BOARD OF SELECTMEN

MINUTES

MARCH 3, 2008

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 February 19, 2008 as amended, by S. Halterman.

2nd:     T. Goodwin

Vote:  Four in favor; W. Emrich abstained.

MOTION:       To accept the executive session minutes of February 19, 2008 as amended, to remain confidential, by A.Wilson.

2nd:     S. Halterman

Fire Chief Leonard Senecal – Discussion re. Warrant Articles

Article 29:  Acceptance of MGL Ch. 148, §26H

Chief Senecal and Capt. John Marinelli appeared before the Board.  Chief Senecal said that the purpose of Article 29, MGL Ch. 148, §26H is to require that all existing lodging or boarding houses with six or more people living in it have automatic sprinkler systems.  He noted that if the pressure system is not adequate for a building, it is then his decision how to handle it with a sprinkler system or not.  J. Marinelli said that this article must be adopted by the Town, and it would cover any new construction under the state law with six or more occupants, and it would not apply to existing lodging houses.  It would be enforced by the Building Inspector and the Fire Department.  It was the consensus of the Board to hold action pending further information.

Article 30:  Acceptance of MGL Ch. 148, §26I

J. Malloy said that this article would require that all of the listed facilities that were substantially renovated install sprinkler systems, to be determined by the Building Inspector or Fire Department.  Chief Senecal noted that it is for new construction and renovations.  It was the consensus of the Board to hold action pending further information.

Article 31:  Acceptance of MGL Ch. 148, §26E

J. Malloy said that this article would mandate that all one and two family homes have smoke detectors.  H. White asked whether it would be retroactive.  Chief Senecal said that it would be retroactive.  J. Malloy added that it is part of the state building code, but the Town needs to accept the statute so that it may be enforced.

Article 32:  Acceptance of MGL Ch. 148, §26G

J. Malloy said that the acceptance of this statute would require all buildings over 7,500 sq. ft. to be sprinklered for fire protection. He noted that it applies just to renovations, new construction and additions.

Special Town Meeting Warrant:

Article 64:  Fire Department Overtime

J. Malloy said that due to one firefighter attending the Mass. Firefighting Academy and another on an extended injury during FY08, there was a need to fill shifts at times when only full-time firefighters were available, which resulted in increased overtime costs.  He noted that Chief Senecal and Barbara Barry, Finance Director, worked on it last week, and there is additional information to justify it.

Article 65:  Fire Department Other Charges

J. Malloy said that this article will provide funding necessary for mileage and meal reimbursements for a full-time firefighter attending the Massachusetts Firefighting Academy.

Discussion on Tree #25 on McGilpin Road

T. Goodwin recused himself from the Board at 6:55 p.m.

H. White read a statement into the record.  He said that the Board of Selectmen had before it a petition to immediately undertake all necessary steps to:  a) Rescind its December 3rd decision to stay the removal of tree #25; b) To order the Sturbridge Tree Warden to have that tree removed as soon as possible; and c) To instruct the DPW Director to undertake all necessary steps to ensure that the road width throughout McGilpin Road as is consistent as possible, to ensure the highest degree of safety for pedestrians as well as personal, commercial and public safety vehicles.

H. White reviewed the circumstances that brought the town to this point.   He said that on May 22, 2005, DPW Director Greg Morse discussed with the Board of Selectmen a proposal to repair McGilpin Road in a 3-phase project that would result in a McGilpin Road normative width of 21 feet, but with sections that could be as narrow as 19 feet.

He said that the Board of Selectmen had held a public hearing on September 8, 2005 to discuss the proposed McGilpin Road construction.  They learned at that public hearing about the 3-phase plan for selective widening, for the installation of drains and catch basins, and for the paving or repaving of the road.  He noted that Phase 1 of the construction was conducted in 2006 and 2007.

He said that a joint public hearing was held by the Planning Board and the Sturbridge Tree Warden on September 25, 2007, and as a result of the public hearing, the Town was granted permission to remove 48 trees located within the area of the McGilpin Road Phase 2 road construction project.  This decision was “permissive” not “mandatory,” that it is “allowed” but did not “order” the removal of these 48 trees.

He said that several residents appealed on October 9, 2007 to the Board of Selectmen, as was their right under Mass. General Law and the Sturbridge General Bylaws, the decisions of the Sturbridge Tree Warden and the Planning Board.  He noted that Mass. General Law does not provide for an appeal of a Planning Board decision by the Board of Selectmen, but on November 1, 2007, Town Counsel confirmed the right of the Board of Selectmen to hear the appeal of the Tree Warden’s decision under MGL Ch. 17, Paragraph 4.

He said that on November 1, 2007 the Town applied for and was later awarded a $2,000 Mass. Urban Forestry Grant to prune, trim and cable five heritage trees on McGilpin Road.

He noted that the Board of Selectmen conducted a public hearing on December 3, 2007 to review the decision of the Sturbridge Tree Warden.  During that hearing, advocates for saving Tree #25 presented information that two arborists using resistographs (a tool not available to the Tree Warden) had investigated Tree #25.  Both arborists found that despite some problems, Tree #25 is in good health, so removal of the tree is not warranted.  The Board was also reminded that there were six trees on the Town Common that had been pruned and cabled.  At the conclusion of the public hearing, the Board of Selectmen voted to authorize the removal of all hazard trees except Tree #25, and none of the heritage trees.  The Board also voted to allow the cutting of trees and the widening of the 15 foot wide section to 18 feet, and any trees within the transition zone would be removed.

The Board of Selectmen, at a subsequent meeting, voted to “place and support” Warrant Article #54 for the Special Town Meeting scheduled for January 28, 2008.  Voters at that Special Town Meeting did not approve a Substitute Motion for the Town to appropriate the sum of $1,600 for the purpose of maintaining Tree #25.

A Sturbridge resident, in a letter dated February 4, 2008 offered a donation to preserve Tree #25.  The Town Administrator was asked to contact both Town Counsel and the Town’s insurance carrier to review this offer.  On February 6, 2008, the Town Administrator forwarded Town Counsel’s opinion to the Board of Selectmen, and on February 29th the Town Administrator provided the response of the Town’s insurance carrier.

He noted that during the February 19, 2008 Board of Selectmen meeting, three residents spoke against the Board’s December 3rd decision.

On February 20, 2008 the Town Administrator was presented with a petition.  In conclusion, H. White said that every resident of Sturbridge wants the Board of Selectmen to do the “right thing.”  He felt that the Board has been placed in a no win situation, as it has before it two mutually exclusive positions, each position that of residents who care deeply and passionately for the Town.  He said that there is no objectively “right” or “wrong” decision, and any decision made by the Board will be faulted and second-guessed by those whose position the Board did not support.

A.Wilson noted that the minutes of the December 3, 2007 meeting do not specifically say that Tree #25 should be spared or not spared, and the motion does not specifically address Tree #25.  S. Halterman said that his motion was about the widening of the area, and noted that Greg Morse, DPW Director, had commented that buses had sometimes been stuck on McGilpin Road, and also noted that it would be too difficult to make a sharp turn there.  After that, S. Halterman had suggested cutting the trees in the transition zone.

MOTION:       To reconsider the Board’s vote on December 3, 2007 regarding the removal of Tree #25, by S. Halterman.

2nd:     A.Wilson

Vote:  Two in favor; two opposed.

The motion did not pass.

Stacey Courtney offered to submit pictures to the Board, and noted that McGilpin Road is 11 feet, 10 inches wide.  H. White interrupted and said that the Board could not accept any additional information outside of the public hearing, and the public hearing was closed.

W. Emrich noted that a stake has been placed to indicate what the road width will be at that point, approximately 18 feet – 20 feet.

MOTION:       To accept the February 4, 2008 offer of Linda Cocalis with the following conditions:  1) That the work be done at no cost to the Town; 2) That the work be done by a licensed arborist approved by the Sturbridge Tree Warden; 3) That the work be done under the supervision of, and within any conditions set by, the Sturbridge Tree Warden; 4) That the work be completed by May 1, 2008 unless that date be extended with the consent of both the DPW Director and the Tree Warden, by S. Halterman.

2nd:     W. Emrich

Vote:  Four in favor.

T. Goodwin rejoined the Board at 7:15 p.m.

Special Town Meeting Warrant

Article 59:     Route 131 Project Land Acquisition

J. Malloy said that as part of the Route 131 reconstruction project there are several easements that need to be acquired by the Mass. Highway Dept. and this 191 square foot acquisition is to ensure that Wallace Road is wholly within the Town’s right-of-way.

Article 60:     Well #4 Additional Appropriation

J. Malloy said that this project was originally approved in September 2001.  It has taken several years to obtain approval from the Mass. DEP, and during that time two issues have affected the total cost for this project.  The first is inflation of seven years; the second is that the original project included a pump house and water lines to the existing water treatment plant; the project as it is now proposed includes a second (smaller) water treatment plant at the Shattuck Road site and water lines to the existing line that crosses I-84 at Shattuck Road.

Article 61:     Plastic Bag Reduction Bylaw

J. Malloy informed the Board that this was proposed by two Dynamics in Democracy Program students from Tantasqua Regional High School.  It would ban the use of disposable plastic bags at the checkout counters at larger retail stores such as Shaw’s, Stop N Shop and WalMart.  He noted that the students have asked the Board to be co-sponsors on the article.  W. Emrich noted that the Board of Health will have the primary responsibility for enforcing it.

Article 62:     Camp Robinson Crusoe Bridge Project – CPA

J. Malloy said that a student who was volunteering for the Public Lands Advisory Committee developed this idea for the Dynamics of Democracy Program and worked with the Technical Division at Tantasqua Regional High School, the Conservation Commission and Community Preservation Committee to get this project designed and constructed by the Technical Division of the High School and DPW to assist in installing the bridges over the summer.  The costs associated are for supplies and materials.

Article 63:     Unclassified – Group Insurance

J. Malloy said that during this fiscal year the Town has seen more employees joining the Town’s health insurance program, which has increased the total cost associated with this account.  For FY08 the Town planned on 59 family participants and 49 individual participants and the actual figures were 65 and 57 respectively.

Article 64:     Fire Department Overtime

Article 65:     Fire Department Other Charges

These articles were discussed previously.

Article 66:     Joshua Hyde Library Purchased Services

J. Malloy said that this appropriation will provide funding for shortfalls due to higher than budgeted costs for electricity and gas.

Article 67:     Livery in Commercial Zone (2/3 vote required)

J. Malloy said that this bylaw would allow taxi and livery (limousine) services in the commercial zone in town.

Route 131 Engineering Contract

MOTION:       To amend the contract between the Town of Sturbridge and Parsons for the Route 131 Design Services by $18,400 for a total lump sum amount of $250,000, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

License Agreement with Mass. Turnpike

MOTION:       To approve the non-revenue license agreement #238-08 between the Town of Sturbridge and the Massachusetts Turnpike Authority to be dated March 3, 2008 and further to authorize the Town Administrator to execute said license agreement on behalf of the Board of Selectmen, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Heritage Tree Grant

MOTION:       To authorize the Town Administrator to be the authorized signatory on the grant contract between the Commonwealth of Massachusetts and the Town of Sturbridge for the Heritage Tree Grant, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Disclosure

MOTION:       To determine that the financial interest described in the attached Disclosure of Financial Interest by Muncipal Employee and Determination of Appointing Authority is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the Town Administrator and further to authorize the Chairman of the Board of Selectmen to sign the determination, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

DPW Appointments

MOTION:       To confirm the Town Administrator’s appointment of John Christianson as a Laborer/Driver in the Public Works Department, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

MOTION:       To confirm the Town Administrator’s appointment of Timothy Pupka as a Laborer/Driver in the Public Works Department, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Snow and Ice Deficit

MOTION:       To approve deficit spending of the following Snow & Ice Removal Accounts:

14231-51300                        Overtime                               $5,000

14232-52000                        Purchase of Services        $20,000

14232-54000                        Supplies                               $20,000, by W. Emrich

2nd:     T. Goodwin

Vote:  All in favor.

Miscellaneous

MIIA response on Tree #25 – J. Malloy submitted to the Board the response from the Town’s insurer regarding the coverage for the Town if Tree #25 is maintained.

J. Malloy submitted to the Board the SATA minutes from their last meeting.

J. Malloy submitted to the Board the DPW Director’s comments on the drainage complaint at 343 New Boston Road.  The Board decided to hold its discussion until the DPW Director has met with the resident and provided an update to the Board.

CMMPO

J. Malloy informed the Board that there is a vacancy on the Central Massachusetts Metropolitan Planning Organization.  He noted that this is an important board that makes recommendations on how federal highway dollars are spent.  They requested that a member of the Board of Selectmen serve on this committee.  He noted that their next meeting will be held on March 19, 2008.  S. Halterman and W. Emrich indicated that they had conflicts on that evening.  H. White suggested that it be brought up again at the next Board meeting.

DCR – Thames River Contract

MOTION:       To approve the contract between the Massachusetts Division of Conservation Resources and the Town of Sturbridge, and to authorize the Town Administrator to execute the contract and act as the authorized signatory on any related documents, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

Miscellaneous

J. Malloy submitted to the Board two articles regarding plastic bag reduction in grocery and other stores.

J. Malloy submitted to the Board a graph that Kevin Smith asked him to develop.  The graph was in last year’s budget packet and J. Malloy updated it.  He noted that FY09 is the first year that he is aware of that State Aid will be more than Local Receipts for the Town.

J. Malloy submitted to the Board a chart that was recently referenced on statistics from past town reports.

Old Business

S. Halterman said that he had received an email from Alexandra McNitt of the Chamber of Commerce, and he sent an email to J. Malloy requesting that it be added to an addendum to his history of SATA.

S. Halterman said that he had attended the casino meeting, and they will try to clarify the mission of the Western Mass. Casino Task Force.  He noted that they had made a strong statement that they are neither for nor against casinos.

S. Halterman said that he had received a few emails from John Gotti, who is working on the Casella landfill issue.  He suggested that the Town get a lawyer who is familiar with landfill issues.

S. Halterman asked about the status of the wastewater allocation bylaw.  H. White said that the Board had voted to place it on the warrant.  He suggested that the Board discuss it later.

A.Wilson asked when J. Malloy expected a response from the Conservation Commission and Board of Health regarding comments on Spaho.  J. Malloy said that it will appear on the next warrant.

A.Wilson asked whether J. Malloy had contacted CME to ask for a quotation on the engineering study for the ballfields.  J. Malloy said that he had met with Lynne Girouard, Recreation Coordinator last week, and provided them with the basic scope of work.

W. Emrich suggested the Board discuss the code of conduct and the revised Committee Handbook.  It was the consensus of the Board to take it up on March 17th.

W. Emrich said that he had emailed the 61-page report on ecotourism and the summary to the Economic Development Committee, which could be discussed when the Board meets with the EDC on March 10th.

W. Emrich asked about the process of how an area becomes part of the sewer service area.  J. Malloy said that some areas have been petitioned and some were residents with septic issues.  Money is appropriated, then a meeting is held with the residents; after that it goes through the Board of Selectmen and Town Meeting.  W. Emrich asked whether Champeaux Road could be included as part of area #11.  S. Halterman said that the Board could still make Champeaux Road a part of #11, as the Board has not finalized the process by which to move forward.  W. Emrich suggested that it be discussed at a future meeting.

W. Emrich asked whether J. Malloy had the summary for the Heritage Partnership Study.  J. Malloy said he did not, and noted that what Jim Donohue had referenced at the meeting is not complete yet.  He will come in to give the Board a “state of the Village address.”

New Business

S. Halterman asked whether Ian Catlow of Tighe & Bond had sent Power Point slides to J. Malloy.  J. Malloy said that he had the slides, and will print them off for the Board.

S. Halterman said that he had met with Alexandra McNitt, who was interested in learning about how the Board had come up with 1.1 for the wastewater treatment plant, and asked who is in charge of enforcing the sign bylaws.  J. Malloy said that the Design Review Committee and the Building Inspector are in charge of signage.  S. Halterman said that A. McNitt had said that there is a need for a clear and concise design standard, and the zoning and plan review standards need to be re-thought.  J. Malloy noted that there was a bylaw proposed six or seven years ago that addressed it, but it failed.  S. Halterman said that the sewer moratorium was not very well explained, and the Board needs to be sensitive to that.  He suggested that the Board make sure that people really understand the flows.  H. White said that the Board has always taken time to explain it.  S. Halterman suggested posting information relative to the wastewater treatment plant on the Town’s website.  H. White suggested that he put A. McNitt’s comments in writing and send copies to the Town Administrator, Building Inspector, Town Planner and Board of Health.

A.Wilson had heard on the radio that the Supreme Court had ruled that the towns could tax poles.  J. Malloy noted that the value of closing the loophole would come to approximately $250,000/year.  He said that the values will be set by the state DTE.  He said that he will attend a fiscal policy meeting on March 4th at MMA and find out more information.

H. White said that there will be a Low Impact Development Workshop on March 19th at Town Hall, which will focus on impact development and regulatory techniques, followed by a question and answer session.

H. White announced that the Finance Committee will meet on March 4th at 7:00 p.m. at the Senior Center to discuss the wastewater treatment plant.

H. White announced that the public hearing for the Tantasqua budget will be held on March 5th at 6:00 p.m. at Tantasqua Jr. High School.

H. White announced that the public hearing for the Burgess budget will be held on March 6th at 7:00 p.m. at Burgess Elementary School.

Board of Health

George Berry and Dawn Toon of the Board of Health appeared before the Board.  H. White asked them for a brief summary of the meeting they had regarding the Southbridge landfill and Sturbridge rights under state law.  G. Berry said that he had received a call from a citizen, asking whether he was aware that Sturbridge should have been notified by certified letter about the landfill issue in Southbridge.  He said that he had asked J. Malloy to get involved, as G. Berry’s term is up this year and there should be continuity.  He said that another resident on Fiske Hill contacted him to express concern about odors.  Three meetings were held, and Mr. Casella’s representative submitted tapes and transcripts to the Sturbridge Board of Health.  J. Malloy noted that he had read the transcripts.  G. Berry said that attorney Nick Anastastopoulos suggested starting from scratch, as Sturbridge should have been invited to attend the meetings by Southbridge.  G. Berry said that he would like to meet with the Health Agents from Southbridge and Charlton, then start the process.

A.Wilson suggested that G. Berry do that on his own.  H. White said that from a legal point of view, Casella and Southbridge should start over and invite Sturbridge to attend the meetings.  He suggested that G. Berry invite the Health Agents to meet with him informally, as three concerned citizens, one from each town (Sturbridge, Southbridge, Charlton).

J. Malloy noted that Mirick O’Connell was hired to represent Sturbridge, because Kopelman & Paige is representing Southbridge.  He said that he has read the packet of information, and will work with G. Berry and the Board of Health.  He noted that the Southbridge landfill is a construction and demolition landfill, with a small amount of municipal waste (household garbage); now they want to change those numbers to include municipal waste from around the state, which will change the characteristic of the waste.  A.Wilson asked whether they had identified the other municipalities that will be bringing trash to Southbridge.  J. Malloy said that they have not identified them yet.

Sherri Hostage, 111 McGilpin Road, said that approximately 60% of the waste will come from Boston; 40% will come from Springfield, and noted that there will be a lot of truck traffic to the Southbridge landfill.  She informed the Board that Casella Waste Management violations are listed online, and she felt that they would not make a good neighbor.  She suggested that the Board take it under advisement.

Linda Cocalis, 110 McGilpin Road, notified the Board that Southbridge has been meeting with Charlton going back to 1999 or as late as 2004.  She expressed concern about the health and well-being of the residents of Sturbridge.  She thanked the Board and the Town Administrator for making this issue a priority.

H. White noted that Sturbridge has an excellent Board of Health and special counsel to support the Board of Health.  J. Malloy said that at the next meeting, the Board should discuss engaging a licensed site professional in the engineering field to provide professional advice to special counsel.

Special Town Meeting Warrant

Article 59:  Route 131 Project Land Acquisition

MOTION:       To place Article 59 on the warrant, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

A.Wilson noted that Mass. Highway Dept. is obligated to do all of the right of way work and land taking for the project.  J. Malloy said that he has volunteered to get as many easement issues taken care of as possible.  He has sent a follow up letter to residents, and if he does not get results, he will turn it over to Mass. Highway to have them pursue it.

MOTION:       To support Article 59, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Article 60:  Well #4 Additional Appropriation

MOTION:       To place and support Article 60, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Article 61:  Plastic Bag Reduction Bylaw

MOTION:       That the Board sponsor and place Article 61 on the warrant, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Article 62:  Camp Robinson Crusoe Bridge Project – CPA

MOTION:       To place and support Article 62, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Article 63:  Unclassified – Group Insurance

MOTION:       To place and support Article 63, by S. Halterman.

2nd:     A. Wilson

Vote:  All in favor.

Article 64:  Fire Department Overtime

MOTION:       To place and support Article 64, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Article 65:  Fire Department Other Charges

MOTION:       To place and support Article 65, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article 66:  Joshua Hyde Library Purchased Services

MOTION:       To place and support Article 66, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Article 67:  Livery in Commercial Zone

MOTION:       To place and support Article 67, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To close the warrant for the Special Town Meeting for April 28, 2008, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Annual Town Meeting Warrant

Article 3:  Utilization of Free Cash

It was the consensus of the Board to review the revenue and expenditure figures before voting on it.

Article 9:  Allocation of Sewer Flow

S. Halterman said that it would be premature to consider it at this time; the Finance Committee will take it up at their meeting on March 4th.  The Board agreed.

MOTION:       To rescind the placement of Article 9 from the warrant, by S. Halterman.

2nd:     W. Emrich

T. Goodwin said that it should be up for discussion at Town Meeting.  H. White suggested not rescinding it, but revising the article so that it reflects the numbers that the Board has allocated for residential, commercial and industrial in a 1.1 plant.  He said that step 1 would be the excess amount that the Town has promised, and current flow plus reserve add up to more than the plant capacity.  He said that step 2 would be to look at the additional capacity that the Board thought necessary for residential, commercial and industrial and allocated that additional capacity over a 20 year period.  T. Goodwin expressed concern about high demand in the beginning.  J. Malloy said that the Board should consider that sewer bylaws and water bylaws can be adopted by the Board as necessary, acting as Water and Sewer Commissioners.  H. White said that within the next two weeks the Board could vote to rescind or rework the bylaw.  T. Goodwin offered to work with S. Halterman and J. Malloy to work on it.  S. Halterman withdrew his motion; W. Emrich withdrew his second.

Article 14:  Burgess Elementary School Renovation -- $40.6M

Article 15:  Burgess Elementary School Renovation -- $17.9M

Charles Blanchard informed the Board that on Saturday, March 8th at 9:30 a.m. there will be a meeting of the School Building Committee, Finance Committee and the architect for a walk-through of the building.  He invited the Board of Selectmen to attend.  He said that any questions about the renovation could be answered at that time.  It was the consensus of the Board to post it as a Board of Selectmen meeting so that the members could attend.

J. Malloy said that he would draft a letter to Katherine Craven.  C. Blanchard said that they are planning to move forward without School Building Authority funding, and K. Craven is aware of it.  J. Malloy said that the Power Point presentation has been updated, and he is doing calculations for the March 31st meeting agenda of the SBA.  C. Blanchard noted that a major renovation is needed, not just repairs.  He said that nothing that has been done to date is counter to the SBA regulations.  He suggested adding to the motion that it would be subject to 45% SBA reimbursement, to keep it moving forward without the necessity of going to Town Meeting again.

Article 29:  Acceptance of MGH Ch. 148, §26H

H. White noted that the Board is waiting for information on Article 29.

Article 30:  Acceptance of MGL Ch. 148, §26I

MOTION:       To support Article 30, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Article 31:  Acceptance of MGL Ch. 148, §26E

MOTION:       To support Article 31, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Article 32:  Acceptance of MGL Ch. 148, §26G

MOTION:       To support Article 32, by S. Halterman.

2nd:     T. Goodwin

S. Halterman expressed concern about the way the article is worded.  J. Malloy said that he would review it before the next Board meeting.  S. Halterman withdrew his motion; T. Goodwin withdrew his second.

Article 35:  Acceptance of MGL Ch. 41, §19K and §108P and Ch. 59, §21A

MOTION:       To support Article 35, by T. Goodwin.

2nd:     S. Halterman

H. White noted that it would affect four elected positions and three town employees, and having it would produce a dual compensation system.  He directed J. Malloy to go back to the Personnel Committee and survey other towns.  He said that it would divide groups into the “haves” and “have nots” as to who benefits from state law.  He said that if certification is required, it should be part of the prerequisites of the positions.  A.Wilson noted that the Town pays for all of the course work that it takes to get certifications, and said that it should be included in position descriptions.

Vote:  Five opposed.

MOTION:       To recommend no action on Article 35, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article 40:  Sturbridge Area Tourist Association

MOTION:       To support Article 40, by A.Wilson.

2nd:     W. Emrich

H. White said that SATA is a private organization that is being subsidized by the Town.  It was the consensus of the Board that it needs more discussion.  J. Malloy said that he would email the summary page to the Board.  A.Wilson withdrew his motion; W. Emrich withdrew his second.

Article 45:  Sewer Service Area Bylaw Amendment

MOTION:       To support Article 45, by S. Halterman.

2nd:     T. Goodwin

H. White said that it needs further study, and reference back to Article 9 to make sure that there is no redundancy between the two articles.  S. Halterman withdrew his motion; T. Goodwin withdrew his second.

Ask the Selectmen

There were no calls.

MOTION:       To convene in executive session under MGL Ch. 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.

The Board convened in executive session at 10:30 p.m.

Respectfully submitted,

Judy Knowles

_______________________________

BOS Clerk                             Date