BOARD OF SELECTMEN

MINUTES

JULY 10, 2006

 

Present:          Arnold Wilson, Chairman

                        Hal White

                        Ted Goodwin

                        William Emrich

                        Steven Halterman

                        James Malloy, Town Administrator

 

H. White, Vice-Chairman, called the meeting to order at 6:30 p.m. following the pledge of allegiance.

 

Approval of Minutes

 

MOTION:       To approve the minutes of June 19, 2006 as amended, by A. Wilson.

            2nd:     T. Goodwin

            Vote:  All in favor.

 

Department Head Monthly Reports

 

Fire Chief Leonard Senecal read his report to the Board (copy on file).  He said that he has been shopping for Jaws of Life units, and will get demonstrations on how the units work.  He said that a committee will be established to look into paramedic service for the Town.  He noted that all of the area towns are at paramedic level.  J. Malloy said that there needs to be an additional layer of security on this to see what the cost will be, to do a cost benefit analysis, and decide whether or not to privatize it. 

 

Harold Nichols, Building Inspector, read his report to the Board (copy on file).  He noted that building permits for new construction are considerably less than last year, by about 50 permits.  There has been an increase in additions, renovations and remodeling.  He said that he is using a new computer program that will coordinate information with the Conservation office and the Planning office. 

 

J. Malloy said that he will meet with the new president of the Chamber of Commerce to set up a mechanism to inform businesses of the Town’s bylaws regarding sign requirements. 

 

H. White suggested that H. Nichols provide the Board with a summary of building permits on a quarterly basis, and also a comparison over the past five years.

 

Pizzeria Uno – Corporate Change on Liquor License

 

J. Malloy submitted to the Board an application (copy on file) from Skene Law office on behalf of Pizzeria Uno for a new Officer/Director on their liquor license.  Due to the number of liquor licenses that Pizzeria Uno holds in Massachusetts, on corporate changes they go through the ABCC first and receive pre-approval on the change to facilitate the local licensing process.  The ABCC sent a memo indicating their approval of the license change (copy on file).

 

MOTION:       To approve the change in officers, naming Frank W. Guidara as the President of Uno Restaurant Holding Corp., by W. Emrich.

            2nd:     T. Goodwin

            Vote:  All in favor.

 

Miscellaneous

 

J. Malloy noted that there was an electrical problem at Well #3 and upon inspection and in making repairs, the electrician noted that the use of chlorine in the well house had corroded the electrical wiring and panels to the point where they needed to be replaced.  J. Malloy and Greg Morse, DPW Director, discussed the matter and the funds are available in the maintenance account, although this is generally used for other items during the year.  The repair has been authorized, at approximately $14,800.  At the next Special Town Meeting, it will be necessary to seek to appropriate funds from the Water Fund Reserve to ensure that the maintenance account is at a sufficient funding level for the remainder of the year.

 

Ted Goodwin had suggested at the last meeting that any work that J. Malloy does in relation to acquisition of property along the river be included in his list of goals for 2006.  J. Malloy drafted the goal as follows:  “To continue to monitor the cleanup of the lands along the Quinebaug River, review funding sources and if authorized, negotiate for the acquisition of lands along the river.” 

 

Regarding the complaint about odors in the McGilpin Road neighborhood, A. Wilson suggested asking DEP to investigate and report back to the Board.

 

Auctioneer’s Permit

 

MOTION:       To approve the auctioneer’s permit for Robert H. Glass Associates for the Sturbridge-Fiskdale Federated Church Auction on August 12, 2006 from 9:00 a.m. to 2:00 p.m. on the Town Common, with police detail as required by the Police Chief, by W. Emrich.

            2nd:     T. Goodwin

            Vote:  All in favor.

 

Senior Municipal Service Program

 

MOTION:       To approve the Senior Municipal Service Program application of Modestina Galati to work with the Tree Warden/Veterans’ Agent, by W. Emrich.

            2nd:     S. Halterman

            Vote:  All in favor.

 

Old Business

 

H. White asked about the status of state receipts.  J. Malloy said that using the new growth figures there is still a deficit of $125,000 - $150,000.  He said that he would provide information for the next meeting.

 

H. White asked whether the Police Chief Search Committee had met.  J. Malloy said that it is difficult to find a date and time when all of the members could be present.  There is a tentative meeting date of July 24th.  He noted that there is $1,000 in the budget to cover the cost of advertising the vacancy, and a reserve fund transfer will be necessary from the Finance Committee. 

 

H. White asked whether the Town would pay for relocation costs and transportation costs to the interview for the Police Chief candidates.  J. Malloy said that it would depend upon the circumstances, and noted that during the previous Police Chief search, there had been a candidate from Alaska. 

 

H. White noted that the OSV road will be closed for three months starting July 10th, and asked whether the hours had been extended.  J. Malloy said that the request had been made, and it will be left open until 11:00 p.m.  H. White suggested publicizing it when it will be reopened.  A.Wilson noted that the Board had decided not to own the road, but now that the Town owns the land at the end of the road, the matter should be reconsidered.  S. Halterman said that there was an issue regarding the bridge.  He asked why the date had been changed from August 1st to July 10th.  J. Malloy said that the contractors had moved quickly and were ready to start on July 10th.  He noted that with the road closed, they will be able to leave piles of rubble there while the work is going on, which will result in the job moving along much faster.

 

H. White said that regarding department head monthly reports, a department head should not be given a time on the agenda unless he has submitted his report by the Friday before the meeting. 

 

H. White apologized to J. Malloy for his comments regarding the ANR approval.  His comments were based on the Assessors records, but when he saw the engineer’s plan, he understood it.  According to the Assessors record, the frontage was listed as 110 feet; the engineer’s plan indicated 146 feet of frontage on the parcel.  Despite the change in frontage, there was no change in the area of the parcel.  He questioned the validity of the tax records.  J. Malloy commented that digitizing the tax maps will help in the future. 

 

New Business

 

W. Emrich asked about the timeframe for demolition of the buildings at the OSV property.  J. Malloy said that he would get the costs on it and will put it out to bid in a couple of weeks.  He will have an engineer determine where any asbestos is located and will have it removed. 

 

W. Emrich asked when the brainstorming session regarding OSV would be held.  J. Malloy said that it would be on the second Monday in August.  S. Halterman asked whether a memo had been received from the Community Preservation Committee regarding this committee.  J. Malloy said that he had not heard back from them or from Town Counsel.

 

T. Goodwin said that he had met with Alex McNitt, the new president of the Chamber of Commerce, who will set up a meeting with the Town Planners of Southbridge, Charlton and Sturbridge.

 

Ask the Selectmen

 

A.Wilson received a call from Velma Franz, who indicated that the sound quality of the meeting is terrible.  He reminded the Board to speak into the microphones.

 

 

Pole Hearing – Cedar Street

 

Scott Burns of Verizon appeared before the Board.  The petition was to place one new pole on the easterly side of Cedar Street at a point approximately 687 feet northerly from the centerline of Cooper Road at its intersection with Cedar Street and to remove the existing pole (#44 ˝).  S. Burns indicated that the pole will be moved two feet over. 

 

MOTION:       To approve the pole location submitted by Verizon for a jointly owned pole #44 ˝ on the easterly side of Cedar Street at a point approximately 687 feet northerly from the centerline of Cooper Road at its intersection with Cedar Street which includes removing the existing pole #44 ˝ and that this pole be placed two feet easterly of the proposed location as per the recommendation of the DPW Director, by W. Emrich.

            2nd:     S. Halterman

            Vote:  All in favor.

 

MOTION:       To close the public hearing, by S. Halterman

            2nd:     W. Emrich

            Vote:  All in favor.

 

Vijay Shah – Sewer Connection

 

Vijay Shah appeared before the Board to request a sewer connection for his motel.  He pointed out that his motel has been in existence for 40 years.  He requested that the Board reconsider the matter.

 

MOTION:       To reconsider Vijay Shah’s request for a sewer connection, by A. Wilson.

            2nd:     W. Emrich

            Vote:  All in favor.

 

H. White noted that the revised sewer impact statement submitted by Vijay Shah on July 10, 2006 is identical to the one he submitted to the Board on February 6, 2006, but the numbers differ.  He suggested that the Board take the matter under advisement and take time to review the matter. 

 

A.Wilson said that he had met with V. Shah on the site a few weeks ago, at which time they discussed the sewer moratorium, the existing conditions and the proposed conditions.  The existing sewer flow for his 11-room motel is listed at 1,100 gallons per day. 

 

A.Wilson said that the motel is currently being served by an on-site septic system, not by town sewer.  He noted that Route 131 is being redesigned, and the intersection of Shepard Hill is being redesigned.  He said that Mr. Shah would be willing to build any connection that comes up on the finalized design for his property and Route 131. 

 

J. Malloy said that initially the plan during Phase 2 was that Mr. Shah would obtain an easement, then connect through Blueberry Lane.  He informed Mr. Malloy that he was unable to obtain the easement and should not be charged for betterment.  When Phase 3 came along, Mr. Shah did not want to connect, and he has not been charged the betterment assessment that his neighbors have paid, which is why it is being considered as a new application.

 

H. White noted that Mr. Shah’s property is not listed on the reserve list.  It was the consensus of the Board to take it under advisement and discuss it again on August 7th. 

 

Sewer Issues

 

Request from Jason Lemieux – J. Malloy submitted to the Board the 6/26/06 memo from Greg Morse, DPW Director (copy on file) for an extension of a sewer connection permit that expired.

 

New Life Fellowship Church – Request for additional sewer capacity for a property on Eagle Avenue that is currently a single family home.  Dave Roberts, Jalbert Engineering, appeared before the Board, along with Pastor Kirk of the church.  D. Roberts said that they are changing the use from a residential house to a church with a house on the lot, and the sewer use will change also.  He said that they had sent a letter to J. Malloy (copy on file) regarding the design criteria.  He pointed out that the existing residence is designed for 330 gpd.  He noted that the pastor lives in the residence next to the proposed church. 

 

H. White said that it is an additional use because the house will remain and continue to be in use.  D. Roberts said that they will not be concurrent uses.  He said that the lot is non-conforming, with 75 feet of frontage, and after going before the ZBA, they will go through the Planning Board process.  He noted that the existing pump capacity is more than adequate to handle 300 gpd for the church and the residence. 

 

J. Malloy said that the existing use plus 300 gpd for the church brings it up to about 500 gpd use from that property.  He expressed concern about whether or not the grinder pump can accommodate 500 gpd.  He also raised the issue of the original betterment assessment regarding additional sewer fees.  W. Emrich said that it would be difficult to allow it, considering the capacity issue.  H. White agreed, and noted that a few weeks ago the Board had voted to extend the sewer moratorium.  A.Wilson asked whether there were any state laws relative to requiring sewerage to a religious property.  It was the consensus of the Board to continue discussion on August 7th.

 

Request from Reardon Builders – Tim Reardon appeared before the Board, and said that he had not realized that the permits had an expiration date when he pulled them.  J. Malloy noted that sewer connection permits are good for a one year period.  T. Reardon requested an extension on three remaining lots on Wallace Road.  H. White suggested getting a recommendation from Greg Morse, who was on vacation.  J. Malloy noted that in the past the Board had granted very few such requests, under extenuating circumstances.  It was the consensus of the Board that additional information is necessary, and to take it up again on August 7th. 

 

MOTION:       To convene in executive session under MGL Chapter 39, §23B, Paragraph #3:  To discuss strategy with respect to collective bargaining or litigation; and #6:  To consider the purchase, exchange, taking, lease or value of real property; not to reconvene in open session, by T. Goodwin.

            2nd:     S. Halterman

            Roll call vote:  All were in favor.

 

                                                                        Respectfully submitted,

 

                                                                        Judy Knowles

 

 

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BOS Clerk                                         Date