BOARD OF SELECTMEN

MINUTES

OCTOBER 15, 2007

Present:          Hal White, Chairman

Steven Halterman

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 minutes of September 4, 2007 as revised, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Kaizen Restaurant – New Liquor License and Common Victualler License

MOTION:       To open the public hearing on a new Restaurant, All Alcohol Liquor License and Common Victualler License for Kaizen Restaurant, 479 Main Street, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

Attorney James Gerrish introduced Chau Hung Ho, the Manager of Kaizen Restaurant and Thuc Tang and Son Vo, owners of the restaurant.  He said that the restaurant will be open seven days a week, from 11:00 a.m. to 11:00 p.m.

MOTION:       To close the public hearing, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To approve the new All Alcohol Liquor License for TTS Trio Corp, d/b/a Kaizen Restaurant, naming Chau Hung Ho as the Manager as per the application, with hours of operation as 11:00 a.m. to 11:00 p.m., seven days/week, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To approve the Common Victualler License for TTS Trio Corp., d/b/a Kaizen Restaurant, per the application, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Fire Department Appointments

Fire Chief Leonard Senecal appeared before the Board.

MOTION:       To confirm the Town Administrator’s appointment of John Schofield, Lisa Rheaume and Kenneth Westberg as part-time Firefighter/Paramedics in the Sturbridge Fire Department, effective 10/16/07, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

MOTION:       To confirm the Town Administrator’s appointment of Heidi Curboy, Jennifer Gould, Andrew Cornell, Robert Connor and Joshua Brackett as part-time Firefighter/EMT-Bs in the Sturbridge Fire Department, effective 10/16/07, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

MOTION:       To confirm the Town Administrator’s appointment of Kevin Holstrom and Jason Kelly as part-time Firefighters in the Sturbridge Fire Department, effective 10/16/07, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

Chief Senecal introduced the new employees to the Board.  H. White noted that this is a significant step for the Town of Sturbridge, increasing the Fire Department staff with new personnel, new ideas, new enthusiasm to flesh out a most excellent Fire Department.  A.Wilson commended the Fire Chief and Town Administrator for their work in selecting the new staff members.

Chief Senecal thanked Captain John Marinelli and Captain Vernon Jackson for their assistance during the selection process.  He informed the Board that he sent all of the paperwork in to the state, and should have all of the necessary equipment shortly.

Regional Trail Committee Appointment

MOTION:       To confirm the Town Administrator’s appointment of Randy Redetzke to the Regional Trail Committee for an indefinite term, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Resignation

MOTION:       To accept the letter of resignation with regret, from John Snelgrove from the Council on Aging, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Plowing Contracts

MOTION:       To award the bids for plowing and sanding for the winter 2007/08 as per the bids received on 10/5/07 and per the recommendation from Greg Morse, DPW Director dated 10/5/07, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Appeal on McGilpin Road Tree Hearing

J. Malloy submitted to the Board the appeal from five residents on McGilpin Road related to the joint Tree Hearing held by the Planning Board and Tree Warden.  He noted that the Board needs to hold a hearing on what was filed.  H. White suggested it be scheduled for November 19, 2007.  J. Malloy agreed to provide the Board with a copy of the shade tree law.

Above Ground Tank Application

J. Malloy explained that the application is for an existing tank, but for a new owner.  No other changes have been made from the original tank permit.

MOTION:       To approve the above ground tank license for Omer Akisik at 149 Charlton Road for an 18,000 gallon gasoline tank, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

Automatic Amusement Device License

J. Malloy submitted to the Board an application for four phone card vending machines for C & R Games, Inc. d/b/a Coleman Music and Entertainment to be located at Pilot Travel Center, 420 Route 15.  A.Wilson asked why the application had not been submitted by Pilot Travel Center.  J. Malloy said that he would have Pilot Travel Center resubmit the application under their name.

Bio-Mag Contract

J. Malloy submitted to the Board the proposed contract with Cambridge Water Technologies which is being reviewed by Town Counsel.  He requested the Board’s approval to sign the contract for the first $90,000 as per the proposal, once Town Counsel has reviewed and approved the contract (with any changes Town Counsel may recommend).  The proposal is that the Town fund the demonstration project in the amount of $150,542 with the results being submitted to the USEPA and MADEP for approval of the new processing technology.  In return, the Town will either receive a full refund if the technology is not approved; or receive both a credit of the initial investment in the cost of the equipment for the new wastewater treatment plant and a guarantee that the equipment costs will be 50% of the comparable cost for membrane bioreactor, which is the type of plant Tighe & Bond was looking at designing for the Town.  J. Malloy reviewed existing appropriations with the Town Accountant that could be utilized, and there is an existing $93,309 remaining in two accounts that could be utilized (which were for engineering related to upgrading the wastewater treatment plant) from Article 25 from the 2003 Annual Town Meeting ($86,000) and Article 54 from the Special Town Meeting on December 14, 2004 ($7,309).  The remaining funds could come from transferring and closing out the remainder of Article 25 referenced above (belt filter press, plant water system and I & I study) as these have either been undertaken as part of the CWMP or will be done as part of a comprehensive wastewater treatment plant project.

S. Halterman asked whether it would be possible for Tighe & Bond to provide some information in plain English regarding the definition of BioMag.  J. Malloy suggested having Steve Woodard meet with the Board and give a presentation, and also have Tighe & Bond there to explain it.

S. Halterman suggested looking into alternative technology, and having Brian Furman of DEP meet with the Board for a discussion of different technologies.  A.Wilson said that the more information the Board has, the better its decisions will be.  He suggested having Tighe & Bond evaluate all of the various technologies and their costs.  H. White suggested inviting someone from the state make a presentation to the Board, possibly during the November work session; then in December someone from CWT could come in to explain it.  It was the consensus of the Board to agree with that.  J. Malloy said that he would start with Brian Furman.

Miscellaneous

Tax Bill Stuffer – J. Malloy submitted to the Board the tax bill stuffer and worksheets that provide the information used in the pie chart that has been included in the tax bill.  He noted that the tax rate has been approved by the state.  Due to the large increase in Chapter 70 aid, the % of the tax rate that goes to support the schools has gone from 85.5% in FY07 to 80.7% in FY08.

The reserve fund can be used for any purpose, including increasing salaries as may be necessary.  In the case that the Board had discussed previously, a reserve fund transfer will not be needed, as there are sufficient funds in the account.  The new Board of Health Agent will start on November 1st.

The Notice to Proceed was issued for Camp Robinson Crusoe and work will be proceeding in the next few weeks, with a deadline in mid December (75 days from the Notice).

Mass. Highway Dept. contacted J. Malloy and said that work on the portion of Rt. 131 from Maple Street to Hall Road will take place from Tuesday through Thursday (10/16/18).

Town Counsel indicated that the Board is not required to identify the exact nature of an executive session, just the purpose of the executive session as outlined in the statute.

Sturbridge Gardens

J. Malloy submitted to the Board a request from Sturbridge Gardens (through Jalbert Engineering) to install a sign on town property along Route 15.  Jalbert and the property owner understand that it will require a special permit from the ZBA; however, they were seeking the Board’s approval since it will be on a Town way.

J. Malloy said that this property is in the Special Use District on Route 15.  The issue is the wide right-of-way (approximately 80 feet) and the setback (100 feet) which would make the signage of any business in this area negligible.  When Route 15 was re-zoned, this issue was recognized and dealt with for PUBDs in the Special Use District (per Section 15.22 of the Town’s Zoning Bylaws), but was not addressed for other uses within the Special Use District.  J. Malloy attested that this was an oversight, and he sent an email to Jean Bubon, Town Planner, suggesting that the Planning Board review the PUBD language and extend it to the other uses in the Special Use District.  In the interim, this business will be submitting to the ZBA, but was seeking the Board’s approval.  J. Malloy said that he had design plans for their sign for the Board’s review.

A.Wilson commented that if the Board had a policy of charging one customer for placing a sign on Town property on Route 15, everyone else should pay also.  J. Malloy said that the billboard sign is substantially different from this situation, that this is a business sign.  W. Emrich said that the business would have no signage if the Board does not allow it.  J. Malloy added that the business would not locate in Sturbridge if the signage is not allowed.  There was a general consensus of the Board that it was OK for Sturbridge Gardens to install their sign on town property along Route 15.

Velvet Greene Donation

J. Malloy submitted to the Board an offer to donate trees to the Town from Velvet Greene Nursery.  As required by MGL Ch. 44, §53A1/2, the Board of Selectmen are required to vote to accept tangible personal property (trees).

MOTION:       To accept the donation of eight trees as outlined in the October 11, 2007 letter from Velvet Greene Nursery, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

It was the consensus of the Board to send Velvet Greene Nursery a letter of thanks.

Auctioneer’s License

MOTION:       To approve the Auctioneer’s permit for David Straight for an antique auction to be held on November 3, 2007 from 12:00 p.m. until 4:00 p.m. at 9 Holland Road, and to require a police detail in necessary, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Old Business

S. Halterman noted that there is a CMRPC meeting in November which he will not be able to attend.  He asked that the Planning Board be informed of that.

S. Halterman said that regarding the Fiske Hill Common, they were looking for a nod from the Board that it is a good project.  He noted that there has been a lot of discussion about the number of houses.  J. Malloy said that if a parcel of land extends into a neighboring community, they can obtain water and sewer from the other community.  He said that there is case law backing that up.  He said that he would get information from Town Counsel and give it to the Board.

S. Halterman said that he had attended a Planning Board meeting, and noted that suddenly there is a rezoning issue on Route 15.  J. Malloy said that it had become apparent that the uses there were too limited.  He said that in a special use zone, there are only a few uses allowed, and what the Planning Board is doing is taking a look at what was done and the potential need to expand the uses.

A.Wilson asked about the status of the sinking manhole at the corner of Route 20 and Arnold Road.  J. Malloy said that it is on the DPW schedule to be repaired.

A.Wilson asked about the meeting with the Center for Living.  J. Malloy said that he had met with them last week, and said that it will be in the $5,000 - $20,000 range.  He said that there are only three or four agencies in the state that are on the state list.  He said that he had sent a request to the CMRPC and the Community Opportunities Group to see if any of them have any interest in bidding on this.  He said that he would contact Lyndon at the USDA office.  He noted that a bigger concern is what comes out of the ADA review.

A.Wilson asked T. Goodwin if he had talked to the Chamber of Commerce regarding the casino issue.  T. Goodwin said that Alex McNitt is in the process of gathering information, and he will be talking to her again soon.

W. Emrich said that Tighe & Bond was going to get some cost estimates for the wastewater treatment plant at various levels.  J. Malloy said that he should receive it in a week or two.

W. Emrich said that regarding the sewer situation with Southbridge, he expressed concern that someone could buy land, then dictate what is built there by making a deal with another town.

New Business

S. Halterman said that there was a meeting with the Public Lands Advisory Committee, and he had put together some questions and comments, which he sent to David Barnicle, Chairman of the Conservation Commission, Ed Goodwin of the Conservation Commission and Jim Malloy.  He submitted a copy to the Board.  He recommended letting the PLAC look at what he had written, make comments and have a discussion with them.  J. Malloy said that there is an area on Leadmine Road with a small kiosk with a map showing the trails, and maps are needed to put into the kiosk.  H. White suggested scheduling a follow-up meeting with the PLAC before the budget is done.

A.Wilson asked whether the abandoned buildings at Camp Robinson Crusoe were posted.  J. Malloy said that the contractor is responsible for doing it.

S. Halterman said that Chief Ford had asked him to help with the interviews for a new Police Officer, but he is not the liaison to the Police Department.  J. Malloy noted that A.Wilson is the police liaison.

A.Wilson said that a developer had submitted a plan to the Conservation Commission relative to the Old Sturbridge Village land (where the motel had been).  He suggested inviting the developer to meet with the Board regarding water/sewer issues.  T. Goodwin suggested inviting Old Sturbridge Village personnel also.  It was the consensus of the Board to invite them to come in.

A.Wilson said that he had attended the MMA Selectmen’s Conference at the Sturbridge Host Hotel, where some of the speakers discussed the casino issue, and its relation to state income and expenses and town income and expenses.  Other topics included “It is easy being green:  innovative ideas that save” and how news is generated.

J. Malloy said that he went to the ICMA Conference, where he attended sessions regarding how to renew the passion for public service, persuasion and influence, giving effective presentations, automation and the economy, big hairy audacious goals, why civic surveys matter, new frontiers of change, growing hidden talent, calling all leaders and volunteers, etc.  He discussed the Citizen Leadership Academy.

T. Goodwin said that he had spoken with Jean Bubon, Town Planner, about the property with the parking lots at Old Sturbridge Village, but there is nothing that can be done about the situation under the current bylaws.  He suggested that the Board look at the zoning bylaws.  He asked how to improve signage on Route 20, and suggested working with the Planning Board to come up with an overall strategy.

W. Emrich announced that there will be a Burgess Building Committee Community Meeting on October 23rd.

W. Emrich reported on the Field Study Committee and how they were doing.

Ask the Selectmen

W. Emrich received a call from a resident, who said that the audio and video had been turned off.

W. Emrich received a call regarding the policy at Old Sturbridge Village for free entrance for Sturbridge residents, asking whether it was still the case.  J. Malloy said that it was part of the payment in lieu of taxes agreement with OSV.

S. Halterman received a call asking when the tax bills will go out.  J. Malloy said that they would be sent out any day now, and the Dept. of Revenue has just approved the tax rate.

S. Halterman received a call regarding a storage container next to the Sovereign Bank, asking whether it was legal.  J. Malloy said that it might be there because of a temporary construction project.

S. Halterman received a call regarding a correction to the minutes concerning the operating deficit.  J. Malloy said that it will be reduced to approximately $100,000 for this fiscal year, not including the appropriation from free cash.

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