BOARD OF SELECTMEN

MINUTES

MARCH 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.

A.Wilson announced that there will be a budget hearing at Tantasqua on March 14th at 7:00 p.m. at the Jr. High Library; their proposed budget is $18,500,000.

Approval of Minutes

MOTION:       To accept the minutes of February 20, 2007 as amended, by H. White.

2nd:     S. Halterman

Vote:  Four in favor; W. Emrich abstained.

MOTION:       To accept the executive session minutes of February 20, 2007 as amended, to remain confidential, by H. White.

2nd:     S. Halterman

A.Wilson welcomed Tantasqua senior D.J. Minchoff to the Selectmen’s meeting.  He has expressed interest in local government, and will serve an internship from the Dynamics of Democracy program.

E.B.Y. Senior Housing Project

Mike Loin, Bertin Engineering and Gregory Bates, Director of E.B. Realty appeared before the Board.  Their proposal was for a 46 unit single level 25,000 square foot assisted living facility called Bickford Cottage in the vicinity of the intersection of Main Street and Fiske Hill Road.  Out of the 46 units, 39 units will be assisted living and 7 units of memory (dementia) care.  The proposed building is accessible only by a private drive, which passes through an area zoned Commercial and an area zoned Suburban Residential.  In order to gain legal access by the private drive they requested that the Board support the interpretation that the Zoning Bylaw permits assisted living under the category of “Housing for the Elderly” in addition to permitting it under the definition of “long term care facility.”  The proposed site is zoned both Rural Residential and Suburban Residential.  “Long term care facility” is a permitted use in the Rural Residential district, where the actual building is proposed, and specifically identifies assisted living as a permitted use, but “long term care facility” is not a permitted use in the Suburban Residential district.  Sturbridge’s interpretation of its Zoning Bylaw does not permit access to the assisted living facility on the Rural Residential portion of the site through the Suburban Residential district by private drive, unless “Housing for the Elderly” which is permitted in both districts, is interpreted to include assisted living within its description.  G. Bates said that if assisted living is considered a permitted use within the Housing for the Elderly classification, the proposed site has legal access from Fiske Hill Road.

M. Loin said that the paved driveway going through the site would provide good emergency access off Fiske Hill Road.  He noted that they would have to apply to the state for the curb cut process.  He said that 20,000 gallons per day sewerage flow have been approved for the site, and estimated 150 gallons per unit per day.

J. Malloy said that there is a special permit process for Suburban and Rural Residential, which may be started by the Planning Board, with the approval of the Board of Selectmen.  He said that Dan Flynn subdivided the Fiske Hill Commons property, and the Bickford Cottage property is 7.19 acres of that property, leaving 168 acres of commercial and residential property.  He said that what needs to be clarified is whether the 7,500 gpd flow would come off the commercial flow.

H. White said that this is the third plan before the Board, with plan #1 and plan #2 still active.  He requested an outline of the entire parcel, stating that the Board needs to see a total geographic layout.  He requested that the proponent come back before the Board to request a specific gallon per day sewerage flow.  He noted that the decision on this project must be based on its own merits.

Jean Bubon, Town Planner, said that regarding zoning issues, the Planning Board has taken a strict interpretation of the Zoning Bylaws, as they had for the senior housing project for Stoneleigh Woods.  She said that the Zoning Board of Appeals had taken the interpretation that it is not permissible to pass through the district if it were a private road to access another district that was not permitted under that zone.

J. Malloy said that elderly housing is for people age 55 or over, or with a physical disability.  He noted that the Board had approved commercial for the front of the property, but not residential for the back of the property.  A.Wilson asked whether Dan Flynn would consider reducing his application, then E.B.Y. could come forward with a proper calculation of flow.  J. Malloy said that he would ask Dan Flynn to state his intentions in letter form.

H. White suggested a joint meeting with the Zoning Board of Appeals and the Planning Board.  J. Malloy said that the Town has a Zoning Enforcement Officer (Harold Nichols, the Building Inspector), who could forward a letter to the Board of Selectmen, the Planning Board and the ZBA.

G. Bates said that their facilities are designed and equipped for the elderly and physically handicapped.  T. Goodwin suggested giving the neighbors the opportunity to offer their feedback.  J. Malloy said that the Planning Board would have to hold a public hearing on it.  He said that Town Counsel will have to work with J. Bubon very carefully on special permit approvals.

T. Creamer said that relative to the definition of housing for the elderly, the proponent had stated that out of 46 units, 39 will be assisted living, with 7 units being secure units for people with dementia.  He noted that dementia is a mental disability.  G. Bates said that the seven units would be locked off from the rest of the facility.  S. Halterman said that assisted living is for people who do not require nursing care.  G. Bates said that nursing care will not be provided at the facility, but there will be a nurse on staff to administer medications.

J. Malloy said that it would be helpful to see where the property lines are drawn on the plans.  A.Wilson said that the Board needs to see the overall picture of the current concept.  H. White suggested that Jean Bubon, Town Planner and Harold Nichols, Building Inspector meet with the Board to discuss the matter.

Alexandra McNitt, Chamber of Commerce

Alexandra McNitt presented her quarterly report to the Board.  She noted that the Tri-Community Chamber of Commerce has changed its name to Central Mass South – The Chamber at the Crossroads of New England, which demonstrates their desire to be more inclusive and representative of this unique regional service area which spans 11 towns, plus northern Connecticut.  She added that the Chamber at the Crossroads speaks to this location as a hub, leveraging our highway accessibility as a gateway to the rest of New England.  She said that their monthly networking events have had an average attendance of 86 people per month.  She informed the Board that she is a member of the Southbridge Economic Development Commission.  She said that there is an effort going on in the Brookfields for a canoe/kayak trail.

A.McNitt said that they are doing much better financially, with a new Treasurer.  They have funds for scholarships for students to go to college.  Their website has had 100,000 visitors since July, and they are working on developing a new website.  They have a full-page ad in the Mass. Getaway Guide.  She said that Governor Patrick plans to attend their conference and breakfast.  They are in the process of producing a video, and will put it on DVD, and are focused on developing a comprehensive list to articulate all of the area’s tourism assets.  They are working on a grant application for development of a photo bank.  They have recently acquired a new Turnpike grant to help with a variety of things that they are involved in.  Physical improvements are planned for their visitor center, with better landscaping.  She said that they are developing a strategic marketing plan.

H. White noted that the Town Meeting warrant has an article for $91,731 for the Sturbridge Area Tourist Association, and requested that when A. McNitt meets with the Board in September, that she be prepared to show the Board how the money was spent and how it contributed to the economy of the area.

Hull Forestry -- Walker Pond Road

Christian Kruger of Hull Forestry appeared before the Board.  The proposal was for selective cutting on 81 acres of land on Walker Pond Road, owned by Sturbridge Properties, Inc.

Roy Baum expressed concern about the increased runoff after each harvest has taken place, and noted that the land has not perced.  C. Kruger said that the runoff was from the highway, and has nothing to do with the harvest.  He noted that there are two culverts on the property.  A.Wilson said that drainage in the area has been discussed by the Board in the past.  J. Malloy added that the Town has done quite a bit of work installing new drainage.

Christopher Hassett, 1 Podunk Road, asked how far from abutters’ properties the cutting would be done.  J. Malloy said that they could cut right up to the property line.  C. Hassett said that he has a stone wall, and asked what would be done if a tree were to fall on his wall and damage it.  J. Malloy said that the forester is responsible for any damage to abutters’ properties, and suggested that C. Hassett notify him if there is a problem.  He noted that the forester will be working between November and April, when the ground is frozen.

Mike Serio said that he has not had any problem with runoff.  He said that there is a 25 foot strip of land behind his property which is owned by the association.

Roy Baum suggested that C. Kruger meet with him to discuss the conditions.  H. White suggested that C. Kruger consult David Barnicle, Chairman of the Conservation Commission, since it is their jurisdiction.

MOTION:       To approve the Forest Cutting Plan subject to the Conservation Commission conditions outlined in the February 15, 2007 memorandum from the Conservation Agent and that a $5,000 bond be posted for the road; and that the forester schedule around the school bus schedule, by S. Halterman.

2nd:     A.Wilson

Vote:  All in favor.

MOTION:       To close the public hearing, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Library Board of Trustees – Budget Request

Richard Gallagher of the Library Board of Trustees requested a ten hour position for the library for FY08, at an additional cost of $8,450.  J Malloy noted that the Personnel Committee reviews these requests and makes recommendations.  Ellie Chesebrough, Library Director, noted that the Personnel Committee had not voted on this matter, but the Finance Committee had suggested meeting with the Board of Selectmen.  Mike Serio asked how they would pay for it, and noted that the policy is not to use their funds for operating expenses.

It was the consensus of the Board to hold action on the matter.

Paramedic Service

J. Malloy submitted to the Board the information from Arnold Wilson’s meeting with Brian Towns in the Fire Dept. (copy on file) and a letter from Brian Towns, Chairman of the Paramedic Committee (copy on file) and a memo from J. Malloy to the Fire Chief (copy on file) reiterating a discussion that they had held last week regarding the costs associated with this proposal.  J. Malloy said that the Fire Chief will meet with the Board of Selectmen on March 12th to discuss the matter further.

Revaluation

J. Malloy submitted to the Board the summary sheet (copy on file) that shows the scoring on the two bidders on the RFP to conduct the triennial revaluation.  He said that the two bidders were rated on their submission; Visions was rated a 91%, and Tyler CLT was rated 74%.  J. Malloy met with the Board of Assessors on February 26, 2007 and they discussed the ratings prior to opening the price quotation; although Tyler CLT was less expensive, the Board of Assessors and J. Malloy recommended that the Board award the bid to Visions, based on performance and their submissions on the RFP.

MOTION:       To award the bid for Triennial Reassessment of Real Property to Visions Appraisal for $60,000 as per their bid dated February 2, 2007 and to authorize the Town Administrator to execute the contract documents, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Lt. Booth

A.Wilson suggested holding a ceremony on May 19, 2007 to dedicate the bridge over the Quinebaug River to Lt. Joshua Booth.  J. Malloy said that there is a standardized sign that Mass. Highway Dept. uses for naming bridges after soldiers, and suggested asking Mass. Highway to make a sign up for this bridge.  H. White suggested contacting Senator Brewer to see if he could assist in obtaining a sign, and to contact the Booth family regarding the wording for the plaque, then set a date for the ceremony.

MOTION:       To name the bridge over the Quinebaug River on Holland Road after Lt. Joshua Booth, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Water/Sewer Abatements

J. Malloy submitted to the Board two water and sewer abatement applications (copies on file) as follows:

Account #0149 – This account has one of the new metron electronic readers and did not read properly, so an estimated figure was used.  The property owner requested a reading from the inside meter, which resulted in the request for an abatement, which was reviewed and approved internally; since it is over $500 it also required the Board’s review and approval, as per the Board’s policy.

MOTION:       To approve the water/sewer abatement application on Account #0149 in the total amount of $711.77, by S. Halterman.

2nd:     H. White

Vote:  All in favor.

Account #0516 – This account was reviewed by the DPW Director, Water Department, Finance Director and J. Malloy.  They all concurred that the water meters do not over-read the amount of water that passes through, that the only experience they have had is that they slow down.  The Town’s past practice has been to offer to have the meter tested, and if the test comes back that the meter is reading properly, the property owner has to pay the bill that is due, as well as the cost of the meter testing; but if it comes back that the meter is not reading properly, the Town will abate a portion of the bill.

MOTION:       To not approve the abatement application on Account #0156 and to provide that the property owner may request to have the meter tested, consistent with past practices, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Syl’s Auto Sales Inc.

J. Malloy submitted to the Board a bond cancellation notice (copy on file) for this business, which is licensed by the Board of Selectmen.  As previously stated by the Building Inspector, this property also has a zoning violation.  It was the consensus of the Board to hold a public hearing on May 7th, which is the date of the cancellation.

MOTION:       To set a public hearing to revoke the license of Syl’s Auto Sales, Inc. at 109 Main Street on May 7, 2007 at 6:35 p.m. for failure to maintain a bond required by the Town, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Z-Dogs

J. Malloy submitted to the Board the correspondence between the Town and Z-Dogs (copy on file).  To date, the license has not been paid for or picked up, despite repeated notification to the owner.  J. Malloy noted that Z-Dogs has picked up their license issued by the Board of Health.  The business has changed ownership recently.  It was the consensus of the Board to hold action until the meeting of March 19th.

EPA Letter

J. Malloy submitted to the Board a draft of the letter to the USEPA regarding the CWMP and Wastewater Treatment Plant (copy on file).  It was the consensus of the Board to send the letter.

Old Business

H. White asked about the status of the RFP for Camp Robinson Crusoe.  J. Malloy said that it has not yet been finalized.  H. White said that he had spoken with Bob Briere, who has been in contact with the Camp alumni, and he said that they have decided to do nothing at the Camp this year.  The alumni will give the town more time to come up with more meaningful projects for them to participate in.  S. Halterman suggested that the alumni return in about a year, after some work has been done at the Camp.

W. Emrich informed the Board that he had attended Captain Ed Bourassa’s retirement party, and presented Capt. Bourassa with the proclamation.

T. Goodwin asked about the status of the School Building Committee.  Charles Blanchard said that they had met with Rep. Todd Smola, and indicated that if they were to wait for SBA money, it would be a long wait because of the priorities and the way that the funding was going.  He said that the next step will be to discuss it with architects.  He said that the state has to approve the education plan, and their criteria must be used to their standards.  He noted that it is time to do something, and they can’t wait for SBA funds.  H. White asked if there were new guidelines from the state.  C. Blanchard said that there must be another alternative; Burgess needs a lot of work, and it will be a long time before the town gets any money.

A.Wilson asked about the status of the list of properties available for sale.  J. Malloy said that he would have it soon.

A.Wilson reminded the Board that the Board of Health had asked for input on the outdoor wood stove issue.

New Business

A.Wilson said that he had reviewed the letter that had been sent to legislators regarding the casino issue, and considered it to be obsolete.

Special Town Meeting Warrant

Article #60 Police Department Transfer

MOTION:       To place and support Article #60, by T. Goodwin.

2nd:     S. Halterman

Vote:  All in favor.

Article #61 Sewer Department Maintenance Overrun

MOTION:       To place and support Article #61 in the amount of $8,500, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #62 Sewer Department Sludge Handling

MOTION:       To place and support Article #62 in the amount of $28,780, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #63 Liquid Sludge Handling – FY06

MOTION:       To place and support Article #63, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #64 Water Department Hydraulic Study

MOTION:       To place and support Article #64, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #65 Stallion Hill Water Tank Engineering

MOTION:       To place and support Article #65, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #66 Senior Center Roof Repairs

MOTION:       To place and support Article #66, by W. Emrich.

2nd:     H. White

Vote:  All in favor

Article #67 Town Counsel Cost

MOTION:       To place and support Article #67, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Article #68 Public Safety Complex HVAC

MOTION:       To place Article #68 on the warrant, and to give a recommendation at Town Meeting, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #69 Design Review – Trademark/Logo

It was the consensus of the Board to refer the matter to the Zoning Study Committee or the Planning Board for their review.

MOTION:       To remove Article #69 from the warrant, by A. Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Article #70 Design Review – Sign Maintenance

MOTION:       To remove Article #70 from the warrant, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #71 Lake Weed Treatment

Article #72 Cedar Lake Weed Treatment

It was the consensus of the Board to invite the lake associations to meet with the Board to discuss the matter.

MOTION:       To place Article #71 and Article #72 on the warrant, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #73 Westwood Drive Sewer Debt

MOTION:       To place and support Article #73, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #74 8 Brookfield Road Appraisal

MOTION:       To place and support Article #74, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

MOTION:       To close the Special Town Meeting Warrant, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Budget Issues

MOTION:       To approve the figure of $8,297,038 as the Selectmen’s recommendation for Line Item #13002-53000 Burgess Elementary School, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

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 T. Goodwin.

2nd:     H. White

Roll call vote:  All in favor.

The Board convened in executive session at 10:30 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date