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Board of Selectmen Minutes 09/27/2011
September 27, 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 Bob Spain, Finance Director Brian Turbitt, Edd Cote, Susan Spencer-T&G, Steve Balestrieri and concerned citizens.       

Chairman Plante sent out well wishes to Harold Ostrowski and sends many thanks for all he has done for the town; including the Finance Committee, Board of Selectman, Lions Club, Board of Directors of Senior Center and too many other things to mention.  

Rob McNeil-DPW Director:  Rob McNeil asked the Board for signatures on the Sewer Rate Relief Funds to finance capital improvements.  
Motion to sign by Selectman Schold, seconded by Selectman King.  Motion carried unanimously.

One Day Liquor License-Boston Best Bartending-Asa Waters Mansion October 28, 2011
Motion to approve the one day license made by Selectman Schold, seconded by Selectman Ashmankas.
Motion carried unanimously.

One Day Liquor License-Pepper’s Fine Foods and Catering-Asa Waters Mansion October 9, 2011
Motion to approve the one day license made by Selectman Ashmankas, seconded by Selectman Schold.
Motion carried unanimously.

2nd Reading Of Snow And Ice Mailbox Policy
No issues regarding policy.

Final Reading And Adoption Of Rules And Regulations For Street Openings.
Chairman Plante mentioned this is a good policy to have in place.
Motion to adopt the Rules and Regulations for Excavation made by Selectman Stowell, seconded by Selectman Schold.
Motion carried unanimously.

Public Hearing:  TGI Friday’s Change of Manager
Selectman Schold read into record notice of public hearing at 7:15 pm
Attorney DeNapoli represented TGI Friday’s.  Barbra Grezmo has been with TGI Fridays for 27 years.
Motion to close public hearing made by Selectman Stowell, seconded by Selectman Ashmankas.
Motion carried unanimously.
Motion to approve the Change of Manager for TGI Friday’s made by Selectman Stowell, seconded by Selectman Schold.
Motion carried unanimously.

Scales Restaurant: Change of Ownership:   Dean and Shari Dellaventura purchased restaurant from the Mogrens.  They are expanding the menu and will have delivery.  They have passed all inspections and they hope to keep what Randy did going.
Motion made by Selectman Schold to approve the change of ownership, seconded by Selectman King.
Motion carried unanimously.

Matt Mastrogiacomo, 3 Jessica J Drive:  He appeared to let the Board know why he was not signing the wavier to allow the Town to make Jessica J Drive a public roadway.
He stated he wanted copies of the plans and did not get them and he wants the town to survey his land to find out where the bounds are. Town Planner Laurie Connors said that she delivered the plans to his home along with the packet which included the waiver.
Janet Conlon was recently notified that she was an abutter to this project and she is concerned that the Jessica J Extension project runs right through her property.  Ms. Connors explained to her that the aerial photograph is distorted and cannot line up the property lines correctly.  Mr. Spain explained the Ms. Conlon was not notified property because our attorney’s missed her and apologized to her for this happening to her.
Motion made by Selectman King, seconded by Selectman Schold to move into Executive Session at 7:40 p.m. under Chapter 39, Section 23B, Paragraph 6.                             
                                                        Selectman King          - Yes
                                                        Selectman Schold                - Yes
                                                        Selectman Stowell               - Yes   
                                                        Selectman Ashmankas      -Yes
                                                        Chairman Plante          -Yes

Returned to open session at 8:00 p.m.

Motion made by Selectman Stowell that the Board of Selectmen, in order to complete the layout of Jessica J Drive as a public way in the Town as accepted by the vote of the June 7, 2011 Annual Town Meeting, take such action as is necessary to acquire by eminent domain permanent easements for public way purposes in the land shown as “Jessica J Drive” on a plan on file with the Town Clerk, entitled: “Plan of Acceptance of Jessica J Drive, Millbury, Massachusetts” prepared by LaVallee Brothers Inc, dated March 16, 2005, and a permanent drainage easement in the land shown as “20 Ft Drainage Easement” on the definitive subdivision plan entitled “Jessica J Drive”, recorded with the Worcester District Registry of Deeds in Plan Book 678, Plan 25, which action shall include endorsing and recording an order prepared by Town Counsel for this purpose, and issuing notice of said taking as required by law, and further award no damages for such taking, seconded by Selectman King.
Selectman King          - No
Selectman Schold                - No
Selectman Stowell               - No    
Selectman Ashmankas      -No
Chairman Plante          -No
Motion failed.


Previous Minutes:  September 13, 2011
Motion made by Selectman Schold to approve the minutes with correction to page 4 stating “Selectman Stowell, should read Selectman King.”, seconded by Selectman Ashmankas.
Motion carried unanimously.

DPW Update: Rob McNeil.  A contract was just signed with Fedcorp for reconstruction of the Grafton St. pump station, work will begin early January.
The Providence St. Bridge will be opening soon.
Pursuing drainage improvements on Stowe Rd. and Auburn Rd. to be installed this season most importantly at McCracken and Greenwood Street, this should happen within 2 weeks.
Line stripping is happing tonight.
He had a meeting with DOT and Mall representatives to see if simple stripping will help with traffic issues.  They will be installing this soon.
Brush pile is open through this weekend.  They caught one commercial violator from out of town.  
They are looking to take out little common to accommodate ADA improvements and parking.
Selectman King asked about the Roadway Advisory Committee and if they have a list of roads. The roads will be Miles, Prospect, Hamilton, Howe Ave and Auburn road.  They are hoping for early spring paving programs for these roads.  The roads need drainage improvements first, then paving.

Dave Collins-20 Curve Street:  He has correspondence from the previous DPW Director, John McGarry from 2010 who came to his house and surveyed the wall to fix.  Mr. McGarry bought the stone to fix the wall and nothing has been done.  Now that Mr. McNeil has had the property surveyed he is refusing to fix the wall as they say it is private property.  He believes it is a safety hazard and the Town should fix it.  

Town Manager Report
Mr. Spain met with Bay Communications to firm up cell tower lease.
Mr. Spain said he forgot to thank Alert Ambulance service during the discussion of the phenol spill at Lewcott.  He noted that a bunch of ambulances were needed as 12 people went to the hospital.
The sale of surplus property brought in about $12,000.
Mr. Spain said the transfer station committee is meeting and the meetings are open to the public. The next meeting is October 17 at 4:30 p.m. in the selectmen’s meeting room. Mr. Spain said the committee is reviewing a number of things including a potential RFP to investigate privatizing the station. Spain said the group is also looking into ways to improve operational efficiencies.

On a Good Note
Thank you to Rev Davis for the firefighter’s 1st annual mass-it was really nice.  

The Block Party was a great success.

Great news:  Mary Krumsiek is in full remission.

Happy Birthday to Doris Guiou.

Selectman Ashmankas said the town of Oxford got free solar panels and urged the town to look into it as well.

Executive Session
Chairman Plante announced the Board would return only to adjourn.

Motion made by Selectman King, seconded by Selectman Schold to move into Executive Session at 7:40 p.m. under Chapter 39, Section 23B, Paragraphs 3,4,5,6 and 7.                                
                                                        Selectman King          - Yes
                                                        Selectman Schold                - Yes
                                                        Selectman Stowell               - Yes   
                                                        Selectman Ashmankas      -Yes
                                                        Chairman Plante          -Yes



Adjournment
Motion made by Selectman Stowell, seconded by Selectman Schold to adjourn at 10:15 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