BOARD OF SELECTMEN

MINUTES

APRIL 2, 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 April 9, 2007 is Election Day, and the polls will be open at 7:00 a.m. at Burgess Elementary School.

A.Wilson announced that the Annual Town Meeting will be held on Monday, April 30, 2007 at 7:00 p.m. at Tantasqua High School Auditorium.

A.Wilson announced that on April 18, 2007 at 7:00 p.m. there will be a Community Workshop regarding Water and Wastewater Treatment at Sturbridge Town Hall.

Approval of Minutes

MOTION:       To accept the minutes of March 5, 2007 as amended, by W. Emrich.

2nd:     H. White

Vote:  All in favor.

MOTION:       To accept the executive session minutes of March 5, 2007, to remain confidential, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Attorney Ed Neal – Request for Sewer Connection for Tom Earls

Attorney Ed Neal appeared before the Board.  He noted that he had presented this matter for the Board’s consideration previously, requesting two sewer connections for properties owned by Tom Earls:  5 Whittemore Road and 6 Hall Road.

He noted that 21 sewer connections were approved for Spaho Corp., and other connections have been withdrawn from circulation, making that capacity available.  He noted that extensions have also been voted into effect.  J. Malloy said that those requests were exempted from the sewer moratorium.  E. Neal noted that Mr. Choinski’s sewer connection had been exempted, then denied by the Board of Selectmen.

E. Neal said that the Board had voted on the Woodside Circle project as a general blanket vote.  He said that since the Board’s vote on that particular project was not lot specific, he requested that the Board approve the sewer connections for 5 Whittemore Road and 6 Hall Road.  J. Malloy noted that the Board did have a list of the properties included in the Woodside Circle/Westwood Drive project, although they were not listed individually in the vote.

A.Wilson requested that E. Neal give the Board his comments in writing for the Board’s review.

Board of Health – Wastewater Treatment

George Berry, Dawn Toon and Steve Mullin appeared before the Board.  A.Wilson said that as the Board has been discussing the sewer issues, they decided to meet with the Board of Health.  He said that it is necessary to upgrade the wastewater treatment plant, but the question is whether to upgrade, or upgrade and expand the plant.  H. White said that the Board had agreed that it needs to be upgraded due to the age of the equipment which was installed in the 1970s.  He said that the current average flow, plus what has been promised adds up to more than the current capacity of the plant, so the degree of expansion needs to be decided upon.  T. Goodwin said that the Board is reviewing alternatives, and is analyzing two solutions at this point.  He added that the Board needs a definition of the requirements of the system.

J. Malloy said that he had met with George Berry regarding the purpose of the meeting, and noted that the Board of Health has not been present during the meetings with the engineer, and has not been informed of all of the information.  S. Halterman said that when the Board receives the Wastewater Management Plan from Tighe & Bond, it should meet with the Board of Health, the Planning Board and Tighe & Bond to review it.

G. Berry said that the Board of Health knows where problems exist, when septic systems are bad and when soils are bad.  He said that they need to see and review the plans.  J. Malloy said that Tighe and Bond should deliver the plans within the next three months.  It was the consensus of the Board to meet again with the Board of Health after receiving the plans.

Tantasqua Warriors Basketball Team

W. Emrich introduced and congratulated the Tantasqua Warriors Basketball Team and their coaches, read the proclamation into the record (copy on file), and presented each member with a Certificate of Accomplishment for having completed a perfect season, winning all 25 basketball games, and for winning the state championship.  He stated how proud everyone is of the Warriors, and what great role models they are for the young people in the community.

Doug Havens – Habitat for Humanity

Doug Havens of Habitat for Humanity appeared before the Board.   He explained that their mission is to come into areas to build affordable housing for families in need, who are chosen by a selection committee.  They must be able to pay a mortgage and have a demonstrated need.  They do not build garages or porches, and the average home is 1200 square feet.  They are an equal opportunity lender, and they support local efforts to raise funds.

A.Wilson noted that the Board had supported the article on the Town Meeting warrant.  J. Malloy said that there are several different parcels in one area that will need to be subdivided differently.

D. Havens said that they have a pool of engineers working on a pro bono basis with Habitat for Humanity.  He said that the community gets involved, such as the girl scouts, boy scouts, retired carpenters, church groups, etc.  J. Malloy commented that Habitat for Humanity has the background and reputation of doing a nice job on the dwellings.  D. Havens said that they have built approximately 200,000 homes worldwide.

Alcohol Violations

J. Malloy informed the Board that during the recent alcohol compliance check conducted by the Police Department, two licensees failed by serving underage buyers:  Kahula Restaurant and Pistols Lounge at the Comfort Inn.  The licensees have been notified that an administrative hearing will be held on May 7, 2007 to consider the violations.

Chamberlain Street Parking

J. Malloy submitted to the Board comments from the Chief of Police and the DPW Director (copies on file) relative to the on-street parking on Chamberlain.  A public hearing has been scheduled for May 7, 2007 and notice has been sent to the residents/property owners on Chamberlain Street.  H. White asked for the Fire Chief’s comments on this issue.

Town-Owned Land (Tax Possessions)

The Board had asked J. Malloy for a listing of town-owned land taken through foreclosures.  The following are the parcels owned by the Town taken for non-payment of taxes over the years that have not been transferred to a specific department or designated for a specific use:

75 Farquhar Road – Entire parcel under easement with the Army Corps of Engineers (10.83 acres).  This parcel is part of the Grand Trunk Trail plan.

50 Holland Road – This parcel abuts town owned land and the Quinebaug River (.59 acre).

13 Cross Street – Cross is a paper street abutting the landfill (19.5 acres).

178 Breakneck Road – This parcel is south of the landfill and abuts Connecticut (8.00 acres).

265 Cedar Street – This parcel abuts the former “town dump” and is north of the Turnpike (12.65 acres).

549 Main Street – This parcel is the Fiskdale Mill Park (.22 acre).

466 Leadmine Road – This parcel was previously discussed to correct a dangerous intersection at some point in time (1.02 acres).

205A Podunk Pike – This parcel is in the no access area of Route 49 (15.1 acres).

Resignations

MOTION:       To accept the resignation of Carol Childress and Christine Tieri from the Public Lands Advisory Committee with regret, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

OPEB Actuarial Study

MOTION:       To award the bid to Stone Consulting, Inc. for conducting an actuarial valuation of post-employment benefits as per their submission dated March 16, 2007, not to exceed $13,350 and to authorize the Town Administrator to execute any necessary contracts and/or documents, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Council on Aging Request

J. Malloy submitted to the Board a request from the Council on Aging to add additional hours for their staff for the upcoming fiscal year (copy on file).  He met with members of the Council on Aging regarding this request.  He noted that there have been concerns of the Council on Aging that the building not be open at times when it is not attended by a staff member, which has resulted in some events being cancelled.  The Council on Aging requested an additional $6,669 to add hours to the two part-time staff members, which they feel will enable them to keep the Center open for a full 40 hours per week.

A.Wilson said that this has not been reviewed by the Personnel Committee, and did not consider it to be an emergency situation.  He expressed concern with the position having 19 hours/week, as it is one hour short of being eligible for benefits.  He requested that there be additional study on this matter.  H. White also had a problem with the 19 hours/week issue.

It was the consensus of the Board to have the Personnel Committee look into it.  J. Malloy said that he would contact the Council on Aging.

IOD Claim

MOTION:       To approve the injured on duty claim under MGL Ch. 41, §111F of Officer Daniel Menzone for the injury sustained on March 23, 2007, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Main Street Banners

J. Malloy said that he has been meeting with representatives of Old Sturbridge Village and the business/hospitality community in relation to the Sturbridge Heritage Partnership grant that OSV had received.  The grant is administered by OSV and designed for marketing and developing strategies to ensure the long-term viability of OSV and to develop a comprehensive plan for the area in relation to tourism and marketing.  Recently, J. Malloy suggested to Paul Wykes at OSV that part of the grant might be used to purchase banners for Main Street which would read:  “Welcome to Sturbridge, Home of Old Sturbridge Village,” which received an initial positive reaction.

J. Malloy noted that the Town has the ability to put banners up for municipal purposes.  H. White suggested putting a sign up at each end of Route 20.  J. Malloy said that banners could be changed with the seasons, and would cost approximately $16,000.  He said that he will wait for the Board’s decision on the matter.

Wastewater Treatment Plant

J. Malloy submitted to the Board wording for a warrant article for a second Special Town Meeting in the event that the Board chose to set a second town meeting on April 30, 2007, as requested by J. Malloy and the DPW Director.  He noted that there is a four-year compliance schedule; the Board had the opportunity to review the NPDES renewal last fall, and he pointed out the full Schedule of Compliance (copy on file).  The Town has 18 months from the effective date of the permit (12/1/06) to complete conceptual design of necessary upgrades, which would be June 1, 2008.  The Town has 30 months from the effective date of the permit to complete the plans and specifications for the necessary upgrades, which would be June 1, 2009.   J. Malloy said that given the design time, permitting and review by both the Mass. DEP and USEPA, these dates cannot be met if the Town does not take action at this year’s Town Meeting.

A.Wilson asked the Board if they wanted to go ahead with the meeting that he had arranged with the Planning Board, or whether it should be postponed.  S. Halterman felt that it would be premature to meet with the Planning Board at this time.  He said that if the Planning Board would like someone from the Board of Selectmen to meet with them regarding the process, he was not sure it would be necessary to have a joint meeting with them.  It was the consensus of the Board to not meet with the Planning Board at the present time.

S. Halterman said that it might be necessary to reopen the NPDES permit, and expressed concern about asking the voters for money while not having a plan.  J. Malloy said that there is a plan for 750,000 gpd.  He said that it needs to be addressed immediately.  S. Halterman said that the CWMP represents the consultant’s recommended alternative.  He noted that Paul Hogan has offered to return to talk to the Board, and the Board has not heard back from the EPA regarding the level of treatment required.  It was his opinion that the EPA and the state would feel that progress has been made.

T. Goodwin said that he did not see a reason to have it on this year’s Town Meeting.  He said that if it goes forward without a plan there is the potential to cost the town millions, and the Board of Selectmen needs more input from the different Boards.  He recommended stronger bylaws.  J. Malloy noted that he and Greg Morse, DPW Director, had drafted a bylaw that would do what T. Goodwin had suggested; Town Counsel had reviewed it and said that it was a tightly worded bylaw and addressed the Selectmen’s concern.  The Board had removed that bylaw from the warrant without discussion.  A.Wilson said that he had voted to remove it from the warrant because there were no concrete plans on what is needed.  H. White said that the Board has been very busy, meeting every week since January, and did not have time to discuss it.

MOTION:       To set a Special Town Meeting at Tantasqua on April 30, 2007, by A.Wilson.

2nd:     S. Halterman

Vote:  A.Wilson in favor; four opposed.

J. Malloy noted that he and Greg Morse would like it shown in the record that they have done everything possible to address this issue in a timely manner.

CWMP Planning Maps

J. Malloy informed the Board that Tighe and Bond has provided 11 X 14 copies of the maps that he had at the last meeting.

Paramedic Level EMS

J. Malloy said that the Paramedic Study Committee held its first meeting, and he will keep the Board informed on a weekly basis so that the Board will be prepared to make a decision by April 30th.  The Committee will meet again on April 4th.  At the first meeting, they discussed a variety of options and issues; during the upcoming meeting they will review the budgetary figures that Barbara Barry, Finance Director and J. Malloy put together, dispatch/response times for Brimfield and Charlton in responding to paramedic calls in Sturbridge that Lenny Senecal and Brian Towns are compiling and cost estimates for a private agency to come in and provide paramedic level service.

In reviewing the financial information, it became apparent that to develop a concrete cost estimate before the Town Meeting, J. Malloy will need to meet with the Union, open the contract and negotiate a rate, and discuss any other possible benefits that may be requested for Firefighter/Paramedics.  He scheduled the meeting for April 3rd, and requested an executive session with the Board.

In reviewing the financial data, J. Malloy developed several different scenarios (copies on file) using wage rates suggested by Brian Towns, and wage rates that he thought were more in keeping with the figures that other towns pay for paramedics.  He said that the scenarios also include a complete description of the basis for all of the figures.  In summary, the figures continue to be in a range of $321,169 to $390,120 ($246,169 to $315,120 without the $75,000 equipment cost) to hire three new paramedics to augment existing staff.

J. Malloy also reviewed the Fire Department Staffing Analysis Report that was provided to the Selectmen, and he did not believe that there is a basis for the Town to augment the staff of the Fire Department; therefore, he also provided an alternative financial analysis (copy on file) that would cost in the range of $100,887 to $127,681 ($25,887 to $52,681 without the $75,000 equipment cost) which replaces two of the existing staff with paramedics and does not add additional employees to the department.  This scenario would allow the Town to meet the Selectmen’s goal discussed a few weeks ago, to have paramedic level service without coming at the expense of other town priorities.

J. Malloy asked Chief Senecal to poll the existing firefighters to see who will go through the paramedic training.  He said that if one new staff member is hired, then the number of overtime hours could come down.  S. Halterman commended J. Malloy for his work on this matter.

USDA – Woodside Circle/Westwood Drive

J. Malloy submitted to the Board the loan resolution for this project (copy on file).  He noted that the Town is receiving a $430,000 grant and $870,000 low interest (4.125%) loan from the USDA Rural Development Service.

MOTION:       To adopt the loan resolution between the Town of Sturbridge and the USDA RD verbatim, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Bridge dedicated to 1st Lt. Joshua Booth

J. Malloy said that Tom Chamberland, Veterans Agent, said that a bronze plaque would cost approximately $800 plus shipping; J. Malloy recommended that the Veterans Supply line item have an additional $1,000 budgeted, $1,200 total, to cover the cost of this plaque.

MOTION:       To put a hold on the Veterans Supply line item and offer a substitute motion for an additional $1,000 for the Lt. Booth plaque, by S. Halterman.

2nd:     H. White

Vote:  All in favor.

Budget and Town Meeting Articles

A.Wilson noted that the Board has not taken any action on the Tantasqua budget.

MOTION:       That the Board accept and support $5,304,491 for operating share as line item #13002-53200, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To place and support $64,248 for the Sturbridge portion of the Tantasqua Transportation line item #13002-53210, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To support $541,185 for the Tantasqua Debt Assessment line item #13002-53215, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #14 Demolition Delay Bylaw

J. Malloy said that he was waiting to hear back from Town Counsel regarding the issue of whether it should be buildings and structures.

Article #44 Betterment Committee

J. Malloy noted that the Board had voted to recommend that the Town vote to amend the line item “Town Common Event Sign” to be modified to read:  “Fire Department Paramedic Equipment and Supplies” and to otherwise approve the article as written.

Old Business

A.Wilson said that there will be a discussion on gambling in Massachusetts, and suggested sending an email to the Office of Economic Development indicating what the Board would like to discuss.  He had a talk with Rep. Todd Smola, who is an expert on casino issues.  He noted that there is casino interest in Suffolk Downs.  He suggested asking Rep. Smola to meet with the Board, and then draft an email to the state.

A.Wilson noted that trailers are back on Route 15.  J. Malloy said that he had told the Police Dept. about it.

New Business

S. Halterman said that Paul Hogan had informed him that there is a new technology called Comag (?) which has a very small footprint, and he will obtain literature on it.

A.Wilson announced that Monday, April 9th is the Town Election.

MOTION:       To cancel the work session on April 9, 2007, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

A.Wilson said that he had received an MMA Action Alert regarding Chapter 70.  J. Malloy said that he had spoken with Senator Brewer and Rep. Todd Smola about it.  T. Goodwin said that the Governor will be closing some corporate loopholes regarding the way that things are taxed.  J. Malloy noted that it was with regard to telecommunications equipment.

Ask the Selectmen

S. Halterman said that the first caller was unhappy that the new Town Hall issue was not on the town warrant.

S. Halterman said that the other comment was that she was disappointed that the wastewater treatment plant was taken off of the warrant, and said that the town should be able to vote on whether or not to go forward with the plan.  She felt that the Board should listen to the Town Administrator and engineer.

Another comment was that it is against the law to steal campaign signs, and whoever is caught will be charged with larceny.

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

2nd:     W. Emrich

Roll call vote:  All in favor.

The Board convened in executive session at 9:15 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                                         Date