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Board of Selectmen Minutes 06/10/2008
Town of Millbury
Board of Selectmen Minutes
Municipal Office Building- Selectmen's Meeting Room
June 10, 2008                                                           7:00 P.M.



Present:  Board of Selectmen: Joseph J. Coggans, Jr., Kenneth Schold, Francis B. King,

Vacation:  Chairman E. Bernard Plante

Late arrival: Michael O. Moore- 7:05 pm

Robert J. Spain, Town Manager, Tim Vanderlinden, Bernice O'Gassian, Michelle Desorcy and Larry Bingaman representing Aquarion, Attorney Peter Keenan, Daniel Grant, John Rock, Nick Mitchell, Curt Bussiere, Tom Reilly, The Millbury-Sutton Chronicle and Donna Boyton, The Telegram & Gazette, and concerned citizens,

Acting Chairman Coggans opened the meeting with the Pledge of Allegiance.

Acting Chairman Coggans expressed his respects for Walter Weldon, who was a great, dedicated public servant and he served Millbury well.

GUEST PRESENTATION

AQUARION WATER COMPANY.    Selectman King recued himself from the meeting at 7:05 p.m.  Larry Bingaman, senior vice president, presented a proposed rate application.  Filed on May 14, 2008 to raise rates; it has been seven years since last increase; they now plan to come in every three years for increases.  They will continue to reinvest to better the company.  Selectman Coggans compliments Aquarion for their communication but rate hike is way too high.  He thinks the State will not go for the total 33.5%-he would be willing to work with a 20% increase.  Mr. Bingaman acknowledges the problem and notes that they cannot change rates without review of the Department of Public Utilities. There will be a Public Hearing on July 9, 2008 7:00 P.M. at the Oxford Senior Center for our area.  There will be a legal notice in the T&G and a letter will be sent out to all customers with place, time and date of hearing.  

Selectman King returned at 7:21 P.M.

LAKE SINGLETARY ASSOCIATION:  Tim Vanderlinden-President of LSA- They would like to discuss replacing existing dam mechanism.  The association would like to gift the new valve to the town of Millbury.  Total cost would be in the $60,000 range.  Valve has been designed; the proposed contract is with R.H. White, all mechanisms will be stainless steel.  They need a few things from the town; need authorization to act in their behalf and would like to request any permitting fees be waived, would also suggest
naming Dave Rudge as clerk of the works of the project.  They have paid for divers to examine the existing valve.  The current dam will not close completely, bolts missing and Mr. Rudge is concerned about the dam making it through the summer.  It will only take 3-4 days in November when they draw the lake down for the winter.  Received an earmark from Rep. Callahan for the purpose of this project and they are in receipt of the funds.  Rodney Hunt is the company that is building the valve.  Mr. Spain said Mr. Rudge is willing to serve as liaison and he would strongly recommend this project before the valve fails.  Selectman King would recommend waiving any fees as good will.  Wants to know if the dam house will be replaced-no, there will be no need.  Selectman Schold wanted to know when it is finished will it be raised from bottom up?  Yes, Mr. Rudge monitors it very carefully.  They measure water every week- Mr. Rudge manages it very well.  Association looks at it as leaving a legacy sponsored by the state.  Selectman Moore asked if Mr. Rudge is qualified as far as liability issues. RH white is covered-not much of a chance for a mistake.  Mr. Spain insists that RH White give an insurance binder with the Town of Millbury as an additional insured.  Selectman Coggans spoke to Chairman Plante and he supports it.
Selectman King made a motion to go forth, waive any permitting fees and approve David Rudge as clerk of the works, seconded by Selectman Schold.  
Selectman Moore wanted to know if there was any bidding necessary.  The work isn't coming from the Town-it is from the Lake Singletary Association.
Motion carried unanimously.

BELFONT HOTEL:  Application for Juke Box and Video Game
Motion made by Selectman Schold, seconded by Selectman King to approve the licenses for Juke Box and Video Game for the Belfont Hotel.
Motion carried unanimously.

PENGYEW CATERING:  One Day Liquor License-Asa Waters, July 20, 2008
Motion made by Selectman Schold, seconded by Selectman King to approve the one day liquor licenses for Pengyew Catering.
Motion carried unanimously.

CARDOOS CATERING:  One Day Liquor License-Asa Waters, June 15, 2008
Motion made by Selectman Schold, seconded by Selectman King to approve the one day liquor licenses for Cardoos Catering.
Motion carried unanimously.

PUBLIC HEARING  

A&D Pizza-Alter Premises-Angelo Tsetsos, manager of A&D Pizza
They are looking to provide outdoor dining including all alcoholic and food.  The will have a tips certified server.  Mr. Spain stated that they would be doing it all on their land-not on the sidewalk and recommends approval.  Mrs. Lewandowski wanted to know how many tables; between 8-14 tables.  They will abide by any bylaws.  Mr. Valentino wanted to know if there is live entertainment and music or just food and drink.  No live entertainment or music.
Motion made by Selectman Schold, seconded by Selectman King to approve the Alter of Premises for A&D Pizza and Pub.
Motion carried unanimously.


GUEST PRESENTATION

Attorney Peter Keenan-appearing for Radius Health Care-29 Main Street.  David A. Roush, William Duffy, and Barbara Wyser, presented for Radius.
On March 20, 2008 Radius closed-it was a painful day for the people of Millbury, patients and management.  Wants to announce new plans-to renovate and reuse the building with great changes.  The plan is to tear down the old section, construct a new portico for offices and reception area, redo façade of new building-entire interior will be rehabbed and construct a specialty hospital.  Hand out supplied.  The next process is that later this month they will file with the Dept of Health for determination of need.  David Roush is co-founder of a local company operates facilities in Ma and RI.  They are presenting this new project of a long term acute care facility because there is an over abundance of skilled nursing bed and they believe that this site is the perfect area for LTAC beds.  They are looking for an opening date of fall 2009.  Mr. Duffy explained the services of a Long Term Acute Care Hospital.  There are only 12 licenses in Ma.  There is a 25 day length of stay; 40+ bed facility will need 250-275 high end staff members.  The nurse to patient radio is 1 nurse to 4-5 patients on ventilators, 1 nurse to 5-6 patients for other patients.  Barbara Riser is in charge of seeking approvals from the Department of Public Health.  Selectman Moore asked what the capital investment will be.  They are asking for $10 million, so it could be anywhere from a $5 - $10 million project. Selectman Schold thinks it will be good for the town. Atty Keenans asked the Board to write a letter in support of the project to the Dept. of Health.  Selectman Coggans was pleased that an empty building was going to be utilized.
Selectman Moore made a motion to send letter to DPH, seconded by Selectman Schold.   Motion carried unanimously.


NEW BUSINESS
John Rock- R&S property Solutions - New Drainlayers License -
Motion made Selectman Schold, seconded by Selectman Moore to approve the Drainlayers License of John Rock.
Motion carried unanimously.

Nick Mitchell- New Drainlayers License -
Motion made Selectman Schold, seconded by Selectman King to approve the Drainlayers License of Nick Mitchell.
Motion carried unanimously.

Curt Bussiere- New Drainlayers License -
Motion made Selectman Schold, seconded by Selectman King to approve the Drainlayers License of Curt Bussiere.
Motion carried unanimously.

Daniel Grant- New Drainlayers License -
Motion made Selectman Schold, seconded by Selectman Moore to approve the Drainlayers License of Daniel Grant.
Motion carried unanimously.

Approve FY09 meetings -
Motion to approve FY09 Selectman Meetings, with the exception of November 11, 2008 (Veterans Day) and change to telephone numbers, made by Selectman Schold, seconded by Selectman King.
Motion carried unanimously.


PREVIOUS MINUTES

Minutes of the Meeting - May 27, 2008
Motion made by Selectman Schold to approve the minutes of the meetings with corrections on Page 2 and 3 regarding the Butler Farm Re-Use Committee; seconded by Selectman King.
Motion carried unanimously.


TOWN MANAGER REPORT

A situation came up today regarding Earth Tech closing Wheelock Rd.  Mr. Spain told them they needed to come before the Board to close a road or at the very least come to his office.  It was their feeling that Wheelock Ave would not have to be closed down until the construction began-they decided to close it down temporarily during the construction and reopen after construction.  They would like to apologize for not following protocol.  Selectman Schold wanted to know if there were school bus issues and if the school was notified.  The buses are being allowed to pass through, fire, ambulance, police-but he will check on that.  Selectman King thinks they got into a situation that they did not expect-police told them to shut the road down.  They ran into something that they didn't expect.  Selectman Coggans is very upset because they put themselves in the situation and do not have the good signage as promised and good alternative routes. Selectman King suggested a sign at Riverlin Street to help with traffic problem.  
They would like approval to close Wheelock Road between 7 a.m. and 4 p.m. for approximately 2 months during constructions except for emergency vehicles.
Motion made by Selectman Moore, seconded by Selectman King to close Wheelock Road during construction.

Roads repaved with Chapter 90 money for a late June-July time frame- Alpine Street, Beach Street from #35-Elmwood St, Gover Street, Louis Ballard Lane, Mayfair Drive and Lane, Millbury Ave, Railroad Ave., Riverlin Street, Todd Lane, Williams Street, and Stone Road with some drainage work.  Well over 4 miles of road will be done.  Selectman King asked about Millbury Ave., and having some by NStar; Mr. Spain said that they will contribute to the cost.  Selectman Coggans wants to know if proper grading will be done on the roads, Mr. Spain assured him, where they can adjust it, yes it will be done.  The roads that are being done are mostly just top coating.  Selectman King wants to know if something can be done about Stowe Rd-he understands how bad it is and the drainage issues.  Mr. Spain told him that they are looking at it and are hoping the NStar funds will be used to address that issue.  DPW director is setting up meeting with all utilities to inform them that the need to pave curb to curb after a street opening.


Town Manger Appointments:

COLLECTOR/TREASUER:  Denise Marlborough-very dedicated employee and taking test for certification.  Has letter from Finance Director.  He highly recommends her.

CEMETERY COMMISSION - 3 yrs-Richard F. Plante, Jr.      
                                                                
CONSTABLES - 1 yr - Stewart L. Barden ; Frederick McConaghy

TREE WARDEN- 3 yrs -Ronald Despres                                                                          

ANIMAL CONTROL OFFICER/INSPECTOR OF ANIMALS -1 yr - Daniel Chauvin  

ASA WATERS TASK FORCE - 3 yrs - Linda A. Pothier; Jeffrey A. Dore,                                                      
CERTIFIED WEIGHER- 3 yrs -Debra Gerber, Wheelabrator; Shana White, Granger Lynch Corp.          

COMMISSION ON DISABILITIES- 3 yrs - Kent Stowe; Saraswathi  Reddi                                                       
DOROTHY POND RESTORATION COMMITTEE - 3 yrs - Gary A. Pothier

PARKS COMMISSION- 3 yrs - Norman L. Gonyea      
                                                
EMERGENCY MANAGEMENT AGENCY - AUXILIARY POLICE
Gary Gagne; Mark Dyberg; Michael Sciascia; Ronald A. Trantor
                                                        
PONDS AND LAKES COMMISSION - 3 yrs -
Roy M. Ahlen; Roger L. Thornburg        


Motion made by Selectman Schold, seconded by Selectman King to concur all of the appointments.
Motion carried unanimously.

Mr. Spain is on vacation all next week- appointing Chief Handfield as acting town manager.

Rita Sullivan-made a presentation for Celebrity Readers to Selectman Joe Coggans with a plaque and a gift basked from the Candy Shoppe. Mr. Coggans thanked Mrs. Sullivan and said that having Mrs. Sullivan as a trustee of the library is a new and exciting and also wanted to thank the cable committee for the plaque.  Thank you for the basket.  

Selectman Moore asked about McCracken Road with MA Highway.  Mr. Spain was not sure and told Mr. Moore he would let him know the status.
MAIL

Fire Dept wants Selectman to participate in judging for field day on Sept. 20, 2008, at Shaw School.
Motion made by Selectman Moore, seconded by Selectman Schold to appoint Chairman Plante as judge for the field day.
Motion carried unanimously.

Federated Church Block Party- Sept. 20, 2008
Motion made by Selectman Moore, seconded by Selectman King to allow the Block Party on September 20, 2008.
Motion carried unanimously.

Letter from BOH regarding SMOC-they would not allow an inspector in to inspect the facility.


Selectman Coggans suggested BOH send the letter to the BOS.  Selectman Coggans would like to ask that a copy of the letter be sent to the Senator and Representative to show them SMOC's arrogance.  
The Senator responded to our letter to SMOC requesting them to give us a detailed report of the new program and we have not received anything from them.
Motion made by Selectman King, seconded by Selectman Schold to send a coy of the BOH letter to Senator Augustus and Representative Frost.   
Motion carried unanimously.

EXECUTIVE SESSION

Motion made by Selectman Schold, seconded by Selectman Moore to move into Executive Session at 9:09 p.m. under Chapter 39, Section 23B, Paragraphs 3.                                           
                                        Selectman Moore                 - Yes
                                        Selectman Schold                        - Yes
                                        Selectman King                  - Yes
                                        Acting Chairman Coggans, Jr.    - Yes

Acting Chairman Coggans stated that the Board will leave Executive Session only to adjourn.

The Board returned to open session at 9:45 p.m.

ADJOURNMENT

Motion made by Selectman Schold, seconded by Selectman Moore to adjourn at 9:45 p.m.  Motion carried unanimously.

Respectfully submitted,


Tish Hayes,
Secretary, Board of Selectman

Joseph F. Coggans, Jr.                                                          

Michael O. Moore                                                                        

Kenneth I. Schold                                                                       

Francis B. King                                                                 
                                                Its Board of Selectmen