BOARD OF SELECTMEN

MINUTES

MARCH 1, 2010

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.

Ted Goodwin arrived at 6:40 p.m.

Approval of Minutes

MOTION:       To accept the minutes of January 19, 2010 as corrected, by H. White.

2nd:     T. Creamer

Vote:  Four in favor; T. Goodwin abstained.

T. Creamer announced that he was audio taping the meeting; the Town was taking an audio visual recording, as well as members of the press audio taping the meeting.

Attorney Mark Donohue – Sewer Connection

Attorney Mark Donohue of Fletcher Tilton and Whipple, P.C. and Mike Loin appeared before the Board.  M. Donohue referred to his letter dated January 28, 2010 in which he requested that the Board reconsider its decision regarding a sewer connection permit for 173 Main Street.  M. Donohue said that the land in question was in Phase 1 of the sewer project, and noted that the proposed use is a reduction of utilization of sewer capacity.  He cited case law determining how to proceed, and said that the sewer allocation cannot be used to determine the type of physical use of the land.

H. White remarked that he had previously asked that Attorney Donahue’s letter be referred to Town Counsel.  M. Racicot said that he had not heard back from Town Counsel.  H. White said that the Board was at a distinct disadvantage, since it did not have Town Counsel’s response.  T. Goodwin and S. Garieri agreed.

T. Creamer said that for the sake of full disclosure, M. Donohue should be aware of the ruling that the Sturbridge Board of Selectmen act as sewer commissioners, and the Board has sole discretion regarding sewer issues.  He noted that his position is unchanged from last August in that he still supports the proponent’s request.

S. Garieri asked whether M. Donohue was aware of the document which was additional to the minutes of the meeting which stated that the DPW felt that there was not enough capacity to support the sewer connection.  M. Blanchard said that the information would be provided to M. Donohue.  It was the consensus of the Board to hold action until it receives Town Counsel’s input on the matter.

Admiral T.J. O’Brien’s – Keno Application

Timothy O’Brien, owner of Admiral T.J. O’Brien’s and Dan Rosenfeld, Director of Communications, State Lottery Commission appeared before the Board to discuss the application for a Keno license for Admiral T.J. O’Brien’s.

T. Creamer said that he reviewed the general bylaws and did not find any reason why the Board should not support the application.  S. Garieri said that Keno would be a benefit to Admiral T.J. O’Brien’s as well as a benefit to the Town in terms of lottery money.

MOTION:       In accordance with MGL Chapter 10, Section 27A, that the Board approve a Keno license application for Admiral T.J. O’Brien’s, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

Town Administrator’s Update

General Government:

M. Racicot received a request from the New England Oldsmobile Club for a car show and automotive swap meet in July.  Bill Black and two other members of the Oldsmobile Club appeared before the Board.  Chief Ford said that there were no issues, and they have a plan worked out for the event.  Chief Senecal said that there were no problems from the Fire Department’s point of view.

B. Black said that the Club will book 550 rooms at the Sturbridge Host Hotel, and have reserved a function room at the Publick House for their Ladies’ Luncheon, which 150 people will attend.

MOTION:       To approve the four-day Car Show and Outdoor Swap Meet on Wednesday, July 21 through Saturday July 24, 2010 at the Sturbridge Host Hotel, as requested by the New England Oldsmobile Club and the Oldsmobile Club of America, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot received a request from a charitable organization to hold a relay race which will pass through Sturbridge in June.  Chief Ford said that there was an issue with the state issuing a permit for their use of a state road, but it has been worked out.

MOTION:       To approve the passage of a 24-hour relay running race on June 12th and 13th 2010 sponsored by the Community Running Association in conjunction with the New England Chapter of the American Liver Foundation, with the running hours to be between 8:00 a.m. and 3:00 p.m., by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot received a request from a non-profit organization to locate donation boxes in Sturbridge.  T. Creamer said that the Board needed to make sure that the Planning Board has signed off on this request.  The Board agreed to hold action.

Financial:

M. Racicot had learned that, based upon the final number of Clean Water SRF eligible projects, DEP has adjusted the amount of principal forgiveness from 8.8% to 11.72%.  This means that the Town’s $16,689,000 loan amount will be reduced by $1,991,110 to $14,997,889.  This translates to less for the ratepayers to cover.  T. Creamer noted that it is almost a $2 million savings to the Town, and he requested a new average figure.  M. Racicot said that he would discuss it with the Finance Director.

M. Racicot said that he has been continuing work with the Finance Director on the FY 10 budget and any anticipated shortfalls to be addressed at the Special Town Meeting on April 26th.  They have almost all the numbers for the articles, including various department changes, etc.

M. Racicot attended the Finance Committee meeting to discuss the Police contract negotiations.  There was some confusion about the swing shift, and how that played into the negotiations relative to the Quinn Bill.  They resolved how it happened.  He said that the Finance Committee and the Finance Director will be in attendance at the Selectmen’s meeting on March 15th to go over the FY 11 budget and answer questions.  M. Blanchard said that B. Barry is willing to come in earlier than that to meet with the Board.  She suggested that the Board consider meeting with B. Barry at a different meeting on a different night, in order to get a head start on budget discussions.  The Board agreed to schedule an additional meeting on Wednesday, March 10th in Room 55 at Temporary Town Hall.

Personnel:

M. Racicot had conducted an exit interview with Erik Wight, Building Inspector, to hear his thoughts about Sturbridge, the position and his reasons for leaving.  E. Wight merely said it “wasn’t a match,” and that he didn’t see anything very different in Sturbridge other than the “meter maid” approach to signs.  M. Racicot appointed Curt Meskus, Building Commissioner for Charlton, to cover the transition period while a new Inspector is interviewed and hired.

M. Racicot had reviewed applications for the Building Inspector’s position, and is in the process of selecting three finalists to interview based on experience and qualifications.

M. Racicot met with the Fire Chief to go over the applications for the full-time firefighter position.  They have decided on the finalists and will be arranging interviews soon.

M. Racicot rescheduled SEIU negotiations for the successor contract, at the request of the union business agent.

M. Racicot reported that he has been working closely with department heads on various grievances.

M. Racicot said that a qualified candidate has been identified to fill the open ZBA slot, but after discussions with the Town Clerk, he realized that it would require posting the vacancy, though, and it would only be until the election on April 12th.

M. Racicot notified Tantasqua Regional/School Union 61 Districts that the Town Administrator will serve as the representative to participate in the negotiations with the Educational Support Personnel of Burgess Elementary School.  The first bargaining session is scheduled for March.

Legal:

M. Racicot communicated with Shaun Suhoski about an executive session with the Board of Selectmen to discuss an employment agreement, and suggested that the Board meet first to identify their bargaining position before bringing Mr. Suhoski into the session.  M. Racicot researched comparable communities for salary ranges and included Malloy’s contract, Suhoski’s current contract with Ayer, the position description and the charter language on responsibilities.

M. Racicot met with the Town Moderator to discuss the draft warrants for the Annual and Special Town Meetings in April.  He is interested in sitting down with the Board prior to the meetings.

M. Racicot continued to work on the warrants for the Annual and Special Town meetings to be held on Monday, April 26th.

M. Racicot worked with Town Counsel on numerous issues: Certification of contract form; development deeds; personnel issues related to Union correspondence; review of August sewer capacity denial for 173 Main Street; union grievances and contract issues…

General Government:

M. Racicot attended the Burgess School Building Committee meeting.  They discussed landscaping, specifically how to handle the trees on site, and the future use of the building as an emergency shelter, with the changes and costs that might entail.

M. Racicot attended the Town Hall Building Committee meeting.  They went over many proposed change orders for various items, which will be addressed in formal process soon.  A site visit was held for the committee to view the progress of the project.  Several department heads also visited the buildings to inspect their future offices.

Correspondence

M. Blanchard asked about the February 19th letter from Charles Kiablick of LaMarche Associates regarding a Notice of Casualty Loss to Building regarding 16 Audubon Way, Sturbridge.  M. Racicot explained that it was just a standard letter sent to Building Inspectors to notify that something has happened.

Old Business

M. Blanchard noted that a proclamation from the Board of Selectmen will be presented to John Roderick on March 6th at Piccadilly Pub in honor of his retirement.  S. Garieri said that he could attend to present the proclamation.

New Business

M. Blanchard reminded everyone that there will be a public hearing on the FY11 School Budget on Thursday, March 4th at 7:00 p.m. at Burgess Elementary School.

MOTION:       To convene in executive session under MGL Chapter 39, §23B, Paragraph #3:  To discuss strategy with respect to preparation for negotiations with non-union personnel; not to reconvene in open session, by T. Goodwin.

2nd:     H. White

Roll call vote:  H. White in favor; T. Creamer in favor; M. Blanchard in favor; S. Garieri in favor; T. Goodwin in favor.

The Board convened in executive session at 7:20 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date