Town of Hadley Select Board Meeting Minutes January 6, 2016 Hadley Town Hall – Room 203 7:00 PM Pursuant to notice duly filed with the Town Clerk, a meeting of the Select Board was held at 7:00 pm in the Hadley Town Hall, Room 203. Present were: Guilford Mooring, Chair; Joyce Chunglo, Clerk; Molly Keegan; Gerald Devine; and John Waskiewicz. Also Present: David Nixon, Town Administrator; Michael Sarsynski, HGOG/Planning Board; Michael Klimoski, DPW; Gary Berg, DPW; James Channing, Pride; Bob Bolduc, Pride; Aimee Correa, Pride; Marsha DelMonte, Pride; Larry Williams, Pride; Michael Spanknebel, Fire Chief; Michael Mason, Chief of Police; Janice Stone, Conservation Commission; and Paulette Kuzdeba, Conservation Commission. Mooring announces that Hadley Public Access Television is experiencing technical difficulties. The meeting is not being aired at this time but is being recorded. Consent Agenda Minutes Warrants Annual License Renewals Temporary Foreman – DPW Appointment to Joint Transportation Committee Dispatch Resignation December 2, 2015 AP1625, AP1626, AP1627, AP1628, PR1625, PR1626, PR1627, PR1628 Flayvors of Cook Farm, Fuji Chen, Taco Bell, Wendy’s, Hadley Auto Service, Spruce Hill Motors, Mullins Center Gary Berg, Agreement with United Public Service Employees Union. Gerry Devine Jeffrey Kristek Motion to approve Consent Agenda: Chunglo Second: Keegan abstained). Vote: 4-0-1 (Waskiewicz *** There are a number of committee vacancies for interested parties. These will be posted on the Town’s website shortly. Public Comments: 7:00-7:15 - None Appointment 7:15 Hampshire Council of Governments and Colonial Power Community Choice Electricity Aggregation Proposal: Discussion of plan to provide lower electrical prices for Hadley residents. Lee Frankl from Hampshire Council of Government is present to discuss the Council’s latest effort to provide a municipal program to help Hadley residents pay lower electricity bills. The previous municipal electricity aggregation program failed because of an unfavorable decision by the Department of Public Utilities. Now, the HCOG is asking the Town of Hadley to partner with 1 Town of Hadley Select Board Meeting Minutes January 6, 2016 Hadley Town Hall – Room 203 7:00 PM Colonial Power Community Choice. Leo Sullivan from Colonial Power is present to discuss how this partnership would work. The current electricity market is volatile, making electricity aggregation very competitive. Colonial Power deals with highly stable and qualified suppliers to bid for a specific time frame with a fixed rate. Colonial Power has assisted 30+ municipalities in electrical aggregation. Town meeting vote has already approved the aggregation. The program is an “opt out” program by which all Hadley residents are automatically enrolled in the collective purchasing group, unless they specifically opt out of it and actively choose another electricity supplier. Colonial Power would handle all the communication. They would send out direct mail notification, have a designated hotline to handle questions from residents, and place notices in the newspaper and on the website. Mr. Sullivan is present tonight to provide information and answer any questions the Board may have at this time. This program is separate from the Town’s participation in Hampshire Power, by which we received a fixed rate at below market prices for the next five years, and Hampshire Solar, by which we receive net metering credits that realize a 21% discount on 70% of the Town’s electrical load. Mooring is concerned with the Town Meeting vote since it was voted to enter into this agreement with HCOG and not Colonial Power. Will look to see if the Town voted for community aggregation as a whole or just with HCOG. If HCOG, we may have to go back to Town Meeting with this proposal. Michael Sarsynski states the electricity market is very complicated and he feels Colonial Power will save Hadley resident’s money. The question to ask is why are costs in this state so high. Mr. Sullivan states the higher rates are due to our physical location and infrastructure. Mr. Sullivan states he is also happy to hold a public forum to educate residents about this opportunity. 7:35 Pride, LLC Liquor License and Land Use Hearing: Public hearings on applications for malt and wine off-premise liquor license and underground storage tanks for gas station, 25-29 Russell Street. Motion to open the land use hearing: Chunglo Second: Devine Motion to open the liquor license hearing: Keegan Second: Chunglo This is a double hearing at the request of the applicant, Pride LLC. The first public hearing concerns a land use application required for the storage of combustible fluids associated with the proposed gas station. The second hearing concerns the application for a wine and male off-premise (package store) liquor license. Pride LLC is requesting a land use license for gasoline and diesel storage for their proposed gas station located at 25-29 Russell Street. They are also requesting LP-Gas storage as part of a cylinder exchange program. Chief Spanknebel and the Conservation Commission has approved this land use application. There has been some recent concerns expressed by the Conservation Commission about a possible Wetlands Protection Act violation. Mr. Bolduc is working with Janice Stone and Paulette Kuzdeba to correct any mistakes that were made during the clear-cutting of this property. Mooring askes Mr. Bolduc if he would like to continue this hearing once everything has been addressed with Conservation. Mr. Bolduc agrees to resolve this issue before continuing on with the 2 Town of Hadley Select Board Meeting Minutes January 6, 2016 Hadley Town Hall – Room 203 7:00 PM hearing. Everyone agrees that Wednesday, February 10th at 7:15 pm would work for the continuation. Motion to continue land use hearing: Chunglo Second: Devine Vote: 5-0-0 Motion to continue the liquor license hearing: Devine Second: Chunglo Vote: 5-0-0 Old Business 1. Fire Department Management Study. Review of recommendations in preparation for FY 2017 budgets. Will discuss at a later date. Board asked Chief Spanknebel about the part-time help and he stated that January 18th is the start date for this new position. 2. Hawley Road and Laurel Drive Update. Anticipated formal vote of the Board. Mr. Nixon states that letters were sent to the 13 abutters to waive liability and 12 have been received. The one missing is from an abutter off to one side so Mr. Nixon recommends continuing the process by filing these waivers with the Registry of Deeds. The Town has until February to do this, in order to remain on the current timeline. Motion to continue: Devine Second: Keegan Vote: 4-0-1 (Waskiewicz abstained) 3. 5YR Budget Forecast. Discussion of FY 2017 budget process. Mr. Nixon informed the Board that the Finance Committee met to go over numbers and are planning on holding another meeting next week before the all committee/department meeting. Keegan says it is important for the Select Board to have an agenda for the January 13th meeting and to stick to it. There should be a time limit of five minutes given to each department/committee to express what is happening and what is important to them at this point in time. Devine states that the public is welcome to attend but the main focus here is for the Town Boards/Departments to understand the vision of Hadley. New Business 1. Dispatch and Police Standard Operating Guidelines. Presentation by Police Chief and action by the Board. Chief Mason wanted to revamp the internal policies and procedures. The officers were heavily involved in this process and ideas were pulled from other accredited agencies. Devine questioned whether the union would need to approve these guidelines and Chief Mason stated that he was able to make these changes without a need for union approval. Keegan asks if he is expecting any resistance to some of these new policies and procedures. Chief Mason said there may be some resistance because there are new rules where there were none but he does not think there will be any major issues with these. Keegan says she appreciates the time and effort that was put into creating these accredited level standard operating guidelines. 3 Town of Hadley Select Board Meeting Minutes January 6, 2016 Hadley Town Hall – Room 203 7:00 PM 2. Special Municipal Employee Designation for Consultants. Request of Conservation Commission to create a position of consultant (as needed basis) and designate that position as a special municipal employee under MGL Chapter 268A. This item is requested by the Conservation Commission. The Conservation Commission has been having trouble finding third-party consultants to conduct independent reviews of plans. At issue is the ability of such consultants to work for many parties, some of who will likely appear before the same Conservation Commission. Other towns have addressed this issue by creating an as needed position of “wetlands consultant” or similar position and designating that position as a “special municipal employee” – a category of municipal employee which is exempt from a few of the state ethics laws under MGL Chapter 268A. The Special Municipal Employee is exempt from the requirements of Section 17 (representing a private party before a board or department) and Section 20 (having an interest in a municipal contract). All other sections of MGL Chapter 268A apply. Special Municipal Employee status is for the position and not the person. The Conservation Commission will probably use 2-3 employees under this designation depending on the situation. Motion to approve SME designation for the position of on-call consultant: Keegan Second: Chunglo Vote: 5-0-0 3. Open Annual Town Meeting Warrant. Closure = 2/17/16. Mr. Nixon has prepared a preliminary warrant with 17 articles that will cover the main business of the Town. The Annual Town Meeting will be held May 5th, 2016. Motion to open warrant: Devine Second: Keegan Vote: 5-0-0 The last Town Meeting authorized the sale of the North Hadley Village Hall, which the Town is working towards putting up for sale at this time. The RFP is expected to be completed soon. Mooring would like Mr. Nixon to check with council to see if there needs to be a Town Meeting vote approving/accepting the proposal. Mr. Nixon is also aware of a fifth solar proposal that will be coming. 4. Water and Sewer rates. Review of information concerning revenues and expenses. The Town raised water rates in FY2007 in anticipation of assuming debt service for the Callahan Water Well Project. The Board intended to keep rates stable for a three year period. In FY2009, the Select Board was present with information that the water rates needed to be adjusted. This issue needs to be addressed, especially since the Water Commissioners anticipate more debt service for the Water Enterprise Fund with the replacement of water lines on Route 9. In FY2008, the Sewer Commissioners raised sewer rates 4.5%, but no further adjustments has been enacted. New sewer debt service is budgeted for FY2017, and the rated need to be adjusted to address that added expense. A decision now about rated will not be felt until February 2017, so the Board should consider the lead time necessary between taking a vote and seeing the revenues. We are currently using more of our reserves to cover operation, especially in sewer. 4 Town of Hadley Select Board Meeting Minutes January 6, 2016 Hadley Town Hall – Room 203 7:00 PM One option to increase water would be to delete the residential lifeline classification. This would increase the water income by $60,000 annually. Another way to raise rates would be to make a 2.5% increase on water and sewer. This would bring in an increase of $28,000 for water and $17,000 for sewer. The Board could also increase water and sewer rates by 3.5%, which would bring in an additional $40,000 for water and $24,000 for sewer. The Board could also increase by 4.5%, which would bring in an additional $50,000 for water and $30,500 for sewer. Devine inquires what the shortfall was last year and Mr. Nixon said it was $40,000 in water and upwards of $150,000 in sewer. Mr. Nixon feels it would be unfair to the taxpayers to make up for this shortfall in one year, that this will be a multiyear process. Our current reserves have $400,000 in sewer and $500,000 for water. Keegan asks about the storm water regulations and whether we have a plan in place for this. Klimoski states he spoke with engineers about this and says it will be very expensive. He received three proposals with three different prices. One he received today came in at $150,000 for the first year. This may have to be done over a five-year increment. This is something that has been on our radar for a few years now and Klimoski is factoring this into the budget. The Department of Public Works has been using CEI to prepare the paperwork involved with the storm water project. Chunglo feels a public hearing should be held before changing rates. Devine says it should not come as a surprise to residents since the rates have remained the same for many years. Mr. Nixon said the Board needs to make a decision by April 1st if they would like to see the increase for FY2017. 5. SolarCity Corporation PILOT agreement: Action on a payment in lieu of taxes agreement for a solar field associated with Hampshire College. SolarCity is a company developing solar fields on Hampshire College property within the Town of Hadley. The Board has obtained authority from Town Meeting to enter into a payment in lieu of taxes agreement with this developer. Counsel has developed the present, agreement, and it is recommended that the Board approve it. The value of this agreement will be added to FY2017 New Growth (+$23,380.20), plus $5,000 for our attorney’s fees. Motion to accept: Keegan Second: Chunglo Vote: 5-0-0 6. Electronic signatures for accounts payable warrants: Action on proposal to streamline Select Board signatures on weekly and bi-weekly warrants. The Town Accountant recommends that the Town develop an electronic signature system for the Select Board to sign the weekly and bi-weekly warrants. Motion to approve: Chunglo Second: Keegan Vote: 5-0-0 Other Mr. Nixon would like to invite the Select Board members to a BoardDocs Training session that will be held on January 21st at noon. Announcements 5 Town of Hadley Select Board Meeting Minutes January 6, 2016 Hadley Town Hall – Room 203 7:00 PM Special Town Election on January 19th to vote on three questions for a school bus, loader and dump truck. Executive Session: 8:47 pm: Motion to move to Executive Session to conduct contract negotiations with non-union personnel (Fire Chief) and to discuss strategy with respect to collective bargaining (DPW, Dispatch, Police)… if an open meeting may have a detrimental effect on the bargaining litigation position of the public body and the chair so declares; Chair Mooring stated, “As Chair of the Hadley Select Board I state that the Board has moved and seconded to enter into Executive Session and I state that the discussion of the matter in open session would have an adverse effect on the town of Hadley.” Roll Call Vote: Waskiewicz – Yes; Devine – Yes; Mooring – Yes; Chunglo – Yes; and Keegan - Yes Meeting Adjourned at 9:50 pm. Respectfully submitted, Bridget S. Rodrigue - Administrative Assistant 6
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