Town Planner and Building Inspector have attended a workshop on the new flood insurance rate map, which will be made available for a comment period.  A representative from the Department of Conservation and Recreation will be attending a Board of Selectmen’s meeting to review the changes to the flood map. 4) Stormwater Discharge Permit – DPW Director Richard Sasseville has been attending meetings regarding the Environmental Protection Act’s Stormwater discharge permit program.  Mr. Sasseville is requesting the Board of Selectmen to appoint a committee to work on the new requirements for this permit.  He recommends a representative from each of the following: BOS, DPW Director, Town Planner, Building Inspector, Planning Board, Conservation Commission, Board of Health and Finance Committee.  5) Update on the State Senate’s proposed local aid package – if passed, the cut would be detrimental and would be $484 million below the 2009 level; cuts would include a reduction in Chapter 70 money by $79 million, eliminating the Quinn bill and community policing reducing special education, regional school transportation funds, and library grant money.  Town Manager Kozak informed the Selectmen that he is planning to send a letter addressing his concerns on the proposed cuts.  6) Charter Communication’s consent to Charter Reorganization – discuss whether or not the BOS would like to go forward with the consent process of Charter’s restructuring on their bankruptcy protection.  7) Trustees of Soldiers’ Memorials – provided notification of committee vacancy. 8) Memorial Day Parades – The Northbridge Veterans’ Council will begin at 10 AM and the Oliver Ashton Post #343 will begin at 11:30 AM

 

Selectmen’s Concerns.  Selectman Ampagoomian 1) Reminded the residents in town that tomorrow May 19, 2009 is Election Day.  2) Asked if the Police, Fire, DPW and Board of Health have filed their Emergency Management Plans with the Civil Defense.  3) Provided the FEMA Website (Grant for Fire Station) for Town Manager to review.  4) Asked if the Town received any notification from the school on how they are planning to handle the situation [bus incident] that took place on Friday, May 15, 2009, and then on Monday, May 18, 2009 and why did it take so long for the school to notify the Town Manager and Board of Selectmen of what transpired.  5) He would like to be notified when the Worcester County Sheriff’s Community Service Program is in town.   Selectman Nolan 1) Asked Town Manager Kozak for a status on the damage that was done to the High School fields. Town Manager Kozak responded that he provided the information to the Town’s Insurance Company, however, the contractor that was finishing work at the High School ended up taking care of the fields. 2) Asked Town Manager Kozak if there would be any stimulus money for municipal side projects and Town Manager Kozak replied “no”.  Selectman Melia 1) Asked if there is a timeline on the security for Town Hall.  Town Manager Kozak mentioned that he received four quotes and that he would be meeting with the DPW Director Richard Sasseville to review and then award the contract to a Company.  2) Asked Town Manager Kozak if he has given any more thought to his custodial idea?  Town Manager Kozak stated that he plans to discuss the custodial issue with the School Department and his Department Heads in the near future.  3) Ross Rajotte Bridge Update – when is the start date and how long will it take to complete?  Town Manager Kozak said that the start date is FY2010 and will take about a year to complete.  DPW Director Richard Sasseville will look into this project and provide an update at a future meeting.  Selectman Marzec 1) mentioned that a citizen approached him regarding a light in front of Dunkin Donuts along with the noise level with trucks coming and going early in the morning with supplies.  2) Reported that a storm drain at 244 Carpenter Road keeps flooding and the resident is concerned.  DPW Director Richard Sasseville will look into it.  3) Some citizens in Linwood [Union Street] are willing to give permission to the DPW to access their property to help solve their drainage issues.

 

Correspondence.  Stimulus Package - Chairman Montecalvo mentioned that all adults who receive Social Security and Supplemental Security Income benefits, including disabled adult children are eligible for $250.00.  If you don’t receive this amount by June 4th, please go to www.socialsecurity.gov.

 

Executive Session.  A motion/Mr. Nolan, seconded/Mr. Marzec to go into Executive Session under M.G.L. Chapter 39, S. 23B#3 Contract Negotiations (Teachers Union) and M.G.L. Chapter 39, S. 23B#3 Litigation (Pegasus Holdings) -- to reconvene in open session.  Roll Call Vote:  Mr. Marzec/ Yes; Mr. Melia/Yes; Mr. Nolan/Yes; Mr. Ampagoomian/Yes; and Mr. Montecalvo/Yes. 

 

Open Session Adjourned: 8:22 P.M.

 

Executive Session Convened: 8:25 P.M.

 

Executive Session Adjourned: 8:56 P.M.

 

Return to Open Session: 8:57 P.M.

 

The Board returned to open session to make the following votes:

 

A motion/Mr. Ampagoomian, seconded/Mr. Marzec to direct Town Counsel to obtain a judge’s order to remove individuals living at the property known as “The Old Northbridge Nursing Home”.  Vote yes/Unanimous.

 

A motion/Mr. Marzec, seconded/Mr. Nolan to include in the compensation to Mr. Theodore Kozak, Town Manager, a 3% raise in salary, to match the amount given to all other town non-union employees.  Vote yes/Unanimous.

 

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

 

 

Open Session Adjourned: 9:02 P.M.

 

 

                                                            Respectfully submitted,

 

                                                            Daniel Nolan, Clerk

/dg