BOARD OF SELECTMEN

MINUTES

FEBRUARY 16, 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.

Habitat for Humanity – Affordable Housing

Charles Blanchard and Hank Rauch of Habitat for Humanity appeared before the Board.  Pat Jeffries, Bob Ayres and Mike Rylant of the Housing Partnership Authority were also present.

C. Blanchard raised the issue that there was a 2008 Special Town Meeting vote for this particular piece of land.  Work started on a Purchase and Sale Agreement, and the property went through the RFP process.  Habitat for Humanity took the RFP out.  M. Racicot was working with Kopelman & Paige on a land development agreement, and they need that agreement to move forward with this process.  H. Rauch said that he was pleased to be working with this community, and noted that they cover 30 towns.  He noted that there are wetlands in the area.  He said that they will get permitting for the design, and will make commitments on budget and home design.  He said that the project will count toward Sturbridge’s affordable housing.  They will find local help for fundraising and to help with family selection.  He said that the project will take 3-6 months to permit and 12-18 months to build.  C. Blanchard noted that the project will have town water and sewer.

MOTION:       That the Board execute a quitclaim deed to Habitat for Humanity and to sign the land development agreement drafted by Town Counsel, by T. Goodwin.

2nd:     T. Creamer

Vote:  All in favor.

Publick House – Disputed Water Bill

Michael Glick, Manager of the Publick House, appeared before the Board.  He noted that the Orchard has been closed for the past four years.  They paid the contested bill in full, but requested an abatement.

M. Blanchard said that Greg Morse, DPW Director, had submitted a letter regarding the disputed bill.  G. Morse said that he had been to the site, but found nothing conclusive.  They tested the meter and found that it had been under recording; they believe that the water went through there, but they don’t know where it went.  He said that it may have gone out through a storm drain.  M. Glick said that he didn’t know either.  He noted that there is an outside spigot, but it has not ruptured.  He could not understand how 1.6 million gallons of water could have gone through the meter over a 90 day period.

S. Garieri asked if there were underground sprinklers that could have used water.  M. Glick said that there is an underground irrigation system, but no sprinklers were near the building, and were not hooked up to it.

Shane Moody, Veolia Water North America, said that water has to go through the meter to make the meter move, and he felt it was possible for 1.6 million gallons of water to go into the ground, if soil conditions were right.

M. Blanchard said that the Town has a policy that the property owner must prove that he is not at fault.  T. Creamer acknowledged the policy, but stated that the DPW Director himself could not conclusively say that the water went through the meter and that he could not conclusively say that it didn’t.  T. Creamer felt that based upon a 22 month history, it was inconceivable that this could have occurred in the manner some were suggesting.  He thought that the Board should abate the amount, or at the very least find some middle ground and come to a resolution that recognizes the Town’s need to maintain consistency with policy.  T. Goodwin agreed with T. Creamer, and said that he would like to find out whether there was a leak.  G. Morse said that to use that much water, there would have to have been a wide open spigot at full pressure.

H. White noted that the meter was tested and found to be under recording.  He said that it is not the Town’s role to find out what happened on the other side of the meter.  M. Blanchard agreed with H. White’s position.  S. Garieri suggested tabling the matter for the time being, as the Board needed to move on to the Town Administrator candidate’s interview.

Town Administrator Candidate – John D’Agostino

John D’Agostino appeared before the Board.  He noted that he has spent his entire life in public service.  Each Selectman in turn asked questions of the candidate.  J. D’Agostino outlined his vision for the Town of Sturbridge, and the need for the Town Administrator to partner with the Board of Selectmen, department heads, the business community and tourism industry.  He thanked the Board for the opportunity to address them again.

Town Administrator’s Update

General Government:

M. Racicot received a request from 420 Main Street Group Inc. seeking a license for live entertainment and a license for a digital juke box.  The requested hours of operation were 11 a.m. to 1 a.m.  Michael Cantwell appeared before the Board.

MOTION:       To grant a live entertainment license and a license for a digital jukebox to 420 Main Street Group, Inc. for the hours of 11 a.m. until 1 a.m. as detailed in their application dated February 9, 2010, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Cantwell informed the Board that the Town Hall staff had been very helpful during the permitting process, with the exception of the Board of Health Agent.  M. Blanchard suggested that he contact the Chairman of the Board of Health regarding his complaint.  T. Creamer added that he should speak directly to all three members of the Board of Health, to convey his frustration to the people who have the jurisdiction to address the matter.

Financial:

MOTION:       That the Board, under the authority granted within MGL Ch. 44, §31D, approve deficit spending for Snow and Ice expenses as requested by the Director of Public Works in his memo dated February 2, 2010, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot attended two Finance Committee meetings as they went over the various operating budgets.  He provided them with a draft Annual Town Meeting warrant, answered questions and provided information as requested.

M. Racicot worked with the Finance Director on the FY10 budget and any anticipated shortfalls to be addressed at the Special Town Meeting on April 26th.  He has been reviewing balances and questioning departments on outstanding bills.

M. Racicot received all of the paperwork from the Finance Director to complete the interim borrowing of up to $20,000,000 for the wastewater treatment plant project.

MOTION:

(1)               That the Town shall issue a bond or bonds in an aggregate principal amount not to exceed $20,000,000 (the “Bonds”) pursuant to Chapters 29C and 44 of the General Laws and a vote of the Town passed April 28, 2008 (Article 10), for construction of sewage treatment and other water pollution control facilities identified in such vote (the “Project”);

(2)               That in anticipation of the issuance of the Bonds the Treasurer is authorized to issue an interim loan note or notes (the “Notes”) from time to time in an aggregate principal amount not to exceed $20,000,000;

(3)               That each Bond or Note shall be issued as a single registered security, and sold to the Massachusetts Water Pollution Abatement Trust (the “Trust”) at a price determined pursuant to the Loan Agreement;

(4)               That the Treasurer is authorized to determine the date, the form, the maximum interest rate and the principal maturities of each Bond and Note, and to execute a Loan Agreement (or Agreements) with the Trust with respect to the sale of the Bonds and Notes, such date, form and maturities and the specific interest rate or rates of the Bonds and Notes to be approved by a majority of the Board of Selectmen and the Treasurer as evidenced by their execution of the Bonds or Notes;

(5)               That all action taken to date by the Town and its officers and agents to carry out the Project and its financing, including the execution of any loan commitment or agreement by the Treasurer, are hereby ratified, approved and confirmed; and

(6)               That the Treasurer and the other appropriate Town officials are each hereby authorized to take any and all actions necessary and convenient to carry out the provisions of this vote, including execution and delivery of the Loan Agreement(s) and the Project Regulatory Agreement(s) relating to the Project

By T. Goodwin.

2nd:     H. White

Vote:  All in favor.

Personnel:

M. Racicot collected 13 applications for the Building Inspector position; closing date is Thursday, February 18th.

The Fire Chief notified M. Racicot that he has received 8 applications for the full-time firefighter position; closing date is Friday, February 19th.

The resignation of one of the Burgess Building Committee members has prompted the District to offer up another candidate to fill the slot.

MOTION:       To approve the appointment of Katherine Alexander as a member of the Burgess School Building Committee, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot was notified by the Sturbridge School Committee that they have entered negotiations with the Educational Support Personnel of Burgess Elementary.  Under Ed Reform, the Town has the right to have a representative participate in the negotiations.

MOTION:       To notify 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, by T. Goodwin.

2nd:     T. Creamer

Vote:  All in favor.

Legal:

M. Racicot worked with Town Counsel and the American Arbitration Association on the scheduling for the pending labor arbitration case, currently set for the end of April.  The invoice problem was resolved.

M. Racicot drafted the ballot question related to the Town Charter change as voted at the last Annual Town Meeting and had it reviewed by Town Counsel.

MOTION:       To request that the Town Clerk put the ballot question concerning a Town Charter change on the warrant for the April 12, 2010 town election, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

MOTION:       To close the warrant for the Special Town Meeting to be held on Monday, April 26, 2010, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

General Government:

Equipment problems at the Public Safety Complex held up broadcasting of several government meetings.  M. Racicot worked with Charter Communications to rectify the problems with the unit.

M. Racicot met with Tantasqua Superintendent Dan Durgin, Veolia manager Shane Moody and DPW Director Greg Morse to discuss the water and sewer operations at the district campus.  Various maintenance issues were discussed and the Superintendent promised to get answers for the Town.

M. Racicot received a request for a charity run/walk at Hyland Orchard, with proceeds to benefit the JLT Foundation supporting melanoma education and research.

MOTION:       To approve the 5th Annual BB 5K Charity Run/Walk on Saturday, May 29, 2010 at the Hyland Orchard and Town roads as noted in the letter from Steve and Peg Hall dated February 11, 2010, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

Correspondence

M. Blanchard received an email from Timothy Burke regarding the establishment of a sick bank for Sgt. Michael Cloutier.

MOTION:       To allow establishment of a sick bank for Sgt. Michael Cloutier, pending approval of the Town Administrator and Chief of Police, by T. Goodwin.

2nd:     T. Creamer

Vote:  All in favor.

H. White noted that the correct process should be followed:  Chief Ford should review it first, then the Town Administrator, then the Board of Selectmen.

Old Business

T. Creamer asked whether the Board had received a resignation letter from the Chair of the Economic Development Committee.  M. Racicot said that he had received it on February 16, 2010.

H. White noted that he had requested that the Building Inspector put together a record of permits over the past three years.

New Business

T. Goodwin asked when the Cable Advisory Committee would meet with the Board of Selectmen.  M. Racicot said that the Committee would come in to meet with the Board either next week or the week after.

M. Blanchard had received an email from John Roderick, who will be retiring after 30 years of service with the Fire Department.

MOTION:       To issue a proclamation to John Roderick, by T. Creamer.

2nd:     T. Goodwin

Vote:  All in favor.

Approval of Minutes

MOTION:       To accept the minutes of February 1, 2010 as amended, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

MOTION:       To accept the work session minutes of February 8, 2010, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

MOTION:       To accept the executive session minutes of February 8, 2010, to remain confidential, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

MOTION:       To adjourn, by S. Garieri.

2nd:     T. Creamer

Vote:  All in favor.

The meeting was adjourned at 9:40 p.m.

Respectfully submitted,

Judy Knowles

______________________________

BOS Clerk                             Date