BOARD OF SELECTMEN

MINUTES

JUNE 18, 2007

Present:          Hal White, Chairman

Steven Halterman

Ted Goodwin

Arnold Wilson

William Emrich

Gregory Morse, Acting 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 May 7, 2007 as written, by W. Emrich.

2nd:     T. Goodwin

Vote:  Four in favor; S. Halterman abstained.

MOTION:       To accept the executive session minutes of May 7, 2007 as amended, to remain confidential, by A. Wilson.

2nd:     W. Emrich

MOTION:       To accept the minutes of June 4, 2007 as corrected, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Department Head Monthly Reports

Police Chief Thomas Ford read his report to the Board (copy on file).  He noted that on April 4th the Police Dept. had conducted a lockdown drill at Tantasqua High School, where they practiced scenarios in different wings of the school, using hallways, classrooms, the library and the gym.  He said that Sgt. Curboy and Sgt. Mercier had addressed a concern regarding a stop line, and painted the stop line at the stop sign at 452 Main Street and Crescent Street with the Highway Department.  Chief Ford thanked Greg Morse, DPW Director, for his help with that.

Chief Ford said that on May 1st Sgt. Mercier and Officers Lombardi and Campbell participated in the Pre-Prom Seat Belt Pledge at Tantasqua High School.  The after-prom party was held at Bogey Lanes in East Brookfield, with the permission of the Board of Selectmen in that town to stay open to accommodate the function.  H. White suggested sending them a letter of appreciation.  Chief Ford said that the Superintendent and Principal had done an excellent job of working with the Police Department.  He said that another lockdown drill was conducted at Burgess Elementary School on May 18th, with Sgts. Curboy, Mercier and Blanchard participating along with the Chief.  He said that Sgts. Curboy and Mercier participated in the training for School Crisis in Danvers and Holyoke, where they highlighted Sturbridge’s Safe School Program.

W. Emrich said that the Board had received a letter from the Town of Brookfield that indicated that there had been some issues during the bike race at Tantasqua.  Chief Ford said that there had been a gap in the public safety aspect, traffic control and assignment of details.  He said that he discussed it with the Brookfield Chief of Police, and they will have a definitive traffic flow plan prepared for the next bike race.

Fire Chief Leonard Senecal read his report to the Board (copy on file), a copy of which had not been made available to the Board.  He said that a few of his staff were sent to dive classes to build up the dive team.  He noted that one person went to officer training school and passed that training.  He said that the Fire Dept. had its own training on June 6th and did some drafting and some pumping and search and rescue.  H. White requested that Chief Senecal include training schedules and training that has been planned and accomplished in his monthly reports.

Chief Senecal said that there were eight applications received for the paramedic position, and he has narrowed them down to five.  Regarding the Fire Inspector position, two applications have been received.  Chief Senecal said that the Fire Dept. has all of the necessary equipment and two people who are dive team members.

H. White said that at the May 7th Selectmen’s meeting he had asked that the Board be provided with a copy of the ad for the Fire Inspector vacancy before it was published in the newspaper, noting that it had run from May 23rd to May 29th.  He said that of the two people being considered for that position, one is an EMT-B and the other is not an EMT at all.  He felt that the position should not be filled as an administrative position and at a minimal level of qualification.  A.Wilson suggested providing the applicants with a set of questions to answer.  It was the consensus of the Board to take no further action to fill the Fire Inspector position at the present time.  H. White said that he would send the questions to Judy Knowles, who would then send them to Chief Senecal.

Harold Nichols, Building Inspector, read his report to the Board (copy on file).  He noted that the number of single family dwelling construction is still down, and zoning issues are on hold.

A.Wilson asked about the status of the new retail store at 127/135 Main Street.  H. Nichols said that the foundation for the building has been poured, but they don’t have the plans completed for construction.

H. White asked about the process of sign approval, and noted that there had been a breakdown in communication with the Design Review Committee.  H. Nichols said that the issue of communication with the Design Review Committee has been resolved, and noted that he issues sign permits without their approval only in cases where it is a matter of refurbishing an existing sign, and where there is no change to the sign.

Greg Morse, DPW Director, read his report to the Board (copy on file).  He said that a settlement problem took place on Cedar Street, and the existing drainage must be repaired, then the bad side must be paved.  He plans to get Woodside Circle/Westwood Drive completed before doing Cedar Street.

W. Emrich commended G. Morse and the Dept. of Public Works for all of the work that they performed in preparing for the Memorial Day Parade.

G. Morse said that they widened sections of McGilpin Road and placed a gravel base course for future paving.  He noted that a public hearing has been scheduled for July 19th regarding Route 131, and the engineers will come in to address some things before the public hearing.

Shane Moody, Veolia Water North America read his report to the Board (copy on file).  He noted that in May the water flow increased, due to the hydroflushing that was done.  He said that on May 25th there was a water main break on Maple Street.

S. Moody said that on June 28th they will turn over the Tantasqua pump station to the School Department.  G. Morse explained that the School Dept. wanted to take it over, and will train their own staff to handle it.  H. White said that the primary thing is that the pump station is being properly run by licensed operators.  S. Moody added that it was approved by DEP.  G. Morse noted that the pump station is close to an existing pond, and he and S. Moody had conveyed that concern.  He said that the Town would still have a financial responsibility for it, and if there is any problem they will contact the Water & Sewer Dept immediately.  S. Moody said that there are failsafe measures in place that are checked weekly.

A.Wilson asked whether the fire hydrant on the east side of Burgess would be replaced.  S. Moody said that it would be done very soon.

Pilot Travel Center – Fuel Storage Tanks

Brad Alsup, Project Manager for Pilot Travel Center, appeared before the Board.  Chief Senecal said that he had reviewed the plans that were presented and found that they were in code.  He said that they will have to go to the State Fire Marshall’s office.  A.Wilson asked whether they had been to the Planning Board regarding the above ground storage tank.  B. Alsup said that he had not.

Sandy Gibson-Quigley of the Planning Board said that this was the first they had heard of it, and suggested that B. Alsup talk to the Town Planner since it is under site plan review.  B. Alsup said that he had spoken to the Town Planner, and Jean Bubon had referred him to Chief Senecal.  He noted that the above ground tanks will contain truck diesel fuel.

Tom Creamer, Chairman of the Planning Board said that Pilot had come before the Planning Board on a previous occasion with different plans, and there had been a site plan review waiver, but any significant changes to the site plan need to be addressed by the Planning Board.

MOTION:       To approve the license application for above ground storage tanks for Pilot Travel Center as per the plans approved by the Fire Chief for the Pilot Travel Center at 400 Haynes Street, subject to the Town Planner’s approval and the Planning Board’s approval of the site plan, by T. Goodwin.

2nd:     S. Halterman

Vote:  All in favor.

Community Preservation Committee – CPA Plan

Penny Dumas, Carol Childress and Paula Raposa appeared before the Board.  P. Dumas presented the CPA Plan to the Board (copy on file), and noted that a draft was sent to the Open Space Committee, Housing Authority and Recreation Committee.  She said that the plan will be posted on the Town’s website.

C. Childress said that the Dept. of Revenue is authorized to implement guidelines and regulations, and noted that this was issued in 2005.  She noted that it is not a business plan, it is a needs study.  P. Dumas said that the public hearing will be posted in a legal manner.

Tom Creamer, Planning Board Chairman

Tom Creamer asked the Board of Selectmen to take a position either for or against the matter of having a quorum membership of another board serving on subcommittees.  He said that it is about a concept across the board.  He felt that having a quorum membership serving on subcommittees may disenfranchise the board or the public in general.  S. Halterman said that Town Counsel had opined that it was legal as long as meetings are posted and items are proposed, discussed and reviewed in a public hearing.  W. Emrich said that when he had read Town Counsel’s response, it was clear to him that there was no problem, according to their legal opinion.  T. Goodwin said that the point is that improprieties are not happening, adding that there is a lot of work that needs to be done in the Town, and people should not be discouraged from participating on boards and committees.  S. Halterman agreed, and said that the individual in question is very dedicated to the Town, and said that he preferred to see a board try to keep such an individual.  H. White said that he had attended the last two meetings of the Planning Board, and stated that the Board had received Town Counsel’s opinion that it is not illegal, and should leave it at that.

Sandy Gibson-Quigley said that the Zoning Study Committee was set up in a specific way, and the Planning Board does not want there to be a quorum of its members serving on it.  She asked that if the makeup of the board changes, would the committee be consulted and have a say in the matter.  W. Emrich asked why the matter wasn’t discussed before their reorganization.  T. Creamer said that he had made it known that he had every intention to appoint someone to represent the Planning Board, then someone mentioned that there are too many members of the Planning Board on the Zoning Study Committee.  He noted that there is an individual that may not agree with the Planning Board.  He suggested that there could be a predetermined situation, and said that it is not about personalities.  He stated that it is not about the Planning Board; it should be about boards in general.

A.Wilson noted that the Zoning Study Committee has been meeting for well over a year without any particular problems, and their meetings are open to the public, with other members of the Planning Board freely participating.  He said that he was not in favor of changing anything.

T. Creamer indicated that he was displeased with the Board’s consensus, and felt that it did a disservice to the Town.  H. White said that T. Creamer’s comment was uncalled for, as it attacked the integrity of the Board of Selectmen.

Mary Blanchard requested a copy of Town Counsel’s opinion on this matter.  Jennifer Morrison said that she would not debate the legality of the membership of the Zoning Study Committee, and noted that everything has been going well.  She noted that this is an opportunity for the Board to take a position and be proactive.  She suggested that perhaps it is an ethics issue, worth more consideration and more discussion, and suggested questioning Town Counsel on the issue of quorum, not the Open Meeting Law.

Russell Chamberland said that when Penny Dumas was appointed to the Planning Board, he was the Planning Board representative to the Open Space Committee.  He said that at that time he had sent an email to J. Malloy, offering to step down from the CPC if there was a conflict.  He noted that it was not an issue at that time.

Police & Fire IOD Coverage

MOTION:       To award the FY08 Police and Fire Injured on Duty Insurance Coverage to MIIA as per their bid dated May 17, 2007, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

Affordable Housing Lobbying Letter

MOTION:       To authorize H. White to sign the letter, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

Public Safety Complex HVAC Project

MOTION:       To approve Change Order #1 from Renaud HVAC & Controls for $1,028 to replace four defective bypass dampers at the Public Safety Complex, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Town of Sturbridge/Federated Church License Agreements

J. Malloy had submitted to the Board two license agreements (copies on file): one allowing the Town to continue using the parking lot area owned by the Church and the second (in exchange for the first) to allow the Church to use a portion of Town Common area near the front of the Library at the corner of Maple Street and Main Street for the Church’s sign.  Town Counsel had drafted the agreement and J. Malloy had met with Rev. Jackson, and they were both in agreement to the terms.

MOTION:       To approve the license agreement and to authorize the Board of Selectmen to execute the license agreements, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Personnel Action

MOTION:       To amend the position description of the Conservation Agent to categorize the position as “Exempt” by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Economic Development Committee

J. Malloy had submitted to the Board a draft of the Economic Development Committee Statement of Purpose/Goals (copy on file).

S. Halterman suggested coming up with a way to bring more people in, and looking at it in terms of helping people out who are here now.  A.Wilson suggested the Board hold action for a few weeks in order to review and add to it, stating that it is necessary to define the limits of what the EDC can do, especially in terms of financing.  He noted that there was a lot of discussion regarding public/private partnership, and suggested analyzing the split tax rate.  T. Goodwin suggested that Alex McNitt of the Chamber of Commerce should also review it.  It was the consensus of the Board to continue to study it, and get comments back to J. Malloy as soon as possible.

Water/Sewer Rates

MOTION:       To amend the sewer rate for FY08 to $3.67 per 100 cubic feet for sewer customers with Town water and $75 per quarter flat rate for sewer customers without Town water, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Miscellaneous

J. Malloy had reviewed the road program, and Phases I and II of the Cedar Street paving are planned during the next three years; however, with construction ongoing on the Escape Estates subdivision and the start of the Woodside Circle Sewer Project, the DPW Director will be working around these projects to ensure that ongoing construction projects do not adversely affect the new pavement; therefore, the plan is to not pave before late FY08 to early FY09.  G. Morse indicated that the bad holes would be filled soon.

J. Malloy had distributed copies of the Strategic Plan Update; they plan on meeting in early July.

H. White said that the Board had been asked to adopt the Resolution in Support of the Municipal Partnership Act

MOTION:       To adopt the Resolution in Support of the Municipal Partnership Act, to sign it and send it to the legislators, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Old Business

A.Wilson said that the Board needs to take a position relative to casinos.  He said that he had the opportunity to review the documents sent by Rep. Todd Smola, the Senate and House Bills.  He noted that the Board is trying to set up a meeting with Rep. Dan Bosley, who is an opponent of casino gambling in Massachusetts.

It was the consensus of the Board to meet with Rep. Bosley first, as an information gathering venture, then produce a statement on the Board’s position.

W. Emrich asked about the status of the sign for the Warriors State Championship Basketball Team.  G. Morse said that he had received the proof for the sign, and will email it to the Board.  W. Emrich noted that a town resident had donated $300 toward the production of signs.

H. White said that 70 signs have been posted around town regarding the Town Hall renovation for the upcoming Special Election on June 25th , and flyers are being distributed.  He noted that the state rule is that town resources cannot be used for this purpose; it is permissible to use town property in a passive way, but not the services of a town secretary.

S. Halterman said that several residents had noticed that the posted signs do not mention the Center School building, although it is part of the renovation project.  He said that the signs would have been too “busy” if the Center School building was also named.

New Business

H. White announced that Tom Chamberland was recognized by the Lions Club with a Humanitarian Award, and at the Rotary Centennial Park Dedication, he was recognized for receiving the Tree City USA Award for the 10th consecutive year.  It was the consensus of the Board to send a congratulatory letter to Tom Chamberland.

Ask the Selectmen

S. Halterman said that a caller reported that the sign posted on Shepard Road has stealthily disappeared, and suggested that it be stealthily replaced.

MOTION:       To convene in executive session under MGL Chapter 39, §23B, Paragraph #3:   To discuss strategy with respect to collective bargaining or litigation; 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