BOARD OF SELECTMEN

MINUTES

AUGUST 17, 2009

Present:          Mary Blanchard, Chairman

Scott Garieri

Hal White

Tom Creamer

Michael Racicot, 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 August 3, 2009 as amended, by H. White.

2nd:     T. Creamer

Vote:  Three in favor; M. Blanchard abstained.

MOTION:       To accept the work session minutes of August 10, 2009 as amended, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

Tim Reardon – Request for Sewer Connection at 84 Old Farm Road

M. Blanchard said that the Board had a letter from Greg Morse, DPW Director, advising the Board to be careful in their consideration of the matter, as the lots in that area are not on the reserve list.  He advised against granting approval for 84 Old Farm Road at this time.

S. Garieri said that he reviewed every address on the reserve list and compared it to the Assessors’ information.  He said that there are lots that are unbuildable lots, and there were three that (according to the Assessors’ records) were nonexistent.  He noted that it would be possible to take 8,800 GPD off of the list.  He felt that the Board should encourage growth.  T. Reardon said that his efforts generate work for quite a number of people.  S. Garieri said that the Board would be remiss in denying T. Reardon’s request.  H. White said that if the Board were to grant this, a number of previous requests that had been turned down might return for reconsideration.  T. Creamer commended S. Garieri for his “outstanding research” and stated that H. White “did have a point about other folks who may have been turned down but that certainly that would have been a different board, and perhaps some of the information brought to light this evening was not available to them at the time.”  T. Creamer further stated that he was “absolutely inclined to support the request for 200 gpd.”

MOTION:       To allow a 200 GPD sewer connection at 84 Old Farm Road, by S. Garieri.

2nd:     T. Creamer

Vote:  Three in favor; H. White opposed.

Mike Loin, Bertin Engineering – Request for Sewer Connection at 173 Main Street

M. Loin informed the Board that he has been through the Planning Board and Conservation Commission process.  He said that the proposed project would be a state-of-the-art petroleum facility/convenience store.  He noted that the service bays would use approximately 607 GPD, and 44% of the parking capacity that his client had purchased.  He noted that the request is for far less than that required for a restaurant operation, which previously existed at the site.  He said that the project would employ construction workers with different trades coming in at different times during the project, and would create additional revenue for the Town.  He said that they alerted Mass. Highway of the 17 foot error in the plans, which was the last bit of information that the Planning Board had requested.  Fuss and O’Neill did the stormwater review.  He noted that the Planning Board will not make a decision until the Board of Selectmen has made a decision.

S. Garieri expressed concern about putting service bays with resulting noise and traffic next to two motels.  He noted that there are 11 auto related businesses between that site and the town line.  He did not think that another service station was needed and did not think it would be a good project for Sturbridge.  M. Loin said that the business would be operating only during day hours, and work would be done inside of the garage, so the neighborhood would not be affected by noise.  He assured the Board that the business would not be intrusive.  S. Garieri said that the other business owners in the area did not want it.  M. Loin said that the zoning at that site indicates that the proposed use is an allowed use, and the Planning Board has done due diligence.  S. Garieri acknowledged that it would be an allowed use, but said that the Board has the flexibility of not having to allow it either.  M. Blanchard said that the Board cannot disapprove of something because it did not like it; if the project follows the regulations, it is allowed.

H. White stated that “we have limited capacity and we’re being asked to allocate 607 gallons for this use; convenience store and fuel islands.  He stated that he “agreed partially with Scott in that there are so many convenience stores, so many fuel islands in town, but that he approaches it from a little different basis.”  H. White stated that he thought “we should use the capacity we have or take risks and maybe over allocate in some instances for something that will benefit the neighborhood, benefit the town, and increase tourism.”  He went on to say that he felt this was “more of the same of what is already being offered to the residents of Sturbridge” and that he didn’t “think this was a good use of the 600 gallons being requested.”  M. Loin said that Rom’s Restaurant sold off 44% of its parking lot, and that capacity will never go back to restaurant use, and said that the request was for a minute amount out of what was existing.

T. Creamer stated that he “is one that believes that if an area is zoned for something then it is zoned for it, and that if we wanted to minimize that goes into a particular area, we should alter the zoning.  He went on to say that zoning trumps the will and/or desire of an individual and that is the purpose of zoning bylaws.  T. Creamer further stated that whether he like the zoning bylaws or disliked them, agreed with them or disagreed with them, that zoning is in place for a reason.”

MOTION:       To deny the sewer connection request for 173 Main Street, by S. Garieri.

2nd:     H. White

Vote:  Three in favor; T. Creamer opposed.

T. Creamer said that zoning is the role of the Planning Board and that whether he supported this project or not is irrelevant; he supported the fact that the parcel is zoned for a service station and that was why he voted contrary to the Board of Selectmen.

Pioneer Brewing – Request for Additional Sewer Capacity for 413-419 Main Street

Todd Sullivan of Pioneer Brewing and Mike Loin of Bertin Engineering appeared before the Board.  They requested allocation of an additional 2,867 gallons of sewer capacity per day for 413-419 Main Street.  M. Loin said that the proposed redevelopment will use approximately 4,130 gallons per day, and the estimate uses Title V design guidelines to determine flow.  He said that additional capacity is needed because when the Board gave approval to Pioneer Brewery for an additional capacity of 500 gpd, that capacity was only for the brewery application; the additional capacity is required for the restaurant and coffee house component of the redevelopment.

T. Creamer noted that the request was for additional capacity over and above what was allocated.  He said that it was the single most important economic development project currently on the table for the community, as it would create a central gathering point for tourism.  H. White said that he would be willing to support it, as it would benefit tourism.  S. Garieri agreed.

MOTION:       To approve the request for 2,867 GPD for Pioneer Brewing for 413-419 Main Street, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

Hog Rally

Ed McDonald of the Harley Owners Group thanked the Board of Selectmen and the people of Sturbridge for their hospitality during the Hog Rally event.  M. Blanchard said that there were nothing but good comments about it.  T. Creamer said that the event had gone well, and the group was great.

Barbara Barry, Finance Director – Financial Update

B. Barry informed the Board that some of the budget information has changed.  She said that the actual budget came out at the end of June, and Sturbridge’s numbers were $75,000 off of the estimate; the missing component was what the new growth figure would be.  She said that the intent of the article for free cash would be to offset the tax rate.  The budget surplus with free cash is $88,596; operating deficit without free cash is -$111,404.  She noted that Bill Mitchell, Assessor, is working on the new growth figure.  The bond issue is $5,843,000.  She said that Standard and Poors has indicated that the rating for the Town of Sturbridge has increased.  M. Blanchard thanked B. Barry for taking the initiative and going forward with it.

B. Barry gave a brief overview of the meals tax and hotel/motel tax, and said that acceptance of the meals tax need to take place 30 days in advance of the beginning of the quarter in which the Town would start collecting.  She said that Sturbridge could collect an estimated $200,000/year in meals tax.  S. Garieri said that if other towns adopt it, Sturbridge would be foolish not to.  B. Barry said that the consumer will feel a small effect, but did not think that anyone would stop going out to eat because of having to pay about 75 cents more to do so.  M. Blanchard commented that Sturbridge has many dining places and hotel/motels; for a $20 meal, it would be 15 cents extra, which would not dissuade anyone from going out to eat or staying at a motel in Sturbridge.  T. Creamer suggested putting it before the voters for their decision.

B. Barry noted that the Fire Truck Committee and Finance Committee members were present.  She said that Chief Senecal was anxious to take some action on the fire trucks.  She said that to replace the 1981 pumper truck would cost an estimated $358,000, and $23,000 for equipment and mounting.  To replace the 1988 pumper would cost approximately $265,000, and $15,000 for equipment and mounting.  She noted that the Town had received $14,000 from the Town’s insurance company for the fire truck that was totaled in the recent accident.  Kevin Smith, Finance Committee Chairman, had suggested using some of the money in the reserve fund to offset the cost of one or both vehicles and reduce the debt service payments.  She noted that the reserve fund is under the control of the Finance Committee.  K. Smith noted that it would be a one time, non-recurring expense, and the new vehicles would have a long life ahead.

MOTION:       To proceed with the purchase of two fire trucks, by T. Creamer.

2nd:     S. Garieri

Vote:  All in favor.

Town Administrator’s Update

M. Racicot informed the Board that the Town Hall/Center Office Construction Committee had voted to recommend approval of proposed Change Order #14 for removal of five trees and proposed Change Order #17 to upgrade asphalt shingles on the roof to 50 year guaranteed units.

MOTION:       To approve Change Order #3 for a total amount not to exceed $9,498.34; and to authorize the Town Administrator to execute the change orders, by H. White.

2nd:     S. Garieri

Vote:  All in favor.

M. Blanchard asked whether Town Hall would have a slate roof.  M. Racicot said that a slate roof would cost an additional $85,000 and could also hold up construction; the Center Office building will have slate.  T. Creamer requested that the project engineer and project manager meet with the Board on a quarterly basis.

MOTION:       To appoint T. Creamer of Leadmine Road as the Board of Selectmen Alternate to the Central Massachusetts Regional Planning Commission for FY10, by S. Garieri.

2nd:     H. White

Vote:  Three in favor; T. Creamer abstained.

M. Racicot had received a recommendation from the EDC on their preferred representative for the Recreational Trails Master Plan Committee

MOTION:       To approve the appointment by the Town Administrator of Steve Dalberth to a position on the Recreational Trails Master Plan Committee, by S. Garieri.

2nd:     H. White

Vote:  All in favor.

MOTION:       To approve the appointment by the Town Administrator of Leslie DeLissio-Wong to the position of Open Space Assistant to the Conservation Agent, by S. Garieri.

2nd:     H. White

Vote:  All in favor.

M. Racicot informed the Board that he had traveled to Boston with members of the Burgess School Building Committee, met the architect and proceeded to MSBA offices to discuss the school project with officials.  He said that the discussion was very encouraging, and due to a lot of hard work over many years by dedicated volunteers, it appears very likely that the Town will receive a positive result from the MSBA Board on September 30th.  They were guaranteed that given that vote, the state reimbursement could be counted as “in the bank.”  Based upon their timelines and concerns, it is important that the Town act now to set a date and time for a Special Town Meeting and the necessary follow-up debt exclusion ballot vote.  The exact dollar numbers will be known soon.

MOTION:       To call a Special Town Meeting for 7:00 p.m. on Monday, October 19, 2009 to be held at the Burgess Elementary School and open the warrant for that meeting, by S. Garieri.

2nd:     H. White

Vote:  All in favor.

MOTION:       To direct the Town Clerk to call a special election for the purpose of placing a debt-exclusion question for the debt service on the Burgess School Building project on Monday, October 26, 2009, by S. Garieri.

2nd:     H. White

Vote:  All in favor.

M. Racicot informed the Board that there are some problems with the columns in front of Town Hall which may be due to a foundation issue.

Correspondence

M. Blanchard said that she had received complimentary correspondence from a resident regarding a request for planting trees, which was swiftly handled by Jean Bubon, Town Planner.

Old Business

S. Garieri requested that the DVDs of meetings be played continuously.  J. Knowles said that she would look into it.

M. Blanchard asked whether DVDs of meetings could be posted to the Town’s website.  J. Knowles said that she would try to do that, but did not think it could be done with the Virtual Town Hall media setup currently in use.

T. Creamer asked about the status of his previous request concerning the $10,000/year provided to the Town under the contract with Charter Communications, as well as the initial $50,000 conveyed to the town upon signing the renewal contract with Charter Communications.  Additionally, he requested the status of his request on any information currently available which demonstrated that the town had reached out to other telecommunications providers to ascertain interest in servicing Sturbridge.  M. Racicot said that it would have to go through the Accounting Department, and that department is stressed at the moment.  T. Creamer noted that it is getting close to the 10-day window.  M. Blanchard asked if T. Creamer had submitted a Freedom of Information Request.  T. Creamer stated no, but that if it was necessary to go that route in order to get the residents of Sturbridge the information that they should have, that he would certainly do so.  M. Blanchard stated that she may have misunderstood him, and said that a Freedom of Information Request means a response in 10 days, not necessarily the materials in 10 days.  M. Blanchard indicated that because the previous meeting had been a work session, the information request could not be formally made.  M. Blanchard stated that she thought those requests would be brought up at a regular meeting.  T. Creamer stated that the request had already been made, and that a consensus of the Board had agreed that the information was important and should be provided and stated that M. Blanchard had publicly reminded M. Racicot about fulfilling the request made at said work session.  M. Blanchard commented that department heads don’t have time to do everything they have to do and requests are handled as soon as they are able to do them.  It was the consensus of the Board that they would like to see an accounting of where that money was spent.

T. Creamer noticed a discrepancy in the list of participants in the Senior Municipal Service Program with the information provided by Barbara Barry, Finance Director.  M. Racicot said that he could ask her which list is correct.

New Business

M. Racicot said that Erik Wight, Building Inspector, requested a change in his hours for the next two months, and he did not have a problem with that.

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:  M. Blanchard in favor; H. White in favor; T. Creamer in favor; S. Garieri in favor.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date