BOARD OF SELECTMEN

MINUTES

APRIL 22, 2008

Present:          Steven Halterman, Chairman

Ted Goodwin

Scott Garieri

Mary Blanchard

Hal White

James Malloy, Town Administrator

H. White called the meeting to order at 6:30 p.m. following the Pledge of Allegiance.

Reorganization of the Board

J. Malloy asked for nominations for Chairman of the Board of Selectmen.

MOTION:       To nominate Steven Halterman for Chairman of the Board of Selectmen, by H. White.

2nd:     M. Blanchard

Vote:  Four in favor; S. Halterman abstained.

S. Halterman asked for nominations for Vice-Chairman of the Board of Selectmen.

MOTION:       To nominate Ted Goodwin for Vice-Chairman of the Board of Selectmen, by S. Halterman.

2nd:     M. Blanchard

Vote:  Four in favor; T. Goodwin abstained.

S. Halterman asked for nominations for Clerk of the Board of Selectmen.

MOTION:       To nominate Scott Garieri for Clerk of the Board of Selectmen, by H. White.

2nd:     M. Blanchard

Vote:  Four in favor; S. Garieri abstained.

S. Halterman thanked H. White for his leadership over the past year, noting that there have been a lot of accomplishments, of which the Board is appreciative.  He thanked W. Emrich for his hard work over the past three years on behalf of the Board, and acknowledged his contribution.  He thanked A.Wilson for the wonderful job he has done serving the town for many years.

T. Goodwin welcomed the two new members of the Board, Mary Blanchard and Scott Garieri.

Uno Chicago Grill – Change of Manager on Liquor License

Uno Chicago Grill had submitted an application for a Change of Manager from Gene Ryan to Nick Vavalle.  J. Malloy informed the Board that all of their paperwork was in order.  The question came up as to whether Nick Vavalle was TIPS certified.  He will need to apply for that.

MOTION:       To approve the Change of Manager application from Gene Ryan to Nick Vavalle for Uno Chicago Grill, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Approval of Minutes

MOTION:       To accept the minutes of March 10, 2008 as corrected, by H. White.

2nd:     T. Goodwin

Vote:  Three in favor; M. Blanchard and S. Garieri abstained.

Massachusetts Food Association

Brian Houghton, Vice President of the Massachusetts Food Association appeared before the Board to discuss the proposed plastic bag ban, which would affect Shaw’s, Stop and Shop and WalMart.  He explained that they work on behalf of the members of their association.  He recognized Conor Neal and Ryan White for their commitment and proactive effort toward improving conditions in the Town.  He said that Shaw’s, Stop and Shop and WalMart feel that the proposed plastic bag ban is discriminatory, as it is based on the square footage of the floor of a business (over 35,000 square feet).  He said that although it is a well-intentioned ordinance, it unfairly puts a burden on only three operators in the town, and is not a comprehensive approach.  He suggested pursuing another avenue.  He added that to impose such a measure would disrupt their operations, put an undue hardship on their businesses and increase their costs.  He noted that each of the three stores offer reusable bags for their customers, and the problem is what people do with the bags afterward, not the bags themselves.  He thanked the Board for their time.

Karen Chavalotti of Shaw’s appeared before the Board and submitted information to them.  She said that Shaw’s has a recycle bin at the store for plastic shrink wrap, which is turned into decking, benches and railings.  Paper bags are made available for their customers.  She said that Shaw’s has a partnership with a recycling bank, and they are awarded points on the number of pounds of recycling material that is picked up at the store.  She said that their first 100 customers of the day were each awarded a free reusable bag.  She said that students from Burgess who bring in plastic bags will receive a reusable bag, and Shaw’s will donate a Trex bench to Burgess.

Kate Weiner and Mike Murphy of Stop and Shop appeared before the Board.  K. Weiner said that Stop and Shop also collects plastic bags which are picked up and recycled into decking and benches, etc.  She said that there is a promotion underway to get customers to use reusable bags.  For every bag that a customer brings in to fill (instead of a plastic bag), five cents will be deducted from that customer’s shopping order.  Many items are recycled in the store.  She suggested educating the public about recycling.

S. Garieri asked about an estimate as to what the financial hardship would be to Stop and Shop if the plastic bag ban article is accepted by the town.  K. Weiner said that it would change the way that the store is run, and would have an impact on the operation of the store.

Chris Buchanan of WalMart appeared before the Board and submitted some information to them.  He noted that no one had proactively reached out to WalMart during the process, and said that he would rather talk about a partnership with the town for increased public education instead of a reaction to the plastic bag article.  He said that WalMart has a green store design.  He noted that WalMart is involved with the Kids Recycling Challenge, which generates money for schools, and the kids have been doing a great job being part of the civic process.  He said that they view the plastic bag article as discriminatory.  He said that plastic bags serve a purpose in terms of perishable goods such as fish and meats.  He recommended promotion of recycling awareness instead of a ban on plastic bags.  He noted that WalMart implemented the “sandwich bale,” of compressed plastic, and has successfully diverted approximately 97 million pounds of plastic from landfills.

M. Blanchard said that the students did make an attempt to speak to people at the stores.  S. Garieri asked where the 35,000 sq. ft. figure had come from.  Conor Neal said that they got the 35,000 sq. ft. number from the San Francisco bylaw.  He said that he and Ryan White had dropped off letters and the bylaw at the service desks at the stores, and encouraged the stores to contact them, but they did not.  He and R. White then made follow up calls.

J. Malloy said that there is very little information available that is unbiased.  He noted that it takes about 30,000 lbs. of plastic to make just one bench, and when you look at what they are recycling, the amount that comes from plastic supermarket bags is very low.  S. Halterman said that he is impressed with the recycling efforts and greening of the companies, and suggested the town move forward with a partnership with them.  H. White calculated the WalMart figures and came up with 4 million plastic bags from one store in one year.

S. Garieri expressed concern that the plastic bag ban is limited to only stores of 35,000 sq. ft. and over, and suggested that businesses be treated equally.  H. White noted that the point was made at the March 3rd meeting of the Board of Selectmen that this is a first step, which would spread townwide later.

T. Goodwin commented that if you pay for garbage pickup, you are paying for these plastic bags already.  He suggested the Board think about what to do to move forward.

Kathy Neal, Conor’s mother, objected to the use of the word “discrimination,” and pointed out that the Family Medical Leave Act applies to businesses with 50 or more employees; sprinklers are only required in buildings of a certain size, to give a few examples.  She said that town bylaws have to go through the Attorney General’s office for approval, and not all laws treat all people the same way all of the time, but they are still valid.

Robin James also took issue with the term “discrimination,” and commented that tax bracket codes are not equitable either, and there is a lot of precedence there.

S. Halterman said that good points were made on all sides, and commended everyone for the work that was done in terms of environmental protection.

Spaho

Leonard Jalbert, P.E. appeared before the Board.  M. Blanchard recused herself from the Board at 7:30 p.m., as it concerned a development off Farquhar Road, where she resides.

L. Jalbert said that the project initially had 21 connections on the property, which were all released, and there were problems with the Conservation Commission as to the removal of a lot of trees in the leach field areas.  He noted that the site was serviced by Town water.  He said that in the event that leach fields were installed, 50-60,000 gallons of water would be added to the watershed, approximately 400 gpd/household.  He said that relative to the Board of Health, a force main had to be installed, and was installed due to high bacteria loading within the lateral itself.  He noted that there is an issue with odor on the site.  He suggested connecting to the existing lateral that was installed.

S. Garieri asked what the issue was, if there were 21 hookups originally, and now they are asking for five.   L. Jalbert said that there was a question as to whether or not they could hook up to the lateral.  He said that they purchased property on Farquhar Road for access to Route 131, and they will donate 13 ½ acres for open space, recreational use and conservation.  They were not able to get all of the permits.

H. White said that the beginning goes back over eight years, and at that time there were condominiums being discussed; then there was a discussion of 20-21 units, never 21 sewer connections.  He said that the trade off at that point was for 14 sewer connections and open space for the community.  He noted that the 14-15 connections expired and were no longer on the table, and the plan had not been certified at that point.  There was one connection at the time of the sewer moratorium.  He said that it is going from one connection to five, and the cutting of trees is a non-issue.

T. Goodwin quoted David Barnicle, Chairman of the Conservation Commission, as saying that he had taken a site visit, and the clearing of the land would be environmentally destructive to the parcel.  He said that both options should not be on the table.  He suggested leaving a large number of trees in place that would otherwise be removed.  He said that if they would guarantee leaving the large trees on the side of the environmentally sensitive area, he would be in favor of granting sewer at the site.

H. White noted that it is an environmentally sensitive area, with wetlands and a steep slope to the north of it.  He said that the trade off should be some type of deed restriction so that there would not be construction toward the wetland or the steep slope.  He said that there should be a covenant to protect the sensitive area.  S. Halterman said that the trees should be left in the buffer zone.  L. Jalbert said that any tree removal within the buffer zone would require a hearing with the Conservation Commission for any trees over 2” in diameter.  S. Halterman said that the law requires anyone doing work within the buffer zone to file with the Conservation Commission.  L. Jalbert said that the laterals that would be installed would be within the jurisdiction of the Conservation Commission, which would automatically address the leach field areas.  T. Goodwin suggested that the Board approve the sewer on the conditional approval of the Conservation Commission.

MOTION:       That the Board approve four additional lots for Spaho on Regep Way as per Spaho’s application, with the understanding that any tree removal designated for septic systems would have to go to the Conservation Commission for approval, by T. Goodwin.

2nd:     S. Garieri

Vote:  Four in favor.

M. Blanchard rejoined the Board at 7:50 p.m.

Bill Aquadro – Sewer Abatement

Bill Aquadro appeared before the Board.  J. Malloy said that at the last meeting, the Board had asked Mr. Aquadro to provide some additional information for the original and outstanding betterment assessment on his property.  The original betterment assessment was $9,843.40 for both 101 and 104 Cricket Drive; 101 Cricket Drive has been paid in full and there is an outstanding principal balance of $5,906.04 on 104 Cricket Drive.  The two properties were combined, and are now one lot.

MOTION:       That the Board go forward with starting the process on special legislation to grant the Board the authority to consider an abatement on a betterment assessment after the six month expiration period in which appeals can be heard; and further, to instruct the Town Administrator to place an article to request special legislation for the next Special Town Meeting, by T. Goodwin.

2nd:     M. Blanchard

Vote:  All in favor.

Bio-Mag Cost Estimate

Ian Catlow and David Healey from Tighe and Bond appeared before the Board.  They had worked with Steve Woodard of Cambridge Water Technologies on developing a revised cost estimate.  I. Catlow said that in 2007 the Town had entered into an agreement with Cambridge Water Technologies for a four-month pilot program with a new technology, Bio-Mag.  He said that Bio-Mag adds a ballast material which attaches to the solids and pulls them out of the mixture.  D. Healey said that about two years ago the Town recognized that there would be a CWMP.  He said that it was recognized that the technology currently in use, which holds solid back and lets the liquid through, is passe’.  He said that the new technology has been tested, and they recommend that it continue to be tested.  He noted that the results are promising, and they are favorably impressed with it.  He stated that the Bio-Mag technology represents a 20% reduction in cost, and they have not completed their evaluation.  He said that CWT has some advantage on operating costs, and the big advantage is in capital cost.  He noted that membrane technology is only about 10 years old.  He said that they should finish their analysis in approximately 2-3 weeks, and there is the likelihood that CWT will be the most cost effective solution.  In terms of scale, they have shown previously that when a plant is made bigger, the cost goes up; with CWT there is an advantage that the cost will not go up dramatically.  He said that the finish date of June 2009 (the 18 months to bid and construct) will have to change.

J. Malloy said that the Sturbridge Annual Town Meeting is April 28, 2008, and it is safe to go forward with those numbers.  He said that he would write a letter to Tighe & Bond recognizing the professionalism and extra effort that they have provided to our town.  S. Halterman said that it has worked out very well for everybody; there are technologies available, and this is a great opportunity for Sturbridge and the Quinebaug River.

Sewer Service Area Reserve Flow Update

J. Malloy provided an update to the reserved flows as part of the Sewer Service Area Bylaw.  The information that he received from the Building Department was that there were 13 lots for Escape Estates; in reviewing the Selectmen’s approval, there are nine lots.  He will reconcile the four lot difference, which only equates to 800 gpd flow.  The following is the difference between the last update (dated 11-29-06) and the current:

Sturbridge

WWTF            Total

11-29-06        4-10-08          4-10-08

Estimated Flow (12-mo.avg.)          616,000          650,000          650,000

Reserved Flow                                  146,000            90,490          110,890

Total Flow                                          748,000          740,490          760,890

Miscellanous

Southbridge Sewer Billing Rate – J. Malloy informed the Board that the original billing rate, which was $2.00 per 100 cubic feet until late 2005, when it was increased.  The current rate works out to $6.15 per 100 cubic feet.

J. Malloy indicated that there was a letter from Barbara Hitchcock on the correspondence list; he submitted to the Board the letter that she referred to and her response to that letter last fall.  He recommended that the Board set a date for May 5th for her to file a dock application.  The Board agreed to that.

Building Permit Fees – The Building Inspector indicated that the average for a stick built home is 12 inspections, while there are four inspections for mobile homes.  The current building permit rate is $6.00 per thousand of value.  Based upon this information and the discussion at the last meeting regarding the SRCC’s request for a lower building permit fee, J. Malloy recommended that the Board amend the fee schedule and not consider this particular project independently.  He recommended amending the fee schedule to include a “Mobile Home Building Permit Fee” of $2.00 per $1,000.

MOTION:       To amend the Fee Schedule to include a manufactured home permit fee of $2.00 per $1,000, by T. Goodwin.

2nd:     M. Blanchard

Vote:  All in favor.

Town Hall/Center Office Contract

MOTION:       To approve the requested contract change order with PLACES in the amount of $3,210.00 as per their April 8, 2008 letter from William Murray, PLACES Project Manager to J. Stewart Roberts; and further, to authorize the Town Administrator to execute any contract documents to effectuate this contract change, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

R.E. Brown & Company Contract

MOTION:       To approve the agreement between the Town of Sturbridge and R.E. Brown & Company to perform audit services for the period FY09 through FY11 for the cost of $25,000 per year and $5,000 per year for the Single Audit and further to authorize the Town Administrator to sign the agreement, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

J. Malloy suggested having Union 61 pay a portion of the single audit.  It was the consensus of the Board to agree with that.

Mandatory Water Ban

It was the consensus of the Board to lean toward the stream gauge trigger rather than the calendar trigger.

Town Meeting Statement

J. Malloy read an email from Angela Cheng-Cimini into the record.  She drafted a statement to read at Town Meeting regarding withdrawal of the Building Committee’s article for the Burgess Elementary School renovation project.  She explained that the Building Committee is working with the School Building Authority to move forward, and their next steps include a formal review of the feasibility study, then a schematic design to sketch a school to 10% or 15% completion.  Based upon that design, the entire scope of the project will be agreed upon and a final reimbursement rate determined.  Although Sturbridge is eligible for a minimum of $0.51/dollar, these monies have not yet been formally committed by the SBA.  As such, they have instructed the Building Committee not to move forward with the Town Meeting article; instead the Committee will look to have funds appropriated at the 2009 Town Meeting.

Old Business

H. White suggested there be a substitute motion for Article 10 Wastewater Treatment Plant.

MOTION:       That the Board consider having the Town Administrator create a substitute motion for $17,800,000, by H. White.

2nd:     T. Goodwin

Vote:  Three in favor; M. Blanchard and S. Garieri opposed.

S. Halterman said that the Board should put a question and answer document on the Town’s website discussing the Selectmen’s rationale, facts and reasoning regarding the Wastewater Treatment Plant, and prepare a handout for the Town Meeting.  He noted that he had submitted it by email to the Board, requesting that they not respond, as it would be a violation of the Open Meeting Law.

S. Halterman said that regarding ecotourism, the Conservation Commission has control of a few properties and they are looking for a generic logo for trails.  J. Malloy said that Erin Jacque had spoken to him about this, and there is a cost involved.  He said that there will need to be an appropriation for $3,500 to cover the expense of designing signage or a logo.  He suggested contacting the National Park Service for assistance.

S. Halterman submitted to the Board a pamphlet regarding the Smart Growth and Preservation Workshop on June 5th in Dudley to see whether they would consider attending it.

New Business

M. Blanchard made a public disclosure that she is a full-time teacher and her son Michael is a Sergeant in the Sturbridge Police Department.

MOTION:       To approve the disclosure submitted by Mary Blanchard, by T. Goodwin.

2nd:     S. Garieri

Vote:  Four in favor; M. Blanchard abstained.

T. Goodwin suggested going to the Economic Development Committee for an analysis regarding the possibility of creating a full-time position for an Economic Development person at Town Hall.  He said that they could work with the Board, Town Administrator and Personnel Committee to see how that position should be filled and how to fund it.  S. Garieri said that the position should be created by the Town Administrator and the Finance Committee.  M. Blanchard agreed.  She said that it is not within the scope of the EDC to come up with a job description, and should be done in house, with their input.  H. White said that it should begin with the EDC by having them state the benefits to it, then turn it over to the Personnel Committee.  S. Garieri suggested finding out what Charlton’s Economic Development person does and how the position is funded.

S. Halterman read Bob Briere’s question into the record as to why all of the Sturbridge residents vote on the size of the Wastewater Treatment Plant, instead of just the sewer customers.  J. Malloy said that the reason why everybody votes on it is that if the sewer customers defaulted on it, it would become the responsibility of all of the residents.

S. Halterman announced that there will be a meeting with Jack Healey on May 7th at 10:00 a.m. at Southbridge Town Hall.

Ask the Selectmen

H. White received a call from Carol Goodwin, who asked a question regarding the Bio-Mag process, as to whether there would be an impact on the discharge temperature.

H. White received a call from Ginger Peabody, who suggested having a local contest to cover the cost associated with the branding/logo for open space and trails.

Russell Chamberland called to inform the Board that the Town Meeting Warrant is posted behind a locked display case at the Fiskdale Post Office, so that only the first page is visible.

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 S. Garieri.

2nd:     H. White

Roll call vote:  All in favor.

Respectfully submitted,

Judy Knowles

______________________________

BOS Clerk                             Date