Board of Selectmen’s Meeting

August 7, 2006

 

A meeting of the Board of Selectmen was called to order by Chairman Charles Ampagoomian at 7:00 PM, Northbridge Town Hall, 7 Main Street, Whitinsville, MA.  Present:  Messrs. Audette, Davis, Montecalvo, and Marzec.

 

The Pledge of Allegiance was recited by those present.

 

Presentation by Trustees of Soldiers' Memorials to Jonathan Van Etten, Veteran, U.S. Air Force.

The American Legion, Trustees of Soldiers' Memorials, and the Board of Selectmen formally welcomed home Mr. Jonathan Van Etten, 196 Pollard Road, Northbridge, who recently returned from service in Iraq.  Chairman Ampagoomian and Andy Williamson [American Legion] both presented Mr. Van Etten with a certificate of commendation thanking him for his service to our country during his tour of duty in Iraq.

 

Announcement/Statement by the Town Manager and Superintendent of Schools.  Town Manager, Michael J. Coughlin, Jr., and Superintendent of Schools, Paul Soojian, announced that the full day kindergarten program would be restored.  Mr. Coughlin presented his plan to close the Town's current deficit [approx. 1.4 million] while preserving our children’s future.  He discussed the revised revenues (closing out of old accounts, revised free cash, charging the enterprise funds, additional ambulance revenue), budget reductions (school department, municipal, article 9), and Blackstone Valley Tech monies (proper budget assumptions, revise BVRVTHS budget & revenue).  The Town Manager then recommended what the next steps should be – responsible decision-making; 1) brief the Chairman of the Finance Committee, 2) meet with the Financial Group, 3) pass the plan at the Fall Annual Town meeting, and 4) passing the override for Fiscal Year '08.  Superintendent Soojian thanked everyone including the Town Manager, his staff, and the Selectmen for their time and effort that has gone into restoring the full day kindergarten program.  He mentioned that it was imperative that this plan be passed at the Fall Annual Town meeting and suggested that they get an adequate funding package for FY 2008.  Mr. Paine, School Committee Chairman, concurred with the Superintendent and reiterated that it was vital to the community that this plan be approved at the Fall Annual Town Meeting.  Selectman Audette asked the Town Manager and Superintendent about the $400,000 that was supposed to be given back to the Town [from the School Dept.]  The Town Manager responded that none of the choices were easy but each of the Department Heads went back to review their budgets to see where cuts could be made.  The Town Manager and Superintendent are also proposing to charge the Water and Sewer Enterprise accounts in addition to using the Blackstone Valley Tech monies.  Selectman Audette asked if the full-day kindergarten program was restored, how would it be funded.  Mr. Soojian responded that if this revised budget is balanced at the Fall Town Meeting [if the override and plan passed], this is how it will be funded, however, if the override does not pass then he would have to lay off teachers and/or make other reductions.  He also mentioned that the focus of the working group was to make sure that the numbers are correct and to begin focusing on Fiscal Year '08. 

 

Approval of Minutes.

 

July 24, 2006

Selectman Davis requested that the July 24, 2006 minutes be amended as follows:  Under Department Heads’ Quarterly Reports, insert the following sentence, “Selectman Davis requested a report be submitted by the DPW Director on the Operation Review by the Government Consulting Group dated February 2006”.  A motion/Mr. Davis, seconded/Mr. Audette to approve the July 24, 2006 minutes as amended. Vote yes/Unanimous.

 

       July 24, 2006 [Executive Session]

       A motion/Mr. Davis, seconded/Mr. Marzec to approve but not release the July 24, 2006 Executive

       Session Minutes as presented with the readings omitted.  Vote yes/Unanimous.

 

Public Hearings. Liquor License Violations Hearings.  Present:  Chief Walter Warchol and Lieutenant Timothy Labrie.  A motion/Mr. Marzec, seconded/Mr. Audette to open the Public Hearing.  Vote yes/Unanimous.  Chairman Ampagoomian read the public hearing procedures for liquor license violations aloud.  He then mentioned that the following six (6) establishments: China Pacific Restaurant, The Grill, Jubes Family Restaurant, Sparetime Recreation, Trading Post Market, and Village Variety sold alcohol to persons under the age of 21.  Next, Chief Warchol provided an overview of how the investigation was conducted and what his recommendations were with respect to the appropriate punishment each establishment would receive.  He stated that an investigation into the Sale of Alcohol to Persons under the age of 21 took place on the evening of Friday, June 30, 2006, and that Lt. Timothy Labrie, Detective Donald Roy, and Officer Stephen Buma were assigned to the investigation.  Continuing, he noted that the officers were assisted by two persons under the age of 21 and that both subjects attempted purchases of alcohol at sixteen (16) licensed establishments in Town.  After that, Lt. Timothy Labrie read the facts of each case that involved the sale of alcoholic beverages to a person/persons under the age of twenty-one for all six (6) establishments.  Note:  A detailed report on what occurred at each establishment is on file in the Town Manager’s Office.  Public Hearing #1:  China Pacific Restaurant.  Present:  Attorney Gerald Shugrue and Fuan Wing Lee, Manager.  Attorney Shugrue was present on behalf of his client, Mr. Fuan Wing Lee, Manager of the China Pacific Restaurant.  Lt. Labrie read aloud the circumstances of what occurred at this establishment on the evening of the violation and as a consequence, Chief Warchol recommended suspending the China Pacific Restaurant’s liquor license for (2) consecutive Mondays.   A motion/Mr. Davis, seconded/Mr. Audette to close the Public Hearing.   Vote yes/Unanimous.  There being no further discussion, a motion/Mr. Davis, seconded/Mr. Audette, to accept the recommendation of the Chief of Police to suspend the China Pacific Restaurant’s liquor license for 2 consecutive Mondays.  Roll Call Vote:  Mr. Montecalvo/no, Mr. Audette/yes, Mr. Davis/yes, Mr. Marzec/yes, and Mr. Ampagoomian/yes.  Public Hearing #2:  The Grill.  Present:  Mr. Francis Carelli, Manager.  A motion/Mr. Davis, seconded/Mr. Audette to open the Public Hearing.  Vote yes/ Unanimous.  Lt. Labrie read aloud the circumstances of what occurred at this establishment on the evening of the violation and as a consequence, Chief Warchol recommended that a written reprimand be issued to The Grill since this was their first offense.  Mr. Carelli then informed the Board of Selectmen that the bartender who served the minors has since quit and that he was very sorry about what happened.  A motion/Mr. Davis, seconded/Mr. Montecalvo to close the Public Hearing.  Vote yes/Unanimous.  There being no further discussion, a motion/Mr. Davis, seconded/Mr. Montecalvo, to accept the recommendation of the Chief of Police to issue The Grill a written reprimand due to this being their first offense.  Roll Call Vote:  Mr. Montecalvo/yes, Mr. Audette/yes, Mr. Davis /yes, Mr. Marzec/yes, and Mr. Ampagoomian/yes.  Public Hearing #3:  Jubes Family Restaurant.  Present:  Mr. Richard Joubert, Manager.  A motion/Mr. Davis, seconded/Mr. Marzec to open the Public Hearing.  Vote yes/Unanimous.  Lt. Labrie read aloud the circumstances of what occurred at this establishment on the evening of the violation and as a consequence, Chief Warchol recommended that a written reprimand be given to Jubes Family Restaurant since this was their first offense.  Mr. Joubert spoke briefly about his family owned business and how deeply sorry he and his wife were about this incident.  He mentioned that the majority of his waitresses were tips certified and the ones that were not will be by the end of the month.  A motion/Mr. Davis, seconded/Mr. Marzec to close the Public Hearing.  Vote yes/Unanimous.  There being no further discussion, a motion/Mr. Davis, seconded/Mr. Marzec, to accept the recommendation of the Chief of Police to give Jubes Family Restaurant a written reprimand due to this being their first offense.  Roll Call Vote:  Mr. Montecalvo/yes, Mr. Audette/yes, Mr. Davis/yes, Mr. Marzec/yes, and Mr. Ampagoomian/yes.  Public Hearing #4:  Sparetime Recreation.  Present:  Mr. Kenneth Couture, Manager.  A motion/Mr. Davis, seconded/Mr. Audette to open the Public Hearing.  Vote yes/ Unanimous.  Lt. Labrie read aloud the circumstances of what occurred at this establishment on the evening of the violation and as a consequence, Chief Warchol recommended that a written reprimand be given to Sparetime Recreation since this was their first offense.  A motion/Mr. Davis, seconded/Mr. Marzec to close the Public Hearing.  Vote yes/Unanimous.  There being no further discussion, a motion/Mr. Davis, seconded/Mr. Audette, to accept the recommendation of the Chief of Police to give Sparetime Recreation a written reprimand due to this being their first offense.  Roll Call Vote:  Mr. Montecalvo/yes, Mr. Audette/yes, Mr. Davis/yes, Mr. Marzec/yes, and Mr. Ampagoomian/yes.  Public Hearing #5:  Trading Post Market.  Present:  Mr. John America, Manager.  A motion/Mr. Davis, seconded/Mr. Marzec to open the Public Hearing.  Vote yes/Unanimous.  Lt. Labrie read aloud the circumstances of what occurred at this establishment on the evening of the violation and as a consequence, Chief Warchol recommended suspending the Trading Post Market's liquor license for ten (10) days due to the audacity of the clerk knowingly selling to a minor.  Mr. America said he was very sorry for what happened and that he intends to get rid of the clerk who sold the minors alcohol.  As a result of the severe penalty recommended by Chief Warchol, the Board discussed developing a consistent policy for imposing penalties for alcohol violations.  A motion/Mr. Davis, seconded/Mr. Audette to close the Public Hearing.  Vote yes/Unanimous.  As a result of the earlier penalty discussion, a motion/Mr. Montecalvo, seconded/Mr. Audette, to suspend the Trading Post Market's liquor license for two (2) consecutive Mondays.  Roll Call Vote:  Mr. Montecalvo/yes, Mr. Audette/yes, Mr. Davis/yes, Mr. Marzec/yes, and Mr. Ampagoomian/yes.  Public Hearing #6:  Village Variety.  A motion/Mr. Davis, seconded/Mr. Marzec to open the Public Hearing.  Vote yes/Unanimous.  There was no one present for the Village Variety Hearing.  Chief Warchol mentioned that Village Variety was recently shut down and as a result, their alcohol license was ordered surrendered in June.  Mr. Paul McKeon, Chairman of the Board of Health, informed the Selectmen that his Board had to shut down Village Variety due to their electric service being shut off and thus creating a terrible smell.  Mr. McKeon further mentioned that the place has pretty much been abandoned.  A motion/Mr. Davis, seconded/Mr. Marzec to close the Public Hearing.  Vote yes/Unanimous.  Chief Warchol stated that his Department does not have the actual license because it was not posted on the premises.  There being no further discussion, a motion/Mr. Davis, seconded/Mr. Audette to suspend Village Variety's license indefinitely.  Roll Call Vote:  Mr. Montecalvo/ yes, Mr. Audette/yes, Mr. Davis/yes, Mr. Marzec/yes, and Mr. Ampagoomian/yes. 

 

Appointments/By the Board of Selectmen.  Election Officers.  A motion/Mr. Davis, seconded/Mr. Audette to appoint the Democratic, Republican and Unenrolled Election Officers as listed in the Selectmen’s agenda packets.  Vote yes/Unanimous.  By the Town Manager.  Denis Latour/Fence Viewer.  As Mr. Latour felt it was important that the Selectmen and Town Manager be made aware prior to his appointment, he informed them that he was under investigation by the Ethics Commission because he was Chairman of the Planning Board while the Streetscape Project was going on and was a recipient of grant monies.  A motion/Mr. Davis, seconded/Mr. Marzec to affirm the appointment of Mr. Latour as Fence Viewer as recommended by the Town Manager.  Vote yes/Unanimous.

 

Citizens’ Comments/Input.  Sharron Ampagoomian, 41 Henry Street, Whitinsville, spoke briefly about pedestrians trying to cross Church Street in the vicinity of the Cable Studio but that people drive so fast in that area that no one stops to let the pedestrians cross.  Selectman Audette mentioned that those individuals should be using the crosswalks.  Selectman Montecalvo requested Mrs. Ampagoomian to put something in writing and that he would present it at the next Safety Committee Meeting.  Selectman Davis then asked Ms. Ampagoomian if the main entrance door to Town Hall was corrected to her satisfaction.  Ms. Ampagoomian responded that it was not.  Bill Audette, 78 East Street, Whitinsville, mentioned that the VFW Hall on Hill Street was in need of some repairs.  He indicated that there were individuals who were willing to donate their time and materials to make such repairs.  Mr. Audette explained that there would be no cost to the Town until such time when Kenneth Trajanowski [Veterans Services] is housed in the building, which could be as early as this Fall.  He further mentioned that the Blackstone Valley Vietnam Veterans would accept these gifts/donations on behalf of the Town and then attend a future meeting [after completion] and schedule an open house.  It was also noted that a formal vote would be needed in the future to accept the donations.  Chairman Ampagoomian asked if a vote to accept the gifts/donations needed to be made prior to any work being done to a Town building.  Selectman Montecalvo responded yes.  Mr. Audette mentioned that the Blackstone Valley Vietnam Veterans lease the VFW Hall from the Town [a Town building] and that the individuals/businessmen who were planning to donate these gifts would only donate them to the Veterans, not the Town.  The Town Manager stated that he would have to relay Mr. Audette’s information to Town Counsel and get their opinion on this matter.  In closing, Mr. Audette remarked that the Veterans were responsible for the interior of the VFW Hall and the Town was responsible for the exterior of the building.

 

Northbridge Firefighters/Request to hold a “boot drive” at Memorial Square on Saturday, August 19, 2006, from 8:00 A.M. – 12 Noon to benefit the Muscular Dystrophy Association.  Rain date: August 26, 2006.  Selectman Davis mentioned that back on May 8, 2006, the Board of Selectmen were supposed to discuss a policy for handling future "boot drives".  A motion/Mr. Davis, seconded/Mr. Audette to approve the above request subject to the safety requirements of the Police, Fire and Public Works Departments.  Vote yes/Unanimous.

 

Northbridge Redevelopment Corporation [NRC].  Present:  Kenneth Foley, President, Paul Mahoney, Eugene Bernat, and Alan Benevides – Environmental Consultant from Woodward & Curran.  The Town Manager mentioned that per the Board’s request, the Northbridge Redevelopment Corporation was here to discuss the old Quaker Street landfill [across from Oosterman Gas].  Mr. Ken Foley, provided some background information about the Corporation.  He explained that they found the property owner and negotiated a purchase and sales agreement.  Mr. Foley further indicated that NRC planned to either develop the property or sell it.  He pointed out that NRC entered into a consent order (after 9 months) with the Massachusetts DEP memorializing the remedial plan.  He also indicated that there were back taxes owed on this property in the amount of $52,000.00 and would like to negotiate a payment plan with the Town in order to pay them.  Continuing, he noted that his Company had already invested in excess of $200,000.00 in this property.  Selectman Montecalvo interjected and asked if Northbridge Redevelopment Corporation was concerned [because they had not yet paid the back taxes] that someone might come along, pay the taxes, and then that individual would own the land.  Mr. Foley said he was not aware that could happen and thanked Mr. Montecalvo for his concern.  Mr. Foley stated that NRC had all the necessary permits from the DEP to cap the landfill and that he [and his partners] have a good reason to abide by the DEP regulations—that his house and his partners' houses were being used as collateral for a performance bond in the amount of $835,000.00.  Selectman Davis asked: 1) how long they anticipated this project to take. Mr. Foley responded that the project has to be completed by the end of 2008 per a mandate by the Department of Environmental Protection.  2) what was the number of trucks anticipated coming/going to/from the site.  Mr. Foley estimated around 17 trucks per day on average (give or take).  3) if Northbridge Redevelopment Corporation had a topography map of what the site will look like once it was completed.  Mr. Foley answered that the drawing Selectman Davis had was not an accurate one.  Mr. Benevides, Environmental Consultant for Woodward & Curran, responded that the Conservation Commission and the Massachusetts Department of Environmental Protection have the master plan, which shows the finished elevation to be around 40 feet at the highest elevation on the site.  Selectman Davis mentioned that he did not want this site to be the highest point in Northbridge and Mr. Foley assured the Board of Selectmen that it would not be the highest but that it would be a hill.  Mr. Foley will provide the Selectmen with a copy of the plan and topography.  4) what fill would be put on the land, such as ash.  Mr. Foley responded that the fill that would be used in capping the landfill was called urban fill (materials not suitable for a soccer field, but less contaminated than what was there now).  The Northbridge Redevelopment Corporation said that they would like to work with the Town and the community on this site.  Selectman Audette asked 1) if NRC was associated with Pond View in Providence, RI.  Paul Mahoney and Kenneth Foley responded that they had never heard of Pond View. 

2) has the Northbridge Redevelopment Corporation read the Town Bylaw 9-401.  Selectman Audette then proceeded to read the Town Bylaw to them. 

 

South Grafton Water District [Guerriere & Halnon]/Request for access to the Northbridge Water System.  Present:  Normand J. Gamache, Jr.   Mr. Gamache represents Brookmeadow Village and advised that this project would connect the South Grafton Water District to the two adjoining water districts.  He remarked that the interconnection of water districts was viewed as a benefit because those involved would have access to alternative water supplies.  He said that Brookmeadow Village proposed to connect the South Grafton Water District main on the west side of Providence Road to the Grafton Water District main on the east side of Providence Road.  He also explained that this connection would take place within the limits of the Town of Grafton, but it would provide the South Grafton Water District with an access to the Northbridge Water System.  Mr. Gamache further noted that these alternative sources of water would only be utilized on an emergency basis.  Chairman Ampagoomian suggested this item be placed under Decisions on the next meeting agenda.

 

Selectmen’s Concerns.   Selectman Audette suggested setting consistent standards for liquor license violators.  Chief Warchol felt that the Board of Selectmen should review each case individually since every case was unique and different.  He also suggested that once the evidence was provided [past and present] by the Northbridge Police Department, the Board of Selectmen could then decide on a penalty for the offender.  Selectman Marzec/1) said he will email BOS with information [from Jen Dulmaine] about the Streetscape Project; 2) brought forth a citizen's complaint regarding Plummer’s Corner;

3) commended the Town Manager for handling the heat wave we just experienced in a quick manner;

4) Northbridge/Uxbridge POP Warner Football Team – need a field to play on along with more football players.  Selectman Davis/1) Asked about the Weinberg discussion.  The Town Manager mentioned that Atty. Weinberg had not contacted him yet.  2) Asked if the Building, Planning and Construction Committee had been notified of the Board's vote with respect to the site analysis.  The Town Manager responded that the memo had been sent.  3) have the applications for the roofs been sent out yet.  The Town Manager responded no.  4) Kopelman & Paige – Riley Report, Selectman Davis would like to receive a report from the Treasurer’s Office addressing the delinquent taxes.

 

Executive Session.  A motion/Mr. Audette, seconded/Mr. Marzec to go into Executive Session under M.G.L. Chapter 39, S. 23B #3 (Litigation); not to reconvene in open session.  Roll Call Vote:  Mr. Audette/Yes, Mr. Marzec/Yes, Mr. Montecalvo/Yes, Mr. Davis/Yes, and Mr. Ampagoomian/Yes.

 

Open Session Adjourned:  10:40 P.M.

 

 

 

                                                            Respectfully submitted,

 

 

                                                            James Marzec, Clerk

 

 

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