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Minutes of Meetings, 2006
Click here for minutes from 2005

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, DECEMBER 18, 2006

A meeting of the Southbridge Town Council was held on Monday, December 18, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:04 p.m.

Agenda Item #1. Pledge of Allegiance. Chairman Chernisky led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald. Councilors delayed: Nikolla.

Agenda Item #3. Consider and accept the minutes of the following meetings:

December 4, 2006 - regular meeting. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to approve these minutes. Vote by show of hands, motion passes.

December 11, 2006 - Council of the Whole. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to approve these minutes. Vote by show of hands, motion passes.

Agenda Item #4. Subcommittee Reports: a. General Government. Councilor King stated there were no minutes to read. Councilor King made a motion to suspend the rules to add an Agenda Item to tonight's meeting, which is to amend Agenda Item #9 from the November 6, 2006 Town Council meeting, which read as follows: Agenda Item #9. Vote to amend the vote taken on September 25, 2006, Agenda Item No. 8: A motion was made to order that the new by-law go into final effect on 11/15/06, with the exception of Section 7-506, regarding overnight camping in the Town of Southbridge, which is effective immediately. Amend as follows: That a motion be made to order that the new by-law go into final effect on December 20, 2006, with the exception of Section 7-506, regarding overnight camping in the Town of Southbridge, which is effective September 25, 2006. This motion to suspend the rules and add an item was seconded by Councilor Lazo. Vote by show of hands, unanimous in favor.

Added Agenda Item. Vote to amend the vote taken on November 6, 2006, to read as follows: Vote that the new Town by-law go into final effect on January 31, 2007, with the exception of Section 7-506, regarding overnight camping in the Town of Southbridge, which is effective September 25, 2006. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote by roll call: Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, and McDonald. Motion passes.

Department of Public Works. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.

Planning and Development. Councilor Livengood read the minutes of the 12/7/06 meeting. Councilor Ferron asked about guidance for the new board members of the Industrial Development Finance Authority and the Economic

Development Commission. Mr. Carlisle stated he had spoken with the members of the IDFA, and the Town's Community Development Director had spoken with the ECD members. Mr. Carlisle stated he wanted the two new boards and the Planning and Development Subcommittee to meet together. Mr. Carlisle stated the next big step is when they all meet as a board, and they can help set their own direction.

Town Manager. Councilor McDonald read the minutes from the 12/5/06 meeting.

Agenda Item #5. Chairman's Announcements

Chairman Chernisky thanked the Southbridge Police Department for the good work they did with the incident on Central Street the past weekend.

Chairman Chernisky stated the Town's new bylaw needed review in General Government Subcommittee, and there were a number of other issues to discuss there as well, including surplus Town goods; looking at procedures for the accountability of Citizen Members to subcommittees; discussion of the home based business portion of the zoning bylaws; and discussion of parking changes in the downtown parking lots.

Chairman Chernisky asked the citizens of Southbridge to not vandalize or harass the van people on Elm Street.

Chairman Chernisky wished everyone a Merry Christmas, and hoped for God's blessing on everyone in the new year.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated the Town Library was still accepting donations on behalf of Foodshare.

Mr. Carlisle stated the petition which had been received by the Board of Assessors for a Chapter 61 land acquisition had been withdrawn by the owner, regarding the 56 acres near Eastford Road and Dennison Drive, with which the Town would have had the right of first refusal.

Chairman Chernisky stated there was a recent fire at Catholic Charities, and all the items in the thrift store needed to be replaced, which included pajamas, bed linens, and clothing, and asked anyone who wished to donate to do so.

Agenda Item #7. Citizens' Forum

Larry Beinema of Dennison Hill Road asked about a timeframe when the question of whether a moratorium on any new home based businesses would return from the Town's attorneys, and Mr. Carlisle stated he would ask the attorneys to proceed with all due speed.

Agenda Item #8. Vote to reappoint Clayton R. Carlisle as Town Manager for the Town of Southbridge until December 31, 2008. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item.

A lengthy discussion was held regarding the desires of the Town Council and the reappointment of Mr. Carlisle.

Councilor Nikolla arrived at the meeting at 7:58 p.m.

Further discussion was held, including comments from citizens of Southbridge.

Chairman Chernisky called for a recess at 8:55 p.m. The meeting resumed at 9:06 p.m.

Further discussion was held regarding reappointing Mr. Carlisle as Town Manager. Councilor King made a motion to move the question, seconded by Councilor Lazo. Vote to move the question by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

Agenda Item #8. (As above). Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Ferron, Langevin. Motion passes.

Agenda Item #9. Vote to ratify a contract with Bailey Boyd Associates in the amount of $61,185.00 to perform Grant Administrator services for the FY 06 Housing Development Support. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Mr. Carlisle explained this money was coming from the CDBG grant. Vote by show of hands, unanimous in favor.

Agenda Item #10. Vote to ratify a contract with Douglas G. Scott to provide Housing Rehabilitation Services for the CDBG Housing Rehabilitation Program and to be paid according to the per task cost list provided as Attachment B in the contract. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #11. Vote to ratify the contract with Borges Construction Inc. in the amount of $42,000.00 for drainage structure rehabilitation. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item. Mr. Carlisle stated there were about 30 culverts in town that needed repair. Mr. Carlisle stated this appropriation would work on the biggest problem areas in the town culverts. Vote by show of hands, unanimous in favor.

Agenda Item #12. Vote to ratify a contract with Global Montello Group Corp for the purchase of diesel fuel based on the Massachusetts State Bid Agreement ENE-23 and/or ENE 23-Ultra. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #13. Vote to ratify a contract with Global Montello Group for the purchase of unleaded gasoline based on the Massachusetts State Bid Agreement ENE-20. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #14. Vote to confirm the land acquisition of the Water Tower Parcel by the Town Manager from Dan Flynn, Trustee of the Fiske Hill East Realty Trust and to accept the one-time payment of $200,000.00 to be deposited in the Town's Stabilization Fund Account. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by show of hands, motion passes.

Agenda Item #15. Vote to appropriate $80,000.00 from Landfill Retained Earnings Account to fund the Pleasant Street Paving Project and transfer said sum to the Landfill Capital Account. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Chairman Chernisky stated there was a resident on Pleasant Street who stated the lip created by the new paving on this road was causing a big noise with vehicles bottoming out. Mr. Carlisle stated this would be discussed at the Department Head meeting. Vote by show of hands, unanimous in favor.

Agenda Item #16. Vote to amend the vote taken on May 30, 2006, agenda item number 10 for $16,750.00 in the Interest on Short-term Debt Appropriation Account to raise and appropriate a total of $26,196.00 in the Interest on Short-term Debt Appropriation Account: an increase of $9,446.00 by raising and appropriating. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Vote by show of hand, unanimous in favor.

Agenda Item #17. Vote to appropriate $275,000.00 from the Water Fund Retained Earnings Account to balance the FY 07 Water Enterprise Budget. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Vote by show of hands, motion carries.

Agenda Item #18. Vote to transfer the sum of $960,000.00 from the Stabilization Account to reduce the FY 2007 Tax Levy.

2/3 roll call vote required

Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, Nikolla. Motion passes.

Agenda Item #19. Vote to appropriate the Overlay Surplus amount of $79,943.00 to reduce the FY2007 Tax Levy. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #20. Vote to raise and appropriate $106,009.00 to increase the Supplemental Reserve Fund as required by Chapter 475, Acts of 2004. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #21. Vote to apply $600,000.00 being part of the FY 2007 Certified Free Cash to reduce the FY 2007 Tax Levy. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #22. Vote to establish the tax classification of 1.00 for tax purposes. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item.

Principal Assessor Wil Cournoyer gave an overview of the Board of Assessors recommendations. Mr. Cournoyer stated the Town was awaiting final certification from the State Department of Revenue. Mr. Cournoyer stated the projected tax rate would be $11.21 per thousand, which equaled a net average increase of 4.69%. Mr. Cournoyer described the levy limit, and stated the excess levy capacity for the Town of Southbridge for this year would be $653,555. Mr. Cournoyer stated the Board of Assessors recommended to the Town Council adopt a factor of 1, and a single tax rate for all properties. Mr. Cournoyer described some of the tax relief available to citizens.

Councilor Marcucci asked if the average single family property was 4.22%, and Mr. Cournoyer stated essentially this was correct.

Agenda Item #22. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Langevin. Motion passes.

Agenda Item #23. Vote to adopt varied classifications of property for tax purposes including open space discount and residential exemption. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item. Councilors in favor: Langevin. Councilors opposed: Chernisky, Ferron, King, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion fails.

Agenda Item #24. Vote to adopt a single tax rate for all classes of property. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: King, Langevin. Motion passes.

Agenda Item #25. Councilors' Forum

Councilor Nikolla wished everyone a happy holiday season.

Councilor Marcucci wished all a Merry Christmas, and a safe holiday season.

Councilor McDonald wished all a Merry Christmas and a happy new year.

Councilor King wished everyone a Merry Christmas and a happy new year.

Councilor Lazo wished everyone a Merry Christmas.

Councilor Livengood congratulated the Police Department for their fine work the previous weekend.

Councilor Livengood asked everyone to try to take time to remember what Christmas is all about, and to think of those less fortunate.

Councilor Langevin wished everyone a Merry Christmas and happy new year.

Councilor Ferron wished a Merry Christmas to all. He congratulated the Town Manager on being reappointed, and stated he looked forward to sitting down and discussing issues with him.

Agenda Item #26. Discussion of next meeting date. Councilor Ferron recommended January 8, 2007, seconded by Councilor Langevin. Vote by show of hands, all in favor.

Councilor King made a motion to adjourn, seconded by Councilor Ferron. Vote by show of hands, all in favor. The meeting adjourned at 9:56 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING- PUBLIC HEARING, TOWN OF SOUTHBRIDGE, MONDAY, DECEMBER 18, 2006

The Public Hearing for the local tax levy was held on Monday, December 18, 2006, in the Robert MacKinnon Council Chambers. Town Council Chairman Chernisky called the meeting to order at 6:36 p.m.

Agenda Item #1. Tax Classification.

Chairman Chernisky read the public hearing notice.

Principal Assessor Wil Cournoyer described the things which were influencing the tax rate. Mr. Cournoyer stated the tax levy for this year would be $12,920,753.71 and described the excess levy capacity of $653,555.29 . Mr. Cournoyer said the Board of Assessors had voted unanimously to recommend a single tax rate.

Mr. Cournoyer described the difficulty in getting the State Department of Revenue to certify new growth for the town, and to approve the Town's property values.

John Gatti of Briarwood Ave stated every day the Town Manager should be encouraging new businesses to come into town, to help offset the residential tax burden.

The public hearing closed at 6:55 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, DECEMBER 13, 2006

A joint meeting of the Town Council of the Whole and the Southbridge Redevelopment Authority was held on Wednesday, December 13, 2006, in the Robert MacKinnon Council Chambers.

Agenda Item #1. Chairman will call the meeting to order. Chairman Chernisky called the meeting to order at 7:04 p.m.

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Langevin, Livengood, McDonald, and Nikolla. Redevelopment Authority members present: Boulanger, Checkosky, Chernisky, and Nikolla.

Agenda Item #3. Redevelopment Authority Chairman opens the public hearing for discussion and to receive public input of the proposed Urban Renewal Plan for the Southbridge Downtown Area.

Town Council Chairman Ronald Chernisky read the public hearing notice for the Southbridge Redevelopment Authority, and the public hearing was held regarding the proposed Urban Renewal Plan.

Redevelopment Authority Chairwoman Lorna Chernisky described the workings of the board in developing the proposed Urban Renewal Plan. Mrs. Chernisky introduced Jeff Fasser of BSC Terrasphere, who had contracted with the Town to help produce the plan.

Mr. Fasser stated this plan built on prior recommendations made to the town, specifically the current long range plan for the town. Mr. Fasser stated this plan wanted to incorporate the proposed Southbridge Rail Trail as part of its infrastructure. Mr. Fasser stated the plan wanted to also incorporate the Quinebaug River. Mr. Fasser cited studies that indicated the need for more parking, the desire to connect open spaces within the town, the need to encourage downtown development, and the need to fill the empty buildings in the downtown area. Mr. Fasser stated there were long term goals as well that expanded beyond the downtown area. Mr. Fasser stated an area of town that presented a lot of opportunity was the Larochelle Way area, specifically creating a better traffic access between Hamilton Street and Central and North Streets via a new road in this area. Mr. Fasser stated the Urban Renewal Plan invisioned having Hook Street open only to business within that street. Mrs. Chernisky stated the plan envisioned moving the old Clemence House from its current spot at 60 Hamilton Street to a place next to the existing Civil War Memorial, which with the proposed reconfiguration of Hamilton Street would create an historic site at the side of the road and near parking. Mr. Fasser stated the plan called for the widening of Central Street, with the taking of the parcels on the western side of the street. Mr. Fasser stated the plan called for the creation of a trail head park, where walkers could park and use the trail, and bikers could leave their bikes and walk downtown. Mr. Fasser stated the plan called for a riverfront park. Mrs. Chernisky stated there is an area of the Quinebaug River in the middle of town which is the only area of rapids on the entire river. Mr. Fasser stated certain zoning changes were needed along the river, to clean up industrial zoning in this area and turn it into general business zoning.

Mr. Fasser stated the plan proposed certain acquisitions, and had targeted key properties. Mr. Fasser stated most of the business owners were generally receptive to the idea, and most of them wanted to stay in the area, and the plan was designed to accommodate them as much as possible. Mr. Fasser described a plan where businesses could be moved around from one street within the plan to another, such as areas on Larochelle way that would be created, and other areas that would come to be with the modification of Hamilton Street.

Mr. Fasser described reviewing this plan with the Southbridge Planning Board and receiving unanimous approval there. Mr. Fasser stated there were certain criteria which qualified a plan such as this for grant funding, and based on this criteria there were several elements of the Southbridge situation which made this plan eligible for funding. These elements included the following:

• The percentage of unoccupied floor space in an area, with downtown Southbridge currently at 45% vacancy.
• The number of parcels vacant.
• The percentage of unoccupied area.
• The number of foreclosures, with a couple of properties in town being taken over for back taxes.
• The amount of incompatible land use, with the current industrial zoning on the riverfront.
• The diversity of owners and irregular lot sizes. Mr. Fasser stated the implementation of this plan would create larger areas for development.
• Poor driving.
• Poor access for pedestrians.

Mr. Fasser stated the current projection for this plan was $20 million. Mr. Fasser described the various sources of funding for this project. Mr. Fasser stated about $7.9 million was planned to be applied for via a grant program through the State. Mr. Fasser stated there was currently no appropriation made for this program. Mr. Fasser stated even without this portion of funding there were things to be done now, such as roadway improvements, for which State grant would only pay half. Mrs. Chernisky stated the intention was to look for creative ways to fund this without using town money. Mr. Fasser stated the Redevelopment Authority was not looking for an official vote tonight, as there may be changes made in the draft which had been submitted to the Department of Housing and Community Development, and any official vote from the Town Council should reflect these changes.

Mrs. Chernisky stated this is a long term plan. Mr. Fasser stated elements of the long term part of this plan include building a new fire station in the area of Wardwell Court.

Town Council Chairman Chernisky thanked Representative Carron for coming to tonight's meeting, as well as everyone who had participated in the development of the Urban Renewal Plan.

Councilor Livengood thanked all the members of the Redevelopment Authority for their time and energy. He stated it was long overdue something like this was started, and he was looking forward to participating.

Councilor Nikolla thanked everyone involved, and pledged her full support for this project.

Chairman Chernisky asked who would be applying for the grants to fund this project. Mrs. Chernisky stated there needed to be a professional grant writer involved with the project. Chairman Chernisky asked if any money remained from the initial grant to do the study, and Mrs. Chernisky stated the last of the money had been used to fund a market consensus for the affected area.

Dr. Albert Lanni of the Central Massachusetts Regional Planning Commission spoke. He stated he had attended the open meetings, had looked at the maps, and read the report. He stated this was an outstanding report and an outstanding presentation, and represented an opportunity for growth in the downtown area of Southbridge.

Councilor McDonald congratulated the Redevelopment Authority for their work. He stated it was crucial to have a full time grant writer for this project, and without this the whole thing would be a waste of time. He stated he hoped the Redevelopment Authority would submit for a funded grant writer position.

Margaret Morrissey, the Chairwoman of the Southbridge Historical Commission, stated if elements of the plan could be posted on the internet it would allow greater access for anyone interested in the Urban Renewal Plan. She stated this would allow anyone looking for this type development site to know of its existence, and specifically this should be part of the Town's website. Mr. Fasser stated he could provide a file format for use with the Town's website.

Rod Murphy of Dresser Street asked if there was a downside to this plan. Mrs. Chernisky stated within this plan were elements to move any business displaced by this plan, and anyone displaced could be scrambled around within the newly created, more advantageous sites contained in the new plan. She stated the plan would create better facilities for all existing businesses, with better parking and safer streets. Mrs. Chernisky stated businesses in the downtown Southbridge area were excited about the prospects contained within this plan.

Town Manager Carlisle stated this project could begin between January and March of 2007. Mr. Carlisle stated on average an urban renewal project took 10 years to complete. Mr. Carlisle stated the difficulty is the endless sequence of regulations that have to be complied with. Mr. Carlisle stated it is in the administration and advancement of these plans where towns falter. Mr. Carlisle stated because of this, the number one priority for implementing any urban renewal plan is to have a skilled administrator appointed. Mr. Carlisle stated there were very few urban renewal plans remaining, with most petering out in 1975, and most projects dead by the early 1980s. Mr. Carlisle stated an urban renewal plan is a very difficult proposition. Mr. Carlisle stated the town would not have to wait until FY08 to create a position of skilled administrator, but after the setting of the tax rate this could be readily addressed.

Councilor King asked if there was any history to be obtained from other towns who had tried a similar urban renewal plan. Mr. Fasser thought it was realistic to expect the town could get this funding. Mrs. Chernisky stated the carrying out of this plan would be conducted in stages, and as such grant money could be applied for in later years. Mrs. Chernisky stated if there was no funding at a particular time then that portion of the overall redevelopment within the plan could wait until money was available. Mr. Carlisle stated the lump sum of $20 million might be daunting, but with each funding cycle there is a chance to pick up a chunk of money for various projects within the overall plan.

Mr. Fasser stated with the current State administration the preference was to apply for grants with a list of projects that supported each other, and supported urban development. Mr. Fasser stated this proposal was the type which would be attractive to the State.

Chairman Chernisky stated the Town attorneys had advised that a vote on Council acceptance of this Urban Renewal Plan should be done at a regular meeting of the Southbridge Town Council.

Mrs. Chernisky stated this would not be a plan until the State says yes.

Chairman Chernisky closed the public hearing at 8:29 p.m.

A motion was made to adjourn the Town Council of the Whole meeting by Councilor King, seconded by Councilor McDonald. Vote by show of hands, unanimous in favor. The meeting adjourned at 8:29 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, MONDAY, DECEMBER 11, 2006

A joint Southbridge Town Council of the Whole and Southbridge Planning Board meeting was held on Monday, December 11, 2006, in the Robert MacKinnon Council Chambers.

AGENDA ITEM #1. Chairman will call the meeting to order.

Chairman Chernisky called the meeting to order at 7:04 p.m.

AGENDA ITEM #2. Roll Call. Councilors present: Chernisky, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors excused: Ferron, King.

Planning Board members present: Payeur, Spinelli, St.Jean, and Tremblay.

Mr. Carlisle stated prior to getting to Agenda Item #3. he wanted to perform a bit of business with the Planning Board, who were present. Mike Loin of Bertin Engineering stated in order for the Town to go forward with accepting the approximately 1 acre parcel of land from Fiske Hill East Realty Trust, the Planning Board needed to sign approval. Mr. Loin stated this land was part of a preexisting agreement recently made between the Town of Southbridge and the Town of Sturbridge, and its end use would be to hold a water tower. The present members of the Planning Board reviewed the findings and signed the document.

AGENDA ITEM #3. Discussion of Home Based Business By-law.

Nancy Tumolo of Briarwood Ave stated she had attended all the meetings regarding the casket business in her neighborhood. She stated the home based business bylaw was so broad in scope and interpretation that it comes into conflict with other parts of the bylaw. Mrs. Tumolo stated there were restrictions within the bylaw for operating as a carpenter in a single family zoned area, as well as restrictions against cabinet makers, as well as restrictions against assembling and finishing products in a single family zoned area of town. Mrs. Tumolo stated the need to attach conditions to this special permit is proof that it is unworthy to be granted to begin with. Mrs. Tumolo stated she wanted a moratorium on any new special permit applications until the home based business part of the zoning bylaws is looked into.

Larry Beinema of Dennison Hill Road stated the amendment to the Town's zoning bylaws had occurred in September of 2001, and since that time there had been many instances of dissatisfaction regarding the involvement of this bylaw. Mr. Beinema stated he wanted a moratorium on any new special permits until the home based business bylaw can be studied further and amendments and changes can be made. Mr. Beinema stated he wanted a study of the appeals process, such as placing an appeal to the Town Council rather than having to appeal to the courts. Mr. Beinema stated he felt the Planning Board was not compelled to approve each application. Mr. Beinema stated he felt the residents had been wronged.

Ann Beinema of Dennison Hill Road stated the general definition of what constitutes a home based business, which had circulated earlier, had been provided by her, and was from the National Home Business Association. She stated she was offering this sheet as a guideline for future changes. Mr. Beinema stated the zoning bylaw is incomplete, and is often in conflict with other laws. Mr. Beinema read from a court case involving the Town of Duxbury.

Raymond Bellerose from Dennison Hill Road stated he wanted a moratorium on all special permits until the bylaw is reviewed. He stated this type permitting affected the entire town.

Councilor Lazo stated he didn't agree with this special permit going through in that neighborhood, but the Planning Board had followed the criteria they had. He stated the bylaw needed to be fixed.

Mr. Spinelli stated the Planning Board took 18 months to make this September, 2001 amendment to the bylaw. He stated since this change took place this was the first instance of such an outcry regarding this bylaw. Mr. Spinelli stated this type of business, casket making, was also a first. Mr. Spinelli clarified the Planning Board is never compelled to approve a special permit. Mr. Spinelli stated the previous bylaw had been revised in 2001, because prior to the revision the bylaw named specific allowable business, and as such was too restrictive to meet the needs of newly forming types of businesses at that time. Mr. Spinelli stated the more the board looked at this issue, the more it felt that restricting the home based business bylaw to only named instances of allowable businesses was a bad idea. Mr. Spinelli stated the definition of manufacturing which he had found in Webster's 4th Edition was 'the making of goods and articles by hand and by machinery, often on a large scale and with a division of labor.' Mr. Spinelli said in his opinion the special permit recipient in this case was not involved in manufacturing.

Mr. Spinelli stated it was unfair to say special conditions were uncommon. Mr. Spinelli stated he and other Planning Board members had gone to the applicant's house at 7 p.m. and turned on all four of his machines, and could not hear them at the bottom of the driveway. Mr. Spinelli stated he didn't believe the operation of this business was going to increase the existing problems with electricity in this area. Mr. Spinelli stated if the Town wanted to change this bylaw it could, and he thought the Planning Board had been careful and cognizant during the last revision. Mr. Spinelli stated the Planning Board does act in the best interests of the Town. Mr. Spinelli stated he didn't believe anything noticeable would be occurring with the operation of this business. Mr. Spinelli stated if the Town Council wanted to rewrite and submit to the Planning Board they could. He stated he could assure the Planning Board would look at any recommendation made, and would work with the Town Council if they wanted to change it. Mr. Spinelli stated he felt it was a good bylaw. Mr. Spinelli stated the appeal process is determined by the State of Massachusetts, not by the Planning Board.

John Garby of Briarwood Ave stated he was in favor of home based businesses, but more guidelines were needed, more restrictions needed to be put in place.

Councilor Lazo stated he was in favor of a moratorium until the home based business part of the zoning bylaw could be worked out.

Councilor Livengood stated there were people in this neighborhood who were currently doing home based businesses without proper permitting, and he felt this applicant was being punished for doing the right thing. Councilor Livengood stated the Planning Board was a separate entity from the Town Council, and was designed this way to keep politics out of any special permitting or other decision by the Planning Board.

Councilor Langevin asked how long a review process this would be to revisit the home based business portion of the Town bylaw, and Mr. Spinelli said there were many factors, but two months was an estimate. Mr. Spinelli stated the Planning Board referenced a lot of home based business bylaws throughout the State. Mr. Spinelli stated he didn't want to put a list of allowable activities into the home based business bylaw, because in two years it would be too restrictive. Councilor Langevin stated if the home based business bylaw comes for review then he wanted citizen involvement.

Councilor Langevin made a motion for a moratorium on all new home based business special permits until this matter was sent back to the Planning Board for review.

A discussion was held regarding who had authority to change the Town's Zoning Bylaws.

Councilor Langevin rescinded his motion for a moratorium on all new home based businesses receiving special permits from the Planning Board.

Councilor Langevin made a motion that the Town Council direct the Town Manager to get a legal opinion on whether a moratorium can be placed on all new special permits for home based businesses until the home based business section of the bylaw can be reviewed, and to send this discussion of changing the home based business section of the Town's Zoning Bylaws to General Government Subcommitte, seconded by Councilor Lazo.

Councilor Marcucci stated this would be unfair to any citizen who wished to apply for a special permit for a home based business. Mr. Carlisle stated the State would only allow a limited length of time for any moratorium on this type activity. Mr. Carlisle stated moratoriums in Massachusetts are not easily put into place, and they are transitory. Mr. Carlisle stated the intent of a moratorium is to allow a town a short time to remedy any immediate problems in a specific instance. Mr. Carlisle stated a moratorium is generally something with a broad influence, and it needs to be dealt with in a short period of time.

Mr. Tremblay stated the Planning Board usually acts on an average of 1 1/2 special permits a month.

Motion that the Town Council Direct the Town Manager to get a legal opinion on whether a moratorium can be placed on all new special permits for home based business until the home based business section of the bylaw can be reviewed, and to send this discussion to General Government Subcommittee. Vote by roll call, Town Council members in favor: Chernisky, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Planning Board members in favor: Spinelli, Payeur, and St.Jean. Planning Board members opposed: Tremblay. Motion passes.

John Gatti of Briarwood Ave spoke, and thanked the Planning Board for their work. Mr. Gatti stated anyone who wants to go into business should be encouraged to do so, and there were buildings in town for this sort of business. Mr. Gatti stated this was manufacturing in a residential neighborhood, and it was sending the wrong message to potential homebuyers. Mr. Gatti stated in a town with professional management this should not have come as far as it did. Mr. Gatti stated if there was a manufacturing tax rate set on his property, then it would be more restrictive to anyone attempting this activity.

Councilor Nikolla stated she did attend the Planning Board meeting, and stated at first she was concerned for the neighborhood, but she stated her feeling this home based business was being denigrated only because it is a casket business. She stated if the neighborhood had concerns about the safety of their children or their quality of life being impacted, then she would support them. She stated now the Town would have to get a tap payer funded attorney to find out about a moratorium. Councilor Nikolla stated she was not sure if she could stand by her original feelings about this business.

Rene Tremblay of Jerome Avenue asked if the current appeal process would be delayed now that the Council was determining whether a moratorium could be placed on special permit activities, and Chairman Chernisky stated he didn't believe the 20 day deadline (until 12/18/06) would be impacted by anything the Council did at this point.

Councilor Lazo made a motion to adjourn, seconded by Councilor Livengood. Vote by show of hands, all in favor. The meeting adjourned at 8:30 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, DECEMBER 4, 2006

A meeting of the Southbridge Town Council was held on Monday, December 4, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:00 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE.

Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. Roll Call. Councilors present: Chernisky, Ferron, Langevin, Livengood, McDonald, and Nikolla. Councilors excused: King, Lazo, and Marcucci.

AGENDA ITEM #3. Consider and accept the minutes of the November 20, 2006 meeting. A motion was made by McDonald, seconded by Councilor Ferron, to approve these minutes. Vote by show of hands, all in favor.

AGENDA ITEM #4. Subcommittee reports:

• a. General Government. Councilor King was excused from the meeting.
• b. Department of Public Works. Councilor Lazo was excused from the meeting.
• c. Education and Human Services. Councilor Nikolla stated there were no minutes to read and no meeting was scheduled.
• d. Planning and Development. Councilor Livengood said a meeting was scheduled for 12/7/06 at 7 p.m. in the Rice Conference Room.
• e. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.
• f. Town Manager. Councilor McDonald read the minutes of the 11/29/06 meeting, and stated a meeting was scheduled for 12/5/06 at 7 p.m. in the Rice Conference Room.

AGENDA ITEM #5. Chairman's Announcements

Chairman Chernisky thanked all of those people who had helped with the Festival of (giving) Trees and the Festival of Lights.

Chairman Chernisky stated the winter parking bans were now in effect, and he asked all residents to observe these rules.

Chairman Chernisky stated a joint meeting of the Town Council and the Planning Board would be held on 12/11/06, to discuss the home-based business bylaws. He stated also there would be a Council of the Whole meeting on 12/13/06 to address the Redevelopment Authority's long-term development plan.

AGENDA ITEM #6. Town Manager Announcements

Town Manager Carlisle described the process for certifying the free cash and preparing the tax levy for determining next year's tax rate. He stated, as had been projected in late May of this year, the Town would contribute the $1,055,000 from the Stabilization Fund to lower the tax levy, as well as about $600,000 to $650,000 of free cash, pending Department of Revenue approval of the Town's free cash. Mr. Carlisle stated there would be several votes required at the next meeting, and it would be very close as far as getting the bills prepared and mailed out by the end of the calendar year.

Mr. Carlisle stated the Town Library had been very active in promoting the food share program, and was instituting a fine forgiveness program for people with late library fines to have those fines removed by contributing to this program. Mr. Carlisle stated there were other organizations in town involved in charity during the holidays, and he encouraged everyone to be charitable during this holiday season.

AGENDA ITEM #7. Citizens forum

William Ryan of Glover Street stated the Town of Sturbridge, by way of its sending its septic waste to the Town of Southbridge, was causing a rancid smell in the Mill Street area, usually on Fridays, and he wanted the Town to address this problem.

AGENDA ITEM #8. Vote to confirm the Town Manager's appointment of Mark L. Morin to the Economic Development Commission for the Town of Southbridge for a three-year term to expire June 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #9. Vote to confirm the Town Manager's appointment of Joan Menard to the Economic Development Commission for the Town of Southbridge for a two-year term to expire June 30, 2008. A motion by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #10. Vote to confirm the Town Manager's appointment of John Gauvin to the Economic Development Commission for the Town of Southbridge for a one-year term to expire June 30, 2007. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #11. Vote to confirm the Town Manager's appointment of Paul R. Jalbert to the Industrial Development Finance Authority for the Town of Southbridge for a one-year term to expire June 30, 2007. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #12. Vote to transfer the sum of $1,000.00 from Town Council Reserve Account No. 001.0132/5781 to Recreation Repair and Maintenance of Equipment Account No. 001.0631.5240. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #13. Vote to transfer the sum of $7,500.00 from Town Council Reserve Account No. 001.0132.5781 to DPW Hazard Mitigation Program Account. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #14. Vote to ratify the contract in the amount of $7,000.00 from Task 1 with Comprehensive Environmental Incorporated for preparation of the application for the Hazard Mitigation Grant Program. A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #15. Vote to ratify the contract in the amount of $21,00.00 for inspection of dams in the Town of Southbridge with GEI Consultants and the cost of this contract to be paid from the Water Enterprise Fund. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #16. Councilors' Forum

Councilor Langevin asked the Town Manager to draft a letter to the Town of Sturbridge, asking them to expedite the problem of wastewater smell which had been identified as the responsibility of Sturbridge, and was occurring in the area of Canal and Mill Street in the Town of Southbridge.

Councilor McDonald concurred with Councilor Langevin.

Councilor Nikolla stated she expected the Town of Sturbridge to respond in writing to this request, noting that this problem with wastewater smell had been addressed in the past and nothing had been done.

Councilor Nikolla stated she was thrilled with the Christmas decorations downtown placed by the Downtown Partnership, and she stated the placement of the Christmas garland across Main Street completed the whole scene.

Mr. Carlisle described the history of the odor in the Mill Street area. He stated it had taken awhile to identify the source, which was the wastewater being delivered by Sturbridge to the Southbridge Wastewater Facility under terms of an intermunicipal agreement. He stated because Sturbridge cycled the times at various points in the week to flush their wastewater, it created periods of time when the sluice would accumulate in the pipes around Canal Street and would fester there. Mr. Carlisle stated Sturbridge had responded to Southbridge, stating they had found a potential way to install a valve which would prompt their line to seep the sludge back into the plant in Sturbridge, and out of the pipes delivering the material to Southbridge. Mr. Carlisle stated at the Council's request he would contact the Sturbridge Town Administrator, the Sturbridge Selectmen, and the sewer people, to ask for a timetable on resolution of this problem and to ask what thoughts they had.

Councilor Ferron stated he wanted the Council to stand firm on a tax increase of between 3 and 4% for the coming year, and he wanted the rate to level off in the future.

AGENDA ITEM #17. Discussion of the next meeting date. Councilor Ferron recommended 12/18/06 as the next meeting date, seconded by Councilor Langevin. Vote by show of hands, all in favor.

Councilor Langevin made a motion to adjourn, seconded by Councilor McDonald. Vote by show of hands, all in favor. The meeting adjourned at 7:40 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, NOVEMBER 20, 2006

A meeting of the Southbridge Town Council was held on Monday, November 20, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:05 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE.

Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. Roll Call. Councilors present: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla.

AGENDA ITEM #3. Consider and accept the minutes of the November 6, 2006 meeting. A motion was made by Councilor Lanvegin, seconded by Councilor Lazo, to accept these minutes. Vote by show of hands, unanimous in favor, 1 abstention.

AGENDA ITEM #4. Subcommittee Reports:

• a. General Government. Councilor King said there were no minutes to read and no meeting was scheduled.
• b. Department of Public Works. Councilor Lazo read the minutes of the 11/14/06 meeting. He stated there would be a meeting on 11/28/06 at 7 p.m. in the Rice Conference Room, to discuss the repair of lights on the tennis courts on Lower West Street, along with other items.
• c. Education and Human Services. Councilor Nikolla said there were no minutes to read and no meeting was scheduled.
• d. Planning and Development. Councilor Livengood stated there would be a meeting on 12/7/06 at 7 p.m. in the Rice Conference Room, and he wanted town citizens to attend.
• e. Protection of Persons and Property. Councilor Ferron stated he had no minutes to read and no meeting was scheduled.
• f. Town Manager. Councilor McDonald stated he had received a request from the Town Manager to schedule a meeting soon, and he planned to do this.

AGENDA ITEM #5. Chairman's announcements.

Chairman Chernisky thanked everyone who voted. He thanked the Clerk's office and the Elections staff.

Chairman Chernisky thanked everyone at the high school and the parents who helped with the Spirit Parade and bonfire.

Chairman Chernisky stated there had been many volunteers who had helped installed the holiday decorations at the Town Common, and in the Downtown and Main Street area, and he thanked them all. He stated the Downtown Partnership and the Garden Club had helped with the urns on Main Street, and a number of volunteers from Town departments and other citizens had stepped up as well. Chairman Chernisky invited everyone to come to the ceremonial lighting, and to also attend the Festival of Trees.

Chairman Chernisky wished everyone a happy and safe Thanksgiving.

AGENDA ITEM #6. Town Manager announcements.

Mr. Carlisle stated the title for the small slivers of land near Foster and Main, mostly owned by Saver's Bank, has remained elusive. He stated the Town's attorneys were looking into this. Mr. Carlisle stated Saver's Bank did not own 100% of this land, and he was asking the Council to consider taking the small bits of parcels which were primarily left over when the road configuration on Main Street was changed. Mr. Carlisle stated in the months ahead the Town would be completing the work started in 2001, then the 2002 work to describe the roadway layout, then the 2004 job of determining ownership of the land, and that hopefully by some time in 2007 the 500 sq ft parcel could be obtained.

Mr. Carlisle stated he was referring to DPW Subcommittee the Town's responsibility to inspect five dams, which included four town-owned dams in Southbridge and one abutting the town in Connecticut. Mr. Carlisle stated the contract for this inspection was about $21,000, and the Town Charter required ratification of this by the Town Council.

Mr. Carlisle stated the Pilgrim property, which is about 53 acres near the golf course and Durfee Street/Eastford Road area, had been forwarded for review to the School Building Committee and School Committee, for potential use as a new school site. Mr. Carlisle stated these boards had found more desirable locations and as such were not interested in the Pilgrim property. Mr. Carlisle stated the Town had until 12/21/06 to act if it wanted to purchase this land, at a cost of approximately $700,000.

Mr. Carlisle thanked the volunteers who had set up the holiday lights at the Town Common and at the Dresser Park Memorial. He thanked the several Town firemen who had volunteered, as well as those who had helped with the specific electrical work required for these two projects.

Mr. Carlisle stated this was the last week of curbside pickup for yard waste.

Mr. Carlisle stated 12/2/06 was the hazardous waste day at the Town landfill.

Mr. Carlisle stated the concerns over the bird flu were being taken very seriously at the State level, and several organizational meetings had been developed. Mr. Carlisle stated members of the Town staff, the Police Chief, the Fire Chief, and the DPW Director would be attending upcoming State-sponsored informational fairs, to stay on top of the curve.

Chairman Chernisky asked the Town Manager to inform the Council when more was known about the Pilgrim property.

A motion was made by Councilor Lazo, seconded by Councilor Langevin, to move AGENDA ITEM #8 to the next spot on the Agenda. Vote by show of hands, unanimous in favor.

AGENDA ITEM #8. Presentation by Cub Scout Troop. Michelle Southall, a Pack leader for Troop 160, presented the troop to the Town Council. She wished all the Councilors happy holidays, and stated the Boy Scout credo was do your best, and she wished this for all the Councilors. She and her troop presented the Town Manager and the Town Council with packets of cookies and breads.

AGENDA ITEM #7. Citizens' Forum

Raymond Bellerose of Dennison Hill Road spoke about the Planning Board's recent granting of a special permit to a man in his neighborhood who wished to begin manufacturing coffins for sale in his house. He stated this area was zoned single family. He stated any special permitting at this property would now stay on this property forever. He stated he wanted a moratorium on special permits until the zoning bylaws can be amended to help further define special permitting.

Larry Beinema of Dennison Hill Road stated on 11/15/06 the Planning Board had granted a dangerous precedent by approving the casket business in a residentially zoned area. Mr. Beinema stated the Town's Health Inspector had expressed concerns in a written letter about this business. Mr. Beinema stated the Police Chief had written expressing disapproval. Mr. Beinema stated the Planning Board was an unelected board, and must be accountable to someone. He stated it was incumbent upon the Town Manager and the Town Council to take action regarding this. He stated the Town should not allow the Planning Board to set this level of policy.

Delores Larochelle of Briarwood Ave stated she had moved from Pleasant Street to Briarwood Ave to get away from industrial activity, and now this business had moved in.

Nancy Tumolo of Briarwood Ave stated she was glad the Planning Board had attached a number of conditions for this business, but she was concerned about neighborhoods being flooded with this type of predominantly manufacturing business. Mrs. Tumolo stated she wanted the Town Council to reevaluate the Town zoning bylaws to clarify the many ambiguities within it. Mrs. Tumolo thanked Councilors Lazo and Nikolla for attending the Planning Board meeting.

Ann Beinema of Dennison Hill Road stated she wanted the Town Council to put an immediate stop to all special permits until this thing can be sorted out.

Marilyn Coleman of Briarwood Ave stated it was "one more nail in the coffin of Southbridge."

John Tumolo of Briarwood Ave stated this granting of a special permit would have an adverse impact on the value of other adjacent properties. He stated the Town Council needed to modify the language of the zoning bylaws to help the residents, and to keep manufacturing out of neighborhoods. He stated also there needed to be an appeal process other than a Superior Court appeal.

John Garby of Briarwood Ave stated a home business is okay, as long as it doesn't involve manufacturing.

Councilor Lazo made a motion refer this item to General Government Subcommittee for further review, seconded by Councilor Nikolla.

A discussion about zoning issues amongst the Councilors and the Town Manager was held. Councilor Lazo rescinded the motion to refer this item to General Government Subcommittee, seconded by Councilor Langevin.

Councilor Ferron made a motion to suspend the rules and add an item to tonight's agenda, seconded by Councilor McDonald. Vote by show of hands, unanimous in favor.

Added Item: A motion was made by Councilor Lazo to defer discussion to a Council of the Whole meeting to discuss Planning Board issues, seconded by Councilor Langevin. Vote by show of hands, unanimous in favor.

Chairman Chernisky called a recess at 8:05 p.m. The meeting resumed at 8:15 p.m.

AGENDA ITEM #9. Vote to confirm the Town Manager's appointment of Robert M. Salisbury as a full time Police Officer for the Town of Southbridge for an indefinite term to be effective November 21, 2006. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by roll call. Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

AGENDA ITEM #10. Vote to confirm the Town Manager's appointment of John P. Freeman as a full time Police Officer for the Town of Southbridge for an indefinite term to be effective upon entrance to the Massachusetts Police Academy tentatively scheduled for January 2007. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by roll call. Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Vote passes.

Chief Charette introduced the two new police officers, who each thanked everyone involved in their becoming a police officer, and stated they looked forward to serving the town.

AGENDA ITEM #11. Vote to confirm the Town Manager's re-appointment of Kopelman and Paige, P.C. as Town Counsel for the Town of Southbridge for a term to expire June 30, 2007. A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item.

A discussion was held on whether this should go to subcommittee, and if it would change the final outcome.

AGENDA ITEM #11. Vote by roll call. Councilors in favor: Chernisky, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Ferron, Lazo. Vote passes.

AGENDA ITEM #12. Vote to form an Economic Development Commission pursuant to M.G.L. Chapter 40, Section 8a. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item.

Councilor Chernisky stated he was pleased to see this being formed, as well as the Industrial Development Finance Authority. He stated these were non political boards that were only interested in helping the town. Councilor Ferron asked about the governance of these boards. Mr. Carlisle stated both are governed by Mass. General Law. Mr. Carlisle stated by definition the Industrial Development Finance Authority was more concerned with getting federal grants for the workings of the Economic Development Commission, but he expected these two boards to meet together. Mr. Carlisle stated Councilor Livengood had offered to shepherd this through the Planning and Development Subcommittee to help it form and to report to the Council.

AGENDA ITEM #12. Vote by show of hands, unanimous in favor.

AGENDA ITEM #13. Vote to confirm the Town Manager's appointment of Steve Donovan to the Economic Development Commission for the Town of Southbridge for a five-year term to expire June 30, 2011. A motion was made by Councilor Nikolla, seconded by Councilor King, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #14. Vote to confirm the Town Manager's appointment of Julie Morrill to the Economic Development Commission for the Town of Southbridge for a four-year term to expire June 30, 2010. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #15. Vote to confirm the Town Manager's appointment of Alexandria McNitt to the Economic Development Commission for the Town of Southbridge for a one-year term to expire June 30, 2007. A motion was made by Councilor McDonald, seconded by Councilor Marcucci, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #16. Vote to confirm the Town Manager's appointment of Pierre Cournoyer to the Industrial Development Finance Authority for the Town of Southbridge for a two-year term to expire June 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #17. Vote to confirm the Town Manager's appointment of Nancy Coderre to the Industrial Development Finance Authority for the Town of Southbridge for a one-year term to expire June 30, 2007. A motion was made by Councilor Livengood, seconded by Councilor King, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #18. Vote to confirm the Town Manager's appointment of James Sottile to the Industrial Development Finance Authority for the Town of Southbridge for a one-year term to expire June 30, 2007. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item. Discussion was held about whether or not this board would constitute a conflict of interest, as the candidate was currently on the Liquor Licensing Board. Vote by show of hands, motion fails.

AGENDA ITEM #19. Vote to appropriate the sum of $2,600,000.00 to carry out various capital improvements on the Cotton property and the Guelphwood Road property, to be known as the Combined DPW Facility, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as amended; and to authorize the Treasurer, with the approval of the Town Manager, to raise and appropriate said funds by issuing bonds or notes under Sections 7 and/or 8 of Chapter 44 of the General Laws and/or Chapter 29C, which bonds and notes shall be the general obligtation of the Town unless the Treasurer, with the approval of the Town Manager, determines that the bonds and notes should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C.

2/3 Roll Call Vote Required

A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item.

Mr. Carlisle stated this appropriation would bring the total amount appropriated for this project up to about $8,000,000. Councilor Lazo stated this bonding was supported unanimously in subcommittee. Councilor Langevin stated he believed in the project, but was concerned about the constantly increasing price tag associated with doing it. Discussion was held about the costs associated with the environmental impact of this site, which had in the past been a dump, then a salvage yard. Mr. Carlisle stated so far the town had been very fortunate that the costs of addressing environmental issues at the site had been less than forecasted, and he hoped the Town could complete the project without any costly environmental issues coming about. Councilor Lazo stated the financial impact of this project would be lessened by pursuing a Department of Agriculture 40 year loan, as the Town Manager had discussed in subcommittee.

AGENDA ITEM #19. Vote by roll call. Councilors in favor: Chernisky, Ferron, King, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Langevin. Motion passes.

AGENDA ITEM #20. Vote to ratify a contract with Barr Incorporated in the amount of $5,115,000 for the work on the combined DPW facility. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by show of hands, motion passes.

AGENDA ITEM #21. Vote to accept the Petition for Repairs to a Private Way by the abutters to Walker Court to make necessary repairs to this private way in the maximum amount of $500.00 for materials and labor. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item. Councilor Ferron stated there were other private ways in town that could also use this service. Councilor Lazo stated by petitioning the Town, the abutters on Walker Court had qualified under the Town's Charter for this service. Vote by show of hands, unanimous in favor.

AGENDA ITEM #22. Vote to ratify the Intermunicipal Agreement as amended between Southbridge and Charlton for water supply.

Councilor Marcucci stated the Town of Charlton was raising concerns about the condition of Southbridge water. Mr. Carlisle stated the current regulations regarding water purity called for no more than 80 parts per million (ppm) of a certain suspected carcinogen, which was a carcinogen caused by chlorine in the water sitting for a period of time in the pipes. Mr. Carlisle stated the delivery of water to Charlton did take some time, and did mean that water was sitting in storage for longer than most Southbridge users experienced. Mr. Carlisle stated Charlton wanted the Town of Southbridge to share in the cost of making this water potable. Mr. Carlisle stated by 2013 there would be new water regulations that were more restrictive than the current 80 ppm on the instance of carcinogens THM and HAA5 in the water. Mr. Carlisle stated the Town of Southbridge would at some point be required to have as its standard a water purifying treatment that included both chlorine and ammonia to meet this new standard. Mr. Carlisle stated this new treatment for the Town's water will cost between $300,000 and $500,000. Mr. Carlisle stated regardless of any obligation the Town had on the water it sells to Charlton, Southbridge was obligated to provide safe water for its own residents.

AGENDA ITEM #22. Vote by show of hands, motion passes.

AGENDA ITEM #23. Councilors' Forum

Councilor Nikolla wished everyone a safe and happy Thanksgiving, and she stated she hoped the Southbridge Pioneers beat Bartlett in their football game.

Councilor Langevin wished everyone a Happy Thanksgiving. Councilor Langevin thanked all the volunteers who had helped with the holiday decorations in Southbridge, and stated he hoped more people would volunteer. Councilor Langevin thanked everyone for coming out for the election, and thanked everyone for being patient with the wait at the Armory. He stated perhaps in the future for the big turnout elections the voters could also park on the gravel area adjacent to the Armory.

Councilor Livengood wished everyone a Happy Thanksgiving.

Councilor Lazo stated a local business owner, Paul Monaco, had made a substantial donation to the Police Department in the way of office furniture for the detective's area in the police building, and he wished to thank him. Councilor Lazo said the call firefighter Antonio Trifone had obtained his EMT certificate, and congratulations to him for doing this. Councilor Lazo commended the Fire Chief and other firefighters who had helped with the holiday decorations. Councilor Lazo stated he was in awe of the number of people who had participated in the Spirit Week parade. He wished everyone a safe and happy Thanksgiving, and stated this was Spirit Week at Southbridge High School, and he wanted everyone to wear red, and he would see them at the football game.

Councilor King wished everyone a Happy Thanksgiving. He stated the bonfire and parade were impressive the previous night. He stated he looked forward to spending time with his family at the decorated Town Common. Councilor King stated Toys for Tots is in full swing, and he urged people to support this.

Councilor McDonald wished everyone a happy and safe holiday season.

Councilor Marcucci wished everyone a happy and safe holiday season.

Councilor Ferron wished everyone a Happy Thanksgiving.

AGENDA ITEM #24. Discussion of next meeting date. Councilor Ferron recommended 12/4/06 as the next meeting date, seconded by Councilor King. Vote by show of hands, unanimous in favor.

AGENDA ITEM #25. Adjournment. A motion was made to adjourn by Councilor Ferron, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor. The meeting adjourned at 9:05 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, NOVEMBER 6, 2006

A meeting of the Southbridge Town Council was held on Monday, November 6, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:00 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE.

Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, LIVENGOOD, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS EXCUSED: KING.

AGENDA ITEM #3. Consider and accept the minutes of the October 30, 2006 meeting. A motion was made by Councilor Langevin, seconded by Councilor Livengood, to accept the minutes. Vote by show of hands, 8 to 0 in favor.

AGENDA ITEM #4. Subcommittee Reports:

• a. General Government. Councilor King was excused from the meeting.
• b. Department of Public Works. Councilor Lazo said there was a meeting scheduled on 11/14/06 at 7 p.m. in the Rice Conference room.
• c. Education and Human Services. Councilor Nikolla said there were no minutes to read and no meeting was scheduled.
• d. Planning and Development. Councilor Livengood described the meeting of 11/2/06, and stated another meeting was scheduled for 12/7/06, to which he wished to invite the general public.
• e. Protection of Persons and Property. Councilor Ferron read the minutes of the 11/1/06 meeting.
• f. Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. Chairman's Announcements

Chairman Chernisky stated the two street festivals this past summer in Southbridge were primarily the work of two downtown businesswomen, Susan Pelletier and Julianna MacDonald, and he introduced these women, and presented them with a certificate of appreciation from the Town of Southbridge. Chairman Chernisky said there were more downtown events coming, and he would keep everyone posted as what was coming up. Chairman Chernisky stated all the work done was volunteer, and anyone who wished to volunteer should contact Mrs. Pelletier or Mrs. MacDonald at Scentimental Favorites in Downtown Southbridge to do so.

AGENDA ITEM #6. Town Manager Announcements

Town Manager Carlisle stated the yard waste pickup was being used well by the Town of Southbridge, and the program would run until 11/25/06.

Mr. Carlisle stated the landfill would hold another hazardous waste day on 12/2/06, from 9 a.m. to 1 p.m. He stated there would be four more next year.

AGENDA ITEM #7. Citizens' Forum

James Sottile of Pinedale Ave announced the 2006 campaign for Toys for Tots, sponsored by the Marine Corps League. He stated receptacles for this program would be set up in the Town Hall, at the Fire and Police stations, in the Southbridge Hotel and Conference Center, and at several local banks. Mr. Sottile also urged everyone to honor all Marines by going out to vote in the November 7th election.

Madaline Daoust, Town Clerk of Southbridge, stated the polls would be open tomorrow from 7 a.m. to 8 p.m., and she urged everyone to go vote. She stated if anyone needed a ride to the polls to call the office of the Town Clerk.

AGENDA ITEM #8. Vote to confirm the Town Manager's appointment of Jonathan E. Bonin as a Call Fire Fighter for the Town of Southbridge for a three-year term to expire June 30, 2006. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 8 to 0 in favor. Fire Chief Laporte introduced Mr. Bonin to the Council, and he thanked them all for this appointment.

AGENDA ITEM #9. Vote to amend the vote taken on September 25, 2006, Agenda Item No. 8: A motion was made to order that the new by-law go into final effect on 11/15/06, with the exception of Section 7-506, regarding overnight camping in the Town of Southbridge, which is effective immediately. Amend as follows: That a motion be made to order that the new by-law go into final effect on December 20, 2006, with the exception of Section 7-506, regarding overnight camping in the Town of Southbridge, which is effective September 25, 2006. A motion was made by Councilor Ferrron, seconded by Councilor Lazo, to vote this item. Mr. Carlisle stated this would allow the By-Law Review Committee time to work out some final details of the new by-laws. Vote by show of hands, 8 to 0 in favor.

AGENDA ITEM #10. Vote that $75,000.00 is appropriated for the purpose of repairs to oil tanks at three elementary schools including without limitation all costs thereof; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $75,000.00 under Chapter 44 of the General Laws.

2/3 Roll Call Vote Required

A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Mr. Carlisle explained the work needed at Eastford Road School, the Charlton Street School, and the West Street School. Mr. Carlisle stated the target for completing these repairs was four weeks.

Councilor Nikolla asked if the fix at Eastford Road was a repair or a replacement of the boiler system. Mr. Carlisle stated this was a repair, at an approximate cost of $34,000. Mr. Carlisle stated there were three ways the town was exploring to get money back on these repairs.

Councilor Lazo asked about the three potential avenues for getting money other than borrowing for these repairs. Mr. Carlisle stated the engineer who designed one of the systems in 1993 was one potential source of recompense for these repair costs, because the engineer inspected the work and it was flawed. Mr. Carlisle stated the second potential source of money to help with these repairs was based on the fact that the problem with Eastford Road School involved leaking of petroleum and might be covered by a 21e claim, as had happened in the Town of Belmont. Mr. Carlisle stated the third avenue of payment might come from the Town's insurer. Mr. Carlisle stated in any event, the work needed to be done now. Chairman Chernisky clarified the Town would only borrow what was needed, and Mr. Carlisle stated this was so.

Councilor Ferron asked if this would come under the bid process. Mr. Carlisle stated the work at Eastford Road school would be divided into two parts, with the first part determining the exact problem and the second part repairing the problem. Mr. Carlisle stated it was best to use two different outfits for these two different parts of the repair. Mr. Carlisle stated the study would cost approximately $8,000 to $10,000, and he believed the second part would be less than the $25,000 that is the bid threshold.

AGENDA ITEM #10. Vote by roll call. Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes 8 to 0, unanimous in favor.

AGENDA ITEM #11. Councilors Forum

Councilor Livengood said voting was more than a right but also a responsibility, and people shouldn't complain about the outcome if they don't vote.

Councilor Lazo reminded everyone to come vote for the candidate they feel will serve the Town best, and he wanted the Town Clerk to be able to say Southbridge won the voting contest.

Councilor Ferron asked about a property on Hillcrest Ave that was abandoned, and reportedly contained rodents that were invading other nearby properties. Mr. Carlisle stated the request to look into this was noted. Councilor Ferron asked everyone to go vote.

AGENDA ITEM #12. Discussion of the next meeting date. Councilor Ferron suggested 11/20/06, seconded by Councilor Marcucci. Vote by show of hands, 8 to 0 in favor.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Langevin. Vote by show of hands, 8 to 0 in favor. The meeting adjourned at 7:30 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, OCTOBER 30, 2006

A meeting of the Southbridge Town Council was held on Monday, October 30, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:00 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE.

Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, KING, LANGEVIN, LAZO, LIVENGOOD, MARCUCCI, MCDONALD, AND NIKOLLA.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE FOLLOWING MINUTES:

• October 16, 2006 regular meeting. A motion was made by Councilor McDonald, seconded by Councilor King, to approve these minutes. Vote by show of hands, 9 to 0 in favor.
• October 25, 2006 Council of the Whole. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to approve these minutes. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor King said there were no minutes to read and no meeting was scheduled.
• b. DPW. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
• c. Education and Human Services. Councilor Nikolla read the minutes of the 10/25/06 meeting.
• d. Planning and Development. Councilor Livengood stated there was a meeting on 11/2/06 at 7 p.m. in the Rice Conference Room.
• e. Protection of Persons and Property. Councilor Ferron said there was a meeting on 11/1/06 at 7 p.m. in the Rice Conference Room.
• f. Town Manager. Councilor McDonald said two Councilors had met with the Town Manager in individual meetings, and two additional meetings were planned. Councilor McDonald stated all Councilors needed to do this.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated he wanted a General Government Subcommittee meeting to talk about the new parking arrangement in the Edwards Block and on Central Street.

Chairman Chernisky said the State Election was on 11/7/06, and he urged everyone to vote.

Chairman Chernisky stated Halloween was from 5:30 to 7 p.m. on 10/31/06, with the Horribles Parade starting at 5 p.m.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle introduced the Notre Dame Cub Scout Pack #160, and thanked them for cleaning up the Central St Bridge, and presented a certificate of excellence for the Pack. Councilor Livengood thanked all the others who had helped with this project.

Mr. Carlisle stated 12/2/06 from 9 a.m. to 1 p.m. was the next hazardous waste day at the town landfill.

Mr. Carlisle stated the leaf and yard waste curbside pickup would continue until 11/25/06.

Mr. Carlisle stated the Town has reviewed the easiest way for anyone in town who does not qualify for free curbside trash pickup, and there were several options, and Checka in Charlton is the least expensive.

Mr. Carlisle stated he had received word from the Alicea candidacy that the 10/31/06 debate had been canceled.

AGENDA ITEM #7. CITIZENS' FORUM

Paul Larkin of Southbridge stated the Town Council was heading a real positive direction. He stated he liked the new storefronts as he entered town. He stated other communities that had landfills were converting them into assets by using the methane to generate electricity and for other uses.

Nelson Gagnon of Central Street said people were making a mess of the Downtown area, and vandalizing the park benches. He stated the area should be closed after 8 p.m.

Town Clerk Madaline Daoust said the State Election was on November 7th, 2006, and the polls were open from 7 a.m. to 8 p.m. She stated any registered voter could also vote absentee if they couldn't make it to the polls, and she described how. Mrs. Daoust stated the Make Your Vote Count contest was very close, and if Southbridge came out to vote in the upcoming election the community could win this award.

Karola Daigle of Hamilton Street, a member of the Town Clerk/Library Unit contract negotiating team, asked the Town Council for their support in the upcoming discussion about union wages.

AGENDA ITEM #8. PRESENTATION OF THE DRAFT REDEVELOPMENT AUTHORITY PLAN FOR DOWNTOWN. Lorna Chernisky, the Chairwoman of the Southbridge Redevelopment Authority, described the current status of the Downtown plan. Mrs. Chernisky stated the plan was concentrated in the Downtown core area and addressed parking, and that this plan was extensive. She stated the Redevelopment Authority would be presenting to the Planning Board, and there was a requirement for one more public hearing, and then the entire plan would be presented to the full Council for approval. Councilor Marcucci stated she would prefer a Council of the Whole meeting to discuss exclusively this plan. Mrs. Chernisky asked about holding the public hearing prior to the Council of the Whole meeting.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF ROGER NOROWSKI AS VETERANS' GRAVE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #10. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF LEONARD VIGNEAULT TO THE AIRPORT COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Jim Latour, the airport operator, introduced Mr. Vigneault. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #11. VOTE TO SUPPORT AN APPLICATION TO MASS HIGHWAY FOR THE DENNISON DRIVE RECONSTRUCTION PROJECT IN THE AMOUNT OF $300,000.00 TO BE PAID FROM CHAPTER 90 FUNDS. A motion was made by Councilor King, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #12. VOTE TO SUPPORT AN APPLICATION TO MASS HIGHWAY FOR A TOWN-WIDE CATCH BASIN AND DRAINAGE RECONSTRUCTION PROJECT IN THE AMOUNT OF $50,000.00 TO BE PAID FROM CHAPTER 90 FUNDS. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #13. VOTE TO RATIFY A CONTRACT WITH 146 SUPPLY CENTER, INC., IN THE AMOUNT OF $9,938.99 FOR THE PURCHASE OF ONE UTILITY VEHICLE TO BE PAID FOR FROM THE FY 07 WATER ENTERPRISE ACCOUNT NUMBER 610.450.5830.0.8958. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. A lengthy discussion was held regarding the merits of this vehicle at this time. VOTE BY ROLL CALL. COUNCILORS IN FAVOR -- LIVENGOOD, MCDONALD. COUNCILORS OPPOSED: CHERNISKY, FERRON, KING, LANGEVIN, LAZO, MARCUCCI, AND NIKOLLA. MOTION FAILS.

AGENDA ITEM #14. COUNCILORS' FORUM

Councilor King expressed his sincere condolences for the family of the 10-year-old girl who was hit by a car and died while crossing the street the previous day.

Councilor McDonald stated he echoed these sentiments, and asked everyone to be particularly watchful of young children, and to pay particular attention around school buses.

Councilor Marcucci encouraged all Councilors to attend the upcoming Board of Health meeting on November 2nd. She stated Dr. Fuller from UMass would be there, to talk about radioactive waste at landfills.

Councilor Marcucci stated regarding the little girl who died, people needed to respect the work of those whose job it is to attend to victims like this, including ambulances that are going to the scene of an accident. She stated the curiosity factor of people hinders the work of emergency vehicles. She stated when people grabbed their kids to go see the scene of an accident it is mortifying.

Councilor Langevin stated if people saw littering downtown he hoped they would call the police, is this was ruining the work of all the hardworking volunteers.

Councilor Langevin wished everyone a safe and happy Halloween.

Councilor Livengood thanked DPW Director Clarke for his help in the cleanup day effort, as well as the two town employees that volunteered. He thanked Casella for providing safety vests, as well as Dunkin Donuts for providing coffee and donuts.

Councilor Lazo stated he is an advocate of Downtown policing. He stated he wanted a policeman walking downtown all the time, and this was usually paid for via grant money.

Councilor Lazo thanked the Town Hall/Library union for coming in and expressing their position.

Councilor Lazo wished everyone a safe and happy Halloween, and asked drivers to slow down.

AGENDA ITEM #15. Discussion of next meeting date. Councilor Ferron recommended November 6, 2006, at 7 p.m. in the Council Chambers, seconded by Councilor Lazo. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #16. Vote to enter Executive Session for the following:

• a. To discuss strategy with respect to pending litigation whereby an open meeting would have a detrimental effect on the Town's bargaining position;
• b. To investigate charges of criminal misconduct and/or filing of a criminal complaint;
• c. To discuss strategy with respect to collective bargaining;

and, to reconvene in open session for the purpose of adjournment only.

A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item. Vote by roll call. Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Motion passes, 9 to 0 in favor.

The Council meeting entered Executive Session at 8:10 p.m.

The Council meeting left Executive Session at 10:25 p.m.

Councilor Langevin made a motion to adjourn, seconded by Councilor Livengood. Vote by show of hands, all in favor.

The meeting adjourned at 10:25 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, OCTOBER 16, 2006

A meeting of the Southbridge Town Council was held on Monday, October 16, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:09 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE.

Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, KING, LANGEVIN, LAZO, LIVENGOOD, MARCUCCI, MCDONALD, AND NIKOLLA.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE FOLLOWING MINUTES:

• September 25, 2006 - 6:45 p.m. meeting. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, 8 in favor, 1 abstain (Lazo).
• September 25, 2006 - 7:00 p.m. meeting. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, 8 in favor, 1 abstain (Lazo).
• October 4, 2006 - Council of the Whole meeting. A motion was made by Councilor King, seconded by Councilor McDonald, to accept these minutes. Vote by show of hands, 6 in favor, 3 abstain (Langevin, Lazo, and Marcucci).

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor King described the meeting of 10/11/06.
• b. Department of Public Works. Councilor Lazo read the minutes of the 10/10/06 subcommittee meeting, and thanked Councilor Chernisky for taking the minutes for this meeting.
• c. Education and Human Services. Councilor Nikolla stated the meeting of 10/18/06 had been rescheduled for 10/25/06.
• d. Planning and Development. Councilor Livengood read the minutes of the 10/5/06 subcommittee meeting. He stated the next meeting was scheduled for 11/2/06.
• e. Protection of Persons and Property. Councilor Ferron stated the minutes of the 9/26/06 subcommittee meeting were available in the Town Clerk's office.
• f. Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled. Chairman Chernisky asked about getting an update to the Town Council regarding the Town Manager reviews.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated Halloween was on 10/31/06 this year, with a 5 p.m. parade starting at Mary Wells, and going down Main Street, through the rotary, and finishing at the Town Common, with Trick or Treat from 5:30 to 7 p.m.

Chairman Chernisky stated he had spoken with a citizen regarding a loophole in the Town Charter, whereby a Town Manager-appointed board member could be removed from office, but for a Town Council-appointed board member there was no recourse for removal. He stated he wanted to have a General Government Subcommittee meeting to address this issue, in the event it ever became a problem. Town Manager Carlisle stated he would be happy to address the remedy which is within the Massachusetts General Law, at a General Government Subcommittee meeting.

Chairman Chernisky stated there were going to be 7 or 8 Southbridge citizens this year who would be 100 years old or older, and if anyone from the Town Council wanted to join him in November to honor these people, to let him know.

Chairman Chernisky stated Councilors needed to let Mrs. Laporte in the Town Manager's office know about their attendance at this year's Massachusetts Municipal Association meeting in Boston.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated he was in receipt of a union complaint against Barr Construction Company, which was currently the apparent low bidder for the refurbishment of the Town's property at 185 Guelphwood Road. Mr. Carlisle stated he was in receipt of approximately 150 pages of material regarding the company, and would rather not make 9 copies of this document, and would make it available at the Town Manager's office and the library. Chairman Chernisky stated if any Councilor felt they needed a copy of their own, to ask the Town Manager.

Mr. Carlisle stated the Southbridge cleanup day was scheduled for 10/21/06, and he was looking forward to it. He stated anyone interested could contact the DPW, the Department of Economic Development, or the Town Manager's office.

Mr. Carlisle stated the curbside leaf pickup program was started, and for about the next six weeks citizens could place recyclablable bags of leaves and bundles of up to 4 inch diameter, 4 feet long logs by the curbside with their regular trash pickup, and Casella would take them away. He stated the Town's other yard waste disposal site at the Southbridge Tire facility on Dresser Hill Road continued to operate at its regular hours.

AGENDA ITEM #7. CITIZENS' FORUM

Madaline Daoust of Poplar Street stated the last day to register for the upcoming November 7 election was on October 18th, 2006, until 8 p.m. in the Town Clerk's office. Mrs. Daoust stated regarding the Bertonazzi election contest, Southbridge was in second place, at 1.09% behind Sutton. Mrs. Daoust stated the 11/7 election was the last election for this contest.

AGENDA ITEM #8. VOTE TO ACCEPT AND SIGN THE WARRANT FOR THE NOVEMBER 7, 2006 STATE ELECTION. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF HELEN I. LENTI TO THE HISTORICAL COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #10. VOTE THAT THE SOUTHBRIDGE TOWN COUNCIL HAVING VOTED ON JULY 17, 2006 TO REFER THE PROPOSED LAYOUT OF INDUSTRIAL PARK ACCESS ROAD TO THE PLANNING BOARD FOR ITS REPORT AND HAVING RECEIVED AND REVIEWED SUCH REPORT, WE DETERMINE THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE LAYING OUT OF INDUSTRIAL PARK ACCESS ROAD AS SHOWN ON THE PLANS ENTITLED "SOUTHBRIDGE INDUSTRIAL PARK ACCESS ROAD PLANS, SOUTHBRIDGE, MASSACHUSETTS, LAYOUT PLAN DRAWINGS, AUGUST, 2006," PREPARED BY TIGHE & BOND, CONSULTING ENGINEERS, WESTFIELD, MASSACHUSETTS (10 SHEETS) AND HEREBY LAY OUT INDUSTRIAL PARK ACCESS ROAD AS SHOWN ON SAID PLAN BEING LAST AMENDED AUGUST 2006 AS A PUBLIC WAY AND ALTER AND RELOCATE INDUSTRIAL PARK ACCESS ROAD AS PREVIOUSLY LAID OUT BY VOTE ON AUGUST 28, 2006. A motion was made by Councilor Livengood, seconded by Councilor King, to vote this item. Vote by roll call: Councilors in favor - Chernisky, Ferron, King, Livengood, Marcucci, McDonald, and Nikolla. Councilors abstaining - Langevin, Lazo. Motion passes.

AGENDA ITEM #11. VOTE TO AMEND THE PARKING REGULATION FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00125 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "NO PARKING" ZONE ON THE EASTERLY AND WESTERLY SIDE OF CRESCENT STREET BEGINNING AT THE INTERSECTION OF WILLIAMS STREET, THENCE NORTHERLY A DISTANCE OF 105 FEET +/- TO A POINT. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #12. VOTE TO RATIFY A CONTRACT WITH J.H. LYNCH & SONS, INC. IN THE AMOUNT OF $40,900.00 FOR PAVING OF THE DRESSER PARK MONUMENT PARKING AREA AND TO APPROVE CHANGE ORDER NO. 1 THAT WILL DECREASE THE CONTRACT BY $8,500.00 MAKING THE NEW CONTRACT PRICE $32,400.00. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #13. VOTE TO RATIFY A CONTRACT WITH THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT IN THE AMOUNT OF $600,000.00 FOR THE FY 2006 MINI-ENTITLEMENT BLOCK GRANT PROGRAM. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #14. VOTE TO RATIFY A CONTRACT WITH THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT IN THE AMOUNT OF $65,685.00 FOR THE FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT/HOUSING DEVELOPMENT SUPPORT PROGRAM. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #15. VOTE TO APPROVE THE FOLLOWING COMMUNITY DEVELOPMENT BLOCK GRANT FACADE PROJECTS: CENTRAL STREET AND BLANCHARD COURT FOR FEDELE'S RESTAURANT AND 310 MAIN STREET FOR THE CANDY BARREL. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #16. VOTE TO RATIFY A CONTRACT WITH M-H-Q MUNICIPAL VEHICLES IN THE AMOUNT OF $24,166.00 FOR THE PURCHASE OF A FIRE DEPARTMENT VEHICLE, 2007 FORD EXPLORER XLT 4x4, AND THE COST OF THIS CONTRACT TO BE PAID FROM THE FY 2005 CAPITAL BUDGET ACCOUNT NUMBER 400.0592.5830.0123.6239. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #17. VOTE TO RATIFY A CONTRACT WITH M-H-Q MUNICIPAL VEHICLES IN THE AMOUNT OF $54,134.00 FOR THE PURCHASE OF TWO POLICE DEPARTMENT VEHICLES, ONE CROWN VICTORIA - $27,623.00 TO BE PAID FROM LAW ENFORCEMENT TRUST FUND ACCOUNT NUMBER AND ONE FORD 500 $26,511.00 TO BE PAID FROM FY 2005 CAPITAL BUDGET ACCOUNT NUMBER 400.0592.5830.0123.6239. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #18. VOTE TO RATIFY THE CONTRACTS FOR WINTER SNOW PLOWING/REMOVAL FOR THE FOLLOWING:

• Leonard A. Corriveau
• All American Pools & More
• Hemlock Landscaping
• Richard R. Guerin, Jr.
• M.L. Partlow & Son, Inc.
• Frank Snyder
• Parent Landscape & Construction
• Brien DeBoise
• A. Pollone Trucking
• Pioppi Construction
• Latour and Sons Trucking Inc.
• Jason Tretheway
• Jeffrey G. Bruso Landscaping & Construction
• Jeremy MacLachlan
• Richard Pollone
• James W. Latour

A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #19. VOTE TO ACCEPT THE RECOMMENDATION OF THE TOWN MANAGER, TO BECOME EFFECTIVE IMMEDIATELY, BY AMENDING SECTION 9.3 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS AS FOLLOWS: 9.3 HOLIDAY LEAVE: THE FOLLOWING DAYS AND NO OTHERS SHALL BE RECOGNIZED AS HOLIDAYS:

A motion was made by Councilor Marcucci, seconded by Councilor McDonald, to vote this item.

Councilor Ferron addressed Agenda Items #19 through #29. He stated the Council's original intentions for discussing the Personnel Regulations was something different than what was offered tonight. He stated concerns included Council not being informed about accidents involving Town vehicles, and that if something happens the Council needs to know. Councilor Ferron stated working hours as a concern, and those whose jobs were 24/7, and those who used Town vehicles for personal use. Councilor Ferron stated he did not want to bring any of tonight's issues forward, and that these changes would bring the unions a lot more clout in future bargaining. He stated soon the Town would have more people off than are working. Councilor Ferron stated the Town had great benefits. He stated he wanted in writing when someone was working, and how to get hold of them. He stated he would vote for some of these items, but because of the way they were brought up he was voting for none of them, and urged the rest of the Council to do the same.

Councilor Lazo stated he didn't agree with some of the changes either. He stated he agreed the Council should not be touching this.

Councilor Langevin stated he would be voting mostly no, but agreed with the bereavement benefit. He stated the Town has a great administrative staff, and they are compensated well. He stated MassPort was now experiencing problems with their sick leave buyback because it is too liberal. He stated these changes would add fuel to the fire for upcoming union contracts. He stated if management wanted the half day before Christmas they should use vacation or personal time. Councilor Langevin stated with taxes going up and water and sewer rates going up, the Council had to take care of taxpayers' money.

Mr. Carlisle stated ten changes had evolved during the past discussions, and these were being brought forward. He stated these issues being brought forward addressed inequities in the Personnel Regulations against non union personnel. He stated specifically the benefit of sick leave buy back was originally intended as a buffer for those retiring with sick leave on the books and the time their pensions started paying. He stated at $50 a day the maximum benefit for sick leave buy back as a reward for a conscientious employee was $7,500. He stated accrual of sick leave protected employees against a catastrophic illness. Mr. Carlisle also stated extending benefits to the few part time permanent employees of the Town of Southbridge was being asked to make things equitable.

Councilor Ferron stated he agreed with the sick leave accrual, and was glad more money was going for training. He stated a lot of things he didn't have a problem with, and some things he did, which he had already addressed.

Chairman Chernisky stated the Council had to decide how best to protect the citizens of Southbridge, and balance the costs of benefits against the services being provided. He stated the Council had to determine a just compensation for the work being provided. He stated he felt the current compensation for Town employees was extremely fair.

Councilor McDonald asked if any of this language was contained in any of the union contracts. Mr. Carlisle stated each contract was different and he wasn't currently sure of the particulars. Councilor McDonald stated the Town did have to rein in runaway costs and employee benefits.

AGENDA ITEM #19. Vote by roll call. Councilors in favor - Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - Chernisky, Ferron, King, Langevin, and Lazo. Motion fails.

AGENDA ITEM #20. VOTE TO ACCEPT THE RECOMMENDATION OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY AMENDING SECTION 9.3.1 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS AS FOLLOWS: 9.3.1 compensation: Every full time and part-time employees shall be entitled to the above designated holidays on the following terms: (No change to terms). A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item.

Chairman Chernisky stated he was offended on behalf of the citizens of Southbridge for this piece. He stated nowhere do part-time employees receive this type of benefit. Mr. Carlisle stated in his experience he respectfully disagreed with this. Further discussion was held.

AGENDA ITEM #20. Vote by roll call. Councilors in favor - Ferron, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - Chernisky, King, Langevin, and Lazo. Motion passes.

AGENDA ITEM #21. VOTE TO ACCEPT THE RECOMMENDATIONS OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY AMENDING SECTION 9.4 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS AS FOLLOWS: 9.4 Vacation Leave: All permanent full-time and part time employees subject to this plan shall be granted vacation with pay on the following terms (no change to terms). A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by roll call. Councilors in favor - Ferron, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - Chernisky, King, Langevin, and Lazo. Motion passes.

AGENDA ITEM #22. VOTE TO ACCEPT THE RECOMMENDATIONS OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY AMENDING SECTION 9.4.3 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS AS FOLLOWS: 9.4.3 Vacation allowances shall not accumulate from year to year except with written permission of the Town Manager. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by roll call. Councilors in favor - Chernisky, Ferron, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - King, Langevin, and Lazo. Motion passes.

AGENDA ITEM #23. VOTE TO ACCEPT THE RECOMMENDATION OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY AMENDING SECTION 9.4.6 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS AS FOLLOWS: 9.4.6 Vacation allowances shall be earned at the following rate:

If an employee reaches an employment anniversary date in which there is an increase in vacation leave during a vacation year, that employee shall be entitled to receive the additional vacation allotment for that vacation year. (Example - employment anniversary date April 3, 1998, on April 3, 2003 the employee will have completed 5 years of service and is therefore entitled to 3 weeks vacation effective April 3, 2003). A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by roll call. Councilors in favor - King, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - Chernisky, Ferron, Langevin, and Lazo. Motion passes.

AGENDA ITEM #24. VOTE TO ACCEPT THE RECOMMENDATION OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY ADDING SECTION 9.5.0 TO THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS BY ADDING AS FOLLOWS: Section 9.5.0 To enable any current employee in the Schedule 1 Classification Plan the opportunity to request that their earned and not posted sick leave be recomputed and posted to their account balance for the period January 1, 2004 to December 31, 2006 such computation to be verified by the Town Treasurer and approved by the Town Manager. The request for recomputed sick leave accumulation must be received by October 31, 2006. A motion was made by Councilor King, seconded by Councilor Ferron, to vote this item. Councilor King asked if someone with an excessive amount of sick leave could just not come to work as they approached retirement, and Mr. Carlisle stated if was apparent someone was milking the system then action would be taken. Vote by roll call. Councilors in favor - Livengood. Councilors opposed - Chernisky, Ferron, King, Langevin, Lazo, Marcucci, McDonald, and Nikolla. Motion fails.

AGENDA ITEM #25. VOTE TO ACCEPT THE RECOMMENDATION OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY AMENDING SECTION 9.5.1 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS AS FOLLOWS: 9.5.1 ("Maximum" to be removed) Accumulation of Sick Leave: An employee may accumulate the unused portion of sick leave (granted under Section 9.5) ["up to a maximum of one hundred fifty (150) days" to be removed]. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Councilor Langevin asked about the availability of town-funded short and long term disability for employees, and Mr. Carlisle said there was none. Vote by roll call. Councilors in favor - Ferron, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - Chernisky, King, Langevin, and Lazo. Motion passes.

AGENDA ITEM #26. VOTE TO ACCEPT THE RECOMMENDATION OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY AMENDING SECTION 9.6.2 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS AS FOLLOWS: 9.6.2 Personal Leave: Employees may take up to five (5) days of personal leave, such days to be charged to sick leave, at the discretion of the Department Head. Application for personal leave should be made at least twenty-four (24) hours before taking such leave (except in case of emergency). A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Councilor Livengood asked if this came of sick pay, with no additional leave, and Mr. Carlisle said yes. Vote by roll call. Councilors in favor - Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - Chernisky, Ferron, King, Langevin, and Lazo. Motion fails.

AGENDA ITEM #27. VOTE TO ACCEPT THE RECOMMENDATION OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY AMENDING SECTION 9.7.1 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS AS FOLLOWS: 9.7.1 Death In Immediate Family: Upon the request of an employee upon the death of such employee's spouse, father, mother, child, foster child, brother, sister, step-child or step-parent, the Manager may grant emergency leave of up to one (1) week meaning five (5) working days, immediately following such death without loss of pay. A motion was made by Councilor King, seconded by Councilor Langevin, to vote this item. Vote by roll call. Councilors in favor - King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - Chernisky, Ferron, and Lazo. Motion passes.

AGENDA ITEM #28. VOTE TO ACCEPT THE RECOMMENDATION OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY AMENDING SECTION 9.7.2 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS AS FOLLOWS: 9.7.2 Death in Family: The Manager may grant, upon the request of an employee, up to three (3) working days emergency leave without loss of pay immediately following the death of such employee's father-in-law, mother-in-law, grandparent, grandchild, sister-in-law or brother-in-law. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by roll call. Councilors in favor - King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - Chernisky, Ferron, and Lazo. Motion passes.

AGENDA ITEM #29. VOTE TO ACCEPT THE RECOMMENDATION OF THE TOWN MANAGER, TO BECOME EFFECTIVE DECEMBER 31, 2006, BY AMENDING CHAPTER 14 OF THE TOWN OF SOUTHBRIDGE REVISED PERSONNEL REGULATIONS BY ADDING SECTION 14.0 EDUCATIONAL BENEFIT: The Town agrees to reimburse the cost of tuition, per employee, per year up to a maximum of $900, so long as the course is part of an established course related to their job description and the employee achieves a passing grade of C or better. The reimbursement shall include the cost of tuition only. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Councilor Livengood said better trained employees meant better services. Vote by roll call. Councilors in favor - Chernisky, Ferron, King, Langevin, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed - Lazo. Motion passes.

AGENDA ITEM #30. VOTE TO INCREASE THE FY 2007 IN-SERVICE TRAINING ACCOUNT BY RAISING AND APPROPRIATING AN ADDITIONAL $1,000.00 TO BRING THE TOTAL ACCOUNT BALANCE FOR FY 2007 TO $4,000.00 TO COVER THE EDUCATIONAL BENEFIT. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #31. COUNCILORS' FORUM

Councilor Marcucci questioned the Town Manager about the number of trucks going up Pleasant Street, and whether the town would be wasting its money repairing Pleasant Street. Mr. Carlisle stated the Town was looking at about a year and a half to two years before the access road from Worcester Street would be ready. Mr. Carlisle described the $80,000 expenditure as a stopgap measure to help Pleasant Street in the meantime.

Councilor Marcucci asked if there was a cap on tonnage, and Mr. Carlisle stated there was, but there was no cap on the number of trucks. Chairman Chernisky stated with the number and frequency of trucks on Pleasant Street and the number of school buses present there, the town could not drag its feet on the construction of the access road.

Councilor Livengood stated he had been at a recent school meeting and was pleased with the number of John and Abigail Adams Scholarship recipients from the town.

Councilor King thanked the Southbridge Evening News for publishing a recent Sound Off on the positive things in town. He also stated the author should name himself.

Councilor Ferron said he had received a call from a citizen who had seen the meeting with Casella, and this person wanted time controls on the trucks going to the landfill and on the tonnage.

Councilor Ferron stated he was sorry if he offended anyone by saying a bad word in a public building a week ago Tuesday.

AGENDA ITEM #32. DISCUSSION OF NEXT MEETING DATE. Councilor Ferron recommended 10/30/06 as the next meeting date, seconded by Councilor Langevin. Vote by show of hands, 9 to 0 in favor.

A motion was made to adjourn by Councilor King, seconded by Councilor Lazo. Vote by show of hands, 9 to 0 in favor. The meeting adjourned at 8:32 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, OCTOBER 4, 2006

A Council of the Whole meeting of the Southbridge Town Council was held on Wednesday, October 4, 2006, in the Robert MacKinnon Council Chambers.

AGENDA ITEM #1. Chairman will call the meeting to order.

Chairman Chernisky called the meeting to order at 7:05 p.m.

AGENDA ITEM #2. Roll call. Councilors present: Chernisky, Ferron, King, Livengood, McDonald, and Nikolla. Councilors excused: Langevin, Marcucci. Councilors absent: Lazo.

AGENDA ITEM #3. Town Manager and Town Counsel, Attorney John Giorgio - presentation of negotiation process with Casella and the Town of Southbridge.

Attorney John Giorgio of the Town's law firm Kopelman and Paige stated there had been many meetings with Casella regarding updating the current contract, and the number of options had been reduced to three. Attorney Giorgio stated Bruce Haskell of Camp, Dresser, and McKee had provided a net present value of each option (see attached). Attorney Giorgio stated the negotiation had reached the point where a presentation to the approval authority, the Southbridge Town Council, had become appropriate.

AGENDA ITEM #4. Mr. James W. Bohlig, President and Chief Operating Officer of Casella Waste Services will present several program opportunities for the Town of Southbridge.

Mr. Bohlig stated the site of the Town's landfill presented a unique opportunity for the Town, because of the conjunction with the Town's proposed industrial park. Mr. Bohlig stated the 700 acre industrial park was an asset the Town had which Casella could be instrumental in helping develop.

Mr. Bohlig described how when Casella purchased the landfill operation from Wood Recycling, there were 63 environmental violations, all of which have been referred to the State's Attorney General. Mr. Bohlig described the EPA imposed administrative consent order (ACO), which had imposed conditions on the Town and the landfill operator for continued operation. Mr. Bohlig stated all of the requirements of the ACO had been met except bringing electricity to the site, and this was in progress. Mr. Bohlig said when Casella took over the operation of the landfill there was 50 tons of waste at the site which had been dealt with. Mr. Bohlig stated when Casella became the operator there were issues with the surrounding wetlands, of which 6 acres of wetlands had been disturbed with the accumulation of silt. Mr. Bohlig described the $10.7 million already spent by Casella to make the landfill site compliant with state and federal law, and this was all a part of Casella's desire to earn the Town's trust.

Mr. Bohlig stated the old agreement was a very poorly structured agreement, and did not represent a good balance between the two parties. Mr. Bohlig said Casella wanted to simplify and improve the stream of benefits for the Town associated with the landfill operation. Mr. Bohlig said Casella wanted to eliminate all the Town's responsibility for closure and post closure. Mr. Bohlig stated one intent was to release the Town of the responsibility of having a Landfill Enterprise Fund. Mr. Bohlig stated a new agreement would also eliminate the Town's liability associated with the landfill Financial Assurance Mechanism (FAM) requirements.

Mr. Bohlig stated he was happy the engineering firm CDM was involved, to verify and clarify the figures in any new deal.

Mr. Bohlig stated there were two new levels of agreement which the Town could enter into. Under the first scenario called contract effective date, the Town would realize additional benefits in exchange for the landfill operator accepting the same amount of tonnage per year, but a higher percentage of municipal solid waste (MSW). Under the second new level of agreement, the Town would receive an even greater benefit from Casella by allowing Casella to reduce the capacity of the processing facility and reallocate this to the landfill. According to Mr. Bohlig, this level of agreement would move the Town away from accepting Construction Debris and would increase the levels of MSW the Town would accept.

Mr. Bohlig described some of the Town's benefits for each of the two new levels of agreement. With the contract effective date option, the Town would be able to release all funding within the Landfill Enterprise Account, which is about $4.5 million. Also, Casella would construct Phase 1 of the access road, which is the portion going from Worcester Street to the site of the landfill, at a cost not to exceed $5.7 million. Mr. Bohlig stated this part of the agreement would entail the Town putting up $1.5 million of the $4.5 million benefit from the Landfill Enterprise Fund, and Casella would be responsible for paying any bonding at a rate of $347,000 a year for the next 20 years, for construction of Phase 1 of the access road. Mr. Bohlig stated this level of agreement would also call for Casella to accept all past and future life of landfill closure and post closure liabilities, which CDM has estimated to be around $13 million. Mr. Bohlig stated this level of agreement would provide the Town with $1 million a year for the next 20 years of operation of the landfill, with monetary escalators in place to offset inflation, and the plan would provide for 20 more years of curbside trash pickup, and it would pay for the next 20 years of a landfill monitor hired by the Town to watch the landfill, at a payment rate of $75,000 per year from Casella.

Mr. Bohlig stated there were benefits for the Town to accept more MSW and less construction debris, specifically that construction debris when decomposing releases hydrogen sulfide gas, which unlike the methane released by MSW, has no renewable energy benefit associated with it, and the odor is far greater. Mr. Bohlig stated changing the focus of the landfill operation from construction debris to MSW would create a more sustainable operation.

Mr. Bohlig stated regarding the enhanced level of agreement, the Town would receive additional benefits. These included a yearly payment of $471,000 for the next 20 years of operation at the landfill, to construct Phase 1 and Phase 2 of the access road, which would service the entire industrial park. Also, for any tonnage over the current 180,960 tons a year allowed with the current contract, the Town could realize an additional $1.2 million a year in revenue, depending on the amount of MSW. Mr. Bohlig stated with this level of agreement the reimbursement for the landfill monitor would grow from $75,000 to $100,000. Mr. Bohlig stated with this level of agreement there would be a one time reimbursement fee of $200,000 to the Town, and also a yearly payment to the Town of $150,000 as an annual gas energy payment for the methane created, which Casella would be charged with converting to a secondary use. Mr. Bohlig stated Casella was also interested in creating a hydroponics greenhouse environment at the landfill to offer a use for this methane.

Mr. Bohlig also spoke about the implementation of RecycleBank, which is a program that would give every resident of Southbridge a 64 gallon bin for bringing their recycling to the curb, with a unique bar code for each resident, and based on the weight of recyclable material, each resident would receive up to $30 or $40 a month in benefits that include such things as free goods at places like Home Depot, and a large number of local vendors. Mr. Bohlig stated the successful implementation of this program would not only benefit local residents, but would greatly reduce the amount of MSW going into the landfill.

Mr. Bohlig stated the benefits Casella is offering equal about $108,000,000 to the Town of Southbridge over the next 20 years, in money and value of services. Mr. Bohlig said Casella has about 15 acres of their own land at the site, with which Casella wanted to use for landfill operations and of which Casella was willing to pay the same described benefit to the Town as if it were Town-owned land. Mr. Bohlig stated with the above enhanced agreement the Town would realize about a 16 or 17% benefit from the gross tonnage of everything going into the landfill.

A copy of the Casella presentation is attached.

AGENDA ITEM #5. Vote to enter Executive Session to consider negotiations in regard to the exchange, taking, lease, or value of real property. A motion was made by Councilor Livengood, seconded by Councilor Ferron, to enter into executive session. Councilors in favor: Chernisky, Ferron, King, Livengood, McDonald, and Nikolla.

The Council entered into Executive Session at 7:57 p.m. The Council came back to open meeting at 9:32 p.m.

A motion was made by adjourn the meeting by Councilor Livengood, seconded by Councilor Nikolla. Vote by show of hands, all in favor. The meeting adjourned at 9:34 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, SEPTEMBER 25, 2006

A meeting of the Southbridge Town Council was held on Monday, September 25, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:05 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, KING, LANGEVIN, LAZO, LIVENGOOD, MARCUCCI, MCDONALD, AND NIKOLLA.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES FOR THE SEPTEMBER 13, 2006 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor King read the minutes of the 9/20/06 meeting.
• b. Department of Public Works. Councilor Lazo read the minutes of the 9/14/06 meeting.
• c. Education and Human Services. Councilor Nikolla stated she had no minutes to read and no meeting was scheduled.
• d. Planning and Development. Councilor Livengood said there was a meeting scheduled for 10/5/06, at 7 p.m. in the Rice Conference Room.
• e. Protection of Persons and Property. Councilor Ferron stated there was a meeting scheduled for 9/26/06 at 7 p.m. in the Rice Conference Room.
• f. Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky thanked everyone who came out to vote in the primary, stating there were 3,700 voters compared to 1,500 voters in the last primary.

Chairman Chernisky thanked everyone who supported him in the recent election.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Mr. Carlisle stated there would be a Southbridge Cleanup Day on October 24, 2006, with the focus of the cleanup on the West Main Street and the Central Street bridges, with George Parent and David Livengood spearheading this effort. Mr. Carlisle stated gloves and paint would be provided by the DPW, and anyone who wanted to help could call the DPW or the Office of Community Development for more information.

Mr. Carlisle stated the Economic Development Director had received two notes from the families which had relocated for a time to Southbridge, from the aftermath of Hurricane Katrina. In the notes the families thanked among others Valerie Pontrbriand, and Jim and Donna Philbrook, for all their generosity.

Mr. Carlisle presented the FY07 budget plan regarding new vehicles for the Police and Fire Departments, as well as the DPW, and stated he wanted this request to go to subcommittees for approval. Mr. Carlisle stated he had attached a vehicle rotation plan for the Police Department, with the respective vehicle purchase orders.

AGENDA ITEM #7. CITIZENS FORUM No citizens wished to speak.

AGENDA ITEM #8. VOTE THAT THE TOWN COUNCIL HEREBY ADOPT THE CODIFICATION OF THE BY-LAWS OF THE TOWN OF SOUTHBRIDGE AS PREPARED AND PRESENTED BY THE BY-LAW REVIEW COMMITTEE IN A DOCUMENT ENTITLED "A CODE OF BY-LAWS FOR THE TOWN OF SOUTHBRIDGE COMMONWEALTH OF MASSACHUSETTS FINAL REPORT OF THE BY-LAW REVIEW COMMITTEE" UNANIMOUSLY ADOPTED AS THE REPORT OF THE COMMITTEE AT A MEETING HELD ON AUGUST 23, 2006, WHICH DOCUMENT IS ON FILE IN THE OFFICE OF THE TOWN CLERK, SAID CODIFICATION CONSISTING OF, AMONG OTHER THINGS, THE RENUMBERING, RECAPTIONING AND REPOSITIONING OF THE PRESENT BY-LAWS [AS FURTHER DESCRIBED IN A DOCUMENT ENTITLED, "TOWN OF SOUTHBRIDGE BY-LAW REVIEW COMMITTEE FINAL REPORT AUGUST 29, 2006, WHICH DOCUMENT IS ALSO ON FILE IN THE OFFICE OF THE TOWN CLERK]. SUCH CODIFICATION OF THE BY-LAWS SHALL BE KNOWN AS THE "CODE OF BY-LAWS FOR THE TOWN OF SOUTHBRIDGE." ALL BY-LAWS PREVIOUSLY ADOPTED AND NOT CONTINUED IN SAID RECODIFICATION ARE HEREBY DECLARED TO BE AND ARE HEREBY REPEALED.

Third - Final Reading

Chairman Chernisky read this item. A motion was made by Councilor Ferron, seconded by Councilor King, to accept this final reading.

Mr. Ramirez of the By-Law Review Committee thanked Ron Daoust, Karen Loin, Karen Pickarski, Dan Charette, Larry Spinelli, and consultant Mike Curran for their help in completing this document.

Mr. Carlisle suggested that the vote on this item have an effective date in the future chosen as an interim target for accepting the entire document, with the exception of Section 7-506, the overnight camping by-law section, which should be effective immediately.

A motion was made to order that the new by-law go into final effect on 11/15/06, with the exception of Section 7-506, regarding overnight camping in the Town of Southbridge, which is effective immediately, motion made by Councilor McDonald, seconded by Councilor Marcucci. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #8 (as amended above). Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla, 9 to 0 unanimous in favor.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF MAUREEN E. DOYLE TO THE TRAIL COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #10. VOTE TO AMEND THE VOTE TAKEN ON SEPTEMBER 12, 2005 AGENDA ITEM No. 15 TO READ AS FOLLOWS:

Vote that $8,974,300.00 is appropriated for the purpose of financing the construction of the Wastewater Treatment Facility upgrade including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as most recently amended by St. 1998, c. 78; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $8,974,300.00 and issue bonds or notes therefore under (Chapter 44 of the General Laws or insert reference to other applicable general or special law governing the issuance of local bonds) and/or Chapter 29C of the General Laws, as most recently amended by St. 1998, c.78; that such bonds or notes shall be general obligations of the Town unless the Treasurer with the approval of the Town Manager is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C, as most recently amended by St. 1998, c.78; and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the (Board of Selection, Board of Public Works or other appropriate local body or official) is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project.

(2/3 vote required)

A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Ferron. Motion passes.

AGENDA ITEM #11. VOTE TO RATIFY CHANGE ORDER NO. 1 IN THE AMOUNT OF $3,600.00 TO THE CONTRACT WITH PALMER PAVING CORPORATION FOR ADDITIONAL WORK ON THE ARMORY PAVING PROJECT. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

A discussion was held regarding Agenda Items #12 through #22. Councilor Marcucci stated it was proper protocol to get a recommendation from Subcommittee. Councilor McDonald made a motion to send Agenda Items #12 through #22 back to subcommittee for discussion, seconded by Councilor Livengood. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #23. VOTE TO INCREASE THE FY 2007 IN-SERVICE TRAINING ACCOUNT BY RAISING AND APPROPRIATING AN ADDITIONAL $1,000.00 TO BRING THE TOTAL ACCOUNT BALANCE FOR FY 2007 TO $4,000.00 TO COVER THE EDUCATIONAL BENEFIT. Councilor Livengood made a motion to pass over this item and refer it to subcommittee, seconded by Councilor Marcucci. Vote by show of hands to refer this to subcommittee, 9 to 0 unanimous in favor.

AGENDA ITEM #24. COUNCILORS' FORUM

Councilor Lazo asked the Town Clerk about the status of former Senator Lou Bertonazzi's competition for generating the highest percentage of voter turnout, and the Town Clerk gave an update.

Councilor Lazo wished Lorraine Urbanski, former editor at the Southbridge Evening News, the best of luck in her new endeavors.

Councilor King stated the Cady Brook toward Randolph Street was overloaded with trash and overgrown, and he requested that the Town Manager have this addressed.

Councilor Livengood stated he had attended a Southbridge High School Honors Class on 9/18/06, and he hoped some of the young people who attended this discussion on government would one day be involved with government in some way.

Councilor Ferron stated the Council had given one significant raise in the Schedule 1, and also the position of IT Manager was added as a stipend into one of the jobs. Councilor Ferron stated the Council was against this stipend in the prior year's budget. He stated as far as he knew, no one had changed their mind about this. Councilor Ferron stated two items slid through, one the Council knew about, and one they did not. Councilor Ferron stated because of this he wanted to establish some type of policy against voting anything at a Council meeting when the paperwork is received during that meeting, and when paperwork is received it should be highlighted on the area that is to be discussed that evening. Councilor Ferron stated he would rather not get any new information on the night something is voted. Chairman Chernisky stated the appropriate forum to discuss this would be in General Government, with an adjustment to Council Rules and Regulations.

AGENDA ITEM #25. Discussion of next meeting date. Councilor Ferron recommended 10/16/06, seconded by Councilor Langevin. Vote by show of hands, 9 to 0 in favor.

Councilor Langevin made a motion to adjourn, seconded by Councilor Lazo. Vote by show of hands, 9 to 0 in favor. The meeting adjourned at 7:55 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, SEPTEMBER 25, 2006

A meeting of the Southbridge Town Council was held on Monday, September 25, 2006, in the Robert MacKinnon Council Chambers. Chairman Ferron called the meeting to order at 6:52 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Ferron led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: FERRON, KING, LANGEVIN, LIVENGOOD, MCDONALD, AND NIKOLLA. COUNCILORS ABSENT: CHERNISKY, LAZO, MARCUCCI.

AGENDA ITEM #3. CHAIRMAN'S ANNOUNCEMENTS. Vice Chairman Ferron had no announcements.

AGENDA ITEM #4. TOWN MANAGER ANNOUNCEMENTS. Town Manager Carlisle had no announcements.

AGENDA ITEM #5. CITIZENS' FORUM. No citizens wished to speak.

Chairman Chernisky and Councilor Marcucci arrived at the meeting at 6:54 p.m.

AGENDA ITEM #6. VOTE THAT THE TOWN COUNCIL HEREBY ADOPT THE CODIFICATION OF THE BY-LAWS OF THE TOWN OF SOUTHBRIDGE AS PREPARED AND PRESENTED BY THE BY-LAW REVIEW COMMITTEE IN A DOCUMENT ENTITLED "A CODE OF BY-LAWS FOR THE TOWN OF SOUTHBRIDGE COMMONWEALTH OF MASSACHUSETTS FINAL REPORT OF THE BY-LAW REVIEW COMMITTEE" UNANIMOUSLY ADOPTED AS THE REPORT OF THE COMMITTEE AT A MEETING HELD ON AUGUST 23, 2006, WHICH DOUMENT IS ON FILE IN THE OFFICE OF THE TOWN CLERK, SAID CODIFICATION CONSISTING OF, AMONG OTHER THINGS, THE RENUMBERING, RECAPTIONING AND REPOSITIONING OF THE PRESENT BY-LAWS [AS FURTHER DESCRIBED IN A DOCUMENT ENTITLED, "TOWN OF SOUTHBRIDGE BY-LAW REVIEW COMMITTEE FINAL REPORT AUGUST 29, 2006, WHICH DOCUMENT IS ALSO ON FILE IN THE OFFICEOF THE TOWN CLERK]. SUCH CODIFICATION OF THE BY-LAWS SHALL BE KNOWN AS THE "CODE OF BY-LAWS FOR THE TOWN OF SOUTHBRIDGE." ALL BY-LAWS PREVIOUSLY ADOPTED AND NOT CONTINUED IN SAID RECODIFICATION ARE HEREBY DECLARED TO BE AND ARE HEREBY REPEALED.

Second reading

A motion was made by Councilor McDonald, seconded by Councilor King, to accept this second reading.

Mr. Carlisle stated the Town's attorney, Lauren Goldberg of Kopelman and Paige, had identified a number of issues with the proposed new bylaws. Mr. Carlisle stated he told the attorney it was the Town's intent to proceed with this, and that he had asked her to confirm and identify her concerns in a letter (see attached). Mr. Carlisle stated the Council should approve the second and third readings of this new bylaw, and set a distant effective date of 11/15/06 to work out the concerns of the attorney, except to make Section 7, Chapter 5.06 regarding the camping overnight bylaw effective after the third reading.

AGENDA ITEM #6. Vote to accept the second reading as above. Vote by show of hands, 8 to 0 in favor.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor King. Vote by show of hands, 8 to 0 in favor. The meeting adjourned at 7:01 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, SEPTEMBER 13, 2006

A meeting of the Southbridge Town Council was held on Wednesday, September 13, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:06 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, KING, LANGEVIN, LAZO, LIVENGOOD, MARCUCCI, MCDONALD, AND NIKOLLA.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES FOR THE AUGUST 28, 2006 MEETING. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to accept these minutes. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor King read the minutes of the General Government Subcommittee meeting of September 6, 2006. Chairman Chernisky stated the following corrections to the minutes:
  • 1) He was present at the meeting.
  • 2) The final motion made regarding discussion of Schedule 1 should read as follows: to recommend in principle an increase in non-union wages of 2.25% for FY07 and 2.25% for FY08, upon agreement in General Government Subcommittee on any changes in the Town's personnel bylaws.

Councilor King corrected the minutes to reflect that Councilor Marcucci was excused from the meeting.

• b. Department of Public Works. Councilor Lazo stated there would be a meeting of the DPW Subcommittee on September 14, 2006, at 7 p.m. in the Rice Conference Room.
• c. Education and Human Services. Councilor Nikolla stated she had no minutes to read and no meeting was scheduled.
• d. Planning and Development. Councilor Livengood described the September 7, 2006 meeting of the Planning and Development Subcommittee. He spoke about setting up a volunteer effort to clean the entrance roads to Town. He stated the next meeting of the Planning and Development Subcommittee was scheduled for October 5, at 7 p.m. in the Rice Conference Room.
• e. Protection of Persons and Property. Councilor Ferron read the minutes of the August 28, 2006 Planning and Development Subcommittee meeting.
• f. Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated in the packet there was a letter from Southbridge Community Connections, looking for nominees for the 2006 Humanitarian Award for a member of the community.

Chairman Chernisky stated the Central Massachusetts Regional Planning Commission had sent a letter, and was looking for someone to serve on the regional planning task force.

Chairman Chernisky stated the Massachusetts Municipal Association had sent out action alerts, that Verizon was trying to enter the cable market and wanted to change the rules of franchising for cable providers. Chairman Chernisky stated the MMA had sent a sample letter to the Town, and he wanted Council's opinion on whether or not to send it on behalf of the Town. Mr. Carlisle stated discussion of a second and third cable franchise for the Town had been going on for about a year, and the rules for instituting these franchises had been left to the individual states. Mr. Carlisle stated the Town should send a letter stating we are apprehensive and do not wish to proceed. Mr. Carlisle stated this consideration needed to be reviewed by the Town's Cable Advisory Committee, as well as the Town's attorneys, and then return to Council with an update and recommendations.

Chairman Chernisky stated he wanted a list with everyone's e-mail address, so that information could be distributed more quickly. He stated he wanted everyone to write down the e-mail address at the end of the meeting, in order to give this to the Town Manager to compile a list to give to all Councilors.

Chairman Chernisky stated the Bay State Roads Program was having training in public works, and he would submit this to the Town Manager to see if it is in the Town's interest.

Chairman Chernisky stated the next coming Tuesday was the State Primary, and he encouraged everyone to come out and vote.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the Big E in West Springfield was beginning on 9/15/06 and running until 10/1/06, and he encouraged anyone who had never been to attend this regional event.

Mr. Carlisle stated the Charlton Board of Selectmen and the Water Commission had approved the contract for water, and were working on signing it. Mr. Carlisle stated in one year both Southbridge and Charlton would have to be working on new EPA standards for water purity, and both communities would be working toward that.

Mr. Carlisle stated the next hazardous waste collection day was being held on September 30, 2006, from 9 a.m. to 1 p.m., at the Town's landfill.

Mr. Carlisle stated after the last General Government Subcommittee meeting several department heads in the Town had come up with a new proposal for a wage increase in Schedule 1. Mr. Carlisle referred to a written handout (see attached). Mr. Carlisle asked that management raises be put back on the agenda.

Mr. Carlisle stated he was now again providing Council with a detailed spread sheet of the Schedule 1 and Schedule 5, pertaining to wages and other benefits for Town employees. Mr. Carlisle stated he didn't feel the wages for non-union employees should be held back until the language of the Personnel Regulations was addressed. Mr. Carlisle referred to a list of issues he felt worthy of consideration for change, and stated he would be sending this to Councilor King for discussion at General Government Subcommittee.

AGENDA ITEM #7. CITIZENS' FORUM

Town Clerk Madaline Daoust stated for the upcoming election, Precinct #3 would now be voting at the Town's Armory instead of Charlton Street School. Mrs. Daoust referred to the recent contest established by former State Senator Louis Bertonazzi, which awards the community in his former district that gets the highest percentage of registered voters to the polls. Mrs. Daoust stated at this time Southbridge was in second place, behind Sutton and ahead of Mendon. Mrs. Daoust encouraged every registered voter to exercise their constitutional right to come and vote.

AGENDA ITEM #8. VOTE TO RATIFY THE M.O.A. WITH THE SOUTHBRIDGE DPW UNIT EMPLOYEES SIEU LOCAL 888 TO PROVIDE FOR A 2% INCREASE EFFECTIVE JULY 1, 2006 FOR A TOTAL COST OF $14,810.00 TO BE FUNDED THROUGH THE CURRENT DPW OPERATIONS FY 2007 BUDGET. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Councilor Langevin asked why this had not gone to the DPW Subcommittee, and Mr. Carlisle stated the material had been sent to the Council, and this was consistent with the 2% bargaining sideline. Councilor Langevin stated in the future it should go to subcommittee. Councilor Marcucci stated she was abstaining from this vote because she had a family member employed by the DPW. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, KING, LANGEVIN, LAZO, LIVENGOOD, MCDONALD, AND NIKOLLA. COUNCILORS ABSTAINING: FERRON, MARCUCCI. MOTION PASSES.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF PETER RAMIREZ AS A MEMBER OF THE BOARD OF REGISTRARS FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009.

Chairman Chernisky asked for a motion to pass over AGENDA ITEM #9, and a motion as such was made by Councilor Lazo, seconded by Councilor Langevin. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #10. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF KAREN HARNOIS AS TOWN ACCOUNTANT/FINANCE DIRECTOR FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JANUARY 6, 2010. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 8 in favor, 1 abstention (Ferron).

AGENDA ITEM #11. VOTE THAT THE TOWN COUNCIL HEREBY ADOPT THE CODIFICATION OF THE BY-LAWS OF THE TOWN OF SOUTHBRIDGE AS PREPARED AND PRESENTED BY THE BY-LAW REVIEW COMMITTEE IN A DOCUMENT ENTITLED "A CODE OF BY-LAWS FOR THE TOWN OF SOUTHBRIDGE COMMONWEALTH OF MASSACHUSETTS FINAL REPORT OF THE BY-LAW REVIEW COMMITTEE" UNANIMOUSLY ADOPTED AS THE REPORT OF THE COMMITTEE AT A MEETING HELD ON AUGUST 23, 2006, WHICH DOCUMENT IS ON FILE IN THE OFFICE OF THE TOWN CLERK, SAID CODIFICATION CONSISTING OF, AMONG OTHER THINGS, THE RENUMBERING, RECAPTIONING, AND REPOSITIONING OF THE PRESENT BY-LAWS (AS FURTHER DESCRIBED IN A DOCUMENT ENTITLED, "TOWN OF SOUTHBRIDGE BY-LAW REVIEW COMMITTEE FINAL REPORT AUGUST 29, 2006, WHICH DOCUMENT IS ALSO ON FILE IN THE OFFICE OF THE TOWN CLERK). SUCH CODIFICATION OF THE BY-LAWS SHALL BE KNOWN AS THE "CODE OF BY-LAWS FOR THE TOWN OF SOUTHBRIDGE." ALL BY-LAWS PREVIOUSLY ADOPTED AND NOT CONTINUED IN SAID RECODIFICATION ARE HEREBY DECLARED TO BE AND ARE HEREBY REPEALED.

Chairman Chernisky stated he needed a motion to accept this first reading of this Agenda Item. Councilor Langevin made a motion to accept this first reading of Agenda Item, seconded by Councilor Lazo. Vote by roll call. Councilors in favor: Chernisky, King, Langevin, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors abstaining: Ferron. Motion to accept the first reading passes.

AGENDA ITEM #12. VOTE TO APPROVE THE FOLLOWING COMMUNITY DEVELOPMENT BLOCK GRANT FACADE PROJECTS: JOSE LUIS TORRES, BARBER, 23 HAMILTON STREET; PARTY FOR A FEW DOLLARS & MORE, 40 HAMILTON STREET; AND MINERVA'S PARTY FAVORS, 21 HAMILTON STREET. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #13. COUNCILORS' FORUM

Councilor Lazo stated he was disturbed by the information given by the Town Manager. Chairman Chernisky stated when a subcommittee tables an item it remains tabled, unless there is a three signature letter. Councilor Lazo produced a letter, and Chairman Chernisky stated it was required this be put on an upcoming meeting.

Councilor King stated he was 2 1/2 months into something he really felt strongly about, and tonight he was disappointed. He stated he intended to try to do the right things for the Town of Southbridge. Councilor King stated he was embarrassed by the way things had gone tonight, and he wanted the games to stop. He stated he valued the Town's employees.

Councilor McDonald stated he agreed with Councilor King, and he was disappointed in what was happening. He stated he was prepared to support any proposal that could be produced.

Councilor Marcucci congratulated the firefighters who were now participating in the paramedic training program, who were Gary Peck, Scott Peck, Steve Mathieu, Mark Difronzo, Joe Hulyk, and Steve Lavoie.

Councilor Marcucci stated she was disappointed to learn the 9/11 memorial service had been canceled, due to the inability to bring together enough people to provide a suitable service.

Councilor Nikolla stated she was also disappointed by the lack of a memorial service.

Councilor Nikolla stated she was disappointed by the outcome of the General Government Subcommittee meeting the previous week. She stated it was time to move past this issue, and she made a motion to suspend the rules and add an agenda item, seconded by Councilor Lazo.

Councilor Marcucci stated she had missed too much of the discussion in prior subcommittee to know what was happening. She stated she supported pay increases for department heads, but she needed to do her homework. Councilor Marcucci stated it sounded like there were lots of issues going on, and she wanted a General Government Subcommittee meeting to discuss all of these things to get some answers. Councilor Langevin stated he didn't have a problem with the raise, but he did have a problem with the language in the contract that doesn't make sense. Councilor Langevin stated the department heads would be getting perks that were negotiated in union contract negotiations, and this wasn't right. He stated an example was the clothing allowance, and if 9 people were getting this, then why not the other department heads that needed to wear professional clothing. He stated if the Council voted to approve the money now and go back for the language, it never happened that way, and that editing the language would get kicked aside.

Mr. Carlisle stated there was nothing complex about what was being presented, and he hoped for a vote. Mr. Carlisle stated getting it out of the way was the way to go. Mr. Carlisle stated the document that had been requested, specifically all the pay for non-union employees, had been given to the Council, and every employee had initialed it. Mr. Carlisle stated the issue with changing the call firefighters to an hourly rate had been debated, and it was time to get on with the pay increase, and to do otherwise gave the impression that the town's non-union employees were being held ransom for the purpose of achieving some unknown advantage in straightening out language in the contract.

Councilor Lazo stated Councilor King could run his own subcommittee meeting, and he believed the letter from the Town Manager was true.

Councilor Ferron stated he was not here to do anything but look out for the good of the Town. He stated he had no problems with the raises. He stated for two years he had had a problem with the percentage rate for the inspector. Councilor Ferron stated he definitely wanted to talk about the call fire department. He stated he has in the past said yes to everything, expecting issues to come back for discussion, and this hasn't happened. Councilor Ferron stated he wanted to clear the air. He stated he had tried to talk to the Town Manager, and the Town Manager wanted to have an attorney present. Councilor Ferron stated no one was allowing him the opportunity to clear the air, and he was sick of it. He again stated he was not opposed to a raise.

Councilor King stated his door was open to anyone, and that he was in a learning curve. Councilor King stated people had gone without a pay increase for 16 months, and it could take 6 months to clarify any language issues in the Personnel Regulations and the pay schedules, so he wanted to act now with an increase. He stated the Town's department heads were important. Councilor King stated a lot of things being done tonight were for the cameras, but were not a benefit to the Town. He stated the Council needed to move forward and stop tabling things.

Councilor King recommended that from now on all contract negotiations be held in Executive Session.

Councilor Langevin stated if this item is allowed to be voted tonight, then the Town Council may as well dismantle all subcommittee meetings. He stated this was a horrible way to run government.

Councilor Marcucci stated she had the impression from reading the minutes and the Town Manager's memo that the agenda items at General Government Subcommittee had not been addressed the way they should have. Councilor Marcucci questioned the ability for someone to arbitrarily put something on the agenda, and if this the was the case then there was no point in having subcommittee meetings.

Mr. Carlisle stated having the vote in a public forum made the process transparent. He stated having the chairman and the vice chairman of the Town Council carrying subcommittee agendas by use of ex officio voting flew in the face of the charter, where committees were meant to be balanced.

Charlene Laporte of Southbridge spoke. She stated she had witnessed the hard work of the department heads, and it was disheartening to sit in the audience and hear this debate. She stated the Council should vote on the salaried increases and deal with the Personnel Regulations at another meeting.

There was a debate about moving the question.

Councilor Livengood stated she agreed with Mrs. Laporte, and he felt like the members of the Town Council were actually holding employees hostage to get their pay raise. He stated the Town would start losing good department heads and employees if the Council continued this way. He stated also the Town Council had a responsibility to keep issues moving forward.

There was debate on a point of order, and Chairman Chernisky brought the meeting to order with the gavel. He stated the Personnel Regulations was a 12 page document, and it needed to be sorted out at subcommittee on 9/25/06, and then the raises could go forward. Chairman Chernisky stated the Council was being asked to ignore what was said at subcommittee so the Town Manager could get his way. Chairman Chernisky stated if the time and effort put into political fights was put towards resolving issues, then more things would get done. Chairman Chernisky stated the Town Manager was asking the Council to ignore the Charter and do what he wants. Chairman Chernisky stated the reason it takes so long to get anything done is because the Council can't receive the information it needs to make decisions.

Councilor Nikolla stated the State election had nothing to do with the Town Council, and she wanted the issue of pay raises taken care of now.

Vote to suspend the rules and add an agenda item to tonight's meeting, by roll call, Councilors in favor: Ferron, King, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Chernisky, Langevin. Vote passes.

Councilor Nikolla made a motion as follows: Vote to amend Schedule 1 with "Proposed Amendment September 7, 2006" and Schedule 5 with "Proposed Amendment September 13, 2006" of the Town of Southbridge Personnel Regulations and to direct the Town Manager to prepare and submit for Town Council consideration appropriate amendments to the Personnel Regulations to become effective January 1, 2007. This motion was seconded by Councilor McDonald. Vote by roll call, Councilors in favor: Ferron, King, Lazo, Livengood, Marcucci, McDonald, and Nikolla. Councilors opposed: Chernisky, Langevin. Vote passes.

Councilor Nikolla thanked the Council for this vote.

Councilor Langevin stated he wanted the Town's bylaws for signage on trees put on the agenda for a General Government subcommittee.

Councilor Ferron made a motion to recommend 9/25/06 for the next meeting, seconded by Councilor McDonald. Vote by show of hands, unanimous in favor.

A motion was made to adjourn by Councilor Ferron, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor. The meeting adjourned at 8:40 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, AUGUST 28, 2006

A meeting of the Southbridge Town Council was held on Monday, August 28, 2006, in the Causabon Senior Center. Chairman Chernisky called the meeting to order at 7:05 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, KING, LANGEVIN, LAZO, LIVENGOOD, MARCUCCI, MCDONALD, AND NIKOLLA.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE FOLLOWING MINUTES:

• August 7, 2006. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept the minutes. Vote by show of hands, 9 to 0 unanimous in favor.
• August 21, 2006 - Council of the Whole. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor King stated there were no minutes to read and no meeting was scheduled.
• b. Department of Public Works. Councilor Lazo stated there would be a meeting shortly on the water and sewer rates.
• c. Education and Human Services. Councilor Nikolla read the minutes of the 8/15/06 subcommittee meeting.
• d. Planning and Development. Councilor Livengood described the 8/3/06 meeting, and stated there would be another subcommittee meeting on 9/7/06 at 7 p.m., in the Rice Conference Room.
• e. Protection of Persons and Property. Councilor Ferron stated there had been a meeting of the Protection of Persons and Property Subcommittee just prior to tonight's Town Council meeting, and the items at this meeting had been voted and were ready to be advanced.
• f. Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated each Councilor should be making a time to speak with the Town Manager as part of the Town Manager evaluation process.

Chairman Chernisky stated there would be a 9/11 memorial on the Town Common on 9/11/06.

Chairman Chernisky stated the next meeting would take place at the Town Hall.

Chairman Chernisky stated schools in Southbridge started on Wednesday.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the Town Bylaw Review Committee was nearing completion of its work, and he believed the entire package would be ready for Council approval at the next meeting.

Mr. Carlisle stated as part of Hispanic Heritage Month, being hosted by the QVCAH, there would be an art exhibit on 9/15/06, and a salsa making contest as well.

Mr. Carlisle stated there had been a request to waive Chapter 61 sale requirements of a certain property in town. He stated this property would be coming out of tax abatement status and will be sold. He stated notices had been distributed to the attorneys, and this would be brought to the Town Council for action.

AGENDA ITEM #7. CITIZENS' FORUM

No citizen wished to speak.

AGENDA ITEM #8. VOTE TO ACCEPT AND SIGN THE WARRANT FOR THE SEPTEMBER 19, 2006 STATE PRIMARY ELECTION. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #9. VOTE THAT IT BE RESOLVED THAT SOUTHBRIDGE TOWN COUNCIL PROCLAIM SEPTEMBER 2006, LIBRARY CARD SIGN-UP MONTH IN SOUTHBRIDGE, MASSACHUSETTS, AND WE ENCOURAGE ALL CITIZENS OF SOUTHBRIDGE TO SIGN UP FOR THE SMARTEST CARD AND TAKE ADVANTAGE OF ALL THE WONDERFUL LITERATURE, SERVICES, AND PROGRAMS THE LIBRARY HAS TO OFFER. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #10. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF JOSE DINGUI AS SERGEANT IN THE TOWN OF SOUTHBRIDGE POLICE DEPARTMENT FOR AN INDEFINITE TERM. A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item.

Councilor Lazo stated he was happy with the work Mr. Dingui had performed as resource officer at Wells Middle School. Police Chief Charette stated he was delighted to recommend this appointment to the Town Council. Councilor Ferron stated this appointment had been brought to PPP Subcommittee and was unanimous there.

AGENDA ITEM #10. Vote by show of hands, 9 to 0 unanimous in favor.

Officer Dingui thanked everyone for their support.

AGENDA ITEM #11. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF JOE COGGANS AS AN AUXILIARY POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #12. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF AARON TETLOW AS AN AUXILIARY POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Councilor Langevin stated in the future he wanted the applications for these positions included in the packet. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #13. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF LEONARD BEANE AS AN AUXILIARY POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #14. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF ASHLEY BROWN AS AN AUXILIARY POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #15. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF JOHN SALCE AS AN AUXILIARY POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #16. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF ALEJANDRO ROSA AS AN AUXILIARY POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #17. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF ANTONIO J. TRIFONE AS A CALL FIRE FIGHTER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #18. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF RICHARD J. GREENSAVITCH AS A CALL FIRE FIGHTER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #19. VOTE TO TRANSFER THE SUM OF $48,000.00 FROM THE TOWN COUNCIL RESERVE ACCOUNT TO THE FIRE FIGHTER PARAMEDIC EDUCATION COST ACCOUNT. A motion was made by Councilor Langevin, seconded by Councilor King, to vote this item.

Councilor Langevin stated the Town could not look at the cost of providing this training, but had to look at the good this would do for the community. Councilor Lazo asked Chief Laporte if this would pay itself back, and Chief Laporte stated the increased revenue would probably pay back the cost in a year and a half or two years. Councilor King asked the difference in billing between a basic life support ambulance trip and an advanced life support ambulance trip. Chief Laporte stated a BLS trip bills at about $500, and a paramedic level trip bills about $1,500. Mr. Carlisle stated last year there were about 240 transfers that the Town could not fulfill, because of lack of proper certification. Mr. Carlisle stated with this increased level of life support some of these transfers would come to the Town of Southbridge. Councilor Lazo asked the Town Manager if these trained individuals were obligated for some period of service to the Town. Mr. Carlisle stated if any of these trained individuals leaves the fire department within a year, they are obligated to pay back the entire cost of the training; if they leave after a year but less than 2 years, they repay two-thirds; if they leave after two years but before three years, they repay one-third; and after three years they repay nothing. Councilor Ferron asked Chief Laporte if contractually these employees who receive this certification would receive more pay, and Chief Laporte stated this level of training earned a $1,000 a year stipend increase. Councilor Livengood stated if one person in the town was saved by having these people working here, then it was worth it, and the cost of the training was moot.

AGENDA ITEM #19. VOTE BY ROLL CALL. COUNCILORS IN FAVOR: CHERNISKY, FERRON, KING, LANGEVIN, LAZO, LIVENGOOD, MARCUCCI, MCDONALD, AND NIKOLLA. MOTION PASSES.

Chairman Chernisky stated he wanted to move AGENDA ITEM #28 to this point in the meeting. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to take up AGENDA ITEM #28 at this point in the meeting. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #28. VOTE TO RATIFY THE CONTRACT WITH THE SOUTHBRIDGE POLICE ASSOCIATION, MCOP LOCAL 153 FOR THE PERIOD OF JULY 1, 2005 THROUGH JUNE 30, 2007 AND TO FUND THE CONTRACT BY TRANSFERRING THE SUM OF $79,423.00 FROM THE FY 2007 SALARY ADJUSTMENT ACCOUNT. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item.

Councilor Langevin stated he was not happy with all the language, but he could live with this contract. Councilor Nikolla thanked the Police Department for compromising and not entering into a long drawn out battle. Councilor Marcucci stated she was abstaining from this vote as her husband is a policeman. Councilor Ferron stated the Council had given the Town Manager some guidelines, and retro pay was not one of these. He stated before any changes were made the Town Manager should have come back to the Council for further approval. Chairman Chernisky asked about the physical exam incentive portion of the contract, and Chief Charette explained this. Further discussion was held regarding the contract.

AGENDA ITEM #28. VOTE BY ROLL CALL. COUNCILORS IN FAVOR: CHERNISKY, FERRON, KING, LANGEVIN, LAZO, LIVENGOOD, MCDONALD, AND NIKOLLA. COUNCILORS ABSTAINING: MARCUCCI. MOTION PASSES.

AGENDA ITEM #20. VOTE TO AUTHORIZE THE TOWN MANAGER, PURSUANT TO GENERAL LAWS c. 40, SECTION 4A, TO ENTER INTO AN INTERMUNICIPAL AGREEMENT WITH THE TOWN OF CHARLTON FOR THE PROVISION OF A WATER SUPPLY IN ACCORDANCE WITH THE DRAFT AGREEMENT DATED AUGUST 24, 2006. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item.

Councilor McDonald stated he felt the Town Council needed to ensure this deal was good for the Town, and made a motion to send this item to subcommittee, seconded by Councilor King.

Mr. Carlisle stated in earlier drafts of this agreement the Town Council had had an opportunity to see the progress on this contract. He stated the Town of Charlton had a hard deadline to meet with the State. Mr. Carlisle stated the key points had been worked out with the Town's attorney, and had been part of a submission that had gone to Charlton and approved by their town meeting. Councilor McDonald stated the fine print of this deal had not been worked out, and the Town of Southbridge had as its best asset the water supply. Councilor McDonald stated this was being presented in the eleventh hour when it was too late to make any changes. Mr. Carlisle stated this agreement was for 100,000 gallons of water a day, and was not an indefinite agreement. Further discussion was held.

Chairman Chernisky called for a recess at 8:05 p.m. The meeting resumed at 8:14 p.m.

Further discussion was held on this topic.

Vote to refer AGENDA ITEM #20 to subcommittee, by roll call. Councilors in favor: Ferron, Langevin, McDonald. Councilors opposed: Chernisky, King, Lazo, Livengood, Marcucci, and Nikolla. Motion fails.

AGENDA ITEM #20. VOTE ON THE ORIGINAL MOTION -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, KING, LANGEVIN, LAZO, LIVENGOOD, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: FERRON. MOTION PASSES.

AGENDA ITEM #21. HAVING VOTED ON JULY 17, 2006, AGENDA ITEM NO. 18, TO REFER THE PROPOSED LAYOUT OF SOUTHBRIDGE INDUSTRIAL PARK ACCESS ROAD TO THE PLANNING BOARD FOR ITS REPORT AND HAVING RECEIVED AND REVIEWED SUCH REPORT, WE DETERMINE THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE LAYING OUT OF SOUTHBRIDGE INDUSTRIAL PARK ACCESS ROAD AS SHOWN ON THE PLANS ENTITLED "SOUTHBRIDGE INDUSTRIAL PARK ACCESS ROAD AS SHOWN ON THE PLANS, SOUTHBRIDGE, MASSACHUSETTS, LAYOUT PLAN DRAWINGS," DATED JUNE 2005, PREPARED BY TIGHE & BOND, CONSULTING ENGINEERS, WESTFIELD, MASSACHUSETTS (6 SHEETS) AND LAY OUT SAID SOUTHBRIDGE INDUSTRIAL PARK ACCESS ROAD AS A PUBLIC WAY. A motion was made by Councilor Livengood, seconded by Councilor Marcucci, to vote this item. Vote by roll call. Councilors in favor. Chernisky, Ferron, King, Livengood, Marcucci, McDonald, and Nikolla. Councilors abstaining: Langevin, Lazo. Motion passes.

AGENDA ITEM #22. VOTE TO RATIFY A CONTRACT WITH HEY COMMUNICATIONS, INC. IN THE AMOUNT OF $5,400.00 FOR AN ANNUAL SERVICE CONTRACT FOR THE COMPUTER SYSTEM AT THE SOUTHBRIDGE POLICE STATION. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #23. VOTE TO RATIFY A CONTRACT WITH AMERICAN ROCK SALT FOR THE PURCHASE OF HIGHWAY ROAD SALT IN THE AMOUNT OF $47.24 PER TON BEING AN ESTIMATED 3,000 TONS. A motion was made by Councilor McDonald, seconded by Councilor King, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #24. VOTE TO RATIFY A CONTRACT WITH BORGES CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $272,721.50 FOR THE ALPINE DRIVE AND BRENTWOOD DRIVE SEWER EXTENSION. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Discussion was held. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #25. VOTE TO FUND THE IMPROVEMENT OF PRIVATE WAYS AS PERMITTED BY GENERAL LAW AND TOWN BY-LAW ARTICLE VIII, SECTION 39 OF THE TOWN GENERAL BY-LAW IN THE AMOUNT OF $2,000.00 FOR FY2007 SAID FUND TO BE TRANSFERRED FROM THE DEPARTMENT OF PUBLIC WORKS OPERATING BUDGET VOTED AS THE DPW OPERATIONS BUDGET OF $1,021,344. BY TRANSFERRING THE SUM OF $2,000.00 FOR THIS PURPOSE. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Councilor Lazo stated this would help the taxpayers out with roads that were in disrepair, and would be better for the plow trucks in the winter. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #26. VOTE TO AMEND THE VOTE TAKEN ON MAY 30, 2006, AGENDA ITEM NUMBER 10 FY 2007 BUDGET BY REDUCING THE S.W.C.R.V.S.D. (BAY PATH) ASSESSMENT FROM $1,114,213.00 TO $1,106,632.00; A REDUCTION OF $7,581.00. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #27. VOTE TO APPROVE THE FOLLOWING CDBG PROJECTS: TIGER'S DEN AWNING IMPROVEMENT; STYLES FACADE WORK; MPI WIRELESS FACADE WORK; COURNOYER BUILDING PROPOSED AWNING; BUCCI'S BARBER SHOP SIGN AND LIGHTING; BUCCI'S HAIR SALON SIGN AND LIGHTING; DOWNBACK LAUNDRY SIGN AND LIGHTING; AND GORDON MUSIC PROPOSED SIGN. A motion was made by Councilor Livengood, seconded by Councilor King, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #29. DISCUSSION TO AMEND SCHEDULE 1 AND SCHEDULE 5 OF THE TOWN OF SOUTHBRIDGE PERSONNEL REGULATIONS FOR NON-UNION EMPLOYEES.

Mr. Carlisle described wanting a General Government Subcommittee to discuss the specifics of this proposal. Councilor King stated prior to that meeting he wanted an updated and accurate Schedule 5. Chairman Chernisky instructed Councilor King to schedule a General Government Subcommittee meeting on this subject.

AGENDA ITEM #30. VOTE TO RATIFY THE EMPLOYMENT CONTRACT WITH KAREN S. HARNOIS FOR A THREE-YEAR TERM TO EXPIRE JANUARY 26, 2010. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Councilor Lazo stated Mrs. Harnois has been an asset to the town. Councilor Ferron stated in this case there was a contract and the Council knows exactly what is being voted. He stated in other cases he wants to look into the schedules before voting. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #31. COUNCILORS' FORUM

Councilor Langevin asked about the lights on the Town Common. He stated most people in the community enjoyed the lights on the Common, and he wanted to get these working for Christmas time. Mr. Carlisle described the damage done on the common by the wind and by vandals. He described the work done by the Town, and that he hoped for volunteers to come together and help with this work. Chairman Chernisky stated the Downtown Partnership was beginning to talk about an event in early December involving tree lighting.

Councilor King reminded everyone the last day to register for the upcoming election was 8/30/06, and the Clerk's Office would be staying open until 8 p.m. to allow people to register.

Councilor King stated he didn't want the next meeting of the Town Council to take place on 9/11/06, so that everyone could take part in the 9/11 memorial being held on the Town Common.

Councilor King thanked the Southbridge Police Department for their help with two incidents which occurred at the Town Library. He stated he wanted to have a resource officer or safety officer checking with the library to assure the safety of the children going to the library.

Councilor Lazo asked when the properties on Worcester Street were going to be demolished. Mr. Carlisle stated he thought this was going to happen within the next two weeks.

Councilor Lazo stated he had received some complaints about Oak Ridge Cemetery, with minibikes going through, and vandalism and a lot of other undesirable activity going on there. He stated he wanted a foot patrol or cruiser to go through the cemetery occasionally to prevent this.

Councilor Livengood asked for an update on repair activities on Pleasant Street. Mr. Carlisle stated he was waiting for an update from the DPW Director. Councilor Livengood stated he wanted this information for the next meeting.

Councilor Ferron stated four-wheelers on Plimpton Street and Hamilton Street were being confiscated by the police, and anyone caught riding these illegal vehicles in the future would have their vehicles confiscated by the police.

Councilor Ferron stated he had received a call from a resident of Dresser Hill Road about the smell coming from the wastewater treatment plan. He asked if the upcoming improvements to the plant will alleviate the smells. Mr. Carlisle stated since February, when the sludge at the site was no longer allowed to sit out in the open, the smell had gone down dramatically.

Councilor Chernisky stated he had been in contact with the Massachusetts Highway Department about changing the speed limit on Pleasant Street. He stated he had been in contact with the Town Manager, the DPW, and the Police Chief about the information required to start the process of gathering the required information to affect this change.

AGENDA ITEM #32. Discussion of next meeting date. Councilor Ferron recommended 9/13/06 as the next meeting date, seconded by Councilor King. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #33. Adjournment. Councilor King made a motion to adjourn, seconded by Councilor Livengood. Vote by show of hands, 9 to 0 unanimous in favor.

The meeting adjourned at 9:06 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, AUGUST 7, 2006

A meeting of the Southbridge Town Council was held on Monday, August 7, 2006, in the Causabon Senior Center in the Town of Southbridge. Chairman Chernisky called the meeting to order at 7: 07 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, KING, LANGEVIN, LAZO, LIVENGOOD, MCDONALD, AND NIKOLLA. COUNCILORS ABSENT: MARCUCCI.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE FOLLOWING MINUTES:

• July 17, 2006 Town Council meeting. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote these minutes. Vote by show of hands, unanimous in favor, Councilor Lazo abstains.
• July 19, 2006 with Council of the Whole meeting with the School Committee. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote these minutes. Vote by show of hands, unanimous in favor, Councilor Lazo abstains.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

a. General Government. Councilor Langevin read the minutes of the subcommittee meeting of 7/26/06. He stated there was a meeting scheduled for 8/9/06 in the Rice Conference Room at 7 p.m.

b. Department of Public Works. Councilor Lazo read the minutes of the 8/2/06 subcommittee meeting.

c. Education and Human Services. Councilor Nikolla stated there was a subcommittee meeting scheduled for 8/15/06, to include the School Superintendent and the School Committee.

d. Planning and Development. Councilor Livengood stated a meeting had been held on 8/3/06. He stated the next meeting was scheduled on 9/7/06.

e. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.

f. Town Manager. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky asked if anyone was interested in forming a Town Council entry into the Aislen Cipro Whiffle-ball tournament to please contact him soon.

Chairman Chernisky stated all Councilors had been directed by the Town Manager Subcommittee to plan a time to meet with the Town Manager to discuss his performance. Chairman Chernisky stated thus far he was the only Councilor who had done this. Chairman Chernisky stated in his conversation with the Town Manager he reviewed the purpose of Councilors Forum. Chairman Chernisky stated if a Councilor had a request or a concern for the Town Manager they should submit this in writing to the Manager, otherwise the Chairman would rule Councilors out of order for discussing it first at Councilors Forum, and this specifically included requests for information.

Chairman Chernisky stated he wanted a Council of the Whole meeting for August 21st, 2006, to review with business owners, the Planning Board, the Economic Development Director, and others, the Town's process for establishing a new business in town. Chairman Chernisky stated the goal of this meeting was to help make the Town as business friendly as possible. He stated this meeting would be held in the Casaubon Senior Center.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the Planning Board had received the plans for the Industrial Park access road, and had given preliminary approval with two questions. The first question regarded the asphalt design at the portion of the road starting at Worcester Street and going the first 4800 feet into the roadway. Mr. Carlisle described how there was a minor adjustment being made because of a 3- to 4,000 square foot portion of land, and by adjusting for a narrower right of way by 5 or 6 feet at this spot in the access road, the Town could avoid a land taking. Mr. Carlisle stated this small adjustment did, however, cause a changing of the original plans from 1999. Mr. Carlisle stated the design firm Tighe and Bond would have available the plans for this new design within three weeks, and that this design would only influence the first 4800 feet of the roadway design, at which point it would blend together with the original plan.

Mr. Carlisle stated the regarding the permanent power right of way, the Town now had the draft document back from the Town's attorneys, and the Town Manager would review it, and then turn it over to the DPW for another check, and then he would be able to get this recorded.

Mr. Carlisle stated the Town had been awarded the $600,000 Community Development Block Grant which had been applied for in April.

Mr. Carlisle described the Guelphwood Road sewer and water main extension. He stated because the new DPW facility on Guelphwood would have water and sewer pipes installed to it, this meant this new line would run past nine properties on Guelphwood Road, and would afford these properties the ability to tie in to Town water and sewer services. Mr. Carlisle stated these property owners were being surveyed to see if they wanted this service. Mr. Carlisle stated when this survey is done this matter will be brought to the Council for a proper vote.

Mr. Carlisle stated the Governor had signed legislation enabling the Town of Southbridge to receive a total of 9 various liquor licenses. Mr. Carlisle stated 7 of these licenses were already spoken for by individuals who had gone through the process of obtaining one, and there 2 extra to be administered by the Liquor Licensing Board. Mr. Carlisle thanked Charlene Laporte and Cheryl Ryan for their help with this effort.

Mr. Carlisle stated Councilor Ferron had been requesting quite a bit of information over the past six weeks. Mr. Carlisle stated there had been a whole series of requests for information going back some two years. Mr. Carlisle stated the line of this inquiry resembled an investigation, and as the Town cannot investigate itself, he provided each Councilor the phone number for the State Attorney General and the State Ethics Commission. Mr. Carlisle provided a copy to each Councilor of the all the information Councilor Ferron had been requesting. Councilor Ferron stated the last thing he asked for from the Town Manager was last year's attorney's fees, to see if there was any way the Town could be saving legal fees. Councilor Ferron stated he often receives no response for requests.

AGENDA ITEM #7. CITIZENS' FORUM

George Chenier of Pleasant Street asked what kind of interim repairs could be done to Pleasant Street before the construction of an access road, for more immediate relief. Mr. Carlisle stated he would get together with the DPW Director and provide information on this possibility to the Council, to potential pursue whatever reasonable stopgap measures which could benefit the neighborhood.

Mr. Chenier described some of the activities at the Town Airport. He stated there were activities at the airport that included removing fill from a hangar by Paquette, which would allow for use of the hangar and hopefully produce revenue for the Town. Mr. Carlisle stated he agreed with Mr. Chenier on the desirability of opening the hangar, and the only two things that needed addressing with this activity were permitting of the earth removal equipment, and disposing of something of value, which needed to come to Council for approval. Councilor Langevin asked if the Airport Commission could provide a period report to the Town Council to discuss their activities, and Mr. Chenier stated he would pass this to the board.

AGENDA ITEM #8. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF ARNOLD LANNI AS THE TOWN OF SOUTHBRIDGE DELEGATE TO THE CENTRAL MASSACHUSETTS REGIONAL PLANNING COMMISSION FOR FY 2007 TO EXPIRE JUNE 30, 2007. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF DAVID A. LIVENGOOD AS THE ALTERNATE DELEGATE TO THE CENTRAL MASSACHUSETTS REGIONAL PLANNING COMMISSION FOR FY 2007 TO EXPIRE JUNE 30, 2007. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #10. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF MICHAEL J. CHECKOSKY TO THE INDUSTRIAL DEVELOPMENT FINANCE AUTHORITY FOR THE TOWN OF SOUTHBRIDGE FOR A THREE YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Mr. Carlisle stated this board, along with its partner board the Economic Development Commission, were being formed to help with the Town's business development. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #11. VOTE TO APPOINT RONALD DAOUST TO THE GENERAL GOVERNMENT SUBCOMMITTEE OF THE TOWN COUNCIL FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor King, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

Councilor King made a motion to add an agenda item at this point, to appoint Gabriel Lafleche as Citizen Member of the General Government Subcommittee, seconded by Councilor Langevin. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #11a. VOTE TO APPOINT GABRIEL LAFLECHE TO THE GENERAL GOVERNMENT SUBCOMMITTEE OF THE TOWN COUNCIL FOR A ONE YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #12. VOTE TO RE-APPOINT MAURICE CAPISTRAND TO THE DEPARTMENT OF PUBLIC WORKS SUBCOMMITTEE OF THE TOWN COUNCIL FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor McDonald, seconded by Councilor Nikolla, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #13. VOTE TO APPOINT SUSAN CONGDON TO THE EDUCATION AND HUMAN SERVICES SUBCOMMITTEE OF THE TOWN COUNCIL FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #14. VOTE TO APPOINT KAREN SZYDLIK TO THE EDUCATION AND HUMAN SERVICES SUBCOMMITTEE OF THE TOWN COUNCIL FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #15. VOTE TO RELOCATE PRECINCT 3 POLLING PLACE (PRESENTLY CHARLTON STREET SCHOOL, 220 CHARLTON STREET) TO THE ARMORY AT 153 CHESTNUT STREET. A motion was made by Councilor King, seconded by Councilor Langevin, to vote this item. Councilor Lazo asked if it was temporary, and Mr. Carlisle stated the Board of Registrars was recommending this be permanent. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #16. VOTE TO RATIFY AN AGREEMENT WITH GANNETT FLEMING IN THE AMOUNT OF $87,000.00 FOR SUPPLEMENTAL PHASE I TSCA FIELD SAMPLING AND ANALYSIS AT THE FORMER D.B. COTTON COMPANY SITE, 185 GUELPHWOOD ROAD. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

Councilor Ferron asked DPW Director Hamer Clarke if this was something expected when the original appropriation was voted. Mr. Clarke stated this represented an increase, and was part of the evolving process with the EPA. Mr. Clarke stated the EPA wants more testing, and working with the EPA was like hitting a moving target. Councilor Ferron stated this project was now two to three years since appropriation, and he wanted things to be on time and on budget.

Chairman Chernisky called for a recess at 8:08 p.m. The meeting resumed at 8:16 p.m.

Councilor Langevin stated he had some of the same concerns as Councilor Ferron, and he wanted the DPW to be using this building this winter, and for the Town to be able to sell off the old building. Mr. Clarke stated the cost of construction was driving the price up, as well as the environmental issues. Mr. Clarke stated the building was being used at an increased rate over the last year and a half. Mr. Carlisle stated the cost of the environmental cleanup was actually less than the worst case predicted at the onset.

AGENDA ITEM #16. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #17. VOTE TO RATIFY AMENDMENT NO. 5 TO THE AGREEMENT WITH WESTON AND SAMPSON IN THE AMOUNT OF $790,000 FOR CONSTRUCTION ENGINEERING SERVICES FOR THE SOUTHBRIDGE WASTEWATER TREATMENT PLAN IMPROVEMENTS. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Councilor Ferron stated again he wanted these projects on time and on budget, and if this raises water and sewer rates then it will be a problem. Councilor Lazo stated improving the wastewater treatment plant would increase revenues to the Town, to offset the cost. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #18. VOTE TO AUTHORIZE THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH CDM CONSTRUCTION IN THE AMOUNT OF $7,638,869.00 FOR UPGRADE TO THE SOUTHBRIDGE WASTEWATER TREATMENT FACILITY. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #19. VOTE TO AUTHORIZE THE TOWN MANAGER TO ACCEPT THE AMENDED AND RESTATED DRAINAGE EASEMENT AGREEMENT GRANTED BY JASON D. KOPP AND KIMBERLY KOPP FOR PROPERTY LOCATED AT 86 HARTWELL STREET. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item.

Mr. Carlisle stated the previous owners of this property had through their attorney reported an easement that was disadvantageous to the Town. Mr. Carlisle stated this left the Town with too much liability, and could be disallowed with this vote as the Town never participated in the previous easement. Mr. Carlisle described the new limits. Chairman Chernisky stated in the future this type of thing should go to subcommittee first.

AGENDA ITEM #19, vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #20. VOTE THAT IT BE RESOLVED: The Town Council of the Town of Southbridge hereby accepts, on behalf of the Town, for general municipal purposes, (including the purpose of conveyance,) a deed or deeds in lieu of foreclosure from Colonial Capital Corp. on the parcels of land identified more particularly below, as authorized under G.L. c. 60, Section 77C, for outstanding taxes, municipal charges and liens in the amount of approximately $99,177.56 calculated as of August 7, 2006:

All those certain parcels of land on Brentwood Drive, Southbridge, shown as "Lot 39," "Lot 40," and "Lot 41" on a plan of land entitled "Definitive Plan of Property Owned by Autumn Ridge Realty Trust Southbridge, Massachusetts," dated June 20, 1988, prepared by MJCASA Engineering & Surveying Department, recorded with said Deeds in Plan Book 609, Plan 104 ("Plan A"), and the parcel of land on Maria Avenue, Southbridge, shown as "Lot 55" on said Plan A.

All those certain parcels of land on Maria Avenue, Southbridge, shown as "Lot 89," "Lot 90," "Lot 91," "Lot 92," "Lot 93," "Lot 94," and "Lot 95" on a plan of land entitled "Plan of Land Southbridge, Mass. Prepared for Autumn Ridge Realty Trust," dated November 2, 1992, revised through April 9, 1993, prepared by Metrowest Engineering, Inc., recorded with said Deeds in Plan Book 670, Plan 1 (Plan B").

All those certain parcels of land on Aspen Avenue, Southbridge, shown as "Lot 57A" and "Lot 57B" on a plan of land entitled "Plan of Land Southbridge, Mass. Prepared for Autumn Ridge Realty Trust," dated January 29, 1990, prepared by Mtrowest Engineering, Inc., recorded with said Deeds in Plan Book 636, Plan 94 ("Plan D").

The right, title and interest, if any, to the roadways shown as "Maria Avenue" on Plan A, and "Bristol Lane" on a plan of land entitled "Definitive Subdivision Plan 'Autumn Ridge' Southbridge, Mass. Prepared for Autumn Ridge Realty Trust," dated March 24, 1991, prepared by Metrowest Engineering, Inc., recorded with said Deeds in Plan Book 650, Plan 29 ("Plan E").

And to authorize the Town Manager to record said deed or deeds, together with an instrument of acceptance signed by him, and further to authorize the Town Manager to convey all or some of the aforementioned parcels on such terms and for such consideration as the Town Manager determines is in the best interest of the Town; or to take any other action relative thereto.

A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Mr. Carlisle described the properties, and that this would move them into legitimate public ways of the Town.

AGENDA ITEM #20. Vote by show of hands, 8 to 0 unanimous in favor.

Vote to elect Councilor Chernisky as the Permanent Chairman, by roll call: Councilors in favor: Ferron, King, Langevin, Livengood, McDonald, and Nikolla. Councilors abstaining: Chernisky, Lazo. Vote passes.

AGENDA ITEM #7. Election of Vice-Chairman. Councilor Langevin made a motion to elect Councilor Ferron as the Vice-Chairman, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, Ferron, King, Langevin, Lazo, Livengood, McDonald, and Nikolla. Vote passes.

AGENDA ITEM #8. Adoption of permanent seating arrangement (The newly elected Chairman will direct this procedure). Chairman Chernisky and Town Clerk Daoust assigned seating for each member of the Town Council, as follows: Seat #3, Councilor Livengood. Seat #4, Councilor Lazo. Seat #5, Councilor King. Seat #6, Councilor McDonald. Seat #11, Councilor Marcucci. Seat #12, Councilor Nikolla. Seat #13, Councilor Langevin.

AGENDA ITEM #9. Discussion of the next meeting date. Chairman Chernisky stated it would be best to wait on this, as there was a regular meeting to follow the reorganizational meeting. Vote to pass over this item, 8 to 0 in favor.

AGENDA ITEM #10. Adjournment. Councilor McDonald made a motion to adjourn, seconded by Councilor Lazo. Vote by show of hands, 8 to 0 in favor. The meeting adjourned at 7:12 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, THURSDAY, JUNE 29, 2006

A meeting of the Southbridge Town Council was held on Thursday, June 29, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:05 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LAZO, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS EXCUSED: LANGEVIN, MARINO, AND VANDAL.

At this point Chairman Chernisky called for a moment of silence to honor the life of Sally Lazo, who recently passed away. Councilor Lazo thanked everyone for their kindness surrounding the death of his mom.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE FOLLOWING MINUTES:

• June 12, 2006 - Town Council. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, all in favor.
• June 14, 2006 - Council of the Whole. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, all in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor McDonald had no minutes to read and no meeting was scheduled.
• b. Department of Public Works. Councilor Lazo had no minutes to read and no meeting was scheduled.
• c. Education and Human Services. There were no minutes to read and no meeting was scheduled.
• d. Planning and Development. There were no minutes to read and no meeting was scheduled.
• e. Protection of Persons and Property. Councilor Ferron had no minutes to read and no meeting was scheduled.
• f. Town Manager. There were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky read a citation honoring James J. Marino, Sr. and Conrad Vandal for their service on the Southbridge Town Council.

Chairman Chernisky recognized the Southbridge U14 soccer team, which won the Western Division and made it to the finals. Mike Murray, who coached the team, introduced the players and others who helped make the season a success.

Chairman Chernisky thanked everyone who voted in the last election.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle described some of the upcoming summer projects, including Project Bread, which brought in meals for kids, as well as a basketball league in the Town Armory Building, as well as Camp Veshia, beginning on 7/17/06.

Mr. Carlisle stated the third reading of the request for increased liquor licenses for Southbridge had been made.

Mr. Carlisle stated the chairs and benches for placement in the Town Common had arrived, and the contractor would now begin preparation of the site.

Mr. Carlisle stated the summer concert series at the Town Common was almost completely booked.

Mr. Carlisle stated the State had responded positively to the Town of Southbridge FY2006 budget.

Mr. Carlisle stated Paul Zotos had again this year won the New England Cable and Telecommunications Association award, which he won in 2004 as well. Mr. Carlisle stated Mr. Zotos would be receiving his award in July 11th, in Newport, Rhode Island.

Mr. Carlisle stated regarding any access road off of Worcester Street, he would be turning over to the Council any votes required, to allow the Town Council to decide what to do about the road.

Mr. Carlisle thanked Ronald Chernisky for acting as the Chairman of the Town Council for the previous year.

Mr. Carlisle thanked Ray Hanson for serving on the Airport Commission, and stated Mr. Hanson had moved to Connecticut.

AGENDA ITEM #7. CITIZENS' FORUM

Howard Hall of Hamilton Street spoke about the traffic lights at Hamilton and Main Street, and the possibility of activating them.

David Livengood of North Woodstock Road thanked everyone who came out and voted, and thanked Councilors Marino and Vandal for their service to the town.

AGENDA ITEM #8. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF ROBERT LECOUR TO THE AIRPORT COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF THEODORE BARTLETT TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #10. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF CHARLENE BRADY TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #11. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF KAREN M. PETTINELLI TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #12. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF SANDRA PROVOST AS ANIMAL INSPECTOR FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor McDonald, seconded by Councilor Nikolla, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #13. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF THOMAS LC AYAU, JR. TO THE CABLE TV ADVISORY COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #14. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF GRAHAME F. WILLIAMS TO THE COMMISSION ON DISABILITY FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #15. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF MARGARET DEANGELIS TO THE COMMISSION ON DISABILITY FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Nikolla, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #16. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF ROSA MCDONALD TO THE COUNCIL ON AGING FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #17. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF EDWARD J. PHILLIPS TO THE HISTORICAL COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #18. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF MARGARET MORRISSEY TO THE HISTORICAL COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Nikolla, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #19. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF JOHN V. LACHAPELLE TO THE JACOB EDWARDS LIBRARY BOARD OF TRUSTEES FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Nikolla, seconded by Councilor Marcucci, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #20. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF JUDITH ZAIDO TO THE BOARD OF HEALTH FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #21. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF LT. JAMES PHILBROOK AS THE HEALTH INSPECTOR FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Marcucci, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #22. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF SANDRA PROVOST AS DOG OFFICER/ANIMAL CONTROL FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #23. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF LAWRENCE SPINELLI TO THE PLANNING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #24. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF RINALDO BERNARDONE TO THE LIQUOR LICENSING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 5 to 0 in favor, 1 abstention (Councilor Lazo).

AGENDA ITEM #25. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF THE FOLLOWING INDIVIDUALS AS PUBLIC WEIGHERS FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007: KENNETH DELAGE, MARC A. DIPIETRO, MARK E. BONIN, WILLIAM C. JOLIN, AND STEPHEN LOVELY. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #26. DISCUSSION OF RESOLUTION FROM TOWN COUNCILORS.

Councilor Lazo stated it wasn't about the individual, and that the politics has to stop. Councilor Nikolla stated her concern was more with the process than the person.

AGENDA ITEM #27. VOTE TO RATIFY THE TOWN MANAGER'S AWARD OF THE SALE OF TIMBER AT THE SOUTHBRIDGE WATERSHED TO BANNISH LUMBER CO. IN THE AMOUNT OF $33,529.00. A motion was made by Councilor McDonald, seconded by Councilor Nikolla, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #28. VOTE TO RATIFY THE AGREEMENT WITH PETERSON OIL SERVICE, INC. FOR THE PURCHASE OF HEATING OIL IN THE AMOUNT OF $2.46 A GALLON. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 0 in favor.

AGENDA ITEM #29. ORDERED: THAT THE AUTHORIZED, UN-ISSUED BALANCES OF THE FOLLOWING LOAN ORDERS OF THE TOWN COUNCIL ARE HEREBY RESCINDED:

• a. General Government. Councilor McDonald described the minutes of the 5/25/06 meeting.
  
  
• b. Department of Public Works. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
  
  
• c. Education and Human Services. Councilor Langevin stated there were no minutes to read and no meeting was scheduled.
  
  
• d. Planning and Development. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
  
  
• e. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.
  
  
• f. Town Manager. Councilor Marcucci stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky welcomed Village Photo to Southbridge, at their new facility on Hamilton Street, stating this area was becoming a nice new business district for Southbridge.

Chairman Chernisky stated the Town was approached by the American Legion, stating three Southbridge military veterans, Mr. Bachand, Mr. Chamberland, and Mr. Lavoie were going to be honored on the following evening.

Chairman Chernisky stated the Southbridge U14 traveling boys soccer team was undefeated, and the first playoff game for them was at North Brookfield High School. Chairman Chernisky stated this team was one of the users of the Town's Armory building in the winter, to hone their skills. He stated the parents had done much work on cleaning Charlton Street Field, as well as placing 40 yards of loam and 600 pounds of grass seed on the Lower West Street Field.

Chairman Chernisky thanked the West Street School for allowing him to participate in the Reach Out And Read Program at the school.

Chairman Chernisky stated a program saluting Flag Day would be held at the Charlton Street School, on 6/14/06, and would be open to the public.

Chairman Chernisky stated in order to qualify for consideration of State funding for a school building project, the Town needed to submit a Statement of Interest.

Chairman Chernisky stated on Wednesday, June 14, 2006 there would be a Council of the Whole meeting to discuss the proposed access road with respect to ballot question #1 on the June election. Chairman Chernisky stated he had personally invited three people from Worcester Street and Pleasant Street, and told them to tell their neighbors. Chairman Chernisky stated he had also invited the Planning Board, the Conservation Commission, and a representative from Camp, Dresser, and McKee. Chairman Chernisky stated he had asked the Cable Access Manager to put this on T.V., and hoped it would help everyone make of their mind on the election.

Chairman Chernisky stated due to a recent violation of Town Council rules by Councilor Marino, Councilor Marino was being taken off the Education and Human Services Subcommittee and would be replaced by Councilor Nikolla, trading places with her position on the Planning and Development Subcommittee.

Chairman Chernisky stated the Relay for Life was this coming weekend, and he hoped everyone would come out and support this effort.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle announced the awards for the Southbridge Citizen's Scholarship Awards for 2006, and thanked the directors of this effort, Tom Smalarz, Al Lanni, Dan Charette, and Ajay Larochelle. Mr. Carlisle announced the winners of these $750 awards as Nico Tarquinio, who planned to go to St. Joseph's College, and Matthew St.Onge, who planned to go to either the University of Connecticut or the University of Wisconsin.

Mr. Carlisle stated June 24th was the next scheduled Casella hazardous waste day.

Mr. Carlisle stated the Town had received a small grant of $4,600 from the Massachusetts Emergency Management Agency, for Command System 200 classroom training.

Mr. Carlisle read a statement regarding issues with leaking secret documents to the newspapers, and accusations leveled in the past few weeks, as well as issues surrounding Lt. Gary Fontaine of the Southbridge Police Department. Mr. Carlisle stated the only information received from Lt. Fontaine was a request from his attorney, Attorney Jim Simpson, calling for an investigation into who leaked the information from the Executive Session meeting regarding his client, this investigation to be done by the State Ethics Commission.

Chairman Chernisky added to Chairman's Announcements that in the past a motion to suspend the rules had carried with a majority vote, but in fact a two-thirds vote was required.

AGENDA ITEM #7. CITIZENS' FORUM

Jack Lachapelle of Moriarty Street, a member of the Library Board of Trustees, spoke regarding the recent controversy surrounding a recent library display, and stated it was never a good idea to censor anything within a library.

Richard Whitney of Pine Ridge, a member of the Library Board of Trustees, said there was an event coming up at the Town Library on 6/21/06, at 6 p.m., specifically the attendance of author Gregory Maguire, who penned the Broadway musical called 'Wicked.' Mr. Whitney stated he disagreed with Councilor Marino's calling for a boycott of the library to protest its contents. Mr. Whitney stated he had seen the display in question and did not find it offensive. Mr. Whitney stated also tomorrow night was the American Optical reunion, being held at Rom's Restaurant.

Robert Tremblay of Southbridge, who is the son of former Town Councilor Rene Tremblay, asked in light of the recent report from the Southbridge Police Department exonerating his father of any wrongdoing in the leak of classified information from a previous Executive Session meeting, did Councilor Lazo intend to apologize to his father for making these accusations. Councilor Lazo stated if it caused Rene any problems, he apologized for that.

AGENDA ITEM #8. VOTE TO ACCEPT AND SIGN THE WARRANT FOR THE JUNE 27, 2006 ANNUAL TOWN ELECTION. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #9. VOTE TO RATIFY THE LEASE WITH RAYMOND A. St.JEAN AND MARGUERITE A. St.JEAN IN THE AMOUNT OF $4,500.00 FOR THREE (3) FIELDS LOCATED AT DUDLEY RIVER ROAD FOR THE TERM OF JULY 1, 2006 THROUGH JUNE 30, 2007. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #10. VOTE TO AMEND THE SOUTHBRIDGE ZONING BYLAW THAT WOULD AMEND THE TOWN OF SOUTHBRIDGE ZONING MAP AS FOLLOWS:

• Re-zone a parcel on Chestnut Street, Assessors' Map 46, lot 197 to "Retail Business." The parcel is currently zoned "Multi-Family Residential."

Third and Final Reading

Chairman Chernisky made this reading. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Motion passes.

AGENDA ITEM #11. VOTE TO ADOPT SUB-SECTION (1) OF MASSACHUSETTS GENERAL LAWS CHAPTER 32, SECTION 89E - ACCIDENTAL DEATH BENEFITS - VOLUNTEER EMERGENCY SERVICE PROVIDER (POLICE AND FIRE). A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #12. VOTE TO AUTHORIZE THE TOWN MANAGER TO SIGN THE SETTLEMENT AGREEMENT WITH NARCISO SANTA AS REACHED THROUGH WORCESTER SUPERIOR COURT CIVIL ACTION #WOCV2003-01867B. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #13. VOTE TO TRANSFER THE SUM OF $20,000 FROM THE STABILIZATION FUND ACCOUNT TO THE NARCISO SANTA SETTLEMENT AGREEMENT ACCOUNT. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #14. VOTE TO RATIFY AN AMENDMENT TO THE CONTRACT OF PREMIER LABORATORY, LLC CORRECTING THE TIME OF PERFORMANCE FROM ONE-YEAR TO THREE-YEARS. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #14. VOTE TO CONFIRM BY RATIFICATION THE ACTION OF THE TOWN MANAGER AS ALLOWED BY THE TOWN OF SOUTHBRIDGE GENERAL BY-LAW ARTICLE VI, SECTION 7 TO HAVE REMOVED BY DEMOLITION THE PROPERTY AT 811 WORCESTER STREET AT THE SOLE EXPENSE OF THE CASELLA INC. SAID PROPERTY HAVING BECOME OBSOLETE BY VIRTUE OF THE CONSTRUCTION OF A POWER DISTRIBUTION LINE ON THE SAME PROPERTY. A motion was made by Councilor McDonald, seconded by Councilor Marcucci, to vote this item.

Councilor Lazo stated he wanted Casella to buy the house at fair market value. Councilor Langevin stated he was abstaining from this vote. Councilor Marino stated he felt the current path was wide enough for an electrical easement. Councilor Marcucci stated this had passed unanimously in subcommittee. Councilor Ferron stated this could wait until after the 6/27/06 local election. Mr. Carlisle stated this vote was different than a vote on an access road, as this was to abet the utility easement that is required by DEP. Councilor Vandal asked if the Town Manager was working for the Town of Southbridge or for Casella, and Mr. Carlisle described how this work had been approved in the past by the Town Council. Chairman Chernisky stated this property deconstruction was only for the utility easement.

AGENDA ITEM #15. Vote -- by roll call -- Councilors in favor: Chernisky, Marcucci, McDonald, and Nikolla. Councilors opposed: Ferron, Lazo, Marino, and Vandal. Councilors abstaining: Langevin. Motion fails.

AGENDA ITEM #16. COUNCILORS' FORUM

Councilor Lazo stated regarding the police report, he would be calling Rene Tremblay to apologize to him.

Councilor Lazo stated his prior resolution had received a majority of Council signatures to be placed on the agenda, and he felt therefore discussion of Lt. Fontaine should be on an agenda. An extensive discussion took place. Chairman Chernisky stated this would be placed on the 6/26/06 agenda.

Councilor Ferron stated the four-wheelers near Plimpton Street were still a problem.

Councilor Ferron stated he was afraid the wrong thing was going to be said at some point in a Town Council meeting, and the Town would be sued.

Councilor Nikolla asked about any progress on the required paperwork to apply for State aide on school construction, and Councilor Langevin stated he would call the School Superintendent on this issue.

Councilor Vandal stated the roll off dumpsters at Southbridge Tire that were for collecting yard debris had been turned facing a different direction, making it difficult for people to put their refuse in the bins.

Councilor Vandal stated bus drivers were complaining to him about the road in front of the Little Kitchen restaurant on Hamilton Street, specifically the parking in front of the restaurant in the right hand turn lane.

Councilor Vandal stated the smell on Charlton Street from the landfill was bad as well, and we needed to get someone up there who knows what they are doing.

Councilor Vandal stated the guard rails on Paige Hill had come out very nicely.

Councilor Vandal asked about the status of the park benches on the Town Common, and Mr. Carlisle stated when the order for them arrived they would be installed.

Mr. Carlisle stated the issue of parking in front of the Little Kitchen had been talked about at subcommittee, and no additional action was deemed necessary. Councilor Vandal stated perhaps in the future it could be purchased by the town to allow for road improvements.

Councilor McDonald asked about the tipping fee for Casella trash haulers. He stated Casella had an unfair advantage, and was potentially putting local haulers out of business.

Councilor Vandal asked the Landfill Monitor to include in her report the number of trucks going to the landfill each day.

Chairman Chernisky denied accusations made in a prior meeting regarding discussions he had had at a Town Councilor's house four years prior.

AGENDA ITEM #17. Discussion of the next meeting date. Councilor McDonald recommended 6/26/06, seconded by Councilor Langevin. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #18. VOTE TO ENTER EXECUTIVE SESSION TO DISCUSS STRATEGY WITH RESPECT TO THE NEGOTIATION OF A CONTRACT AND TO RECONVENE THE MEETING FOR THE PURPOSE OF ADJOURNMENT ONLY.

Attorney John Giorgio of the Town's law firm stated a more accurate reason to enter into Executive Session is to discuss the value of real property. Councilor Langevin made a motion to amend Agenda Item #18 to reflect this, seconded by Councilor Ferron. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #18 (AS AMENDED). VOTE TO ENTER INTO EXECUTIVE SESSION TO DISCUSS THE VALUE OF REAL PROPERTY, AND TO RECONVENE THE MEETING FOR THE PURPOSE OF ADJOURNMENT ONLY. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Vote passes.

The meeting entered into Executive Session at 8:27 p.m.

The meeting returned from Executive Session at 10:03 p.m.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Ferron. Vote by show of hands, unanimous in favor. The meeting adjourned at 10:04 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, MAY 30, 2006

A meeting of the Southbridge Town Council was held on Monday, May 30, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE FOLLOWING MEETINGS:

May 17, 2006 - Council of the Whole. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, 8 in favor, 1 abstention (Lazo).

May 22, 2006. Regular Town Council Meeting. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, 8 in favor, 1 abstention (Lazo).

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

General Government. Councilor McDonald stated there would be a meeting soon to accept the new Town Bylaws.

Department of Public Works. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.

Education and Human Services. Councilor Langevin stated there were no minutes to read.

Planning and Development. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.

Protection of Persons and Property. Councilor Ferron read the minutes of the 5/23/06 subcommittee meeting.

Town Manager. Councilor Marcucci stated there were no minutes to read and no meeting was scheduled.

A motion was made by Councilor McDonald to move Agenda Item #8 to the next item for discussion, seconded by Councilor Langevin. Vote by show of hands, all in favor.

AGENDA ITEM #8. PRESENTATION OF SCHOLARSHIP RECIPIENT AWARDS FOR COMMISSION ON DISABILITY.

Mark Zarazinski of the Southbridge Disability Commission presented on behalf of the Commission on Disability two $1,000 scholarships to local essayists Melissa Murray and Richard Leblanc. Ms. Murray plans on using her scholarship to help attend Westfield State, and Mr. Leblanc plans on attending Syracuse University.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky asked everyone this evening to respect decorum in the meeting, and to not be repetitive, nor disruptive or vindictive.

Chairman Chernisky described talking to Kopelman and Paige the Town's attorneys about the petition to hold another meeting in executive session about Police Lieutenant Gary Fontaine. Chairman Chernisky stated he felt it was in the best interest of the Town to hold this meeting, but not without a legal justification for the meeting, and no action would be taken on any illegal motions. Councilor Lazo stated he wanted a copy of the opinion from Kopelman and Paige on the attorneys' letterhead.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the Senate had approved the House version of the State budget, and it was virtually the same as the House version.

Mr. Carlisle stated a household hazardous waste day at the landfill was being scheduled for 6/24/06, from 9 a.m. to 1 p.m. Mr. Carlisle stated this week, because of the Memorial Day holiday, the trash pickup was going to be one day behind.

AGENDA ITEM #7. CITIZENS' FORUM

No citizens wished to speak.

AGENDA ITEM #9. VOTE TO AMEND THE SOUTHBRIDGE ZONING BYLAW THAT WOULD AMEND THE TOWN OF SOUTHBRIDGE ZONING MAP AS FOLLOWS:

Re-zone a parcel on Chestnut Street, Assessors' Map 46, lot 197 to "Retail Business." The parcel is currently zoned "Multi-Family Residential."

Second Reading

Chairman Chernisky made the second reading. A motion was made to accept this second reading by Councilor Lazo, seconded by Councilor Ferron. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #10. VOTE TO ADOPT THE FY 2007 TOWN OF SOUTHBRIDGE GENERAL FUND OPERATING BUDGET OF $39,570,193.00 TO BE FUNDED AS FOLLOWS:

Raise and appropriate $38,528,285

Transfers from other available funds:
Sale of Street List Books	2,300
Cable Operating Account	88,500
Septic Loan Program	6,048
Day Care Revolving	10,000
Debt Service Reserve	450,000
Sale of Lots & Graves	20,000
Perpetual Care Interest	32,500
Library Incentive Grant	25,000
Free Cash	407,560
TOTAL:	$39,570,193

A motion was made by Councilor McDonald, seconded by Councilor Ferron to vote the approval of the above transfers. Vote by show of hands, 9 to 0 unanimous in favor.

The voting document was voted, as follows:

General Government

Town Council, for $19,000. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Town Manager, for $200,181. Councilor Langevin made a motion to reduce this amount by $15,600, to $184,581, seconded by Councilor Lazo, this amount to coincide with the cost of having an IT Director and Director of Finance. Vote -- by roll call -- Councilors in favor: Ferron, Langevin, Lazo, and Marino. Councilors opposed: Chernisky, Marcucci, McDonald, Nikolla, and Vandal. Motion fails.

Councilor McDonald made a motion to vote the Town Manager budget as recommended at $200,181, seconded by Councilor Marcucci. Vote - by roll call - Councilors in favor: Marcucci, McDonald, Nikolla, and Vandal. Councilors opposed: Chernisky, Ferron, Langevin, Lazo, and Marino. Motion fails.

Discussion was held. A motion was made to reduce the Town Manager budget amount by $5,200, to $194,981, to reflect removing the IT Director stipend. This motion was made by Councilor Ferron, seconded by Councilor Nikolla. Vote - by roll call - Councilors in favor: Chernisky, Ferron, Marcucci, Marino, and Nikolla. Councilors opposed: Langevin, Lazo, McDonald, and Vandal. Motion passes.

A motion was made by Councilor Ferron, seconded by Councilor Nikolla, to approve the Town Manager budget amount of $194,981, Vote - by roll call - Councilors in favor: Chernisky, Ferron, Marcucci, Marino, McDonald, Nikolla, and Vandal. Councilors opposed: Langevin, Lazo. Motion passes.

Town Accountant, for $116,976. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Assessors, for $145,972. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Town Treasurer/Collector, for $290,212. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Town Attorney, for $150,000. Councilor Langevin made a motion to vote the amount of $125,000, with the intention of placing the additional $25,000 in the Council Reserve. This was seconded by Councilor Marino. Vote by show of hands, 9 to 0 unanimous in favor.

Town Clerk, for $129,456. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Elections and Registration, for $47,635 ($49,935 less the $2,300 transfer). A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Planning Board and SPGA, for $2,963. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Community Development, for $66,599. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Cable Advisory $0, no vote taken ($88,500 less transfer of $88,500).

Administration accounts, total, for $393,362. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Data Processing, for $242,000. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Council Reserve. Chairman Chernisky said he wanted to wait until further along in the meeting to vote this amount, and as such this was passed over.

Contributory retirement, for $1,205,869. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Personnel Accounts, subtotal of $215,750. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Group Health and Life, for $1,322,500. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

General Insurance, subtotal of $322,000. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Boards and Committees, subtotal of $8,252. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Debt Service subtotal of $2,043,701 ($2,509,749 less $466,048 transfer). A motion was made by Councilor McDonald, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Special Accounts, subtotal of 153,000. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Other General Government Education Expenses, subtotal of $2,014,194. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Public Safety

Police, for $2,746,376. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Fire and Ambulance, for $1,707,377. Councilor Marino made a motion to reduce this amount by $32,377, to reflect removing the call firefighter budgeted amount and the stipend for the Fire Chief, seconded by Councilor Marcucci.

A lengthy discussion was held regarding the merits of an on call fire department. Councilor Nikolla stated she wanted to fund 17 call firefighters as last year and not fill the normal staffing of 20 call firefighers at the present time, and reduce the budget accordingly. She also stated she wanted a report in her packet outlining the performance or nonperformance of call firefighters.

Further discussion was held.

Councilor Lazo, made a motion to move the question, seconded by Councilor Marino. Vote - by roll call - Councilors in favor: Lazo, Marino, McDonald, Nikolla, and Vandal. Councilors opposed: Chernisky, Ferron, Langevin, and Marcucci. Motion passes.

The Council voted on the original motion. Vote to reduce the Fire and Ambulance budget by $32,377 to $1,675,000. Vote - by roll call - Councilors in favor: Chernisky, Ferron, Langevin. Councilors opposed: Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Motion fails.

Councilor Ferron made a motion to amend the Fire and Ambulance budget amount to $1,698,577, which reflected the difference in cost of maintaining the current call fire department at 17 members rather than the allotted 20 (as in the prior year), and removing the Chief's stipend. The motion to amend was seconded by Councilor Marcucci. Vote - by roll call - Councilors in favor: Chernisky, Ferron, Langevin, Marcucci, Marino, and Nikolla. Councilors opposed: Lazo, McDonald, and Vandal. Motion passes.

Fire and Ambulance, for $1,698,577 (as amended above). Vote - by roll call - Councilors in favor: Chernisky, Ferron, Marcucci, Marino, McDonald, Nikolla, and Vandal. Councilors opposed: Langevin, Lazo. Motion passes.

Chairman Chernisky called for a recess at 8:58 p.m. The meeting resumed at 9:08 p.m.

Public Safety (continued)

Inspections, for $135,412. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Public Safety Program Accounts, for $381,500. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

DPW Administration, for $250,182. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

DPW Operations, for $1,021,344 ($1,073,844 less $52,500 transfer). A motion was made by Councilor Ferron, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

DPW Snow and Ice, for $100,200. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Human Services

Veterans and Council on Aging, for $59,415. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Library, for $385,000 ($410,000, less $25,000 transfer). A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Recreation, for $16,804. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

E.H.S. Program Accounts, for $75,500. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Southbridge Public Schools, less estimated circuit breaker reimbursement of $1,000,000, for $19,694,498. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to approve this budget amount.

Lauren McLoughlin of Park Ave spoke, and stated the $1,000,000 increase from last year's budget was woefully inadequate. Mr. McLoughlin spoke about the impact of last year's cuts. She stated school funding had been inadequate for years. She stated the Town needed to elect people with vision. Mr. McLoughlin stated she wished the Town Manager would present a state of the Town address at least yearly. She stated the Town needed to get more money from the landfill operation.

Robin Webber of Lebanon Hill Road spoke. She stated the Town Council needed a major overhaul, and she encouraged everyone to vote. She stated the Town Council needed vision and leadership to steer the course.

A recess was held between 9:27 and 9:30 to recheck the final figure for the Southbridge Public Schools.

Councilor McDonald rescinded his previous motion, and Councilor Lazo rescinded his second.

Southbridge Public Schools, less estimated circuit breaker reimbursement of $1,000,000, for $19,776,598. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

School Transportation, for $2,008,402. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

SWCRSD (Bay Path), for $1,114,213. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to approve this budget amount. Vote by show of hands, 9 to 0 unanimous in favor.

Council Reserve, for $189,000. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to approve this budget amount. Vote - by roll call - Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Motion passes.

Councilor Ferron made a motion to amend the vote on Agenda Item #10 on tonight's Agenda, seconded by Councilor Langevin, to reflect the Town of Southbridge General Fund Operating Budget as $39,652,293. Vote by show of hands, 9 to 0 unanimous in favor.

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to adopt the FY 2007 Town of Southbridge General Fund Operating Budget of $39,652,293, which reflected the initial amount in Agenda Item #10 plus the addition of $82,100 which had been added to the original Southbridge Public Schools appropriation. Vote by show of hands, 8 in favor, 1 opposed (Langevin). Motion passes.

AGENDA ITEM #11. VOTE TO ADOPT THE FY 2007 SEWER ENTERPRISE FUND BUDGET OF $2,431,901.00 TO BE RAISED FROM SEWER RATES. A motion was made by Councilor Marcucci, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #12. VOTE TO ADOPT THE FY 2007 WATER ENTERPRISE FUND BUDGET OF $2,868,205.00 TO BE RAISED FROM WATER RATES. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #13. VOTE TO ADOPT FY 2007 LANDFILL ENTERPRISE FUND BUDGET OF $801,191.00 TO BE FUNDED FROM LANDFILL USER CHARGES. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #14. VOTE TO RE-AUTHORIZE THE "LEASED PROPERTIES REVOLVING FUND" UNDER THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44, SECTION 53E 1/2 TO PAY ALL REPAIRS, IMPROVEMENTS, EXPENSES AND UTILITIES FOR ALL TOWN OWNED LEASED PROPERTY EXCEPT 115 MARCY STREET, FROM LEASE PAYMENTS TO BE DEPOSITED IN THE ACCOUNT, WITH ALL EXPENDITURES TO BE APPROVED BY THE TOWN MANAGER AND TOTAL EXPENDITURES FROM THE ACCOUNT NOT TO EXCEED $75,000 PER YEAR. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Councilor Marino asked for a report in the next packet about the income from the buildings. Mr. Carlisle stated he would give a breakdown for FY05 for this item, as well as Agenda Items 15 and 16. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #15. VOTE TO RE-AUTHORIZE THE "DAY CARE CENTER LEASED PROPERTIES REVOLVING FUND" UNDER THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44, SECTION 53E 1/2 TO PAY ALL REPAIRS, IMPROVEMENTS, EXPENSES AND UTILITIES FOR THE LEASED PROPERTY AT 115 MARCY STREET FROM LEASE PAYMENTS TO BE DEPOSITED INTO THE ACCOUNT, WITH ALL EXPENDITURES TO BE APPROVED BY THE TOWN MANAGER AND TOTAL EXPENDITURES FROM THE ACCOUNT NOT TO EXCEED $100,000 PER YEAR. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Chernisky).

AGENDA ITEM #16. VOTE TO RE-AUTHORIZE THE "SOUTHBRIDGE AIRPORT LEASED PROPERTIES REVOLVING FUND" UNDER THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44, SECTION 53E 1/2 TO PAY ALL REPAIRS, IMPROVEMENTS, EXPENSES AND UTILITIES FOR THE LEASED PROPERTY AT THE SOUTHBRIDGE MUNICIPAL AIRPORT FROM LEASE PAYMENTS TO BE DEPOSITED INTO THE ACCOUNT, WITH ALL EXPENDITURES TO BE APPROVED BY THE TOWN MANAGER AND TOTAL EXPENDITURES FROM THE ACCOUNT NOT TO EXCEED $50,000 PER YEAR. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Councilor Marino asked why the Town was paying all the utilities, and why was the Town subsidizing the airport. Mr. Carlisle stated a revolving fund was established to consolidate the bills, and a report was available to Council regarding Town-wide utility use. Councilor Ferron asked how much was in the account, and Mr. Carlisle stated there was nothing in the account, and this only allowed money to pass through.

AGENDA ITEM #16. Vote by show of hands, 7 in favor, 2 opposed (Ferron, Marino). Motion passes.

AGENDA ITEM #17. COUNCILORS' FORUM

Councilor Lazo asked the Town Manager about the status of the Langevin drainage agreement. Mr. Carlisle stated it was with Attorney Coderre to be prepared in suitable form of an agreement, which when ready will come to the Town Manager and then the Town Council for appropriation.

Councilor Lazo asked the Council Chairman when a ruling on the validity of the request signed by five Councilors would be ready from Kopelman and Paige, and Chairman Chernisky stated he would call Attorney Lauren Goldberg in the morning. Councilor Lazo stated the reason for the resolution for going back into Executive Session was that questions were left unanswered.

Councilor Lazo stated if a Councilor was going to be chastised for releasing confidential documents to the newspaper, then other instances needed to be investigated as well, such as a report he heard of the same document being delivered to a former Town Councilor. Councilor Lazo asked the Chairman about meetings at Councilor's houses.

Councilor Marino stated he agreed with a previous citizen speaker about tearing down unsightly and condemned houses in the Town. He stated they were becoming drug dens and eyesores. He stated the Town Manager should order the Building Inspector to declare these as removable buildings.

Councilor Marino stated the Town Library was going to sponsor gay pride in the month of June, and he felt it was wrong and felt it should be canceled. Councilor Marino stated the library was no place to promote gay pride month. He stated if it was not canceled then the people of Southbridge should boycott the library for the entire month of June.

Councilor McDonald thanked everyone for their help with the Memorial Day parade.

Councilor McDonald the Department of Public Works for cleaning up the Town's monuments.

Councilor McDonald asked the Town Manager if the Town was getting a tipping fee from Casella, and Mr. Carlisle stated he would get the answer.

Councilor Vandal thanked DPW Director Hamer Clarke for changing the timing configuration at the traffic light in the middle of Town, to allow more cars through from Elm Street.

Councilor Vandal asked regarding the roll dumpster at the Town Armory Building, which he had mentioned as being picked up between 5 and 5:30 a.m. and reported as such by the neighbors, who had given the Landfill Monitor the permission to call the neighbor who had complained and to call the Town's attorneys. Mr. Carlisle stated the Armory was being moved to the end of the pickup cycle, so as to have removal later in the day. As per the question of the Landfill Monitor contacting the Town's attorneys, Mr. Carlisle stated after reviewing this it was not clear if this incident was covered under the Town's bylaws, and at the Town Manager's instruction the Landfill Monitor asked the attorney. Councilor Vandal stated the 7 a.m. start time was pretty clear.

Councilor Vandal questioned the Landfill Monitor's notes and asked about the extension for the processing facility's completion into late fall. Mr. Carlisle stated he would ask the Building Inspector why this was so.

AGENDA ITEM #18. Discussion of next meeting date. Councilor McDonald recommended 6/12/06 as the next meeting date, seconded by Councilor Langevin. Vote by show of hands, all in favor.

A motion to adjourn was made by Councilor Langevin, seconded by Councilor Ferron. Vote by show of hands, all in favor.

The meeting adjourned at 10:07 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN OF SOUTHBRIDGE, MASSACHUSETTS, PUBLIC HEARING, TUESDAY, MAY 30, 2006, 6:30PM
ROBERT G. MACKINNON COUNCIL CHAMBER, TOWN HALL

A public hearing on the Town budget was held on Tuesday, May 30, 2006, in the Town of Southbridge. Town Manager Clayton Carlisle called the meeting to order at 6:30 p.m.

Agenda Item #1. Public Hearing - FY 2007 Town Budget (as revised; see attached)

General Government	$ 9,796,470.00
Public Safety	$ 4,970,665.00
Public Works	$ 1,424,226.00
Human Services	$ 561,719.00
Bay Path	$ 1,114,213.00
School Department	$ 21,702.900.00
Sewer Enterprise Fund	$ 2,431,901.00
Water Enterprise Fund	$ 2,868,205.00
Landfill Enterprise Fund	$ 801,191.00

Mr. Carlisle described the various budgets.

Mr. Carlisle stated this year and next will finish off the payment on the School amortization done under Chapter 475 of the Acts of 2004.

Mr. Carlisle delivered a general budget message.

Discussion was held.

The meeting adjourned at 6:59 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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COUNCIL OF THE WHOLE MEETING, MONDAY, MAY 22, 2006

A meeting of the Southbridge Town Council was held on Monday, May 22, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:02 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS ABSENT: LAZO.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE FOLLOWING MEETINGS:

May 8, 2006 - Regular meeting. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, 8 to 0 in favor.

May 11, 2006 - Council of the Whole. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, 8 to 0 in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

General Government. Councilor McDonald stated there was a meeting scheduled for 5/25/06 at 7 p.m. in the Rice Conference Room, to discuss the budget.

Department of Public Works. Councilor Lazo was absent from the meeting.

Education and Human Services. Councilor Langevin read the minutes of the 5/4/06 and the 5/10/06 Subcommittee meetings. Councilor Langevin stated for the public the School Committee was holding a budget hearing tomorrow night at Southbridge High School.

Planning and Development. Councilor Vandal read the minutes of the 5/9/06 meeting.

Protection of Persons and Property. Councilor Ferron stated there was a meeting scheduled for 5/23/06 at 7 p.m. in the Rice Conference Room, to discuss the budget, as well as staffing within the Police Department.

Town Manager. Councilor Marcucci stated she had no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated the Council would be meeting on 5/30/06 for the purpose of finalizing the FY2007 budget.

Chairman Chernisky stated if any Councilor wanted to suspend the rules to vote to go into Executive Session to discuss issues pertaining to any alternate access road site, then he would invite them to do so, as he had promised to put this on an Agenda.

Chairman Chernisky stated in conjunction with the Relay for Life cancer fundraiser, the American Cancer Society had asked for the Town Council's endorsement in naming Southbridge a Relay for Life Community. Chairman Chernisky read a statement to this effect. Councilor McDonald made a motion to endorse the statement as read and accept Southbridge as an ACS Relay for Life Community, seconded by Councilor Langevin. Vote by show of hands, 8 to 0 in favor.

Councilor Chernisky stated the Town has numerous Memorial Day activities planned, and asked Councilor McDonald to describe them. Councilor McDonald stated the parade was starting on Memorial Day at 8:15 a.m. at Town Hall, with the first ceremony at the monument in the Fire Station park, then marching to the several veteran's memorials around the town, then on to the Polish Club, then ending at the VFW Post. Councilor McDonald stated anyone can attend.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the third bid for tree clearing at the Town's watershed was now going public, and this would fulfill the Town's goal of clearing 80 acres this year, with a budget target of $100,000.

Mr. Carlisle stated the bid process for the Town-owned property at 811 Worcester Street was now occurring. Mr. Carlisle stated there would be an open house at the property, and so far there was only one interested party.

Mr. Carlisle stated the Massachusetts Senate was now doing work on the budget. Mr. Carlisle stated the Massachusetts Municipal Association was urging all municipal officials to contact their senator to push this through to the Governor, with the provision to remove the lottery money holdback that started six years ago, giving the Town more Chapter 70 money this year and hopefully in future years.

AGENDA ITEM #7. CITIZENS' FORUM

William Clark of Lebanon Hill stated he was an advocate of tearing down boarded up or abandoned houses in the Town, to clean up the Town. Councilor Marcucci stated she had received the list of boarded up homes from the Town Manager, and asked if the next step was through the Board of Health. Mr. Carlisle stated if an abandoned home is uninhabitable, then this is referred to the Building Inspector and Fire Inspector. Mr. Carlisle stated in the case of the CMR Building on Elm Street just south of the Elm Street/Eastford Road split, this building had been closed by the Building Inspector for almost a year, and later an arson fire was set behind the building which the Fire Department was able to put out. Mr. Carlisle stated each of the three cases in Town was unique. Mr. Carlisle stated the six-unit property on Hamilton Street was making progress. Councilor Vandal asked about the boarded up properties, not just the abandoned ones. Councilor Vandal asked about any procedure for removal, and stated he didn't want these properties to linger in town for years and years.

Gabriel Lafleche of Therese Ave stated several of the residents had talked to him about speeding around the TAG elderly housing complex, and asked if the Town Council could help.

AGENDA ITEM #8. VOTE TO RATIFY A GOODS AND SERVICES AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE AND PREMIER LABORATORY, LLC IN THE AMOUNT OF $7,020.00 FOR LANDFILL WELL MONITORING. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item.

Landfill Monitor Anna Smith described how biannual landfill well monitoring had been going on since almost the beginning of landfill operations, to ensure the quality of water. Councilor Marino asked if the money to pay for this was coming from the Enterprise Fund. Mr. Carlisle stated in the past the bill had been sent to Casella, but a better method would be for the Town to pay the bill and retain control over the contract, and then the Town bills Casella for the service.

AGENDA ITEM #8. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #9. VOTE TO RATIFY A GOODS AND SERVICES AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE AND TASSE'S IN THE AMOUNT OF $6,543.00 FOR ASSESSOR'S OFFICE AIR CONDITIONING. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #10. VOTE TO RATIFY THE PROGRAMMATIC AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE MASSACHUSETTS STATE HISTORIC PRESERVATION OFFICER (SHPO) AND , THE FEDERAL AGENCY, ADVISORY COUNCIL ON HISTORIC PRESERVATION (ACHP) FOR ACTIVITY ON PROPERTIES THAT ARE HISTORICAL IN NATURE SO THAT THEY WILL CONFORM TO THE STATE AND FEDERAL STATUTES AND REGULATIONS. A motion was made by Councilor McDonald, seconded by Councilor Marcucci, to vote this item. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #11. VOTE TO AMEND THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING SECTION 41 TO ARTICLE VIII AS FOLLOWS:

ARTICLE VIII - SECTION 41 Prohibit "Camping" in Motor Vehicles

1. It shall be unlawful for any person to camp or occupy camp facilities in the following areas, except as otherwise provided by Town by-law: (a) Any park; (b) Any public street or way; (c) Any publicly owned parking lot or publicly owned area, improved or unimproved.

For purposes of this regulation, the following definitions are applicable:

(1) "Camp" shall mean to pitch, erect or occupy camp facilities for the purpose of or in such a way as will permit remaining overnight, or parking a trailer, camper or other motor or non-motor vehicle for the purpose of remaining overnight. This shall not include the lawful parking or storage of a recreational vehicle that is not being occupied.

(2) "Camp facilities" shall include, but are not limited to, tents, huts, temporary shelters, or any motor or non-motor vehicle.

2. Any vehicle parked in violation of this Regulation may be towed away at the direction of any Police Sergeant, for the cost of which towing charges the owner will be liable. In addition to such towing charges, the owner may be liable to pay storage charges and fines for violation of these regulations.

3. Violations of this regulation shall be punishable by a fine of $50.00. This regulation may also be enforced by noncriminal disposition in accordance with G.L. c.40, Section 21D and Article I, Section 4 of the Town of Southbridge Revised By-laws. For noncriminal disposition, the enforcing agent shall be the Police Department and the Fine Schedule shall be A, B, and C as set forth in Article I, Section 4.

Third (final) reading.

Chairman Chernisky made the third and final reading.

AGENDA ITEM #11. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #12. VOTE TO AMEND THE TOWN OF SOUTHBRIDGE BY-LAWS, ARTICLE VIII, SECTION 37 - PARKING FINE SCHEDULE BY INCREASING THE FEES AS FOLLOWS:

I - VIOLATIONS PAID WITHIN 21 DAYS
GROUP A VIOLATIONS - $25.00 EACH (previously $7.00 each)

• 1. Meter Violation
• 2. Overtime
• 3. More than 12" from curb
• 4. Facing wrong direction
• 5. Diagonal parking
• 6. Loading zone or passenger zone
• 7. Obstructing an excavation.
• 8. Street sweeping
• 9. At Schools
• 10. Taxi Stand
• 11. Bus Stop
• 12. Within 5 feet of private road or driveway
• 13. On or under bridge

GROUP B VIOLATIONS - FINE $35.00 EACH (previously $12.00 each)

• 14. Oversized vehicle
• 15. Double Parking

GROUP C VIOLATIONS - FINE $50.00 EACH (previously $15.00 each)

• 16. Prohibited zone
• 17. Crosswalk
• 18. Winter Parking Ban
• 19. Interfering with snow removal
• 20. Parking on sidewalk
• 21. Within 10 feet of an intersection
• 22. Within 15 feet or opposite Fire Station
• 23. Less than 12 feet unobstructed lane
• 24. Private way so as to obstruct fire apparatus
• 25. Fire lane

GROUP D VIOLATIONS - FINE $75.00 EACH (previously $50.00 each)

• 26. Within 10 feet of fire hydrant

GROUP E VIOLATIONS - FINE $100.00 EACH (previously $100.00 each)

• 27. Handicapped parking

II - GROUP A THROUGH C VIOLATIONS PAID AFTER 21 DAYS AND PRIOR TO REGISTRY OF MOTOR VEHICLE REVIEW-ALL VIOLATIONS $50.00 (previously $20.00)

III - GROUP A THROUGH C VIOLATIONS FINE PAID AT REGISTRY OF MOTOR VEHICLES REVIEW - ALL VIOLATIONS $75.00 (previously $35.00)

Third (final) reading

Chairman Chernisky made the third and final reading.

AGENDA ITEM #12. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #13. VOTE TO AMEND THE SOUTHBRIDGE ZONING BYLAW THAT WOULD AMEND THE TOWN OF SOUTHBRIDGE ZONING MAP AS FOLLOWS:

• Rezone a parcel on Chestnut Street, Assessors' Map 46, lot 197 to "Retail Business." The parcel is currently zoned "Multi-Family Residential."

First reading.

Chairman Chernisky made the first reading.

Vote to accept the first reading of AGENDA ITEM #13, by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #14. VOTE TO TRANSFER ON THE RECOMMENDATION OF THE TOWN MANAGER THE SUM OF $1,950 FROM THE STABILIZATION ACCOUNT TO THE DEPARTMENT OF PUBLIC WORKS ACCOUNT FOR THE MORRIS STREET FENCE.

2/3 vote required

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. AGENDA ITEM #14. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: LANGEVIN, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: CHERNISKY, FERRON. BY VOTE OF 6 TO 2 MOTION PASSES.

AGENDA ITEM #15. VOTE TO ACCEPT THE FOLLOWING PETITION AND TO PLACE IT ON THE BALLOT FOR THE TOWN ELECTION IN JUNE:

• "Shall the Town of Southbridge vote to accept the provisions of Section 6C of Chapter 40 of the General Laws, which authorize cities and towns to appropriate money for the removal of snow and ice from private ways therein open to public use?"

A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this agenda item.

Mr. Carlisle described that in order for this question to be placed on the ballot, petitions were required with 200 signatures of Southbridge registered voters. Mr. Carlisle stated 238 signatures had been gathered, and 223 of these were certified. Mr. Carlisle stated doing this would legalize the current practice, as the Town had always needed to do this to allow for passage by safety vehicles, such as police or ambulance. Mr. Carlisle stated he hoped for passage of this on the ballot to clear up the Town's status.

AGENDA ITEM #15. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #16. VOTE TO RATIFY THE TOWN MANAGER'S WATER AND SEWER CONNECTION AND USE AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE AND DAN FLYNN, TRUSTEE OF THE FISKE HILL EAST REALTY TRUST. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item.

Councilor Marino asked which properties would be in Southbridge. Mr. Carlisle stated he envisioned the minimum amount required, which is one condominium building with at least five units, and it was his intent to work to the bare minimum requirement to allow the Town of Southbridge to have a joint agreement with Sturbridge on this water deal. Councilor Marino asked what the charge would be for Sturbridge users versus Southbridge users, and Mr. Carlisle stated in this case Sturbridge would pay a higher rate. Mr. Carlisle stated the contract was structured so that Southbridge would deal with condominium associations rather than individual owners. Mr. Carlisle stated in the agreement Southbridge had the right to attach fees to individual owners if a condo association doesn't make a payment.

AGENDA ITEM #16. Vote by show of hands, 7 in favor, 1 abstaining (Marcucci).

AGENDA ITEM #17. VOTE THAT $1,000,000 IS APPROPRIATED FOR THE PURCHASE AND INSTALLATION OF SCHOOL DEPARTMENT COMPUTER HARDWARE AND SOFTWARE; THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $1,000,000 UNDER CHAPTER 44 OF THE GENERAL LAWS.

2/3 Roll Call Vote Required

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Councilor Langevin thanked the Town Manager for putting this on the agenda and moving it forward for the good of the schools.

Chairman Chernisky stated between the EHS Subcommittee meeting and tonight's vote, changes had been made, because of the addition of digital projectors, which increased the cost by almost $200,000 for the need under this borrowing. He stated he was disappointed this didn't go back to subcommittee for further discussion.

Mr. Carlisle stated as a courtesy this item should be approved tonight, rather than potentially delay the School Department receiving this technology. Mr. Carlisle stated the particulars of this contract indeed should be referred to subcommittee for further review, for public discussion of what is included in the $1 million borrowing. Mr. Carlisle stated this was three years' worth of technology purchasing financed by the borrowing. Mr. Carlisle stated it would be to everyone's benefit to know when the money was going to be called for. Mr. Carlisle stated discussion of the digital projectors needed to be discussed in subcommittee, as well as how the School Department was doing pursuing grants for technology applications. Mr. Carlisle stated with this vote a more worthwhile discussion could be held between the Town side and the School side on the particulars of school technology. Councilor Langevin stated he would hold an EHS Subcommittee meeting in early June to bring these issues forward.

AGENDA ITEM #17. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #18. COUNCILORS' FORUM

Councilor Vandal stated he was getting calls from the Armory area, where reportedly Casella waste trucks were picking up the dumpster trash between 5 and 5:30 a.m., and reportedly were going up Chestnut Street and down Morris Street.

Councilor Vandal stated the dogs on Thomas Street were still getting into the trash.

Councilor McDonald stated he received a call about cars on Worcester Street near Henry Street driving fast.

Councilor Marino read a statement regarding the newspaper articles in the prior week, regarding leaking of confidential information to the newspaper. Councilor Marino stated he was the one who did it. He stated he did this to bring more of this into the public eye, as everything discussed had already been well publicized. He stated also he wanted to lift the lingering shadow over the Town Council. He stated it wasn't his intention to drag this through the mud anymore, and he wanted to put an end to it.

Councilor Ferron stated in the sidewalk project on West Street there were 1 foot by 1 foot cutouts that were not barreled off, not signed off, and were potentially very dangerous. He stated he wanted the Town Manager to do something about this quickly. Chairman Chernisky stated with the existence of other projects, this one should have waited until the summer when school was out of session.

AGENDA ITEM #19. Discussion of next meeting date. Councilor McDonald motioned 6/12/06 as the next meeting date, seconded by Councilor Vandal. Vote by show of hands, unanimous in favor. Councilor McDonald made a motion to adjourn, seconded by Councilor Ferron. Vote by show of hands, unanimous in favor. The meeting adjourned at 8:15 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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COUNCIL OF THE WHOLE MEETING (CONTINUED), MONDAY, MAY 17, 2006

The Council of the Whole meeting of May 11, 2006, was continued on May 17, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:06 p.m.

ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS ABSENT: LAZO.

DISCUSSION OF BUDGET TOPICS (continued).

Chairman Chernisky stated the Council needed to decide the amount of an increase in school funding to be given for FY07 as compared to FY06, as well as to offer guidance on the amount of a tax increase, and how the Town would get there.

Town Manager Carlisle spoke about the increase in Chapter 70 moneys most likely coming to the towns of Massachusetts, including an increased amount for Southbridge. Mr. Carlisle described how this money should be applied to the School budget. Mr. Carlisle talked about the ability to take some money from the Water Enterprise Account via the hydrant and main charges. Mr. Carlisle stated the Town could anticipate backing off about $100,000 in charges based on the water deal with Charlton. Mr. Carlisle stated he wanted to anticipate increasing taxes by 10% and work toward lowering the number to around 5%. Mr. Carlisle did not advise closing and liquidating the Landfill Enterprise Fund, against the days of closure and post closure of the landfill and costs associated with this. Mr. Carlisle described a method by which $1,300,000 of the School budget could be borrowed from the State, but stated he did not favor this, as this too was money that would have to be repaid. Mr. Carlisle advised paying only the required amount of the Chapter 475, Acts of 2004 amortization from the State. Mr. Carlisle stated the Town would fund the school purchase of technology primarily with borrowing. Mr. Carlisle described a transfer from the Water to Sewer Enterprise Account that could result in $230,000 that could make its way to paying the FY07 budget, but this would result in increased water or sewer rates later.

School Superintendent Dr. Hanley provided information showing the worsening MCAS test scores for Southbridge students in 2005 versus 2004. Dr. Hanley stated there was an exodus of students from the Southbridge schools, students who were taking school choice and going to other public high schools, and this had to be stopped, and the only way to do this was to improve the Town's schools. Councilor Marcucci asked about the new positions proposed for the School side, and Dr. Hanley stated the schools needed them all to improve performance, and the ones proposed were to meet only the bare bones requirement for improving the schools' performances.

A lengthy discussion was held about the costs associated with running the School Department.

Chairman Chernisky called for a recess at 8:40 p.m. The meeting resumed at 8:52 p.m.

Chairman Chernisky stated he needed a figure to present to the School Committee. Councilor Langevin made a motion to recommend an increase in the FY07 School budget of $1,000,000 as compared to the FY06 School budget. This motion was seconded by Councilor McDonald. Vote by roll call. Councilors in favor: Ferron, Langevin, Marcucci, Marino, McDonald, Nikolla and Vandal. Councilors opposed: Chernisky. Motion passes 7 in favor, 1 opposed.

Councilor Chernisky stated the Council needed to determine an acceptable tax rate for next year. Councilor Langevin stated he agreed with determining a 10% amount now and having the Town Manager try to lower it. Councilor Langevin stated he would also be looking at the Town's side of the budget to try to keep it down. Councilor Marino stated the Town should look into selling some of the Town-owned buildings to lower the tax rate in December. Councilor Marino stated he would not vote for a tax increase. Councilor Vandal stated he would only vote for a 0% tax increase. Councilor Ferron no raise in taxes for six or seven years is the reason the Town is in trouble, and 4% a year for a couple of years would be a good goal. Councilor Nikolla said Southbridge has one of the lowest tax rates in the State of Massachusetts. Councilor Nikolla said there was no other town where a person could live with this level of taxation and enjoy the services that are provided in Southbridge. Councilor Nikolla stated in several surrounding towns residents pay more in property taxes, and have less services. Councilor Nikolla stated it was completely unreasonable to expect no tax increase next year.

Mr. Carlisle described some ways to bring down the tax rate.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Ferron. Vote by show of hands, 8 to 0 in favor. The meeting adjourned at 9:20 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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COUNCIL OF THE WHOLE MEETING, THURSDAY, MAY 11, 2006

A Council of the Whole meeting was held on Thursday, May 11, 2006, in the Larry Hyman Conference Room.

AGENDA ITEM #1. Chairman will call the meeting to order. Chairman Chernisky called the meeting to order at 7:03 p.m.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL.

AGENDA ITEM #3. Vote to amend the Town of Southbridge by-laws by adding Section 41 to Article VIII as follows:

ARTICLE VIII - SECTION 41 Prohibit "Camping" in Motor Vehicles

1. It shall be unlawful for any person to camp or occupy camp facilities in the following areas, except as otherwise provided by Town by-law: (a) Any park; (b) Any public street or way; (c) Any publicly owned parking lot or publicly owned area, improved or unimproved.

For purposes of this regulation, the following definitions are applicable:

(1) "Camp" shall mean to pitch, erect or occupy camp facilities for the purpose of or in such a way as will permit remaining overnight, or parking a trailer, camper or other motor or non-motor vehicle for the purpose of remaining overnight. This shall not include the lawful parking or storage of a recreational vehicle that is not being occupied.

(2) "Camp facilities" shall include, but are not limited to, tents, huts, temporary shelters, or any motor or non-motor vehicle.

2. Any vehicle parked in violation of this Regulation may be towed away at the direction of any Police Sergeant, for the cost of which towing charges the owner will be liable. In addition to such towing charges, the owner may be liable to pay storage charges and fines for violation of these regulations.

3. Violations of this regulation shall be punishable by a fine of $50.00. This regulation may also be enforced by noncriminal disposition in accordance with G.L. c.40, Section 21D and Article I, Section 4 of the Town of Southbridge Revised By-laws. For noncriminal disposition, the enforcing agent shall be the Police Department and the Fine Schedule shall be A, B, and C as set forth in Article I, Section 4.

Second reading.

Chairman Chernisky made the second reading. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept the second reading. Vote by show of hands, 9 to 0 unanimous in favor.

Agenda Item #4. Vote to amend the Town of Southbridge By-laws, Article VIII, Section 37 - Parking Fine Schedule by increasing the fees as follows:

I - VIOLATIONS PAID WITHIN 21 DAYS
GROUP A VIOLATIONS - $25.00 EACH (previously $7.00 each)

• 1. Meter Violation
• 2. Overtime
• 3. More than 12" from curb
• 4. Facing wrong direction
• 5. Diagonal parking
• 6. Loading zone or passenger zone
• 7. Obstructing an excavation.
• 8. Street sweeping
• 9. At Schools
• 10. Taxi Stand
• 11. Bus Stop
• 12. Within 5 feet of private road or driveway
• 13. On or under bridge

GROUP B VIOLATIONS - FINE $35.00 EACH (previously $12.00 each)

• 14. Oversized vehicle
• 15. Double Parking

GROUP C VIOLATIONS - FINE $50.00 EACH (previously $15.00 each)

• 16. Prohibited zone
• 17. Crosswalk
• 18. Winter Parking Ban
• 19. Interfering with snow removal
• 20. Parking on sidewalk
• 21. Within 10 feet of an intersection
• 22. Within 15 feet or opposite Fire Station
• 23. Less than 12 feet unobstructed lane
• 24. Private way so as to obstruct fire apparatus
• 25. Fire lane

GROUP D VIOLATIONS - FINE $75.00 EACH (previously $50.00 each)

• 26. Within 10 feet of fire hydrant

GROUP E VIOLATIONS - FINE $100.00 EACH (previously $100.00 each)

• 27. Handicapped parking

II - GROUP A THROUGH C VIOLATIONS PAID AFTER 21 DAYS AND PRIOR TO REGISTRY OF MOTOR VEHICLE REVIEW-ALL VIOLATIONS $50.00 (previously $20.00)

III - GROUP A THROUGH C VIOLATIONS FINE PAID AT REGISTRY OF MOTOR VEHICLES REVIEW - ALL VIOLATIONS $75.00 (previously $35.00)

Second reading

Chairman Chernisky made the second reading. A motion was made by Councilor Langevin, seconded by Councilor McDonald, to accept the second reading. Vote by show of hands, 9 to 0 unanimous in favor.

A recess was held at 7:08 p.m. to relocate the meeting to the MacKinnon Council Chambers, to accommodate the large number of people at the meeting. The meeting resumed at 7:13 p.m.

Agenda Item #5. Discussion of general Budget topics

• A. Amount of increase in School Department Budget
• B. Tax increase percentage and the Town Council's desire with regard to it
• C. Town Council's wishes on how to balance the Budget

• Maintain FY06 process
• Increase water rate 8% and add $230,000.00 to the School Budget
• Settle the $600,000.00 remaining to be amortized
• Budgetary adjustments
• Property Tax shift
• Others

Discussion was held regarding the Town budget. Mr. Carlisle described the budget process. Mr. Carlisle stated he needed a figure from the Council to give to the School Department. Mr. Carlisle said this number, in his estimate, should fall between $850,000 and $1,100,000. Discussion was held regarding how much to give to the school side. Councilor Marcucci stated this discussion should be held along with the School Committee in a joint Council of the Whole/School Committee meeting. Chairman Chernisky stated he would ask the School Committee to join in a joint meeting on Wednesday, May 17, 2006. Mr. Carlisle stated he wanted to get past the idea of shifting money from other budgets for the schools. Mr. Carlisle stated there had been virtually no change in any other Town budget in the last five years, from either level funding or level service.

Chairman Chernisky recessed the meeting until May 17, 2006, at 7 p.m., in the Robert MacKinnon Council Chambers.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN COUNCIL MEETING, MONDAY, MAY 8, 2006

A meeting of the Southbridge Town Council was held on Monday, May 8, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:05 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE APRIL 24, 2006 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor McDonald read the minutes of the 5/2/06 meeting.
• b. Department of Public Works. Councilor Lazo stated there would be a meeting soon regarding the budget.
• c. Education and Human Services. Councilor Langevin read the minutes of the 5/1/06 meeting. He stated there was a meeting scheduled for 5/10/07, in the Rice Conference Room at 7 p.m., to discuss the Bay Path budget.
• d. Planning and Development. Councilor Vandal stated there was a meeting scheduled for 5/9/06 at 7 p.m. in the Rice Conference Room.
• e. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.
• f. Town Manager. Councilor Marcucci again asked Councilors to provide her or the Chairman with a date to meet with the Town Manager.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky thanked Councilor Ferron for all his work involving the rededication of Henry Street Field to the Edgar "Mac" McCann Memorial Field. Chairman Chernisky thanked the McCann family for all their support in the community.

Chairman Chernisky stated he had sent a letter to the Traffic Engineering Division of the Massachusetts Highway Department regarding speed limits on Pleasant Street. He stated in the letter he was requesting an engineering study be done, specifically from 40 MPH to 30 MPH as the goal. Chairman Chernisky stated he had sent this on his own, and he now wanted Council's support on this letter. Councilor McDonald made a motion that the Town Council supports this letter, seconded by Councilor Langevin.

Councilor Lazo stated this should have gone through the Town Manager, the Protection of Persons and Property Subcommittee, and the Police Department before it was done. Chairman Chernisky stated he signed this as an individual. Councilor Lazo stated this was written on Town letterhead. Councilor Marino asked if this was setting a precedent.

Councilor Marcucci asked if going to subcommittee would change anything in the way of Council support.

Councilor McDonald made a motion to suspend the rules and add the above motioned Agenda Item. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal.

Vote that the Town Council support the letter to the Traffic Engineering Division of the Massachusetts Highway Department, as outlined above, by show of hands 9 to 0 in favor.

Chairman Chernisky stated the Council of the Whole meeting of 5/11/06 currently had two items. The first item was the second reading of the no camping bylaw. The second item pertained to continued discussion of the budget.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the Massachusetts House had finalized the work on the FY2007 budget to include cherry sheet increases for all municipalities. Mr. Carlisle stated this amount was still below the FY02 funding, closer in amount to the FY00 funding. Mr. Carlisle stated the Southbridge share would be an increase in cherry sheet money of $460,000 for FY07. Mr. Carlisle stated the current proposed FY07 budget called for a $250,000 increase in the Town budget and a $550,000 increase in the School budget. Mr. Carlisle stated this additional unforeseen money could be passed by the Council to increase the School budget. Mr. Carlisle stated it was reasonable to believe that this amount would be approved. Mr. Carlisle stated this year's State budget work contained other good news for Southbridge, as a certain methodology for determining school reimbursement was being left in place by the State, whereas there had been concern it would be adjusted to the detriment of the Town.

Mr. Carlisle stated he had attempted to get hold of the man cleaning the area around Carpenter Pond, to recognize him for the magnificent job he was doing.

AGENDA ITEM #7. CITIZENS' FORUM

Warren Goddard of 492 Pleasant Street spoke. He thanked the Chairman for writing the letter. He spoke about the children waiting for buses on Pleasant Street. He stated he had taken laser measurements of Pleasant Street and found it to drop 6 inches in the last six months. He stated tar was pushed into everyone's driveway, causing rivers. He spoke of people having difficulty using their own driveways because of the depression or the lip at the end of their driveway. He stated he had done a core out of the asphalt in the road, and found the road did not meet the criteria for 40 ton vehicles. He stated the culvert carrying water away was cracked all the way through. Mr. Goddard stated he had been informed by the man from the Army Corps of Engineers that it would cost $25,000,000 to repair Pleasant Street. He stated as well that the runoff water was no longer going to the wetlands, and as such they were drying up. Mr. Goddard stated no trucks should be allowed to go through the center of town, and should be diverted to an access road off of Worcester Street. Mr. Goddard stated he had been using his own speed gun and saw many instances of excessive speed.

Councilor Ferron stated he wanted the Town Engineer to see Mr. Goddard's data. Councilor Ferron asked Mr. Goddard if he had a permit to extract the core, and Mr. Goddard stated he did not. Mr. Goddard stated he plugged it back up with tar. Councilor Marcucci stated the time which trucks were going to the landfill needed to be addressed. Mr. Carlisle stated the contract currently stated no time before 7 a.m. Mr. Carlisle stated the road was routinely patrolled by the Landfill Monitor and the Police Department.

Police Chief Charette stated no street in town was getting more traffic enforcement than Pleasant Street. Chief Charette stated he agreed this was a terrible street for trucks. Mr. Carlisle stated he would obtain records from the weight house to help determine the traffic flow and times up Pleasant Street. Councilor Langevin asked the Police Chief to enforce traffic regulations on Pleasant Street.

Ann Marie Weatherby-Lewis of Lebanon Hill Road spoke regarding maintenance at Oak Ridge Cemetery. Chairman Chernisky stated he wanted Councilor McDonald to hold a General Government subcommittee meeting regarding this policy, and to talk to the DPW Director about the policy.

AGENDA ITEM #8 - 15. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF LT. DARYL CAOUETTE, SGT EDWARD GILFOY, SGT JOHN CALCAGNI, OFFICER ELIESETTE RODRIGUEZ, OFFICER KEVIN ARENA, OFFICER ESTEBAN CARRASCO, OFFICER GARY BALDYGA, AND OFFICER STEVEN GIROUX AS AUXILIARY POLICE OFFICERS FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item.

Councilor Lazo stated he appreciated that these people volunteered for this work. Councilor Langevin stated in addition they had to buy their own gear. Chief Charette stated they were only paid if used on a road detail when a regular officer couldn't make it, and the Town only paid for their bullets when they qualified. Chief Charette stated all 12 of this evening's candidates were trained and ready to go.

AGENDA ITEM #8 - 15. VOTE BY SHOW OF HANDS, 9 TO 0 UNANIMOUS IN FAVOR.

AGENDA ITEM #16-19. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF MELISSA ROZZEN, MICHELLE REYES, JEFF LOVELY, AND ROBERT SHELBY AS AUXILIARY POLICE OFFICERS FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Councilor Langevin asked how many this made now, and Chief Charette stated there were now 18, and he hoped to have a total of 25. VOTE BY SHOW OF HANDS, 9 TO 0 UNANIMOUS IN FAVOR.

Chief Charette introduced the new appointees to the Town Council.

AGENDA ITEM #20. VOTE THAT THE TOWN COUNCIL ACCEPTS THE PROVISIONS OF M.G.L. CHAPTER 32, SECTION 20 (6)(a):

• (6) Retirement Board Members Compensation. -
• • (a) The elected and appointed members of any city, town, county, district or authority retirement board upon the acceptance of the appropriate legislative body shall receive a stipend of three thousand dollars per annum; provided, however, that said stipend shall be paid from such funds under the control of said board as shall be determined by the public employee retirement administration; and, provided further, that the ex-officio member of any city, town, county, district or authority retirement board upon the acceptance of the appropriate legislative body shall receive a stipend of not more than three thousand dollars per annum in the aggregate for services rendered in the active administration of the retirement system.

A motion was made by Councilor McDonald, seconded by Councilor Nikolla, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: LANGEVIN, LAZO. MOTION PASSES.

AGENDA ITEM #21. VOTE TO DETERMINE WHETHER THE TOWN OF SOUTHBRIDGE WILL ENTERTAIN A PROPOSAL TO PERMIT THE TOWN OF STURBRIDGE TO MOUNT AN ANTENNAE ON THE DENNISON HILL WATER TANK SPECIFICALLY AND EXCLUSIVELY FOR THE USE OF THE TOWN OF STURBRIDGE'S EMERGENCY COMMUNICATIONS NETWORK. ANY SUCH PROPOSAL WILL BE SUBJECT TO SOUTHBRIDGE'S ZONING BYLAW, AN APPROPRIATE LICENSING OR LEASE AGREEMENT, AND INDEMNIFICATION BY STURBRIDGE FOR ALL WORK PERFORMED OR DAMAGES CAUSED IN THE COURSE OF INSTALLING THE EQUIPMENT. A motion was made by Councilor Nikolla, seconded by Councilor Langevin, to vote this item.

Mr. Carlisle stated Sturbridge had a grant in hand to do this work, which was crucial to their getting this multipart antennae system fully operational. Mr. Carlisle stated this agreement had been sent to the Town's attorneys, and they had come back with this wording. Mr. Carlisle stated Sturbridge was looking for some type of assurance they could obtain this permission. Mr. Carlisle stated any agreement reached had to come back to Council for ratification.

Councilor Lazo reminded other Councilors that with the opening of Old South Street, the Town of Sturbridge had snubbed Southbridge when asked to help open this road. Councilor Lazo stated he would not support this antenna project until Sturbridge helped pay a share of the cost of reopening this road. Councilor Nikolla asked what was in it for Southbridge. Mr. Carlisle stated the Sturbridge Town Administrator had been forewarned this was quid pro quo, and for this permission granted the Town of Southbridge expected something in return. Chairman Chernisky stated he had no problem with the Town Manager approaching Sturbridge and coming back to Council with a proposal.

AGENDA ITEM #21. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #22. VOTE TO AMEND THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING SECTION 41 TO ARTICLE VIII AS FOLLOWS:

ARTICLE VIII - SECTION 41 Prohibit "Camping" in Motor Vehicles

1.It shall be unlawful for any person to camp or occupy camp facilities in the following areas, except as otherwise provided by Town by-law: (a) Any park; (b) Any public street or way; (c) Any publicly owned parking lot or publicly owned area, improved or unimproved.

For purposes of this regulation, the following definitions are applicable:

(1) "Camp" shall mean to pitch, erect or occupy camp facilities for the purpose of or in such a way as will permit remaining overnight, or parking a trailer, camper or other motor or non-motor vehicle for the purpose of remaining overnight. This shall not include the lawful parking or storage of a recreational vehicle that is not being occupied.

(2) "Camp facilities" shall include, but are not limited to, tents, huts, temporary shelters, or any motor or non-motor vehicle.

2. Any vehicle parked in violation of this Regulation may be towed away at the direction of any Police Sergeant, for the cost of which towing charges the owner will be liable. In addition to such towing charges, the owner may be liable to pay storage charges and fines for violation of these regulations.

3. Violations of this regulation shall be punishable by a fine of $50.00. This regulation may also be enforced by noncriminal disposition in accordance with G.L. c.40, Section 21D and Article I, Section 4 of the Town of Southbridge Revised By-laws. For noncriminal disposition, the enforcing agent shall be the Police Department and the Fine Schedule shall be A, B, and C as set forth in Article I, Section 4.

First reading.

Chairman Chernisky made the first reading.

Councilor McDonald asked about certain sanctioned events, like the Relay for Life which had people spending the night in tents in a fundraising effort. Mr. Carlisle stated in the entire document of the bylaw there were abilities granted. Councilor Marino asked about the police sergeant part, and Mr. Carlisle stated this was consistent with the winter parking bans, and that a sergeant would check the work of the patrolman and the towing company.

AGENDA ITEM #22. Vote by show of hands, 9 to 0 unanimous in favor.

A recess was held at 8:20 p.m., and the meeting resumed at 8:32 p.m.

AGENDA ITEM #23. VOTE TO AMEND THE TOWN OF SOUTHBRIDGE BY-LAWS, ARTICLE VIII, SECTION 37 - PARKING FINE SCHEDULE BY INCREASING THE FEES AS FOLLOWS:

I - VIOLATIONS PAID WITHIN 21 DAYS
GROUP A VIOLATIONS - $25.00 EACH (previously $7.00 each)

• 1. Meter Violation
• 2. Overtime
• 3. More than 12" from curb
• 4. Facing wrong direction
• 5. Diagonal parking
• 6. Loading zone or passenger zone
• 7. Obstructing an excavation.
• 8. Street sweeping
• 9. At Schools
• 10. Taxi Stand
• 11. Bus Stop
• 12. Within 5 feet of private road or driveway
• 13. On or under bridge

GROUP B VIOLATIONS - FINE $35.00 EACH (previously $12.00 each)

• 14. Oversized vehicle
• 15. Double Parking

GROUP C VIOLATIONS - FINE $50.00 EACH (previously $15.00 each)

• 16. Prohibited zone
• 17. Crosswalk
• 18. Winter Parking Ban
• 19. Interfering with snow removal
• 20. Parking on sidewalk
• 21. Within 10 feet of an intersection
• 22. Within 15 feet or opposite Fire Station
• 23. Less than 12 feet unobstructed lane
• 24. Private way so as to obstruct fire apparatus
• 25. Fire lane

GROUP D VIOLATIONS - FINE $75.00 EACH (previously $50.00 each)

• 26. Within 10 feet of fire hydrant

GROUP E VIOLATIONS - FINE $100.00 EACH (previously $100.00 each)

• 27. Handicapped parking

II - GROUP A THROUGH C VIOLATIONS PAID AFTER 21 DAYS AND PRIOR TO REGISTRY OF MOTOR VEHICLE REVIEW-ALL VIOLATIONS $50.00 (previously $20.00)

III - GROUP A THROUGH C VIOLATIONS FINE PAID AT REGISTRY OF MOTOR VEHICLES REVIEW - ALL VIOLATIONS $75.00 (previously $35.00)

First reading

A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept this first reading.

Councilor Vandal asked about the double lines with a handicapped parking spot, and Chief Charette stated anything within the lines on either side was a prohibited zone for other than the handicapped.

Chairman Chernisky stated he was concerned that some of these fines were going up more than 300%. He stated also the Town had begun with stricter enforcement of parking on Elm Street, and now with the fine going from $7 to $25, and the snow ban going from $15 to $50. Councilor Marcucci stated people needed to pay more attention and obey the laws.

AGENDA ITEM #23. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #24. VOTE TO RATIFY A CONTRACT WITH BORGES CONSTRUCTION ACCORDING TO UNIT PRICES AS BID NOT TO EXCEED GRANT AMOUNT OF $120,000.00 FOR SIDEWALK CONSTRUCTION ON WEST STREET. FUNDING PROVIDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Councilor Lazo asked if there had been three bids, and Mrs. Acly stated there were actually four. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #25. VOTE TO RATIFY A CONTRACT WITH BORGES CONSTRUCTION ACCORDING TO UNIT PRICES AS BID NOT TO EXCEED GRANT AMOUNT OF $232,332.00 FOR SIDEWALK CONSTRUCTION ON SCHOOL STREET AND A PORTION OF THE NORTHERLY SIDE OF MAIN STREET BETWEEN WALNUT AND FOSTER STREETS. FUNDING PROVIDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #26. VOTE TO AUTHORIZE THE TOWN MANAGER TO SIGN THE WATER AUDIT GRANT AGREEMENT FOR A TOTAL PROJECT AMOUNT OF $36,465.00, $25,000.00 FROM THE GRANT AND $11,465.00 FOR THE TOWN'S MATCH TO BE PAID FROM WATER ACCOUNT PROFESSIONAL SERVICES ACCOUNT #610.0450.5300.0.573 A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Mr. Carlisle stated the audit was to determine water loss, which were now between 9 and 14% of the water pumped. Mr. Carlisle stated this audit was to look for leaks. Mr. Carlisle stated the DPW had been able to qualify the Town for a $25,000 grant, with the Professional Services account taking the matching amount of $11,465, if the Council votes. This audit would then be bid out.

AGENDA ITEM #26. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #27. BE IT RESOLVED THAT THE TOWN COUNCIL SEEK TO OPTIMIZE ANY SOLUTION WHICH WILL DETERMINE THE BEST TRAFFIC MITIGATION PLAN FOR THE INTERSECTION OF MAIN STREET AND OLD STURBRIDGE ROAD BEGINNING WITH THE FUNDING OF AN ENGINEERING STUDY TO BE APPROPRIATED FROM CHAPTER 90 MONIES WHEN TOWN COUNCIL VOTES ON THE RATIFICATION OF THE CONTRACT FOR THE ENGINEERING FIRM SELECTED. A motion was made by Councilor Lazo, seconded by Councilor Nikolla, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #28. BE IT RESOLVED THAT THE TOWN COUNCIL SEEKS TO OPTIMIZE A SOLUTION, WHICH SHOULD CONSIDER THE FOREST AVENUE PROPERTY OF RADIUS HEALTH, THE GOOD ALIGNMENT WITH GODDARD STREET AND THE PARKING LOT ON DRESSER STREET AND THAT THE MANAGEMENT OF RADIUS HEALTH CONSIDER STAGGERING THEIR EMPLOYEE SHIFT CHANGES TO MINIMIZE THE FRICTION IN PARKING SPACE USE. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #29. BE IT RESOLVED THAT THE TOWN COUNCIL SHALL INFORM THE PLANNING BOARD AND RADIUS HEALTH MANAGEMENT OF THE TOWN COUNCIL SUPPORT OF THE PROJECT AND INTEREST IN RESOLVING THE PARKING ISSUES. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #30. VOTE TO AMEND THE PARKING REGULATION FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00123 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "NO PARKING" ZONE ON THE WESTERLY SIDE OF PROSPECT STREET BEGINNING AT THE INTERSECTION OF HARTWELL STREET, THENCE SOUTHERLY A DISTANCE OF 721 FEET PLUS/MINUS TO THE INTERSECTION OF WOODLAND STREET. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #31. VOTE TO AMEND THE PARKING REGULATION FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00124 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "NO PARKING" ZONE ON THE EASTERLY SIDE OF PLIMPTON STREET BEGINNING APPROXIMATELY 515 NORTH OF ROBERT STREET, THENCE NORTHERLY A DISTANCE OF 1,565 FEET PLUS/MINUS TO THE END OF PLIMPTON STREET. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Councilor Vandal asked why it wasn't on both sides of the road. Chief Charette said indeed in subcommittee it had been agreed both sides. A motion was made to amend AGENDA ITEM #31 to read both sides by Councilor Lazo, seconded by Councilor Vandal. Vote to amend by show of hands 9 to 0 in favor.

AGENDA ITEM #31. (AS AMENDED) VOTE TO AMEND THE PARKING REGULATION FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00124 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "NO PARKING" ZONE ON BOTH SIDES OF PLIMPTON STREET BEGINNING APPROXIMATELY 515 NORTH OF ROBERT STREET, THENCE NORTHERLY A DISTANCE OF 1,565 FEET PLUS/MINUS TO THE END OF PLIMPTON STREET. VOTE BY SHOW OF HANDS, 9 TO 0 UNANIMOUS IN FAVOR.

AGENDA ITEM #32. DISCUSSION OF GENERAL BUDGET TOPICS

• A. Amount of increase in School Department Budget
• B. Tax increase percentage and the Town Council's desire with regard to it
• C. Town Council's wishes on how to balance the Budget

• Maintain FY06 process
• Increase water rate 8% and add $230,000.00 to the School Budget
• Settle the $600,000.00 remaining to be amortized
• Budgetary adjustments
• Property Tax shift
• Others

Mr. Carlisle described last year's budget process. He stated he anticipated a 6% increase in November, compared to a 12% increase last year. Mr. Carlisle stated the first step was to give a certifiable budget, which he stated with a reasonable effort would be no problem. Mr. Carlisle stated he felt the Town could come up with an additional $450,000 to $500,000 by Thanksgiving to put toward the tax rate. Mr. Carlisle stated after achieving the School Budget vote then the work would be to bring down taxes. Mr. Carlisle stated it was important to let the School Department know, so they could set staffing for the 2007 school year. Mr. Carlisle stated because of the predicted increase in the State cherry sheet it looked like the Town had a hard and fast number of $917,000 to push to the schools. Mr. Carlisle stated he disagreed with the budget presented by the School Superintendent in that the Town was not able to follow some of the calculations and not able to quantify some of the measures within the School budget. Mr. Carlisle stated he believed between $850,000 and $1,050,000 there was a proper amount to transfer to the School side. Mr. Carlisle stated he believed that more money to the schools would help them relieve their State-declared underperforming status. Mr. Carlisle stated with the increased Chapter 70 moneys the Town would be looking to hold its increase to $250,000, with the School side increase going from $550,000 to about $1,000,000, and this approval would allow the Town to complete its budget work at the end of May and start looking for ways to drive down the tax rate.

Mr. Carlisle stated he didn't feel comfortable paying off the amortization, and rather would advise paying only the required amount in FY07.

Mr. Carlisle stated the Town was 20 days away from the deadline to settle the budget and send it to the State, and he was ready to pick up the issue with the Council and work toward a resolution.

Councilor Vandal stated he didn't want to balance the budget on the backs of taxpayers, and he would rather make some cuts and raise taxes only as a last resort. Councilor Marino stated for the last few years there had been raises in taxes, as well as water and sewer rates. He stated the schools needed technology and other materials. He stated the School budget called for new program coordinators, and he was concerned about duplication of effort at such a high cost. Councilor Marino stated he had no problem bringing back classroom teachers, but not coordinators. Councilor Marino asked the Town Manager to predict the School budget increase, and Mr. Carlisle stated $1 million. Mr. Carlisle stated this could be achieved now with a vote, and then work until December to bring down taxes. Mr. Carlisle stated he wanted a tax rate below the levy limit. Mr. Carlisle stated the only amount of free cash to provide for the end of the year was $300,000 to pay off the amortized amount. Mr. Carlisle stated he felt safer with $300,000 in the Stabilization Fund for the paydown. Councilor Marino stated whomever was the next State Representative should work toward changing the Special Education system.

Councilor Langevin asked how much the tax increase was since 2001. Mr. Carlisle stated it was 22 to 24%. Councilor Langevin stated there was no way the Town could give the requested $2 million to the School side, and he believed there was extra money in the proposed School budget as well. Councilor Langevin stated there were great Town services, and if there were cutbacks on the Town side then the public needed to know there would be a cut in services. Councilor Langevin stated for a resident of Southbridge the town was a bargain for the amount of services received for the tax rate the town has.

Councilor Ferron asked about the technology money for the schools, and whether this was part of the increase in the school budget. Mr. Carlisle stated no, and that this need would be paid for with a borrowing through State House notes, and the figure last presented for next year was $350,000. Councilor Ferron asked if there would be a way to save money for the future, and Mr. Carlisle stated this budget, as with the past few years, had used up free cash to drive down the tax rate. Mr. Carlisle stated hopefully FY08 would be the last of the killer budget. Councilor Ferron stated he wanted a low limit on increasing taxes. Mr. Carlisle stated the most taxes could be raised is 10%, based on the levy limit. Mr. Carlisle stated for FY08 he believed the amount would be between 5 and 10%. Mr. Carlisle stated the Council had trusted him last year with a 20% increase in settling the budget and the actual increase had been 12%, and that he wanted the Council to trust him this year with a 10% increase to hopefully drive down to 5 or 6%.

Councilor Vandal asked where the increase went last year, and Mr. Carlisle described some of the increased costs of running the Town last year.

Chairman Chernisky stated he wanted equality in determining each Town budget, and Mr. Carlisle stated the first step was the School budget.

AGENDA ITEM #33. COUNCILORS' FORUM

Councilor Lazo stated he had read the minutes of the 4/17/06 Planning Board meeting, and asked if there would be another Council meeting shortly on the access road. Chairman Chernisky stated this would be held in Executive Session.

Councilor Lazo said the signs for the Central Street businesses look nice.

Councilor Lazo thanked the Town Manager and the Police Department for their professionalism in having the van people removed.

Councilor Marino stated people on Maria Ave and Therese Ave were concerned about safety, and wanted pedestrian signs posted in the area. He stated he wanted this to go to subcommittee.

Councilor Marino asked about the park benches on the Town Common. Mr. Carlisle stated the benches had been selected and were on order, and the contract was signed and back from the contractor. Mr. Carlisle stated the goal was to have them completed by the start of the summer concert season.

Councilor Marino stated he wanted the Town Manager to write a letter of apology to one of his tenants at 50 Elm Street for they way they were treated by the Town.

Chairman Chernisky asked about the pedestrian signs on Therese/Maria Ave, and Mr. Carlisle stated he believed there was a memo from the DPW describing potential restrictions to a crosswalk. Councilor Marino asked if a 4-way stop at Therese Ave and Cedar Street was feasible.

Councilor McDonald stated the parking space added on Elm by Park Street made it difficult to turn, and he wanted this looked into.

Councilor McDonald asked the Town Manager to remind Casella that the trash haulers needed to return empty trash barrels to the curbs.

Councilor Vandal stated the loose dogs on Thomas Street were still getting into the trash, and perhaps the dog officer could look into this.

Councilor Vandal asked about three properties that were boarded up and appeared to be abandoned, specifically the former Elm Cafe, the multifamily on Worcester Street near the Texaco Station, and the property between the old Tradewinds building and the church on Morris Street.

Councilor Vandal stated the lights were being left on all night at the Charlton Street Field, and he wanted this looked into.

Councilor Vandal stated someone had called about a town vehicle cleaning catch basins on Morris Street after 10 p.m.

Councilor Vandal stated four-wheelers were using the end of Plimpton Street, particularly on weekends.

Councilor Nikolla stated she wanted to revisit the sale of 118 acres of town-owned property near Cohasse Country Club, as a member of the prevailing side in the previous Town Council vote. Chairman Chernisky stated he would put this back on a Council agenda. Mr. Carlisle stated he would prepare what little information he had on this. Mr. Carlisle stated things may have changed, and any sale would most likely impact the FY08 budget. Mr. Carlisle stated there were several issues. Councilor Nikolla stated we may have been shortsighted in not approving this sale, but the Town could not keep parceling off land, and needed to increase revenues with other sources such as an industrial park. Councilor Nikolla stated Pleasant Street was never built with truck traffic in mind.

Councilor Ferron thanked everyone who helped make the Edgar McCann sign for the dedication. He thanked Marshall Morse of Morse Lumber for donating wood, and Aubuchon Hardware for concrete and pain, as well as the man from Globe Sign, and Mark Morin for carpentry help.

Councilor Ferron stated a resident on Plimpton Street was concerned about motorcycles, and the safety of children in the area, and also that some kids were riding without helmets.

Councilor Ferron stated by thanking the Charlton Fire Department in the last meeting, he didn't mean to offend the local fire department.

Councilor Langevin asked the Town Manager when the capital plan would be put together. Mr. Carlisle stated there were a few more pieces out there, and he would be starting with a draft in the near future.

Councilor Langevin asked about the letter from the Landfill Monitor, specifically the staffing of the yard debris collection site at Southbridge Tire on Saturdays. Ms. Smith stated the pay for this staffing came from the Enterprise Fund, and for the most part the Saturday drop-off seemed to be working, but some were leaving plastic bags and even other MSW at the site. Ms. Smith stated signs were being ordered with the restrictions posted, which would be placed next week. Councilor Langevin asked the public to do the right thing and not to ruin this very good program.

Councilor Langevin stated the Central Street signs looked nice, but they seemed a little high up.

Councilor Langevin stated the Town needed to be proactive in attracting business to the area.

Chairman Chernisky stated he too had heard complaints about off road vehicles on Plimpton Street, including that these vehicles were ruining the wooden walk bridge which had been installed over the brook.

Chairman Chernisky asked if the Saturday monitoring of the yard debris site could be done by senior tax rebate people.

Chairman Chernisky stated the new batting cages were in the Armory, and this needed to be marketed and there should be no charge for town little leagues. Chief Charette stated the Lassie League used the facility on their opening day, and prices had been set at half price of any other like facility. Chief Charette stated the idea was to make them as cheap to use as possible, and ultimately to earn just enough to keep the building self sustaining.

Chairman Chernisky stated if a full capital plan was not ready by the end of the month the Council could still move forward with the School budget.

Chairman Chernisky stated he wanted at the next meeting to have someone from Camp, Dresser, and McKee come give an analysis of the financials received from Casella. Mr. Carlisle stated in the last week or two a draft had come in, and he and the Town Accountant would review this.

AGENDA ITEM #34. Discussion of the next meeting date. Councilor McDonald recommended 5/22/06 as the next meeting date, seconded by Councilor Lazo. Vote by show of hands, all in favor.

A motion was made to adjourn by Councilor Ferron, seconded by Councilor Langevin. Vote by show of hands, unanimous in favor.

The meeting adjourned at 9:50 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN COUNCIL MEETING, MONDAY, APRIL 24, 2006

A meeting of the Southbridge Town Council was held on Monday, April 24, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:03 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE APRIL 10, 2006 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor McDonald read the minutes of the April 18, 2006 subcommittee meeting.
• b. Department of Public Works. Councilor Lazo stated there would be a meeting shortly on the Town budget.
• c. Education and Human Services. Councilor Langevin stated there was an upcoming meeting on May 1st regarding the School budget, and another meeting on May 4th regarding all the other budgets covered by the EHS Subcommittee.
• d. Planning and Development. Councilor Vandal stated there would be a meeting soon regarding lot sizes.
• e. Protection of Persons and Property. Councilor Ferron stated there was a meeting scheduled for April 25th. Councilor Marino stated he wanted to add discussion about the homeless van to that subcommittee meeting.
• f. Town Manager. Councilor Marcucci stated in the prior Town Manager Subcommittee meeting each Councilor had been instructed to have individual or small group discussions with the Town Manager. Councilor Marcucci asked Councilors to let her or the Chairman know when they wanted this arranged.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated this coming Sunday on 4/30/06, the Harrington Memorial Hospital annual duck race was being held at Westville Lake, and he invited everyone to attend this fundraising event.

Chairman Chernisky stated Officer Dan Southall and his police dog Holly had been nominated for recognition on the television show America's Most Wanted, and the way the winner was determined was via internet voting, with a one week time frame for voting. Chairman Chernisky urged everyone with a computer to vote for Officer Southall.

Chairman Chernisky stated May 4, 2006 was the National Day of Prayer. He stated this was being sponsored locally by the Ecumenical Fellowship.

Chairman Chernisky stated this coming Saturday, 4/29/06, at 9 a.m., was the start of the Little League Parade. Councilor Ferron described the parade, and this year's installation and renaming of the Henry Street Field to the Edgar "Mac" McCann Field.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the sweeping season for the Town's streets was going along well, with cooperative weather. Mr. Carlisle stated the rental for the additional sweeper ended in May. Mr. Carisle stated the DPW was providing weekly reports on which streets were swept. Mr. Carlisle reminded the public not to park on streets where a sign was posted for street sweeping.

Mr. Carlisle stated the Workforce Career Center had moved from Dudley to 5 Optical Drive, in the American Optical complex. He stated it was up and running, and provided job placement help.

Mr. Carlisle stated a representative from the United States Department of Agriculture was in town on Thursdays, to discuss with anyone home financing plans. Mr. Carlisle stated interested parties could call the Department of Economic Development to schedule an interview.

Mr. Carlisle stated on 4/19/06 the Navy Concert Band had performed for over 100 people at the Wells Middle School.

Mr. Carlisle stated on 4/13/06 the annual Foodshare Radiothon had taken place, with a record amount of $22,000 raised with the event, as well as over 100 pounds of food donated at the Senior Center and Big Bunny Market sites. Mr. Carlisle stated he was delighted by the good turnout.

Mr. Carlisle stated the State had told the Town that the $120,000,000 annual Transportation Bill had been freed up, and the share of this money for the Town of Southbridge was $303,914, to be put into road work for the next year or two.

AGENDA ITEM #7. CITIZEN'S FORUM

David Livengood of North Woodstock Road spoke, stating he was running for a seat on the Town Council in the June election. Mr. Livengood discussed the benefit of an access road, and stated if elected he would be voting to install the access road.

AGENDA ITEM #8. VOTE THAT THE TOWN ACCEPTS THE GIFT OF NEW BLEACHERS FROM THE SOUTHBRIDGE SOFTBALL ASSOCIATION AND THAT THE TOWN MANAGER IS AUTHORIZED TO ENTER INTO A LICENSE AGREEMENT FOR THE PURPOSE OF REMOVING AND INSTALLING THE BLEACHERS. THE LICENSE BEING INCLUSIVE OF INDEMNIFICATION AND INSURANCE. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item.

Councilor Lazo stated they were impressive bleachers. Councilor Langevin stated the Southbridge Softball Association does a great job of keeping up the field. Councilor Langevin stated there was a man who was working at clearing back the brush and making the pond look nice again, and clearing the perimeter for better access to walk around.

AGENDA ITEM #8. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #9. VOTE THAT THE TOWN COUNCIL ACCEPTS THE PROVISIONS OF M.G.L. CHAPTER 32, SECTION 20(6)(a):

• (6) Retirement Board Members Compensation -
• (a) The elected and appointed members of any city, town, county, district or authority retirement board upon the acceptance of the appropriate legislative body shall receive a stipend of three thousand dollars per annum; provided, however, that said stipend shall be paid from such funds under the control of said board as shall be determined by the public employee retirement administration; and, provided further, that the ex-officio member of any city, town, county, district or authority retirement board upon the acceptance of the appropriate legislative body shall receive a stipend of not more than three thousand dollars per annum in the aggregate for services rendered in the active administration of the retirement system.

A motion was made by Councilor Marcucci, seconded by Councilor Langevin, to vote this item.

Peter Hapgood, the appointed member of the Southbridge Retirement Board, spoke on this issue. He described his involvement, and the workings of the board. He stated the board was working toward fully funded status by the year 2028. Councilor Vandal asked where this money would come from. Mr. Hapgood stated it was budgeted by the board and not the town. Councilor Langevin asked how many hours per week of work was done by board members. Mr. Hapgood said about 10 or 15 hours per month.

Councilor McDonald made a motion to send this item to subcommittee for review, seconded by Councilor Lazo. Vote on the motion to refer AGENDA ITEM #9 to subcommittee for further review, by roll call. Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Motion passes.

AGENDA ITEM #10. VOTE THAT THE TOWN COUNCIL DECLARES AS SURPLUS AND UNNEEDED FOR MUNICIPAL PURPOSES THE TWO RESIDENTIAL STRUCTURES LOCATED ON THE PARCELS KNOWN AS 887 WORCESTER STREET, ASSESSOR'S MAP 3, LOT 29, AND 811 WORCESTER STREET, ASSESSOR'S MAP 3, LOT 23, IN THE TOWN OF SOUTHBRIDGE, AND THAT THE TOWN COUNCIL FURTHER AUTHORIZES THE TOWN MANAGER TO DISPOSE OF THE SAME BY COMPETITIVE SEALED BIDS OR PUBLIC AUCTION IN COMPLIANCE WITH G.L. c. 30B, SECTION 15, AND TO EXECUTE ANY AND ALL CONTRACTS AND DOCUMENTS IN RELATION THERETO. A motion was made by Councilor Ferron, seconded by Councilor Marcucci, to vote this item.

Councilor Langevin stated he was abstaining from AGENDA ITEM #10 and #11 because if lived in close proximity to the site.

Mr. John Schwalbe of Casella Waste Systems spoke next. He described how the Town Council at subcommittee had requested Casella to investigate whether a water runoff basin could be located somewhere other than the proposed location. Mr. Schwalbe stated an alternate system of water runoff management could be devised at another location, which was located at a point connecting Massachusetts Ave to the site of the electrical easement. Mr. Schwalbe stated this different site would allow one of the two buildings slated for public auction to remain in place. Specifically, this allowed 887 Worcester Street to remain in place. Mr. Schwalbe stated this revised water runoff system could use the State water drain, but would still require a basin, although the new basin would be much shallower. Mr. Schwalbe described using stepdown dams constructed of rock which would slow the water and allow the silt to settle.

Councilor Marino asked who would pay for this work. Mr. Carlisle stated the Administrative Consent Order called for Casella to be responsible for the poles and wires, and it was the Town's responsibility to use any Town authority to nurture the effort to provide electrical service to the Town's landfill. Mr. Carlisle stated to the best of his knowledge the Town had budgeted no money for this effort. Mr. Carlisle stated the Town did acquire an interest in the Grove Realty parcel of property, half by sale and half by imminent domain per a vote of the Council. Mr. Carlisle stated in both these cases Casella was paying both the legal and realty costs. Councilor Marino asked if it would ever cost the Town anything. Mr. Carlisle stated the Town owned all the property in the utility easement.

Councilor Ferron asked if this change meant both houses could stay until after the election. Mr. Schwalbe stated in order to comply with the Memorandum of Understanding that obligated Casella to the ACO, there was not the time to wait. Mr. Schwalbe stated the water dam system would replace pools of water, and where with the prior design it could take up to two days for the basin to dry out, with the new system it would take an hour. Mr. Schwalbe described the fencing in of the basin area, and again stated Casella would work with the neighbors to pick out shrubs and plant them around the basin fence.

Councilor Vandal asked if all these changes in the plan could be carried out without the approval of the DEP. Mr. Schwalbe stated this work would be done within the parameters of the permit. Councilor Vandal asked if Casella had a DEP permit, and Mr. Schwalbe stated the Town does, and he iterated Casella worked under the instruction of the MOU.

Councilor Lazo asked Mr. Schwalbe the distance from the curb on Route 169 to the basin, and the distance to the house on the left. Mr. Schwalbe stated it was roughly 35 to 40 from Route 169, and roughly 50 feet from the home on the immediate left.

Councilor Marino asked if this new plan for water runoff would connect with the road, and Mr. Schwalbe stated it would connect with the utility easement path going up.

Councilor Lazo asked if this line was just for Casella. Mr. Carlisle stated it would carry power as far as the landfill. Councilor Lazo asked if the road was passed, then would more electrical service be run off this easement. Mr. Carlisle stated if the Town owned land on either side of the electrical easement were ever developed, then stepdown transformers could be installed to allow electrical service to buildings on this land. Councilor Lazo asked if this service would be from the same easement, and Mr. Schwalbe stated yes.

Councilor Marcucci asked Mr. Schwalbe to address any safety concerns with the new proposed water basin, and to address any issues of odor coming from the basin. Mr. Schwalbe stated the additional fence and landscaping would address any safety concerns, and the new basin was designed to drain in a matter of half an hour or an hour, rather than a couple of days. Councilor Marucci asked how large a basin, and Mr. Schwalbe stated about 50 x 75 feet.

Councilor Vandal stated Casella should buy the houses.

Councilor McDonald asked what plans Casella had to camouflage the basin from the house on the left. Mr. Schwalbe stated landscaping three-quarters around the basin would be done. Councilor McDonald asked about the cleared area for the utility easement, and Mr. Schwalbe stated this too would be worked on, with rocks potentially being moved around. Mr. Schwalbe described that any land in the easement that did not provide utility repair vehicle access would be smoothed over and planted with grass.

Diane Pion of Worcester Street described how living across from this site was potentially harmful to her husband, who had a lung disorder and often had to wear a mask. Also, she stated she had an 8-year-old son, and expressed concern regarding his safety and the basin. She stated she hoped the utility easement didn't provide easy access for off road vehicles.

Chairman Chernisky called a recess at 8:13 p.m. The meeting resumed at 8:24 p.m.

Councilor McDonald made a motion to amend AGENDA ITEM #10 to read as follows: AGENDA ITEM #10. VOTE THAT THE TOWN COUNCIL DECLARES AS SURPLUS AND UNNEEDED FOR MUNICIPAL PURPOSES THE ONE RESIDENTIAL STRUCTURE LOCATED ON THE PARCELS KNOWN AS 811 WORCESTER STREET, ASSESSOR'S MAP 3, LOT 23, IN THE TOWN OF SOUTHBRIDGE, AND THAT THE TOWN COUNCIL FURTHER AUTHORIZES THE TOWN MANAGER TO DISPOSE OF THE SAME BY COMPETITIVE SEALED BIDS OR PUBLIC AUCTION IN COMPLIANCE WITH G.L. c. 30B, SECTION 15, AND TO EXECUTE ANY AND ALL CONTRACTS AND DOCUMENTS IN RELATION THERETO. This motion was seconded by Councilor Nikolla. VOTE TO AMEND AGENDA ITEM #10 -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. COUNCILORS ABSTAINING: LANGEVIN. MOTION TO AMEND PASSES.

AGENDA ITEM #10 (AS AMENDED). VOTE THAT THE TOWN COUNCIL DECLARES AS SURPLUS AND UNNEEDED FOR MUNICIPAL PURPOSES THE ONE RESIDENTIAL STRUCTURE LOCATED ON THE PARCELS KNOWN AS 811 WORCESTER STREET, ASSESSOR'S MAP 3, LOT 23, IN THE TOWN OF SOUTHBRIDGE, AND THAT THE TOWN COUNCIL FURTHER AUTHORIZES THE TOWN MANAGER TO DISPOSE OF THE SAME BY COMPETITIVE SEALED BIDS OR PUBLIC AUCTION IN COMPLIANCE WITH G.L. c. 30B, SECTION 15, AND TO EXECUTE ANY AND ALL CONTRACTS AND DOCUMENTS IN RELATION THERETO. A motion was made by Councilor McDonald, seconded by Councilor Nikolla, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. COUNCILORS ABSTAINING: LANGEVIN. MOTION PASSES.

AGENDA ITEM #11. VOTE THAT THE COUNCIL DECLARES AS SURPLUS AND UNNEEDED FOR MUNICIPAL PURPOSES THE TWO RESIDENTIAL STRUCTURES LOCATED ON THE PARCELS KNOWN AS 887 WORCESTER STREET, ASSESSOR'S MAP 3, LOT 29, AND 811 WORCESTER STREET, ASSESSOR'S MAP 3, LOT 23, IN THE TOWN OF SOUTHBRIDGE, AND THAT THE TOWN COUNCIL FURTHER AUTHORIZES THE TOWN MANAGER TO DISPOSE OF THE SAME BY DEMOLITION AND REMOVAL IN COMPLIANCE WITH M.G.L., AND TO EXECUTE ANY AND ALL CONTRACTS AND DOCUMENTS IN RELATION THERETO. A motion was made to skip AGENDA ITEM #11 by Councilor Ferron, seconded by Councilor McDonald. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #12. COUNCILORS' FORUM

Councilor Lazo congratulated Glenn Ethier of the DPW for completing a supervisory leadership course.

Councilor Lazo stated there were four-wheelers using the area around the McCann Field at around 3 or 3:30 p.m., and he wanted the police to look into this.

Councilor Lazo stated he wanted the Building Inspector or the Health Inspector to look into trash on the sidewalks on Franklin Terrace.

Councilor Lazo described action he wanted accomplished, and made a motion to suspend the rules and add an agenda item to tonight's meeting, seconded by Councilor Marino. Vote by roll call, Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal.

Councilor Lazo made a motion that the Town Council direct the Town Manager to instruct the Police Chief to enforce the two hour parking rule on Elm Street, beginning immediately after the meeting. This was seconded by Councilor Marino.

Police Chief Charette stated this was going to be discussed at tomorrow's PPP Subcommittee meeting. Chief Charette stated he had researched the issue with the people living with in the van extensively. Chief Charette stated he believed he had an appropriate and legal method to have the van people leave Elm Street, and it would be brought up at subcommittee.

Councilor Marino asked if the dog in the van was licensed, and Chief Charette stated it was licensed in Brookfield and was recognized as licensed in Southbridge until June 1, 2006. Councilor Marino stated the dog's owner should use a pooper scooper in the Town park, and it was unfair the tenants from his building were getting ticketed and these people weren't. Councilor Lazo stated he had spoken with Selectwoman Irene Martel of Webster, where they had parked before, and she told him to be persistent. Councilor Ferron asked if the illegally parked van was being ticketed now, and Chief Charette stated at least once a day. Mr. Carlisle stated this effort needed to be done in a consistent manner, and at the PPP Subcommittee he believed a very direct approach would be presented.

Motion that the Town Council direct the Town Manager to instruct the Police Chief to enforce the two hour parking rule on Elm Street, beginning immediately after the meeting (as added above). Vote -- by roll call -- Councilors in favor: Chernisky, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Councilors opposed: Ferron. Motion passes.

Councilor Lazo made a motion to suspend the rules to add an agenda item, concerning the fence on Morris Street as described in a prior meeting. Chairman Chernisky stated the Council didn't have the authority to appropriate funds, and could recommend only to include in the budget. Councilor Lazo then recommended as such.

Vote to suspend the rules to add an agenda to tonight's meeting (second added item). Vote -- by roll call -- Councilors in favor: Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Councilors opposed: Chernisky, Ferron, and Langevin. Vote passes.

Vote to recommend the Town Manager add repair of the fence near 161 Morris Street, to prevent stray balls, etc. from damaging the property, to the Town's FY07 budget. A motion was made by Councilor Lazo, seconded by Councilor Marino, to vote this item.

Mr. Carlisle stated on 4/1/05 Councilor Lazo had submitted a request to figure out how much this would cost. Mr. Carlisle stated on 4/8/05 this amount of approximately $1,600 went back to Councilor Lazo, and nothing was done. Mr. Carlisle stated a lack of follow through by the Councilor caused this delay. Mr. Carlisle stated also that the property owned by the Town has been a long-standing basketball court, and cars parked on the left and right are some distance away. Mr. Carlisle stated last year the Council put many things aside because of the budget crisis.

Vote on 161 Morris Street fencing -- by roll call -- Councilors in favor: Langevin, Lazo, Marino, McDonald, Nikolla, and Vandal. Councilors opposed: Chernisky, Ferron, and Marcucci. Vote passes.

Councilor Marino stated he had received calls from residents about the West Street traffic lights, and asked that the DPW look at the lights to see if there was any way to improve their efficiency.

Councilor Vandal stated he wanted an update on the trash in the Quinebaug River near Mill Street. Mr. Carlisle stated the DPW Director had responded to that as part of the Councilor packet.

Councilor Vandal asked about the trash on the empty lot on Thomas Street.

Councilor Vandal stated Maria Ave is in dire need of a crosswalk from the office to across the street.

Councilor Vandal stated he wanted to discuss in tomorrow night's PPP subcommittee meeting the possibility of a traffic light at the corner of Old Sturbridge Road and Route 131.

Councilor Vandal asked about the four different collective bargaining dates on the sheet, and the Town Manager stated they were for the School Committee.

Councilor Ferron stated the Optimist's Club was doing their annual baseball skills competition on the same day of the Little League Parade, at 11 a.m., and anyone of a certain age could participate.

Councilor Ferron thanked the Charlton Fire Department for helping with the fire on Brookside, Road.

Councilor Langevin stated residents of Brookside Terrace wanted a crosswalk to extend over Dresser Hill Road, to allow walking access to the Big Y Plaza.

Councilor Langevin, iterated the need for a crosswalk on Maria Ave, and he also wanted a 'slow pedestrian' sign looked into.

Councilor Langevin stated he had spoken with the Police Chief regarding four-wheelers driving on Henry Street.

AGENDA ITEM #13. Discussion of next meeting date. Councilor McDonald recommended May 8th, 2006 as the next meeting date, seconded by Councilor Langevin. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #14. Vote to enter Executive Session to consider the discipline or dismissal of, or to hear complaints or charges brought against a public officer, employee, staff member or individual and to reconvene for the sole purpose of adjournment only. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal, 9 to 0 unanimous in favor.

The meeting entered Executive Session at 8:57 p.m. The meeting left Executive Session at 9:47 p.m. A motion was made to adjourn by Councilor McDonald, seconded by Councilor Langevin. Vote by show of hands, 9 to 0 in favor. The meeting adjourned at 9:47 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN COUNCIL MEETING, MONDAY, APRIL 10, 2006

A meeting of the Southbridge Town Council was held on Monday, April 10, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:03 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE MARCH 27, 2006 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to accept these minutes. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor McDonald read the minutes of the 4/3/06 meeting.
• b. Department of Public Works. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
• c. Education and Human Services. Councilor Langevin read the minutes of the 3/23/06 meeting.
• d. Planning and Development. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
• e. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.
• f. Town Manager. Councilor Marcucci read the minutes of the 4/4/06 meeting.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky asked for a moment of silence to remember Gilles Provost, who had worked for the Town of Southbridge for many years and had passed away recently.

Chairman Chernisky thanked the Southbridge High School Yearbook Committee for sponsoring the food and music fundraising event at the Polish Club.

Chairman Chernisky stated the Town Manager's FY07 proposed budget had been made available to all Councilors, and he wanted all subcommittee chairmen to schedule meetings in their areas of the budget.

Chairman Chernisky stated the Southbridge Trail Committee is looking into a grant which would allow them to extend various areas of connectable trails throughout Southbridge and surrounding areas and install other trail-related devices. Chairman Chernisky stated according to the Trail Committee this effort needed the support of the Southbridge Town Council, and as such the Trail Committee had drafted a letter for use by the Council. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to support the grant effort of the Southbridge Trail Committee. Vote by show of hands, 9 to 0 in favor. Chairman Chernisky stated he would present this to the Town Manager's Office for final preparation.

Chairman Chernisky stated with tonight's agenda he wanted a civil debate.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Mr. Carlisle stated early last week the operational budget for the schools, the town, the debt, the insurance, and all of FY07 was turned over to the Town Council, the department heads, the School Superintendent, the School Business Manager, the School Committee Chairman, and a copy was available at the Public Library. Mr. Carlisle described two or three different options which needed Town Council decision. Mr. Carlisle stated he had presented a balanced budget, which would gain the approval of the Massachusetts Department of Revenue, and could be voted in December when the last of the Town's certifications for income are approved by the State. Mr. Carlisle stated the State would not accept the Town's certification without an independent audit being conducted. Mr. Carlisle stated in the past, to comply with requirements outlined in Chapter 475 of the Acts of 2004, the Town had used Melanson and Heath to provide this audit. Mr. Carlisle stated the current proposed budget for FY07 was $46,640,000.

Mr. Carlisle stated the Armory was now being used by a little league for batting cage practice, and he hoped to have other youth groups in to use the facility as well.

Mr. Carlisle stated the program for taking yard debris to the Southbridge Tire facility on Dresser Hill Road was very well used, and during the month of April the landfill operator was taking curbside pickup of any yard debris.

Mr. Carlisle stated with the two vacancies for Town boards being filled tonight, the only remaining vacancies on Town boards would be one vacancy on the Historical Commission, one on the Board of Health, and an alternate for the Zoning Board of Appeals.

Mr. Carlisle stated the Council on Aging outreach program had helped 44 seniors recover over $21,000 in tax savings.

Mr. Carlisle stated there were two sources of odor coming from the Town's wastewater treatment facility, and in the past two months the operators of the facility had been working on resolving these issues. Mr. Carlisle stated he had been in the area three or four times a week for the past three months, and he had noticed a significant improvement.

AGENDA ITEM #7. CITIZENS' FORUM

Robert King of Highland Street announced his candidacy for Town Council at the June 2006 Town election.

Stanley Choinski of Clark Street asked about utilities going to the industrial park site, and stated he felt the access road to the industrial park site was a front for Casella.

AGENDA ITEM #8. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF WENDELL P. BARTHELMES AS A MEMBER OF THE CONSERVATION COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF ARTHUR R. McGOVERN Ph.D. AS A MEMBER OF THE HISTORICAL COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #10. VOTE THAT THE TOWN COUNCIL DECLARES AS SURPLUS AND UNNEEDED FOR MUNICIPAL PURPOSES THE TWO RESIDENTIAL STRUCTURES LOCATED ON THE PARCELS KNOWN AS 887 WORCESTER STREET, ASSESSOR'S MAP 3, LOT 23, IN THE TOWN OF SOUTHBRIDGE, AND THAT THE TOWN COUNCIL FURTHER AUTHORIZES THE TOWN MANAGER TO DISPOSE OF THE SAME BY COMPETITIVE SEALED BIDS OR PUBLIC AUCTION IN COMPLIANCE WITH G.L. c. 30B, SECTION 15, AND TO EXECUTE ANY AND ALL CONTRACTS AND DOCUMENTS IN RELATION THERETO. A motion was made by Councilor Ferron, seconded by Councilor Marcucci, to vote this item.

Councilor McDonald stated the questions the Town Council had asked had not been answered, and until they were answered he could not support this item. Further discussion was held on this item.

A motion was made to table this discussion until after questions on this issue could be resolved. This motion was made by Councilor Lazo, seconded by Councilor Marino. Vote by roll call, Councilors in favor of tabling AGENDA ITEM #10: Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Councilors opposed: Chernisky and Ferron. By a 7 to 2 vote, motion to table AGENDA ITEM #10 passes.

AGENDA ITEM #11. VOTE THAT THE COUNCIL DECLARES AS SURPLUS AND UNNEEDED FOR MUNICIPAL PURPOSES THE TWO RESIDENTIAL STRUCTURES LOCATED ON THE PARCELS KNOWN AS 887 WORCESTER STREET, ASSESSOR'S MAP 3, LOT 29, AND 811 WORCESTER STREET, ASSESSOR'S MAP 3, LOT 23, IN THE TOWN OF SOUTHBRIDGE, AND THAT THE TOWN COUNCIL FURTHER AUTHORIZES THE TOWN MANAGER TO DISPOSE OF THE SAME BY DEMOLITION AND REMOVAL IN COMPLIANCE WITH M.G.L., AND TO EXECUTE ANY AND ALL CONTRACTS AND DOCUMENTS IN RELATION THERETO.

A motion was made by Councilor McDonald to table AGENDA ITEM #11, seconded by Councilor Marcucci. Vote to table AGENDA ITEM #11, by roll call, Councilors in favor: Chernisky, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Councilors opposed: Ferron. By an 8 to 1 vote, motion to table AGENDA ITEM #11 passes.

Councilor Marino stated he wanted to make a motion to suspend this item until after the June election, to see the results of the Town-wide vote. Chairman Chernisky stated a motion first had to be made to suspend the rules and add an agenda item.

A motion was made by Councilor Marino to suspend the rules and add an agenda item to tonight's meeting, seconded by Councilor Vandal. Vote by roll call: Councilors in favor: Marino and Vandal. Councilors opposed: Chernisky, Ferron, Langevin, Lazo, Marcucci, McDonald, and Nikolla. Motion fails.

Councilor McDonald stated he would call a General Government Subcommittee meeting as soon as all the requested information was available. Councilor Nikolla stated she wanted someone from Casella at the meeting. Councilor Vandal stated he wanted someone from Mass Electric at the meeting.

AGENDA ITEM #12. VOTE TO RATIFY THE RENEWED LICENSE AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE AND ALCOMA REALTY TRUST FOR TEN PARKING SPACES FOR TOWN HALL EMPLOYEES IN THE AMOUNT OF $3,600.00. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 8 to 1 in favor.

AGENDA ITEM #13. VOTE TO RATIFY THE GOODS AND SERVICES AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE AND PERMA-LINE CORP. OF NEW ENGLAND IN AN AMOUNT NOT TO EXCEED $20,000.00 FOR SIGNS, POSTS, RAIN GEAR AND TRAFFIC BARRELS. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 in favor.

At 8:05 Chairman Chernisky called for a recess. The meeting resumed at 8:15 p.m.

AGENDA ITEM #14. VOTE TO RATIFY THE GOODS AND SERVICES AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE AND SUNSHINE SIGN COMPANY, INC. IN THE AMOUNT OF $12,837.31 FOR THE JACOB EDWARDS LIBRARY SIGNAGE. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #15. VOTE TO ESTABLISH THE "MUNICIPAL HEARING OFFICER REVOLVING FUND" UNDER THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44, SECTION 53E1/2 TO PAY ALL EXPENSES ASSOCIATED WITH THE ADMINISTRATION AND COLLECTION OF FINES IN VIOLATION OF M.G.L. CHAPTER 148A SUCH FINES TO BE DEPOSITED INTO THE ACCOUNT, WITH ALL EXPENDITURES TO BE APPROVED BY THE TOWN MANAGER AND TOTAL EXPENDITURES FROM THE ACCOUNT NOT TO EXCEED $5,000.00 PER YEAR. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Councilor Lazo asked if any fines had been collected thus far, and Mr. Carlisle stated he believed one had. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #16. VOTE TO TRANSFER FROM TOWN COUNCIL RESERVE ACCOUNT 1.132.5781 TO NATURAL GAS ACCOUNT 1.190.5200.99.735 THE AMOUNT OF $17,000.00. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item.

Councilor Ferron asked if this was the only money needed for this account until the end of the year, and Mr. Carlisle stated this was the projection of the Town Accountant. Councilor Langevin asked how much was left in the Council Reserve account, and Mr. Carlisle stated about $217,500.

AGENDA ITEM #16. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #17. VOTE TO TRANSFER FROM TOWN COUNCIL RESERVE ACCOUNT 1.132.5781 TO HEATING FUEL ACCOUNT 1.190.5212.99.736 THE AMOUNT OF $13,000.00. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 in favor.

AGENDA ITEM #18. VOTE TO ACCEPT THE EVALUATION DISCUSSION GUIDELINE AS RECOMMENDED BY THE TOWN MANAGER SUBCOMMITTEE AT THEIR MEETING ON APRIL 4, 2006. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 6 to 3 in favor.

AGENDA ITEM #19. COUNCILORS' FORUM

Councilor Marino asked about the logs that were being cleared from the electrical easement from Worcester Street, and whether the Town was getting any money from the sale of the logs. Mr. Carlisle stated he would inquire.

Councilor Marino stated with the importance of the issues facing the Town, he wanted the executive session minutes released for the public's view. Councilor Marino stated the Council should meet to release the records. Chairman Chernisky stated Councilor Marino could go review the minutes then come back with a list for the Council. Councilor Marino stated he didn't have time to sit in the Town Clerk's office, and he wanted a meeting with no Town Manager and no attorney, just the Council. Chairman Chernisky stated a solution would be worked on.

Councilor McDonald stated a citizen had approached him, who had almost had a collision with a kid on a skateboard in a crosswalk. Councilor McDonald stated we needed to enforce bylaws regarding bikes and skateboards in crosswalks.

Councilor McDonald stated any water deal with Charlton needed to be approved by the Council. Councilor McDonald the Town of Southbridge had leverage with Charlton with its water, and this could be used to make a good deal later. Councilor McDonald stated he wanted answers regarding any deal being contemplated with Charlton.

Councilor Vandal stated the river adjacent to the Mill Street row houses needed to be cleaned of debris, which included gas grills, car batteries, lawn mowers, etc. He stated this was a problem also on Charlton Street at the culvert area of the Quinebaug River.

Councilor Vandal asked about the wall on the Town Armory, where it appeared a vehicle had hit the wall, and would someone look into this.

Councilor Vandal stated at the north end of Plimpton Street the parking was too narrow to have cars on both sides of the road. He stated there were also reports of off road vehicles using the area, and he wanted a cruiser to go there.

Councilor Vandal stated a traffic light needed to be installed at the foot of Old Sturbridge Road, to allow for cars to enter Main Street.

Councilor Vandal stated a trash truck had been seen going to the landfill from Clemence Hill, and he had the license number.

Councilor Vandal stated Dresser Hill Road had trash on the side of the road, including an old boiler, and other debris, and this needed to be cleaned up.

Mr. Carlisle stated during snowplowing a DPW vehicle had backed into the wall. Mr. Carlisle stated he had been informed, and all the insurance claims had been filed, and the Town was awaiting resolution from the MIIA.

Councilor Marcucci asked about extending the burning season, and Mr. Carlisle stated he would look into whether this was governed by State law.

Councilor Nikolla stated several businesses on Main, Hamilton, and Central Streets were concerned about people parking all day in two hour-designated parking spaces in the downtown area. She stated she wanted to see better enforcement of these parking restrictions.

Councilor Ferron stated the fence on West Street that had two parking cones stuck on top needed to be fixed as soon as possible, particularly with kids now using the park.

Councilor Ferron stated he agreed that any income from lumber generated by the electrical easement from Worcester Street needed to come to the Town.

Councilor Langevin asked about the attorney account and how much money was left in it.

Councilor Langevin stated he wanted an update on Michael's Pub.

Councilor Lazo stated he had received a call from a retired pensioner living on Woodstock Road, who was angry because the road was plowed and sanded twice in a recent very sparse snowstorm.

Councilor Lazo stated he wanted a Protection of Persons and Property Subcommittee meeting to talk about parking on Plimpton Street, as well as parking on the corner of Hamilton and Main Street.

Councilor Lazo stated the Town should spend $1,600 to install a fence to protect the homeowner on Morris Street from damage to his property, which was being caused by the recreation area installed adjacent to his property.

Councilor Lazo stated he wanted an update about construction on Dresser Hill road, in the form of a memo.

Councilor Lazo asked if the hearing for Police Lieutenant Gary Fontaine was on schedule, and Mr. Carlisle stated as far as he knew it was.

Councilor Lazo asked about progress with any informal talks about locating an access road to the Town's industrial park in a place other than off Worcester Street, and Chairman Chernisky stated things were moving forward.

Councilor Lazo offered personal condolences to ACO Sandy Provost for the loss of her husband, Gilles.

AGENDA ITEM #20. Discussion of next meeting date. Councilor McDonald recommended 4/24/06, seconded by Councilor Lazo. Vote by show of hands, 9 to 0 in favor.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Ferron. Vote by show of hands, 9 to 0 in favor. The meeting adjourned at 8:42 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN COUNCIL MEETING, MONDAY, MARCH 27, 2006

A meeting of the Southbridge Town Council was held on Monday, March 27, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:00 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE FOLLOWING:

• March 13, 2006 -- Regular meeting. A motion was made to accept these minutes by Councilor Lazo, seconded by Councilor Ferron. Vote by show of hands, 7 in favor, 2 abstain (Marcucci and Marino).
• March 20, 2006 -- Council of the Whole. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.
• b. Department of Public Works. Councilor Lazo read the minutes of the 3/22/06 meeting. Councilor Vandal made the correction to indicate he was a member of this subcommittee.
• c. Education and Human Services. Councilor Langevin had no minutes to read and no meeting was scheduled.
• d. Planning and Development. Councilor Vandal had no minutes to read and no meeting was scheduled.
• e. Protection of Persons and Property. Councilor Ferron had no minutes to read and no meeting was scheduled.
• f. Town Manager. Councilor Marcucci stated there would be a meeting on 4/4/06.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky congratulated Councilor McDonald on being named Democrat of the Year by the Town's Democratic Committee.

Chairman Chernisky stated the annual rabies clinic would be held on 4/1/06 at Southbridge Feed and More Store, on Worcester Street (the old Dani and Soldani building). This clinic to take place between 9 a.m. and 11 a.m.

Chairman Chernisky stated regarding the Town Manager goals and objectives, he wanted input from Town Councilors on what these should be prior to the 4/4/06 meeting.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Mr. Carlisle gave an update provided by the Landfill Monitor regarding this issue of potential radioactive waste being deposited at the Town's landfill.

Mr. Carlisle stated during the month of April, there would be curbside pickup of yard waste, and to package this material in recyclable bags and put it out along with the regular rubbish.

Mr. Carlisle stated street sweeping had started early because of the good weather.

Mr. Carlisle stated the Southbridge Commission on Disability is offering a $1,000 dollar scholarship to any Southbridge student who is either disabled, has a family member who is disabled, or plans to work in a field that aids disabled people.

Mr. Carlisle stated the Commission on Disability has openings for members, and anyone interested should contact the Town Manager's office.

Mr. Carlisle stated regarding the fate of the two houses on Worcester Street, he had asked Kopelman and Paige to draft simple language to allow for the sale of these properties, and the Council could either vote this tonight or refer it to subcommittee.

Mr. Carlisle stated there were structural problems with the Fire Station, and a grant of up to $25,000 was available from the Department of Agriculture, as well as loan programs. Mr. Carlisle stated this work on the slate roof, the tower, and the arched doorway would run about $350,000, which by terms of the loan could be paid over 40 years, which equaled about $12,000 a year, and he would include this in the master capital plan with the budget.

Mr. Carlisle stated the Armory was now operating a walking program between 7 a.m. and 9 a.m., and he invited everyone to come walk.

Mr. Carlisle addressed the procurement issue with the School Department, and his efforts to address purchasing needs in a timely manner. Mr. Carlisle stated he was encouraging the School Department to use blanket purchase orders, which completely eliminates the review process. Mr. Carlisle stated as chief procurement officer he would listen to any proposal by the school side to take over purchasing for their goods, but that if this occurred it would take out the final check of the Town's accountant from the process.

Mr. Carlisle stated the NESDEC study by the School Department would be presented at tomorrow's School Committee meeting. He stated this study addressed the Town's demography, and would be informative and interesting, and would help define the Town's place in regards to a school building construction project.

Councilor Marino stated he wanted the fate of the two homes on Worcester Street to go before subcommittee, and Chairman Chernisky asked that this be discussed in General Government Subcommittee before the next Town Council meeting.

Councilor Nikolla stated the USDA funding needed a vote of the Town Council, and Chairman Chernisky asked that this go before the Protection of Persons and Property Subcommittee for discussion first.

AGENDA ITEM #7. CITIZENS' FORUM

Melissa Skye Murray, the Editor of the Southbridge High School yearbook, stated there would be a fundraising effort on 3/31/06 from 5:30 to 8:30 p.m. at the Polish Club, featuring food and a DJ. She stated there would also be a disk jockey there for entertainment, as well as the Southbridge Chorus.

Paul Larkin of Dennison Drive stated he supported an access road off of Worcester Street, and he wanted to sign the petition. He also stated he was having problems with unrequested newspapers being left on his lawn. Town Manager Carlisle stated he had the phone number of the company that delivered the papers, and this practice could be stopped with a phone call to the company.

Michael Murray of Lynn Lane stated he didn't believe the Town could concentrate on improving the schools and building an access road. He suggested putting a new school in the North Woodstock Road area, and building an industrial park in the Torrey Road area.

AGENDA ITEM #8. VOTE TO RATIFY THE GOODS AND SERVICES AGREEMENT WITH ARIZONA INSTRUMENT IN THE AMOUNT OF $12,224.00 FOR THE LANDFILL HYDROGEN SULFIDE METER. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Councilor Lazo asked how this would be financed. Mr. Carlisle stated it would come from the Enterprise Fund. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #9. VOTE TO RATIFY THE GOODS AND SERVICES AGREEMENT WITH COMMERCIAL SCALE AND BALANCE COMPANY INC. IN THE AMOUNT OF $22,045.00 FOR THE LANDFILL SCALE ELECTRONIC MONITORING DEVICES AND CAMERAS. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item.

Councilor Lazo asked if this would be paid from the Enterprise Fund, and Mr. Carlisle stated yes. Councilor Marino asked how soon before this was operational and the Town Council could receive reports, and Landfill Monitor Anna Smith stated it would be about four weeks to install, and reports would follow shortly thereafter.

AGENDA ITEM #9. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #10. VOTE TO RATIFY THE GOODS AND SERVICES AGREEMENT WITH MORSE LUMBER CO., INC. IN AN AMOUNT NOT TO EXCEED $10,000.00 FOR BUILDING SUPPLIES. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Councilor Lazo asked what this was for. Mr. Carlisle stated when an item exceeds $5,000 for purchase it must be a contract item, per State law. He stated he had asked the DPW to get together a simple contract. Mr. Carlisle stated this need was a joint need of the DPW and the School Department. Councilor Ferron asked what we were buying and what it would be used for. Mr. Carlisle stated there were incidental needs for both departments, for small jobs. Mr. Carlisle stated nine months into the fiscal year these type purchases had just reached the plateau level of $5,000 to require a contract.

AGENDA ITEM #10. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #11. VOTE TO RATIFY THE TOWN MANAGER'S AWARD OF THE SALE OF TIMBER AT THE SOUTHBRIDGE WATERSHED TO CERSOSIMO LUMBER COMPANY, INC. IN THE AMOUNT OF $45,050.00. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Councilor Ferron stated it was important to make sure the type of trees that were being taken down were not the more valuable trees, and the Town was getting good value for this project. Mr. Carlisle described the oversight of the forester, and the oversight of the DPW director, and the need to thin out the woods to allow healthier and younger undergrowth the chance to flourish. Mr. Carlisle stated he agreed this project needed to be monitored.

Councilor Vandal stated he did not want this area to look like a bomb blast site. Mr. Carlisle described the forester as the first and foremost in the field, and that the Town held a 10% bond of surety against the project, and that Hamer Clarke was monitoring the whole thing. Councilor Vandal asked where the money goes, and Mr. Carlisle stated it goes to the Water Enterprise Fund.

AGENDA ITEM #11, vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #12. VOTE TO ADOPT THE INITIATIVE PETITION AS PRESENTED BY THE REGISTERED VOTERS OF THE TOWN OF SOUTHBRIDGE (657 SIGNATURES WERE CERTIFIED AS OF MARCH 21, 2006, FINAL NUMBER WILL BE GIVEN AT THE MEETING):

We the undersigned registered voters of the Town of Southbridge, hereby request, in accordance with Section 12-3-1 of the Town Charter, that the Town Council adopt the following measure:

           Whereas public convenience and necessity require the laying out and acceptance as public town way of an industrial park access road from Worcester Street (State Route 169) to Pleasant Street in the Town of Southbridge,

           Now therefore, the Town Council of the Town of Southbridge hereby requests that the General Court enact the following Home Rule legislation:

           An act relative to the Establishment of a Public Way in the Town of Southbridge

           Section 1: Notwithstanding the provisions of 21 through 23 of chapter 82 of the general laws or any other general or special law or charter provision to the contrary, the industrial park access road from Worcester Street (state route 169) to Pleasant Street in the town of Southbridge, the boundaries of which are shown on the six-sheet set of plans entitled "Southbridge Industrial Park Access Road Plan Southbridge, Massachusetts Layout Plan Drawings," dated June, 2005, prepared by Tighe & Bond, a copy of which is on file in the office of the Southbridge Town Manager and Town Clerk, and which the town of Southbridge owns in fee, shall be a public town way. The way shall be named the "Southbridge Industrial Park Access Road" and shall constitute a public way for all purposes of the general laws.

           Section : This act shall take effect upon its passage.

A motion was made by Councilor Ferron, seconded by Councilor Marcucci, to vote this item.

Paul St..Jean of Dudley River Road and a member of the Planning Board spoke in favor of the initiative petition. He stated there were currently 684 signatures certified by the Town Clerk.

Councilor Marino asked how much it was going to cost, and where did the money come from. Mr. Carlisle stated the Council had received and update a year ago from Camp, Dresser, and McKee, and their estimate was $6,000,000. Councilor Marino asked where this money would come from, and Mr. Carlisle stated from the Landfill Enterprise Fund. Councilor Marino stated the he would rather put the money toward improving the schools than toward building a road. Councilor Marino stated the best place to put an Industrial Park would be at the American Optical complex. He stated it was his understanding that Franklin Realty was willing, and he didn't believe anyone would install an industry next to a landfill. Councilor Marino stated he was glad this was going before the voters.

Councilor Lazo stated he was glad this was going before the voters, to put it to rest one way or the other, and everyone should keep in mind the cost of this project.

Councilor Vandal stated this was too big a project for the Council to decide, and he too was glad it was going for a vote. He stated he didn't believe it was going to cost $6,000,000.

Councilor Marcucci stated she was going to support this going to the ballot, and she hoped between now and the June election to hear from Southbridge citizens, and maybe have a Council of the Whole meeting to discuss the long-term objectives and what to expect.

AGENDA ITEM #12. Vote by roll call. Councilors in favor: Chernisky, Ferron. Councilors opposed: Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. Motion fails.

AGENDA ITEM #13. VOTE THE FOLLOWING:

Resolution Authorizing the Town Manager to Accept Conservation Restriction

BE IT RESOLVED: That the Town Council of the Town of Southbridge hereby authorizes the Town Manager to accept, on behalf of the Town, a Conservation Restriction from The Opacum Land Trust, Inc. on a parcel of property containing 100 acres, more or less, and shown on a sketch plan on file with the Town Clerk, for consideration of $50,000, and on such terms and conditions as the Town Manager determines is in the best interest of the Town, and further to authorize the Town Manager to submit, on behalf of the Town, any and all applications, and to execute, acknowledge, deliver and/or record any and all instruments, as may be necessary to effectuate the foregoing acceptance and to ensure the perpetual enforceability of said forgoing Conservation Restriction; or to take any other action relative thereto.

A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal. 9 to 0 motion passes.

AGENDA ITEM #14. COUNCILORS' FORUM

Councilor Lazo thanked Hamer Clarke, Ron Trudeau, and John Trahan for their recent street sweeping efforts.

Councilor Marino stated a resident had told him he was driving on Hamilton Street and almost hit a pocket bike with his car, as well as two or three bikes going on the wrong side of the road. He stated the Town needed to start enforcing this bylaw.

Councilor Marino stated in the future the Town's bylaw needed to stipulate the Town Manager had to be a resident of town, and he wanted this discussed in General Government Subcommittee.

Councilor McDonald stated there were a few large vehicles parked in residential streets within the town, and he wanted this looked into.

Councilor Vandal stated he had received a call from a man on Ellis Road who had observed all the recycling going into the regular trash. Councilor Vandal stated Casella couldn't be counted on to accurately report this practice.

Councilor Vandal stated he had heard from a woman on Thomas Street, and that he himself had observed a vacant lot on Thomas Street that was loaded with trash, with 3 or 4 dogs picking through the trash. He stated the Board of Health needed to issue citations, and perhaps the dog officer could inspect the dogs.

Councilor Vandal stated he had received word of trucks going in excess of 50 MPH on Pleasant Street, and he would like the speed limit on Pleasant Street reduced.

Councilor Vandal asked about the beaver dams in the Guelphwood Road area this year, and Chairman Chernisky stated the roads did not flood.

Councilor Vandal asked about the building project at Casella, and Mr. Carlisle stated this was taking time because of the shortage of concrete and other building materials, and he wasn't aware of any time limit on the construction of this facility.

Councilor Marcucci congratulated Larry McDonald on being named the Democrat of the Year by the local Democratic Town Committee.

Councilor Marcucci referred to the Landfill Monitor's report, and asked if the six haulers which had been turned away from the landfill for not having proper permitting could be pursued and fined for the times they did use the landfill. Mr. Carlisle stated he would raise the point on whether they could be fined for past use.

Councilor Marcucci stated she had spoken with a 22 year resident of Pleasant Street, who was angry and fed up with speeding trucks and trucks applying jake brakes and shaking the windows of houses. She stated this resident was asking public safety to look at this, and also that the road was full of sand.

Councilor Nikolla congratulated Councilor McDonald on being named the Democrat of the Year by the Town Democratic Committee.

Councilor Nikolla thanked Hamer Clarke for showing her around the Town's water supply, and stated we were all fortunate to have such a beautiful town.

Councilor Ferron stated he had received word of local businesses parking their trucks in the Town's neighborhoods, and he wanted to get to the owner of the business and discuss ways to improve this situation.

Councilor Ferron stated speed limits were regulated by the State, and enforcement was the key to keeping the speeds down on Pleasant Street.

Councilor Langevin stated he also had received a call from the man on Ellis Road, and this mixing of MSW with recyclable was a problem as people were being encouraged to recycle.

Councilor Langevin stated he wanted unmarked police cruisers on Pleasant Street, to deal with speeders.

Chairman Chernisky stated he agreed with enforcement on Pleasant Street, and also about recycling going into the proper rubbish trucks.

Chairman Chernisky stated he wanted the Town Manager to look into situation with the homeless people living in the van on Elm Street. Chairman Chernisky stated this was a two hour parking restricted area, and these people never moved their vehicle, and this parking was important to the businesses in the surrounding area. Councilor Lazo stated he agreed with this, and he had been approached by Elm Center businesses about this. Councilor Ferron stated there were dogs living in the van with these people. Councilor Ferron stated social agencies and church groups had reached out to these people, but they didn't want help. Councilor Ferron stated this family was using the dumpster behind town hall, and going into stores and using their facilities. He stated also the signs posted on the van were degrading to people who were trying to do good. Councilor Ferron stated they needed to find a legal address or go somewhere else. Chairman Chernisky stated there were animals living in the van, and children who were supposedly 16 years old and being home schooled, with no bathroom in the van.

AGENDA ITEM #15. Discussion of the next meeting date. Councilor McDonald motioned 4/10/06 as the next meeting date, seconded by Councilor Langevin. Vote by show of hands, all in favor.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting adjourned at 8:27 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN COUNCIL MEETING, MONDAY, MARCH 13, 2006

A meeting of the Southbridge Town Council was held on Monday, March 13, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:02 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, MCDONALD, NIKOLLA AND VANDAL. COUNCILORS EXCUSED: MARCUCCI, MARINO.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE FEBRUARY 27, 2006 MEETING. A motion was made to accept these minutes by Councilor Langevin, seconded by Councilor Ferron. Vote by show of hands, 7 to 0 unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.
• b. Department of Public Works. Councilor Lazo read the minutes of the 3/1/06 subcommittee meeting. He corrected the minutes to reflect that Citizen Member Capistrand attended the meeting.
• c. Education and Human Services. Councilor Langevin stated there was a meeting scheduled on 3/23/06 at 7 p.m., to discuss technology.
• d. Planning and Development. Councilor Vandal read the minutes of the 3/8/06 subcommittee meeting.
• e. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky introduced Director of Veteran's Services Michael Trombley. Mr. Trombley introduced U.S. Army 1LT Anthony Alicea, U.S. Navy AE2 Jonathan Matte, and U.S. Army SSG Ronald Proulx, who were recent returning Southbridge veterans from overseas conflicts. Mr. Trombley presented a ribbon to Petty Officer Matte and Sergeant Proulx, and to Lieutenant Alicea's father, Catalino Alicea. Council Chairman Chernisky read a proclamation to each from the Town Council and the Town, thanking them for their selfless service.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle asked Police Chief Charette to describe activities involving the Town's Armory. Chief Charette talked about enhancing community-related activities at the Armory. He stated the goal was to establish a walking center for senior ambulators and other walkers in the community. Chief Charette stated there was currently about $15,000 in donated funds to promote activities at the Armory. He stated also he would be using five senior tax rebate workers as well as volunteers to implement these walking programs. Chief Charette stated the Lassie League was already storing their equipment in an area of the Armory, and batting cages were being ordered. Chief Charette stated the Lassie League had volunteered to fix up the fieldhouses on the adjacent Morris Street Field. Chief Charette stated sources of revenue within the building might pay for its use. Mr. Carlisle stated there would be people on site using the building within a week.

Mr. Carlisle stated he had been contacted by Kopelman and Paige regarding the law suit brought by Franklin Realty, and the Worcester Superior Court had accepted the Town's position regarding the alternate school site and Franklin Realty, and the Franklin Realty claim against the Town was dismissed.

Mr. Carlisle stated there was an individual who had expressed an interest in acquiring one of the town-owned homes on Worcester Street. Mr. Carlisle described various ways to dispose of these town-owned properties, and that he would offer both properties this way.

Mr. Carlisle gave an outline of where the budget options lie. He stated the Town could do the following:

1) Do the same as last year and present a budget by April to be voted in May.

2) The Town could borrow up to $1.3 million on notes in addition to maximizing the tax levy next year.

3) The Town could settle the $600,000 amortized amount given by the State as part of the Chapter 475 of the Acts of 2004. Mr. Carlisle stated he wanted the Council to look at this, to determine a course of action by April.

Mr. Carlisle stated the Southbridge Tire facility on Dresser Hill Road was again accepting yard debris., and Town residents with leaves and other yard waste are welcome to bring waste to the bins.

Mr. Carlisle stated the Southbridge Liquor Licensing Board was holding a meeting on March 16, 2006, and anyone interested in obtaining a liquor license should attend. Mr. Carlisle stated the effort to increase the number of licenses in the Town has stalled, and a new initiative will be coming before the Council.

AGENDA ITEM #7. PRESENTATION BY THE BOARD OF ASSESSORS

Principal Assessor Wil Cournoyer gave a presentation on several of the available exemptions from real estate taxes. He stated anyone wanting more information was welcome to call the Assessor's Office at 508-764-5404

Chairman Chernisky asked about the Senior Tax Rebate Program. Mr. Cournoyer stated there were about 33 or 34 applications so far this year, and this work entailed receiving $500 of your real estate taxes for working 74 hours for the Town. Chairman Chernisky asked if a person could qualify for more than one program. Mr. Cournoyer stated with the Senior Tax Rebate and some of the veteran's programs a person could qualify for more than one, but usually only one program.

AGENDA ITEM #8. CITIZENS' FORUM

Rene Tremblay of Jerome Street spoke regarding a petition which was circulating to bring the question of an access road off of Worcester Street onto the June ballot. He stated 5% of registered voters were required to put this question on the ballot. Councilor Lazo stated the petition did not address how the access road was to be paid for. Councilor Vandal stated this effort would cost around $15 million, and it would increase taxes. Councilor Vandal stated he would always vote against the "access road to hell." Councilor Langevin stated if people didn't like the way the petition was written then they didn't have to sign it. Councilor Vandal stated he was against borrowing any more money. Councilor Nikolla stated she liked the idea because this would offer an opportunity to find out what people in Southbridge wanted as far as the access road, but she hoped using the word 'access' didn't lead people to construe this road was for just for the landfill and not the industrial park. Chairman Chernisky stated the petition was getting around, with already around 300 of the approximately 550 signatures required, and he had signed it himself. Mr. Tremblay stated Charlton was already working toward an industrial park, and if Southbridge didn't have anything to offer then it would lose out on this growth. Councilor Ferron stated all Councilors should sign if only to give the people the choice. Councilor Vandal stated it was a road to the dump, and people should know how much it was going to cost. Councilor Lazo stated he wouldn't sign it without a dollar amount on it.

AGENDA ITEM #9. VOTE TO ACT ON THE RECOMMENDATION OF THE BOARD OF ASSESSORS BY RATIFYING THE CONTRACT WITH VISION APPRAISAL TECHNOLOGY IN THE AMOUNT OF $98,000.00 FOR REVALUATION OF REAL PROPERTY. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item.

Councilor Ferron asked if this was a three year evaluation the Town was doing, and Mr. Cournoyer stated this was the first year of the three year State mandated certification program. Mr. Cournoyer stated the second and third years would cost about $12,000. Mr. Cournoyer stated it was to the benefit of the Town to have this study. Councilor Lazo asked the number of bidders and this process was described. Councilor Ferron asked if the people doing the surveys would be easily identifiable, and Mr. Cournoyer stated they would be wearing name tags and their activities would known by the police.

AGENDA ITEM #9. Vote by show of hands, 7 to 0 unanimous in favor.

AGENDA ITEM #10. VOTE TO ACT ON THE RECOMMENDATION OF THE BOARD OF ASSESSORS BY RATIFYING THE CONTRACT WITH REAL ESTATE RESEARCH CONSULTANTS IN THE AMOUNT OF $15,000.00 FOR REVALUATION OF PERSONAL PROPERTY. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 7 to 0 unanimous in favor.

AGENDA ITEM #11. VOTE TO RATIFY THE GOODS AND SERVICES AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE AND DAN AMORELLO SERVICES, INC., FOR STREET SWEEPER RENTAL AT $70.00 PER HOUR. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, LAZO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: CHERNISKY, LANGEVIN. MOTION PASSES.

AGENDA ITEM #12. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF THADIUS E. DUBSKY AS CONSTABLE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 7 to 0 unanimous in favor.

AGENDA ITEM #13. VOTE THAT WE DECLINE TO EXERCISE THE TOWN'S FIRST REFUSAL OPTION UNDER GENERAL LAWS CHAPTER 61A TO PURCHASE APPROXIMATELY 19.7 ACRES OF LAND, AS DESCRIBED IN DEEDS RECORDED IN WORCESTER DISTRICT REGISTRY OF DEEDS, BOOK 6756, PAGE 400 AND BOOK 6712, PAGE 387, SHOWN ON THE ASSESSORS RECORDS AS MAP 113, LOT 1 FOR A TOTAL PURCHASE PRICE OF $270,000.00 ON TERMS SET OUT IN THE PURCHASE AND SALE AGREEMENT BETWEEN PAULINE SZLOSEK AS SELLER, AND PAUL BELLERIVE AS BUYER, NOTICE OF WHICH WAS GIVEN BY LETTER DATED JANUARY 24, 2006, AND THAT WE FURTHER DECLINE TO HOLD A HEARING TO CONSIDER ASSIGNING SUCH OPTION TO A NONPROFIT CONSERVATION ORGANIZATION. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 7 to 0 unanimous in favor.

AGENDA ITEM #14. VOTE TO SEND TO THE PLANNING BOARD A REQUEST FOR A ZONING CHANGE FOR PROPERTY LOCATED AT 61 CHESTNUT STREET. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #15. VOTE TO AUTHORIZE THE TOWN MANAGER TO SIGN A LETTER OF UNDERSTANDING WITH BAILEY BOYD AND ASSOCIATES TO WRITE A HOUSING DEVELOPMENT SUPPORT PROGRAM GRANT APPLICATION DUE APRIL 13, 2006. A FEE OF $6,000.00 TO BE PAID FROM GRANT FUNDS UPON NOTICE OF AWARD. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Councilor Lazo asked if this was for the Cannery Building, and Mrs. Acly stated it was. Vote by show of hands, 7 to 0 unanimous in favor.

AGENDA ITEM #16. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND BRAMBLE HOUSE FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $7,000.00 FOR PROPERTY LOCATED AT 39 HAMILTON STREET. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 7 to 0 unanimous in favor.

AGENDA ITEM #17. VOTE TO AUTHORIZE THE TOWN MANAGER TO SUBMIT A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR THE MINI-ENTITLEMENT PROGRAM IN THE AMOUNT OF $600,000.00. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 7 to 0 unanimous in favor.

AGENDA ITEM #18. VOTE THE FOLLOWING RESOLUTION:

Whereas, The President in Homeland Security Directive, (HSPD-5) directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS) which would provide a consistent nationwide approach for Federal, State, and local governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity;

Whereas, the collective input and guidance from all Federal, State, Local Homeland Security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS;

Whereas, it is necessary and desirable that all Federal, State and Local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management;

Whereas, to facilitate the most efficient and effective incident management it is critical that Federal, State, and Local organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualifications standards, uniform standards for planning, training and exercising, comprehensive resource management, and designate management processes.

Whereas, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes.

Whereas, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State, including current emergency management training programs; and

Now Therefore, we, the Town Council for the Town of Southbridge, Massachusetts do hereby establish the National Incident Management System (NIMS) as the Southbridge Standard for incident management.

Chairman Chernisky stated this item, as well as Agenda Item #17, came directly before the Council rather than through subcommittee, to expedite them.

AGENDA ITEM #18, vote by show of hands, 7 to 0 unanimous in favor.

AGENDA ITEM #19. COUNCILORS' FORUM

Councilor Vandal stated the intersection at the bottom of Hartwell Street with Elm Street, Eastford Road, and Caron Street is a safety hazard. He stated this needed to be fully discussed at the next DPW Subcommittee meeting.

Councilor Vandal stated the delivery of unsolicited newspapers in orange bags to vacant homes had to stop. It was clarified this was a recurrent problem, and in the past a phone call to the delivery agency stopped this practice.

Councilor Lazo congratulated Nancy and Conrad Vandal on the arrival of their new grandson, Ethan.

Councilor Lazo read a statement asking the Town Manager to relinquish the role of purchasing agent for the School Department. Chairman Chernisky asked Councilor Langevin to put this on the agenda for the EHS Subcommittee meeting on 3/23/06.

Councilor Lazo asked if the FAA had stated they would not be funding the water and sewer going to the industrial park site. Mr. Carlisle stated he had no communication from the Airport Commission that the FAA had even been approached about this, and it was therefore unlikely they had said no.

Councilor Lazo asked about the progress with Lieutenant Fontaine, specifically if there was a hearing scheduled for this month. Mr. Carlisle stated a date has been set in compliance with the wishes of Lt Fontaine's attorney.

AGENDA ITEM #20. Discussion of next meeting date. Councilor McDonald recommended 3/27/06, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Langevin. Vote by show of hands, unanimous in favor. The meeting adjourned at 8:25 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN COUNCIL MEETING, MONDAY, FEBRUARY 27, 2006

A meeting of the Southbridge Town Council was held on Monday, February 27, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:04 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE. Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. COUNCILORS EXCUSED: NIKOLLA..

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE FEBRUARY 13, 2006 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to approve these minutes. Councilor Marino amended the minutes to reflect a no vote in Item #13, rather than yes as written. Vote by show of hands, unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor McDonald had no minutes to read and no meeting was scheduled.
• b. Department of Public Works. Councilor Lazo stated there was a meeting on 3/1/06 at 7 p.m. in the Rice Conference Room.
• c. Education and Human Services. Councilor Langevin stated there would be a meeting on 3/23/06 at 7 p.m. in the Rice Conference Room.
• d. Planning and Development. Councilor Vandal had no minutes to read and no meeting was scheduled.
• e. Protection of Persons and Property. Councilor Ferron had no minutes to read and no meeting was scheduled.
• f. Town Manager Subcommittee. Councilor Marcucci had no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated the Southbridge High School basketball team was playing tonight against Burncoat High, in the first round of the Clark Basketball Tournament.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the board vacancies in the Town of Southbridge had been given to the Town Clerk and were available in the Town Manager's office. Mr. Carlisle said a current vacancy existed on the Conservation Commission, there were two vacancies on the Historical Commission, there was a vacancy on the Board of Health, and there was a vacancy for an alternative on the Zoning Board of Appeals. Mr. Carlisle stated anyone interested in serving on a board should let him know.

Mr. Carlisle described the public hearing on the water and sewer rates. He stated the increase was about 2% for water and about 24% for sewer. Mr. Carlisle stated the effective date would be at the end of April.

Mr. Carlisle stated the snow and ice removal account was currently running at about $224,000 in the red, which was less than last year.

Mr. Carlisle stated the Planning Board would be incorporating the new dimensional regulations for building within the new town zoning bylaws.

Mr. Carlisle stated the Southbridge Interfaith Hospitality Network was holding a fundraiser at Rom's Restaurant on 3/11/06, and information was available by calling (508) 764-4357.

Mr. Carlisle described the Senior Tax Rebate Program for seniors to work off $500 of their local tax liability.

Mr. Carlisle stated regarding the uncapping of lottery aid to communities in the Commonwealth, he had been informed there was currently no plan on the table to revert back to the favorable percentages being paid out five years ago.

Mr. Carlisle stated the School Department's suit against the Town of Southbridge had been dismissed.

Mr. Carlisle stated the next hazardous waste day at the Town's landfill would be on 3/18/06, from 9 a.m. to 2 p.m.

Councilor Marino asked if citizens could return year after year for the $500 tax rebate program, and Mr. Carlisle stated they could.

Councilor Chernisky stated he wanted the Planning and Development Subcommittee to have a meeting to discuss Planning Board recommendations for zoning.

AGENDA ITEM #7. CITIZENS' FORUM

Gabriel Lafleche of Chapin Street spoke about the water and sewer rates going up, and how he met an old woman in Big Bunny who had to choose between food and paying her taxes. He said the Council should start working together.

AGENDA ITEM #8. VOTE TO ADOPT SECTION 1 AND SECTION 2 OF CHAPTER 157 OF ACTS OF 2005 AN ACT RELATIVE TO DISABILITY RETIREMENT BENEFITS FOR VETERANS. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #9. VOTE TO TRANSFER THE SUM OF $56,000.00 FROM THE STABILIZATION FUND TO THE FY 06 FUEL & LUBRICATION ACCOUNT. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #10. VOTE TO TRANSFER THE SUM OF $8,000.00 FROM THE TOWN COUNCIL RESERVE ACCOUNT TO VETERANS BENEFITS, CASH, AND MEDICAL ACCOUNT 1.945.5771.0.596. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #11. VOTE THAT $200,000.00 IS APPROPRIATED FOR IMPROVEMENTS TO THE TOWN COMMON, INCLUDING THE INSTALLATION OF PUBLIC LIGHTING, THE CONSTRUCTION OF WALKWAYS, THE PURCHASE OF BENCHES AND RELATED LANDSCAPING; THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $200,000.00 UNDER CHAPTER 44 OF THE GENERAL LAWS; THAT THE TOWN MANAGER IS AUTHORIZED TO ACCEPT AND EXPEND ANY GIFTS OR DONATIONS RECEIVED BY THE TOWN WITH RESPECT THERETO, PROVIDED THAT THE AMOUNT OF THE AUTHORIZED BORROWING SHALL BE REDUCED BY THE AMOUNT OF ANY SUCH GIFTS OR DONATIONS RECEIVED PRIOR TO THE ISSUE OF ANY BONDS OR NOTES UNDER THIS ORDER; AND THAT THE TOWN MANAGER IS AUTHORIZED TO TAKE ANY OTHER ACTION NECESSARY TO CARRY OUT THIS PROJECT.

2/3 roll call vote required

A motion was made by Councilor Langevin, seconded by Councilor Marcucci, to vote this item.

A lengthy discussion was held about the need to keep costs down. Mr. Carlisle explained the total amount of $200,000 would pay for public lighting, walkways, and bench clusters. Councilor McDonald made a motion to refer this to subcommittee, seconded by Councilor Lazo. Further discussion was held about amending this motion to reflect only the installation of bench seats, and Mr. Carlisle stated this portion of the cost was about $36, to $40,000. Councilor McDonald withdrew his motion to refer to subcommittee, and Councilor Lazo withdrew his second.

A motion was made by Councilor Marino, seconded by Councilor McDonald, to amend AGENDA ITEM #11, to read as follows:

AGENDA ITEM #11. VOTE THAT $36,000.00 IS APPROPRIATED FOR IMPROVEMENTS TO THE TOWN COMMON, INCLUDING THE PURCHASE OF BENCHES AND RELATED LANDSCAPING; THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $36,000.00 UNDER CHAPTER 44 OF THE GENERAL LAWS; THAT THE TOWN MANAGER IS AUTHORIZED TO ACCEPT AND EXPEND ANY GIFTS OR DONATIONS RECEIVED BY THE TOWN WITH RESPECT THERETO, PROVIDED THAT THE AMOUNT OF THE AUTHORIZED BORROWING SHALL BE REDUCED BY THE AMOUNT OF ANY SUCH GIFTS OR DONATIONS RECEIVED PRIOR TO THE ISSUE OF ANY BONDS OR NOTES UNDER THIS ORDER; AND THAT THE TOWN MANAGER IS AUTHORIZED TO TAKE ANY OTHER ACTION NECESSARY TO CARRY OUT THIS PROJECT.

2/3 roll call vote required

Vote to amend AGENDA ITEM #11, as above -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, and Vandal. Unanimous 8 to 0 motion passes.

AGENDA ITEM #11 (AS AMENDED ABOVE). VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. UNANIMOUS 8 TO 0 MOTION PASSES.

AGENDA ITEM #12. VOTE TO RATIFY A CONTRACT WITH H. M. NUNES & SONS IN THE AMOUNT OF $87,260 FOR TOWN COMMON SIDEWALK IMPROVEMENTS. A motion was made to skip AGENDA ITEM #12 by Councilor Langevin, seconded by Councilor Lazo. Vote by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #13. VOTE TO RATIFY A CONTRACT WITH H. M. NUNES & SONS IN THE AMOUNT OF $109,440 FOR TOWN COMMON SEATING AND LIGHTING IMPROVEMENTS.

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to amend AGENDA ITEM #13 to reflect only a contract for Town Common seating, as follows:

AGENDA ITEM #13 VOTE TO RATIFY A CONTRACT WITH H. M. NUNES & SONS IN THE AMOUNT OF $35,640 FOR TOWN COMMON SEATING IMPROVEMENTS.

A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote amended AGENDA ITEM #13, as above

AGENDA ITEM #13 (AMENDED) VOTE -- RY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. UNANIMOUS 8 TO 0 MOTION PASSES.

AGENDA ITEM #14. VOTE TO RATIFY A CONTRACT FOR EQUIPMENT HIRE FOR SNOW PLOWING AND/OR SNOW REMOVAL WITH RICHARD POLLONE. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #15. VOTE TO RATIFY THE GOODS AND SERVICES AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE AND DAN AMORELLO SERVICES, INC. FOR SWEEPER RENTAL. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item.

Councilor Vandal asked about the possibility of applying this rental money toward the purchase of a new sweeper, and discussion was held regarding this. A motion was made to table this item for further discussion at subcommittee by Council McDonald, seconded by Councilor Vandal. Vote to table AGENDA ITEM #15 by show of hands, 8 to 0 unanimous in favor.

AGENDA ITEM #16. COUNCILORS' FORUM

Councilor Vandal stated having a public hearing at 10 a.m. was not good judgment, and in the future these meetings should be held one-half hour before a regular Town Council meeting.

Councilor Vandal asked about cars with Connecticut plates parked in the Armory parking lot. Mr. Carlisle stated these were soccer league parents with their kids, renting the Armory for indoor practice. Mr. Carlisle stated since November this had been happening. He stated also this was a Southbridge league.

Councilor Vandal stated he had a paper from the Massachusetts Municipal Association which indicated the position of Municipal Hearing Officer was not mandatory for the town, and he showed this to Councilors.

Councilor Marino asked the Town Manager about the houses on Worcester Street. Mr. Carlisle stated in the past week Mr. DiGregorio had been in to look at the property to assess whether he wanted to move it with a professional mover. Mr. Carlisle indicated this was still in discussion.

Councilor Marino asked if it was possible that anyone over the age of 75 does not have to pay a meter charge, particularly in a vacant house. Mr. Carlisle stated the meter could be pulled and the costs would no longer be charged.

Councilor Lazo asked business owners in the downtown area to keep the area in front of their stores neat and clean.

Councilor Lazo asked about the status of Police Lieutenant Gary Fontaine. Councilor Lazo read a statement. Councilor Lazo stated the case was closed, with no wrongdoing found, and he stated he felt strongly having Lt. Fontaine on paid administrative leave was a waste of money. Councilor Lazo asked when the hearing was. Mr. Carlisle stated it was in the month of March, and he was not at liberty to discuss the date. Mr. Carlisle stated Mr. Kesten ws involved because of the notice of appeal. Councilor Lazo stated Mr. Kesten should not be involved.

Councilor Langevin stated the solid waste landfill report indicated warnings had been given to 3 unlicensed haulers. Councilor Langevin stated the Town needed to tell Mrs. Smith to start giving citations. Mr. Carlisle stated these trucks were not being allowed into the landfill, and the Board of Health was in charge of issuing warnings.

Councilor Ferron stated the Town Clerk's office wants everyone to participate in the Town census.

Councilor Ferron stated the Town owns a landfill, and something needed to be worked out for the good of the Town, with less bickering over petty stuff.

Councilor Marcucci stated there was a letter in the Southbridge Evening News that was critical of her for her mannerisms, and Councilor Marcucci answered these criticisms.

Chairman Chernisky thanked Councilor Lazo for talking about downtown cleanliness, and asked residents to do the same to improve the appearance of the town.

Councilor Chernisky stated there were several programs in which senior citizens could participate, and he hoped anyone interested would call the Assessor's Office for more information.

AGENDA ITEM #17. Discussion of next meeting date. Councilor McDonald recommended 3/13/06 as the next meeting date, seconded by Councilor Langevin. Hand vote, unanimous in favor.

AGENDA ITEM #18. Adjournment. A motion was made to adjourn by Councilor McDonald, seconded by Councilor Lazo. Hand vote, unanimous in favor.

The meeting adjourned at 8:35 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN COUNCIL MEETING, MONDAY, FEBRUARY 13, 2006

A meeting of the Southbridge Town Council was held on Monday, February 13, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7: p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE: Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE FOLLOWING MEETINGS:

January 23, 2006 regular meeting. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Councilor Lazo made the correction that Councilor Marcucci was excused from that meeting, and not delayed. Vote by show of hands, 8 in favor, 1 abstaining (Councilor Marcucci).

February 7, 2006 Council of the Whole. A motion was made by Councilor Mcdonald, seconded by Councilor Langevin, to accept these minutes. Chairman Chernisky stated in AGENDA ITEM #3 he had discussed also the appointing of a Project Manager for the Cotton Property/DPW development. Chairman Chernisky stated in AGENDA ITEM #5 Attorney John Giorgio had indicated he would be the lead attorney for the Town of Southbridge from Kopelman and Paige. Vote by show of hands, 7 in favor, 2 abstain (Ferron and Nikolla).

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

• a. General Government. Councilor McDonald read the minutes of the 2/6/06 meeting.
• b. Department of Public Works. Councilor Lazo read the minutes of the 1/25/06 meeting. He stated there was a meeting scheduled for 3/1/06 at 7 p.m. in the Rice Conference Room.
• c. Education and Human Services. Councilor Langevin stated there were no minutes to read and no meeting was scheduled.
• d. Planning and development. Councilor Vandal read the minutes of the 1/30/06 meeting.
• e. Protection of Persons and Property. Councilor Ferron read the minutes of the 1/31/06 meeting.
• f. Town Manager. Councilor Marcucci stated she would be calling a meeting within the next few weeks.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky thanked the DPW and other town employees for their work with the recent snowstorm.

Chairman Chernisky stated he read in the Landfill Monitor's report that a few trucks had recently been given warnings about hauling without a permit, and it was his understanding that as of the first of the year citations would be given.

Chairman Chernisky stated he had received calls from people looking to volunteer on Town boards. Mr. Carlisle stated he would see who was active on boards and which boards might have an opening.

Chairman Chernisky stated the Aislan Cipro three-on-three hoops tournament was coming up, to benefit a local girl with cancer. He stated anyone interested could call Shaun Moriarty at the Southbridge Evening News.

Chairman Chernisky wished the Southbridge High basketball team good luck tonight in their game against Tantasqua.

Chairman Chernisky stated the Southbridge Family Center located at 114 Pleasant Street was rated as the 9th best place for parents to bring their young children in the state. He stated this was free to all Southbridge residents. He stated the phone number for this program was 508-765-3881.

AGENDA ITEM #6 TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the Town of Kingston had petitioned through its state legislators that the State reimburse more of lottery earnings back to the communities, specifically back to the level where it was prior to the diversion of funds instituted some five years ago. Councilor McDonald made a motion that the Town Council instruct the Town Manager to write a letter in support of this measure to the Town's state officials, seconded by Councilor Langevin. Vote by show of hands, unanimous in favor.

Mr. Carlisle stated the Public Employee Retirement Administration Commission declared the Social Security cost of living increase for this year to be 4.1%, and as such this amount would trickle down to a 3% increase to recipients of the Southbridge Retirement System. Mr. Carlisle stated the Retirement Board would be making a decision on this soon, and he encouraged Council participation at the upcoming 2/22/06 meeting of the Retirement Board.

Mr. Carlisle stated vacancies on Town boards were monitored by the Town Manager's office, and he would be happy to make a list of openings available to the Council Chairman.

Mr. Carlisle stated he was looking for recommendations from the Town Council on using the free cash to pay off the Department of Revenue under the terms of the Acts of 2004. Mr. Carlisle stated also the Town should consider carefully shifting more of the tax burden from residential to industrial and commercial. Mr. Carlisle stated he and the Town Accountant were available any time to talk about this.

Mr. Carlisle stated the School Department has done an operating plan and a technology capital plan, and a capital plan for building improvement. Mr. Carlisle stated the Town Accountant had met with the Superintendent of Schools to discuss this.

AGENDA ITEM #7. CITIZENS' FORUM

David Scheinfeldt of Village Drive invited everyone to the Center of Hope concert on Friday, at 6 p.m. from 7 to 10 p.m., with guest singer Susan Jayne.

AGENDA ITEM #8. PRESENTATION BY FORMER STATE SENATOR LOUIS P. BERTONAZZI

Former Senator Bertonazzi described to the Town Council that after leaving the State Senate he had started a nonprofit, aimed at education, culture, and citizenship. Mr. Bertonazzi described how this fund had been used in the past. He stated he was beginning a new program, which was a competition among towns in his former district to encourage voter participation. He stated the town that had the highest percentage of registered voters go to the polls this year would win the prize. Mr. Bertonazzi described the prize as a banner for the Town Hall, and a $1,000 contribution to be spent by the Board of Registrars on anything to enhance voting. He stated there was also a plaque for the winning Town Hall, with the name of each year's winner to be inscribed. Mr. Bertonazzi stated the focus of this competition was to increase actual voter turnout. Town Clerk Madaline Daoust stated this would create no extra work for the Clerk's office, as these stats are kept anyway. Mrs. Daoust stated the Town of Webster had already issued a challenge to Southbridge about this. Councilor Lazo stated the Town of Dudley had already claimed they would win. Mr. Bertonazzi stated the tallies would be sent to each town after each of the three elections this year.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF SHERRY A. JOVAN TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #10. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF ANNA SMITH AS MUNICIPAL HEARING OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item.

Councilor Lazo asked the Town Manager if this was mandated, and Mr. Carlisle stated it was. Councilor Lazo asked how it was funded. Mr. Carlisle stated it was paid by the fines collected from ticketing, and there was a requirement that the money is used for paying operating costs and education of officers giving tickets. Councilor Lazo stated he was against unfunded mandates. Councilor Vandal stated he had been in contact with the Massachusetts Municipal Association and this was not mandated by the State. He stated 151 communities had accepted it, but Southbridge did not have to.

Councilor Marino stated he had a hard time supporting this, as Mrs. Smith's full time job should be working on the landfill. Councilor Marino asked why the Fire Inspector or the Building Inspector could not do this. Mr. Carlisle stated under State law the Fire Inspector and Building Inspector were the issuing authority for the tickets and could not also serve as judge in the hearings. Councilor Marino asked if Mrs. Smith had another job with the Town, and Mrs. Smith stated she takes the minutes for the Planning Board.

Councilor Langevin stated he would support this as it would keep the Fire Inspector and the Building Inspector out of court.

Mr. Carlisle described the legal opinion of Kopelman and Paige describing this program as being mandated. Mr. Carlisle stated this would allow the receiver of the ticket to be tried as a civil offense rather than a criminal offense. Mr. Carlisle stated the money would stay local this way as well.

Councilor McDonald asked if Mrs. Smith would require training for this new duty. Mr. Carlisle stated he believed Mrs. Smith was qualified, as at the Department of Environmental Protection she had dealt with reading codes and deciding on offenses. Mr. Carlisle stated Mrs. Smith would start immediately.

Chairman Chernisky called for a recess at 8:11 p.m. The meeting resumed at 8:15 p.m.

Councilor Marcucci described this activity of Municipal Hearing Officer as a periodic task, organized for efficiency, and she asked the Town Council to support this position. Councilor Marcucci stated she didn't believe this additional position would take away from Mrs. Smith's job, and these would be simple citations from Town employees, with hearings held in house instead of sending the Building Inspector or Fire Inspector to the court for a full day. Mrs. Marcucci stated Town employees sent to attend court were often kept the whole day only to have the case dismissed or delayed by the court, which is a disservice to these employees and to the Town.

Councilor Vandal stated this would lighten the load of the Town Manager and the Building Inspector, as they are the ones doing this now. Councilor Vandal iterated his belief that this was not a mandated program. Councilor McDonald stated he too did not believe it was mandated, but would support it based on the need.

Donald Bailey of Pleasant Street spoke. He stated maybe this role could be given to someone else who has more time, rather than the Landfill Monitor.

AGENDA ITEM #10. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. MOTION PASSES.

AGENDA ITEM #11. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF KOPELMAN AND PAIGE, P.C. AS THE TOWN COUNSEL FOR THE TOWN OF SOUTHBRIDGE FOR A TERM TO EXPIRE JUNE 30, 2006. A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #12. VOTE THE FOLLOWING: RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF SOUTHBRIDGE SUPPORTS THAT WATER, SEWER, AND ELECTRICAL SERVICE BY PROVIDED TO THE INDUSTRIAL PARK. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item.

Councilor Lazo asked about the electrical service. Mr. Carlisle stated the electrical would come up the easement off Worcester Street. Councilor Lazo asked about water and sewer. Mr. Carlisle stated the sewer could come down Pleasant Street, but the water will need to be looped through the Massachusetts Avenue area off Worcester Street.

Mr. Carlisle described the effort of the Southbridge Airport Commission in its pursuit of FAA funding of 95% of the cost of utilities to the airport, and how this could greatly reduce the Town's burden of utilities to the industrial park site.

Councilor Marino asked why the Town Manager had discussed this with the landfill operator. Mr. Carlisle stated the operation of the landfill and the utilities to the industrial park site were two different issues. Councilor Marino stated he hoped the Town Council wasn't fooled by this tactic to get utilities to the landfill. Councilor Marino stated the shortest distance for utilities to the industrial park site is up Pleasant Street, and the final few houses on Pleasant Street without full town utilities could benefit from this improvement. Councilor Marino stated there were also plans to put 40 units of housing to the area, who could benefit from utility tie in off of Pleasant Street. Councilor Marino stated the Town Council needed more information about the development of an industrial park.

Mr. Carlisle stated the issues of having Casella pay for water, sewer, and electricity needed to be hammered out. Mr. Carlisle stated it was to the Town's benefit to have a gravity sewer system to help deal with the leachate post closure costs for the landfill. Mr. Carlisle stated without the gravity sewer line in place going to the Town's water filtration site the cost of hauling this post closure leachate would come to around $7,000,000.

Councilor Marcucci asked what this item meant. Chairman Chernisky stated this item was in the same vein as the vote in December to support an industrial park, and now the town would resolve to support the industrial park further by acknowledging the need for utilities to the industrial park site. Chairman Chernisky stated this item does not speak to the details of providing utilities, such as who will pay for it, but that the Town understands the need for an infrastructure at the site to create demand for tenants at the industrial park site. Councilor Marcucci stated she agreed with Councilor Marino that the issue of the industrial park and the landfill should remain separate. Mr. Carlisle stated he believed any tenant on the left side of the airport would pay their own hookup to any existing utility easement to the area. Councilor Marcucci asked if Camp, Dresser, and McKee were involved in the possible utility easement discussions, and Mr. Carlisle stated no.

Councilor Lazo asked about how the leachate is currently dealt with, and Mr. Carlisle stated it was hauled away. Councilor Lazo asked if the Town's sewer plant would be able to handle the additional load on its system, and Mr. Carlisle stated pretreated leachate could be handled now, and more so in the future with the coming improvements to the water treatment facility. Mr. Carlisle described again the funding for this facility, and its potential revenue creating properties in the future. Councilor Lazo stated it seemed the odor from the landfill was being moved from the landfill to the Sandersdale section of town. Mr. Carlisle stated recently the compost at the water treatment facility had been removed, and this had done a lot to clean the air.

Mr. Carlisle stated he agreed the best way to complete the sewer is up Pleasant Street. Councilor Marino stated he would be very nervous about having well water so near a dump. Further discussion was held. Councilor Marino asked if either of the Town-owned houses on Worcester Street needed to be removed for utilities, and Mr. Carlisle stated at least one and possibly both needed to be removed for the electrical service. Councilor Vandal asked about the safety of power lines, and Mr. Carlisle stated the strip off of Worcester Street all the way to the Sturbridge line was zoned industrial.

AGENDA ITEM #12. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: LAZO, MARINO, VANDAL. MOTION PASSES.

AGENDA ITEM #13. VOTE TO RELOCATE PRECINCT 4 POLLING PLACE (PRESENTLY EASTFORD ROAD SCHOOL, 120 EASTFORD ROAD) TO THE ARMORY AT 61 CHESTNUT STREET.

Councilor McDonald made a motion to change 61 Chestnut Street to 153 Chestnut street in this Agenda Item as well as in AGENDA ITEM #14. Vote by show of hands, unanimous in favor.

AGENDA ITEM #13. (AMENDED) VOTE TO RELOCATE PRECINCT 4 POLLING PLACE (PRESENTLY EASTFORD ROAD SCHOOL, 120 EASTFORD ROAD) TO THE ARMORY AT 153 CHESTNUT STREET. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #14. VOTE TO RELOCATE PRECINCT 1 POLLING PLACE (PRESENTLY AT SOUTHBRIDGE HIGH SCHOOL, 24 COLE AVE) TO THE ARMORY AT 153 CHESTNUT STREET. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #15. VOTE TO RELOCATE PRECINCT 5 POLLING PLACE (PRESENTLY AT MARY E. WELLS JUNIOR HIGH SCHOOL, 82 MARCY STREET) TO THE CASAUBON SENIOR CENTER AT 6 LAROCHELLE WAY. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #16. VOTE TO APPROPRIATE BY BORROWING THE SUM OF $150,000.00 FOR THE INSTALLATION AND APPURTENANCES THERETO OF A GENERATOR AT SOUTHBRIDGE HIGH SCHOOL AND TO AUTHORIZE THE TOWN TREASURER, IN ORDER TO MEET SUCH APPROPRIATION, TO BORROW THE SUM OF $150,000 UNDER CHAPTER 44, SECTION 7 OF THE GENERAL LAWS OR ANY OTHER ENABLING AUTHORITY, AND TO ISSUE BONDS OR NOTES THEREFORE.

2/3 roll call vote required

A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. 9 TO 0 IN FAVOR, MOTION PASSES.

AGENDA ITEM #17. VOTE TO RATIFY THE CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND LAFLEUR ELECTRICAL CO., INC. IN THE AMOUNT OF $148,553.00 FOR THE SOUTHBRIDGE HIGH SCHOOL STANDBY GENERATOR. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #18. VOTE TO RATIFY A GOODS AND SERVICES AGREEMENT BETWEEN THE TOWN OF SOUTHBRIDGE SCHOOL DEPARTMENT AND PAOLETTI'S FRUIT STORE. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #19. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND CGK RESTAURANTS, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $2,290.00 FOR PROPERTY LOCATED AT 55 CENTRAL STREET. A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #20. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND RICHARD GALLI FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $4,963.00 FOR PROPERTY LOCATED AT 13 CENTRAL STREET. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #21. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND NANCY ST. FRANCIS FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $3,080.00 FOR PROPERTY LOCATED AT 32 CENTRAL STREET. A motion was made by Councilor Ferron, seconded by Councilor McDonald to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #22. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND KYRIAKOS KONSTANTAKIS AND MARK AMADIO FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $2,290.00 FOR PROPERTY LOCATED AT 53 CENTRAL STREET. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #23. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND PAUL RICHER AND MARIA SPARKS FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $2,620.00 FOR PROPERTY LOCATED AT 53 CENTRAL STREET. A motion was made by Councilor Lazo, seconded by Councilor McDonald. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #24. VOTE TO RATIFY A CONTRACT BETWEEN NICK SOTAR FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $2,080.00 FOR PROPERTY LOCATED AT 33 CENTRAL STREET. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #25. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND EVANGELOUS CHRISIKOS, CONSTANTINE NIKOLLA, AND PETER NIKOLLA FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $5,350.00 FOR PROPERTY LOCATED AT 53-55 CENTRAL STREET. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 7 in favor, 1 opposed (Councilor Marino), 1 abstaining (Councilor Nikolla). Motion passes.

AGENDA ITEM #26. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND MARIA AND STEVEN COLON FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $1,385.00 FOR PROPERTY LOCATED AT 312 MAIN STREET. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #27. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND ROSA NUNEZ FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $5,355.00 FOR PROPERTY LOCATED AT 45 HAMILTON STREET. A motion was made by Councilor Lazo, seconded by Councilor McDonald to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #28. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND ROSE CARANCI FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $1,980.00 FOR PROPERTY LOCATED AT 40 HAMILTON STREET. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Councilor Marino). Motion passes.

AGENDA ITEM #29. VOTE THE FOLLOWING: RESOLVED THAT THE TOWN COUNCIL THROUGH THE TOWN MANAGER ESTABLISHES A POLICY AND PRACTICE TO ENGAGE MORE LOCAL CONTRACTORS AND VENDORS IN THE COMMERCIAL REHABILITATION PROGRAM THAT THE TOWN REGULARLY MAKE AVAILABLE TO ALL LOCAL CONTRACTORS AN INVITATION FOR THEM TO BID ON UPCOMING COMMERCIAL REHABILITATION PROJECTS. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 8 in favor, 1 abstaining (Councilor Marcucci).

AGENDA ITEM #30. VOTE THE FOLLOWING: RESOLVED THAT THE TOWN COUNCIL THROUGH THE TOWN MANAGER ESTABLISHES A POLICY AND PRACTICE OF REQUIRING ALL COMMERCIAL LOAN APPLICANTS TO MEET WITH THE COMMISSION ON DISABILITY FOR TRAINING PURPOSES, FOR BRIEFING AND INFORMATION ABOUT ADA COMPLIANCE AND REQUIREMENTS. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #31. COUNCILORS' FORUM

Councilor Lazo read a statement regarding the case with Police Lieutenant Gary Fontaine. He described how he had asked the Town Accountant for information on how much Lt. Fontaine had been paid while on administrative leave, and what the legal fees were for the town. Councilor Lazo stated these amounts were $71,784 in pay and $3,999 in legal fees. Councilor Lazo stated this case reeked of dirty politics and a kangaroo court. He stated he wanted solid reasons why Lt. Fontaine was placed on administrative leave. Councilor Lazo stated the town needed to either fire Lt. Fontaine or put him back to work.

Councilor Lazo wished everyone a happy Valentine's Day.

Councilor Lazo stated the DPW had done a good job plowing the last storm.

Mr. Carlisle stated regarding the Fontaine case, to his knowledge no case had been brought against him. Mr. Carlisle stated Lt. Fontaine had sued the town, and this case was dismissed, with an appeal on this ruling still open. Mr. Carlisle stated the Town was being defended by MIAA lawyers, and he was not privy to their activities or how widespread the case runs against the town. Mr. Carlisle stated Lt. Fontaine was not convicted and was not cleared. Councilor Lazo stated hopefully this would soon be put to rest.

Councilor Marino asked about the cameras and scales at the landfill. Mr. Carlisle stated the bidding specs were coming together, and the location of the cameras was still to be discussed with the Council.

Councilor Vandal asked about the pending increase in water and sewer rates. Mr. Carlisle stated the public hearing would be coming soon.

Councilor Vandal asked about the status of the Town's census, and Mr. Carlisle stated the Town Clerk had reported on this in the weekly report.

Councilor Vandal asked if the Boy's and Girl's Club had found a home yet. Mr. Carlisle stated he would ask.

Councilor Vandal asked about the difference in gas prices from a local vendor and using the Town's supply. Mr. Carlisle stated he had presented to the Town Council the breakdown of costs provided by Flood's Gas, and he had presented everyone a copy of his contract that outlined the method by which he purchased gas.

Councilor Ferron thanked everyone on the Council and all his friends and relatives who came to his father's wake.

Regarding purchasing gasoline and being reimbursed for it, Councilor Lazo stated the Town Manager was following his contract precisely.

AGENDA ITEM #32. DISCUSSION OF NEXT MEETING DATE

Councilor McDonald recommended 2/27/06, seconded by Councilor Marcucci. Vote by show of hands, 9 to 0 unanimous in favor.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Lazo. Vote by show of hands, 9 to 0 unanimous in favor. The meeting adjourned at 9:54 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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COUNCIL OF THE WHOLE MEETING, TUESDAY, FEBRUARY 7, 2006

A Council of the Whole meeting of the Southbridge Town Council was held on Tuesday, February 7, 2006 in the Rice Conference Room.

AGENDA ITEM #1. Chairman will call the meeting to order. Chairman Chernisky called the meeting to order at 7 p.m.

AGENDA ITEM #2. Roll Call. Councilors present: Chernisky, Langevin, Lazo, Marcucci, Marino, McDonald, and Vandal.

AGENDA ITEM #3. Town Manager Office - A Proposed Reorganization Plan 2006.

Mr. Carlisle stated he was seeking a position within the Town Hall to deal with a myriad of issues, particularly concerning the Town's financial status. Mr. Carlisle stated he wanted this position in place until FY08. He stated this person would deal with a number of issues, including the following:

• 1. Resolving some of the basic contract issues with Casella to financially benefit the Town.
• 2. Potentially paying off the $600,000 owed to the State under the terms of Chapter 475 of the Acts of 2004, which would benefit the Town.
• 3. Dealing with closure and post closure issues at the Town's landfill to the financial betterment of the Town.
• 4. Searching for financial opportunities and ways to get money into the General Fund, predicted to equate to at least $500,000 in realized gain for the Town.
• 5. Dealing with continuity issues in the event Mr. Carlisle or Mrs. Laporte leave Town employ.

Councilor Lazo stated with taxes, water, and sewer going up, and with the recent layoffs in the School side, and with more bad financial news for the Town of Southbridge forthcoming in Fiscal Year 07, he could not support this. Councilor Vandal stated the Town had a competent staff, and with the new computers doing this extra work should be easier.

Councilor Marino asked where the $500,000 would be found. Mr. Carlisle stated it was in a lot of small areas, some of which were visible today and others which needed to be turned up, including going over the indirect costs in the Water, Sewer, and particularly the Landfill Enterprise funds. Mr. Carlisle stated there was $80,000 in tax title moneys on a property near Apollo Drive, which could be converted to free cash. Mr. Carlisle stated that the Cable TV budget pays its way, and that the three Enterprise Fund overhead cost computations needed to be revisited. Mr. Carlisle stated there were areas on the School side where all grant eligible costs were not being paid. Councilor Marino stated there were competent people in the Town Hall who could do this work, and while it may take longer this way he was not in favor of hiring another Town employee.

Discussion was held about pressures on the Town's budget. Mr. Carlisle stated the schools wanted about $1.5 million more money on top of the expected $2.7 million projected budget deficit, as well as about $500,000 a year in technology spending. Mr. Carlisle stated on top of this the Town was faced with increasing health care costs and the obligation of properly funding the Town's retirement. Discussion was held regarding selling town-owned buildings such as the current DPW facility on Pleasant Street and the property at 70 Foster Street.

Chairman Chernisky asked about the Designer Selection Committee for the new DPW facility. Chairman Chernisky asked about the CDM work on net present value analysis of the landfill, and Town's attorney John Giorgio stated this was being worked on now.

Chairman Chernisky stated when Paul Mormino did this type work the Town realized money on the sale of property. Chairman Chernisky stated if the position could also be charged with pursuing grants it would be even more valuable. Chairman Chernisky stated he was concerned about the speed in which any money could be realized, in order to readily apply funds to the FY07 budget.

A motion was made by Councilor Lazo, seconded by Councilor Vandal, to not support the hiring of a new person for the Town Manager's office. Vote -- by roll call -- Councilors in favor of not supporting this position: Langevin, Lazo, Marcucci, Marino, McDonald, and Vandal. Councilors in favor of supporting: Chernisky. Motion passes.

AGENDA ITEM #4. Litigation Status Report.

Attorney Giorgio stated there were currently five cases involving the Town which were in current litigation, as follows:

• 1) The case of ADA compliance, with which Attorney Giorgio believed the Town was now compliant with the order.
• 2) The Pelletier Zoning case, which Attorney Giorgio stated was now awaiting a trial date.
• 3) Santa versus the DPW, which involved a sewer easement on Coombs Street. Attorney Giorgio stated the Town was working toward a settlement and the plaintiff currently had this for consideration.
• 4) Southbridge Associates versus the Town of Southbridge. Attorney Giorgio stated this related to the lease the Town had had for a Special Education site at the AO compound, which it had terminated due to lack of appropriation. Attorney Giorgio stated this was with the courts and had been since October of last year.
• 5) Southbridge School Committee versus the Town of Southbridge. Attorney Giorgio stated when the Commonwealth of Massachusetts had determined Southbridge was a town and not a city, this effectively wiped out the School's argument in this suit.

Attorney Giorgio described other recent legal activity involving the Town.

AGENDA ITEM #5. Town Counsel Discussion.

Mr. Carlisle stated the Town Counsel had asked for recommendations for a Town Attorney, in keeping with the requirements of the Town Charter. Mr. Carlisle recommended Kopelman and Paige as the Town's attorneys.

A discussion was held.

A motion was made to support the confirmation of Kopelman and Paige as Town's Counsel for the remainder of FY06. This motion was made by Councilor McDonald, seconded by Councilor Langevin. Vote by show of hands, all in favor.

Mr. Carlisle stated he would have this on the agenda for the 2/13/06 Town Council meeting.

A motion was made to adjourn by Councilor Lazo, seconded by Councilor McDonald. Vote by show of hands, all in favor.

The meeting adjourned at 9:19 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN COUNCIL MEETING, MONDAY, JANUARY 23, 2006

A meeting of the Southbridge Town Council was held on Monday, January 23, 2006, in the Rice Conference Room. Chairman Chernisky called the meeting to order at 7:00 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE: Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT: CHERNISKY, FERRON, LAZO, LANGEVIN, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS EXCUSED: MARCUCCI.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE JANUARY 9, 2006 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to approve these minutes. Vote by show of hands, unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS

• a. General Government. Councilor McDonald read the minutes of the 1/12/06 meeting.
• b. Department of Public Works. Councilor Lazo stated there would be a meeting on 1/25/06 at 7 p.m. in the Rice Conference Room.
• c. Education and Human Services. Councilor Langevin read the minutes of the 1/17/06 meeting.
• d. Planning and Development. Councilor Vandal read the minutes of the 1/5/06 meeting.
• e. Protection of Persons and Property. Councilor Ferron stated there would be a meeting on 1/31/06 at 7 p.m. in the Rice Conference Room.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated at the recent Massachusetts Municipal Association meeting he had attended a seminar about the requirements for applying for State aid for school buildings. He stated a statement of interest form was a key component for qualifying, and he had downloaded this and would give it to Dr. Hanley of the School Department and Councilor Langevin of the EHS Subcommittee.

Chairman Chernisky reminded the public that nomination papers were now available for the upcoming local election in June.

Chairman Chernisky stated any bid for Town work should be offered up to local vendors, and he wanted the General Government Subcommittee to draft up a policy to this effect. He stated he also wanted the General Government Subcommittee to formulate a policy regarding Town vehicles.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle thanked Senator Moore and Representative Carron for their support in identifying Southbridge as a town and not a city, via recent legislation.

Mr. Carlisle called Landfill Monitor Anna Smith to the podium for an update on landfill activities. Mrs. Smith stated she was finalizing a deal for cameras at the landfill, as well as a scale. She stated there would be three cameras, which had capability to zoom in and move. She described an upcoming move of the weigh station at the landfill, and how this would impact the monitoring of trucks to the landfill. Councilor Marino stated he wanted a written report to the Council for tonnage going to the landfill. Councilor Lazo asked who would be paying for the cameras and the scale. Mr. Carlisle stated the plan was to pay this from the Landfill Enterprise Fund and work toward having Casella reimburse the town. Chairman Chernisky asked how the monitor would know every truck was going over the scale. Mr. Carlisle stated when the new weigh station was built the camera would give a long view of the approaching trucks. Mrs. Smith stated the cameras were motion sensitive, and as such would capture anyone going up after hours. Councilor Lazo asked if this would alleviate the Landfill Monitor from going to the landfill. Mrs. Smith stated she would probably normally be either at the landfill or monitoring from Town Hall. Councilor Langevin asked about another camera to monitor the pad, and Mrs. Smith said she would look into this.

Mr. Carlisle spoke about Chapter 175 of the Acts of 2005, re: death benefits to survivors for volunteer public safety personnel. Mr. Carlisle stated he wanted to discuss this in subcommittee as there were three choices of benefit to offer, and the law goes into effect July 1st, 2006.

Mr. Carlisle projected a 2% rise in the water rate and a 25% rise in the sewer rate. He stated the 25% rise in sewer rate was to accommodate the rise in operating costs as well as some $500,000 to cover the bond for the new DPW facility. Councilor Vandal stated a 25% rise in the sewer rate was "foolish."

Mr. Carlisle stated any discussion about disciplinary proceedings could not be discussed in open forum.

AGENDA ITEM #7. CITIZENS' FORUM

No citizens wished to speak.

AGENDA ITEM #8. BOARD OF REGISTRARS UPDATE ON POLLING PLACES.

Bill Bishop of the Board of Registrars spoke. He stated it was the recommendation of the Board of Registrars to conduct Precinct #4 and Precinct #5 at the Town Armory for the upcoming local election, and to have Precinct #1 in the Senior Center in the upcoming local election. Mr. Bishop stated the Board of Registrars needed at least 20 days advance notice from the Town Council to affect these changes. Councilor Marino stated lots of people walk to the polls, and if they are held at the Armory then perhaps people won't show up. Councilor Langevin asked if the Senior Center had enough room, and Mr. Bishop stated it had good access, parking, and was on one level. Chairman Chernisky stated he was most concerned with Precinct #3 with the long walk down the hall, and the presence of younger children. Mr. Bishop stated the Town Clerk felt the Senior Center could only hold one precinct. Mr. Bishop stated another possible site was the Town Library.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF TINA CHAMPEAU TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #10. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF ANNA SMITH AS MUNICIPAL HEARING OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item.

Discussion was held. A motion was made to send this item to subcommittee by Councilor Vandal, seconded by Councilor Lazo. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: FERRON, LANGEVIN. MOTION PASSES. Chairman Chernisky asked Councilor McDonald to include this in a future General Government Subcommittee meeting.

AGENDA ITEM #11. VOTE TO CONFIRM THE TOWN MANAGER'S REAPPOINTMENT OF WILLIAM K. BISHOP TO THE BOARD OF REGISTRARS FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #12. VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF THOMAS SMALARZ TO THE SCHOLARSHIP COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2009. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #13. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF THOMAS SMALARZ TO THE EDUCATIONAL FUND COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #14. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF AJAY LAROCHELLE TO THE EDUCATIONAL FUND COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #15. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF ARNOLD F. LANNI TO THE EDUCATIONAL FUND COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #16. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF DANIEL CHARETTE TO THE EDUCATIONAL FUND COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Councilor McDonald asked if there was a residency requirement, and Mr. Carlisle stated no. Vote by show of hands, unanimous in favor.

AGENDA ITEM #17. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF DR. DALE M. HANLEY TO THE EDUCATIONAL FUND COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2007. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #18. VOTE TO RATIFY A CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND CGK RESTAURANTS, INC. FOR COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION ASSISTANCE ACTIVITIES IN THE AMOUNT OF $2,290.00 FOR PROPERTY LOCATED AT 55 CENTRAL STREET. A motion was made by Councilor McDonald, seconded Ferron, to vote this item.

Councilor Lazo made a motion to send Agenda Items #18, #19, #20, and #21 to subcommittee for further discussion, seconded by Councilor Langevin. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #22. VOTE THE FOLLOWING: RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF SOUTHBRIDGE SUPPORTS THAT WATER, SEWER AND ELECTRICAL SERVICE BE PROVIDED TO THE INDUSTRIAL PARK.

Councilor Marino made a motion to send this item to subcommittee, seconded by Councilor Lazo. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: LANGEVIN, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: CHERNISKY, FERRON. MOTION PASSES.

AGENDA ITEM #23. COUNCILORS' FORUM

Councilor Vandal asked about providing the homeless family in town that is living in a van with one of the vacant town-owned homes to live in for now.

Councilor Vandal asked about selling the land in the 600 block of Main Street for $10,000, and the Town providing money for upkeep of this property. Mr. Carlisle stated the idea of providing landscaping was included in the initial negotiations, and he would look into the funding for this landscaping.

Councilor Vandal asked whether the Town would receive any tax benefit from the new scale house at the landfill, and Mr. Carlisle stated yes.

Councilor Vandal asked about the Town's attorneys moving. Mr. Carlisle stated they were moving from one location in Boston to another.

Councilor Vandal asked about paying street sweeping expenses from the Landfill Enterprise Fund. Mr. Carlisle described renting a sweeper last year from Casella for about $7,000, and billing the Landfill Enterprise Fund instead of the General Fund. Councilor Vandal stated if the State was going to be potentially reimbursing the Town around $930,000, then perhaps some of this money should go towards buying a new street sweeper.

Councilor Vandal stated he supported the Boys and Girls Club, but not in the Armory building. He stated the Town should rent the old water company building to the Boys and Girls Club.

Councilor Nikolla stated she had attended the National Honor Society induction ceremony at Southbridge High School the past week, and she was very impressed with the program and the effort that went into this. She said it was heartwarming to see the kids in town go after important things such as excellence.

Councilor Ferron stated the DPW did a good job with today's storm.

Councilor Langevin stated he wanted an update on the Town's attorney search. Mr. Carlisle stated within a couple of weeks he would have his recommendations available, and he hoped for a Council of the Whole meeting to determine the best course of action.

Councilor Langevin stated while he respected the wishes of the Armory neighborhood, he felt it was in the best interest of the entire town to use the Armory as the site of the Boys and Girls Club. He stated he wanted the Council to look at this option, even if only for a one year trial period.

Councilor Lazo stated he had been asked by a citizen to ask the Council Chairman about discussions with Charlton for any potential alternate site for the access road. Chairman Chernisky stated he had had no formal meetings yet.

Councilor Lazo stated the Town had committed too much money for the landscaping to be done at the 600 Main Street block.

Councilor Lazo stated the Town was probably better off settling with the resident on Sunnyhill Drive for $3,000 in repairs, rather than have to defend against a lawsuit.

Councilor Marino asked about the hangar at the Southbridge Airport. Mr. Carlisle explained that the Airport Commission had approved turning over the hangar to the airport operator. Councilor Marino asked who would receive rent revenues from this building in the future, and Mr. Carlisle stated he would look into this.

Chairman Chernisky stated he was also pleased at the recent National Honor Society event at the high school, and he commended the students and their parents.

Chairman Chernisky stated there would be a DPW subcommittee meeting in the coming week to discuss water and sewer rates, and he invited any citizen to attend this meeting.

Chairman Chernisky stated if there was any additional funds coming from the State to the Town, he hoped to apply this money to offsetting the tax rate.

Chairman Chernisky stated the Southbridge Interfaith Hospitality Network does a tremendous job with helping people who need temporary relief. He stated regarding the family that is living in a van in town, they were not amenable to the apartment which SIHN had offered them, and he didn't think the Town should give a handout to someone who is just looking for a handout.

Chairman Chernisky stated regarding discussion of the Town attorney, he wanted a Council of the Whole meeting in about two weeks to discuss this issue. Mr. Carlisle stated he would like also to talk about the Town Manager's office reorganization plan at that time.

AGENDA ITEM #24. Discussion of next meeting date. Councilor McDonald recommended 2/13/06 as the next meeting date, seconded by Councilor Ferron. Vote by show of hands, all in favor.

A motion was made to adjourn by Councilor Langevin, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor. The meeting adjourned at 8:34 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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TOWN COUNCIL MEETING, MONDAY, JANUARY 9, 2006

A meeting of the Southbridge Town Council was held on Monday, January 9, 2006, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:00 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE: Chairman Chernisky led the Council in the Pledge of Allegiance.

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT:

Town Council. Councilors present: CHERNISKY, FERRON, LAZO, LANGEVIN, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS EXCUSED: MARCUCCI.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF:

December 19, 2005 Public Hearing. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, unanimous in favor.

December 19, 2005 Regular Meeting. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, unanimous in favor.

SUBCOMMITTEE REPORTS:

• a. General Government. Councilor McDonald stated there was a meeting scheduled for 1/12/06 at 7 p.m. in the Rice Conference Room.
• b. Department of Public Works. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
• c. Education and Human Services. Councilor Langevin stated there was a meeting scheduled for 1/17/06 at 7 p.m. in the Rice Conference Room.
• d. Planning and Development. Councilor Vandal stated a meeting was held on 1/5/06, and the minutes would be read at the next meeting.
• e. Protection of Persons and Property. Councilor Ferron stated there would be a meeting scheduled soon to discuss Parking on Crescent Street and promotions at the Fire Department.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated tomorrow night the School Committee would be holding a public hearing on the school budget, and he encouraged anyone interested to attend or watch it on public access television.

Chairman Chernisky stated both Keyspan and Charter had announced increases in rates.

Chairman Chernisky thanked Senator Moore for trying to get the Town's Armory given to the Town of Southbridge at no charge, and also for his and Representative Carron's efforts in determining that Southbridge was a town and not a city.

Chairman Chernisky stated he had received a letter from Councilor Marino, asking for discussion on keeping the Town's railroad tracks in place. He stated this would be discussed at General Government Subcommittee.

TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the State Senate has acted upon clarification of Southbridge's status as a town, and according to Senator Moore when the Senate goes back into session on Thursday he expected this question to go to the Governor for approval.

Mr. Carlisle spoke about the proposed Town Manager office reorganization plan. He stated this plan would increase the efficiency of the office, and he wanted this discussed at subcommittee.

Mr. Carlisle gave an update on the snow and ice expenses for the current year. He stated the current account was about $38,000 in the red, and this deficit would be captured in the next tax levy.

Mr. Carlisle stated the net school spending had been certified. He stated the Town had exceeded spending by about $2 million, and for FY06 the Town is about $1.7 million in excess of required school spending. Mr. Carlisle stated the computation of net school spending reflected a disconnect between what is and what is not enough to fund Town functions, and the Town needed to confront the necessity of proper funding for Town functions. Councilor Vandal asked if this meant the Town was given the School Department $1.7 million more than it legally had to, and Mr. Carlisle said yes.

Mr. Carlisle described how after a 3 to 4 year struggle the Town had responded to the lawsuit filed on behalf of the Americans with Disabilities Act, and was now at a point where every structure that was cited has been brought up to ADA standards. Mr. Carlisle stated there was one more round of plumbing work and a handrail required at the Airport diner. He stated a hookup was coming to the Town Clerk's office for the hearing impaired. Mr. Carlisle stated the Town needed to finish up making the polling places handicap accessible, and the Board of Registrars was looking at other possibilities regarding this.

AGENDA ITEM #7. CITIZENS FORUM

Arnold Lanni of Blanchard Drive described various ways to encourage economic growth and development in the Town, and presented the Council with handouts of various programs which address this.

Donald Bailey of Pleasant Street spoke about trucks using Pleasant Street to go to the landfill, and that the Council should work on finding an access road to the landfill. He stated the Council was giving the public a "snow job" regarding landfill activities. Chairman Chernisky stated there were not enough votes on the Council right now to build an access road off of Worcester Street. Councilor Marino stated the only snow job given was the one by former town manager Florence Chandler ten years ago when the landfill operator contract was signed. Councilor Marino stated the Council should get a full report telling how the Landfill Enterprise Fund moneys have been used over the past ten years. Mr. Carlisle stated he would be happy to disburse this information to the Council. Mr. Bailey asked how much time remained on the landfill contract, and Mr. Carlisle stated ten more years.

AGENDA ITEM #8. VOTE TO ENTER INTO AN AGREEMENT WITH MAX E. GULLEKSON AS THE TOWN COUNCIL RECORDING CLERK FOR THE PERIOD OF JANUARY 1, 2006 THROUGH JUNE 30, 2006. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Councilor Vandal asked why this was only for six months, and Chairman Chernisky stated it was his understanding the reason for this was to more closely align the contract for this function with the Town's fiscal year. Vote by show of hands, unanimous in favor.

AGENDA ITEM #9. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF DARLENE KULESZA TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #10. VOTE TO RATIFY THE TOWN MANAGER'S AWARD OF THE SALE OF TIMBER AT THE SOUTHBRIDGE WATERSHED TO GREEN MEADOW LUMBER IN THE AMOUNT OF $8,300.00. A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote this item.

Councilor Vandal asked if this price was a little low. Mr. Carlisle stated much of the area slated for cutting contained diseased red pine, and the Town needed to have this diseased wood removed and replaced with more healthy white pine, to maintain the clarity of the water. Councilor Vandal stated Whitewater company should be running the water supply and not the surrounding land. Mr. Carlisle stated Whitewater had maintained a relationship with a forester who handles the trees, and the contract is between the forester and the Town of Southbridge. Councilor Ferron stated he had spoken with DPW Director Clarke, who stated he was surprised the Town was getting more than $3, to $4,000 for the lumber. Councilor Ferron stated he wanted more monitoring of the lumber removal to ensure only the agreed wood was removed. Councilor Vandal asked if this lumber included the area behind the Town Armory, and Mr. Carlisle stated no.

AGENDA ITEM #10. Vote by show of hands, unanimous in favor.

AGENDA ITEM #11. VOTE TO TRANSFER $16,000.00 FROM TOWN COUNCIL RESERVE ACCOUNT TO DATA PROCESSING ACCOUNT (TO BE REFERRED TO GENERAL GOVERNMENT SUBCOMMITTEE). A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Mr. Carlisle described how one of the Town's four computer hard drives had expired between Christmas and New Year's Eve. Mr. Carlisle stated the Town Treasurer went on line and managed a new way of processing the tax bills, and the bills were mailed on time. Mr. Carlisle stated the remaining three drives would fail at some point and a new system needed to be installed. Mr. Carlisle stated from the time of a positive vote it would take about two weeks to get the crew in and set up the system. Councilor McDonald stated it would be part of the Thursday night General Government Subcommittee meeting.

Councilor Ferron asked why the Town had just recently paid for recent computers which didn't include new servers. Councilor Ferron asked if $16,000 would be enough for four servers. Chairman Chernisky stated it would go to subcommittee to work it out.

AGENDA ITEM #11. Vote by show of hands, unanimous in favor.

AGENDA ITEM #12. VOTE TO ACT ON A RECOMMENDATION OF THE PLANNING AND DEVELOPMENT SUBCOMMITTEE FOR A TRANSPORTATION STUDY CONTRACT WITH IBI GROUP. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #13. COUNCILORS' FORUM

Councilor Vandal stated he wanted to rescind his vote from the 12/19/05 meeting regarding the increase in the tax rate.

Councilor Vandal asked about the two houses on Worcester Street near the proposed access road. Mr. Carlisle stated one house in particular stood in the line of the utility easement.

Councilor Vandal asked about any discussions for an alternative site for an access road, and Chairman Chernisy stated there were no formal discussions.

Councilor Vandal stated precinct #4 should be kept at Eastford Road, and the school needed handicap accessibility.

Councilor Vandal stated the Town Council had agreed to not putting the Boys and Girls Club into the Armory building.

Councilor Vandal stated Charter was going up 4% in its rate for cable TV, and that people with basic service should not be charged more.

Councilor Vandal expressed concern about Casella's operation in Holliston, specifically how the transfer site might be affecting the town's water supply.

Councilor Marino asked about consolidating all the Town's precincts into one polling place.

Councilor Marino asked about the Town Manager's gas account for his vehicle.

Councilor Lazo asked about the sale of property in the 600 block of Main Street. He stated because of the low price did this include a restricted use clause, and Mr. Carlisle stated yes, with intended use for a parking lot, with no building to be built.

Councilor Lazo asked why Sandy Acly was involved. Mr. Carlisle stated because this involved physical improvements of a downtown area of Southbridge. Mr. Carlisle stated Mrs. Acly had worked with several of the abutters, and volunteers for landscaping, and had encouraged the owner to proceed with renovation work on the property, as well as explaining the various programs to the owner to help improve his property.

Councilor Lazo stated he had read the Planning Board minutes from 12/7/05, and was concerned about comments regarding private dumpsters on Ashland Ave being cited, when they were a good distance from the street. He stated the Planning Board needed to be fair.

Councilor Lazo stated paying for a police lieutenant to not work needed to end. He asked the Town Manager if he could provide a date for resolution, and Mr. Carlisle stated he would check with Attorney John Carey to see if he could answer that question.

Councilor Lazo asked about the proposed Town Manager office reorganization plan, and if this meant hiring someone like the previous Project Manager. Mr. Carlisle stated it was to either hire or get services provided, and he wanted to discuss this at subcommittee.

Councilor Langevin stated he had received word that someone with Connecticut plates had been using the sand behind the Town barn, and wanted to know if this situation could be rectified.

Councilor Langevin asked why the Town was doing snow removal when the temperatures were going to be much warmer for the coming week. He stated the Town needed to spend its money carefully, and he wanted a cost breakdown of one night of snow plowing.

Councilor Ferron stated it was not in the Town's best interest to intentionally underfund the snow removal account.

Councilor Ferron stated the State wanted to assess the Town $75 for every dam in the town, which he found ridiculous.

Discussion of next meeting date. Councilor McDonald recommended 1/23/06 as the next meeting date, seconded by Councilor Langevin. Vote by show of hands unanimous in favor.

A motion was made to adjourn by Councilor Ferron, seconded by Councilor Langevin, to adjourn. Vote by show of hands, unanimous in favor. The meeting adjourned at 8:18 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

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