BOARD OF SELECTMEN

MINUTES

DECEMBER 17, 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.

H. White made the following statement:  “There was an incident during the Board of Selectmen’s meeting on Monday, December 3rd.  Charges and allegations relating to that incident have been investigated by the Sturbridge Police Department and will be resolved by the judicial system.  However, I want to take this opportunity to remind everyone that I will not tolerate disruptive behavior during any Board of Selectmen meeting.  Any disruptive behaviors that interfere with this Board’s ability to conduct the business of the Town are never acceptable and, in fact, are illegal.  Please be advised that appropriate and immediate action will be taken to rectify any such inappropriate behaviors.”

Approval of Minutes

MOTION:       To approve the minutes of December 3, 2007 as amended, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To approve the minutes of November 19, 2007 as submitted, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Worcester Firefighters 109

Frank Raffa of the Worcester Firefighters 109 appeared before the Board to address the disparaging remarks made by Edward Goodwin regarding Thomas Creamer.  He said that Thomas Creamer currently serves as Chairman of the Sturbridge Planning Board.  He has been given numerous awards, and he has been nominated for the U.S. Community Service Award; he has been recognized by the United Way for teaching CPR to 3500 people annually and on his own time and expense.  He dedicated 32 years of his life to public safety and national defense as a former Marine, specializing in chemical, biological and radiological warfare, and for the last 12 years as a Special Operations and Counter-Terrorism Advisor to the U.S. Dept. of Defense, the Dept. of Justice, the U.S. Attorney’s Office and the Dept. of Homeland Security.  He served as a member of the Worcester Fire Dept. for nearly 20 years until his retirement.  He taught the FBI at Quantico.  He was a member of the Trident Foundation that responds to airline crashes.  He was involved in Flight 800 and recovering bodies.  He was an excellent firefighter, and to use the term “dysfunctional firefighter” not only insults T. Creamer, but firefighters across the country.  F. Raffer requested an apology from the Board.

T. Goodwin said that if his father’s comment had insulted firefighters, he was very sorry.  He said that his grandfather had been a firefighter, and no one holds firefighters in higher esteem than his family.

Tom Chamberland, Tree Warden re. Tree Advisory Committee

T. Chamberland, Tree Warden, requested that the Board appoint a Tree Advisory Committee to advise and assist him.  He said that there is a recommendation from the Dept. of Conservation and Recreation for communities to have a Tree Advisory Committee.

Linda Cocalis expressed interest in serving on the Tree Advisory Committee, as well as Joe Kowalski, Assistant Tree Warden.  She said that the new Committee could categorize and rate hazard trees and heritage trees.  She said that it would be a community effort and would be a great way to support the Tree Warden.

T. Chamberland said that the Committee appointments would be open to all residents, and he and J. Malloy could review the applicants.  J. Malloy said that he had sent an email to T. Chamberland regarding the problem with Section G of the proposed bylaw.

A.Wilson said that it is a proposed bylaw that must be adopted at Town Meeting.  He indicated his support of the concept.  H. White suggested that T. Chamberland work with J. Malloy and Town Counsel to put it in the proper format for a warrant article for the Annual Town Meeting.  J. Malloy said that the warrant articles must be submitted to him by January 15, 2008, as the warrant must be closed on the first meeting in February.  It was the consensus of the Board to move forward with it.

T. Chamberland said that he would submit an article regarding tree #25 on McGilpin Road.  He said that he had applied for a Heritage Tree Grant for $4,000 for six trees on McGilpin Road, and the application was favorably received.  He noted that the Town would need to match it.

Position Descriptions

J. Malloy submitted to the Board revised position descriptions as approved by the Personnel Committee.  H. White suggested putting it on the agenda for the January 7, 2008 meeting so that the Board members would have time to review them.

Planning Board Articles

MOTION:       To submit the zoning bylaws (Ch. 15 & Ch. 25) to the Planning Board for review, by A.Wilson.

2nd:     H. White

Vote:  All in favor.

Forestry Applications

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

2nd:     W. Emrich

Vote:  All in favor.

Christian Krueger appeared before the Board.  He had submitted forestry applications for 138 Walker Pond Road and 49 Ladd Road, both of which had been reviewed by the DPW Director and the Conservation Commission.

A.Wilson noted that there is already a bond and an open permit for 138 Walker Pond Road.  J. Malloy said that the $5,000 bond is for the forestry, not the property.

MOTION:       To approve the Forestry Application on 138 Walker Pond Road subject to maintenance of the current bond and subject to any conditions set by the Conservation Commission, and logging trucks should conform to the school bus schedule, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

MOTION:       To approve the Forestry Application on 49 Ladd Road subject to the maintenance of the current bond and subject to any conditions set by the Conservation Commission, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To close the public hearing, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

ABCC Seasonal Population Estimate

MOTION:       To approve the seasonal estimate of population at 20,000, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

IOD Claim

MOTION:       To approve the Injured on Duty Claim of Russell Chamberland for the injury sustained on an ambulance call on 11/27/07 as per MGL Ch. 41, §111F, by W. Emrich.

2nd:     T. Goodwin.

Vote:  All in favor.

Tighe & Bond Change Orders

MOTION:       To approve Change Oder #3 to the Woodside Circle Sewer Project for engineering services in the amount of $20,000, dated 11/30/07 and to authorize the Town Administrator to execute Change Order #3, by W. Emrich.

2nd:     T. Goodwin

A.Wilson requested a detailed breakdown of the hours in the projected estimate and the hours that represent the extra $20,000.  J. Malloy said that it must be accounted for with the USDA.

MOTION:       To approve the Change Order #1 on the Well #4 New Water Supply Source Project in the total amount of $115,701 as identified on the individual cost items shown on Attachment B dated 11/30/07 and to authorize the Town Administrator to execute Change Order #1, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

A.Wilson requested more information on the amount due to inflation.

MOTION:       To authorize the Town Administrator to execute the proposal for the Tank Rehabilitation Projects for the St. Anne’s and Stallion Hill Water Tower, dated 11/30/07 in the amount of $48,500, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

A.Wilson said that the way it is worded, there is no oversight during the painting phase, but he felt that it is necessary.  J. Malloy said that Tighe & Bond will be there during the painting of the tank.  H. White said that it should be clarified, specified and documented.  The consensus of the Board was to proceed with the amendment.

Charlton Water Request

J. Malloy submitted to the Board a request from the Town of Charlton to purchase public water supply from the Town of Sturbridge.  He suggested that it would be worthwhile to have an initial meeting with Charlton officials as part of a regular Board meeting.

Miscellaneous

J. Malloy suggested inviting the Dept. of Fisheries and Wildlife to meet with the Board during a work session.  J. Malloy said that they need to discuss the control of weeds in ponds, and he noted that the dams need work and should be inspected.  He recommended inviting the Conservation Commission and the PLAC to meet with them to discuss it.  The Board agreed.

T. Goodwin suggested that the Board discuss with the Economic Development Committee how the Town could attract the right type of businesses.  S. Halterman suggested a dialogue with the business community.  H. White suggested inviting the Economic Development Committee and Chamber of Commerce to meet with the Board to discuss it.

Resignations

MOTION:       To accept the letters of resignation from Carol Childress and Russell Chamberland from the Community Preservation Committee with regret, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Snow and Ice Supplies

MOTION:       To authorize the DPW Director to deficit spend in the Snow and Ice Control Account #14232-54000 Supplies Account and for the DPW Director to include the total amount expended for Snow and Ice Removal as part of his regular report to the Selectmen, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Direct Deposit

MOTION:       To approve the Finance Director to transmit the direct deposit on 12/24/07 and 12/31/07, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

H. White suggested sending an email to the Board to confirm when the warrants are ready.

Miscellaneous

J. Malloy informed the Board that he will be on vacation from December 24th through January 1st, and Greg Morse, DPW Director, will be the Acting Town Administrator during that time.

J. Malloy commended the DPW for their work during the last two storms.  He noted that they did an excellent job clearing sidewalks also.

J. Malloy commended the Police, Firefighters and EMTs for their assistance with the fire in Southbridge.

A.Wilson noted that the Board had received correspondence from Lorraine Murawski, Town Clerk, regarding the Town Hall furnace, recommending the installation of a backup alarm system for when the furnace goes out.  J. Malloy said that it will be put in once the building has been renovated; if it is installed now, it may have to be ripped out during the renovation.  A.Wilson noted that the alarm system costs approximately $225.  H. White said that J. Malloy is responsible for the building.

Old Business

A.Wilson asked about the status of the Camp Robinson Crusoe project.  J. Malloy said that they are almost done, and he had received an email from the Town Engineer indicating that all of the buildings have been taken down except for two.

W. Emrich asked whether a date had been set for the Department Heads to meet with the Board and Finance Committee for a budget meeting.  J. Malloy said that he had spoken with Kevin Smith, Chairman of the Finance Committee and Barbara Barry, Finance Director, and they determined that a budget meeting could be held on January 19th.

W. Emrich asked about the completion date for the Sturbridge Heritage Partnership Study.  J. Malloy said that a strategic planning session was held last week, and a report will be available soon.

W. Emrich suggested having an off-site work session.  J. Malloy said that he would contact Jeff Nutting to serve as facilitator.  He said that he could get a room at the Publick House for a session.  H. White suggested that J. Malloy find out if Jeff Nutting would be available for a Saturday morning meeting, and the Board could discuss it again on January 7th.

T. Goodwin asked about the status of the School Building Committee.  W. Emrich said that the next meeting will be held on January 9th, after which time they will meet with the school committees.  J. Malloy said that he could go through the material and put it into a format.

T. Goodwin requested that J. Malloy copy him on any emails with developers or businesses that are interested in coming to Sturbridge.  J. Malloy said that Jean Bubon, Town Planner, has more interaction with them.  T. Goodwin said that it is important to look at the causes and reasons that businesses leave town and evaluate the problems.

H. White said that he continues to receive complaints about cable service, and when people call Charter Communications they have a 10-15 minute wait for customer service.  He requested that J. Malloy find a phone number for people to get a quicker response.  J. Malloy said that he has not had that problem with the cable company, and suggested that residents contact him.  He has a business contact who has been assigned to the Town of Sturbridge, Robert Spain.

H. White noted that J. Malloy’s performance review is due, and asked that the Board be provided with blank Town Administrator performance evaluation forms.

New Business

S. Halterman said that he and A.Wilson decided to serve on the Regional Casino Task Force Committee, but neither of them will be able to attend the first meeting on Wednesday.

H. White said that House Bill 4651 (introduced by Rep. Todd Smola) asks the state to return to the towns $450 million withheld by the state.  The proposal is that the money be returned as unrestricted local aid.  The consensus of the Board was to support the bill and to send a letter to Rep. Smola, Senator Brewer, the House Whip, the President of the Senate and the Governor.  T. Goodwin suggested sending it to the neighboring communities.

H. White said that he had read an article about Rom’s Restaurant indicating that a developer has taken an option on their property.  He suggested sending a letter to Rom’s indicating that the Board is prepared to help them find another location in Sturbridge.

Ask the Selectmen

W. Emrich 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; not to reconvene in open session, by T. Goodwin.

2nd:     S. Halterman

Roll call vote:  All in favor.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date