BOARD OF SELECTMEN

MINUTES

MAY 7, 2007

Present:          Hal White, Chairman

Ted Goodwin

Arnold Wilson

William Emrich

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 April 2, 2007 minutes as amended, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To accept the April 2, 2007 executive session minutes as amended, to remain confidential, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To accept the minutes of April 30, 2007 as amended, by A. Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To accept the executive session minutes of April 30, 2007, to remain confidential, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Syl’s Auto Sales Inc. – Revocation of Class 2 License

J. Malloy explained that he has not received the renewal bond from Syl’s Auto Sales and there has been no response to his correspondence.  No one appeared for the hearing.  It was the consensus of the Board to notify Sylvio Proulx that it will be discussed at the meeting of May 21, 2007.

GIS Support Proposal

J. Malloy submitted to the Board a proposal from Tighe & Bond (copy on file) to provide ongoing support on the GIS System.

MOTION:       To authorize the Town Administrator to execute the contract between the Town of Sturbridge and Tighe & Bond for GIS support for a fee not to exceed $3,000, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Woodside Circle/Westwood Drive Sewer Project

MOTION:       To award the bid for the Woodside Circle/Westwood Drive Sewer Project to Baltazar Contractors Inc. for $849,749.47 as per their bid and to further authorize the Town Administrator to execute any contract documents to complete this project, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

Alcohol Violations

MOTION:       To open the public hearing regarding Kahula Restaurant, by W. Emrich.

2nd:     T Goodwin

Vote:  All in favor.

Police Chief Thomas Ford, Sgt. Lavallee and Officer Lombardi appeared before the Board.  Officer Lombardi relayed what had taken place during the alcohol compliance check at Kahula Restaurant, when an underage person had been served alcohol without having been asked for identification.  Chief Ford said that criminal charges have been filed and are pending in Dudley District Court.

Attorney Wayne LeBlanc appeared on behalf of Mr. Chan, owner of Kahula Restaurant.  He said that the incident regarding the bartender, Mr. Wong, has been resolved in Dudley District Court.  He said that when Mr. Chan received the letter from the Police Chief, he met with the servers and bartenders, including Mr. Wong.  He discussed the matter with them and asked that they proceed with identification checks before serving alcohol.  Mr. Wong is no longer employed as a bartender at Kahula.

Tom Creamer asked whether it was required that businesses be notified that the Police Department will be conducting alcohol compliance checks.  Chief Ford said that it is not required, but it is their standardized policy for fair and effective enforcement.

W. Emrich felt that a 14 day suspension would be appropriate.

MOTION:       That the alcohol license for Kahula Restaurant be suspended at midnight on May 8, 2007 until 8:00 a.m. on May 21, 2007, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To close the public hearing, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To open the public hearing regarding Pistols Lounge at the Comfort Inn, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

Chief Ford said that the alcohol compliance check was conducted at Pistols Lounge on December 12, 2006.  Sgt. Lavallee relayed what had transpired on that date.  Chief Ford noted that the desk clerk had been notified of the infraction.

Anthony Fantaroni and the General Manager appeared before the Board, stating that this was their first offense.  They apologized for the violation.

MOTION:       That the license for Pistols Lounge at the Comfort Inn be suspended at midnight on May 10, 2007 and reinstated at noon on May 12, 2007, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To close the public hearing, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

Amendment to the Traffic Rules and Regulations

MOTION:       To open the public hearing, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Anthony Celuzza, Chairman of the Traffic Safety Committee, appeared before the Board.  He said that in February 2006 the Traffic Safety Committee had met and said to the Selectmen that they did not agree with the Board’s decision to allow overnight parking during the winter on Chamberlain Street.  He said that at that time, it was the strong feeling of the Police Chief, the Fire Chief and the DPW Director that this was not a hardship for the residents, since available parking exists.

J. Malloy said that at that time when the issue was first raised, the Building Inspector had gone out to see whether there was adequate parking, as per the Town’s zoning; he found that there was adequate parking, based on the Town’s bylaw.

Herman and Warren Blair said that they do not have access to the right of way for parking at all times.  A.Wilson said that the right of way should be available to them all of the time.  He noted that they might have a legal problem with the owners of the land, but that is different from a Town problem.  J. Malloy suggested that they research the deed and see what it says.

H. White suggested continuing the public hearing pending further review of the situation.

MOTION:       To continue the public hearing until July 2, 2007 at 6:35 p.m., by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

Fire Chief Leonard Senecal – Staffing

Chief Senecal appeared before the Board.  H. White suggested that they discuss approaches to filling a vacancy and promotions in the Fire Department.  J. Malloy said that the Fire Inspector position has been advertised twice; the first time there were no applicants, and the second time there were a few applicants.  He and Chief Senecal had talked about setting up interviews for the Fire Inspector position, but they have not had an opportunity to interview the candidates yet.  Chief Senecal noted that the position is only 25 hours/week.  J. Malloy said that inspections have been shared by the Fire Inspector and the Fire Chief, and he noted that follow up inspections need to be done and should be done by the same person.

Chief Senecal said that the former Fire Inspector had been a member of the Department for about 20 years.  He noted that the Fire Inspector would do all of the inspections and would have to go to a certified class to be able to perform the inspections.

J. Malloy said that Chief Senecal had submitted a request with his budget but it did not go through the Personnel Committee.  He is looking at increasing the hours of the Fire Inspector, making it a 40 hour/week position, and it will be considered by the Personnel Committee in the upcoming year.

Regarding the Lieutenant position, Chief Senecal said that two of his staff had attended the Lieutenant class and passed it; one is a Captain, and the other is a coordinator for EMTs.  Another person had attended most of the class, but did not take the test, but submitted an application to take the test.  There is also another person who is taking the course.  Chief Senecal will evaluate what is needed for the Lieutenantship.  J. Malloy added that the training program is through the Mass. Firefighting Academy.

J. Malloy said that the next meeting of the Paramedic Study Committee will be held on May 29th, and by then he hopes to have a draft of the position description.  He suggested hiring one full time paramedic, then hire as many on call paramedics as possible.  He said that Brian Towns had emailed information regarding policies and protocols that are necessary to adopt.  H. White suggested attracting young people through the schools, primarily Sturbridge residents.  Chief Senecal said that they should have all of the necessary equipment for both ambulances by August or September.

H. White suggested that the monthly reports should contain updates on staffing issues.  J. Malloy suggested having Chief Senecal come to one of the Board’s work sessions.

Chief Senecal informed the Board that his staff has been moving forward with setting up a training schedule for the next month with the Jaws of Life.  H. White asked how the $70,000 in grant money will be used.  Chief Senecal said that he would use the money for training for paramedics, firefighting district 7 courses and to cover shifts for the fire training school in Stowe.  He noted that the money is from a federal grant from Homeland Security.

Appointments

J. Malloy read the list of names into the record (copy on file).

MOTION:       To confirm the Town Administrator’s appointments as listed (copy on file), by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

Betterment Assessment

J. Malloy submitted to the Board correspondence from Attorney Ed Neal (copy on file) regarding a betterment assessment from the Phase II Sewer Project.  He noted that after a betterment assessment has been voted by the Board of Selectmen, the property owners on any particular project have six months to file an appeal of the betterment assessment.  After that six month period, there is no mechanism to abate the assessment other than special legislation, which the Town has utilized one time in the Cedar Lake area.  Atty. Neal has included the previous Town Meeting authorization to seek special legislation on the Cedar Lake parcel and the wording of the special legislation.  He said that at this point, there is no action that can be taken immediately, other than to consider this at the next Special Town Meeting.  He noted that from past experience, the special legislation process may take two years.

J. Malloy said that he would invite Atty. Neal to meet with the Board.  H. White suggested that he find out the status of the lots in question.

Resignation

MOTION:       To accept the resignation of Nicholas DaDalt as a full-time Firefighter, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Special Election

MOTION:       To call for a Special Election to consider the Proposition 2 ½ debt exclusion for the Town Hall/Center School renovation project approved at Town Meeting, to be held on June 25, 2007 to read:

Shall the Town of Sturbridge be allowed to exempt from the provisions of Proposition 2 1/2, so called, the amounts required to pay for the bond issued in order to renovate the Town Hall and Center School buildings?

Yes______                No_____, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Miscellaneous

The Camp Robinson Crusoe demolition has been cancelled until the Conservation Commission issues its conditions under a Notice of Intent.

The Police Chief had forwarded correspondence that Regep Lane does not conflict with the E911 system.

MOTION:       To approve the street name of Regep Lane, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

Water System – J. Malloy and Greg Morse, DPW Director, met with the water plant operator and toured the plant to review the systems in place to ensure that they have taken all necessary precautions to ensure that a similar event does not occur in the water treatment plant.

Chapter 90 authorized signatory – The Town can authorize more than one person, and the DPW Director requested to add the Finance Director’s name as an additional authorized signatory.

MOTION:       To add Barbara Barry, Finance Director, as an authorized signatory on all contract documents related to Chapter 90, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

J. Malloy said that his candidacy for the City Manager position in Key West, FL was prematurely printed in the local newspapers.  He noted that he has always provided a courtesy notice to the Board, and apologized that they had read about it before hearing about it from him first.

J. Malloy submitted to the Board correspondence regarding the request for the Earls’ sewer connection (copy on file).

J. Malloy submitted to the Board correspondence from Bertin Engineering (copy on file) regarding a sewer connection (change of use from single family to a Montessori School) seeking an approval of the connection.

A.Wilson said that he would like to see a map of 116 Brookfield Road, and asked if it has been before site plan review, and whether it is a new structure or an existing one.  J. Malloy said that he could find out that information from the Assessors records.

Old Business

A.Wilson noted that the Board had asked that he contact Rep. Todd Smola to ask him to meet with the Board to discuss casino gambling.  He announced that Rep. Smola will meet with the Board on May 14th at 6:30 p.m.

A.Wilson had received a request from the Chairman of the Planning Board to set up a meeting between the Board of Selectmen and the Planning Board relative to the nature of the Zoning Study Committee.

W. Emrich said that in the Veterans Agent’s absence, he was asked to be the liaison to help with the Memorial Day activities in town.  He has been working with Bob Briere and J. Malloy, and will have the details ready for the next meeting.

T. Goodwin suggested setting up a meeting with Visions to discuss the tax rate.  J. Malloy said that he was going to meet with Visions and the Board of Assessors on Monday at 4:00 p.m.  He said that Bev Poirier is working on scheduling Visions and the Board of Assessors for the June work session.

J. Malloy said that he would like to update the Dialogue for the Future Strategic Plan Report, and noted that this is the third year of the five-year plan.

A.Wilson suggested working on ways to get people out to vote on the Town Hall/Center School renovation project.

H. White suggested inviting the Planning Board to the June 11th work session to discuss the Zoning Study Committee.

Tom Earls appeared before the Board, and said that Attorney Ed Neal had sent him an email indicating that his sewer connection issue may be discussed by the Board at this meeting.  J. Malloy suggested he leave his email address with him and he will contact Mr. Earls when his issue will come before the Board.

New Business

T. Goodwin suggested that the Board discuss lake management at a work session.

H. White said that he had taken into consideration the workload involved in the Board’s liaison assignments.

H. White said that the Old Sturbridge Village Road is open from 5:00 a.m. to 9:30 p.m. year round.

H. White asked J. Malloy to submit a copy of his goals and evaluation form, and recommended that the Board provide specific examples in the Town Administrator’s evaluation.

H. White requested the Board’s approval to send a letter to Marie Belisle thanking her for her years of service on the Historical Commission and expressing regret that she was not reappointed.

Ask the Selectmen

A.Wilson received a call from a person who wished to remain anonymous, who asked whether the Board had any plans to replace J. Malloy, since he “did not seem to be happy here.”  He informed the caller that J. Malloy is happy working for Sturbridge, and he simply looking to advance his career.  H. White said that J. Malloy is looking for new opportunities and new challenges, and the Board has no plans to replace him.

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:     W. Emrich

Roll call vote:  All in favor.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date