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Board of Selectmen Minutes 01/11/2011
January 11, 2011                                                                        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, Tom Huynk, Mary Gleason, Matt Mastrogiacomo, Karen Murray, Julie Murray, Philip Miles, Cindi Giraidi, Linda Swenson, Anna Lewandowski, J.T. Miles, Bob Vigneau, Russell DeDomig, Doris & Freeman Guiou, Donna Boynton, Tom Riley, Edd Cote, Attorney Michael Spillane and concerned citizens.


Poll Workers for 2011 election year:
See attached list of names.
Motion made by Selectman King to appoint the workers for the 2011 election to Precinct 1, seconded by Selectman Stowell.
Motion carried unanimously.
Motion made by Selectman King to appoint the workers for the 2011 election to Precinct 2, seconded by Selectman Ashmankas.
Motion carried unanimously.
Motion made by Selectman Ashmankas to appoint the workers for the 2011 election to Precinct 3, seconded by Selectman Stowell.
Motion carried 4-0-1. (Selectman King abstained as to Marie Kosiba).
Motion made by Selectman King to appoint the workers for the 2011 election to Precinct 4, seconded by Selectman Stowell.
Motion carried unanimously.

Motion made by Selectman King to appoint the substitute poll workers for the 2011 election, seconded by Selectman Stowell.
Motion carried unanimously.

2011 Drainlayer Renewals:  
Highfield Development Corp., J.A. Polito & Sons, Inc., A.F. Amorello & Sons, Inc., G.N. Prunier & Sons, Inc., Richard R. Record & Sons, Inc., Bob Bernard Excavating, Inc., C.H.W. Site Development, Valente Backhoe Service, Inc., PTM Asphalt, Inc., Woodridge, LLC, Wall Construction, Inc., and Mitchell Associates.
Motion made by Selectman King to approve the renewals, seconded by Selectman Stowell.
Motion carried unanimously.

Previous Minutes
December 14, 2010- Motion made by Selectman Schold to approve the minutes, seconded by Selectman Ashmankas.
Motion carried unanimously.

December 14, 2010-Executive Session-Motion made by Selectman Ashmankas to approve the executive session minutes, seconded by Selectman Stowell.
Motion carried unanimously.

December 14, 2010-2nd Executive Session-Motion made by Selectman Schold to approve the executive session minutes, seconded by Selectman Stowell.
Motion carried unanimously.

Town Manager Report
Mr. Spain is appointing Julie Murray to the Millbury EMA.
Motion to concur with the appointment made by Selectman Stowell, seconded by Selectman King.
Motion carried unanimously.
Chairman Plante added that she will be a great addition to the agency.

The Board of Fire Engineers put together a policy that would govern how a photographer would operate and what the liabilities are.  The photographer is not allowed to enter a building if there is a threat.  Ownership of the photos is clarified as well.  This will keep a historical record and also help out with suspicious fires.  The board of fire engineers recommends Edd Cote.  Mr. Spain agrees and appoints Edd Cote as the Fire Department Photographer.
Motion made by Selectman Schold, seconded by Selectman Stowell to concur with the appointment.
Motion carried unanimously.

The Town Meeting will be held on June 7, 2011.  

The two new pouring licenses for the Mall have been signed by the Governor.

Public Hearing- Lay Out Road Ways: Notice read into record at 7:17 p.m.
Laurie Connors-Town Planner-three subdivisions ready to go to Town Meeting for approval.  The Selectmen have gone on their site visit, the developers, neighbors and general public are here to ask any questions they may have and then we move to Town Meeting for approval.
Selectman King asked about 12-14 Cronin Brook Way; Ms. Connors asked the developer to look at it and he fixed it.
Attorney Michael Spillane represents Linda Swenson of 40 Braney Road; she wants to make sure that her front yard is not being taken.  
Laurie Connors said that the only thing that they are interested in is the easement and she showed the acceptance plan to Atty. Spillane.  The Planning Board has waived the sidewalks on any portion of Braney Road or the Cronin Brook subdivision.
Mr. Huynh wanted to know what they were doing with Brian Circle.  Mr. Spain explained that two years ago they accepted all the roads in the area of Brian Circle but because of a legal issue Brian Circle was not accepted. It is the last road in the subdivision to be accepted.
Anna Lewandowski spoke regarding the sink hole on Cronin Brook Way.  She does not think it is ready to be accepted and wants to know why they are accepting a subdivision without it being completed.  
Linda Swenson asked if when a road is accepted as a town road if there is footage on either side for future improvements.  Ms. Connors answered no; the right of way width is set by the subdivision.
Matt Mastrogiacomo of 3 Jessica J Drive wants to know if all the issues have been solved.  Laurie said that they have worked with the developer and the Planning Board and came to an agreement. If accepted they will be able to include it in the Ch. 90 money.  Constructed in 1998, there was a bond in place but it did expire.  The work remaining at the project was minimal and not worth pursuing litigation at that time.  Considering the age of the road it is not in bad shape.  It will continue to degrade until the homeowners fix or if we accept it and take it over.
Mary Gleason of 4 Jessica J Drive wanted to know what does intent to lay out mean.  Ms. Connors explained there is a process set out in MGL.  Are there any plans for Jessica J in changing the cul de sac? The change is cul de sac was approved with Jessica J extension.  Unless there is a modification approved in the future, that is what the subdivision approval states.  
Selectman King asked regarding the sinkhole the planning board approve the fix.  The engineer from Tighe and Bond does not expect the sinkhole to reappear.  We have $10,000 on hand to address it if needed.
Mr. Spain’s thinking is to get these accepted so that the citizens can get the benefits of town roads.    The engineer and DPW director is reasonably sure that the sinkhole is fixed.    Let the citizens decide at town meeting if they want to accept them.
Chairman Plante wanted to reiterate
Motion to close the hearing made by Selectman Stowell, seconded by Selectman Schold.
Motion carried unanimously.

Motion made by Selectman Stowell and seconded by Selectman Schold to lay out a portion of Braney Road and Cronin Brook Way which are located in the southeastern portion of the Town of Millbury as shown 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 roadways will be conveyed subject to and with the benefit of easements as shown on the plan.  
Motion carried unanimously.

Motion made by Selectman Stowell and seconded by Selectman Ashmankas to lay out a portion of Diana Hill Drive and Taft Circle which are located in the southeastern portion of the Town of Millbury as shown 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 roadways will be conveyed subject to and with the benefit of easements as shown on the plan.  
Motion carried unanimously.

Motion made by Selectman Stowell and seconded by Selectman King to lay 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 easements as shown on the easements location plan.  Motion carried unanimously.

Motion made by Selectman Stowell and seconded by Selectman Schold to lay 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 easements as shown on the plan.  
Motion carried unanimously.


Town Manager Report
Butler Farm Cell tower RFP-we got one response.  There are 5 people looking at the paperwork to make sure it meets our standards; the process is rolling.

The policy for the Board of Fire Engineers regarding pay is in place.

Bob will attend a regionalization update.  He has spoken with Manager O’Brien of Worcester regarding the health director and they would like to formalize that.  There is some grant money to study health districts including the city, and we will put a proposal forward.    Selectman Ashmankas mentioned that dispatchers could be regionalized; we could utilize the county better.
We are trying to find better ways to share with other communities.

We are expecting a 5-10% state aide cut for this fiscal year.  We have to find ways to cut back and regionalization is the way to go.  

Local receipts are coming in as expected.  Veterans’ benefits are up dramatically.  Budgets are less than previous years.  


Mail:
Bicentennial Donations from the direct mail campaign is $3915.00.
Motion made by selectman Schold to accept the donations, seconded by Selectman Stowell.
This committee is doing terrific.

Millbury Fire Department donation of $50.00 from the Boyda family.
Motion made by Selectman Schold to accept the donation, seconded by Selectman Ashmankas.

Donation from Millbury Savings Bank for the Police and Fire Departments of $700 each.
Motion made by Selectman Schold to accept the donations, seconded by Selectman King.

Open Burning Permits are available at the fire station for $10.00 for the season.


On a Good Note:
Millie Stearns sent out 70 boxes to our troops.  She is doing a wonderful thing for our servicemen.

H&H Dancing did a great job in Disney for the Christmas parade.

Mr. Spain mentioned the stars on the war memorials that was vandalized and on the news.  Since then they have been getting donations to defray the cost of repair.  You can donate to the Millbury Veterans Council.


Citizens Speak
Ron Bordeau-Autumn Gates estates- spoke extensively regarding the subdivision and his issues with it being in litigation.  


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 1.                          
                                                        Selectman King          - Yes
                                                        Selectman Schold                - Yes
                                                        Selectman Stowell       - Yes   
                                                        Selectman Ashmankas      -Yes
                                                        Chairman Plante          -Yes

Chairman Plante announced the Board would return only 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