Board of Selectmen
September 8, 2009
A meeting of the Board of
Selectmen was called to order by Chairman Joseph Montecalvo at 7:00 PM,
The Pledge of Allegiance was
recited by those present.
Due to some technical difficulties with the audio
equipment, the sound was intermittent during tonight’s meeting.
Approval of Minutes.
July 27, 2009 - A motion/Mr. Marzec, seconded/Mr. Ampagoomian to approve the July 27,
2009 minutes as presented with the readings omitted. Vote yes/Unanimous.
Citizens’
Comments/Input. None.
481Yogi
Convenience Store, Inc. d/b/a Highland Farms– Application for Change in Manager
from Dashrath Patel to Debra J. Clark.
Present: Owner, Jigarkumar Patel and proposed Manager Debra J.
Clark. A
motion/Mr. Melia, seconded/Mr. Ampagoomian to approve 481 Yogi Convenience
Store, Inc. d/b/a Highland Farm’s application for a Change in Manager from
Dashrath Patel to Debra J. Clark. Vote
yes/Unanimous.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
[NPDES]: NPDES Stormwater Discharge
Permit Advisory Committee/Vote to establish an NPDES committee and composition
of the committee. A
motion/Mr. Ampagoomian, seconded/Mr. Nolan to establish an NPDES Stormwater
Discharge Permit Advisory Committee based on the DPW Director's recommendation
made at the June 22, 2009 Selectmen's meeting and to be composed of the
following individuals: Board of Selectmen's
Rep., DPW Director, Town Planner, Building Inspector, Planning Board Rep.,
Conservation Commission Rep., Board of Health Rep., Finance Committee Rep.,
Board of Assessors Rep., and a Member at Large (town resident). Vote yes/Unanimous.
Alternatives/Request
permission to hang a banner over Church Street from October 11th
through October 25th to advertise their 2nd Annual
Pumpkin Festival to be held Saturday, October 24, 2009.
A motion/Mr. Ampagoomian, seconded/Mr. Nolan to
grant permission to Alternatives to hang a banner over Church Street from
October 11th through October 25th to advertise their 2nd
Annual Pumpkin Festival to be held Saturday, October 24, 2009. Vote yes/Unanimous.
Utility
Abatement Policy/Vote to approve. At
their August 24, 2009 meeting, the Selectmen discussed Mr. Sasseville’s
recommended revisions to Chapter 198A of the Town’s bylaws. There being no further comments, a motion/Mr. Marzec,
seconded/Mr. Ampagoomian to approve the Utility Abatement Policy. Vote yes/Unanimous.
§ 198A-1. Filing of
abatement requests; valid complaints.
§ 198A-2. Required information; burden of proof.
§ 198A-3. Submittal and investigation of request.
§ 198A-4. Placement of request on Selectmen's agenda.
§ 198A-5. Resolution of request.
§ 198A-6. Payment of disputed amount.
§ 198A-7. Nonpayment of outstanding bills.
§ 198A-8. Applicability.
§ 198A-9. Assistance with filing applications.
[HISTORY: Adopted by the
Board of Selectmen of the Town of Northbridge 7-9-01. Amended 8-30-04, July 11, 2005, and September
8, 2009.]
§198A-1.
Filing of abatement requests; valid complaints.
Any
customer of the Northbridge water system or sanitary sewer system may file an
abatement request if he or she believes that the amount charged on the utility
bill is in error by reason of incorrect readings, disruption of service,
miscalculation of bill or other similar reason. Beginning with all sewer bills
issued after July 1, 2009, the Town has adopted a winter quarter billing policy
for all sewer bills. All sewer bills
after that date will be based on the customer’s winter quarter water
consumption, therefore sewer abatement requests for lawn watering, garden
irrigation, pool maintenance and similar outdoor usages will not be
accepted. Abatement requests will not be
considered when filed to dispute the utility rate being used to calculate the
utility bill.
§198A-2.
Required information; timeframe for filing; burdenof proof.
Abatement requests must be received by the Town
within 30 calendar days of the billing date of the bill being disputed on a
form approved by the Board of Selectmen.
Application forms may be obtained from the Town Manager’s Office,
Treasurer-Collector’s Office, Department of Public Works or on the Town of
Northbridge website at www.northbridgemass.org/dpwforms.htm. Applications
received more than 30 days after the billing date are untimely submissions and
will be returned without action. The
request must state the reason for the abatement request and the amount of
abatement being requested. The burden of proof for the abatement shall rest
upon the applicant. The abatement request must include adequate information
that will support the applicant's request.
Some examples include previous utility bills indicating different meter
readings, evidence of mathematical errors in computing charges, evidence of
faulty meters, etc.
§ 198A-3.
Submittal and investigation of request.
Abatement requests will be submitted to the
Town Manager's office and immediately forwarded to the Department of Public
Works (the Department) for investigation and review. The written determination
of the Department on the disposition of the abatement request will normally be
completed and returned to the applicant within calendar 30 days of receipt of
the abatement request. The Department is
authorized to approve, modify, or reject the request of the applicant or take
any other action deemed appropriate in disposition of the abatement request. The Department will notify the applicant in
writing of their determination.
§198A-4.
Placement of request on Selectmen's agenda.
In the event that the applicant disputes the
decision of the Department, the applicant may appeal the decision in writing to
the Board of Selectmen. The applicant’s
appeal must provide specific evidence in support of his/her position in
disputing the decision of the Department.
At the next regularly scheduled Selectmen's meeting after receipt of the applicant’s written appeal, the Chairman of the Board of Selectmen will place the
abatement request appeal on their agenda and will so notify the applicant. The Selectmen will review the abatement
request appeal, allowing the applicant to speak to the issue, and the
determination of the Department of Public Works. The Board of Selectmen will then render a
final decision on the applicant’s appeal.
§198A-5.
Resolution of request.
The
Board of Selectmen may resolve the abatement request appeal on the basis of the
applicant's position, the Department’s determination, some combination thereof,
or on any other basis as deemed appropriate by the Board. The Board may also
table the matter to a future meeting should it require additional time to make
a decision or require additional information, but in no event will a final decision
be delayed longer than 30 days after the matter has first been heard by the
Selectmen.
§198A-6.
Payment of disputed amount.
To prevent the issuance of late notices and
the assessment of interest charges, applicants must make timely payment of
their utility bills. It is not necessary
for the abatement applicant to pay the disputed amount pending the decision of
the Department of Public Works; any undisputed amount, however, shall be paid
when due. Before applying for an
abatement, applicants should contact the Department of Public Works at
508-234-3581 to obtain information on minimum payments that must be submitted
to prevent issuances of late notices.
Should the decision of the Department not be in favor of the applicant
or should the amount of the abatement that is approved be less than the amount
requested, the applicant will be required to pay any interest charges that may
have accrued on the disputed balance.
§198A-7.
Nonpayment of outstanding bills.
Although
it is the policy of the Board of Selectmen to use discontinuance of service as
its preferred method of requiring payment of outstanding utility bills, in
certain situations liens may be placed on the real estate where the service is
provided pursuant to MGL C. 40, §§ 42A through 42E (water) or MGL C. 83, §§ 16A
through 16E (sewer). The owner of the real estate has a right to request an
abatement of the amount of the lien as allowed in the before-mentioned statutes
and, to the extent possible, the Board of Selectmen will utilize the procedures
outlined in this policy in deciding the abatement request.
§198A-8.
Applicability.
This
policy is effective seven days after adoption by the Board of Selectmen and is
applicable to all water and sewer bills issued by the Town of Northbridge with
a billing date more than seven days after the adoption of this policy.
§198A-9.
Assistance with filing applications.
Applicants
may contact the Northbridge Department of Public Works (DPW) at 508-234-3581 to
obtain assistance in filing an application.
Contact with the DPW does not relieve applicants of their responsibility
to make timely payments of the undisputed billing amount or of the requirement
to file an application within thirty days of the billing date.
Fall
Annual Town Meeting Warrant [October 27, 2009]/Vote to place articles on
warrant. A motion/Mr. Marzec, seconded/Mr. Nolan to place an
article on the Fall Annual Town Warrant to increase demands fee’s for real
estate, personal property and excise tax from $5 to an amount not to exceed $30. Vote yes/Unanimous.
Common
Victualler’s License/Application to transfer the license from William R. Roy
d/b/a The Valley Café to Paulette B. Ruth d/b/a Valley Café. Present:
Paulette Ruth. Ms.
Ruth announced that her restaurant seats 54 people and the hours of operation
will be 7 A.M. to 2 P.M. daily and Fridays 7 A.M. to 8 P.M. A motion/Mr. Ampagoomian, seconded/Mr. Melia
to approve the application to transfer the license from William R. Roy d/b/a
The Valley Café to Paulette B. Ruth d/b/a Valley Café. Vote yes/Unanimous.
Policy
regarding the granting of permission to use the Town Commons. Chairman Montecalvo
recommended placing this item under decisions at their next BOS meeting.
Northbridge
Community Television Inc. Revised Bylaws/Present: Harry Berkowitz & Ronald
Guillaume. Mr. Berkowitz reviewed the proposedbylaw changes
with the Selectmen and then several questions were asked by the Board
members. Selectman Nolan requested that
Town Counsel be present to discuss this issue at the next Board of Selectmen’s
meeting on September 28, 2009. It was
recommended that questions be submitted to the Town Manger in advance and
forwarded to Town Counsel for review prior to the next Board of Selectmen’s
meeting.
Town Manager’s Report. 1) Linwood Post Office Update – spoke
to the Regional Administrator at the United States Post Office in Boston and
was informed that residential delivery in Linwood would begin in October. Letters will be sent to residents in Linwood
shortly. 2) Police Department Grant
Award – Chief Warchol notified us that he has received an E-911 Grant in
the amount of $26,200 that can be utilized for Police Department
personnel. 3) Maple Street Complaint
Update –At a previous Board of Selectmen’s meeting, a resident [Mr.
Williams] came in to discuss taking down a tree located on Maple Street because
of water issues. The Department of
Public Works conducted irrigation work to alleviate the water damage. At this time, the DPW Director does not
recommend cutting down the tree on the edge of the road. 4) Bids for Police Station HVAC Project – The Building, Planning and Construction
Committee conducted the bid opening for the HVAC project at the Police Station.
5)
DHCD/Letter to proceed on Village
Project –The Town has received the go ahead to commence the infrastructure
work in the Village through a Community Development Block Grant. 6)
Green Committee Planning Assistance
Award – The Town has been awarded a grant for the newly formed Green
Committee to assist in Energy Conservation for the community. 7)
Armenian Library & Museum of America
Exhibit – Reminding the public that the Armenian Library and Museum of
America exhibit is being displayed in the Town Hall until September 22,
2009. 8) Board of Health Volunteer
Orientation Meeting – announced there will be a meeting on September 15,
2009, at 7 P.M., in the Selectmen’s Chambers of the Town Hall for assistance in
case of a public health emergency.
Selectmen’s Concerns. Selectman Ampagoomian 1) Asked the DPW Director to take a look at a large tree on
Pollard Road. Selectman Ampagoomian
thinks it should be taken down. 2)
He reminded the public about the Armenian Library & Museum of America
Exhibit and mentioned that on September 14, 2009, there will be a public
reception from 5 PM to 7 PM in the Great Hall. 3) Asked if grass was planted on the Church Street Landfill
Project. Town Manager Kozak replied
“no”. 4) He announced that he
received a few phone calls from residents in town saying they were pleased to
see a sign at the Rockdale Common saying “no dogs allowed”. 5)
Asked the DPW Director if Chapter 90 Funds could be used on Sutton Street to
patch part of the road that’s collapsing.
6) Sherriff Guy Glodis is
having a breakfast at the VFW in Millbury on September 27, 2009. Tickets are available now and can be
purchased from Selectman Melia and Selectman Ampagoomian. Selectman Nolan 1) Asked if he could get a copy of the EarthTech
report [sitework for new DPW facility]. Selectman Melia 1) Commended the
Northbridge Police Officers that were involved in solving several breaking and
entering cases. 2) Commended Ralph
Andonian for documenting all the soldier memorials in town. 3) Commented on an affadavit filed by
Kopelman & Paige regarding the defense against the proposed Whitinsville
Water Company’s water rate increase. 4)
He mentioned that he spent about an hour viewing the Armenian Library and
Museum Exhibit and found it to be very interesting. 5)
Thanked Town Manager Kozak for having someone come in and fix several broken Town
Hall windows. Selectman Marzec 1) He
advised residents in town that school is back in session and with the fall
season fast-approaching to drive carefully. 2) He mentioned that the new Riverdale Cemetery sign looked nice.
Executive Session. A motion was made and seconded to
go into Executive Session under M.G.L. Chapter 39, S. 23B#3 Negotiations and
M.G.L. Chapter 39, S. 23B#3 Litigation --not to reconvene in open session. Roll Call Vote: Mr. Marzec/ Yes; Mr. Melia/Yes; Mr.
Nolan/Yes; Mr. Ampagoomian/Yes; and Mr. Montecalvo/Yes.
Meeting Adjourned: 8:34 P.M.
Respectfully
submitted,
Charles
Ampagoomian, Jr., Clerk
/dg