BOARD OF SELECTMEN

MINUTES

JANUARY 2, 2007

Present:          Arnold Wilson, Chairman

Hal White

Ted Goodwin

William Emrich

James Malloy, Town Administrator

The Chairman called the meeting to order at 6:30 p.m. following the Pledge of Allegiance.

The Chairman asked for a moment of silence to remember former President Gerald Ford.

Jeff Bonja

Jeff Bonja, 14 Meadow View Lane, said that he had some policy questions for clarification, and asked whether the Board condoned selective blocking of emails from residents by the Town Administrator.  He noted that emails are encouraged on the Town’s website.  A.Wilson said that there was no policy regarding emails.  T. Goodwin asked for more details, and asked whether it was harming the agencies of Town Hall.  J. Bonja said that it was not a spam attack.  He said that he had sent emails to the Town Administrator which were blocked, and asked whether that was appropriate.

J. Malloy said that it is an administrative matter.  He said that sending emails and having them accepted is a privilege; if it is abused, it is taken away.  J. Bonja said that he would like to officially request that he not be blocked from sending emails to the Town Administrator.  T. Goodwin said that it might be something that the Board can’t set a policy on.

J. Bonja asked whether there was a “black list” where he is considered a persona non grata regarding being appointed to a board.  The Selectmen said that they were not aware of such a list.  J. Bonja said that he had sent four applications to the Town Administrator, expressing interest in serving on the Personnel Committee, the Burgess Building Committee, the Police Chief Search Committee and the Citizen Leadership Academy, and he was not appointed to any of them.  He said that before he had personal issues with J. Malloy, he was the Building Inspector and had served on the Zoning Board of Appeals.  He said that he would like to be involved in Town government, and would like to make amends.

J. Malloy said that he appoints the best qualified individuals to boards and committees, and there is no “black list.”  J. Bonja requested assurance that the Board will police that type of situation, as to whether “the best” is being applied fairly.

Dan Flynn – 40B Application for Fiske Hill Commons

Dan Flynn and Mike Loin of Bertin Engineering appeared before the Board.  A.Wilson said that it was his understanding that Mass. Housing has asked the Board to comment on the 40B application for 30 Main Street, Fiske Hill Commons.  He noted that the Board had received comments from Jean Bubon, Town Planner, Greg Morse, DPW Director, and Kelly Kippenberger, Conservation Agent, and Police Chief Tom Ford (copies on file).  He said that the Board has not received comments from the Building Inspector or the Fire Chief, and the ZBA Chairman was asked to comment and has declined, since the ZBA has not yet heard the case.  The deadline for comments is January 10, 2007.

A.Wilson said that in February 2005 M. Loin and D. Flynn had come before the Board saying that the housing part of the total development was on hold and they had applied for the commercial portion for water and sewer, which was granted for 20,000 gallons.  He asked about the status of the whole package.

D. Flynn gave an overview of the project.  He said that they propose to build townhouse style condominiums, 1200 sq. ft. units with two bedrooms and one car garage, and a community center.  They filed for a comprehensive permit from Mass. Housing.  This project previously came before the Board in February 2005 as a mixed use development, and the water and sewer for the residential portion was denied, although the commercial was granted.  They had to look elsewhere for water and sewer, so they secured water and sewer from the Town of Southbridge.  A.Wilson asked whether it required an intermunicipal agreement.  J. Malloy said that he would follow up on it.

M. Loin said that there will be a double barrel main entrance off Route 131, turning into a driveway; the roadway will split, then come together.  He said that there will be a central loop with a cul de sac off each one.  He noted that the buffer zones of the wetlands will be protected at the site, and there will be 100 foot buffer zones around the wetland areas to minimize impact on the wetland.  They will go over it with the Conservation Commission.  They will put a pump station at the lower section of the site and pump back to the Southbridge line.  He said that the units will be styled similarly to Sturbridge Hills.

J. Malloy noted that a residential development cannot be accessed through a commercial zone, if the residential use is not allowed in a commercial zone.  He said that they could request a waiver through the Zoning Board of Appeals.  He asked whether they had done a market study.  D. Flynn said that there was a market analysis done on the units.

J. Malloy asked whether fire protection would be provided by the Town of Southbridge.  M. Loin said that there will be a meter from Southbridge, and usage would come through that meter.  He said that the water system will be designed with the necessary booster pumps and capacity tank, and they will make sure that the fire protection is adequate.  They have signed an agreement with the Town of Southbridge for water and sewer.  J. Malloy requested a copy of the agreement.  A.Wilson asked whether the project would be built in phases.  D. Flynn said that it would, over a five-year period.  W. Emrich asked whether there would be passive recreation facilities.  M. Loin said that they will be incorporated into the design; there will be scenic walking trails along the wetland areas for passive recreation.  H. White noted that they had come before the Board on February 7, 2005.  T. Goodwin said that without feedback from the Conservation Commission and the Planning Board, it would be difficult for the Board of Selectmen to make a decision on the project.  J. Malloy said that he would put together a compilation of comments to submit to Mass Housing, with a copy to D. Flynn.

Approval of Minutes

MOTION:       To accept the executive session minutes of September 5, 2006 as submitted, to remain confidential, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To accept the executive session minutes of October 2, 2006 as submitted, to remain confidential, by W. Emrich.

2nd:     T. Goodwin

Vote:  Three in favor; H. White abstained.

MOTION:       To accept the minutes of December 18, 2006 as amended, by W. Emrich.

2nd:     H. White

Vote:  All in favor.

MOTION:       To accept the executive session minutes of December 18, 2006 as submitted, to remain confidential, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Brook Hill Road

J. Malloy submitted to the Board the necessary documents to be filed at the Registry to finalize the acceptance of Brook Hill Road as a public way (copy on file).

MOTION:       To authorize the Board to execute the acceptance of the deed for Brook Hill Road, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Litigation Status Report

J. Malloy submitted to the Board the litigation status report from Joel Bard at Kopelman & Paige (copy on file).  In addition to the report, he included a spreadsheet on FY07 spending (copy on file) and the following additional information on cases being handled through the Town’s insurer, MIIA:

Daskowski – School bus driver rear ended his vehicle; MIIA has paid for the damage to the vehicle and is holding an amount in reserve for any further damage claims.

Gran – Mr. Gran filed a claim that runoff from Lake Road has damaged his property.

LaFleche – The claimant was killed driving through the water department when wind blew a pole gate open.

J. Malloy noted that most of the cases have been resolved, and all but one were resolved in the Town’s favor.

Old Business

H. White asked about the status of the Route 131 public hearing.  J. Malloy said that he is waiting to hear from the Historic Commission.

H. White asked about the status of the demolition of the buildings on the Old Sturbridge Village parcel that was purchased by the Town.  J. Malloy said that Eagle Environmental went out to do an assessment on hazardous materials before demolition.  J. Malloy said that he had walked the site with the engineers and wetlands specialists from Heritage Design Group and Eco Tech.  After the hazardous materials have been removed, the buildings will be removed, probably in early spring.  W. Emrich noted that Bob Briere and the Camp Robinson Crusoe alumni would like the opportunity to retrieve some souvenirs from the former Camp before demolition of the buildings.

W. Emrich said that he had received a call from a resident who complained that the Senior Center was closed on the day that a cribbage group was to meet because Barbara Search and her staff were unable to be there.  He asked about the liability issue at the Senior Center.  J. Malloy said that he had informed Barbara Search that she does not have any personal liability in such a situation.  He noted that in the past there has been damage done to the building, and the basement had been flooded at one point.  There is an issue of whether someone could be held responsible.  If someone is willing to be responsible, keys could be distributed.  He recommended that the building be closed when staff is not present.

W. Emrich asked whether Paul Hogan will attend the work session on January 8th.  J. Malloy said that he will be there.

T. Goodwin asked about the status of the sign issue.  J. Malloy said that he had told Reverend Jackson that they could put the sign out, and has scheduled a meeting with him.  A.Wilson asked whether J. Malloy had a map of the Town Hall and church land, and a deed of the back area land.  J. Malloy said that there is a good map of the Town Common from the 1800s in one of the Town Meeting books in the Town Clerk’s office.  He noted that the property line went through the back of the house next to Town Hall, which was later resolved.  A.Wilson suggested that J. Malloy discuss the matter with Town Counsel.  H. White suggested that J. Malloy let the church know that the Board is working on it.

A.Wilson asked about the status of the Route 20 paperwork.  J. Malloy said that it has been FAXed to Bill Coyle to have him provide a quote.

A.Wilson reminded the Board to review goals and objectives for the Town Administrator for next year.

A.Wilson said that the Board was not completely comfortable signing the used car licenses because the businesses should be checked for their compliance with the Board’s conditions.

A.Wilson said that the Board needs to consider the merit incentive for the Town Administrator.

A.Wilson said that there is a good building which could be used as a temporary Town Hall during the renovation, which is the office building next to Southbridge Sheet Metal.  He suggested the Board consider leasing that building in anticipation of approval from the town at the next Town Meeting, and that the Board also consider selling some of the Town’s assets.

New Business

H. White asked if there is a restriction on the size of signs, and noted that there is a large sign in front of Hearthstone Inn.  J. Malloy said that he would look into it.

Ask the Selectmen

There were no calls.

MOTION:       To convene in executive session under MGL Chapter 39, §23B, Paragraph #3:  To discuss strategy with respect to collective bargaining or litigation; not to reconvene in open session, by T. Goodwin.

2nd:     W. Emrich

Roll call vote:  All were in favor.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date