TOWN OF MILLBURY
Board of Selectmen Minutes
Town Hall - Selectmen's Meeting Room
Tuesday, January 22, 2008 7:05 p.m.
Present: Board of Selectmen: E. Bernard Plante, Chairman; Joseph J. Coggans, Jr., Michael O. Moore, Kenneth I. Schold, Francis B. King
Bob Spain Town Manager; Steve Trychon, Verizon New England; Attorney Joseph H. Devlin; Attorney Paul J. Demoga; Steven Nevalsky; Attorney William Frink; Ashley Plasse; Anna Lewandowski, Chairman Planning Board; Peter Caruso; Al Nelson; Donna Boynton, Worcester Telegram; Tom Reilly Millbury-Sutton Chronicle; and Concerned Citizens
Chairman Plante opened the meeting with the Pledge of Allegiance.
PUBLIC HEARINGS
Joint Pole Petition - Verizon New England and Mass Electric - Providence Street
Selectman Schold read into the minutes the Joint Petition from Verizon New England, Inc. and Massachusetts Electric Company.
Note: A copy of the petition is hereby incorporated as reference.
Chairman Plante asked if this was the same pole they were in for before, Mr. Trychon said no, it is the other side of the bridge for the same job. They thought they could get machinery in without moving the pole, but the pole does need to be moved about 15 feet. Chairman Plante asked if any abutters wanted to speak; nobody spoke.
Note: A copy of an email from Goretti Supermarket is attached as reference.
Motion made by Selectman Moore, seconded by Selectman Schold to approve the pole as petitioned by Verizon New England and Mass Electric. Motion carried unanimously.
Applebee's Restaurants - Transfer of License & Stock
Attorney Joseph H. Devlin, representing Applebee's Restaurants petitioned the Selectmen to approve a transfer of liquor license and stock for Applebee's Neighborhood Grill & Bar located at The Shoppes at Blackstone Valley Mall, which is part of a 31 location transfer in Massachusetts due to a merger of one of Applebee's parent companies.
Motion made by Selectman Coggans, seconded by Selectman Schold to approve the transfer of the liquor license issued to Applebee's Restaurant and transfer of stock. Motion carried unanimously.
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Transfer of Liquor License - Curran's Anchor Lounge to Steven Nevalsky
Selectman Coggans read a disclosure letter dated 3/8/05 submitted to the Town Clerk disclosing that his wife Diana is employed by Curran's Anchor Lounge and he is an independent contractor for Curran's Anchor Lounge. Selectman Coggans recused himself from the discussions of this hearing and left the room.
Attorney Paul Demoga introduced Mr. Nevalsky, explained Mr. Nevalsky's intentions for the Anchor Lounge, and asked if the Board had any questions. Selectman Moore asked Mr. Nevalsky what he was going to be doing for renovations. Mr. Nevalsky said it will be cleaning up - siding, windows, carpeting, bathrooms, new bar, dropped ceiling and general cosmetic repairs, and an expansion of the food offered.
Motion made by Selectman Schold, seconded by Selectman Moore to approve the transfer of the liquor license. Motion carried unanimously 4-0-0. Selectman Coggans returned to the conference room.
The Hide-A-Way - Change of Managers
Attorney William Frink, representing Troio's Inc. DBA as The Hide-A-Way, stated they have filed a petition for a change of manager from Roxanne Corey-Troy to her daughter Ashley Plasse. Chairman Plante swore in anyone who would be testifying. Attorney Brian Riley of Kopelman & Paige asked questions of Ms. Plasse.
Selectman Coggans made a motion to leave things status quo until such time that all legal issues are resolved as there is pending litigation against the Board and a pending hearing in Boston and an issue involving the Commonwealth of MA and the MA State Lottery and the corporation and there is another matter. Selectman Coggans continued to say that until all legal issues are resolved he thinks anything the Board does tonight might circumvent other agencies. Motion seconded by Selectman Moore. Attorney Riley recommended that instead of leaving it status quo the motion should be to approve or deny the transfer of manager. Selectman Coggans added to deny to his motion, seconded by Selectman Moore. Motion carried unanimously.
Note: Questions and replies are on tape and filed at the Selectmen's Office.
GUEST PRESENTATIONS
Drainlayer's License - Jeff Bernard
Mr. Bernard did not attend the meeting or call to reschedule.
At this point Selectman Coggans made reference to information that he placed in each Selectman's mailbox regarding an addendum to what is already MGL regarding water and
sewer lines being laid and inspected in town. This addendum would require an inspection
being done from the cellar hole to the street. Mr. Spain said before we proceed the Sewer
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Department has a procedure to follow to make it legal. Selectman King stated that the addendum should also state if you are within 24 inches of the water line to use flowable fill.
Planning Board - Appoint one (1) Associate Member
Planning Board Chairman Anna Lewandowski introduced Peter Caruso who gave a short autobiography. Chairman Lewandowski noted that the Planning Board voted unanimously at their regular meeting on Monday January 14, 2008 to appoint Mr. Caruso as an Associate Planning Board Member.
Motion made by Selectman Schold, seconded by Selectman Coggans to appoint Peter A. Caruso, Jr. as a Planning Board Associate Member to serve a two (2) year term expiring January 23, 2010. Motion carried unanimously.
Senior Citizen Circuit Breaker Program
Anna Lewandowski stated that free tax help is available at the Senior Center. Also, for the Senior Citizen Circuit Breaker Program the maximum credit for 2007 is $900 but applicants can go back three years for a higher credit. Seniors can call or visit the Senior Center to schedule an appointment.
Al Nelson - McCracken Road
Chairman Plante recused himself and left the room. Mr. Nelson, a resident of McCracken Road came before the Board to ask what was the evaluation and what has the Board decided in regards to McCracken Road being closed for 60 days from November 15, 2007 until January 15, 2008. Acting Chairman Coggans said that Mr. Spain would have an update at the next meeting.
Regarding Greenwood Street, Mr. Nelson said that there are 2 speed limits at the playground; from Route 20 it is 25 MPH and coming from the McCracken Road intersection the speed limit is 35 MPH. The Board said they would get if corrected. Chairman Plante returned.
PREVIOUS MINUTES
Minutes of the Executive Session - Tuesday November 20, 2007
Motion made by Selectman Schold, seconded by Selectman Moore to release the minutes of the November 20, 2007 Executive Session (previously approved at the January 8, 2008 Selectmen's Meeting) as written. Motion carried unanimously.
TOWN MANAGER REPORT
Item #1 -Snow and Ice Removal Account
Snow and Ice Account is in a deficit. Town Manager is putting reports in each Selectman's mailbox with how much each storm costs.
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Item #2 -McCracken Road
McCracken Road has reopened on time as a two-way street as of January 15, 2008.
Item #3 - Office of Inspector General Correspondence
Joyce Ostrowski has been designated by the OIG as an Associate MCPPO for Supplies & Services Contracting. MCPPO - Massachusetts Certified Public Purchasing Official.
Item #4 - Department Heads' Monthly Reports - Submitted.
Item #5 - Library - Selectman Coggans asked if the library was closed on Saturday; Mr. Spain will check on it with Selectman Moore adding that they may have notified us about it.
Item #6 - Transfer Station/Recycling - Selectman Coggans got calls this week about the transfer station recycling area. The DPW is trying to get high school students assist as public service time.
Discussion ensued about the Blackstone Valley Regional Recycling Center proposal presented at the January 8, 2008 meeting, and the request by the Board for two RFPs (Request For Proposals) - one for transportation to the Blackstone Valley Center and one for full curb service recycling.
Motion made by Selectman Moore, seconded by Selectman Coggans to accept the Blackstone Valley Regional Recycling Center proposal. Motion carried unanimously.
Selectman King suggested putting in the newspaper the high points of the Wheelabrator contract, with Chairman Plante stating there is a lot of confusion over what is part of the contract and what is not, and Selectman Moore citing as an example that recycling is not part of the new contract and it never was (a part of the contract).
NEW BUSINESS
Appointment of Procurement Officer
Motion made by Selectman Moore, seconded by Selectman King to appoint Bob Spain as the Procurement Office for the town. Motion carried unanimously.
Boat Excise Tax Disbursement (Waterways Improvement Fund)
Motion made by Selectman Schold, Seconded by Selectman Moore to disburse the $2661.36 in Boat Excise Tax collected in 2007 as follows: Lake Singletary - $887.21; Dorothy Pond - $887.12; and Ramshorn Pond - $887.12. Motion carried 5-0-0 for Lake Singletary; 5-0-0 for Ramshorn Pond; and 4-001 for Dorothy Pond with Selectman Coggans recusing himself as he is a member of the Dorothy Pond Committee.
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Approve One-day Liquor License for Pepper's Catering
Motion made by Selectman Schold, seconded by Selectman King to approve a one-day liquor license for Pepper's Catering, Northborough, MA for an event at the Asa Water Mansion on February 24, 2008 from 10 am until 2 pm. Motion carried unanimously.
2008 Drainlayer License Renewals
Motion made by Selectman Schold, seconded by Selectman King to approve the following 2008 drainlayer license renewals:
Joseph Amorello A F Amorello & Sons, Inc.
Edward C. Amorello J E Amorello, Inc.
Robert J. Bernard Bob Bernard Excavating
Nicholas DiLiddo F & D Truck Co., Inc.
Louis M. Fantasia F&G Construction Co., Inc.
Joseph Federico, Jr. Fed. Corp.
Duane Heerdt Guaranteed Builders & Dev.
Francis Kelleher F. A. Kelleher & Sons
Jon R. LeClaire Jon R. LeClaire Builders Inc.
Richard J. Merusi R. J. Merusi Co., Inc.
Robert Miller Affordable Septic Services
Samuel Paldino Paldino Bros. Co., Inc.
Kenneth F. Polito J.A. Polito & Sons Inc.
James Ricciardi Ricciardi Brothers, Inc.
Thomas Stratford Midstate Sewerage Inc.
Paul Valente Valente Backhoe Service
Russell A. Wall Jr. Wall Construction, Inc.
David H. White R.H. White Construction Co., Inc.
John DiPietro, Jr. DiPietro & Sons Construction
Gilbert Norbert Gil Norbert Trucking, Inc.
Mitchell Cohen Team Shovel Excavation
William F Tully, Jr. D's Enterprises Inc dba Standard Builders
Motion carried unanimously.
OLD BUSINESS
Solid Waste - Discussed during Town Manager's Report
Free Cash - Selectman Moore asked if the town has the free cash number. Mr. Spain noted that it is with the supervisor and this is the last step. Selectman Moore still wants a meeting set up during the day with Finance Committee members and Board of Selectmen members who are available.
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Annual Town Meeting - Selectman Moore asked if the articles are ready for the Annual Town Meeting for two zoning by-laws, Charter Review Committee, Bicentennial Committee, and the prerequisites for the Town Manager. Mr. Spain will have them ready by March 6, 2008.
MAIL
Notice from the Town Clerk re: Presidential Primary Election on February 5, 2008 at the Millbury Jr./Sr. High School at 12 Martin Street.
Correspondence from Charter Communications on December 19, 2007 regarding rate changes effective on February 1, 2008 and March 1, 2008.
Letter from Fire Chief Matthew Belsito regarding surprise inspection at Radius Health Care Facility; the facility is in very satisfactory condition.
Welcome Reception for the New Town Manager at the Asa Waters Mansion on Monday January 28, 2008 from 4:30 p.m. until 6:30 p.m. for all citizens.
Chief Handfield told the Board about the opportunity to have a reverse 911 call system. The system targets certain geographical areas and can call people in case of emergency. The Chief has wanted this in town for many years and is at no cost through Homeland Security. Motion made by Selectman Schold, second by Selectman King to authorize Chief Handfield to proceed with securing a Reverse 911 Call System for the town of Millbury. Motion carried unanimously.
CITIZEN SPEAK - None
EXECUTIVE SESSION
Motion made by Selectman Coggans, seconded by Selectman Schold to move into Executive Session at 8:45 p.m. under Chapter 39, Section 23B, Para. 3 to discuss strategy with respect to collective bargaining or litigation, and Para. 4 to discuss the deployment of security personnel or devices.
Selectman Coggans, Jr. - Yes
Selectman Moore - Yes
Selectman Schold - Yes
Selectman King - Yes
Chairman Plante - Yes
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Chairman Plante stated that the Board will leave Executive Session only to adjourn.
The Board returned to open session at 10:00 p.m.
ADJOURNMENT
Motion made by Selectman Moore, seconded by Selectman Schold to adjourn at 10:01pm. Motion carried unanimously.
Respectfully submitted,
Joyce A. Ostrowski
Secretary, Bd of Selectman
E. Bernard Plante
Joseph F. Coggans, Jr.
Michael O. Moore
Kenneth I. Schold
Francis B. King
Its Board of Selectmen
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