BOARD OF SELECTMEN

MINUTES

DECEMBER 1, 2008

Present:          Steven Halterman, Chairman

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 approve the minutes of November 17, 2008 as corrected, by H. White.

2nd:     M. Blanchard

Vote:  All in favor.

Department Head Report

Police Chief Thomas Ford reviewed his report with the Board.  He said that Police Officer Larry Bateman received the Tri-Community Exchange Club Public Safety Award for his excellence as a Police Officer.  It was the consensus of the Board to send Officer Bateman a congratulatory letter.

Chief Ford noted that in September and October there was an increase in drug arrests, OUI arrests and motor vehicle citations, due to the fact that the Police Department is operating at full staff, with new officers working day and evening shifts.  He said that 70% of the motor vehicle stops are either written or verbal warnings.

H. White asked whether most of the drug arrests were related to motor vehicle stops.  Chief Ford said that the majority of them were.  He said that as of January 1, 2009 the law will change regarding decriminalization of marijuana.  The new law relates to the amount of marijuana found in a person’s possession.  He is awaiting information from the Attorney General’s office regarding the decriminalization process, search and seizure quantities, hearing process and appeals process.

Chief Ford informed the Board that a School Lock Down Training Exercise was conducted at Tantasqua Jr. High School.  Lt. Curboy, Sgts. Lavallee and Mercier attended the Managing the Lost Person Training that was held at the MSP New Braintree Academy.

Chief Ford said that they began the Senior Police Academy, which has received positive responses.  He said that it was a good addition to their community policing programs.

S. Garieri said that he has received complaints about tractor trailers pulling into the driveway near the Dunkin Donuts on Rt. 131.  He noted that “no truck parking” signs have been posted, but they park there anyway.  Chief Ford said that he will inform his staff.

H. White said that there is a trailer parked on Town property on Haynes Street.  J. Malloy said that he had made it clear to the property owner that it is Town property.

Water/Sewer Abatement

J. Malloy said that in this case, the meter was broken and replaced, and indoor/outdoor meters were compared to develop a corrected bill for 26 Plimpton Avenue.

MOTION:       To approve the water/sewer abatement in the amount of $662.40 for account #1024, by M. Blanchard.

2nd:     S. Garieri

Vote:  All in favor.

Class 2 Used Car Dealers License

J. Malloy said that Robert Cassim submitted an application for a Used Car Dealer License in an existing location for a change in corporate name; the d/b/a will remain the same.

MOTION:       To approve the Class 2 Used Car Dealers License for Route 131 Inc., d/b/a Sullivan’s Auto Sales, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

Sewer Allocation Bylaw & Interim Provisions

J. Malloy submitted to the Board the revised version of the Sewer Allocation Bylaw with the changes discussed at the last Selectmen’s meeting, along with a revised spreadsheet with estimates.  He indicated that the Board need not take any formal action at this time, but if they agreed with the revised wording it will appear that way in the Town Meeting warrant in January.

J. Malloy said that the Board had discussed interim measures between now and when the Wastewater Plant is completed.  He reviewed the proposal he had made dated August 15, 2008, which was simply to allow 50% of the flow values arrived at using the Sewer Allocation Bylaw.  He said that it may require a bylaw or regulation in order for the Board to have the authority to limit connections in this manner.  He put some thought into the timing of redirecting the sewer flow from Southbridge and the completion of the Wastewater Plant.  He met with the DPW Director, Plant Operator and Tighe & Bond and recommended that given the additional flows that may have to come back to the plant prior to the plant completion, that the Board not adopt an interim policy allowing additional connections beyond those allowed in the Sewer Service Area Bylaw, and that the moratorium on additional connections be extended.

J. Malloy said that at times over the past few months the flow has exceeded the plant permit.

H. White said that last March Ian Catlow of Tighe & Bond had given the Board a number of 43,400 gallons, which was the average flow going to Southbridge at that time.  He noted that it used up the difference that was previously included as reserves, but that J. Malloy had reduced during the last review.  S. Halterman said that the Board would be looking at numbers on flows and what would happen if they did not reinstate the moratorium.  He asked J. Malloy to put a spread sheet together for the numbers on which he based his recommendation.  M. Blanchard said that she would like to see the background information.  The consensus of the Board was to hold action on it for the time being.

H. White said that the Wastewater Management Plan is not in sync with how the Board would be allocating this.  He noted that certain areas are critical.  He said that if they allocate according to the sewer flow, it could be allocated in a 20-year period and the Town would not deal with some of the sewer service areas that were considered necessary.  J. Malloy said that the discussion was for existing lots, not for any newly created lots.  M. Blanchard suggested taking another look at it based on previous information.

J. Malloy said that he would take another look at it, and would prepare some information for the Board’s review for the Town Meeting warrant in January.  He suggested adding a paragraph stating:  “In no case shall the flow to any of the study areas exceed the amount set aside in the plant for that area.”  H. White said that there is still capacity to allocate within the existing areas, and suggested going back to the paperwork to see what the Board will need to commit to in the sewer service area.  He suggested allocating the balance.

Zoning Amendment

MOTION:       To return the Zoning Bylaw proposal amending Chapter 16 – Groundwater Protection District to the Planning Board, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

Chapter 43D

J. Malloy had sent the Board an email on November 21, 2008 indicating that the locations recommended by the Town Planner for inclusion in the Chapter 43D permitting process were in a binder on his conference table.  H. White said that he had not reviewed the information yet, and asked the Board to postpone their vote.  It was the consensus of the Board to hold action.

Electric Generation

MOTION:       To authorize the Town Administrator to execute an agreement with Munenergy for either the 11 or 23 month option at the rates quoted on December 1, 2008, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

Miscellaneous

The Town of Charlton opted not to move forward with a three-town regional Building Inspection program, so J. Malloy will move forward with interviews in the next two weeks.  H. White suggested that the Board consider filling the position on a part-time basis.  J. Malloy noted that the state adopted the enforcement of trench permitting, and he had no way of knowing what kind of work load that will create.  He said that every single trench dug that exceeds one or two feet deep will require a trench permit from the Town.  S. Halterman suggested getting the word out to the public.

The Parking Lot Lease RFP was due on December 1st and there were no bidders.

Proposed Open Space Master Plan – J. Malloy submitted a handout to the Board for review before the next work session with the Conservation Commission, PLAC and Trails Committee on the open space owned by the Town.

Correspondence

M. Blanchard commented that J. Malloy had sent a well-written letter to the Governor regarding the Thames River funds.

S. Halterman said that he would not be able to attend the December 3rd meeting regarding historical walking tours, but would get a copy of the information that will be distributed.

S. Garieri said that he had received an email regarding broken pavement on the sidewalks next to the Hometown Bank, across from the police station.  J. Malloy said that they are old asphalt sidewalks that are in rough condition, and will be replaced as part of the Route 131 reconstruction project.

Old Business

S. Garieri asked whether J. Malloy had heard back from Senator Brewer or Rep. Smola regarding the program for seniors working off their taxes.  J. Malloy said that he had not received a response yet, and will follow up on it.

M. Blanchard asked if J. Malloy had contacted Charter Communications regarding the public access channel.  J. Malloy said that they installed a new modulator, and noted that the overhead lights have an impact on the irises of the cameras.  As part of the renovation plan, there will be different lighting in the room.  He noted that the service department at Charter was very responsive.

M. Blanchard asked whether the Community Preservation Committee had voted on funding for the renovation.  J. Malloy said that they have not.  He said that the architect was expecting the 75% cost estimates shortly.  Once he receives them, he will meet with the CPC.

M. Blanchard asked about the comments that J. Malloy received regarding the banners.  J. Malloy said that he has heard positive comments about them, although two people commented that they make the poles stick out.  S. Garieri said that he had heard only positive comments.

New Business

H. White mentioned a zoning enforcement issue with the last property before Ames; they had a furniture display outside.  He was not sure whether they had a sign.  J. Malloy said that if he sees anything out there, he will talk to the owner.

M. Blanchard announced that the Christmas Tree Lighting Ceremony will take place on December 5th at 6:00 p.m. on the Common.

Tom Creamer, 359 Leadmine Road, said that regarding the sewer service allocation bylaw, some of the lots previously identified as one lot are now multiple lots.  He said that smart growth is about the efficient use of resources.  He encouraged the Board and the Town Administrator to act on the bylaw as soon as possible.

Ask the Selectmen

H. White received a call from Ginger Peabody, who indicated that there is a problem with the sound on the cable access channel.  She said that the temporary signs are good, but why do businesses still have banners or signs that say “Open”?  J. Malloy said that he has attempted to address a lot of the outstanding zoning issues, and has gotten rid of a lot of temporary signs.  He guessed that about 30% of businesses in town have the “Open” flags, and it is not a long standing issue.  S. Garieri said that he has a flag for his business, and a person from Connecticut had seen it, turned around and came back to his store, and spent a considerable amount of money because of it.  He said that his A-frame sign has brought in about five people/day.  He noted that one of his biggest costs is advertising, and the cost has been steadily increasing.  He said that the flags and signs have been beneficial to his business.  He said that business owners need an affordable way to get their message out to the public, and signs do not destroy the character of the Town.  M. Blanchard said that the Town has zoning bylaws, and if they don’t work, they need to be changed to make them work better.  S. Garieri suggested that the Board address the matter in January.

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:     M. Blanchard

Roll call vote:  All in favor.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date