BOARD OF SELECTMEN

MINUTES

JULY 16, 2007

Present:          Hal White, Chairman

Steven Halterman

Ted Goodwin

Arnold Wilson

James Malloy, Town Administrator

The Chairman called the meeting to order at 6:30 p.m. following the Pledge of Allegiance.

The Chairman called for a moment of silence to honor Christian Frechette, who passed away at the Recreation Area on July 13th.  H. White said that he was sure that all residents of Sturbridge would join him in extending their deepest sympathies to Derek and Tina Frechette on the death of their son, Christian.  He noted that this tragic accident is being investigated by both the state and local police, and a thorough review of the Town’s summer recreation program is also underway, and the program will not resume until the Town can assure the residents that the program will continue to provide a safe environment for their children.

On behalf of the Town, J. Malloy offered condolences to the Frechette family on their tragic loss.  He also expressed concern about the other children who had attended the program on July 13th, the staff at the Summer Rec Program, and the Officers and EMTs who had responded.  He noted that grief counseling is available at Burgess Elementary School for the children who were in attendance, and similar assistance has been offered to Town staff.  He said that the practices and program that has been in place for decades without incident is under review, and there will be several new practices and options for physical improvements to the Rec Area.  He said that the Loss Control Department from the Town’s insurer has been invited to review the facility and make recommendations.  He said that a meeting has been scheduled with parents of children registered in the program for Tuesday, July 17th at 7:00 p.m. at the North Cafeteria at Burgess Elementary School to discuss any concerns that parents may have, and for the Town to provide information on new policies as well as review current practices.

Approval of Minutes

MOTION:       To approve the minutes of July 2, 2007 as amended, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Promotions

A.Wilson asked why Alan Curboy’s effective date would be September 1, 2007.  J. Malloy explained that A. Curboy is out on an IOD and will be returning to work on September 1, 2007.

H. White commented that as a result of the two proposed promotions, another police officer will be hired, which will raise the staffing level to what it was a year ago.  He noted that it will cost approximately $80,000 - $100,000 and is being done with no prior discussion by the Board of Selectmen, and suggested that the Board review it.  J. Malloy said that regarding the financial aspect of it, a cost benefit analysis had been done when Tom Button was the Police Chief, which was reviewed by the Board of Selectmen and the Finance Committee.  The analysis compared the Sergeants’ positions and the overtime needed to take care of administrative work and supervision of the three shifts, as opposed to a Lieutenant who handled administrative duties.  He noted that it is a more qualitative analysis than quantatative.

A.Wilson said that he did not believe that this was the appropriate time to discuss this, that it had been discussed as part of the budget, and noted that the Board was unanimous in its decision a few years ago to create the position of Lieutenant.  He said that when the budget was set a few months ago, it was discussed and agreed upon by the Board of Selectmen to fund these positions.

Chief Ford noted that the burden of administrative work in the Police Department has increased significantly.  He said that the Lieutenant position was created in 2004, after a lengthy process.  He offered to provide the data to the Board.  He said that the duties of the position include:  accreditation management, radio project management, overseeing sex offenders, emergency management training, monitoring jail cells, breathalyzer tests, elderly affairs, scheduling of training, supervising the dispatch center, administrative reporting, and day-to-day operation of the Police Department.  He said that this position would increase the efficiency of the department and would help to provide an exceptional level of service to the Town.  He noted that in 2004 there was sufficient analysis done to prove the need for additional officers.

MOTION:       To confirm the Town Administrator’s appointment of Alan Curboy as the Lieutenant in the Police Department with an effective date of September 1, 2007; and to confirm the Town Administrator’s appointment of Michael Cloutier as a Sergeant in the Police Department, with an effective date of July 17, 2007, by T. Goodwin.

2nd:     S. Halterman

Vote:  All in favor.

Police Chief Thomas Ford presented Alan Curboy with his Lieutenant bars and badge, and Michael Cloutier with his Sergeant stripes and badge.

J. Malloy commended Alan Curboy for his work on the assessment center.  Chief Ford thanked J. Malloy and S. Halterman for their assistance with the process.

License Agreement

MOTION:       To approve the license agreements between the Town of Sturbridge and the Federated Church providing the Church with space on Town property to place their sign in exchange for Town use of the portion of the parking lot that belongs to the Church, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Eagle Scout Proclamation

Eric LaFleche and his father, John LaFleche, appeared before the Board.

It was the consensus of the Board to recognize the achievement of Eric LaFleche for reaching the rank of Eagle Scout, and to authorize Hal White as Chairman of the Board of Selectmen to sign the proclamation.

John LaFleche thanked the Sturbridge Fire Department for sponsoring the scouts.

Economic Development Committee

A.Wilson suggested adding the wording “what existing industries and businesses are most important to the area’s economic health” under the first item of the statement of purpose and goals.

MOTION:       To establish an Economic Development Committee consisting of five members, with the goals as described (copy on file), including the wording suggested by A.Wilson, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Senior Municipal Service Program

MOTION:       To approve the participation of Modestina Galati in the Senior Municipal Service Program, working for the Tree Warden/Veterans Agent, by T. Goodwin.

2nd:     S. Halterman

Vote:  All in favor.

Town Hall/Center Office Construction Committee

MOTION:       To revise the membership of the Town Hall/Center Office Construction Committee to include one employee of Town Hall, Barbara Barry; and to also appoint Hal White, Arnold Wilson, James Malloy, Greg Morse, Brian Burns, Mark Judson, Bill Smith, Kevin Smith, Bruce Sutter and Dean Stickney, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Restaurant Request

J. Malloy submitted to the Board a request from Tang Thuc (copy on file) seeking to open a sushi restaurant at 392 Main Street (next to George’s Pizza).  There are two vacant spaces in this building, one of which was formerly a beauty salon.  Bernie Lorkiewicz of the Board of Health calculated the difference in sewer flow between a restaurant and a beauty salon to be:  restaurant = 35 gpd per seat; salon = 100 gpd per chair.  Based upon Title V, the increase in flow generated from this proposal will be approximately 400-500 gpd, from approximately 900-1000 gpd previously to 1400 gpd.  J. Malloy said that the issue with the Planning Board is whether the Board of Selectmen would be amenable to allow Tang Thuc to connect to Town sewer.

Tang Thuc and his partner appeared before the Board.  A.Wilson noted that this would be a change of use of the property, which must go to site plan review and the Planning Board to calculate parking requirements, etc.  S. Halterman expressed concern about the parking issue, and said that there may not be sufficient parking at the property.

A.Wilson indicated that he was not ready to make a motion, and asked whether there was a record of the number of chairs at the beauty salon.  H. White suggested getting information from the Board of Health.  J. Malloy said that he would follow up on the water and sewer usage numbers.

It was the consensus of the Board to hold action until the next meeting on August 6th, pending further information.

Miscellaneous

J. Malloy contacted Paul Holtz at Mass. Historic Commission, who indicated that the Town did not receive the grant for the Center Office portion of the Town Hall/Center Office application (Preservation Projects Fund) because it was determined that the application was incomplete and could not be completed as per their requirements.  Their decision was based on J. Malloy’s discussion earlier this year by Brona Simon at Mass. Historic, who informed him that the Town needed to submit an overall building survey, outline plans and renovation specifications.  J. Malloy informed B. Simon that the Town would not be able to provide this due to the timing and lack of funding to hire an engineer to undertake these requirements, and that the Town had submitted the preliminary design plans.  When he submitted the original application, he was aware that this was a shortcoming in the application, but had hoped that they would consider the plans in their presented form.  J. Malloy said that there is the possibility of reapplying next year.

J. Malloy submitted to the Board a spreadsheet (copy on file) to reflect the FY08 budget approved by Town Meeting and approved final state aid figures.  Currently, the operating deficit for FY08 is approximately $189,000.  H. White suggested that J. Malloy send a letter to the Tantasqua School Committee, requesting that they consider reducing the town assessments by a total of $350,000, with copies sent to the other towns.

J. Malloy informed the Board that the trail funds have not been received, but Tom Chamberland, Tree Warden, is working on submitting the necessary paperwork to keep this on track so that the funds will be received.  He noted that it will be a long process with the Federal Government, and the funds will be received on a reimbursement basis.

J. Malloy informed the Board that he will schedule Tighe & Bond to attend the work session on August 13th to discuss the Comprehensive Wastewater Management Plan.  It was the consensus of the Board to invite the Planning Board and the Board of Health to attend the work session.  H. White suggested rescheduling the Public Lands Advisory Committee and Strategic Planning to September 10th.

J. Malloy submitted to the Board the public hearing notice and project description (copies on file) for the Route 131 reconstruction project public hearing.  He requested that Senator Brewer and Representative Smola assist in keeping this project on track, and they may attend the public hearing and/or submit written comments.

J. Malloy submitted to the Board pages 4-6 of the Town’s Water Management Act permit (copy on file) for operating the municipal water wells.  He said that next year the Town will be required to establish a mandatory outdoor water use ban that will place restrictions on water users, either (a) between May 1st and September 30th of each year, or (b) when the stream flow of the Quinebaug River falls below 50 cfsm for 3 days between May 1st and September 30th.  Later this year, J. Malloy and Greg Morse will make a recommendation to the Board on implementing one of the two options.  J. Malloy thought that (a) is more consistent and will be easier to understand when it is in place, and that (b) would allow the Town to maintain a voluntary ban except when there are low flows, and therefore would not impact residents and businesses as much.

J. Malloy said that the Town would not be submitting to the Clean Water State Revolving Fund for this cycle, as there is no approved project this year that would qualify prior to the deadline date of August 31, 2007.

J. Malloy informed the Board that the final FY07 Town Counsel costs (which include Kopelman & Paige, Mirick O’Connell and Merrick, Louison & Costello) came to $119,921 (or 99.9% of the appropriation).  He submitted to the Board a spreadsheet (copy on file) which breaks out the individual costs during the year by issue, department, and whether the costs are related to litigation.

Regarding the Municipal Partnership Act, which was discussed at the MMA Board Meeting and at the LGAC meeting, J. Malloy said that it appears that the portions that have the best chance of being approved are the GIC (state health insurance plan option) and pension system reform.  MMA is also working very hard on the issue of closing the telecommunications loophole portion of the Act.  J. Malloy contacted Rep. Smola and Senator Brewer relaying the Board’s position on the entire Act, and asked for support on these portions of the Act.  MMA will continue to work on the parts of the Act that were not approved and the issue of general revenue sharing (40%) and greater overall percentage of school funding (50%) by the state.

Pia Rogers – Common Victualler License

Pia Rogers appeared before the Board to request a Common Victualler License for her coffeehouse at 479 Main Street, next to Bin 479.  She said that there would not be a drive-in window.  J. Malloy suggested that she talk to the Building Inspector regarding the building’s handicapped accessibility, noting that some rest rooms are exempt from the ADA requirement.

MOTION:       To approve a Common Victualler License for Pia Rogers for 479 Main Street, with a maximum of 8 chairs, by T. Goodwin.

2nd:     A.Wilson

Vote:  All in favor.

Old Business

A.Wilson informed the Board that he and Ted Goodwin had met with Rep. Smola and Rep. Bosley, and will put a report together for the Board regarding what they learned about casinos and legislation.  H. White suggested sending letters to Rep. Smola and Rep. Bosley thanking them for coordinating it.

H. White asked about the correspondence list.  J. Malloy said that incoming correspondence that has anything to do with the Town as a whole, or requests from citizens or requests for action is included in the correspondence file.  He said that confidential items consist of items related to legislation and union negotiations.

H. White suggested inviting Chief Senecal to the Board’s August 6th meeting to discuss paramedic service.

New Business

S. Halterman expressed appreciation of the work done by Judy Knowles on the Board’s meeting minutes.

S. Halterman asked about the status of trucks parking on Route 15 in the area of the bicycle memorial.  Chief Ford said that given the volume of traffic on Route 15 with its proximity to I 84, sometimes truck drivers pull over to sleep there and at the Mobil station at night.  He said that police patrols move trucks off that road on a regular basis.

A.Wilson said that a few years ago the state government was going to rebuild a bridge on Route 15.  J. Malloy said that the project has been delayed for a few years.  A.Wilson suggested sending them a letter to find out where the project is on their schedule.

Ask the Selectmen

T. Goodwin said that there were no calls.

Tom Creamer, 359 Leadmine Road, commended the Chairman and J. Malloy for their well spoken condolences to the Frechette family.

T. Creamer asked the Board to consider asking candidates questions one or two weeks prior to promotions.  H. White asked that the Town Administrator and Department Heads consider handling promotions over a two-night period.

J. Malloy thanked the member of the Board for their understanding when he had to leave very suddenly to attend to a family emergency.

MOTION:       To adjourn, by S. Halterman

2nd:     T. Goodwin

Vote:  All in favor.

The meeting was adjourned at 8:10 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date