BOARD OF SELECTMEN

MINUTES

FEBRUARY 5, 2007

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 accept the minutes of January 16, 2007 as amended, by H. White.

2nd:     S. Halterman

Vote:  Four in favor; T. Goodwin abstained.

MOTION:       To accept the executive session minutes of January 16, 2007, to remain confidential, by H. White.

2nd:     W. Emrich

MOTION:       To accept the minutes of January 22, 2007 as amended, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Appointments/Resignation

H. White said that the Board has a policy that the Town Administrator should provide information to the Board before the Board makes appointments, and said that the Board did not receive the information prior to the meeting in this case.  He did not think that the Board should take an uninformed action.

MOTION:       To take no action on any of the appointments based on lack of information, by H. White.

2nd:     W. Emrich

J. Malloy noted that all of the candidates have been employees in good standing for 12 to 25 years.  He said that the Board could hold off appointing them, but in the interim the shifts must be filled at the overtime rate.  He suggested that the Board take a five minute recess to review the pages.  The Board took a five minute recess.

H. White asked whether interviews had been conducted.  He asked whether the applicants had three years experience prior to applying.  He noted that one of the candidates is being promoted from private to Captain, and there is a lieutenant position open.  W. Emrich said that he knew two of the three candidates very well, but did not know the third.  He suggested that the Board review the matter more closely.

Vote:  Three in favor; A. Wilson and T. Goodwin opposed.

The motion carried.

H. White suggested that the February 12th work session be posted as a regular meeting, and the Board could vote on it then.  He said that he would like to talk to Chief Senecal about the process.  He asked whether interviews had been conducted.  Chief Senecal said that interviews were unnecessary because he has known the candidates for years, and felt that he has done the right thing in recommending the promotions.

H. White asked whether there was a process for pre-employment physicals.  Chief Senecal said that there was, but the candidates were already employed by the Fire Department.  H. White said that there should be a physical agility test.  Chief Senecal said that there is no local testing procedure in place for that.  H. White asked whether performance assessments have been done on these individuals while they were firefighters, and if it is a usual process to skip rank.  Chief Senecal said that since this situation has never come up before, there is no process for it.  It was the consensus of the Board to consider the appointments at the next meeting on February 12th.

Resignation

MOTION:       To accept the resignation of Derek Hirons as a part-time firefighter, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Board of Assessors Appointment

Tom Chamberland and Marita Tasse of the Board of Assessors appeared before the Board.  John Lafleche was unable to be present due to a conflict.  J. Malloy informed the Board that John Lafleche served as the Finance Director for the Town of Southbridge for many years, and has worked as the Business Manager for Southern Worcester County Regional Vocational School District (Bay Path) and as Treasurer for the Tantasqua Regional School District.

MOTION:       To appoint John Lafleche to the open position on the Board of Assessors, by H. White.

2nd:     W. Emrich

Vote:  Unanimous vote by the Board of Selectmen, Tom Chamberland and Marita Tasse.

Ballot Questions

The Board is required to provide any ballot questions to the Town Clerk no later than 35 days before the Annual Election on April 9th.

H. White said that the Board has discussed the Town Hall renovation for two years, with correspondence from the Town Administrator regarding renovation of the Town Hall and Center School building.  He felt that the sudden suggestion of a new Town Hall, which has not been discussed by the Board, is a disservice to the community.  J. Malloy said that after Town Meeting had voted to renovate the buildings, it failed at the debt exclusion vote.  There had been concern that no CPA funds were included in the renovation plans, and people were concerned about putting a lot of money into two old buildings, so a lot of people voted against it.  J. Malloy expressed concern about the condition of Town Hall; something must be done now, and it can’t continue to wait.  He said that it is important to give voters the option of renovating Town Hall and the Center School building, or to build a new Town Hall.  He noted that the Board has two weeks to vote on it and send it to the Town Clerk.  The Town Hall/Center School Building Study Committee met last week, which prompted J. Malloy to bring the matter forward.  It was the consensus of the Board to hold action until February 12, 2007.

Mass Historic Commission Grant

MOTION:       To authorize the Town Administrator to execute all contracts, oversee and report on procurement, enter into contracts for project work, prepare progress and completion reports, arrange for grant funding acknowledgement including the project sign, administer and disburse funds for this project and sign the preservation restriction in connection with the 2007 Preservation Projects Grant program, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Appointment

MOTION:       To confirm the Town Administrator’s appointment of David Aho to the Regional Trail Committee, by W. Emrich.

2nd:     A. Wilson

Vote:  All in favor.

JLT Foundation 5K

MOTION:       To approve the JLT Foundation 5K race to be held on May 19, 2007 starting at 10:30 a.m. at the Hyland Orchard and Brewery as described in the January 22, 2007 letter from Steve and Peg Hall, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Live Entertainment License

MOTION:       To approve the live entertainment license for Bin 479 Wine Bar and Restaurant for live jazz for hours/days as per the license application, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Miscellaneous

Exemption to on-street parking – The Traffic Safety Committee asked for an update on whether the Board would reconsider its vote on allowing parking on the street on the north side of Chamberlain Avenue, and indicated that there is parking available behind the structures.  J. Malloy recommended that the Building Inspector review the properties and parking that is available on site, and report back with his recommendation as to whether there is sufficient parking available off street.

A.Wilson suggested putting it on the agenda for the meeting of February 20th.  H. White suggested asking the Police Chief, Fire Chief and DPW Director for their recommendations.

Route 131 Reconstruction Project – The Board had requested information on the status of this project.  J. Malloy spoke to Peter Donahue and received a Project Briefing from Mass Highway Dept.  The only issue holding up the public hearing is that MHD is requiring that Parsons submit a Design Exception Report.  Since this is a reconstruction project, it was not anticipated that MHD would require this report.  Parsons has indicated that they will submit this report by mid-February so that MHD can schedule the public hearing.

8 Brookfield Road Lease – The Board had requested information as to whether there was any restriction on the Town selling this property during the current lease.  The lease has a clause on Default by the Landlord, which would cover the sale of the building.  This clause provides a 30-day notification, which would not be sufficient if the current lessee was not the high bidder, and that more time would need to be provided.  J. Malloy suggested that the Board consider the investment made by the current lessee in the building.  The lease is a five year lease which expires in 2009, with options to renew.  H. White suggested getting an appraisal to find out the value of the building.  A.Wilson said that he opposed the sale, and asked about money set aside for building repairs.  J. Malloy said that there will be a Special Town Meeting article for that, and made a note to include a warrant article for an appraisal.

The Board had asked for an update on the proposed changes to 603 CMR 41; J. Malloy said that the Board of Education voted to approve the changes on January 23, 2007 as modified during the comment period.

Town Administrator Goals – At the last meeting, J. Malloy was asked to provide completion dates for specific items (copy on file).  He commented that keeping to the completion dates would be difficult, as things often happen that are beyond his control.  He said that last year DEP had an issue with the Recycling Center, so the Operations & Maintenance Manual had to be rewritten in house, which took weeks out of his schedule, and other things had to wait in the meantime.  He requested that there be some flexibility in the completion dates.  H. White suggested a completion date of December 31, 2008 for #9, improvements to Route 20 as proposed by the Route 20 Study Committee.

J. Malloy submitted to the Board a proclamation for Ed Bourassa in recognition of his years of service to the Town (copy on file).

H. White said that regarding the Fire Department appointments, he suggested that the Board look at the process that the Police Department uses and hold it up as a bench mark.

Old Business

S. Halterman suggested contacting the EPA on the possible expansion, and contacting Tighe & Bond before taking any action.  J. Malloy said that he had discussed it with Ian Catlow, and he will draft a letter containing the issues.

H. White asked for an update on the Burgess enrollment.  J. Malloy said that the School Building Committee had given him numbers earlier this year.

H. White asked whether there has been a meeting scheduled regarding Camp Robinson Crusoe.  J. Malloy said that a meeting has been scheduled for the Public Lands Advisory Committee for March 15th with the Conservation Commission.  He said that CME is working on an RFP for the removal of the buildings, which should be out within two weeks.

W. Emrich asked whether the Route 20 Study Committee had done a written report.  J. Malloy said that there is a report with a design layout.

W. Emrich volunteered to present the proclamation to Ed Bourassa.

T. Goodwin announced that the Heritage Landscape Inventory Meeting will be held on Wednesday, February 7th at 6:30 p.m. at Sturbridge Town Hall, with consultants from the Dept. of Conservation and Recreation and the Quinebaug Shetucket Heritage Corridor.

T. Goodwin said that he had received a question regarding the Senior Center and asked about the status of coverage.  J. Malloy said that they will try to ensure that there is sufficient coverage at the Senior Center, so that it can remain open for the number of hours necessary.  He will clarify to Barbara Search that there is no personal liability.

A.Wilson asked about the due date for bids for operating the wastewater treatment plant.  J. Malloy said that the bids are due around the first of March.

A.Wilson reminded the Board to come to Town Hall to sign the warrants every Monday.

New Business

S. Halterman asked what dates the Board will be meeting in February.  A.Wilson noted that he and T. Goodwin will not be in attendance at the Feb. 12th meeting.  H. White suggested that the Board meet on the 20th and 26th and not on Feb. 12th.  A.Wilson pointed out that the Fire Department appointments must be made as soon as possible, and that should be done on Feb. 12th.  It was the consensus of the Board to postpone voting on the warrant articles until Feb. 26th; and to meet in regular session on Feb. 12th, 20th and 26th.

S. Halterman said that Bob Levite and Cindy Delpapa had talked about the value of holding a workshop to discuss wastewater management options, and they want to have an initial consultation next week.

H. White noted that the Board signs warrants every week, and asked whether Barbara Barry could do an “exception report” for the items that are not routine.

T. Goodwin suggested putting the Master Plan on the Town’s website, making it available as a pdf document.

A.Wilson said that he had received a call indicating that the Board may have the opportunity to meet with a member of Governor Patrick’s staff in Boston.  T. Goodwin and S. Halterman agreed to attend the meeting.  A.Wilson requested the casino file.

A.Wilson requested input from J. Malloy relative to internship for a student at Tantasqua, who would like to sit in on Board meetings to learn about local government.  J. Malloy said that the idea came from the Community Service Learning Program, which has been active for eight years.  J. Malloy and the Board agreed that it would be a good learning experience for the student.

A.Wilson said that the Massachusetts Motorcycle Association would like to post safety awareness signs.

A.Wilson said that he had received a call that Tantasqua is looking into getting bids for custodial work.

A.Wilson said that he had written a statement relative to the consensus of the Board regarding communications.  He thought that the Board did not need to have a formal policy.  He received a letter dated January 24, 2007 from Patricia Smith, Assistant District Attorney informing him that the District Attorney’s Office had received a complaint alleging that the Sturbridge Board of Selectmen had violated the Open Meeting Law by privately participating in “a series of meetings, and/or discussions” which resulted in a consensus regarding the use of emails by Town employees.  On January 29, 2007 A. Wilson wrote back to Attorney Smith (copy on file) including the statement he had read at the January 16th meeting (copy on file) and the minutes of the January 2nd and 16th meetings (copies on file).  In the letter he explained that he was simply summarizing the apparently unanimous opinion of the Board.  A.Wilson has not yet received a reply from the District Attorney.

H. White said that he agreed with A.Wilson’s memory of the matter.  He noted that every member of the Board had received an email from Jeffrey Bonja, and they had agreed to a statement made by A.Wilson that there should not be blocking of emails.  A town employee has the obligation to accept all forms of communication and should not censor any communication.  If the communication has reached a level of harassment, any town employee has the right to give it to the Town Administrator and have it addressed by the Board of Selectmen.  W. Emrich agreed.  He said that the reply to the District Attorney was well written and told the story accurately.  T. Goodwin said that that was how he remembered it also.  S. Halterman was not present at that meeting.

Mary Blanchard, 26 Farquhar Road, expressed appreciation of the discussion of the matter.  She noted that the minutes of the January 16th meeting did not contain her complete statements.  She said that she was not the person who filed the written complaint to the District Attorney’s office.

Correspondence

J. Malloy said that he received a petition for a warrant article to accept Lauren Lane as a public way.  H. White suggested getting the signatures confirmed, and to refer it to Greg Morse, DPW Director.

MOTION:       To add the petition regarding acceptance of Lauren Lane to the Annual Town Meeting warrant, by A. Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Ask the Selectmen

H. White received a call from a resident who asked about the Building Committee that J. Malloy had referred to.  Carl Peabody called and said that he would like to option of voting regarding the new Town Hall or renovation matter.

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; to reconvene in open session, by T. Goodwin.

2nd:     H. White

Roll call vote:          All in favor.

The Board reconvened in open session at 9:25 p.m.

Annual Town Meeting Warrant

MOTION:       To close the Annual Town Meeting warrant, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Article #1 – Town Reports

MOTION:       To place and support Article #1, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #2 – Community Preservation Committee Report

MOTION:       To place and support Article #2, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #3 – Utilization of Free Cash

MOTION:       To place and support Article #3, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #4 – Town Budget

MOTION:       To place and support Article #4, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #5 – Water Department

MOTION:       To place Article #5 on the warrant, by S. Halterman.

2nd:     H. White

Vote:  All in favor.

Article #6 – Sewer Department

MOTION:       To place Article #6 on the warrant, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Article #7 – Sewer Project Debt

MOTION:       To place and support Article #7, by W. Emrich.

2nd:     H. White

Vote:  All in favor.

Article #8 – Community Preservation Debt Service

MOTION:       To place and support Article #8, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #9 – Town Hall & Center School Renovation

MOTION:       To place and support Article #9, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #10 – Town Hall Construction – New Town Hall

H. White did not think it was correct to present two different plans for the residents to decide upon.  It was the consensus of the Board that further discussion was necessary.

MOTION:       To hold Article #10 for further discussion, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #11 – Town Hall Repairs

MOTION:       To place and support Article #11, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #12 – Stormwater Bylaw

A.Wilson noted that a public hearing was necessary.

MOTION:       To hold action on Article #12, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Article #13 – General Bylaws – Right to Farm

A.Wilson noted that a public hearing was necessary.

MOTION:       To hold action on Article #13, by H. White.

2nd:     W. Emrich

It was the consensus of the Board.

Article #14 – Agricultural Commission

MOTION:       To hold action on Article #14, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #15 – Demolition Delay Bylaw

H. White suggested that Town Counsel review this.

MOTION:       To hold action on Article #15, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #16 – Brownfields Redevelopment Bylaw

S. Halterman said that more information was necessary.

MOTION:       To hold action on Article #16, by H. White.

2nd:     S. Halterman

It was the consensus of the Board.

Article #17 – Acceptance of MGL Ch. 59, §59A

MOTION:       To hold action on Article #17, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Article #18 – Zoning Bylaws – Definition of Frontage

MOTION:       To place and support Article #18, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #19 – Zoning Bylaw Amendment – Sign Bylaw

MOTION:       To place and support Article #19, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #20 – Zoning Bylaw Amendment – Real Estate Signs

MOTION:       To place and support Article #20, by S. Halterman.

2nd:     H. White

Vote:  All in favor.

Article #21 – Zoning Bylaw Amendment – Contractor Signs

MOTION:       To place and support Article #21, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To adjourn, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

The meeting was adjourned at 10:00 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date