BOARD OF SELECTMEN

MINUTES

AUGUST 7, 2006

Present: Arnold Wilson, Chairman

Hal White

Ted Goodwin

William Emrich

Steven Halterman

James Malloy, Town Administrator

The 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 July 10, 2006 as amended, by W. Emrich.

2^nd: S. Halterman

Vote: All in favor.

MOTION: To accept the executive session minutes of July 10, 2006, to remain confidential, by H. White.

2^nd: W. Emrich

Vote: All in favor.

MOTION: To accept the minutes of July 17, 2006 as submitted, by S. Halterman.

2^nd: T. Goodwin

Vote: Three in favor; W. Emrich and H. White abstained.

MOTION: To accept the executive session minutes of July 17, 2006 as amended, to remain confidential, by S. Halterman.

2^nd: T. Goodwin

Vote: Three in favor; W. Emrich and H. White abstained.

Police Officer Appointment

Acting Chief Thomas Ford and Thomas Indge appeared before the Board.

MOTION: To confirm the Town Administrator’s appointment of Thomas Indge as a full-time police officer in the Sturbridge Police Department at a starting rate of $19.31 per hour, effective August 7, 2006, by S. Halterman.

2^nd: H. White

Vote: All in favor.

T. Ford informed the Board that he attended a police training school out of Washington, DC, and the Senior Management Institute for Police at Boston University. The instructors were from the Kennedy School at Harvard. They read cases and met with study groups, and there were Chief panels that were open to questions and offered good solutions and advice. The course was designed for future Chiefs to prep command staff. T. Ford said that he had made good network contacts, and is prepared to provide better service to the community.

Vijay Shah – Sewer Connection

Vijay Shah appeared before the Board. A.Wilson summarized the situation: V. Shah wants to build nine new homes and there is one existing sewer connection; there will be 1600 gallons of new flow per day. There was never any flow reserved for that. He noted that further flow to the property was denied.

V. Shah said that it is a 500 gpd connector, and 1300 gallon flow. He requested a sewer connection for 2 Shepard Road.

MOTION: To not grant an additional connection for 2 Shepard Road, by H. White.

2^nd: W. Emrich

Vote: All in favor.

DPW Boiler Replacement

Town Meeting voted to appropriate funds to replace the boiler at the DPW building. The Town issued an RFP for this project and received one bid from Pioneer Oil Company, which was within the appropriation.

MOTION: To award the removal and replacement of the oil-fired boiler at the DPW building to Pioneer Oil Company, Inc. for $28,500 as per their proposal dated July 24, 2006; and to execute a contract with Walsh Environmental for $4,200, by W. Emrich.

2^nd: H. White

Vote: All in favor.

Public Notice 603CMR41.00

J. Malloy submitted to the Board a notice from the Dept. of Education (copy on file) regarding proposed regulatory changes in regional school budget assessments. He has been reviewing these changes and will provide comments for the Board’s consideration in the next few weeks, should the Board wish to forward comments to the Dept. of Education.

Cooperative Road Salt Bid

MOTION: To award the road salt bid to American Rock Salt at $47.24 as per their bid and to authorize the Town Administrator to execute any agreements necessary, by H. White.

2^nd: W. Emrich

Vote: All in favor.

Town Water Supply

• Several years ago the Town began planning to purchase land off Shattuck Road for a new well site, which has yet to be permitted by MADEP. In light of the reactivation of Well #1, J. Malloy suggested that the Board review how the Town proceeds, and that this topic be discussed in September when Greg Morse, DPW Director, is on the agenda. He noted that when the Town purchased this site, there was a “paper road” that was exempted from the original purchase. It has been brought to his attention that there was an error on the deed that was recorded, as it referred to the wrong reference plan showing the paper road. Attorney Jeff Chasse is preparing a corrective deed, and Mr. Malloy reviewed this matter with Town Counsel. Town Counsel opined that given the original Town Meeting vote and the intention, that the Board can sign this deed without the need for further Town Meeting approval. The corrective deed should be prepared within the next few weeks.

Public Lands Advisory Committee

J. Malloy said that he has been reviewing an initial request from the Community Preservation Committee about the creation of a new committee that would be responsible for making recommendations regarding the 1200 acres of open space that the Town now owns. He recommended naming this committee the Sturbridge Public Lands Advisory Committee (to avoid confusion with the Open Space Committee) and their charge would be to:

• Develop management plans, including forestry plans, to provide for the best management practices and preservation of open space lands owned by the Town of Sturbridge.
• Oversee and be responsible for revenues generated through forestry and/or other operations and expenditures which will be deposited in a revolving fund established for the purpose of managing town lands.
• Trail planning, management and maintenance.
• Development of public information.
• Coordination of volunteers.

He further recommended that the Committee consist of the following members to be appointed by the Town Administrator:

(1) Member of the Conservation Commission – ConCom has the responsibility for the land.

(1) Member of the Board of Selectmen – The Board of Selectmen is the policy setting board for the Town.

(1) Member of the Open Space Committee – This will ensure that the use and management of the lands are consistent with open space planning.

(1) Member of the Historic Commission – Some of these lands have some historic significance according to the Mass. Historic Commission, and any forest management plans should take this into consideration.

(3) Members of the public – To gain a wider perspective.

J. Malloy suggested that the Board also consider placing a warrant article on the Town Meeting warrant for the next Town Meeting (Special or Annual) that would amend the Charter to include this as a permanent committee, as the Town will always own these lands. This is the basis for the appointment to be made by the Town Administrator, to be consistent with all other Board/Committee appointments.

J. Malloy had sent a memo out a few weeks ago with this proposal to various individuals. He received a response from David Barnicle, Chair of the Conservation Commission, seeking some additional specific review of the Old Sturbridge Village land. In light of D. Barnicle’s comments, J. Malloy suggested that the Board of Selectmen, Community Preservation Committee and Conservation Commission each select one member to meet as an Ad Hoc Committee with the Town Administrator and the Heritage Design Group to discuss the Old Sturbridge Village property and to initiate the process of opening the land to the public.

A.Wilson suggested keeping the Conservation Commission informed of all of the Board of Selectmen’s actions. He recommended taking short-term action (such as removal of the buildings) with an ad hoc committee, but hold action on long-term issues until September. T. Goodwin suggested that a core group of different committees should run the brainstorming session for things to be done long term. S. Halterman suggested that Bob Briere be included.

Bob Briere and former campers of Camp Robinson Crusoe appeared before the Board. He introduced them as: Larry and Margie Krakauer, John and Betsy Baker and Robert Handloff. They were aware that the buildings will be demolished. They are familiar with the trails, the terrain, etc. and would like to see these areas preserved. They offered hands-on labor to do what they can to improve the site on Memorial Day weekend 2007.

MOTION: To establish a Camp Robinson Crusoe Demolition and Removal Committee consisting of one member of the Board of Selectmen, one member of the Conservation Commission, one member of the Community Preservation Committee to work with the Town Administrator and the Heritage Design Group, by H. White.

2^nd: W. Emrich

Vote: All in favor.

Heritage Design Group

A few weeks ago, J. Malloy had provided the Board with a proposal from the Heritage Design Group (copy on file), a land use planning company that recently opened a branch in Sturbridge that has offered to provide design and engineering services related to the OSV parcel on a pro bono (free) basis. The services to be provided would include development of plans for a parking area and trail head gateway, building demolition, wetlands evaluation and site plan design. The detailed proposal was dated July 12, 2006 and was previously distributed. J. Malloy recommended that the Selectmen choose a member to work with the Conservation Commission, Community Preservation Committee, the Heritage Design Group and himself in order to get the OSV parcel addressed so that it can be opened to the public.

MOTION: To authorize the Town Administrator to accept the proposal from Heritage Design Group for the pro bono design services related to the Old Sturbridge Village property, by S. Halterman.

2^nd: H. White

Vote: All in favor.

S. Halterman volunteered to represent the Board of Selectmen. H. White suggested that J. Malloy contact Eco Tech and express appreciation for their offer to assist.

Sewer Connection Permit Extension Requests

J. Malloy submitted to the Board the response from Greg Morse, DPW Director (copy on file), regarding the requests from Reardon Builders and Jason Lemieux seeking extensions to the expiration of sewer connection permits.

Tim Reardon appeared before the Board. He had applied for, paid for and received six sewer permits for six lots on Wallace Road. Three of the lots are connected, but the remaining three lots were delayed due to changes in the market. He requested an extension of the permits on the three remaining lots instead of applying for abatements. He said that 18 Wallace Road is scheduled to close on August 11^th, 20 Wallace Road is half completed, and the work on 10 Wallace Road has not started.

MOTION: That the Board approve the following: That there be no connection fee for 18 Wallace Road; a connection fee of $200 for 20 Wallace Road; and a fee of $1200 for 10 Wallace Road; all permits to expire within six months, by A. Wilson.

2^nd: T. Goodwin

Vote: All in favor.

Regarding the request from Jason Lemieux, the DPW had issued a sewer permit for 12 Ridge Hill Road on 12/ 28/04 to Mr. Lemieux and he paid the $1200 sewer connection fee at that time, but the permit has since expired. According to Greg Morse, DPW Director, the circumstances that led to the delay were not within the control of Mr. Lemieux, and the process had been held up due to zoning and conservation issues. W. Emrich said that Mr. Lemieux had worked with G. Morse on this issue, and there wasn’t much that he could do. He felt that it was a true hardship.

It was the consensus of the Board to obtain further information before making a decision.

Bylaw Request

J. Malloy submitted to the Board a letter from a resident regarding a noise complaint about Cassella Rubbish Removal (copy on file), but since the Town has no noise bylaws, it has very little enforcement capabilities. He offered to provide draft noise bylaws and/or nuisance bylaws for the Board’s consideration to include in any upcoming Town Meetings. These would be General Bylaws.

J. Malloy discovered that Cassella Rubbish Removal is not licensed to remove rubbish in Sturbridge. The Board of Health will deal with the situation within their regulations.

NPDES Permit

J. Malloy submitted to the Board the draft NPDES (National Pollution Discharge Elimination) Permit for the Wastewater Treatment Plant (copy on file). He noted that there are some new, more stringent requirements that will have an effect on operating costs, including: new flow reporting requirements, new BOD reporting requirements, new Fecal Coliform testing requirements, new phosphorous requirements (was seasonal, is now year-round and more stringent), and new effluent toxicity requirements. He noted that Veolia Water North American, plant operator, and Tighe & Bond are both reviewing the draft permit and will provide comments.

A.Wilson suggested having Tighe & Bond meet with the Board in October.

Miscellaneous

• New Life Fellowship Church has withdrawn their request for a sewer connection for the proposed church.
• J. Malloy had sent an email to the Board (copy on file) indicating that the Community Calendar channel is back on the air and information regarding other improvements recently made to the recording studio, which will now include video broadcasts of public meetings on the Town’s website. The Selectmen’s meeting on 8/7 will be the test meeting that will be posted on 8/8.
• Regarding the proposed summit meeting at the Town of Holland to discuss the rising costs of education in the Tantasqua School District, they asked the Board to provide preferred date(s). It was the consensus of the Board that Sept. 7^th was the best date, with an alternate date of Sept. 21^st.

Fire Department Grant

MOTION: To approve the use of an additional $818.15 from the Town Administrator’s Matching Grant Account #11232-58000 for the Fire Department’s DCR Grant, by W. Emrich.

2^nd: T. Goodwin

Vote: All in favor.

Old Business

H. White asked about the status of the Rt. 131 reconstruction. J. Malloy said that the plans were on his conference table for the Board’s review. He said that Greg Morse has a copy and is reviewing it.

H. White asked about the status of the Fire Dept. staffing analysis. J. Malloy said that the additional hours were not budgeted, and the broader issues have not been addressed regarding time availability of different firefighters.

S. Halterman asked about the background on EMT status. J. Malloy said that he would look into it.

T. Goodwin suggested setting up an earlier agenda for the September work session. H. White suggested identifying the parcels that the Town owns, their sizes and how they relate to each other. J. Malloy suggested that the Board submit a list of people that should be invited to Judy Knowles. H. White said that recreation fields will take a lot of time, and asked whether they should be discussed on a different night. J. Malloy said that there needs to be an initial discussion, then a longer discussion afterward. He noted that some of the fields are not regulation size fields. A.Wilson suggested getting a briefing from Lynne Girouard, Recreation Coordinator, at the Selectmen’s meeting on September 5^th.

A.Wilson asked whether there had been any response from Mass. Highway regarding curb cuts. J. Malloy said that Barry Lorian of Mass. Highway said that they will notify the Town of all future curb cut applications.

A.Wilson asked for a representative to the School Finance Committee. T. Goodwin offered to serve; S. Halterman will serve as backup.

New Business

A.Wilson announced that August 8^th is the grand opening of Union Station Bus Terminal at 11:00 a.m., and that everyone is invited.

A.Wilson said that he had received a call from a Sturbridge Hills resident complaining about a strong smell at the condos by the tennis courts.

A.Wilson noted that there was a lengthy power outage by the overpass on the Mass. Turnpike, by Arnold Road that was causing concern.

Ask the Selectmen

S. Halterman received a call from Mary Ann Gallo regarding a letter that had been submitted to the Board regarding the issue on Podunk Road. Some of the abutters had submitted a petition indicating that the horse farm was not a problem.

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

2^nd: H. White

Roll call vote: All were in favor.

Respectfully submitted,

Judy Knowles

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BOS Clerk Date