Board of Selectmen’s Meeting

February 26, 2007

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. Davis, Audette, and Marzec. Also Present: Joseph J. Montecalvo, Interim Town Manager, and Theodore Kozak, Town Manager.

The Pledge of Allegiance was recited by those present.

Chairman Ampagoomian introduced Mr. Theodore Kozak as the new Town Manager for the Town of Northbridge. He then announced that the Northbridge Board of Selectmen and Interim Town Manager Joseph Montecalvo invite the residents of the Town of Northbridge to meet Mr. Kozak on Sunday, March 11, 2007 from 1PM to 3PM at the Whitinsville Social Library. Mr. Kozak thanked everyone and mentioned he has enjoyed meeting different people in Town and looks forward to the challenge and working with them.

Public Hearing/7:05 PM – Application for a Class II License (Used Car Dealer’s License) Bayou Auto Sales [Bashir A. Bayou], 968 Marston Road, Whitinsville, MA. Chairman Ampagoomian read the public hearing notice aloud. A motion/Mr. Davis, seconded/Mr. Marzec to open the public hearing. Vote yes/Unanimous. There was no one present from Bayou Auto Sales; therefore, a motion/ Mr. Davis, seconded/Mr. Audette to close the public hearing. Vote yes/Unanimous. Note: There was no action taken on the license.

Appointments/By the Board of Selectmen. Jerry Bagdasarian, Historical Commission. Mr. Bagdasarian advised the Board of Selectmen on why he would like to serve on the Historical Commission. Selectman Davis mentioned that he struggled with his appointment because he is concerned about his decision-making abilities. Mr. Bagdasarian advised Selectman Davis that he would base his decisions on listening to both sides of a story. A motion/Mr. Davis, seconded/Mr. Audette to appoint Jerry Bagdasarian to the Historical Commission. Vote yes/Unanimous.

Citizens Comments/Input: None.

Samuel Drive 1) Vote to accept roadway. 2) Vote to execute the Acceptance of Deed. Selectman Marzec stated he will abstain from voting because he lives on Samuel Drive. Chairman Ampagoomian mentioned that the mylars were on file in the Town Clerk’s office. A motion/Mr. Audette, seconded/Mr. Davis to accept Samuel Drive as a roadway. Selectman Audette pointed out that the letter from Kopelman and Paige questioned the location of the mylars. As such, he said that if the mylars have not been turned into the Town Clerk’s office yet they couldn’t move forward with approving Samuel Drive. The motion was then rescinded by Selectmen Audette and Davis. The members of the Board requested that the mylars be located and signed before accepting and executing the deed for Samuel Drive.

Dimple A. Desai, Inc. d/b/a Subway #35002/Application for Common Victualler’s License [Wal-Mart Super Center, 100 Valley Parkway, Whitinsville, MA] /Vote to approve. A motion/Mr. Davis, seconded/Mr. Marzec to approve Dimple A. Desai, Inc. d/b/a Subway #35002 for a common victualler’s license located at the new Wal-Mart Super Center, 100 Valley Parkway, Whitinsville, MA. Vote yes/Unanimous.

Massachusetts Motorcycle Association [Request by Henry Trajanowski] 1) Vote to declare, proclaim, and/or resolve to participate in the State’s Motorcycle Safety and Awareness Period 3/25/07 – 4/28/07. A motion/Mr. Davis, seconded/Mr. Marzec to declare, proclaim, and/or resolve to participate in the State’s Motorcycle Safety and Awareness Period 3/25/07 – 4/28/07. Vote yes/Unanimous. 2) Vote to authorize the placement of a 2’ x 8’ sign at a specific location [to be determined by BOS]. A motion/Mr. Davis, seconded/Mr. Audette to authorize the placement of a 2’ x 8’ sign at a specific location [to be determined by the Chief of Police Walter Warchol and Mr. Henry Trajanowski]. Vote yes/Unanimous.

Rules & Regulations / Use of Public Sidewalks & Ways/Vote to approve. Present: Richard Sasseville – DPW Director. Selectman Davis asked if the business owners are aware of these new rules and regulations and Mr. Sasseville responded “no”. Mr. Sasseville mentioned the permits would be for one year and cost $25.00. Selectman Davis suggested changing the effective date to 35 calendar days following the adoption [February 26, 2007] of the bylaw. The bylaw would go into effect on April 2, 2007 and would give the business owners enough time to review the Rules and Regulations. A motion/Mr. Davis, seconded/Mr. Marzec to approve the Rules and Regulations – Use of Public Sidewalks and Ways with the above amendment. Vote yes/Unanimous.

Town Manager Contract/Vote to approve. A motion/Mr. Davis, seconded/Mr. Marzec to discuss in Executive Session. Vote yes/Unanimous.

Water Rates 1) Vote to increase Fiscal ‘07 rates effective 2/9/07. Present: Richard Sasseville, DPW Director. A motion/Mr. Marzec, seconded/Mr. Audette to increase Fiscal ‘07 rates effective February 9, 2007. Vote yes/Unanimous. 2) Vote to increase Fiscal ‘08 rates effective February 1, 2008. A motion/Mr. Audette, seconded/Mr. Davis to increase Fiscal ‘08 rates effective February 1, 2008. Vote yes/Unanimous.

United Presbyterian Church/Vote to authorize the posting of seven 18” x 24” signs in various locations. A motion/Mr. Audette, seconded/Mr. Davis to authorize the posting of seven 18” x 24” signs in various locations upon mutual satisfaction with the Interim Town Manager Joseph Montecalvo and Ms. Joyce Feen. Vote yes/Unanimous.

School Committee and Finance Committee Budget Process. Present: Mary Frances Powers, Chairman, Finance Committee, and Andy Todd, Member, Finance Committee. Paul Soojian, Superintendent of Schools and Carroll Paine, Chairman, School Committee. Mr. Soojian discussed the 2008 budget deficit and how the Board of Selectmen, Finance Committee and School Committee will approach the budget deficit. He mentioned that all Committees need to; 1) decide on the approach to balance the budget; 2) determine the number; 3) inform the residents in Town [sell the override in a timely and successful way]; and 4) have a game plan before the Town Meeting. Everyone involved will be impacted if the override doesn’t pass. Ms. Powers has a concern with the timing of the anticipated revenues. Interim Town Manager Joseph Montecalvo mentioned that he has asked every department to level fund their budgets and the departments have done so. With that said, even by level funding the department budgets the Town is still facing a deficit. The residents in Town will need to know that without the override some services in Town will be eliminated. Each Selectman expressed their concerns about having an override placed on the ballot. Mr. Montecalvo suggested that the Finance Committee, School Committee, and Board of Selectmen get together and come to a mutual agreement on what each department can live with. He went on to mention there is no free cash, stabilization funds or reserves to draw on. The Superintendent further mentioned that to level fund the school budget would cause devastation. He was concerned about the Spring Annual Town Meeting being moved to June 12, 2007. His cutoff date to lay individuals off is June 15, 2007. Mr. Montecalvo said if the override doesn’t pass the Town Manager and department heads are going to need a plan to figure out how to balance the FY 08 budget. A joint meeting with the Finance Committee, Board of Selectmen, and School Committee to discuss the budget deficit will take place on March 8, 2007, at 7:00 P.M. in the Board of Selectmen’s room. The Finance Committee, Board of Selectmen, and School Committee will have another joint meeting on March 13, 2007, at 6:00 P.M. in the High School Media Center.

Union Street/Earth Tech. Present: DPW Director Richard Sasseville and Mr. Andrew Ogilvie, Earth Tech of Concord, MA. Mr. Ogilvie gave a PowerPoint presentation detailing the findings of a hydrologic study he prepared for the Town in August 2006 which examined the water shed that contributes to the flow in the so called “unnamed brook” that passes through the Union Street neighborhood. The study specifically looked at the drainage system in the Union Place Subdivision as well as the capacities of the various culverts that carry the storm water runoff from the area. Mr. Ogilvie reported that the drainage system in the subdivision was designed properly according to storm water management requirements and that the analysis showed that pre- and post-development flows are essentially identical. He also reported that almost all of the culverts downstream of the subdivision are undersized to some degree when analyzing 100-year storm event flow rates. He identified the culvert under the Providence and Worcester Railroad as the primary restriction that leads to the creation of a backwater condition during high flows and the resultant localized flooding along the brook. He estimated that the capacity of the railroad culvert is less than half of the capacity of the upstream culverts under Union Street. This culvert must carry all of the water coming through the Union Street culvert plus water that comes from the land downstream of Union Street. The existing culverts downstream of the railroad handle the current flows, but may be over taxed if changes were made to the railroad culvert to allow the passage of more water. His detailed analysis did not extend beyond the railroad culvert. Mr. Robert Parker of Nolet Street, across whose property the unnamed brook flows, offered his observation that more water is flowing in his yard since the construction of the development, the new high school fields and since an illegal filling of wet lands on private property took place. He indicated that the Conservation Commission had been notified of the wetland filling but no action had ever been taken. Mrs. Debra Baltramaitis of 114 Union Street reported that the brook, which also crosses her property, has widened significantly over the years and she has been seeking relief from the Town for many years without action.

Members of the Board discussed various issues relative to the subdivision drainage system and the two detention basins in the subdivision. A number of questions were asked relative to possible modifications to the system. Mr. Sasseville pointed out that the brook is a system and one thing cannot be modified without analyzing the upstream and downstream impact of any changes. He pointed out the not only does the culvert under the tracks belong to the railroad, the downstream culverts under Providence Lane and Providence Road belong to the Mass Highway Department. After more discussion, the Board asked the Town Manager to make contact with representatives of the railroad and Mass Highway to set up a meeting to discuss the problem and seek their assistance in developing a solution.

Town Manager Evaluation Process. Chairman Ampagoomian mentioned he received a proposal from Mr. Patrick Magowan for a Town Manager evaluation process and asked that the new Town Manager provide a copy to the Board of Selectmen of the Town of Hopkinton’s evaluation process. Selectman Davis asked for Mr. Kozak to review the proposal and place it on a future agenda for discussion.

Emergency plans for Fire and DPW Departments. Selectman Davis would like to know were something to happen to the DPW and Fire Department buildings, where they would go? Richard Sasseville, DPW Director, mentioned the DPW would have to relocate the Wastewater Treatment Plant, however, the vehicles would have to be stored in several locations due to the shortage of space. Gary Nestor, Fire Chief, mentioned the Rockdale Fire Station would have to be relocated to the Whitinsville Station as long as it was temporary. They would have to dispatch everything, plus rely on mutual aid from Grafton, Upton and Sutton Departments for a quick response time. As for the Whitinsville Station, they would need to rent trailers or portable buildings for personnel quarters. The apparatus: (10 pieces of equipment) there aren’t many places in Town that could accommodate fire trucks (Ladder), plus they need secure places with access to store equipment, thermal imaging cameras, cardiac monitors, breathing apparatus, etc. as these are worth thousands of dollars.

Delinquent Tax Collection Procedures. Present: Deborah Kristoff, Treasurer/Collector. Selectman Davis mentioned his reasons for following up on this is because of the significant amount of money owed to the Town for back taxes. Ms. Kristoff informed the Board that her department would be sending out another round of letters trying to recoup the money from residents who haven’t paid. Selectman Davis inquired about how the City of Worcester is going to a private collection agency and asked if it’s something that the Town of Northbridge should be looking into. She also mentioned that she looked into two private collection agencies but feels they will try sending out another letter before going in that direction.

Health Insurance [Russell Vanderbaan]. Interim Town Manager Joseph Montecalvo informed the Board that Mr. Vanderbaan had to leave due to the late hour, however, will set up a meeting with the new Town Manager, Theodore Kozak, as soon as possible to discuss Health Insurance.

Town Manager’s Report. Interim Town Manager Joseph Montecalvo 1) presented the Board of Selectmen with dimensions for the Boy Scout signs. This is the type of sign the Boy Scouts would like to place at the Common for everyone to view. The Selectmen are concerned with the site, as the common is a memorial and historical area. Interim Town Manager Montecalvo suggested placing the sign on Town Hall grounds and the Board of Selectmen agreed; 2) mentioned complaints he received regarding the sidewalks not being plowed; 3) Open House for the Super Wal-Mart is at 6:00 P.M. on March 12, 2007 so the Board of Selectmen agreed to schedule the Board of Selectmen’s Meeting for 7:30 P.M. instead of 7:00 P.M. 4) Commonwealth of Massachusetts for the Status of Women are recognized each year for going above and beyond and he submitted two names: Carolyn Mitchell and Sharon Susienka; 5) accident at Memorial Square, no damage.

Selectmen's Concerns. Selectman Marzec & Selectman Davis – expressed their concerns on the communication regarding emergencies in Town. Selectman Davis 1) letters being received in the mail with no return address or name.

Items for Future Agenda. None.

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

Meeting Adjourned: 9:12 PM

Respectfully submitted,

James Marzec, Clerk

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