BOARD OF SELECTMEN

MINUTES

JULY 21, 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.

Approval of Minutes

MOTION:       To accept the minutes of June 16, 2008 as amended, by H. White.

2nd:     M. Blanchard

Vote:  All in favor.

MOTION:       To accept the executive session minutes of June 16, 2008 as written, to remain confidential, by H. White.

2nd:     M. Blanchard

Vote:  Four in favor; T. Goodwin abstained.

Department Head Monthly Reports

Police Chief Thomas Ford reviewed his report with the Board.  He said that the Police Department had received an award from the Massachusetts Law Enforcement Challenge, and commended Officer Carol Benoit for her work on the application.  They received a prize of a traffic counter system, which is similar to the one used by Mass. Highway Department, to be used as part of their traffic safety program.

Chief Ford said that on May 22nd the Police Dept, in conjunction with UMass and the Police Association and the Fire Association, held a Bone Marrow Drive at the Sturbridge Host Hotel for Sgt. Mercier’s son, Nicholas.  It was a huge success, with over 420 people in attendance.  He thanked the Host Hotel and all of the volunteers who took part in the drive.  He informed the Board that Nicholas was able to go home for the first time in three months, and is doing much better after successfully completing chemotherapy.  His brother is an exact match, and the bone marrow transfer will take place within the next few weeks at Children’s Hospital in Boston.

Chief Ford said that in June the first RAD Class for Kids was conducted at Burgess Elementary School.  Officer Lombardi worked in partnership with the school as part of their health curriculum.  He noted that the program was a tremendous success due to the efforts of Officer Lombardi and Nadine Keville, Health Teacher.  Chief Ford commended Officer Lombardi for his work with the youth of the town with such programs as DARE, RAD, the Traffic Safety Program and others.

Chief Ford said that the Police Department helped to organize and participated in the Molly’s Ride for Child Safety and Family Fun Day at the Sturbridge Host Hotel.

S. Garieri noted that Officer Dessert has completed Truck Enforcement Training.  Chief Ford said that Officer Dessert is now a fully certified DOT Truck Inspector, and there will be fewer unsafe trucks on the road due to his enforcement efforts.

It was the consensus of the Board to send a congratulatory letter to Chief Ford for receiving the award from the Massachusetts Law Enforcement Challenge.

J. Malloy informed the Board that the Fire Chief was unable to attend the meeting.  S. Halterman said that he had attended the Fire and Ice entertainment at Old Sturbridge Village, and was pleased to note that the parade of antique fire trucks was led by Fire Chief Leonard Senecal and his staff.  He said that they were presented with an award for their quick action at the fire at the Freeman Farm.

Harold Nichols, Building Inspector, reviewed his report with the Board.   He said that he had noticed a slight increase in new construction over the past couple of months.  He said that there has been a lot of maintenance construction (roofing, siding, pellet stoves, etc.) and the number of permits has increased quite a bit.

H. Nichols said that there are a few zoning issues which are being handled in court with the town’s attorneys.  He has been taking illegal signs down and informing the public about the town’s zoning bylaws.  M. Blanchard suggested that the issue of signs be reviewed.  She noted that banners are not allowed except for civic or religious events, and there are banners up in town for Jack’s Gas and Steve’s Collision on Route 20.

S. Garieri stressed the importance of informing owners of pellet stoves that their stoves must be inspected before use.

H. White requested that the Building Inspector’s summary of fees collected be provided on a quarterly basis, as it had been done in the past.

Greg Morse, DPW Director, reviewed his report with the Board.  He said that the Bio-Mag pilot study ended, and is in the process of demobilization.  The sidewalk project has begun.  He noted that there is a problem with a drain at the 1738 house.  He informed the Board that the St. Anne town painting is coming along, and it has been sand blasted and primed.  He noted that there will not be any interference with the school schedule.

G. Morse said that the garage HVAC work has been completed.  He said that the bid for the well will come out in about 35 days.  They located two trail benches, which will be installed soon.  He said that brush cutting is being done.

M. Blanchard said that she had received a phone call regarding the upkeep of the cemetery, and that grading and weeds are a problem there.  G. Morse said that the cemetery was mowed last Wednesday.  M. Blanchard said that the rest rooms were cleaned in June, but not in May.  S. Garieri asked whether any plots had been sold in the new section of the cemetery.  G. Morse said that no plots have been sold there yet, but they hope to get the wall done soon.  S. Garieri asked if there could be flat headstones in that section.  G. Morse said that it would be possible, and that he would prefer flat stones for ease of maintenance.  He noted that there will be a break in the wall for the catch basin for maintenance purposes.

S. Garieri said that he had received a call regarding water runoff at the entrance to the barn at Stallion Hill Road at Old Sturbridge Village.  G. Morse said that there was rip rap in that area, and there is a large graveled area that flows out to Stallion Hill, which was put there about six years ago.

S. Garieri said that there are potholes on Hall Road across from the apartments.  G. Morse noted that there is some delamination there.

S. Halterman asked whether there had been a reply to the letter from Daniel Ryan, 45 Farquhar Road, regarding maintenance of the pump station.  J. Malloy said that he and Shane Moody of Veolia had looked at it and replied to D. Ryan.

Shane Moody, Veolia Water North America, reviewed his report with the Board.  He said that the Consumer Confidence Report was completed and mailed out to residents.  He said that 92 ½ truck loads of sludge were decanted, for a savings of $46,000 to the Town.

S. Moody said that Well #1 received another “moderate” MPA test grade, and noted that the well is under the influence of surface water.  They have 18 months to satisfy the requirements for the upgrade of the filtration plant.  He said that he has discussed it with Greg Morse and John Walsh of Tighe and Bond, and the initial approach is to utilize the existing green sand filter.  He has spoken to DEP about the official results.

Regarding the possible water ban, S. Moody said that they are monitoring that situation on a regular basis, and he hopes to avoid having to implement it.

M. Blanchard commented that the reports are thorough, and asked if it would be feasible to list the emergency repair calls as to where and what they are.

Janet Frechette – Kids Don’t Float

Janet Frechette, grandmother of Christian Frechette, appeared before the Board.  She had sent a letter to the Board regarding the placement of the “Kids Don’t Float” display at the Cedar Lake Recreation area.  J. Malloy informed the Board that the Recreation Committee had told Mrs. Frechette that they would go out to the site and determine the best location for the display, and they chose the shed near the water.  J. Malloy provided the Board with photos showing where the display is located.

J. Frechette said that she and Mandy Summers of Safe Kids had worked very hard on this program to make life jackets available at Cedar Lake.  She was disappointed to find that the display was located on the shed, as she wanted it placed on the bath house or on the back of the lifeguard chair.  She noted that the shed door is always open, and felt that the display is not visible enough.  She stressed the importance of educating parents that their children must wear lifejackets.

S. Halterman said that the Board of Selectmen was not aware why a change was made in the location of the display.  He said that he went out to the site, and it appeared to be very visible as people pull into the recreation area.  J. Malloy said that the Recreation Committee went out and determined the best location for the sign, and they decided that putting it on the lifeguard chair was not appropriate.  S. Halterman commented that the sign on the shed is more visible than if it were on the back of the lifeguard chair.  He suggested that J. Frechette go back to the Recreation Committee and inform them of her feelings.  He said that out of respect for her wishes, he would phone Lynn Girouard, Recreation Coordinator in the morning and ask her how it had transpired.

M. Blanchard suggested sending a flyer regarding the Kids Don’t Float program home with the children.  H. White said that he had met with her son Derek Frechette at least four times regarding the memorial for Christian.  The Board had agreed to Mr. Frechette’ request that a bench be placed at the recreation area.  Derek Frechette wanted a memorial plaque to be put on the bench, and the Board is waiting to hear back from the Frechette family.

Escape Estates – Sewer Connection for 170 Cedar Street

No one appeared from Escape Estates.  J. Malloy informed the Board that Andre Cormier of Escape Estates is seeking an additional connection to the sewer line for 170 Cedar Street. It currently has an approved septic design.  H. White noted that there has been a moratorium in place for the past three years, but circumstances have changed since the Town will expand its Wastewater Treatment Plant.  He said that J. Malloy has refigured the reserve.  He suggested that the Board re-address the moratorium.  S. Halterman said that up until that time, the reserve that had been set aside for future connections was allocated for specific properties.  He said that the purpose of the moratorium was that we were overextended on wastewater capacity at the plant.  Now there is gallonage available that is not allocated to a specific use, since the Town voted for a larger treatment plant.  He said that there are unspecified reserves.  J. Malloy said that he would revisit the sewer allocation bylaw and provide the Board with a draft by the second meeting in August.

It was the consensus of the Board to allow Andre Cormier to put a stub in place so that once Cedar Street has been paved it will not be necessary to make a cut.  S. Halterman suggested that the Board discuss the allocation bylaw during one of the work sessions.  H. White said that he would not be available for the work session on August 11th and preferred that sewer connections not be discussed on that date.  S. Halterman suggested that the Zoning Study Committee and sewer allocation bylaw be discussed on August 18th.

J. Malloy said that the second request to connect to Town sewer was from Tim Reardon, regarding a lot that was the back portion of 89 Fiske Hill Road, at the corner of Old Farm Road and Fiske Hill Road, which was subdivided on January 11, 2005.  He said that he would send Mr. Reardon an email response indicating that that the Board is working on the sewer allocation bylaw and will get back to him.  S. Halterman requested a copy of the email.

Senior Municipal Service Program

MOTION:       To approve the Senior Municipal Service Program application from Modestina Galati to work for the Veterans’ Agent and Tree Warden, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

Street Banners

MOTION:       To approve the agreement between Verizon New England and the Town of Sturbridge for Miscellaneous Attachments to Poles and further to authorize the Town Administrator to execute the agreement, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

Conservation Commission Application

MOTION:       To authorize the Town Administrator to submit the Wildlife Habitat Incentive Program grant application and further for the Town Administrator to sign all documents necessary for the grant application on behalf of the Town, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

Resignations

MOTION:       To accept the resignation from David Aho from the Public Lands Advisory Committee with regret, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To accept the resignation from Sandra Gibson-Quigley from the Zoning Study Committee with regret, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

Antique License

MOTION:       To approve the Antique Dealer License application for Gerald Paquin d/b/a “Grandma’s Old Stuff,” subject to his sign being approved by the Design Review Committee, and that all items for sale be maintained indoors as per the Town’s Zoning Bylaws, by H. White.

2nd:     M. Blanchard

Vote:  All in favor.

Sewer Abatement

J. Malloy informed the Board that OFS Fitel uses such a high volume of water and sewer that they have a different type of meter (parshall flume), and during the period in question, their sewer flow exceeded their water flow, which is not possible.  A blockage was found that created a misread for the type of meter (flow was backed up, showing a “fuller” pipe, which was read as a higher flow).  J. Malloy said that town staff considered the request from OFS to be reasonable, given the flows and averages over the past several quarters.

MOTION:       To approve the sewer abatement application of OFS Fitel for Account #689-A in the amount of $16,932.38, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

Grease Traps

J. Malloy submitted to the Board an email between himself and Joel Bard of Kopelman & Paige regarding grease trap enforcement.  He said that grease trap maintenance (or the lack thereof) by a number of restaurants in Town over the past several years has caused a problem and concern for the Sewer Department.  The Board of Health adopted grease trap regulations last year and recently sent our enforcement letters for businesses that are still not in compliance.  As an additional measure, J. Malloy recommended that a letter be sent out to all restaurants on behalf of the Board of Selectmen regarding the 2009 Common Victualler License renewal, indicating that failure to provide the required reports to the Board of Health may be cause for non-renewal as per Town Counsel’s suggested process.  The Board agreed that it would be a good idea.

Woodside Circle/Westwood Drive Betterment Assessment

MOTION:       That assessments shall be made or charges imposed under the provisions of MGL Chapter 83 for the construction of public sewers and appurtenant facilities related thereto within the ways located within the Town of Sturbridge identified herein.  Said sewer facilities are to be constructed in those public ways or ways opened or dedicated to the public use which have not become public ways, identified as follows:  Ways upon which sewer facilities shall be located:  Westwood Drive; Woodside Circle.  The area to be benefited is shown on a plan entitled “Woodside Circle Sewer Project” dated July 2006, Revised February 2007, which is deposited in the Office of the Town Clerk, Town Administrator and DPW Director, by H. White.

2nd:     M. Blanchard

Vote:  All in favor.

Miscellaneous

J. Malloy said that he was informed that the IRS rate for mileage reimbursement has been increased to $0.58 per mile.  The Town’s rate is presently $0.405.  The Town has fallen off the IRS rate by approximately 30%; therefore I believe it needs to be adjusted.  However, since there is a budget impact, he suggested not making the adjustment until there is a Special Town Meeting scheduled.

Route 131 Water Line Replacement – A few meetings ago, the DPW Director had recommended to the Selectmen that if the Town were replacing the sewer line on Route 131 that a section of the water line should also be replaced.  The DPW Director and Water Operations Manager estimated 8,000 linear feet of water line replacement and used the $135 foot estimate (from the Route 20 water line project).  He requested that Tighe & Bond review it and provide a current estimated cost per foot, which was $200 per l.f.  At these estimates, the cost of this project would be between $1,080,000 and $1,600,000.

J. Malloy said that last week he had sent a memo to the Board about FY09 budget issues.  He was relieved to report that he received an updated new growth figure that will keep the Town within Proposition 2 ½ by $16,657.  He said that there may be a tight fiscal year next year.  He will meet with staff when Barbara Barry, Finance Director, returns from vacation.

J. Malloy requested that the Board sign the document to reconfirm the paramedic service for the Town.  H. White noted that for the first six months, 44% of calls were paramedic calls.

Correspondence

M. Blanchard said that the June 16th letter from Patricia Wondolowski of the Cedar Lake Association contained misinformation regarding the operation of boats, jet skis, towing and swimming regulations.  She said that they have it mixed up with a regular Recreation Committee meeting.  She noted that they should call the Police Dept. when there is a noise complaint.  S. Halterman suggested that the Recreation Committee and Police Dept. present some findings to the residents who had complained.  H. White said that it has been going on for three months, and suggested that they get an interim report to the Board indicating what has been resolved and what is still on the agenda.

S. Halterman said that regarding OFS Fitel, a letter should be sent to them indicating that the Board has received their submittal.

H. White said that the Board had received a FAX from the District Attorney on July 18th regarding a possible violation of the Open Meeting Law.  He suggested that the letter be sent to Town Counsel for their comments.  J. Malloy said that there were two different opinions regarding whether performance evaluations for Town Administrators and School Superintendents are public records.  He noted that Kopelman and Paige said that it is not a public record.  He said that the District Attorney’s office did not provide the legal reasoning for their opinion.  He said that Joel Bard, Kopelman and Paige said that there is a legal disagreement in court regarding Wayland’s School Superintendent, and it is now in the appellate court.  Different District Attorneys in different counties are taking different positions on the matter.  J. Malloy will ask Joel Bard to put his comments in writing.  S. Halterman said that at no point was there a discussion about it in executive session.

Old Business

H. White asked for an update regarding the issue on New Boston Road.  J. Malloy said that Greg Morse, DPW Director, met with the resident, and the resident was going to get an engineer to design a drainage structure for G. Morse’s review.  He has not received it yet.

S. Garieri gave the Board an update on the REAS Foundation.  He said that they will be moving ahead with the fundraiser to raise $10,000 ($10 from 1,000 families), and donations are coming in.

M. Blanchard asked about the status of parking for municipal use at Basketville.  J. Malloy said that he had met with a shop owner who is considering locating there, and looking at combining several locations at the Basketville complex; when she does her financial plan, she will consider it.

M. Blanchard asked about the status of the “No Parking” signs on Church Street.  J. Malloy said that he will follow up on it.

M. Blanchard asked about the status of the Elderbus service.  J. Malloy said that Barbara Barry, Finance Director, had contacted other towns in the WRTA area and discussed the possibility of having our own van.  The Council on Aging felt that the services provided by WRTA met that need.

M. Blanchard asked for an update on the Town Hall/Center Office renovation.  J. Malloy said that it was determined that the Town does own the section of the parking lot behind Town Hall, and should have a title examiner’s report shortly.  He received a preliminary cost estimate showing that the project is $2 million over the original estimate.  He noted that there was no accounting for the structural issues of the buildings.

New Business

None.

Ask the Selectmen

There were no calls.  S. Halterman said that there had been a question about illegal fireworks in the Walker Pond area (which resulted in a serious injury to a teenage boy), and what will be done to ensure that it doesn’t happen again.  He said that the Police Department is investigating the situation, and he will phone the Police Chief to discuss the matter.

MOTION:       To adjourn, by H. White

2nd:     T. Goodwin

Vote:  All in favor.

The meeting was adjourned at 8:50 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                                         Date