BOARD OF SELECTMEN

MINUTES

OCTOBER 1, 2007

Present:          Steven Halterman

Ted Goodwin

Arnold Wilson

William Emrich

James Malloy, Town Administrator

S. Halterman, Vice-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 September 17, 2007 as amended, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To accept the executive session minutes of September 17, 2007, to remain confidential, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

Fiske Hill East

Mike Loin, Bertin Engineering and Dan Flynn, Fiske Hill Commons, LLC appeared before the Board.  M. Loin said that they received MassHousing site approval for a 200-unit townhouse style condominium project proposed for a portion of the property at 30 Main Street.  He asked the Board to consider an alternative project design that would significantly reduce the number of units, from 200 down to 120 (a 40% decrease); the 40B affordable component will be eliminated; of the 120 units, they would build predominantly 2-bedroom units, which will significantly reduce the impact on town services and schools; they will commit to a 4-year project phasing, further lessening any community impacts; they will offer to the Town (at no cost) approximately 64 acres of open space land, and they will include an easement for a trail head.  The land abuts state-owned land that is part of the McKinstry Brook area and also part of a large continuous swath of land that runs north to Route 20.

M. Loin said that the units would not be tied into the Sturbridge wastewater system because they have an agreement with Southbridge to tie into their system.  He said that EBY is proposing a commercial use that is allowed in a residential zone.  He said that the Town would still benefit from the betterment fees, as part of the commercial section.

J. Malloy said that the Board should take action on the sewer allocation so that EBY knows whether it will be sewered or septic.  He noted that 20,000 gallons were assigned to the commercial portion of this property.

A.Wilson noted that the plan shows an entryway from Route 131 as far as Lot #2.  M. Loin said that there is a preliminary subdivision plan indicating that at the Planning Board office.

MOTION:       Of the 20,000 gpd approved for the original parcel as approved on February 7, 2005, 6,900 gpd will be allocated to Lot #2 on the plan dated 8/15/07; 13,100 gpd will be allocated to Lots #3 and #4 on the same plan, by T. Goodwin.

2nd:     A.Wilson

Vote:  All in favor.

D. Flynn said that their proposal would serve the Town well.  J. Malloy noted that the Town would get credit for the affordable units (about 50-60 units).  M. Loin said that they had hired a firm to do wetlands delineation and flagging, and noted that they will have to go through MEPA and Mass. Highway Dept. during the design phase process.

J. Malloy said that the intersection of Fiske Hill Road and Route 131 falls just below the threshold of requiring a traffic light.  He noted that the state will install a conduit, and if this project triggers traffic counts, it may require a light.

S. Halterman suggested that the Board take it under advisement.

Tax Rate Classification Hearing

MOTION:       To open a public hearing on the tax classification, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

J. Malloy read the legal ad into the record.  Tom Chamberland and Marita Tasse of the Board of Assessors appeared before the Board.  J. Malloy provided the Board with the tax rate classification information.  He said that he and Bev Poirier, Asst. Assessor independently completed the Recap Sheet to ensure the correct tax rates.  B. Poirier provided the spreadsheet that showed the different scenarios for split tax rates.

Since FY05 the Town has had a split tax rate in an effort to maintain the traditional 75% (Residential) and 25% (Commercial/Industrial) split in the overall tax burden.  As per previous discussions regarding the impact on Commercial and Industrial businesses and the goal of returning to a single tax rate, J. Malloy provided two spreadsheets using the figures derived from the Recap Sheet and the Scenario worksheet.  He said that residential values comprise 82% of the overall value.

J. Malloy also provided the Board with a spreadsheet that showed the breakdown since FY04 (the last year of the single tax rate) and now, which shows that during a three-year period (FY05-07) that the total increase in residential taxes was $157 (or approximately $52 per year) for a 4.9% (or approximately 1.6% annually) during a time period that the Town raised overall property taxes from $13,656,845 to $15,559,618 (13.9% increase) to account for the large increases that the Town saw due to the Tantasqua formula change and subsequent phased-in disparity reduction between the local and regional schools during this period.

J. Malloy recommended that the Board set the tax rate so that the split reflects the residential tax base paying 77% of the tax burden in FY08; 80% of the tax burden in FY09 and 82% in FY10 so that at the point of the next revaluation three years from now, the Town will be back at a single tax rate.

T. Chamberland recommended that the Board take some action in the direction of a factor of 1 rate, and said that it would be a sound and positive direction.  A.Wilson said that looking at property values, Wal-Mart is half the value of the Sturbridge Host Hotel, as an example.  He said that he was not ready to give commercial/industrial a tax break until the valuation numbers make sense.

J. Malloy said that when there is a shift in the tax rate, the percentages will change significantly.  T. Chamberland said that this is a good time to attempt to start a shift back to a factor of one.  J. Malloy said that the goal was to keep the percentage breakdown between the two sectors the same; the reality is with residential home prices going up significantly, to keep that 75/25, commercial/industrial businesses were paying a higher share.

T. Goodwin said that moving to a single tax rate would be beneficial to small businesses.  He said that the Board should look at ways to ease the burden on those living on a fixed income.  J. Malloy indicated that the Town has accepted every statute that provides exemptions.

T. Chamberland said that they are required to look at the values every year and make adjustments.  A.Wilson suggested scheduling Visions to meet with the Board.  J. Malloy said that the best time to do that would be during a work session in December through February.  T. Goodwin suggested contacting Rep. Smola and Senator Brewer to see what legislation exists to help those on a fixed income.

MOTION:       To adopt a residential factor of 93.8430, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

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

2nd:     T. Goodwin

Vote:  All in favor.

W. Emrich commended T. Chamberland, Veterans’ Agent, for the ceremonies that were held at the Gold Star Mothers’ Monument and the Bridge dedication to Lt. Joshua Booth.  T. Chamberland thanked the DPW, the high school students, the Booth family, Bob Briere, and the residents who turned out to help.  S. Halterman thanked W. Emrich for representing the Board of Selectmen at the ceremonies.

Thomas Creamer

T. Creamer said that on September 4, 2007, Board of Selectmen Chairman Hal White had implemented a new policy during Ask the Selectmen, with no open microphone.  He reminded the Board that under Roberts Rules of Order, it is clear on the position of a Board, based on past practice.  He said that he has attended numerous Board of Selectmen meetings, and until Sept. 4, 2007 he had never witnessed anyone being told to refrain from asking open mic questions during Ask the Selectmen.  He said that past practice should be adhered to, unless there is a consenting vote of the Board to change it.  He asked that the Board take appropriate steps to address the issue.

S. Halterman said that a member of the audience had gotten into a debate with Hal White during Ask the Selectmen.  He said that the Board does not use Roberts Rules of Order 100% of the time.  T. Goodwin said that he did not have a problem with the new procedure.  J. Malloy said that the Board has not adopted Roberts Rules of Order.  S. Halterman noted that looking at past meetings, there have been many instances where the Chairman has recognized people sitting in the audience.  He said that he did not think that Mr. White intended to stifle anyone from addressing the Board.  The incident took place during one specific “Ask the Selectmen” when the Board was ready to convene in executive session.

T. Creamer said that it is a disservice to the Town if the Chairman of the Board of Selectmen is allowed to step outside parliamentary authority.  He asked about the parliamentary procedure that the Board follows.  S. Halterman said that it is something that the Board will take up as an agenda item in the future.

T. Creamer said that on September 4, 2007 the Board questioned some of the proposed appointments, and he felt that the Board had overstepped its authority.  He said that the Town Administrator had decided to withdraw an individual’s name; he requested that J. Malloy or the Board give some consideration to the fact that the Town Charter lays the groundwork, which is an effective way of establishing checks and balances regarding authority, powers and duties.  He said that whenever any Board or member of a Board oversteps his authority, that can be problematic.

J. Malloy said that a Town Charter is a strong form of local government.  He said that the Town Administrator has the responsibility to appoint, and the Board votes to confirm appointments.  He said that there are about 100 appointments to make every year, and he and the Board work together in a symbiotic way.  He noted that the Economic Development Committee will need to come before the Board of Selectmen at some point, and if he has created friction with the Board, when that committee comes before the Board, it is likely that the discussion will have underlying friction, making it difficult for the EDC to be successful.  He apologized to Matt Sosik for not contacting him before bringing it before the Board of Selectmen.  T. Creamer thanked J. Malloy for his frank and honest answer.

T. Creamer said that when he had asked why the Board had concerns about two appointments to the Housing Partnership Committee, he was told by H. White, “No, I will not answer that.”  T. Creamer said that when there is a live discussion and someone asks a question, the Board has an obligation to answer.  S. Halterman said that there should be more discussion, and suggested that T. Creamer take a step back and objectively watch and review the incident.  T. Creamer said that he has reviewed the tape many times, and noted that when he approached the Chairman that night, he had posed a question very quietly.  He expressed concern that the Board may be conceding some of its authority to the Chairman.

Automatic Amusement Device License

MOTION:       To approve the automatic amusement device license for Admiral T.J. O’Brien’s to install PGA Golf – Championship Edition and Buck Hunter II, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

Resignation

MOTION:       To accept the letter of resignation from Kelly Kippenberger as the Sturbridge Conservation Agent with great regret, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

DCR Grant

J. Malloy submitted to the Board a grant award from the Division of Conservation Resources for the Fire Department to purchase equipment.  He said that $2,000 was approved as part of the grant, of which $1,000 will be reimbursed.  The Fire Chief requested the use of $1,000 from the Town Administrator’s Matching Grant Account for the local match.

MOTION:       To approve the use of $1,000 from the Town Administrator’s Matching Grant Account #11232-58000 for the purpose of matching the NFP Grant, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Board of Health Agent

J. Malloy said that after reviewing last year’s salary survey and conducting interviews, it became apparent that there is not sufficient funds in the appropriation to hire a qualified Board of Health Agent.  He said that it appears that the reasonable cost is going to be approximately $54,000, and given the current budget and amount of time that the position has been vacant, there is a shortage of approximately $3,300 for the remainder of the year to pay this level of salary.  He said that it may be considered as a Reserve Fund Transfer, but he Board of Selectmen and the Finance Committee need to understand that the FY09 budget will show a larger increase if this is the range that the position is compensated.

J. Malloy reviewed the FY08 Salary Survey and found that the average salary for Board of Health Agents was approximately $61,000.  He recommended conducting evaluations every other year.

Miscellaneous

Free Cash certification is at $846,775, which is 3.8% of the General Fund Budget (the goal is 3.0% - 7%).  This includes the $100,000 appropriation at Town Meeting for the Town Hall repairs if the debt exclusion did not pass.  Once this is considered, the actual free cash would be closer to $947,000 or 4.2%.

NETCO

The Town Hall/Center School Building Committee received one bidder for the Owner’s Project Manager.  The bidder was Netco, which has done several very similar projects.  The Committee created a subcommittee to review the bid proposals, and the subcommittee rated the bid very highly and the Committee conducted an interview of the bidder on 9/27; their recommendation was to award the bid subject to references being checked.  J. Malloy checked three of their references, which were the City of Watertown’s Library ($12M) renovation; the Town of Ashburnham’s Public Safety Complex ($8.5M) and the Town of Dunstable’s Town Hall renovation ($2M), and all came back as excellent.  Both the Watertown and Dunstable projects were historic building renovation projects.  J. Malloy noted that their lump sum fee of $145,000 includes the Clerk of the Works during construction.

MOTION:       To award the bid for the Owner’s Project Manager FOR THE Town Hall/Center Office Building renovation project to NETCO as per their bid dated 9/21/07 for a lump sum fee of $145,000, and further to authorize the Town Administrator to execute any contract documents necessary to effect this bid award, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

Old Business

A.Wilson asked about the status of the Camp Robinson Crusoe project.  J. Malloy said that he has not received the signed contract yet, and will follow up.

A.Wilson asked about the meeting relative to the casino issue at the DCU Center.  J. Malloy said that it was well attended, with representatives from the Special Council for Indian Affairs.

W. Emrich commended Tom Chamberland for his work on the rededication of the Gold Star Mothers’ Monument and the dedication of the Lt. Joshua Booth Bridge.  He noted that Greg Morse and the DPW crew helped to beautify the monument, Bob Briere had done a lot of research, Chief Ford and the Police Department handled traffic on Holland Road, the members of the Marine Corps were great participants, and Senator Brewer and Rep. Smola did a great job on their speeches.  He said that there was a nice get together at the American Legion following the ceremonies.  T. Goodwin thanked W. Emrich again for his work, and he thanked the Booth family.  W. Emrich noted that Jack and Deborah Booth appreciated all that was done.

S. Halterman noted that the Board needed to assign an alternate member to the CMRPC.  He offered to serve as the alternate.

S. Halterman asked about the incremental cost of the Wastewater Treatment Plant.  J. Malloy said that he had spoken with Ian Catlow of Tighe & Bond about that, and it should be done in a week or so.  He and G. Morse, DPW Director, and Tighe & Bond will meet with the DEP to discuss the whole issue.

New Business

A.Wilson announced that the MMA Fall Conference for Selectmen will be held on October 13th at the Sturbridge Host Hotel, which he plans to attend.  He said that any Selectmen interested in attending should contact Judy Knowles for reservations.

A.Wilson said that regarding the casino issue, the Board should consider contacting the Chamber of Commerce to lead discussions in the area.  T. Goodwin said that he had attended the meeting the Sean Murphy, who gave some history regarding casinos.  He said that it is important to get Rep. Bosley to speak out here, and noted that he gives detailed numbers and information.

C. Blanchard asked whether there would be a Reserve Fund Transfer regarding the Board of Health Inspector’s salary.  J. Malloy said that there may need to be a Reserve Fund Transfer.  C. Blanchard asked whether there would be a problem getting a Reserve Fund Transfer to increase a salary that was approved at Town Meeting, without going back for approval of the increase from Town Meeting.  J. Malloy stated that he did not believe it was a problem, but would follow up.

C. Blanchard asked whether the Police Chief had been consulted about the application for Automatic Amusement Devices, since there had been some problems with them in the past.  J. Malloy said that the current application was for video machines, not gambling machines with prizes, as was the last issue where there was a problem.

C. Blanchard asked how many hours per week the Owner’s Project Manager would work.  J. Malloy said that the bid proposal was for 40 hours/week, but would be higher and lower at times, depending on work load.

Ask the Selectmen

J. Malloy said that there was a call from a resident who asked if it were possible to come to Town Hall to watch videos of meetings.  He said that it is possible to do that, and anyone interested in viewing the videos should contact Judy Knowles, Jean Bubon or himself.

A.Wilson received a call from Russ Chamberland, who pointed out that the manhole at the intersection of Arnold Road and Rt. 20 seems to be sinking.  J. Malloy said that he would talk to G. Morse, DPW Director about it.

T. Goodwin noted that it was the Booth family who had donated the food at the get together at the American Legion.  He gave a special thanks to Jocelyn Bouvier, Barbara Nelson and Lucy O’Malley.

Mary Blanchard asked if the Board needed to identify the exact reason for convening in executive session.  J. Malloy said that some people think that the Board should indicate what case is being discussed in executive session.  He said that that Board will be discussing Westville Development vs. Town of Sturbridge this evening.

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:     A.Wilson

Roll call vote:  All in favor.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date