BOARD OF SELECTMEN

MINUTES

DECEMBER 21, 2009

Present:          Mary Blanchard, Chairman

Scott Garieri

Ted Goodwin

Thomas Creamer

Hal White

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 October 27, 2009 as amended, by H. White.

2nd:     T. Goodwin

Vote:  Three in favor; T. Creamer abstained.

Pole Hearing

Susan Payne, National Grid, appeared before the Board.  She presented two applications for new poles on Main Street.  The first was to install one pole on Main Street beginning at a point approximately 800 feet east of the center line of the intersection of Old Sturbridge Road.

Matt Rousseau, 49 Main Street, said that the sketch did not go into detail, and expressed concern that the pole would be placed in his entryway.  G. Morse said that the pole would be placed in the existing island.  S. Payne offered to have the person who did the drawing stake the location of the pole at the site.

S. Garieri arrived at the meeting.

MOTION:       To approve the pole petition for pole #2-84, by H. White.

2nd:     T. Goodwin

Vote:  Four in favor; S. Garieri abstained.

The second was to install one pole on Main Street beginning at a point approximately 135 feet east of the center line of the intersection of Wallace Road.

MOTION:       To approve the pole petition for pole #20-84, based on the condition that the Electric Company coordinate with the abutter regarding placement of the pole, by H. White.

2nd:     T. Creamer

B.T.’s Smokehouse – Common Victualler License for 392 Main Street

MOTION:       To approve the Common Victualler License for Brian Treitman for B.T.’s Smokehouse at 392 Main Street, by T. Goodwin.

2nd:     S. Garieri

Vote:  All in favor.

Town Administrator’s Update

Financial:

M. Racicot informed the Board that Union 61/Tantasqua is looking for a Budget Liaison for the FY11 school budget, and they would like a Selectman to participate.  T. Goodwin volunteered to serve as liaison.

M. Racicot said that he had received a request for $2,100 in the FY2010 budget for the Adopt-a-Pot program.  It was the consensus of the Board to submit the request to the Betterment Committee.

M. Racicot said that after the bid opening and review of the General Contractor bids on the Wastewater Treatment Facility project, a recommendation was made for award.

MOTION:       To accept the bid from R.H. White Construction with a total bid amount of $14,668,000 for the Sturbridge WWTF Upgrade Project, and to have the Town Administrator sign the necessary documents, by S. Garieri.

2nd:     H. White

Vote:  All in favor.

M. Racicot informed the Board that he had discussions with Bruschi Bros. over the final payment for the Route 131 water main project, during which he expressed concerns and explained the Town’s contractual rights to hold payment for a brief time.  He noted that the Town is bound to pay them within 30 days of completion of the work.  He said that they will make whatever repairs are necessary.

M. Racicot communicated with James Donahue, Old Sturbridge Village President, to convey the Board’s offer related to the current lease for the Lodge and the renovations at the Town Hall.  The architect had indicated that he expects the renovations to be completed next summer.

MOTION:       To approve an extension of the lease for temporary municipal offices originally signed with Old Sturbridge Inc. for an additional four months, under the provisions contained in Section 2, Term of Lease, and have the Town Administrator process the necessary documents, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot met with the Burgess School Building Committee and went over the design activities underway.  They discussed the steps ahead, interaction with MSBA and tasks for the upcoming months.  They are researching tree removals, possible land swap and website materials.

Personnel:

M. Racicot received notice that Ward Palmer no longer wishes to serve on the Sturbridge Public Lands Advisory Committee.

MOTION:       To rescind the appointment of Ward Palmer by the Town Administrator from a position on the Sturbridge Public Lands Advisory Committee, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot reviewed the records on the creation of the Sturbridge Public Lands Advisory Committee which revealed that in 2006 the Board of Selectmen approved its creation, with a composition including one Selectman as a member.  T. Creamer said that he is their liaison, and will serve.  M. Racicot noted that there also needs to be a Conservation Commission member and a Historical Committee member.

MOTION:       To approve the appointment by the Town Administrator of David Barnicle as the Conservation Commission member on the Sturbridge Public Lands Advisory Committee, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

Legal:

M. Racicot received another public record request from a newspaper for the three original Town Administrator candidates.  He referred the matter to Town Counsel and responded appropriately.

M. Racicot received copies of the election warrant prepared by the Town Clerk for the special Massachusetts Senate election in January.

MOTION:       To approve and sign the warrant for the election to cast votes for Senator in Congress on Tuesday, January 19, 2010, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

Realizing that the employment recruiting and hiring process for the permanent Town Administrator candidate might extend beyond the end of his contract with the Town, M. Racicot contacted Town Counsel for a legal opinion as to the Charter’s provisions.  With the complexity and myriad issues ongoing in the community, he did not want to see a situation where Town business was compromised by a vacancy in the office.  He submitted to the Board the legal opinion from Town Counsel as to whether the Charter would allow continued services beyond the current six months.  T. Creamer asked when M. Racicot had determined that it was necessary to take this action.  M. Racicot said that he determined it a couple of weeks ago, and noted that if the Board were to vote for a candidate who was working in another community, that candidate would have to give notice to his/her present employer before leaving to work for Sturbridge.  He said that this could extend past the end of his contract.  M. Blanchard said that she had discussed the matter with M. Racicot.  T. Creamer considered that to be a unilateral decision, and said that the Board should have discussed it.  M. Racicot said that he did not consider getting input from Town Counsel as a policy decision; it was a legal opinion.  T. Creamer said that he would not support what he views as legal activism with the Town Charter.  M. Blanchard said that Kopelman & Paige is Sturbridge’s Town Counsel, and the Board should abide by their opinion.

General Government:

M. Racicot participated in a meeting with the engineer, DPW Director and representatives of Waterline Industries concerning the Well #4 project and a timeline for completion of the project.

M. Racicot attended the Town Hall construction meeting, and discussed the schedule and the progress during the last few weeks.  He worked with Verizon to coordinate a fiber optic connection between the buildings.

After M. Racicot and Greg Morse, DPW Director, reviewed proposals for treatment options for Well #1 which DEP indicated was now classified as GWUI, groundwater under the influence of surface water, requiring different treatment parameters, they agreed that the proposal from Veolia was most cost effective.

MOTION:       To accept the proposal from Veolia Water dated November 12, 2009 to assist in the evaluation and implementation of a solution to the classification of Well #1 as a GWUI well; and to start the project with funds on hand, with the balance contingent upon transfer at the next Town Meeting, as recommended by the Director of Public Works; and have the Town Administrator sign the necessary documents, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot informed the Board that the Cable Advisory Committee will meet on Wednesday, December 23rd to review options for the cable TV contract.  He has been talking with Tom Cohan of Charter Communications.

Charles Kady – Request for a Sewer Connection

Charles Kady appeared before the Board to request a sewer connection at 83 Fairview Park Road.  M. Blanchard said that the Board had received input from the DPW Director, indicating that the Board should be careful in approving such requests for properties not on the reserve list, at least until the new wastewater treatment plant is completed.  T. Creamer noted that 83 Fairview Park Road was not on the reserve list.  G. Morse said that it is a subdivision of land.  T. Creamer said that in August the Board had before it a similar letter from the DPW Director.  He reminded the Board that the vote that evening was 3-1; H. White had voted against it.  T. Creamer then asked the Board what, if any, difference there was between this request and the one submitted in August, other than the fact that the Board knew the August applicant.  M. Blanchard said that there was no difference, except that now the Board needs to be really careful with the reserve.

H. White said that the Board has consistently turned down all applications for all properties not on the reserve list from 2005.  He said that the reason was at that time the Board was made aware of the lack of match between what the Board had been doing (granting requests) and the capacity of the wastewater treatment plant.  The Board had decided on a moratorium for all residential connections.

T. Goodwin agreed with H. White, and said that the Board should recognize what G. Morse has indicated.  He said that there might not be enough flow for Basketville, Ames and other things coming before the Board.  He asked whether it would be possible to install a septic system at the property.  C. Kady said that he wasn’t sure that it would perc.

S. Garieri said that he had done some research on the matter, and would like to review it again before voting on C. Kady’s request.  T. Creamer suggested that the Board wait for S. Garieri’s input, and suggested that the Board adopt a policy to handle requests fairly and consistently.

H. White said that when the Town did the CWMP, Tighe & Bond was paid to revise it, then there were questions about the accuracy of Tighe & Bond’s work.  J. Malloy and Tighe & Bond reviewed questions and discrepancies.  H. White suggested that the list needed to be validated; then when the Board is sure of the information, it can go forward.

S. Garieri said that he had used the Assessors’ website to verify information.  He said that the list might contain connections that may never happen.  He said that he would sit down with the Assessor to verify information with him.  T. Goodwin suggested consulting the DPW Director also.  M. Blanchard told C. Kady that the Board would be in touch with him after reviewing the information.

Correspondence

M. Blanchard noted that Greg Morse, DPW Director, had sent a memo to the Board and the Town Administrator indicating that a clerical error was made in sorting out the Paving & Road Materials Bid for FY10.  The John S. Lane bid for ¾” stone picked up at $10.35/ton was the low bidder for that category and should have been awarded the item.

MOTION:       To award the Paving & Road Materials Bid for ¾” stone at $10.35/ton for FY10 to the John S. Lane Company, by T. Creamer.

2nd:     T. Goodwin

Vote:  All in favor.

M. Blanchard noted that William Reid of The Last Green Valley requested financial support for their program Walktober.  T. Goodwin suggested getting some input from the Historical Committee.  H. White suggested forwarding the request to the Sturbridge Tourist Association.

Old Business

Regarding the Town Administrator position, S. Garieri thought that the interviews had gone relatively well.  He asked for input from the rest of the Board.  T. Goodwin said that the Search Committee had brought forth good candidates, but expressed concern about their being a good fit for Sturbridge.  He said that he would not be willing to support any of those three candidates.  H. White said that each candidate has positives and negatives, but all had the requisite skills to do the job, and noted that there was a question of fit; the Board should not try to put a round peg into a square hole.  He said that he would not be willing to support any one of them.  T. Creamer stated that Mike Racicot owed an apology to the Town Department Heads for suggesting that they had been in collusion with Mr. Creamer in terms of the manner by which the Department Heads would convey gathered information to the Board of Selectmen.  T. Creamer further stated that no such collusion had occurred and that it was unfortunate that our Department Heads were subjected to M. Racicot’s comments.  He noted that there had been a great deal of information and distribution of information that was provided to the Department Heads and the Board of Selectmen.  He said that the Board’s decision should not be weighted too heavily on one piece of information.  He noted that one candidate offered a complete vision for Sturbridge, who understood the importance of tourism, and who suggested that the Board consider on-site systems or a satellite system for Route 15.  He said that despite the campaign against Mr. D’Agostino, he would support his appointment.  M. Racicot noted that the Board of Selectmen is not bound by the Search Committee’s choices, and does not have to choose one of those three.  He said that the Board could form a new Search Committee, or the current Search Committee could provide additional candidates for the Board’s consideration.  M. Blanchard agreed that nowhere in the Charter does it state that the Board of Selectmen has to accept a candidate presented by the Search Committee.  She said that the Department Heads’ input was an important component; and she would not be comfortable voting for any of the three candidates.  She suggested that the Search Committee bring other candidates forward.  James Ehrhard, Chairman of the Search Committee, said that they have two alternate candidates to present to the Board; or if necessary, the Search Committee could review the applications again and present other candidates.  T. Goodwin said that he wanted to make it clear that the negative emails regarding one candidate did not weigh into his decision.  He noted that it is a tough process, and expressed concern that it was rushed.  S. Garieri thought that John D’Agostino had a high level of competency, and that he did fit the Town well with his experience.  He noted that Mr. D’Agostino had done a great job in Mansfield during his tenure there, and said that he would feel comfortable with having him as Town Administrator.  M. Racicot said that Town Counsel’s opinion was that if the Search Committee is to present more candidates, there should be three of them.  He noted that it need not mean that any of the three former candidates could not be considered by the Board.

MOTION:       To direct the Town Administrator Search Committee to continue the process, and bring forth three additional candidates, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

T. Creamer thanked Annie Chojnicki for her efforts in securing the Clydesdales’ visit, and Michael Cimini, Alex McNitt of the Chamber of Commerce and Jim Donohue of Old Sturbridge Village for coordinating the event.

T. Creamer nominated T. Goodwin as liaison for the Energy Advisory Committee.  T. Goodwin accepted.

T. Creamer asked about the absence of the Building Inspector at the last meeting.  M. Racicot said that he planned to reschedule him for a future meeting of the Board of Selectmen.  T. Creamer asked M. Racicot to find out why Erik Wight did not come to the previous meeting.

T. Creamer noted that there are multiple sign and light violations on Routes 131 and 20.  M. Racicot said that some of the complaints turned out to be groundless.  He said that Erik Wight is addressing them.  M. Blanchard noted that a lot of these issues have been brought to his attention before, and the Board needs him to report on these issues.

T. Goodwin asked about the status of the Ansar application.  M. Racicot said their application was one of the worst that Jean Bubon, Town Planner, had received.

New Business

T. Creamer asked the Board to consider reviewing the contract with Kopelman & Paige and review the Town’s relationship with them to see if Kopelman & Paige is a good fit for the Town of Sturbridge.  He noted that West Brookfield has ended their relationship with Kopelman & Paige.  He said that he is becoming concerned as to whether or not the Town’s contract with them is in the best interest of the Town.  H. White said that Town Counsel is selected by the Town Administrator.  He thought that there has been a dichotomy of some of their decisions over a period of time.  T. Goodwin added that he has seen some of the concerns in other towns as well.

M. Blanchard wished everyone a Merry Christmas and Happy New Year.

MOTION:       To adjourn, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

The meeting was adjourned at 8:30 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date