BOARD OF SELECTMEN

MINUTES

NOVEMBER 5, 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 minutes of October 1, 2007 as amended, by A.Wilson.

2nd:     W. Emrich

Vote:  Three in favor; H. White abstained.

MOTION:       To accept
the minutes of October 15, 2007 as amended, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

MOTION:       To accept
the executive session minutes of October 15, 2007 as submitted, to remain
confidential, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

Library Board of Trustees – Salary Issue

Richard Callaghan, Chairman
of the Library Board of Trustees, appeared before the Board with a salary
equity issue.  He said that Judy
McDonald and another librarian were hired within a month of each other; it was
an oversight that J. McDonald is being paid 94 cents per hour less than her
fellow employee.  When they were
hired, J. McDonald was hired as a regular work week librarian, and the other
person was hired as a Sunday librarian.
He requested that J. McDonald’s wage be raised to $16.25 per hour,
retroactive to July 1, 2007.  He
noted that they have state aid grant funds to pay her at that level for the
current fiscal year.

J. Malloy said that the
problem is that the funds aren’t available in the town budget, and that
the Library was proposing to pay the costs out of a grant.  Next year it will need to be included in
the FY09 budget.  He said that he
did not have the authority to approve expenditures without an appropriation
that is part of the budget process.

It was the consensus of the
Board to approve the wage increase for Judy McDonald, knowing there will be a
corresponding budget request for an increase in FY09.

ADA Self
Evaluation and Transition Plan

J. Malloy submitted to the
Board the proposal from the Center for Living and Working, Inc. in Worcester to
conduct their review and develop a plan, which is the ADA self evaluation on
actions that the Town needs to consider.
As part of the audit of federal funds the Town has received from USDA,
the Town was found to be in non-compliance with this requirement.  The USDA approved the use of grant funds
from the Woodside Circle/Westwood
Drive project, since the Town will not be
utilizing 100% of the grant to pay the costs associated with this project.  J. Malloy attempted to obtain three
quotes from similar organizations around the state, CMRPC and a private
consulting firm.  CLW was the only
agency that submitted a quote; therefore, he determined this to be the sole
source for this procurement.

MOTION:       To award
the ADA Self Evaluation and Transition Plan Project to the Center for Living
and Working Inc. as per their quote of $22,500 dated October 2007; and further
to authorize the Town Administrator to execute any contract documents to
implement this project, and for the costs to be paid from the USDA grant, by W.
Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Hydraulic Modeling Consulting

J. Malloy said that he and
Greg Morse, DPW Director, initiated some of the projects that were approved by
Town Meeting in regard to the water system.  As per the Town Meeting vote to
appropriate funds to conduct a hydraulic modeling of the Town’s water
distribution system, Tighe & Bond has provided a proposal to conduct this
work as per their original estimate of $45,000.  J. Malloy and Greg Morse are working with
Tighe & Bond to develop a proposal for the water tank repainting and to
address some potential contract amendments on the Well #4, which may come
before the Board in the next 2-3 meetings to keep these projects moving
forward.

MOTION:       To approve
the proposal by Tighe & Bond to conduct hydraulic modeling of the
Town’s water distribution system as per their proposal dated October 23,
2007; and further, to authorize the Town Administrator to accept the proposal
at a cost of $45,000, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Common Victualler License

Zafar Iqbal submitted an
application for a Common Victualler license for the Stop-n-Save on Route 20, an
existing business with a new owner.

MOTION:       To approve
the Common Victualler license for Zafar Iqbal for the Stop-N-Save located at 400 Main Street, by
W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Senior Municipal Service Program

MOTION:       To approve
the Senior Municipal Service Program application of Thomas Freeland working for
the DPW Department, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

Executive Session Minutes

MOTION:       To approve
the release of the following executive session minutes:  12-15-03; 1-5-04; 2-2-04; 2-17-04;
3-23-04; 4-5-04; 1-18-05; 2-6-06; 5-1-06; 10-2-06; 11-6-06; 12-18-06; 1-16-07;
2-26-07; 3-5-07; 3-12-07; and 6-18-07, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Appointment

MOTION:       To approve
the Town Administrator’s appointment of Roxann Smith to the Agricultural
Commission, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

Bio-Mag Process

J. Malloy noted that at the
last meeting he had requested that the Board approve the use of $93,000 in
funds from existing appropriations for the purpose of initiating the Bio-Mag
demonstration project at the Wastewater Treatment Facility and to close out
some existing appropriations and appropriate the remaining funds at a Special
Town Meeting for this project.  J.
Malloy contacted Bryant Firman from Mass. DEP and requested that he meet with
the Board to discuss alternatives to this technology.

MOTION:       To
authorize the Town Administrator to execute the agreement between the Town of Sturbridge and Cambridge
Water Technologies as per the contract as modified by Tighe and Bond, by
A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

Property and Liability and Workers’ Compensation
Insurance

MOTION:       To accept
the MIIA offer for FY09 and FY10 and to authorize the Town Administrator to
execute the proposal, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Wastewater Treatment Plan Estimates

J. Malloy submitted to the
Board updated cost estimates for wastewater treatment plants ranging from 1.1
MGD to 1.5 MGD, in 100K increments.
The range is now estimated between $17.3M to $21.3M for 2010 estimated
construction.  This is for a
Membrane Bio-Reactor (MBR) plant that Tighe & Bond has proceeded with as
part of the consideration in the CWMP and is not the estimate if the Town is
able to move forward with the Bio-Mag plant, which is estimated to cost
less.  A firm estimate will not be
available until after the demonstration project is completed and design can be
undertaken, if the technology is approved.

It was the consensus of the
Board to invite Tighe & Bond to the work session on Tuesday, November 13th
instead of Bryant Firman.

Miscellaneous

There was some question regarding the process of
the Scenic Road Hearing that the Planning Board held and the Tree
Warden’s hearing and the appeal that the Board had received.  J. Malloy submitted to the Board a
string of emails between himself and Town Counsel and a copy of the statutes
that are referenced in the emails.
He also submitted to the Board an email from Tom Chamberland regarding
the hearing date of November 19th, which he can’t
attend.  He will be available
on December 3rd.  It
was the consensus of the Board to hold the hearing on December 3rd,
and to notify the residents of McGilpin
Road.

At the meeting that the Selectmen had held with
the residents of McGilpin
Road, it was referenced that Southborough has
speed bumps.  J. Malloy
contacted Southborough to inquire, and submitted their response to the
Board.

The Board had asked about the ability for the
Fiske Hill Commons condo project in Sturbridge to connect to municipal
water and sewer in Southbridge.  J. Malloy submitted to the Board a
string of emails between himself and Stephen Madaus at Mirick
o’Connell (special counsel on the Southbridge Sewer issue).

The Town received a request to accept a deed to
the water rights to Leadmine Pond.
J. Malloy forwarded the information to Town Counsel and Shirin
Everett provided a response which raises several concerns.  Given that there is public access
to the lake, J. Malloy did not believe that the Town needs to own the
water rights.  He noted that
Leadmine Pond is a great pond, so the public has the right to access it.  It was the consensus of the Board
to get more information on it, and to check on the pros and cons.

MMA Annual Meeting – J. Malloy reminded
the Board that registration packets were sent out.  He said that if no Board members
were planning on attending, he would like to start sending some of the
department heads, using the funds in the Board’s budget.

There was a discussion at the last meeting
regarding Sturbridge Nursery seeking to place a sign on Route 15.  A. Wilson had inquired about curb
cuts/driveway permits.  J.
Malloy submitted to the Board Section 6.60 of the Town’s General
Bylaws which explains in great detail the requirements and permitting
process which is done through the DPW Director.

Correspondence

A.Wilson said that on
November 2, 2007 the Board received a letter from Tom Creamer, Chairman of the
Planning Board, relative to potential changes in the Zoning Bylaws.

MOTION:       That the
items 1 through 5 in the Planning Board letter of November 2, 2007 be returned
to the Planning Board so that they can proceed with the public hearing, by
A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

Old Business

Regarding the Old Sturbridge
Village land, A.Wilson
asked about the status of inviting the developer and OSV to meet with the
Board.  J. Malloy said that he had
spoken to Jim Donohue about it, and it would make more sense to wait until the
developer has firmed up his plans.

A.Wilson asked about the
status of Camp Robinson Crusoe.  J. Malloy said that last week they
completed the removal of hazardous materials from the site, and subject to the
approval of the clean air test, they pulled a demolition permit from the
Building Inspector.  He said that
they may start removing the building next week, and it should be done by the
end of the month.

A.Wilson said that the
Police Chief should be rescheduled for his monthly report.  J. Malloy said that he will meet with
the Board on November 19th.

A.Wilson said that the Board
has a consensus for the Town Administrator to draft a letter to the other towns
regarding late notification of the Tantasqua School Committee budget meeting
when the budget was discussed; the actual letter was stamped one day prior to
the meeting.  J. Malloy said that he
did not send a copy to the other towns.

W. Emrich said that Steve
Halterman gave the Board questions from the Public Lands Advisory Committee,
and asked about the status of it.
J. Malloy said that he would respond to the PLAC on as many things as he
could, then will take it from there.
W. Emrich suggested putting it online on the Town’s website.  J. Malloy agreed to do it.

W. Emrich said that the
Tighe and Bond report mentions “contingency.”  He said that he needed a better
understanding of what that means.
J. Malloy said that he will talk to Ian Catlow about it.  He noted that they had used estimated
flows identified on the map.

W. Emrich asked whether the
Board will get to discuss changing bylaws, such as a 2/3 vote at Town Meeting
for the sewer extension bylaw and a building cap.  H. White said that the Board had
received a draft from Greg Morse, DPW Director and J. Malloy which the Board
could discuss at the December work session.  J. Malloy suggested that the Board
discuss it at the next meeting.

W. Emrich asked how it
happened that the wastewater treatment plant is over its capacity, and what
could be done to prevent it from happening again after more capacity has been
added.  J. Malloy said that
modifications have been done to the Hobbs Brook pump station, and as he updated
the Sewer Study Report he added calculations regarding flow to Southbridge.  He noted that the calculations were
based on having that pump station turned so that the flow would go to Southbridge.  The Hobbs Brook pump station can pump
150,000 gpd.

H. White proposed sending a
thank you letter to the state Highway Dept., Senator Brewer and Rep. Smola for
their help and quick response toward the paving of Route 131, for the timing
and the job that was done.

New Business

W. Emrich asked whether
there was a code of ethics.  J.
Malloy said that there is a state ethics law that the Town must comply
with.  W. Emrich said that the town
of Wales is
putting together a code of ethics, and asked whether the Board should consider
doing one.  J. Malloy said that the
Board had discussed it a few years ago, and they looked at the state ethics law
and decided not to pursue it at that time.
The issue had come up on how to enforce a local ethics law, and he noted
that an Ethics Commission would have to be established.  He said that there have not been a lot
of ethics issues.

T. Goodwin asked whether MMA
has a list of towns that have their own ethics laws.  J. Malloy said that very few towns have
done it, and suggested inviting someone from the State Ethics Commission to
discuss it with the Board.

T. Goodwin said that he had
met with the president of Old
Sturbridge Village
as an individual, and suggested having a liaison to OSV.  He volunteered to be the liaison.  He said that they discussed OSV’s
finances.  The president suggested
starting a dialogue with the Board of Selectmen.  T. Goodwin said that the most vital part
of the town is Main Street,
and the Economic Development Committee, Planning Board and Zoning Study
Committee should focus on how to improve Main Street.  W. Emrich agreed, and said that Main Street is an
area that needs to be revitalized.
A.Wilson said that the Zoning Study Committee had requested that the
Board of Selectmen look at developing off street parking on Route 20.  T. Goodwin said that the Board should
express its point of view, and its long term vision for the town.

T. Goodwin asked about the
status of the Route 15 proposal.  J.
Malloy said that he was asked to discuss the Rt. 15 Study Committee Report with
the Planning Board.  He said that as
Chair of the Committee, he was very involved with the process.  T. Goodwin said that it is an
opportunity to create a dialogue with the Planning Board, and suggested that
the Board of Selectmen discuss it.
He expressed concern that light industrial is difficult to get, and
suggested that the Board think in terms of a 30 year window.  A.Wilson recommended the book
“Gambling in America”
which talks about businesses, development, income, employment, etc.  He said that it is a fascinating book of
economics which applies to some of the things the Board is talking about on
Route 15.  W. Emrich said that in
looking at the zoning of that land and what is allowed there (theater, athletic
fields, etc.), these are things that would be good to have for the
community.

Tom Creamer, 359 Leadmine Road,
said that there are some things going on regarding Route 15 that he was not
aware of.  He said that it is early
in the game for speculating on what may happen at a future Planning Board
meeting.  He said that it takes
water and sewer to get any type of industrial development.  He said that they are not talking about
changing anything.  J. Malloy said
that the study that was done in 2000 by Mass. Development required that there
be public funding for the extension of water and sewer to make it a viable area
for an industrial park, otherwise it would be unlikely to see Rt. 15 developed
as it is currently zoned.  T.
Creamer said that the Board had voted not to rescind its approval to extend
sewer service down Route 15.  H.
White said that the Board did not fully explain why the Board had rescinded its
earlier approval.  A.Wilson said
that there were economic issues at the Kelly Road Mobile Home Park, such as
what it would cost for them to connect to town sewer; they chose to develop
their own on site sewage treatment system, which was more cost effective for
them.

J. Malloy read the
Veterans’ Day activities program, which had been submitted by Tom
Chamberland, Veterans’ Agent.

Ask the Selectmen

T. Goodwin said that there
were no calls.

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

_______________________________

BOS Clerk                             Date