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Board of Selectmen Minutes 12/14/2010
December 14, 2010                                                                       7:10 p.m.
____________________________________________________________________________
Present:        Board of Selectmen:  Chairman E. Bernard Plante, Francis B. King, Kenneth I. Schold, Brian W. Stowell, Brian M. Ashmankas; Town Manager Spain, Detective Kim Brothers, Sgt. Donald Desorcy, Sgt. McFaul, Millbury Police Officers, Brian Turbitt, Donna Boynton, Edd Cote, Tara Johnson and concerned citizens.

Chairman Plante started off by congratulating the Millbury Football Team for making it to the Superbowl.

New Common Victualler License-Feng Asian Bistro
Motion made by Selectman Stowell to approve the license, seconded by Selectman King.
Motion carried unanimously.

Intention to Lay Out Road Ways:
Town Planner Laurie Connors spoke regarding the three different subdivisions that the Planning Board is considering complete.  All of the developers will be at the public hearing on January 11, 2011 if you have any questions.  The Board will schedule a viewing date.

Motion to begin the process of laying out Braney Road, a way situated east of the public portion of Braney Road located in the southeastern section of the Town of Millbury, in the County of Worcester.  Said roadway is shown as Braney Road on a plan entitled “Roadway Acceptance Plan, Cronin Brook Way & Braney Road, Millbury, Massachusetts” prepared by S.E.C. & Associates, Inc., dated October 13, 2010, last revised December 14, 2010.  The roadway will be conveyed subject to and with the benefit of all easements shown on the plan made by Selectman Stowell, seconded by Selectman Schold.  
Motion carried unanimously.

Motion to begin the process of laying out Cronin Brook Way, a way situated northwest of Braney Road located in the southeastern section of the Town of Millbury, in the County of Worcester.  Said roadway is shown as Cronin Brook Way on a plan entitled “Roadway Acceptance Plan, Cronin Brook Way & Braney Road, Millbury, Massachusetts” prepared by S.E.C. & Associates, Inc., dated October 13, 2010, last revised December 14, 2010.  The roadway will be conveyed subject to and with the benefit of all easements shown on the plan made by Selectman Stowell, seconded by Selectman Schold.  
Motion carried unanimously.

Motion to begin the process of laying out Diana Hill Drive, a way situated north of Cronin Brook Way located in the southeastern section of the Town of Millbury, in the County of Worcester.  Said roadway is shown as Diana Hill Drive on a plan entitled “Roadway Acceptance Plan, Diana Hill Drive and Taft Circle, Millbury, Massachusetts” prepared by S.E.C. & Associates, Inc., dated October 13, 2010, last revised December 14, 2010.   The roadway will be conveyed subject to and with the benefit of all easements shown on the plan made by Selectman Stowell, seconded by Selectman Schold.  
Motion carried unanimously.

Motion to begin the process of laying out Taft Circle, a way situated northwest of Diana Hill Drive located in the southeastern section of the Town of Millbury, in the County of Worcester.  Said roadway is shown as Taft Circle on a plan entitled “Roadway Acceptance Plan, Diana Hill Drive and Taft Circle, Millbury, Massachusetts” prepared by S.E.C. & Associates, Inc., dated October 13, 2010, last revised December 14, 2010.   The roadway will be conveyed subject to and with the benefit of all easements shown on the plan made by Selectman Stowell, seconded by Selectman Schold.  
Motion carried unanimously.

Motion to begin the process of laying out Brian Circle, a way situated at the western end of Keith David Drive located in the Town of Millbury, in the County of Worcester.  Said roadway is shown as Brian Circle on a plan entitled “Street Location Plan (Hayward Glen) Keith David Drive, Matthew Circle and Brian Circle in Millbury, Massachusetts” prepared by Zingarelli Associates, Civil Engineers and Land Surveyors, dated September 15, 2006.  The roadway will be conveyed subject to and with the benefit of all the easements as shown on the easements location plan made by Selectman Stowell, seconded by Selectman Ashmankas.  
Motion carried unanimously.

Motion to begin the process of laying out Jessica J Drive, a way situated southeast of Herricks Lane located in the southern section of the Town of Millbury, in the County of Worcester.  Said roadway is shown as Jessica J. Drive on a plan entitled “Plan of Acceptance of Jessica J Drive, Millbury, Massachusetts” prepared by LaVallee Brothers Inc, dated March 16, 2005.   The roadway will be conveyed subject to and with the benefit of all easements shown on the plan made by Selectman Stowell, seconded by Selectman King.  
Motion carried unanimously.

Motion to forward the petition to accept the proposed layout of Braney Road, Cronin Brook Way, Diana Hill Drive, Taft Circle, Brian Circle, and Jessica J Drive to the Millbury Planning Board for comment as to whether the roadways are ready for acceptance made by Selectman Stowell, seconded by Selectman King.  
Motion carried unanimously.

Motion to schedule a visit to view Braney Road, Cronin Brook Way, Diana Hill Drive, Taft Circle, Brian Circle, and Jessica J Drive on a date to be decided.  The public meeting on the proposed acceptance of these roadways will occur on January 11, 2011 made by Selectman Stowell, seconded by Selectman King.   
Motion carried unanimously.

Change of Manager-Showcase Cinema DeLux.  Selectman Schold read public hearing notice into record at 7:15 p.m.  Attorney Larry Brodeur spoke on behalf of Showcase.
Scott Temple is managing director of the facility now.  He has worked for Showcase for 20 years and now will be manager of the Millbury location.
Motion made by Selectman Schold to close public hearing seconded by Stowell. Motion carried unanimously.
Motion to approve change of manager by Selectman Schold, seconded by Selectman King.
Motion carried unanimously.

One-Day Liquor License - Marie’s Catering - Asa Waters - December 24, 2010
Motion made by Selectman Stowell, seconded by Selectman King to approve the license.
Motion carried unanimously.

One-Day Liquor License - Marie’s Catering - Asa Waters - December 30, 2010
Motion made by Selectman Stowell, seconded by Selectman Schold to approve the license.
Motion carried unanimously.

One-Day Liquor License - Marie’s Catering - Asa Waters - January 8, 2011
Motion made by Selectman Stowell, seconded by Selectman Schold to approve the license.
Motion carried unanimously.

Lenny Mort Chairman of the Redevelopment Authority invited the Selectmen to a meeting on January 6, 2011 at 7:00 pm in the large conference room.  They will have two speakers from Ashland Ma speaking about the effect of redevelopment on their town.

Liquor License Renewals-All inspections have been complete
Restaurants – All Alcoholic
Applebee’s Neighborhood Grill & Bar
The Wheelock Inn
Twenty Nine Canal St., Inc.  d/b/a  DAR BAH
Golfview Corp.  d/b/a  Clearview Country Club
The Milltowne Tavern
Liberty Heights Café
Rare Hospitality  Int., Inc. d/b/a  Longhorn Steakhouse
Round Robin of Millbury LLC  d/b/a  Red Robin, America Gourmet
             Burgers and Spirits
Quincy Amusements, Inc.  d/b/a/  Showcase Cinema DeLux
TGI Friday’s Inc.
UR of Millbury MA LLC d/b/a  Uno Chicago Grill
Karen A. McGovern d/b/a Puffin’s Restaurant
Calabria Restaurant
Sixty Elm, Inc. d/b/a A&D Pizza
Feng Asian Bistro

Motion made by Selectman King to approve the licenses, seconded by Selectman Schold.
Motion carried unanimously.

Innholder – All Alcohol
The New St. Charles Hotel
Belfont House

Motion made by Selectman Stowell to approve the licenses, seconded by Selectman King.
Motion carried unanimously.

Club – Veterans- All Alcohol
Charles F.  Minney Post VFW 3329 d/b/a Foreign Wars 3329 Inc.

Motion made by Selectman King to approve the license, seconded by Selectman Stowell.
Motion carried unanimously.

Restaurant  -Wine & Malt
Elm Draught House Cinema

Motion made by Selectman King to approve the license, seconded by Selectman Schold.
Motion carried unanimously.

Package Store -All Alcohol
Douglas Package Store, Inc.   d/b/a Lennys Liquors
HJMP Corp.   d/b/a Roberts Package Store
BAK, Inc.  d/b/a Scannels Package Store

Motion made by Selectman Ashmankas to approve the licenses, seconded by Selectman Stowell.
Motion carried unanimously.

Package Store -Wine & Malt
Goretti Supermarket
JT’s Corner Store
Riverside Mart
Village Knoll Variety, Inc.  
Wine Nation

Motion made by Selectman Stowell to approve the licenses, seconded by Selectman Ashmankas.
Motion carried unanimously.

Drainlayer Renewals:
Guaranteed Builders & Developers, Inc.
J.E. Amorello, Inc.
R.H. White Construction Co
Gil Nobert Trucking Inc.
F & D Truck Company Inc
Knapik Builders Inc.
Mid State Sewerage Inc.
Site Prep
Ricciardi Brothers Inc
Motion made by Selectman Schold to approve the above drainlayers, seconded by Selectman Stowell.
Motion carried unanimously.

Public Hearing-7:30 Verizon Pole Petition Westview Avenue.  
Selectman Schold read notice into record at 7:30 pm.
Paul Schneider for Verizon spoke to extend the pole line by one pole to feed new development.
Motion to close hearing by Selectman Stowell, seconded by Selectman Schold.
Motion carried unanimously.
Motion to approve the petition by Selectman Schold, seconded by Selectman Stowell.
Motion carried unanimously.

Previous Minutes
November 23, 2010- Motion made by Selectman Schold to approve the minutes, seconded by Selectman Ashmankas.
Motion carried unanimously.

November 23, 2010-Executive Session-Motion made by Selectman Schold to approve the minutes, seconded by Selectman King.
Motion carried unanimously.

Release of Executive Session Minutes-Motion made by Selectman Schold to Release the executive session minutes of April 8, 2008, December 17, 2008, April 14, 2009, July 28, 2009, September 8, 2009, November 24, 2009 and March 23, 2010, seconded by Selectman Ashmankas.
Motion carried unanimously.

Town Manager Report *see attached list.
The two new pouring licenses at the mall have been voted out of committee unanimously.

The RFP for the cell tower is due January 10th, we have had 2 people request packages so far.

Transfer Station Holiday and Town Hall hours **see attached list.  
We are trying to meet the needs of the citizens and the union contract.

Mr. Spain went to a regionalization meeting in Worcester today-how to provide health services in a regional environment.  He is going to another regionalization meeting on the 21st.   Chairman Plante thinks this is the only way to go.

There is a letter from the Board of Fire Engineers in the mailboxes regarding the policy requested by the Selectmen.  

The Moderator may not be able to make it to the June 7th town meeting.  
Selectman Schold asked why we can’t swear in the newly elected members after town meeting.  Mr. Spain agreed that this is a good idea.

No littering signs have been ordered for placement around town.

The Assistant Town Clerk has been selected to be Christine M. Billington from Sutton.  Hopefully she will start the first week in January.  The Town Clerk thought this was the correct choice.  She was the Assistant Town Clerk here in Millbury before Judy Brink.
Motion to concur with the appointment made by Selectman Schold, seconded by Selectman King.
Motion carried unanimously.

Audit Report:  Roselli Clark & Associates
Tony Roselli spoke regarding the audit.  He said that working with the people here in Town was a lot smoother than expected for being the first year.
The financial overall picture is very positive.
Management Letter:  There are no significant deficiencies or material weaknesses.  The financial team has already fixed any items on previous management letters and the current one as well.
This is a real credit to Brian, Denise, Paula, their staff and Bob.

Finance Director Turbitt said that the audit report will be on the website on Friday.

Executive Session
Motion made by Selectman Stowell, seconded by Selectman Schold to move into Executive Session at 8:10 p.m. under Chapter 39, Section 23B, Paragraph 3.                          
                                                        Selectman King          - Yes
                                                        Selectman Schold                - Yes
                                                        Selectman Stowell       - Yes   
                                                        Selectman Ashmankas      -Yes
                                                        Chairman Plante          -Yes

Returned to open session at 8:28 p.m.

Mr. Spain announced that contracts have been extended for one year with clerks, custodians, library and the DPW Union until June 30, 2011 with current conditions-no pay increases.

Mr. Spain wants to thank the members of the unions for working with him in these tough times.

Motion to vote to have the Manager sign memorandums of agreement for clerks, custodians and library workers and the DPW made by Selectman Stowell, seconded by Selectman King.
Motion carried unanimously.

Motion to keep the contracts the same for the clerks, custodians and library workers and the DPW until June 30, 2011 except change SEIU to GEU throughout made by Selectman Stowell, seconded by Selectman King.
Motion carried unanimously.

Interview of Mathew Paul McGrath-Patrolman
He is a graduate of Westfield State with a BS in Criminal Justice.  He has worked at the Worcester County House of Correction for the last 5 years.  In 2008 he went through Worcester Police Academy but was laid off immediately and he went back to the House of Correction.
Chairman Plante asked if it was going to be a long term appointment-if you get a call from Worcester.  He is grateful that Worcester put him through the academy but has no real attachment to the city.
The Selectmen asked him a few questions regarding job performance and what he would do in certain situations.

Chief Handfield recommends appointment pending psychological evaluation and a physical.
Mr. Spain also recommends the appointment and thanked Sgt. Desorcy for putting the packet together and also the officers that are here supporting this process.

Motion made by Selectman Stowell to appoint Mathew Paul McGrath pending the outstanding evaluations, seconded by Selectman Schold.  
Motion carried unanimously.

On a Good Note
Selectman Stowell would like to thank Mary Krumsiek, the businesses of Millbury and all the people who came out for the Chain of Lights, what a great job!

Matt’s Tree Service put up wreaths in Town and Warren Gardner picked up the lights at the town of Acton for the Common-it looks beautiful.

The Millbury Historical Society put a lot of work into the upstairs of the Mansion.

New/Old Business
Selectman King wanted to mention the legal opinion for the personnel board.  There would need to be a charter change to have the personnel board be effective.  
Selectman Ashmankas made a motion to have the charter review committee look into a personnel board, seconded for discussion by Selectman Stowell.  Discussion took place.
Selectman King wanted the board to help the manager with negotiations, steps and grievances.
Mr. Spain said that there are protections in place for employees with the department heads, the unions and arbitration.
Motion carried unanimously to have Charter Review Committee look into it.

Selectman King asked about the money for McCracken Road.  Once we get the design money in place the State will help out.  Laurie Connors is looking into it and trying to get people involved.  

Selectman Schold mentioned on a good note!  They are starting to move on the Providence Street Bridge.  House has come down and they have started to stage it, they plan on working throughout the winter.  It is nice to see progress.

Executive Session
Motion made by Selectman Stowell, seconded by Selectman Schold to move into Executive Session at 9:25p.m. under Chapter 39, Section 23B, Paragraph 4.                           
                                                        Selectman King          - Yes
                                                        Selectman Schold                - Yes
                                                        Selectman Stowell               - Yes   
                                                        Selectman Ashmankas      -Yes
                                                        Chairman Plante          -Yes

Chairman Plante stated that the Board will leave Executive Session solely to adjourn.

Adjournment
Motion made by Selectman King, seconded by Selectman Schold to adjourn at 10:00 p.m.  Motion carried unanimously.

Respectfully submitted,

Tish Hayes, Secretary

        E. Bernard Plante               __________________________
Francis B. King                         __________________________
Kenneth I. Schold                       __________________________
Brian W. Stowell                        __________________________
       Brian M. Ashmankas              __________________________
                                               Board of Selectmen