PALMER TOWN COUNCIL MEETING
MONDAY, January 12, 2009 @ 7:00 PM
Town Council Meeting Room, Palmer Town Building
Minutes
1. Called to order by council President Matthew Lovell at 1900
2. Roll Call:
a) Present: Town Manager Matthew Streeter, George Backus, Paul Burns, Michael Magiera, Matthew Lovell, David Whitney, John Dinuovo, Roger Duguay, Jr., Philip Hebert.
b) Councilor Barry arrived late
3. Pledge of Allegiance
4. Consent of the Agenda Order-Requested by President Lovell to move item “f “ (deficit spending) to top of new business-unanimous consent
5. Visitors Comments (for items not on the agenda)
a) Linda: Heritage Landscape Inventory Public forum on heritage landscapes at Palmer Library next Thursday @ 6 PM
i. Hosted through DCR
ii. Only public forum for public input about what citizens consider heritage landscapes
6. Minutes of Preceding Town Council Meeting – none
7. Old Business:
a) First Reading Ordinance 2009-02 – Stormwater Regulations (Small Development)
i. Changes:
(a) Members: Storm water committee members (unknown speaker) , Mike Marciniec, Dick Kaczmarczyk.
(b) Page 2-Section 2 Exemptions letters E and F
(c) Page 5-Clarification of fees (discussion)
(d) Page 6-addition of waiver sections (discussion)
b) Mr. Burns moved to waive formal reading of entire bill except for amended parts
c) Seconded by Mr. Magiera
d) Unanimous to waive reading of ordinance except for amended parts
e) Changes to ordinance read by Mr. Whitney
8. New Business:
a) Resolution 2009-13 – Deficit Spending for snow removal-see reference sheets
i. Read and moved by Mr. Whitney
ii. Seconded by Mr. Dinuovo
iii. Report by Mr. Dick Kaczmarczyk, Director of Public Works (submitted papers referenced)
(a) Cutting back on supplies to save money was tried but didn’t work
(b) Department returned to previous plan to purchase salt, sand and liquid at added supply expense
(c) Referenced papers to show increases in costs from prior years
(d) Supply cost this year:
a. $88.90 per ton for salt
b. $11.50 per ton for sand
c. $.98 per gallon for liquid Ice Ban
iv. Question from Mr. Backus-does liquid harm vehicles? No harm to vehicles
v. Why not use just liquid?
(a) Need sand and salt for traction and to keep ice from bonding to road
(b) Liquid keeps sanders from having to make extra passes to plow and salt/sand
vi. Public Works Department has been historically under funded for snow removal
(a) Mr. Dinuovo stated fund is under budgeted on purpose
(b) Mr. Magiera stated that it was a fiscal year budgeting issue; can’t budget less than we spent last year
(c) Long duration and weekend storms are budget killers
(d) What do you recommend for budget this year? $150,000 to start
a. Salt and sand costs keep rising
b. Transportation cost for bulk product is an issue
vii. Vote on motion is unanimous-Ms. Barry absent
b) Zone Change Request: Mr. Peter Sibley
i. Successfully petitioned residents to change zone of a parcel of land at 66 Breckenridge St
ii. Has signatures from owners of abutting lots agreeing to change zoning from Rural residential to business
iii. Lots 56-25.1, 56-24.3 56-24.2, 56-22
iv. Requests referral to planning board- Mr. Whitney moved to refer matter to planning board for review
v. Second by Mr. Magiera
vi. Discussion:
(a) Mr. Burns-All the way up to lots, or only lots in question? Mr. Sibley: Lots below this parcel are already zoned business
(b) Mr. Streeter: Council has 14 days to refer to planning board; Planning board has 65 days for review; council has 65 days for hearing
vii. Vote is unanimous
c) Discussion: CSO Phase IV Project-Sewers
i. Mr. Streeter: Superintendent of water treatment, director of public works, and reps from Tighe and Bond
ii. Mr. Skowronek: Overview of project:
(a) Did work: three phases at once; estimated completion 2015
(b) Because of early completion DEP moved completion date to 2011
(c) Phase 4 is located in Thorndike, Rt. 181 corridor around Wing Hospital, and behind St. Anne’s church in Three Rivers
a. Design phase is estimated to cost $500,000
b. Proposal is a use $150,000 from special revenue fund to reduce the urgency of the design
c. Design is scheduled to be completed by 2011
(d) Funding for project is estimated to be $6,500,000
a. 2% loan over 30 years has been proposed to fund the project
b. Already approved on the state draft list pending the end of Jan.
c. Ms. Barry: Did we miss deadline for application? No
d. Mr. Streeter: DEP encouraged us to apply for funds
e. Mr. Magiera: Are we being penalized for expeditious completion of the prior phases? Mr. Skowronek: Yes
f. First three phases cost us $5,300,000
(e) Comments by Mr. Tony DaCruz and Mr. Robert Peirent from Tighe and Bond
a. Mr. DaCruz: We are under an Administrative Consent Order to close out CSOs
b. 1&1/2 years ago we met to address outstanding CSOs in 2004
c. 12 were closed out; 6 remain
d. Applied to SRF for funding; Palmer was accepted for funding (#16 out of 90 projects) a 2% loan
(f) Timetable:
a. Complete and on schedule through 2008
b. Design phase to eliminate remaining CSOs in 2009
i. To be submitted in October 2009
ii. Loan app ready for submission in Oct 2009
iii. Break ground in 2010
iv. Granted a 1 year extension to ACO design through completion
v. Separate from funding currently in place
vi. If project is delayed, town would need to reapply for funding next year
(g) Mr. Streeter: Good to stay on time and on lists for funding
(h) Mr. Backus: Assistance from state?
a. Mr. DaCruz: DEP and EPA required a long term plan for the CSOs
i. Elimination in 4 phases
ii. 5 years for each phase
b. Did not originally rank high enough to secure funding for first phase
c. Town coupled 3 phases into one project to qualify for funding loans at 0% for 20 years
d. Current funding available is at 2%
e. Not sure what funding will be available due to the new administration, and stimulus packages
(i) Mr. Duguay: Problem areas?
a. Mr. Kaczmarczyk: We have to repair sewers anyway-Wing, Calkins Rd.
b. Mr. Duguay: Push on representatives for money to come west of I-495; Reps. Smola and Neal
c. Mr. Skowronek: More work coming next year or two
d. $11,000,000 of funded work to prevent sewer overflows into groundwater
e. Palmer Water District was involved in the first three phases
f. Fines for missing project deadlines start at $100 per day-this is the reason for the one year extension
g. Mr. Kaczmarczyk: Most work is to be done on side streets
h. Mr. Dinuovo: Cost to taxpayer is $7,400,000 total
i. $6,900,000 is eligible for loans, not counting design phase
ii. first three phases were funded at 50% by sewer users, 50% by the public
iii. Ms. Barry: Didn’t other towns get better funding for dragging feet? Mr. Skowronek: No, we got a better rate by being proactive.
iv. The Governor vetoed a line item for $1,000,000 in funding
v. Ms. Barry: Contact Representative Neal about funding for the issue through the Town Manager
d) Mr. Whitney requested without objection to move item “i” Resolution 2009-16 to next item on agenda
e) Resolution 2009-16 – Authorization to borrow for CSO Phase IV engineering
i. Read and moved by Mr. Whitney
ii. Seconded By Mr. Magiera
iii. No discussion
iv. Unanimous
f) Discussion: Pennants – Legion Field
i. Questions: (Atty. Charles Ksieniewicz)
(a) Mr. Magiera: How to fund initially to raise support through selling pennants on towers at Legion Field
a. Need initially $1,000
b. How do we create revolving fund to make repairs to outdoor fields?
(b) A few years ago discussion was selling bricks-same issues apply
a. If town buys pennants, public bidding laws apply
b. If only ads, not sale of pennants, bidding laws don’t apply
c. Assuming under $5,000 appropriation
(c) Parameters on revolving funds
a. Interest goes into general fund
b. Purpose is funding recreational field maintenance and repairs
(d) Mr. Streeter has concerns about soliciting funds from advertisers
a. Undue pressure on people to advertise from councilors
b. Perceived preferential treatment of people by councilors
c. Do councilors want to be seen or put in this position?
d. Mr. Ksieniewicz:
i. Group or entity independent of council should raise funds
ii. Conflict of Interest Laws
iii. Council should be involved in initial funding and account setup; regulations
iv. Objective determinations as opposed to subjective determinations on which groups should be considered to raise funds
ii. Actually leasing space for a use-
(a) Purchasing independently as space is leased
(b) If total leasing funds raised is over $5,000 other regulations come into play
(c) Mr. Ksieniewicz will investigate those issues more
(d) Mr. Duguay: Can we designate a committee to do this independently?
(e) Ms. Barry-not original intent-was one or two council members to sell as advertising space using pennants. Mr. Ksieniewicz: Space for display is owned by town; implies lease expectation
(f) Mr. Whitney-Lease space for pennants to independent group-removes accountability for ads
g) Resolution 2009-11 – Demand fees
i. Read and moved by Mr. Whitney
ii. Seconded by Mr. Dinuovo
iii. Discussion:
(a) Mr. Burns: how did we arrive at $15? Streeter: Arbitrary
(b) Mr. Burns: Late fees are under other normal late fees
(c) Mr. Whitney: Subcommittee on fees did not meet this month due to illness-would it be appropriate to send it to this committee?
(d) Ms. Barry-Fee should be no more than $10; was initially dropped
a. To double fee in current economic times is more than fair
b. People might not pay original bill if fee is too high
(e) Mr. Duguay: What happens if people refuse to pay fee? Ms. Barry: Eventually it gets to state-licenses and permits pulled; liens are placed on property-fee is collected eventually.
(f) Mr. Whitney-all kinds of taxes? Mr. Streeter: All demands.
(g) Ms. Barry: Fees are all over board-no rhyme or reason to fees.
(h) Mr. Streeter: Time to look into several fees with eye toward revenues.
(i) Mr. Whitney moved to table until subcommittee meets.
(j) Mr. Burns seconded motion.
(k) Motion to table fails (4 for, 5 against)
(l) Ms. Barry-we will lose revenue if we don’t act.
(m) Amend motion to change resolution to $10 from $15
a. Moved by Mr. Magiera
b. second by Mr. Backus
c. Mr. Burns opposed
d. Motion to amend carries
(n) Amended motion as read
(o) Unanimous
h) Resolution 2009-12 – Amend Parking Rules & Regulations
i. Moved and read by Mr. Whitney, second by Mr. Dinuovo
ii. Mr. Streeter: Letter from police chief re review of fines to bring town into compliance with general statutes and get new ticket books printed
iii. Voted unanimous as read
i) Mr. Dinuovo: Fee committee-looking for advisories as to what fees should be, and what current fees are
j) Resolution 2009-14 – Transfer Unemployment Insurance funds to Workers Comp Insurance account
i. Read and moved by Mr. Whitney
ii. Seconded by Mr. Dinuovo
iii. Discussion: Mr. Streeter: to cover shortfall discovered during audit.
iv. Unanimous
k) Resolution 2009-15 – Transfer Insurance Reimbursement to Computer Maintenance
i. Read and moved by Mr. Whitney
ii. Seconded by Mr. Dinuovo
iii. Discussion: Mr. Streeter
(a) Town has depleted service hours for contract
(b) We are currently over budget by 34%
(c) Contract has expired
(d) Trying to move away from an hours-based contract
(e) Looking to make changes to improve efficiencies
(f) Procurement laws require authorization of funds prior to award of contract
(g) We need to allocate $4,000 to pay prior expense, $10,000 for 6 month period
(h) Request for $20,000 procurement to cover new contract
(i) Didn’t know that they went over hours of contract
(j) Contract is a little off of fiscal year schedule
(k) Could use a year to evaluate services of contractor
(l) Idea would be that they “front-load” contract hours to bring current computer system up to specs, thus requiring less service and maintenance later in the contract
(m) Ms. Barry-opposed-we have spent way too much money on this.
a. Systems should be protected
b. Throwing good money after bad
c. Not wise to appropriate money into another fiscal year
d. Not wise to have them here to do routine work that can be done by employees: i.e. changing backup tapes
e. Some money might be necessary but not $20,000
(n) Mr. Whitney: High school techs that wired library might reduce costs? (School Department paid over $200,000 for its IT costs)
(o) Mr. Streeter-equipment is outdated and no longer updated by Microsoft
(p) Mr. Burns: Suddenly committed to this company?
(q) Rather pay $4,000 now and negotiate new contract or bids for next year
(r) Ms. Barry-Company wants us to buy block of hours, or year block of time? Mr. Streeter: Additional hours for extra services
(s) Mr. Dinuovo-fair thing to do is pay them $4,000 they worked for, and ½ year contract
(t) Expect proposal from them about what is needed for IT, then go out to bid for next contract
(u) Departments are not responsive to upgrade queries from council
(v) Security issues, borrowed computers,
(w) Mr. Magiera: hourly rate and then go out to bid-not buying blocks of hours
(x) Ms. Barry-servers are new-also police servers
(y) Don’t have enough info-where are hours going; what are we getting for money?
(z) How many PC’s need to be replaced?
(aa) Would rather spend money on new PCs
(bb) Do we owe them money on their overextended hours or not? Mr. Streeter: Yes
(cc) Mr. Duguay-not proper business when a company ties our hands
(dd) Need to stop tape-changing process right away; too expensive
(ee) Mr. Burns-don’t appropriate substantial funds until we find out what we’re doing
(ff) Ms. Barry-Had contract by the hour or by month? Hours including travel time-$11,430 for 127-additional hours available in blocks
(gg) Mr. Magiera
a. Make $4,000 bill go away
b. Appropriate a few months of service to give us time to solicit bids
c. Figure out what needs to be upgraded ourselves
d. Look at other bidders and replacing PCs ourselves
e. Make tape thing go away
(hh) Ms. Barry-All equipment already upgraded? Mr. Streeter: Yes
(ii) Ms. Barry: Munis has OSDBA Contract for @ $3,000 per year; Might be cheaper to contract directly with Munis for services rather than current contract
(jj) Mr. Burns: Seems that we need to appropriate $600/mo for services
(kk) Mr. Whitney: Moved to amend original question-
a. Amount changed to $6,000 into a computer maintenance account to be determined by town manager
b. Put it as line item in budget, not as new contract
(ll) Second by Mr. Dinuovo
(mm) Discussion-
a. Ms. Barry: Not more than $6,000-Mr. Streeter can come back to the Council if more money is needed
(nn) Unanimous for amendment
(oo) Unanimous for motion
l) Resolution 2009-17 - Transfer Reserve to Town Manager Expense for asbestos removal for burned house
i. Read and moved by Mr. Whitney
ii. Second by Mr. Dinuovo
iii. Discussion:
(a) Property is in 3 Rivers on Palmer Rd.
(b) House was destroyed by fire in August
(c) Town needs to demolish property
(d) Bid on consulting services read in by Mr. Streeter
(e) Demolition estimates-$10-20,000 without asbestos removal; $35-50,000 with asbestos removal
(f) homeowner has 3 years to repay expense by statute
(g) Are taxes being paid? Ms. Barry: might not have to wait 3 years if taxes aren’t being paid
(h) Mr. Streeter: Building is unsafe and open to elements
(i) Building was previously stripped by vandals; plywood was stolen recently
(j) We will lose money on property taking care of public safety issue
m) Discussion: Town Council vacancy appointment
i. Mr. Lovell is leaving council and committees due to personal and professional commitments
ii. Council shall appoint new member from community-District 3
iii. Mr. Streeter: newspaper ad read into minutes-applicants may submit letter of intent to Town Manager by Jan 30 for consideration on Feb 9 town meeting
(a) Applicants should be certified as to residence and appointed to fill vacancy until November election, then two year term to get post back in line (with other terms)
(b) Thank you for your service to the town and the council
iv. Mr. Burns: Clarification- Letter of Intent submitted to town manager or council? Mr. Streeter: for consideration by council
v. Do we lock ourselves in to date Jan 30 for Feb 9? Maybe add a week to the 30th
vi. Remove Feb 9 meeting, replace with “at a subsequent meeting” Last sentence will read By Feb 4, to be considered at a subsequent meeting
9. Sub-Committee Reports:
a) Mr. Lovell: Appointment to noise ordinance subcommittee: Mr. Whitney, Mr. Dinuovo, and Mr. Duguay
b) Mr. Whitney: Subcommittee on fees was unable to meet: hope tonight to schedule another meeting
10. Town Manager’s Report
a) Hired Melissa Zawadzki to be new treasurer/collector; will join us around the first of Feb
b) Thank Pat Kennedy, Val Bernier, Barbara Barry for serving on interview committee
c) Clerk asked council to remind people to return census forms promptly
d) Budget-situation is dire; may be cuts to state and federal aid this fiscal year; estimates are tough to get from state
e) Asking for both zero-raise level funding budgets and 10%cut budgets from department heads to prepare for both scenarios
f) Also 3 year reviews to look at where we are and what we can cut if necessary
g) Better estimations on budgets for snow removal
h) Will be attending workshops with other mayors to get other ideas for budgets
i) Ms. Barry: When will budget be available to council? No rough estimation yet; waiting on governor’s decisions
11. Councilor’s Roundtable
a) Mr. Hebert
i. Is there more info on flooding park in Thorndike for ice rink?
(a) Mr. Streeter: Flooding park for ice rink was discontinued years ago; needs investigation of insurance and budgetary needs; was a liability issue in the past
(b) No issue on getting water for rink
(c) Mr. Burns: Issue is insurance liability
b) Mr. Duguay: Wreaths were vandalized last year; rewards are posted for catching vandals and we will be diligent to catch offenders
c) Mr. Backus: Thank you to Matt L. for service; you will always have a friend here
d) Ms. Barry:
i. Thank you for service; you will be missed
ii. Included letter from Bob Ring on Palmer Conservation Commission: completed training course
iii. Snow bank removal High and Church St; please make this practice routine as cars cannot see oncoming traffic
e) Mr. Burns:
i. Best of luck to Matt L. you will be missed on council
ii. Community development public hearing Wed. evening on the Community Development Block Grant
(a) Will be additional hearings Jan 21
(b) Public input is important
iii. Charter Commission is meeting on Jan 20, Feb 3, Feb 17 at Pathfinder library
iv. Storm water ordinance committee put in much effort; thank them for efforts
f) Mr. Dinuovo-Congratulations on your service to Matt L. good luck
g) Mr. Whitney-Godspeed
h) Mr. Magiera
i. read letter From Alice Davie re housing rehab
ii. March 18th presentation by Dr. Paist
iii. Good luck to Matt L.
12. Reorganization of Town Council
a) Procedures: election of council officers
i. Nomination: If only one nomination: clerk casts 1 vote; If more than one-ballots are required
b) Mr. Burns nominated Mr. Magiera for Council President, seconded by Ms. Barry
i. Mr. Burns moved to close nominations, seconded by Ms. Barry
ii. Clerk voted aye
c) VP-Nominations: Mr. Magiera nominated Paul Burns; Seconded by Ms. Barry
i. Mr. Lovell declared nominations closed
ii. Clerk voted aye
d) Nominations for Council clerk: Mr. Magiera nominated Mr. Whitney; Mr. Dinuovo seconded
i. Mr. Lovell declared nominations closed
ii. Vote was unanimous
13. Adjournment of Formal Session @ 2140 moved by Mr. Lovell, seconded by Mr. Whitney, unanimous
Respectfully submitted;
Ramon M. Dole
Recording Secretary
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