BOARD OF SELECTMEN

MINUTES

JANUARY 16, 2007

Present:          Arnold Wilson, Chairman

Hal White

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 accept the minutes of January 2, 2007 as amended, by W. Emrich.

2nd:     H. White

Vote:  Three in favor; S. Halterman abstained.

MOTION:       To accept the executive session minutes of January 2, 2007, to remain confidential, by W. Emrich.

2nd:     H. White

MOTION:       To accept the executive session minutes of January 8, 2007, to remain confidential, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Westwood Drive/Woodside Circle Sewer Contract Amendment

MOTION:       To approve the contract amendment of $39,000 between the Town and Tighe and Bond for adding Westwood Drive to the Woodside Circle sewer project and to authorize the Town Administrator to execute the amendment, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Think Car

MOTION:       To authorize the Town Administrator to transfer ownership of the 2002 Ford Think Car VIN #1FABP205520104231 to the Tantasqua Regional School District, by W. Emrich.

2nd:     H. White

Vote:  All in favor.

Sturbridge Federated Church Sign

J. Malloy discussed the situation with Rev. Jackson, and the only option if a single town-owned sign is not going to be constructed, is for the church to purchase a parcel of land from the Town to place their sign.  Rev. Jackson indicated that he thought it would need to be a 4’ X 6’ parcel of land.  The parcel must be identified and surveyed with a legal description, and Town Meeting would need to authorize the sale of the property.

J. Malloy said that he did not think that it would need to go out to bid, since the value would be less than $25,000.  The church would just remove the sign that they currently have, and put up another one closer to the street.  H. White asked about the issue of the property lines.  J. Malloy said that the Town is close to reaching a resolution on the sign issue.  He noted that the parking lot behind Town Hall belongs to the church.  He said that he has not heard back from Town Counsel regarding the quid pro quo agreement.  A.Wilson requested maps for the Board to review to get a better sense of the property.  J. Malloy suggested that the Board overlay aerial photographs over the maps to see where property lines exist.

DPW Crew Leader

MOTION:       To confirm the Town Administrator’s appointment of Brian Curboy as a Crew Leader in the DPW, effective January 17, 2007, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Miscellaneous

J. Malloy apologized to Virginia Stallone because her name did not appear on the cover of the budget document.

J. Malloy said that at the MMA Conference, the Town received an award for the best effort and growth in MIIA wellness programs.  There is now an average attendance of 15 people at the wellness programs in Sturbridge.  J. Malloy noted that the Town has seen lower health insurance as a result of this.

J. Malloy said that at the MMA Conference, Governor Deval Patrick informed the attendees of his current thinking, but was not very specific.  He noted that there will be minimal increases in state aid this year.  The legislative agenda was approved.  Governor Patrick said that he was supportive of the idea of a local option meals tax as an additional revenue source.  A.Wilson noted that there was an article in the Boston Globe regarding Governor Patrick’s consideration of gambling legislation.  J. Malloy said that Governor Patrick is considering expanding gaming as a possible revenue source.  A.Wilson suggested sending a letter to the Governor and the Attorney General and other legislators, and noted that the Board had not received a response to the previous letters that were sent regarding gaming.

J. Malloy informed the Board that he was the moderator for a session at the MMA Annual Business Meeting regarding wireless w1-fi in communities.

Charles Blanchard addressed the Board, noting that there was a plot plan showing that the land between the church and the Town was diagonally split, and half of the parking lot behind Town Hall is owned by the church, and the other half is owned by the Town.  J. Malloy said that the tax maps indicate otherwise.  A.Wilson said that more research needs to be done.

Old Business

S. Halterman asked about the litigation status report.  J. Malloy said that he would see that he received a copy.

J. Malloy informed the Board that in the January 5, 2007 letter from Virtual Town Hall, their statistics indicate that Sturbridge is in the top 10 regarding use of the town website.

S. Halterman asked about the status of the issues raised by the Camp Robinson Crusoe ad hoc committee.  J. Malloy said that he had contacted CME Associates to find out the status of the report, since he wants to get an RFP out quickly.  He received the environmental report from Eagle Environmental Inc.

H. White asked about the status of the Old Sturbridge Village road hours.  J. Malloy said that he would look into it.

H. White asked about the status of the report from the Historic Commission regarding Route 131.  J. Malloy said that the Mass. Highway Dept. has the report, and a public hearing will be scheduled.  H. White said that in 2006 the project was considered a priority, and suggested contacting a state representative to look into it.  J. Malloy said that Mass. Highway has held off holding a public hearing on the matter, and agreed to contact Senator Brewer or Rep. Todd Smola.

H. White asked about the status of a court date for Forge Landscaping.  J. Malloy said that he would check on it, and confirm it with Harold Nichols, Building Inspector.

H. White asked about the possible sale of the old fire station.  J. Malloy said that he has a copy of the lease signed by Terry Gordon, Mass Motion Dance Studio.  She is interested in discussing the possibility with the Town.  He noted that there is nothing to prohibit the Town from selling the property.

H. White said that there have been complaints about the quality of the audio during meetings, and suggested getting a quote on the cost of obtaining better microphones.  J. Malloy said that the Town receives an annual grant from Charter Communications.  A.Wilson suggested moving the microphones closer, and speaking directly into them.  W. Emrich expressed the importance of people from the audience stepping up to speak into the microphone when giving their comments to the Board.

A.Wilson asked about the status of the quote from Bill Coyle regarding Route 20.  J. Malloy said that he has not received the quote yet, and will contact Bill Coyle to follow up.

A.Wilson asked the Board for goals and objectives for the Town Administrator.  H. White suggested adding time lines and deadlines for completion of goals.

New Business

S. Halterman said that there was a list of topics to be considered if the flow is increased at the wastewater treatment plant, and suggested sending a letter to the EPA asking them for guidelines as to what should be considered.  He suggested sending official correspondence to Dave Pinkham.  J. Malloy said that he would follow up with Tighe & Bond to see what communications they have had with the EPA.  A.Wilson suggested that S. Halterman give the list of topics to J. Malloy so that he can send it to Tighe & Bond.

H. White noted that Spaho Corp. had sent a letter to the Conservation Commission regarding a donation of land on Farquhar Road, and asked about the status of that.  J. Malloy said that it was in the works.

A.Wilson said that it was the consensus of the Board to create a policy regarding municipal employees’ acceptance of emails and other correspondence.  He read the policy:  “In the event that incoming correspondence is offensive, it should be brought to the attention of the Town Administrator and Board of Selectmen to be evaluated, then appropriate action will be taken.  No formal policy is necessary at this time.”

A.Wilson announced that the Town of Dudley has invited the Board to attend their 275th Birthday Party to celebrate the incorporation of the Town in 1732.  The event is scheduled for Saturday, February 3, 2007 at 1:00 p.m. at the Municipal Complex on West Main Street.

Mary Blanchard asked whether the policy stated by A. Wilson regarding incoming correspondence had been a Board decision.  A.Wilson explained that it was the consensus of the Board, and had been discussed at a meeting and on the phone; not by email.  M. Blanchard said that a consensus should be derived at in open discussion at an open meeting.

Ask the Selectmen

S. Halterman received a call regarding the Open Meeting Law, and the caller said that to call the statement read by A.Wilson a “consensus” it should have been voted on in an open meeting.

A.Wilson said that the Board had discussed it a few times, and considered it a consensus without a vote.  H. White said that he was happy with the statement that A.Wilson had read.  W. Emrich indicated his approval of it.  S. Halterman said that the Board had discussed it of a few weeks.  M. Blanchard said that discussion has to be in a open meeting and a decision must be done in an open meeting, not by email or over the phone.  A.Wilson suggested leaving it out of the minutes and striking it from the record.

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

2nd:     W. Emrich

Roll call vote:  All in favor.

Respectfully submitted,

Judy Knowles

_______________________________

BOS Clerk                             Date