BOARD OF SELECTMEN

MINUTES

OCTOBER 20, 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 October 6, 2008 as corrected, by H. White.

2nd:     M. Blanchard.

Vote:  All in favor.

Hyland Orchard – Continuance of Public Hearing

Attorney Vincent Pusateri and Christopher Damon appeared before the Board.  J. Malloy read an additional condition into the record, that the words “produced on the premises” be changed to “produced by any farmer brewery or farmer winery.”  V. Pusateri requested adding “within New England,” as it would give them some flexibility in the marketplace.  It was the consensus of the Board to approve the wording “within New England.”

S. Halterman said that there was a question regarding the issuance of two liquor licenses at the same address.  V. Pusateri said that he had spoken to the ABCC investigator and with Attorney Rousseau (who represented Pioneer Brewing Company) who indicated that their application was approved by the ABCC.  He said that Hyland will serve alcohol in the pavilion; Pioneer will serve alcohol inside the two-story brick building in the first floor tap room.

M. Blanchard said that she would prefer to see something in writing from the ABCC regarding their approval of having two liquor licenses on the same premises.  S. Halterman said that town issues differ from ABCC issues.  H. White asked for clarification on the description of the premises to be licensed.  J. Malloy said that they would be licensed to sell alcohol on the second floor of the building and the surrounding grounds, including the pavilion.

Marie Doldoorian, 243 Big Alum Road, pointed out that the pavilion is open sided, and she thought it was not appropriate to have another liquor license on the property.  She said that she and the other neighbors like the activities that are taking place at Hyland, and the parking issue seems to have improved, but on warmer days there is parking all over the road.  She expressed concern about leaving the road open for ambulances and fire trucks.  She noted that there is a problem with Hyland’s septic system, which bubbles up on rainy days and runs off into the brook.  She said that the result is smelly sludge, and nothing is alive in the brook.  She said that the rest rooms are located in the bar room.  S. Halterman said that several of the issues raised by M. Doldoorian are legal issues.  J. Malloy said that under state law, farmer/brewers and farmer/wineries are allowed to sell alcohol on their premises.

S. Halterman asked M. Doldoorian if she had reported the septic system issue to the Board of Health.  She said that she had, but thought that two rest rooms were insufficient to support hundreds of people.  Regarding the parking issue, C. Damon said that there are fields available for parking, as well as in front of the tap room and pavilion.  V. Pusateri said that the area would have to be measured to determine the number of parking spaces available.  M. Doldoorian said that there is no police supervision over parking.

H. White said that the Board had granted a liquor license to Pioneer Brewing a few weeks ago, and the two license applications should be compared.  He noted that the Board would be licensing an open field and a pavilion; the rest rooms are not part of the license.  He asked what would be required in terms of sanitary facilities.  V. Pusateri said that the employees have adequate hand washing facilities within the brick building on the first floor.  He noted that there is a split lease which allows Hyland Orchard to display their wares and use the rest rooms and hand washing area.

T. Goodwin said that he would like specific parameters on what grounds the Board would approve or deny a license.  J. Malloy said that as far as the Board having specific reasons to deny a liquor license application, the Board’s role is to determine whether or not it is an appropriate use for the community.  He said that if there are outstanding issues and concerns causing the Board to deny it, the applicant could go through an appeal process.

S. Halterman suggested notifying the other boards to inform them that certain things have been brought to the Selectmen’s attention regarding parking and septic system issues.  J. Malloy said that septic would be a Board of Health issue; parking issues should be addressed by the Building Inspector and the Police Department.  M. Blanchard said that she had spoken with five people from the neighborhood, and none of them had expressed major concerns.  She noted that if there are any problems with issuing two licenses for the property, the ABCC will let the Town know.  J. Malloy said that the process to revoke or rescind a license is the same as granting one.  If the Board’s concerns are not addressed, at the end of the year when licenses are renewed, the Board could hold a public hearing to rescind or revoke the license.

H. White said that he was in favor of the application in principle, but the fact that the Board had issued a license six weeks ago for this property, and the Hyland description has not been delineated, the rest rooms are serving both licensees and the Board did not have an outline of the second floor, he was not in favor of granting the license.  He suggested that the Board compare the Pioneer application with the Hyland application.

T. Goodwin said that he was in favor of granting the license, and giving Hyland a list of issues to be addressed, and next year the Board could revoke the license if the concerns have not been addressed.

MOTION:       To close the public hearing, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To approve the Change of Manager naming Christopher M. Damon as the Manager on record, and to Alter Premises as per the application, subject to the license requiring that products for sale be produced by any farmer brewery or farmer winery from a New England State (Connecticut, Rhode Island, Massachusetts, New Hampshire, Vermont and Maine); additionally, excluding in the description of premises the first floor of the building, by M. Blanchard.

2nd:     T. Goodwin

Vote:  Four in favor; H. White opposed.

J. Malloy said that he would send a memo to the Board of Health and the Building Inspector.

Public Hearing re. Artificial Turf Fields

Daniel Durgin, Superintendent of Schools and Deborah Boyd, Business Manager appeared before the Board.  J. Malloy read the legal ad into the record.  He gave a brief summary of the information presented at their previous meeting with the Board on October 6, 2008.

D. Durgin said that the maintenance costs for a natural field are much higher than for an artificial turf field.  He noted that there has been an increase in sports programs.  D. Boyd said that they have not been advocating the use of artificial turf fields as a money saver, since it would not be a significant savings.  She said that it would be a great thing for the school district, providing more community use for athletic programs.  She said that the funding mechanism would be a combination of summer sports funds and the balance from School Choice funds.  She stressed that it would not increase debt for the five communities, but because borrowing is involved, they need permission from the towns.  She said that they could do four fields for $2 million.  D. Durgin said that the four fields are multi-purpose fields, usable for four or five different sports.  D. Boyd noted that summer programs are using the fields heavily.

Judy Sessler, Brimfield resident, asked about the interest on the loan.  D. Durgin said that the calculations for 10-year payments are based on 4.75% over 10 years.  J. Sessler asked what consideration has been given for out of district special needs students.  D. Boyd said that the School Committee votes every year as to whether to accept new enrollees.  D. Durgin said that the cost is $5,000 per student unless they are in a special education program; then there is a direct cost from the neighboring community to service a child.  D. Boyd said that in the event there are less slots available than people, there would be a random lottery, and there is a mechanism to get the necessary dollars.  J. Sessler noted that there will be drastic cuts in state aid.  D. Durgin said that the fields would become a revenue producing unit.  He said that Massachusetts is losing student enrollment, which they took into consideration when doing projections.  D. Boyd said that the process will take until early March.  D. Durgin said that the School Committee would have the final say regarding issuance of the bond.

Phil Desroche, President of Pop Warner, said that they use the high school fields for their games, and there have been incidents on rainy days where people have traveled from other areas to attend the games, only to have the games cancelled.  He noted that four football games and two soccer games were cancelled.  He said that he was in favor of the artificial turf project.

Kathy Neal expressed concern about the economy, and said that it is possible to stop the project up to March.  She said that the project would add to the use of the fields by the community.

T. Goodwin asked what would be the criteria for stopping the project.  D. Boyd said that they have discussed Question #1; if it passes and they are facing losing programs due to budget cuts, they would not go forward with the field project.

John Holdcraft, 43 Allen Road, asked what would happen to the artificial turf after 10 years.  D. Durgin said that the turf is guaranteed for 10 years, and any worn areas would be replaced with a small section.  He noted that the main part of the project is the drainage underneath the turf.  He said that it was also possible to rotate the activities on the fields.  J. Holdcraft asked what would happen to the turf after a rainstorm.  D. Durgin said that it would be fluffed up with a tractor.  He said that they have been spending approximately $10,000 per year on manpower to paint lines, fertilize and cut grass on the fields.  The artificial turf would reduce maintenance costs.  He said that if Question #1 passes, the project would be off the table.  J. Malloy said that it remains to be seen whether the legislature overrides it, or whether or not the state implements it.

S. Garieri asked whether local contractors would be used for the project.  D. Boyd said that it would be possible.  They would send out a Request for Proposal for design services.

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

2nd:     M. Blanchard.

Vote:  All in favor.

MOTION:       To support the Tantasqua School Committee moving forward with their proposal for artificial turf fields and to not schedule a Town Meeting, by M. Blanchard.

2nd:     S. Garieri

Vote:  All in favor.

Sturbridge Lake Advisory Committee Presentation

David Mitchell, 27 Woodside Circle, appeared before the Board.  He presented each Board member and J. Malloy with a copy of the report from the Sturbridge Lake Advisory Committee.  He introduced the other members of the SLAC who were present:  Ted Goodwin, Donna Grehl, Tammy Chase, Fran O’Connell, Tom Chamberland, Bill Kenyon, Laurie Palmer, James Reidy, Marita Tasse, John O’Brien; Bruce Gran was not present.  He said that the SLAC was formed to advise the Selectmen about the current state of the lakes in town, and to develop recommendations regarding the future direction of lake management, and to encourage community participation in the decision making process.  The mission statement of the SLAC is to establish wise stewardship and an effective management mechanism for the sustainable use of the Town’s water resources and protection of their watersheds.  Lake management should be developed through consensus from a collaborative community wide pool of stakeholders to include lake users, lake associations, civic groups and municipal government.

D. Mitchell said that the objectives of the SLAC, as set forth by the Selectmen, were to inventory the current state of the lakes (current water quality and conditions, watershed description, recreational uses and public access, active lake management, etc.); identify potentially synergistic interests in town: planning, recreation, public lands (trails) or ecotourism; provide a draft mission statement; and define communication protocols between town boards and lake associations.

D. Mitchell listed common concerns and issues for Sturbridge lakes, including water quality control, spread of invasive aquatic species, boating regulations, overcrowding of the lakes, parking, signage, public access for all of the lakes, sanitary and waste management, boat and trailer inspections, development of watershed, and to increase general awareness of the lakes.  He informed the Board that there is a trail system in the making.  He said that liaisons need to be formed between the Conservation Commission, Planning Board of and Board of Selectmen.

H. White commented that the report is very thorough, professional and impressive.  D. Mitchell noted that it is the work of 13 people.  T. Goodwin said that D. Mitchell had spearheaded the effort with tremendous energy, and it is an example of what can be done when people come together with the best interests of the town in mind.

D. Mitchell said that they would give the Board a month to review the report.  S. Halterman said that they would think about questions they might have and how to respond to their challenges.  J. Malloy said that several times when meeting with DEP regarding wastewater issues, they expressed interest in information regarding the definable impact and any distinct benefits since public sewers were installed around the lakes.  He said that there may be a positive impact, and asked whether D. Mitchell had looked at the data for pre and post sewer.  D. Mitchell said that sometimes it is hard to detect, and if sufficient data is not available before sewer installation, it is difficult when doing sampling later to determine the impact.  He did not look at it specifically, but indicated that he could look for trends.

S. Halterman said that the Board would put it back on their agenda for a work session.  D. Mitchell thanked the group of dedicated volunteers who worked on the report.

Proposed Zoning Amendments

J. Malloy submitted to the Board a request from the Planning Board for the Selectmen to review and return the zoning articles that the Planning Board is proposing.

MOTION:       To return the Zoning Articles to the Planning Board as proposed, and the petitioned article submitted by Roger Woods on behalf of New England Land and Lumber, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

Plowing/Sanding Bids

J. Malloy submitted to the Board a memorandum from Greg Morse, DPW Director recommending the awarding of bids for private plowing/sanding.

MOTION:       To award the snow plowing/sanding bids as per the DPW Director’s attached recommendation dated October 6, 2008, by T. Goodwin.

2nd:     M. Blanchard

Vote:  All in favor.

Miscellaneous

J. Malloy informed the Board that the ADA Self Evaluation and Transition Plan is completed and on his conference table for their review.

Correspondence

H. White asked about the October 8th letter from Dan Durgin requesting a change of voting sites.  J. Malloy said that the Town is forced to stay with Burgess Elementary School as a voting site for the time being.  He said that once the Town Hall and Center Office building have been renovated, there will be space for voting at Town Hall.  He said that he would inform the Town Clerk of the situation, then respond to D. Durgin.

Old Business

H. White suggested scheduling a follow up to the Big Alum boat dock dispute for a future meeting.  J. Malloy said that he had contacted Barbara Hitchcock’s attorney, and he is in the process of putting together a resolution with the abutting property owners that he thought they would accept.

S. Garieri asked about the status of the Town Hall and Center Office buildings.  J. Malloy said that the committee had met last week and they refined some cost estimates, and he and the architect will work on a revised timeframe for the renovation project.  He said that it will be necessary to go back to Town Meeting.  They asked the Community Preservation Committee to meet with them regarding their support of an additional amount of money.  He noted that there are statutory timeframes for an appropriation or debt authorization.  He recommended holding off scheduling a Special Town Meeting until mid February for the Town Hall/Center Office project.

M. Blanchard asked about ambulance fees and the Medicare issue.  J. Malloy said that he had sent an email to Barbara Barry, Finance Director.  He said that Medicare has an allowable percentage (80%) that they cover, and the patient is billed for 20% of the original bill.  He said that if the patient has Medicaid, the Town must accept their coverage as payment in full and abate the remaining amount.

M. Blanchard asked whether the Recreation Commission had heard anything regarding volunteers for the Skateboard Park Committee.  J. Malloy said that they have not yet heard anything.

S. Halterman said that there is some action being considered relative to Camp Robinson Crusoe.  He suggested discussing it in a work session with the Conservation Commission, PLAC and anyone involved in the Master Plan.  J. Malloy said that he would schedule it for the December work session.

S. Halterman said that he had delivered the proclamation for the Rotary Club, and the Stourbridge representatives presented Sturbridge with a flag.

New Business

M. Blanchard asked whether the Board wanted to take a position on Question #1.  She noted that it would be devastating to town budgets.  J. Malloy said that most people recognize that the town has an expensive infrastructure to maintain due to the harsh winters.  He noted that there is a very good analysis of Question #1 on line on the Mass. Taxpayers website by a non-partisan think tank.  He said that there would be a 71.1% cut of all non-educational aid.  He said that seniors and those living on fixed incomes who are land rich and cash poor would be hit the hardest.  They would be paying the greater burden without the means to do so, which is unfair.

MOTION:       To oppose Question #1 on the State Ballot for November 4th, by M. Blanchard.

2nd:     T. Goodwin

Vote:  All in favor.

S. Garieri asked whether a letter had been sent to Rep. Smola and Senator Brewer regarding changing legislation on senior citizens.  J. Malloy said that he did send letters to them, but nothing can be done until after January.

Ask the Selectmen

S. Garieri said that there were no calls.

MOTION:       To adjourn, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

The meeting was adjourned at 9:10 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                                         Date