BOARD OF SELECTMEN

MINUTES

MARCH 12, 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 introduced D.J. Minchoff, a Tantasqua student who is interested in town government.

A.Wilson said that there were four articles that the Board had decided to hold a public hearing on:  Article #11 Stormwater Management Bylaw; Article #12 Right to Farm Bylaw; Article #13 Agricultural Commission; and Article #14 Demolition Delay Bylaw.

J. Malloy said that due to the fact that the Tantasqua Boys’ Basketball Team are finalists in the Division 2 state championship, the Tantasqua Budget Meeting public hearing has been rescheduled to March 20th at 7:00 p.m.

A.Wilson announced that the Town Election will be held on April 9th, and the Annual Town Meeting is scheduled for April 30th; he asked J. Malloy to find out whether the next night would also be available, in case Town Meeting has to continue to another night.

Annual Town Meeting

Article #11 Stormwater Management Bylaw

J. Malloy said that it requires a permit from the Town for any connections to the Town’s stormwater system, and requires that a design of a stormwater system must comply with the stormwater management standards from the EPA.  He explained that it is part of the Town’s NPDES permit, and there are two of them:  the stormwater system and the wastewater system.

J. Malloy said that he has been working with the Conservation Agent and the DPW Director, and submitted to the Board the bylaw that they decided upon (copy on file) which meets the state requirements in the NPDES permit.  He said that it is easy to manage and the Board could set any additional regulations as necessary.  A.Wilson noted that on February 26, 2007 the Board had voted to place the article on the warrant.

MOTION:       To support Article #11 Stormwater Management Bylaw, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #12 Right to Farm Bylaw

Article #13 Agricultural Commission

A.Wilson noted that the Board had voted to place the articles on the warrant.

Anthony Silvestri said that the Right to Farm Bylaw is nothing new, and this proposed bylaw is an amalgamated version of the existing Right to Farm Bylaw, put together to reduce conflicts.  He said that they had looked at other towns’ bylaws, and it works well in those towns.  He said that notification to the residents can be done in the early census.  He noted that this bylaw is one of the Smart Growth tools, and the Town will get additional points from the state toward the grant.  He said that once people have been notified, the fines should be placed in an open space fund.  J. Malloy said that a new account has been set up called the “Public Lands Revolving Account.”

A.Wilson asked whether retail stands on farm property would have to meet zoning bylaws regarding parking.  A. Silvestri said that they would.  J. Malloy added that it would still be subject to all of the Town bylaws.  Carol Childress said that she had spoken with some farmers who have expressed interest in it already.  Mary Blanchard expressed her support of it, and noted that there could be a problem with the fine.  She said that MGL states that “No fine may exceed $300.”  Carol Childress said that the Open Space Committee felt that there would not be a lot of fines.  J. Malloy expressed concern about the second paragraph in 3.83, and said that it may be creating a lot of work for his office, since the process is very bureaucratic and doesn’t provide for any staffing; also, multiple court dates would be required.  He said that it would be a difficult bylaw to administer.

Jean Bubon, Town Planner, provided Savoy’s Right to Farm Bylaw (copy on file).  She said that they get incentive points on the Commonwealth Capital score for their bylaw.  She noted that Savoy posts it in their town hall.  They had expressed the same concern about the administrative burden placed on their staff.  She suggested using some of their wording.

H. White suggested eliminating the entire second paragraph, except for the last line, so that the Town would be removing itself from this process.  It would keep the responsibility between the seller and the buyer of the property.  A. Silvestri asked whether the Board could change it without a public meeting.  J. Malloy said that the Board has the authority to make changes in specific articles regarding general bylaw amendments, unless it is a petitioned article.

MOTION:       To support this article as revised; to delete paragraph #2 except the last sentence; and delete paragraphs #3 and #4, by H. White.

2nd:     S. Halterman.

Vote:  All in favor.

Article #13 Agricultural Commission

MOTION:       To support Article #13, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #14 Demolition Delay Bylaw

A.Wilson noted that this article related to historic buildings 100 years + old, and the Board had voted on February 26, 2007 to place the article on the warrant.  Brian Burns, Chairman of the Historic Commission, said that the best protectors of old buildings are the people who own them, and they know that the way to maintain the value of their building is by maintaining its historic appearance.  Joseph Ouellette said that the Assessors office had indicated that there are 3,600 buildings in the Town, of which 60 buildings are listed on the National Historic Sites list.  He said that the Historic Commission would like to have the opportunity to look at the old buildings in town, and noted that just because they are old doesn’t mean that they are historic.  They will examine a building to see if it is in one piece, and whether it has any unique architectural features; and whether a famous person had lived there.  He said that out of the 80 towns that have adopted a similar bylaw, 70% are fixed at 100 years and six months.

MOTION:       To support Article #14, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Paramedic Level Service

J. Malloy submitted to the Board information from the Fire Chief (copy on file) regarding the paramedic level service.  It addressed the costs of the classes and the overtime costs for training, but not the ongoing wage cost that would need to be negotiated with the union for paramedic level wages or benefits.

Fire Chief Leonard Senecal and Brian Towns, Chairman of the Paramedic Service Sub-Committee, appeared before the Board.  J. Malloy said that some months ago the Fire Chief had told the Board that they had started a sub-committee in the Fire Department to look at going to paramedic service, and review the costs involved in it.  He noted that all of the costs have not been provided yet.

Chief Senecal informed the Board that the cost for paramedic training is $7,000 per person, with an application fee of $50; text books cost $480, for a total cost of $7,530 per person to attend classes.  The cost of school and cost to fill an employee’s shift for class hours (at straight time, not including overtime) comes to an approximate cost of $22,339.50 to send one employee to paramedic school.  He noted that it would be faster to hire a person who is already a paramedic.  He said that J. Malloy would have to find out what hourly rate the paramedics would have.

Brian Towns thanked the Board of Selectmen, Jim Malloy and Chief Senecal for allowing them to present this information.  He said that it will be necessary to work out a staffing plan, and the preliminary numbers on the cost of equipment for both ambulances are $60,000 to $75,000.  He noted that the state requires two paramedics working together, to share ideas on calls for 7 days/week, 8 hours minimum.  He noted that the state does not specify whether the two paramedics should be together on duty, or available on call.  He said that the Fire Dept. needs four full-time paramedics to work 7 days/week, 8 hours/day.  He suggested putting $150,000 toward hiring three paramedics, and said this could be in place by the end of the summer.

H. White said that there has been a groundswell of community support for this.  He noted that Chief Senecal’s numbers did not include wages for people who are attending the classes, travel time or travel expenses.

A.Wilson asked how many full-time firefighters should be sent to paramedic school.  Chief Senecal said that there are six people on his staff that could take the course.  B. Towns said that the paramedic program is very demanding, so the candidates must be motivated.  H. White noted that starting three people on the course does not guarantee that all three will complete it; there is risk involved.  He suggested adopting Option B, and said that it would be a lot easier to hire paramedics, rather than train employees to become paramedics.

J. Malloy said that it would be very unusual to increase the staff of the Fire Department by 50% to immediately have paramedic service.  He said that it would be extremely difficult financially, and that it may be necessary to make cuts in other departments.  He noted that there are financial issues that may not be resolved.  He recommended contacting the Personnel Committee for their review of the matter.  He noted that there have been no discussions with the Teamsters.

H. White noted that other towns in the area have paramedics, and suggested contacting them for information.  He recommended that the Board take the position of being in favor of having paramedic service in FY08, and that a committee be established.

J. Malloy said that free cash would be certified in September, October or November, and a Special Town Meeting could be held before the tax rate is set, with a raise and appropriate article.  He expressed concern about taking that kind of financial risk without having all of the information.  He recommended not adding it to the Annual Town Meeting; getting the necessary information before the tax rate is set in August, and then making decisions on an informed basis.

H. White felt that it could be possible to get all of the necessary information in two or three weeks, and noted that this is a line item which could be changed on the night of the Town Meeting.  He said that the Board could get the numbers, discuss it with the people at the Town Meeting, then vote on it that night.  He said that it does not commit the Town to spending that money, and he didn’t see where it was any risk at all.  J. Malloy pointed out that if the Town commits to spending the money by Town Meeting appropriation, it commits to raising it.  A.Wilson suggested that the Board be prepared to offer a substitute number in that line item.  He asked Chief Senecal for additional information regarding the number of calls received over the past two weeks that required paramedic assistance for medical necessity, and further information regarding cost in order to do a thorough analysis.  B. Towns said that there are guidelines regarding when to call for paramedic intercept.  H. White suggested contacting two or three communities for information on their wages, and the Finance Director could provide the fringe costs.

Bob Briere said that the Town cannot wait any longer to provide this necessary service, and noted that summer visitors would benefit from it as well.  He said that paramedics save lives, and the people of this Town deserve proper medical service.  Bill Muir suggested that the Board determine a way for the Town to afford paramedic service.

Craig Moran said that he has had three heart attacks, and on all three occasions the ambulance was equipped with EMTs.  One of his heart attacks occurred during a snowstorm, and he was taken to Harrington Hospital, but they had to call a paramedic ambulance to transport him elsewhere because Harrington does not have a cardiac cath lab.  He noted that a call like that will not be listed on their records as a paramedic call.

John Argitis thanked the Board and the Fire Department for their consideration of this matter.  He said that it is imperative that the Town have paramedic service, and that this is a critical issue which needs to be addressed as quickly as possible.

Mary Allard, 78 Stallion Hill Road, said that she nearly lost her two grandchildren because of bee stings; both went into shock and were hospitalized for two days.  She expressed her support of paramedic service for the Town.

W. Emrich commented that he has never seen public input such as for this issue.  He noted that it deals with saving lives, and that the Board should do everything possible to make this happen as quickly as possible.  H. White said that if the Board goes ahead with this, there will be paramedic service one shift, seven days per week at a cost of $150,000; during the second year, there will be paramedic service for two shifts, seven days per week, doubling the service for the same amount of money.

T. Goodwin asked what J. Malloy needed to accomplish before Town Meeting.  J. Malloy said that he needed to refine the numbers, but will not know about revenues until the Town Meeting.  He said that he would have to define what the issues are.  H. White said that he knows of some individuals who have offered to help with an analysis, and to put information together regarding paramedic service, so the committee within the Fire Dept. would be augmented with these civilians, and they could work together on this.  He said that the people who are interested should contact Brian Towns at the Fire Department.

MOTION:       That the Board direct the Town Administrator and Fire Chief to come up with a plan with numbers, wages and benefits, and a plan to staff the Fire Dept. with three paramedics for FY08, by H. White.

2nd:     A.Wilson

Vote:  All in favor.

Lake Association Proposal

W. Emrich recused himself from the Board at 8:20 p.m.

Article #70 Lake Weed Treatment

Article #71 Cedar Lake Weed Treatment

Craig Moran, President of the Cedar Lake Association, appeared before the Board.  He said that in 2006 the Conservation Commission decided to change their application process.  Lycott Environmental put a minimum amount of herbicides into the lakes, so the weeds were allowed to proliferate.  He said that the lakes must be treated with a heavy level of herbicides.  He noted that Cedar Lake could not be treated this year, and the weeds are so bad that it will cost $14,000 to treat the lake.  He said that if Article #70 passes, Article #71 will be rescinded.

J. Malloy said that the town fees and state fees were waived, and the permit was put in the name of the town.  He noted that Cedar Lake has the Town beach on it, and if left untreated the swimming area will be unusable.

Phil Carlson said that $2 million was spent to put in a sewer system around the lake, and noted that the lake is an asset to the Town which must be protected, and noted that they need help from the Town to maintain the lake.

H. White requested summary sheets for the other lakes.  John Argitis offered to provide information from the Big Alum Lake Association.

It was the consensus of the Board to review the information and take action at the next meeting.

W. Emrich rejoined the Board at 9:05 p.m.

J. Malloy received a phone call from Penny Dumas, who said that the use of CPA funds have been divided between Conservation issues and maintenance issues, and the Community Preservation Committee had chosen not to support it as a CPA article.

Annual Town Meeting

Article #5 Water Department

J. Malloy informed the Board that he had opened proposals from five companies:  Whitewater, Woodard and Curran, Earth Tech, Severn Trent and Veolia, and he and Greg Morse, DPW Director had rated them separately.  They had discussed the in-house option, and they will meet again on March 13th to make a decision to either interview people, or to bring it in-house.  He said that the Board could make vote to make a recommendation at Town Meeting.

MOTION:       For Article #5, that the recommendation from the Board of Selectmen will be provided at the Annual Town Meeting, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #6 Sewer Department

MOTION:       That the recommendation from the Board of Selectmen for Article #6 will be provided at the Annual Town Meeting, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #34 Sewer Bylaw Amendment

H. White noted that the Board has not discussed it at all, and was not in favor of supporting it.

MOTION:       To remove Article #34 from the warrant, by H. White.

2nd:     A. Wilson

Vote:  Four in favor; T. Goodwin opposed.

Article #35 Wastewater Treatment Plant Upgrade and Expansion

J. Malloy said that Tighe & Bond will eventually have flow information, and the EPA needs to know the potential future flows.  T. Goodwin said that it doesn’t allow the voters to vote on the expansion, which they should be allowed to do.  H. White felt that Article #35 was premature, and there are concerns that can’t be addressed until after Town Meeting.

Mary Blanchard said that it should be an economic and engineering decision, and noted that Tighe and Bond met with the Board several times.  She said that the Town still has a Sewer Service Bylaw to fall back on.

Tom Creamer said that homes are being built in Sturbridge that years ago would not have been possible.  He asked whether there is adequate infrastructure, and commented that the document provides guidelines.  He expressed the need to balance industrial, commercial and residential growth.

J. Malloy said that it would be inappropriate to budget some money at the Annual Town Meeting, then have a Special Town Meeting with about 80 people in attendance to vote on it.  He said that to not move forward with it would be a mistake.  A.Wilson recommended that the motion be defeated and to go ahead with the full amount for a 1.25 mgd plant.

MOTION:       To remove Article #35 from the warrant, by T. Goodwin.

2nd:     W. Emrich

Vote:  Four opposed; T. Goodwin in favor.

S. Halterman said that he could see other possibilities in industrial and commercial that don’t require sewer.

MOTION:       That we upgrade the sewer system to meet the NPDES permit requirement and expand it to 1.1, by S. Halterman.

2nd:     H. White

Vote:  Four in favor; T. Goodwin opposed.

Article #48 Lauren Lane Acceptance

It was the consensus of the Board to hold action until the next meeting.

Article #38 Affordable Housing Project

J. Malloy said that he will meet with Joel Bard on March 13th regarding the wording changes.

Special Town Meeting

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

2nd:     S. Halterman

Vote:  All in favor.

Article #75 Police Labor Contract

MOTION:       To add Article #75 to the warrant:  To see if the Town will vote to transfer from the FY07 Salaries/Wages Account #12101-51120 and appropriate the sum of $25,211.00 to the Police Department Salaries/Wages Account #12101-51325 to fund the FY06 salaries under the Collective Bargaining Agreement, 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 amend the Public Works budget as follows:

Account #14101-51130 Salaries/Wages $498,700, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To amend the Public Works budget as follows:

Account #14102-52000 Purchase of Services $67,600, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To amend the Public Works budget as follows:

Account #14102-54000 Supplies $64,100, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To amend the Public Works budget as follows:

Account #14301-51130 Salaries/Wages (Landfill/Recycling) $81,122, by H. White.

2nd:                             2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To amend the Police Department budget as follows:

Account #12101-51134 Salaries/Wages $1,301,000, by H. White.

2nd:     A. Wilson

Vote:  All in favor.

MOTION:       To amend the Police Department budget as follows:

Account #12101-51300 Overtime $176,000, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To support changing the Library Salaries/Wages Account #16101-51130 to $185,530, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

J. Malloy informed the Board that the Town is approximately $5,000 under the figure included in the Five-Year Financial Forecast for settling the labor contracts ($114,000 vs. $109,000).

J. Malloy said that the DPW Director has indicated that if there is another snowstorm, he will need to seek a minor snow/ice deficit spending authority.

J. Malloy submitted to the Board an updated estimate of where the Town stands in relation to the Proposition 2 ½ levy limit (copy on file).  He also gave the Board a spreadsheet (copy on file) that included estimates of other financial issues and potential revenues for discussion that are related to the Municipal Partnership Act.  He said that the net cherry sheet increase is $534,126.  He noted that there is a Telecom loophole; Governor Patrick proposed closing that loophole.  Also proposed was a 2% meals tax and 1% additional hotel tax, bringing the total potential additional revenues to $1,118,918.  It was the consensus of the Board to inform the legislators that the Board supports it.

A.Wilson said that Barbara Barry, Finance Director, informed him that Treasurers and Town Clerks who are Board certified are eligible for a $1,000 bonus under state law.  J. Malloy said that it requires Town Meeting approval of the state statute, and noted that the Board had previously turned it down because it singles out one or two department heads.

A.Wilson recommended that the longevity issue for union and non-union employees be referred to the Personnel Committee.

MOTION:       To convene in executive session under MGL Chapter 39, §23B, 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 10:50 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date