BOARD OF SELECTMEN

MINUTES

MAY 19, 2008

Present:          Steven Halterman, Chairman

Ted Goodwin

Scott Garieri

Mary Blanchard

Hal White

James Malloy, Town Administrator

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

Citizen Leadership Academy Graduation

J. Malloy congratulated the second Citizen Leadership Academy graduating class, and presented each graduate with a Certificate.  He thanked them for their participation.

Approval of Minutes

MOTION:       To accept the minutes of April 7, 2008 as presented, by H. White.

2nd:     T. Goodwin

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

MOTION:       To accept the minutes of May 5, 2008 as corrected, by H. White.

2nd:     M. Blanchard

Vote:  All in favor.

It was the consensus of the Board to hold action on the executive session minutes of May 5, 2008 until the next time they meet in executive session.

Thomas Chamberland, Veterans’ Agent – Memorial Day Activities

T. Chamberland appeared before the Board to discuss the Memorial Day activities in Sturbridge.  He announced that the Annual Memorial Day Breakfast and Ceremony will take place on May 23rd at 8:00 a.m. at Tantasqua Regional Junior High School; the Annual Burgess Elementary School Memorial Day Assembly will be held on May 23rd at 1:30 p.m.; and veterans who want to help decorate graves should meet at the American Legion Hall at 6:30 p.m. on May 23rd.  He encouraged veterans to attend the activities.  On Sunday, May 25th all veterans are invited to the Annual Memorial Day Sunday Service at the Sturbridge Federated Church.  Veterans should meet outside of the Church at 10:15 a.m.  The Annual Memorial Day Parade and Services will be held on Monday, May 26th, stepping off at 9:25 a.m. at the corner of Rt. 20 and Rt. 148; Open House at the American Legion Hall will follow.  He noted that bus transportation will be available before, during and after the parade.  Veterans needing rides should call Post 109 at 508-347-3248 before May 26th.

Department Head Monthly Reports

Police Chief Thomas Ford reviewed his report with the Board.  He informed the Board that he and Sgts. Blanchard and Cloutier attended the Search and Rescue Training that was held at the New Braintree MSP Academy in April, regarding lost and missing person incidents for urban and forest environments.  He said that they have established points of contact and have networked with other agencies, and the training has prepared them for the unforeseen and established policies.  The class will be re-run in the fall, and all of their supervisors and command staff will attend.  He said that they are moving forward with child abduction response as well.

J. Malloy said that he and Chief Ford discussed the open space in town and the fact that sooner or later they will have to deal with lost hikers, etc.  He noted that a member of the Recreation Committee was out hiking with his family and got lost.  He noted that there is cell service on the properties.  He said that both of the Public Safety departments are prepared to deal with any situation that might arise.

Chief Ford said that Officer Dessert had come to the Sturbridge Police Dept. with commercial motor vehicle enforcement training and was certified as an Inspector by the Vermont State Police, and will have his certification updated.  He noted that the number of tractor trailers has increased significantly.

Chief Ford informed the Board that the Sturbridge Police Department was the top department in the Law Enforcement Challenge.

Chief Ford announced that the Sturbridge Police and Fire Associations, in conjunction with the University of Massachusetts Medical Center will hold a bone marrow donor drive on Thursday, May 22nd from 8 a.m. until 4 p.m. at the Host Hotel in Sturbridge.  He requested that people attend and submit saliva samples to UMass medical professionals in an attempt to match the samples with patients in need of bone marrow transplants.  One of these patients in need of a bone marrow match is 5-year-old Nicholas Mercier, the son of Traci and police sergeant Kevin Mercier.

Fire Chief Leonard Senecal reviewed his report with the Board.  He noted that in March there were 176 inspections and brush burning permits, 25 inspections by the Fire Inspector, 117 ambulance calls and 38 fire related calls.  He informed the Board that the brush burning season ended on May 1st.  In April there were 288 inspections and brush burning permits, 32 inspections by the Fire Inspector, 72 ambulance calls and 42 fire related calls.

Chief Senecal said that grant applications were submitted, one for DCR and the other was the Homeland Security grant.  He said that they are trying to acquire a forest fighting unit.

H. White suggested that EMS year to date transports be reported to the Board of Selectmen on a quarterly basis.

Harold Nichols, Building Inspector, reviewed his report with the Board.  He noted that construction has been relatively slow, but has picked up slightly.  He said that there have been some zoning issues, and he is working on them; a few are pending in court.

H. Nichols said that efforts are being made to clean up the town, and noted that there are provisions in the Town bylaws for fines.  He informed the Board that the base code (commercial code) will be released on July 1st; also scheduled for release is the energy code.  He said that on the federal level, a grant program is being proposed for building departments that are ISA certified, to make available staffing, technical support, computer programs and field programs.

Greg Morse, DPW Director, reviewed his report with the Board.  He said that the paving bids will be opened on June 6th; equipment bids on the 30th.  The road sweeping is about 65% complete.  He said that the pine tree on Rt. 131 came down, resulting in loss of power for part of the day.  Regarding the Moulton issue, he said that they had installed catch basins in front of their house, and the outfall of the drainage pipe is rip rap, an improvement on what was there previously.  He noted that the issues at the site are not solely related to sewer.

Shane Moody, Veolia Water North America, reviewed his report with the Board.  He said that they will be monitoring the Bio-Mag pilot program during the summer months to see what happens during temperature changes, when bugs get more active.

S. Moody said that the Consumer Confidence Report will be mailed out to every resident in the Town.

Barbara Search – SCM Elderbus – Senior Municipal Service Program

Barbara Search, Council on Aging Director appeared before the Board, and recognized the attendance of Ginger Peabody, Chairperson of the Council on Aging and two other members.  She informed the Board that SCM Elderbus is a non-profit entity that sub-contracts with the Worcester Regional Transit Authority to provide on-demand transportation in 21 towns.  Elderbus provided Sturbridge with 1,879 rides from July-December 2007.  Budget allocation from WRTA is the sole source of revenue for Elderbus.  Each town is assessed money in relation to the number of rides provided to their seniors and disabled citizens.  Sturbridge was assessed $15,286 to the Rural Transit Authority for FY08.  Elderbus expects to have its budget cut for FY09 by about $45,000 and will not be able to maintain its current level of service.  She said that the cuts will result in reduced hours of operation, fewer out of town medical trips, a fare increase, elimination of destination trips (retail malls, WalMart, etc.) and elimination of out of town work related trips.  She noted that Elderbus will designate two days when Sturbridge seniors can use the service for out of town medical appointments; on those days a shuttle will take seniors into Worcester in the morning and pick them up in mid-afternoon.  Having a shuttle service will require seniors (some with canes, walkers or wheelchairs, some with bladder problems, diabetes, etc.) to remain in the doctor’s office for hours and over lunch time.  In addition, a round trip could take up to seven hours from pick up at their home to return, which would create a hardship for frail people.

B. Search said that Senator Brewer and Rep. Smola support increases in the Elderbus budget, and Senator Brewer is on a special caucus for this issue.  She has sent letters requesting support for Elderbus to legislators and other influential people.

S. Garieri read an announcement into the record regarding residential energy assistance for seniors through a scholarship type of program, which was developed by a group of Sturbridge residents including Tom Creamer, Ginger Peabody, Barbara Search, Jennifer Morrison, Patrick Babcock, Bill Muir, Jeff Tasse, Jeff Chasse, Paul Carr, Dennis McCurdy, Jim and Kay Malloy and members of the Sturbridge Police Patrolmen’s Association.  He said that they are in the process of finalizing the particulars of the program with the assistance of the Southbridge Savings Bank.  He said that it is their hope that this program will help to ease the financial burden and provide some relief to those who have contributed so much to our society.  Donations will be accepted from the general public once the administrative issues have been addressed.  B. Search commented that it is a wonderful initiative.

J. Malloy asked whether Elderbus or the WRTA had given an idea of what it would take to maintain the level of service from a year ago.  B. Search said that it would take $45,000.  J. Malloy noted that it is an important, worthwhile service, and suggested that if she is unsuccessful in getting additional state funding that she continue the initiative by approaching the other 21 municipalities that fund the service.  He said that if the funding were shared with an intermunicipal agreement, the service could be continued, with a ballpark cost of $3,441 for Sturbridge.  Ginger Peabody suggested that the Board vote to support it.  She asked that anyone interested in volunteering as a driver call 508-347-7575.

MOTION:       To support the concept, by T. Goodwin.

2nd:     M. Blanchard

Vote:  All in favor.

B. Search requested that the Board consider making a few changes to the Senior Municipal Service Program to give more people an opportunity to participate.  She said that the Council on Aging has been discussing it for a few months.  She noted that the hourly minimum wage rate is up to $8, as of January 2008; the income limitation is set at $35,000, whether single or married.  She suggested changing it to $35,000 if single and $45,000 if married.

J. Malloy recommended that the Board change the hourly rate to the “minimum wage rate in Massachusetts,” and then item A be automatically increased when there is a change to the minimum wage rate.  He commented that the Senior Municipal Service Program is a great assistance to Town departments.  He noted that the Board of Health is currently looking for someone, but there are no applicants right now.

MOTION:       To make the changes as previously stated for items A, C and E and to change the minimum wage to “the minimum wage rate in Massachusetts.” by T. Goodwin.

2nd:     M. Blanchard

M. Blanchard asked whether the requested changes would cause expenditures to go over the $10,000 that is in the account.  J. Malloy said that he would review the participation in the program over the last three years.  He noted that about $6,500 is the most that has been expended out of that account in any given year.  T. Goodwin withdrew his motion.  M. Blanchard withdrew her second.

Taxi/Livery License – Beth Barriere

Beth Barriere appeared before the Board.  She said that she and her husband have been trying to get a Taxi/Livery License, but their residence is not in a commercial zone.  She said that their vehicles are stored in Auburn, and only one would be stored in Sturbridge.  She noted that there would be no signage at their house.  She said that they need a license from Sturbridge to be able to operate their business.  She added that they have a handicapped accessible van with a lift.

J. Malloy said that the Building Inspector had indicated that it is not an allowed use in a residential zone, so the Board of Selectmen cannot issue a Taxi/Livery License for that address; it would be a zoning violation.  B. Barriere said that she would discuss it with the Building Inspector.  S. Garieri suggested she look into renting office space in a commercial zone.

Piccadilly Pub – Transfer of Liquor License

J. Malloy read the legal ad into the record.  He said that all of the necessary paperwork was submitted.

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

2nd:     T. Goodwin

Vote:  Four in favor; M. Blanchard abstained.

Paul Alward, Manager of the Piccadilly Pub and his lawyer appeared before the Board.  He indicated that the ABCC has pre-approved the transfer of license.

MOTION:       To approve the Transfer and Pledge of License for MPG Sturbridge LLC d/b/a the Piccadilly Pub as per their application, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

MOTION:       To close the public hearing, by H. White.

2nd:     M. Blanchard

Vote:  All in favor.

Applebee’s Live Entertainment License

Garrett DeStefano, Manager of Applebees, appeared before the Board.

MOTION:       To approve the Live Entertainment License for Applebee’s Neighborhood Grill and Bar during their regular hours of operation (11:00 a.m. – 11:00 p.m. Sunday-Thursday and 11:00 a.m. – 12:00 a.m. Friday & Saturday, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

Hitchcock Dock Permit

J. Malloy informed the Board that Barbara Hitchcock has moved her dock over by a few feet, which may have resolved the problem.  He noted that the Paradise Lane Beach Association has not yet put their dock in place, so it remains to be seen that the situation has been corrected.

Peter Polo Water Bill

Peter Polo, 33 Audubon Way, appeared before the Board to discuss his water bill.  He purchased his home in August of 2005 and during the 3rd quarter of 2006 the water meter began manfunctioning.  Mr. Polo was contacted by the Water Department to replace the meter; however, this was not accomplished until 2/28/08.  As a result, during this period Mr. Polo paid estimated bills that totaled $989.65.  A new meter was installed on 2/28/08 and was read at the quarter end and on 5/5/08.  For the period 2/8/08 – 5/5/08 (66 days) Mr. Polo used 1,671 cubic feet of water.  This averages to 25.3 c.f./day or 2,310 c.f./quarter.  Barbara Barry, Finance Director, reviewed this with Mr. Polo and indicated that she was recalculating his bill for the period of estimated water/sewer use and was going to use an estimate of 2,000 c.f./quarter for this period, which appears to be a conservative and reasonable estimate, given the use since the new meter was put in.  The estimate that the Finance Director used is 15% less than actual usage since a working meter was installed.  The Finance Director recalculated Mr. Polo’s bills for the quarters ending 9/30/06 through 3/31/06 and applied a credit to Mr. Polo’s bill, so that for the current quarter he will receive a $55.45 credit.  Mr. Polo claimed that although he may currently be using this amount of water, he was using less during the period that bills were being estimated, and so was seeking a larger credit.

P. Polo said that the numbers on the bills are estimated, not actual numbers, and estimated numbers should not be used as an average.  J. Malloy said that the 2,000 c.f. estimate is reasonable based on previous and current meter use.  S. Halterman explained that Mr. Polo did not have a working meter for a year, and B. Barry and J. Malloy did the best they could in estimating quarterly use that is realistic, based on current use.  P. Polo said that the meter inside his house is fine, it was the outside meter that was broken.  T. Goodwin suggested finding out what the inside meter numbers had been.  J. Malloy said that he will get a credit on his next bill.

St. Anne’s Water Tank Painting

J. Malloy noted that the High School will not be in session while this work is being done.

MOTION:       To award the St. Anne’s Water Tower repainting bid to Hemi Enterprises, Inc. for $114,750 as per their bid; and further to authorize the Town Administrator to execute all necessary agreements in relation to this bid award, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

Old Business

H. White said that he was happy with his liaison assignments, and requested that he continue to be assigned the Town Hall/Center Office Construction Committee.  T. Goodwin said that he couldn’t do the Central Mass. Regional Planning Commission.  S. Halterman volunteered to take the CMRPC assignment.  T. Goodwin was given the Burgess School Committee assignment.

S. Garieri said that the plastic bag bylaw issue was decided by the voters at Town Meeting, just like the Tree #25 issue on McGilpin Road.  He said that Bill Muir had sent a letter requesting that the Board reconsider its March 3rd vote.

MOTION:       To reconsider the Board’s vote of March 3, 2008 regarding Tree #25, by S. Garieri.

H. White said that the motion must be made by one who was a member of the Board at that time.  S. Halterman said that he did not think that B. Muir was asking for reconsideration.  T. Goodwin recused himself from the Board.

T. Goodwin, 58 McGilpin Road, said that the Board has more pressing issues to deal with, and could get more done by remaining positive in a non-partisan way.  He asked the Board to withdraw the comment or question and suggested moving forward as a town and community.

S. Garieri said that he was asked by a resident to bring the issue up again.  He said that the residents want the tree taken down, and noted that it is a hazard tree which exposes the Town to liability.  S. Halterman apologized to B. Muir for not discussing his letter at a previous meeting of the Board.  He noted that many things have been said about this issue, and based on discussions, hearings and emails that were sent between the Tree Warden and J. Malloy, it was decided to leave the tree and widen the road to a compromise width.  S. Halterman read Bill Muir’s letter into the record.  He noted that the people at the Town Meeting voted not to fund it.  He prepared a draft letter in response to B. Muir.

M. Blanchard noted that there were several residents who had spoken about the issue at Town Meeting, and by petition.  She said that statements made in S. Halterman’s letter are not the way that she recalled things.  She said that the Tree Warden and the DPW Director had advised taking the tree down for road width and safety issues.  S. Garieri said that at the Town Meeting Tom Chamberland, Tree Warden, had said that he was there by special petition, otherwise he would have to take money from his budget to pay for the tree.  J. Malloy pointed out that in his discussions with Tom Chamberland, they had compared the Tree #25 issue to trees on the Town Common, noting that there are many heritage trees, and he does not have the money in his budget to deal with them all.  His concern was, if he cabled one tree, he would get requests to cable many more.

T. Goodwin said that he did not vote to support funding for Tree #25, and noted that the residents of McGilpin Road are putting up the money for it.  He said that the money will be put toward saving other heritage trees in town by a matching grant.  He noted that this issue has become a political football.

Ginger Peabody said that people are most concerned with the safety issue at McGilpin Road, and noted that roads should be 22 feet wide from curb to curb.  She said that comparing Tree #25 to the trees on the Common is comparing apples to oranges.  She said that it seemed that a lot of this was done behind closed doors.  S. Halterman said that many agendas were brought to bear.  He noted that it is a scenic road and a beautiful tree.  He said that information was presented to the Board of Selectmen and the Board had tried to find compromises to not cut the tree down if there was a reasonable reason to save it, and if the DPW Director agreed with the compromise on the width.  The Board’s decision was based on that.

2nd:     M. Blanchard

Vote:  M. Blanchard and S. Garieri in favor; S. Halterman and H. White opposed.

The motion failed.

T. Goodwin rejoined the Board.

H. White stated that during the time that he was Chairman of the Board of Selectmen, he did not participate in any illegal meetings, nor any other type of communication that was in violation of the Open Meeting Law, and was not aware of anyone else on the Board participating in them (emails, phone calls, etc.).

Regarding S. Halterman’s letter to Bill Muir, S. Garieri suggested adding the phrase, “The Town apologizes for not cutting the tree down.”  M. Blanchard asked whether it would be more productive to invite Mr. Muir to meet with the Board to discuss his letter.  S. Halterman said that he would not send the letter to Mr. Muir if the Board would like to continue to discuss it.

MOTION:       To authorize the Chairman to reply to Bill Muir’s letter of April 18, 2008, by H. White.

2nd:     S. Halterman

Vote:  S. Halterman and H. White in favor; M. Blanchard and S. Garieri opposed; T. Goodwin abstained.

The motion failed.

M. Blanchard noted that although the residents at Town Meeting did not vote to approve the plastic bag ban, many wanted to move forward with promoting the use of cloth bags.  She suggested forming a committee consisting of a few residents, representatives from WalMart, Shaw’s and Stop & Shop and the Board of Selectmen and one or two students.  She offered to contact Roberta Dunn’s class to see if there is any interest.

Donald Fairbrother, 14 Wallace Road, suggested working with the stores to have them offer recycling receptacles to gather plastic bags.

M. Blanchard suggested that the Board consider looking to lease or buy municipal parking for tourists on Route 20.  J. Malloy said that this issue had been brought up about 12 years ago, and at that time he had approached the owners of Basketville and Admiral T.J. O’Brien’s.  He said that now that the Basketville building is for sale, he is looking at the possibility of leasing it.  He said that property across the street from Basketville may be available for lease.  He noted that there would need to be a ramp down to the sidewalk.  T. Goodwin suggested bringing it to the attention of the Sturbridge Heritage Partnership for a traffic flow study on Route 20 and to identify where walking traffic should be, and to come up with a cohesive plan.  J. Malloy noted that in a commercial zone, a municipal parking lot is allowed as a governmental use.

M. Blanchard said that at the last work session the Board had looked at goals, and asked whether the Board had voted on them.  J. Malloy said that the Board had not voted on them; they asked him to rewrite them.  M. Blanchard suggested looking into all of the ramifications of getting an Economic Development Coordinator.

S. Halterman asked about the status of the Committee Handbook.  J. Malloy said that it has been completed, but has not been distributed to each and every member of every board.  He suggested that it be sent out as a PDF file.

New Business

H. White announced the American Cancer Society’s Relay for Life on June 13th and 14th in Southbridge, and noted that they are looking for people who have never been diagnosed with cancer to take part in a study.

S. Garieri said that regarding residential energy assistance for seniors, a website will be established which will be up and running soon, which will enable people to make contributions on line.

S. Halterman said that there was a request from Rick Skinner, who wants the Town to be the legal authority for the grant for the Last Green Valley for mapping stone walls and trails.  J. Malloy said that he would talk to Mr. Skinner.

S. Halterman said that there was a written complaint to the District Attorney’s office relative to a possible violation of the Open Meeting Law regarding the Town Administrator’s evaluation.  He sent a response to Patricia Smith, Assistant District Attorney along with the statement prepared by H. White dated May 4, 2008; minutes of Board of Selectmen meetings of December 17, 2007 and April 7, 2008; and a FAX from Kopelman & Paige dated January 22, 2008 regarding Annual Evaluation – Open Meeting Law and Public Records Issues.  He requested that a copy be placed in the outgoing correspondence file.

S. Halterman asked about the status of committee appointments.  J. Malloy said that appointments will be made at the next meeting.

Ask the Selectmen

H. White received a call from Bill Emrich, who said that the Board had discussed the code of conduct and harassment policy and signed it that night.

H. White received a call from a resident who said that the Elderbus is a salvation for people like herself, who cannot drive.  She noted that the people who scheduled the bus rides were very cooperative and deserved to be recognized.

H. White received a call from a resident who asked why the Chairman of the Planning Board has not attended any meetings since February.  J. Malloy said that the Chairman has a health issue.

S. Halterman received a call from Bill Muir, who said that his concern regarding Tree #25 is with the safety of the residents and children waiting for school buses.

S. Halterman received a call from Linda Cocalis, who said that cabling work has been done on Tree #25 to make it safe.

MOTION:       To adjourn, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

The meeting was adjourned at 9:55 p.m.

Respectfully submitted,

Judy Knowles

_______________________________

BOS Clerk                                         Date