BOARD OF SELECTMEN

MINUTES

OCTOBER 5, 2009

Present:          Mary Blanchard, Chairman

Scott Garieri

Ted Goodwin

Thomas Creamer

Michael Racicot, Town Administrator

Hal White was absent.

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 September 21, 2009 as amended, by T. Creamer.

2nd:     S. Garieri

Vote:  Three in favor; T. Goodwin abstained.

Division of Fisheries and Wildlife – Conservation Restriction Compliance

Phil Truesdell and William Davis appeared before the Board.  W. Davis said that they had identified several issues regarding the Leadmine Mountain Conservation Easement property in their letter of June 1, 2009 relative to the parking area, vehicle access, vegetation removal, bridge replacement and the upper dam.  He noted that there are provisions to allow the Town to do certain things on the property with oversight by the Division of Fisheries and Wildlife.  He suggested that a Memorandum of Understanding be established between the Town and Old Sturbridge Village prior to construction of the proposed parking area adjacent to Old Sturbridge Village Road.  He noted that padlocks have been installed, and State Fisheries and Wildlife and environmental police have access to the property.  He indicated that they are not supportive of an off road vehicle (ATV) policy for this property, and recommended that the Town implement it on other properties.  He said that they could revisit it if the Town felt it was beneficial.

Regarding the bridge replacement, W. Davis said that both the Town and OSV have been seeking funding and exploring possibilities for these structures.  He noted that communication has improved, and they will continue to monitor it.

W. Davis said that they are supportive of the trail loop to widen the existing trail and prepare it for the stone dust.

Erin Jacque, Conservation Agent, said that regarding the parking area, they have gone through multiple drafts of parking on the property, and CME put together a quote to do a design plan for the parking area.  They are hoping to retain CME, then submit the plan to Fisheries and Wildlife for review.  David Barnicle, Conservation Commission Chairman, said that it will be very expensive.  A wetland delineation has been done.  Money will be needed to accomplish the parking lot.

E. Jacque said that she had spoken with OSV, has a Memorandum of Understanding, and has spoken with Town Counsel about it.  It was suggested that the Town get an easement through the property.

E. Jacque said that regarding vehicle access, some of the rutting in the area off of Old Sturbridge Village Road is being caused by people coming in to access the bridge.  They have tried to improve lines of communication regarding vehicle access at the site.  D. Barnicle said that the rutting has been stabilized, so it is ready for winter.

M. Blanchard asked whether the Town had determined who would be the liaison.  D. Barnicle said that it would be Phil Truesdell and Erin Jacque.

P. Truesdell noted that ATV use is difficult to control, and suggested installing a gate at the entrance of Leadmine Road for a start, and to get the environmental police to patrol.  T. Creamer said that despite any gates restricting access via the designated trail heads, the parcel has numerous access points for people with ATVs via private lots surrounding the parcel.  D. Barnicle said that there is not adequate signage on the property yet, and noted that 500 signs have been ordered indicating “No Motorized Vehicles.”  He said that once the signs have been installed, the police will be able to enforce it.  Without the signage, the police cannot do anything about the situation.  He said that developing a Forest Management Plan takes a lot of money and time.  He said that they did not want a Forest Cutting Plan in place until there is a Forest Management Plan.  They have been working on it, and by next spring they will work on a Forest Cutting Plan.  P. Truesdell said that there is a requirement in the conservation restriction for the development of a Forest Management Plan.  He said that stewardship plans are very helpful.  He thanked the Conservation Commission for ordering the signs for ATV control.

T. Creamer said that the stewardship of the property was no small undertaking by the volunteers and the Trails Committee, and thanked them for their outstanding job during a short period of time.

Tom Chamberland – Request to Place a Shed on River Land

Tom Chamberland, Tree Warden, said that on behalf of the Public Lands Advisory Committee and Trails Committee, he requested permission to place a storage shed on the river land.  He also requested that the Town sign off on the partnership agreement for the Dept. of Conservation and Recreation grant for $100,000.  He said that they are acquiring a storage facility on the DPW area within 200 feet of the river.  The shed would be constructed by the High School carpentry class.  He said that the Public Lands Advisory Committee is looking for grants for trail maintenance vehicles.  He noted that a small utility tractor with the ability to have a mower deck would be a worthwhile piece of equipment.

MOTION:       To approve the request to place a shed on river land, as a recommendation to the Town Administrator, by T. Creamer.

2nd:     T. Goodwin

Vote:  All in favor.

T. Chamberland said that prior to this past spring, the Town had applied to the DCR Trails Grant Program, and this past spring they were notified that the total amount would be $97,000 to finish the construction of the Grand Trunk Trail to Wallace Road, a 1.2 miles distance, and a portion of the trail is on Army Corps of Engineers property; the rest is on land owned by the Roscioli family.  There is a recreation trail easement, and a copy was submitted to the Town Administrator for comment.

MOTION:       To have the Chairman of the Board of Selectmen sign the document, by T. Goodwin.

2nd:     S. Garieri

Vote:  All in favor.

Special Town Meeting Warrant

Article C:  Burgess Elementary School Renovation Costs

Charles Blanchard and Angela Cheng-Cimini appeared before the Board.  C. Blanchard said that they had met with the Massachusetts School Building Authority and were given the figures.  T. Creamer asked whether the number would change anything in the motion.  C. Blanchard said that there are certain ineligible costs and legal fees, and there is a certain cap on site work.  He submitted to the Board a breakdown on the distribution of Burgess debt, project borrowing options and the cost for an average single family home.  He noted that it is the Board of Selectmen’s decision on how to borrow.

T. Creamer said that he supports the project 100%.  He noted, however, that people are concerned about increases in their taxes and questioned the level of marketing that would be done in support of the project.  C. Blanchard admitted that the economy is not the greatest, but people recognize that the need is certainly there for the renovation of Burgess.  He said that if the Town doesn’t pass it at Town Meeting, this $24 million earmarked for Sturbridge will go to other communities, and later on it may not be considered at all.  The first year would be the highest cost that residents would see.  A. Cheng-Cimini said that they have a strategy for an aggressive outreach to residents in the next few weeks.  She said that they hope to convey a sense of urgency regarding the project.

S. Garieri asked what the numbers would be without funding from the state.  C. Blanchard said that the tax impact would be doubled.   Angela Cheng-Cimini said that they have done a cost benefit analysis, and the amount of work that needs to be done to make it livable is in the tens of millions of dollars.

S. Garieri said that it would be a green school that would save money.  A. Cheng-Cimini said that the building will have a bigger footprint.  It will be a much more energy efficient school and will even have water reclamation.  S. Garieri said that the cost of running the school should be less.  Carl Franceschi said that the amount budgeted for maintenance and repairs will be much reduced.  He noted that the windows will be better, and won’t lose as much energy.  There is minimal electrical distribution, and there would be savings in water usage.

T. Goodwin said it is a smart investment in economic health.  He noted that when new couples come into town, the first thing they look at is the schools.

MOTION:       To support Article C, by T. Creamer.

2nd:     T. Goodwin

Vote:  All in favor.

Article G:  An Act authorizing the town to penalize those who abandon motor vehicles.

Craig Moran said that the law was enacted in 1989, and needs to be adopted by the Town.  He said that the current law on the books states that the police can fine the person who abandons a motor vehicle, and their license can be revoked, but there is no mechanism for disposing of the vehicle.  He said that Sturbridge Auto Body and other such entities in Town end up being stuck with abandoned vehicles at a tremendous cost to them.  He said that when this law is adopted, there will be a $250 fine payable to the Town; $10 of it goes to the Registry of Motor Vehicles when the license becomes attached.  He said that some blighted vehicles are at Sturbridge Auto Body for over a year.  He noted that passage of the law would help to reduce the unsightliness of abandoned vehicles at Sturbridge Auto Body.

Chief Ford said that the Parking Clerk is Barbara Barry.  He said that the law is business friendly, and did not think that Barbara Barry would be burdened with this.  C. Moran said that he does a lot of legwork under the current system.  Businesses work hand in hand with the Police Department.  He said that Southborough has adopted it and is very satisfied with how it has worked for them.  The violator’s license becomes attached; there is a fine to pay; and they have to pay charges to the service center that has stored their car.

M. Racicot said that it is obviously good for the business too, and good overall for the whole community.

MOTION:       To support Article G at the Special Town Meeting, by T. Goodwin.

2nd:     S. Garieri

Vote:  All in favor.

Appointment of New Dispatcher

MOTION:       To approve the appointment by the Town Administrator of Nancy L. Kelleher to the position of Dispatcher within the Sturbridge Police Department, effective October 6, 2009, by T. Goodwin.

2nd:     T. Creamer

Vote:  All in favor.

Special Town Meeting Warrant

Article A:  Slate Roof for Town Hall

M. Racicot said that the price of $85,000 would be held until the day after the Special Town Meeting.  He noted that it will add a month to the construction time, and the Town will have to pay another month to the architect, contractor, crew and rent at OSV, which added up to $107,782.80.  He said that the money is there.  T. Creamer said that he wished that someone from the Community Preservation Committee was present to address several questions he had.  He questioned whether the money could be better spent on another aspect of CPA funding restrictions, such as open space management or affordable housing, as opposed to a slate roof.  He found it hard to support it without more information, and suggested meeting with the CPC prior to the Special Town Meeting.  M. Blanchard noted that it was a unanimous vote by the CPC, and falls under one of the three headings for the money.  S. Garieri asked whether the Building Committee was favor of it.  M. Racicot said that the Building Committee is in favor of it now, as long as these funds are passed at Town Meeting.  S. Garieri said that this slate roof will only be seen from overhead, and a slate roof requires maintenance.  He said that there may be a better way to spend $100,000.  It was the consensus of the Board to invite Penny Dumas to the work session on October 13th, and to hold their vote until then.

Article B:  Local Excise of .75% on Restaurant Meals

S. Garieri said that the addition of 15 cents – 75 cents to a restaurant tab would not discourage anyone from eating out.  He said that this would be a great way to raise some income for the Town, and said that he supported it.  M. Blanchard agreed.  T. Creamer said that he was still not sure about it, and felt that it would put more of a burden on residents who eat out, and was not completely convinced that the Town has done all it can regarding cutting the fat from the budget.  M. Blanchard said that Sturbridge has always been frugal in its budgets. T. Creamer cited expenditures of thousands of dollars on studies that the Town already had received professional guidance on, as well as the $180,000 a year budgeted for a recycling center used by only a quarter of Sturbridge residents as areas that he believed the Town was economically deficient in.  He indicated that he was not ready to support this, were it brought to a vote this evening.  T. Goodwin said that he was willing to do more research.  He noted that it was a better way to tax people than raising property taxes.  He expressed concern about putting a burden on businesses.  M. Blanchard said that most of the research is conjecture, and full studies have not been done.

Article D:  Road Acceptance of Streets Within the Preserve

MOTION:       To support Article D, by T. Creamer.

2nd:     T. Goodwin

Vote:  All in favor.

Article E:  Local Excise of 6% on Rental of Rooms

MOTION:       To recommend a 1% increase in the Room Tax, by S. Garieri.

2nd:     T. Goodwin

Vote:  All in favor.

Article F:  Fund Additional Cost for Well #4

MOTION:       To support Article F, by T. Goodwin.

2nd:     S. Garieri

Vote:  All in favor.

Article H:  Transfer a Sum of Money to Fund the Labor Agreement between the Town of Sturbridge and the Sturbridge Police Association

MOTION:       To support Article H, by S. Garieri

2nd:     T. Goodwin

Vote:  Three in favor; M. Blanchard abstained.

Town Administrator’s Update

MOTION:       To approve the bid for Trail Gravel picked up for $12.00 per cubic yard from Herb Holding Trucking of Broad Brook, CT and for delivered gravel to Caron Construction and Environmental of Sturbridge for $12.40 per cubic yard and have the Town Administrator execute the necessary documents to move forward, by T. Goodwin.

2nd:     S. Garieri

Vote:  All in favor.

MOTION:       To rescind the appointment of Jeff Bonja from the Trails Committee; and instead approve his appointment by the Town Administrator to a position on the Trails Master Plan Steering Committee, by T. Goodwin.

2nd:     S. Garieri

Vote:  All in favor.

MOTION:       To renew the temporary appointment of Michael J. Racicot for an additional three months (October 14, 2009 to January 14, 2010) as allowed in the Sturbridge Town Charter for temporary Town Administrator, by T. Goodwin.

2nd:     S. Garieri

Vote:  All in favor.

Old Business

T. Goodwin said that he had attended the Natural Living Expo, and heard from different people what a great place Sturbridge is to visit.

T. Creamer asked whether Tighe & Bond would provide the Board with information in advance regarding Route 15.  He noted that the Board had asked for numbers on the sewer service area.  M. Blanchard suggested inviting them in to discuss the matter.

T. Creamer asked whether there had been any applicants for the Energy Committee.  M. Racicot said that no one has applied.

T. Creamer reminded the Board if its commitment several months back to review the alcohol violations policy, citing previous violations that had come before the Board, and the disparity of punishment levels in comparison to elapsed time between violations.  He said that one of the alcohol violations that had come before the Board was an establishment that had a previous violation over 10 years ago, yet the punishment was the same as someone with multiple violations in a more condensed time period.  He suggested that the Board consider adopting a policy regarding subsequent violations.

M. Blanchard said that she had attended the presentation regarding Lyme disease.

M. Blanchard asked about the discussion regarding 2010-2013 at the CMRPC meeting.  T. Creamer said that he would contact Larry Adams.

New Business

T. Creamer said that the REAS Foundation started its 10K circle of friends and businesses, and noted that the money will go toward fuel assistance for residents in need.

T. Goodwin suggested that the EDC put together some numbers regarding fees for shows.  He asked how much money is being brought in by the shows.

M. Blanchard said that the Mass. Dept. of Revenue has certified free cash at $488,443.  M. Racicot noted that the amount is half of what the Town usually receives.

M. Blanchard asked about the status of the flags on Route 131.  T. Creamer said that they would be removed over the coming weekend.

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 T. Goodwin.

2nd:     S. Garieri

Roll Call Vote:  M. Blanchard in favor; T. Creamer in favor; S. Garieri in favor; T. Goodwin in favor.

Respectfully submitted,

Judy Knowles

____________________________

BOS Clerk                             Date