BOARD OF SELECTMEN

MINUTES

APRIL 5, 2010

Present:          Mary Blanchard, Chairman

Scott Garieri

Ted Goodwin

Hal White

Thomas Creamer

Michael Racicot, Town Administrator

The Chairman called the meeting to order at 6:30 p.m. following the Pledge of Allegiance.

S. Garieri addressed the Board and audience.  He apologized to Carol Childress for what he had said during the Town Administrator Search Committee meeting; he apologized to the candidates who are running for office; he also apologized to the people of Sturbridge.  He said that T. Creamer should have taken the matter up with the Board instead of through the press.  He said that he wanted to put this personal feud behind him and move forward, and encouraged T. Creamer to do the same for the greater good of the Town.

T. Creamer reminded Mr. Garieri that he had nothing to do with the story and in fact had refused to provide the press with a statement.  He further pointed out that the press had contacted members of the Town Administrator Search Committee in response to the minutes being released and that he (T. Creamer) had become aware of the pending story only after he had been asked to comment, to which he declined.  He said that he was encouraged by S. Garieri’s expression of regret and remorse, but that he was concerned with the timing of the apology, as up until several days ago he had indicated to several press outlets that he stood by his comments and did not take responsibility for them, even suggesting that his comments had been misrepresented.  M. Blanchard noted that S. Garieri and C. Childress have apologized, and said that the Board should move on.  She said that the Board has very little discretion on what it can do.  T. Creamer read a statement indicating that what S. Garieri had said was inexcusable and intolerable, and as Selectmen they are responsible for enforcing the laws of the Town of Sturbridge.

MOTION:       That in light of the seriousness of these violations, the Board recognizes its responsibility to ensure that the Town is committed to provide a work environment that is free from all forms of abuse and harassment, as well as the right of all employees to be treated with respect and dignity; as such, the Board of Selectmen recognizes that S. Garieri’s comments were inconsistent with this policy, leading to a hostile work environment that is not in keeping with the ideals of this body, by T. Creamer.

2nd:     T. Goodwin

M. Racicot noted that the Town has a sexual harassment policy, and T. Creamer was going in a direction that was outside of the process.  He said that T. Creamer did not come to him with a complaint.  T. Creamer said that the Board has the right to establish a policy message to the community that it does not condone this behavior.

H. White said that there were witnesses at that meeting and there has been enough publicity about what had taken place at that meeting.  He said that there is no dispute that improper and vulgar language was used.  He said that T. Creamer’s motion goes a little further and takes the position that sexual harassment had occurred, and that is a semi legal determination.  He said that for the Board to take the position that sexual harassment occurred without an investigation by the Town Administrator skips a step and puts the Board on record that sexual harassment occurred.  The Board knows that vulgarities occurred, but whether it was sexual harassment, the Board doesn’t know.  T. Creamer said that his motion did not state that sexual harassment had occurred; only that S. Garieri’s comments were inconsistent with the policy, leading to a hostile work environment not in keeping with the ideals of this body.  H. White said that for the Board to determine that there is a hostile work environment without an investigation by the Town Administrator skips a step and puts the Town in legal jeopardy.

M. Blanchard said that to initiate an investigation by an outside party would be a waste of time, and noted that both S. Garieri and C. Childress had apologized for their actions.  T. Goodwin said that the Board should recognize that things were said and done by S. Garieri as a member of the Board of Selectmen.  He noted that it is hard to find a balance between moving the Town forward and being productive.  He suggested that there be some sort of censure by the Board of Selectmen.

Vote:  T. Goodwin and T. Creamer in favor; M. Blanchard, S. Garieri and H. White opposed.

The motion failed.

MOTION:       That the Board of Selectmen recognizes that regardless of any alleged provocation by any other member of the Town Administrator Search Committee, Selectman Garieri’s response as a representative of this body, charged with causing the laws of the government of the Town of Sturbridge to be enforced, was highly inappropriate and exceedingly offensive; that S. Garieri volunteer to receive remedial review of the entire Personnel Policy Manual and Employee Handbook of the Town of Sturbridge, provided by the Town Administrator, and that a letter of completion be submitted to the Board when done, by T. Creamer.

2nd:     T. Goodwin

M. Racicot asked whether the other person who had acted inappropriately would be required to take the same remedial review, and noted that she is a special municipal employee.  T. Creamer said that he was focusing on the exchange that led to the establishment of a hostile working environment, and that as an elected official Mr. Garieri has a high responsibility to conduct himself in a manner reflective of his position, thus stood with his motion.

Ginger Peabody said that she found the exchange of name calling between S. Garieri and C. Childress to be despicable, and more like school yard behavior than adults serving on a committee.  Mrs. Rokiki suggested that S. Garieri resign from the Board.

Vote:  Four in favor; S. Garieri abstained.

MOTION:       That the Board of Selectmen, by virtue of its responsibility under the Town Charter, Personnel Policy Manual and Employee Handbook, reaffirm its commitment to a zero tolerance policy on sexual/work place harassment, regardless of its origination, by T. Creamer.

2nd:     T. Goodwin

Presentation to Hal White

T. Creamer, on behalf of the Board of Selectmen, presented Hal White with a clock to express appreciation for his service to the Town of Sturbridge, having served nine years on the Board of Selectmen and 13 years on the Board of Health.  He noted that H. White had also served our country.

Approval of Minutes

MOTION:       To approve the minutes of February 16, 2010 as amended, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

MOTION:       To approve the minutes of March 10, 2010, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

MOTION:       To approve the minutes of March 15, 2010 as amended, by T. Creamer.

2nd:     H. White

Vote:  All in favor.

MPG Sturbridge LLC d/b/a Piccadilly Pub – Live Entertainment License

Thomas Little, Manager of Piccadilly Pub, appeared before the Board.  He explained that they would like to obtain a Live Entertainment license to improve their business and create some excitement at the Pub.  He said that the entertainment would consist of a singer with an instrument, trivia nights and karaoke.

MOTION:       To grant a Live Entertainment license to MPG Sturbridge LLC for the hours of:  Sunday 11:00 a.m. to 10:00 p.m.; Monday – Wednesday 11:00 a.m. to 10:30 p.m. and Thursday – Saturday 11:00 a.m. to 1:00 a.m., by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

420 Main Street – Change of Manager on Liquor License

Jesse Gibbs, new Manager of 420 Main Street, appeared before the Board.

MOTION:       To approve the Change of Manager for 420 Main Street Group, Inc. to Jesse Gibbs, conditional upon Jesse Gibbs becoming TIPS certified with 45 days, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Town Administrator’s Update

Financial:

M. Racicot worked with the Assessors on the Vision agreement for the valuation update program for Commercial/Industrial property.  He noted that this certification is required every three years.

M. Racicot informed the Board that the designer for the Burgess project has asked that they receive consideration for exemption of the application fees for Site Plan Review and Special Permits which are required for the Town project.

MOTION:       To exempt any Town fees for the Burgess School Building project, including site plan review, special permits and building fees, except for half of the fees for electrical and plumbing, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

M. Racicot answered questions for the Finance Committee related to the budget and the warrants.

M. Racicot reviewed proposals from Tighe & Bond for changes to their fees related to the Wastewater Treatment Facility.  They have identified changes in the project scope.

M. Racicot said that the Finance Director had let him know that the sewer rate due to the Wastewater Treatment Plant project would have been approximately $.70 higher without the WPAT/ARRA grant and loan.

Personnel:

MOTION:       To confirm the appointment by the Town Administrator of Clyde R. Gagnon to a three-year term as Electrical Inspector for the Town of Sturbridge, MA T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot said that David Lindberg, the new Building Inspector, started work on March 30th, and is working on the backlog of inspections and applications within the department.

M. Racicot received an application from a Sturbridge resident interested in serving on the Energy Advisory Committee

MOTION:       To confirm the Town Administrator’s appointment of Joseph Papandrea of New Boston Road to a three-year term on the Energy Advisory Committee, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot received an application from a Sturbridge resident interested in serving on the Historical Commission.

MOTION:       To confirm the Town Administrator’s appointment of Richard L. Volpe of Allen Road to a three-year term on the Historical Commission, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

Chief Ford had advertised for the vacant full-time dispatcher position after his review of the candidates, and made a recommendation to M. Racicot.

MOTION:       To confirm the Town Administrator’s appointment of Christine Brunelle of Brookfield to the position of full-time dispatcher in the Sturbridge Police Department at a rate of $18.19 per hour, with an effective starting date of April 13, 2010,a by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot attended the first session of the Burgess Support Staff negotiations and worked with the negotiating team to review and evaluate proposals.

M. Racicot received applications from residents interested in volunteering for the Senior Municipal Service Program.  The Conservation Commission has indicated that they would be interested in this couple’s services.

MOTION:       To approve the application of Richard and Andrea Treadway to participate in the Senior Municipal Service Program, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

M. Racicot had met with Barbara Barry, Finance Director, to review information related to an adjustment in her salary.  He studies the comparison data including salaries, job descriptions, complexity and magnitude of comparative financial departments when applied to Sturbridge.  He submitted a detailed memo to the Board of his findings.

Chief Ford had received a letter of resignation from Sgt. Cloutier, to be effective April 9, 2010.

MOTION:       To accept the resignation of Sgt. Cloutier, effective April 9, 2010, by T. Goodwin.

2nd:     H. White

Vote:  All in favor.

Legal:

M. Racicot incorporated comments from Special Counsel relative to the Town Administrator contract and sent two copies to Mr. Suhoski via certified mail.  He had signed the contract and it was ready for the Board to sign off.  M. Racicot said that he plans to work with Mr. Suhoski on Monday, the 12th and Tuesday the 13th, to provide a brief yet comprehensive transition.  With the election on Monday, he will focus on the office set-up and records, Town Hall operations and have him meet with the engineering consultants to discuss some of the projects.  On Tuesday they will tour some of the outside departments, meet the architect, project manager and contractor for the Town Hall project and that evening attend the Selectmen’s workshop with the Building Committee, learning how to operate the video equipment.  At the end of that meeting he will have packed his possessions into his truck and will leave, secure knowing that the Town is left in good hands.

M. Racicot reviewed the Ethics Commission changes and new deadlines.  With all municipal employees required to complete online training requirements of the new conflict of interest law education requirements, he spent some time working with Town Clerk to move the process along.

After making the changes as the Board decided upon, M. Racicot revised the Town Meeting warrants and sent final draft copies of the warrant to the Town Moderator, Finance Director, Finance Committee and Town Counsel for review and comments.  With all comments back, he incorporated most of them into the warrant that was posted.  Unfortunately, Town Counsel did not respond in time for the Finance Committee’s booklet, so some adjustments will be required on the Town meeting floor.

M. Racicot answered questions from Senator Brewer’s staff concerning the home rule legislation for sewer assessment on Cricket Drive.

M. Racicot informed the Board that the Town Clerk certified the signatures for the zoning petition article for the Annual Town Meeting warrant.  He noted that a copy went to Planning Board for their review and action.

M. Racicot worked with Counsel on numerous issues: deed reviews; union grievances and contract issues; quantum of vote for regulatory decisions.

General Government:

M. Racicot fielded various queries from the public on multiple subjects: website postings; election process; insurance questions; billing hours; senior discount in new cable contract; historic cabinet and artifacts in the renovated Center Office building; sewer privilege fees.

M. Racicot worked with the staff of the project management firm for the Burgess School project to access the necessary State sites for advertising bids.  It was completed.

M. Racicot met with the Town Hall Building committee.  They reviewed change orders, the project schedule and provided the committee with the status of various aspects of the project.  He attended the Town Hall Building construction meetings, and continued to work out the various details, including fiber optic.  He worked with various department heads on their furnishing needs and signage within the new offices.  He noted that the Committee will meet with the Board to discuss the progress of the project at the April 13th workshop meeting.

Since Harold White has chosen not to run for another term on the Board of Selectmen, but has been a stalwart presence on the Town Hall Building committee, with a stellar attendance record and many solid contributions, M. Racicot said that he would like to appoint him to the committee until the project is completed, under the authority in Section 6-2 of the Sturbridge Town Charter.

MOTION:       To confirm the appointment by the Town Administrator of Hal White to the Town Hall/Center School Construction Committee for the balance of the project, by T. Goodwin.

2nd:     T. Creamer

Vote:  Four in favor; H. White abstained.

M. Racicot notified MetroPCS about issues surrounding their proposed cell tower lease on public land.  They are in the process of working out the concerns in order to move forward with the Planning Board and ZBA.

M. Racicot worked with Charter Communications to finalize the Cable TV contract.  He is cleaning up the language and formatting the document for final review and eventual signature.

M. Racicot worked with members of the Cable TV committee on training and the use of the video equipment and for airing some public service programming.

M. Racicot met with a sales consultant to explore communication options for the renovated Town Hall including the WAN for the renovated buildings.

Greg Morse and M. Racicot attended the pre-construction meeting held by MA Highway for the Route 131 project.  It has been awarded and should begin in the middle of April, with the environmental controls, signage and clearing work beginning first.

M. Racicot organized and attended the “Pre-Town Meeting meeting” at the Senior Center, joining the Moderator, Finance Committee Chair and Town Clerk to go over the articles for those in attendance.  He worked with new volunteers for the video recording; unfortunately, technical problems arose relative to the sound and it wasn’t suitable to air the session.

M. Racicot will complete a final report for his last week (upcoming) and wrap up what he can.  He prepared a folder for Mr. Suhoski to identify current project status, contact info, etc.

Correspondence

M. Blanchard noted that the Chapter 90 funds for Sturbridge will be $331,300.  She asked how that compares to the funds from last year.  M. Racicot said that he would look into it.  T. Creamer noted that the information would be posted on the state website.

Old Business

MOTION:       To dissolve the Town Administrator Search Committee, by T. Creamer.

2nd:     T. Goodwin

Vote:  All in favor.

T. Creamer thanked the Search Committee for their service to the Town.

T. Creamer noted that some time has gone by regarding the issue with the Publick House’s water bill, and they deserve an answer from the Board.  M. Racicot said that the Water Department was going to test the lines, but he has not heard from DPW or Veolia that the test was conducted.

T. Goodwin said that the Energy Committee will send the Board a list of what they think they should be addressing in the next year.  They are looking for feedback from the Board.

M. Blanchard said that there had been a memo from Leslie Wong regarding the status of the Plumbing Inspector.  The Board had voted to move the Plumbing Inspector to the Building Department from the Board of Health; the six month trial period is up, and there have been no problems.  M. Racicot said that he would take a look at it.

New Business

The Board thanked Hal White for his years of service to the Town.

H. White suggested that David Lindberg, the new Building Inspector, address the issues across the street from the Blackington Building.  He noted that a trailer is parked there and a flea market has been set up.

M. Blanchard reminded everyone about the Town Election on Monday, April 12th from 7:00 a.m. to 8:00 p.m. at Burgess.

MOTION:       To convene in executive session under MGL Chapter 39, §23B, Paragraph #3:  To discuss strategy with respect to collective bargaining; 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 8:00 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                 Date