Tour Southbridge! Click any image for a larger view. You may view the full Photo Gallery by clicking the link! Main Street, looking East Jacob Edwards Library Town Hall Meeting Room Beautiful Churches Fire Station, from Town Hall tower View North from Town Hall tower View North from Town Hall tower

Minutes of Meetings, 2008
Click here for meetings from 2007, 2006 or 2005

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, DECEMBER 22, 2008

A meeting of the Southbridge Town Council was held on Monday, December 22, 2008, in the Robert MacKinnon Council Chambers. Council Chairwoman Nikolla called the meeting to order at 7:08 p.m.

Agenda Item #1. Pledge of Allegiance. Chairwoman Nikolla led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Councilors excused: King, Vecchia.

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

December 8, 2008 - Public Hearing. A motion was made by Councilor Livengood, seconded by Councilor Regis, to approve these minutes. Vote by show of hands, all in favor.

December 8, 2008 - Regular meeting. A motion was made by Councilor Livengood, seconded by Councilor Regis, to approve these minutes. Vote by show of hands, all in favor, Councilor Lazo abstains.

Agenda Item #4. Subcommittee Reports:

General Government. Chairwoman Nikolla said there were no minutes to read.
Department of Public Works. Councilor Vandal read the minutes of the 12/9/08 and the 12/16/08 subcommittee meetings.
Education and Human Services. Councilor McDonald said there were no minutes to read and no meeting was scheduled.
Planning and Development. Councilor Livengood read the minutes of the 12/4/08 meeting, and said a meeting was scheduled for 1/8/09.
Protection of Persons and Property. Councilor Lazo said there were no minutes to read and no meeting was scheduled.
Town Manager. Councilor Regis said there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairwoman Nikolla stated the terms of the Citizen Members of the various subcommittees would expire at the end of December, and he wanted all the Chairs of the subcommittees to determine who would be their Citizen Members for the following six months.

Chairwoman Nikolla thanked the various members of the DPW who had decorated the Town Common with Christmas lights.

Chairwoman Nikolla said Councilor Vecchia has been sick, and she wished him a quick and speedy recovery.

Chairwoman Nikolla wished everyone a Merry Christmas and happy holidays.

Agenda Item #6. Town Manager Announcements

Town Manager Clark wished the Town Council, the town employees, and the residents of town a Merry Christmas and a Happy New Year.

Agenda Item #7. Citizens' Forum

Lin Johnson, the owner of Bramble House Florist on Hamilton Street, decried the no parking signs that preceded the snow removal operation on Hamilton Street, and stated this no parking had cost him and other Hamilton Street businesses two days of pre-Christmas business.

George Chenier stated the reason roads are passable in town is because of the enforcement of no parking bans.

Agenda Item #8. Vote to ratify the Intermunicipal Agreement with the Town of Charlton contingent upon the Town Manager and DPW Director obtaining the necessary language changes and information from the Town of Charlton. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item.

Councilor Logan said a good discussion had been held at subcommittee, but he still didn't like the requirement to sell water to Charlton even if there is a drought. Mr. Clark stated the Intermunicipal Agreement between Southbridge and Charlton was limited to 100,000 gallons a day. Mr. Clark stated Southbridge will operate and maintain the system, and Charlton will at their cost construct a system in Charlton. Mr. Clark stated a connection fee is required of Charlton. Mr. Clark stated the primary reason for this water deal is to deal with the contaminated properties in Charlton. DPW Director Ken Kalinowski stated the safe yield from the Southbridge water supply is about 5 million gallons a day, with the current DEP permitting allowing 2 million gallons a day.

Councilor McDonald said he was originally in support of this when it was for humanitarian purposes, but in the packet it had been described how some of the water would be for other uses. Mr. Clark described that the vast majority of the water is for residential uses, but in the 11th hour three properties had been added, including the Glickman property, which will be a big user. Councilor McDonald stated the Glickman property was added after the Council was told of the agreement. Councilor McDonald expressed concern that Kopelman and Paige was representing both towns in this matter. Councilor McDonald asked if the DEP could force Southbridge to provide water to anyone. Chairwoman Nikolla stated the daily amount was limited to 100,000 gallons of water per day. Mr. Clark stated this deal was between Southbridge and Charlton, and the DEP was not a player in the initial agreement. Mr. Clark stated this new agreement was much better for Southbridge, as the town now had better control over the usage of this water.

Councilor Logan asked if the DEP can force Southbridge in the future to provide more water than 100,000 gallons a day. Mr. Clark stated not in his opinion, as this would require a contract amendment which would again have to go through Council vote. Mr. Clark described the advantages of a cooperative working relationship with the DEP. Councilor Lazo stated Southbridge should be in the water business, to help stabilize the Town's water rate.

Agenda Item #8. Vote by roll call, Councilors in favor: Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to accept the gift of public are (giant pair of eyeglasses) from the Optical Sculpture Committee to be placed on the Town Common in a designated location to be reserved for this project for a period of three years. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item.

Janina and Nancy Swiacki gave a presentation to the Town Council, and implored them to accept ownership of this art gift on behalf of the town.

Agenda Item #9. Vote by roll call, Councilors in favor: Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to accept the ten items on the FY 2008 Priority Action List as presented at the Planning and Development Subcommittee meeting of December 4, 2008. A motion was made by Councilor Livengood, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal.

Agenda Item #11. Councilors forum

Councilor Livengood stated a lot of people are having a tough time right now, and he wished everyone would focus on the real meaning of Christmas as a religious holiday, marking the birth of Jesus Christ. He wished all who believed otherwise happy holidays and a safe and happy new year.

Councilor Regis stated it had come to her attention that there were problems with the parking in the Edwards Block parking lot and parking for Main Street residents. Councilor Regis asked if people could be better educated about the requirement for a parking sticker, and whether the Town Manager could facilitate this.

Councilor Regis wished everyone Merry Christmas and Happy New Year.

Councilor McDonald wished everyone a happy and safe holiday, and he looked forward to another progressive year in 2009.

Councilor Logan thanked the Town Manager for having Nick Tortis look into handicap parking for the Blockbuster store in town.

Councilor Logan asked if Exxon-Mobil Corporation could be approached to provide Southbridge with financial aid, based on our providing water to Charlton to offset the loss of water which was a result of the gasoline spill in Charlton.

Councilor Logan encouraged people to drive around Southbridge at night, that the Town looks like a postcard, and he wished everyone a Merry Christmas.

Councilor Lazo read a certificate of appreciation to Rudy DiGregorio for his many years of providing Southbridge with art displays, particularly the Christmas displays around town. Councilor Nikolla accepted this certificate on behalf of her father.

Councilor Lazo thanked the DPW for taking care of the town's streets after the recent storm.

Councilor Lazo thanked Councilor Regis for the Christmas card.

Councilor Lazo encouraged people to drive by Councilor King's house, as he had outdid himself with his yard display.

Councilor Lazo asked citizens to clean out any fire hydrants they may have on their property.

Councilor Lazo wished his colleagues and the Town a Merry Christmas and Happy New Year.

Agenda Item #12. Discussion of next meeting date. Councilor Lazo recommended 1/12/09 as the next meeting date. Vote by show of hands, all in favor.

A motion to adjourn was made by Councilor Lazo, seconded by Councilor Regis. Vote by show of hands, all in favor. The meeting adjourned at 8:15 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, DECEMBER 8, 2008

A meeting of the Southbridge Town Council was held on Monday, December 8, 2008, in the Robert MacKinnon Council Chambers. Chairwoman Nikolla called the meeting to order at 7:03 p.m.

Agenda Item #1. Pledge of Allegiance. Chairwoman Nikolla led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Councilors excused: King, Lazo.

Agenda Item #3. Consider and accept the minutes of the November 24, 2008 meeting. A motion was made by Councilor Livengood, seconded by Councilor Regis, to approve these minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee Reports:

a. General Government. Chairwoman Nikolla read the minutes of the 12/1/08 General Government meeting.
b. Department of Public Works. Councilor Vandal said there was a meeting of the DPW Subcommitee on 12/9/08 at 7 p.m. in the Rice Conference Room.
c. Education and Human Services. Councilor McDonald read the minutes of the 12/3/08 EHS meeting.
d. Planning and Development. Councilor Livengood said there was a meeting of the Planning and Development Subcommittee on 1/8/0 at 7 p.m. in the Rice Conference Room.
e. Protection of Persons and Property. Chairwoman Nikolla read the minutes of the 12/2/08 PPP Subcommittee meeting.
f. Town Manager. Councilor Regis read the minutes of the 12/3/08 Town Manager Subcommittee meeting, and asked all Councilors to review the draft work provided by Subcommittee member Deborah Gregoire-Lefebvre.

Agenda Item #5. Chairman's Announcements - Certificates of Appreciation

Chairwoman Nikolla read a certificate of appreciation and presented such to Mark and Mary Zarazinski, in tribute to their work in promoting the Disability Commission. Mr. Zarazinski stated he felt honored to work on the commission on disability, and wished everyone "Wesolych Swiat," which means happy holidays in Polish.

Chairwoman Nikolla read a certificate of appreciation and presented such to Nelson Gagnon for his 20 years of work cleaning up the Downtown area.

Agenda Item #6. Town Manager's Announcements

Town Manager Clark stated he had checked with the Town's attorneys and the Charter review was due to happen in July of 2009.

Mr. Clark stated regarding soil going to the landfill with lead contaminant, the reports were in and the amount found was 260 mg/kg, which is well within the DEP acceptable limit of 2000 mg/kg.

Mr. Clark stated the Town had received several favorable bids on the access road, and he would come back to the Council at the right time to seek an award for this work.

Mr. Clark stated "Shop Southbridge for Santa" would be held on Friday, 12/12/08, with Downtown shops open until 8 p.m. Mr. Clark stated this was a program to promote local vendors on Hamilton Street, Main Street, Central Street, Goddard Street, and Foster Street, and he encouraged everyone to attend and support local business.

Mr. Clark stated on Thursday, 12/11/08, at 7 p.m., there would be a public hearing on the operation of the local cable TV, and anyone interested could weigh in. Mr. Clark stated Federal law governs the content, as well as fees related, and this forum was a way to discuss customer service related issues.

Mr. Clark stated the proposed Traffic Commission would consist of 5 people, 2 of whom would be citizens at large, and the Town was looking to fill these 2 slots. Mr. Clark stated this proposed committee would be a place for changes proposed to be vetted on their way to PPP Subcommittee for final recommendation to the full Council.

Agenda Item #7. Citizen's Forum

Scott Benoit, representing the Claire Birtz Society, stated the Society was willing to put up $15 of the required $20 fee for anyone who wished to learn CPR via the classes held at the Fire Station. Mr. Benoit stated the application forms were available in the Town Clerk's office.

Nelson Gagnon of Central Street stated he was not actually through, just cutting back from seven days to five days, only once a day. Mr.Gagnon stated the Central Street parking area needed to be cleaned at least once a week.

At this point a motion to move Agenda Item #8 to later in the presentation was made by Councilor McDonald, seconded by Councilor Livengood. Vote by show of hands, all in favor.

Agenda Item #9. Vote to confirm the appointment of Margaret Morrissey as Director of the Jacob Edwards Library for the Town of Southbridge for a three-year term to expire December 8, 2011. A motion was made by Councilor Regis, seconded by Councilor Livengood, to vote this item. Councilor Vecchia referred to Mrs. Morrissey as a champion of education. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Mrs. Morrissey thanked the Town Manager and the Town Council.

Agenda Item #10. Vote to ratify the Employment Agreement with Margaret Morrissey effective December 9, 2008 through December 8, 2011. A motion was made by Councilor Livengood, seconded by Councilor Regis, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #8. Tax Classification presentation by the Board of Assessors.

Principal Assessor Wilfrid Cournoyer, on behalf of the Board of Assessors, presented the tax classification public hearing. (see the attached). Mr. Cournoyer stated the Southbridge Board of Assessors recommended a single tax rate for the Town of Southbridge. Mr. Cournoyer described how Southbridge compared to other states in the Commonwealth. Mr. Cournoyer described several of the exemptions available to people who are seeking municipal tax relief.

Agenda Item #11. Vote to amend Agenda Item #16 of the Town Council meeting on August 11, 2008

From: Vote to appropriate the sum of $76,000.00 for the purpose of purchasing two Police Department vehicles for the Town of Southbridge and to authorize the Town Treasurer, in order to meet such appropriation, to borrow the sum of $76,000.00 under Chapter 44, Section 7 of the General Laws or any other enabling authority, and to issue bonds or notes therefore.

To: Vote to raise and appropriate the sum of $76,000.00 for the purpose of purchasing two Police Department Vehicles for the Town of Southbridge. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal. Councilors abstaining: Vecchia. Vote passes.

Agenda Item #12. Vote to raise and appropriate $183,600 to the FY 2009 General Fund Budget as follows:

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

Councilor Vecchia asked the Town Manager about the Town Council Reserve, and the DPW Operations Capital budget of $70,000. Mr. Clark stated the Town Council Reserve is a place to park money for use to cover contingencies between now and the end of the fiscal year. Mr. Clark stated regarding the DPW fund, this concerned items which had been provided by DPW Director Kalinowski. Mr. Kalinowski described replacing three truck bodies within the DPW equipment, specifically two dump bodies and a slide in standard, which when furnished and installed will cost about $70,000.

Councilor Logan asked about the $80,000 Salary Adjustment. Mr. Clark stated the Town was currently in negotiation with a couple of unions, and he wanted to cover the cost of this fiscal year.

Councilor Regis asked about the Recruitment and Processing for $6,000, and the Unemployment-School for $75,000. Mr. Clark stated there were positions known that needed to be filled and advertised for. Mr. Clark stated regarding the unemployment on the School side, the original budgeted amount of $95,000 was almost depleted, and the Town was hoping the $75,000 would bring it to the end of the fiscal year.

Councilor Regis stated regarding the DPW Operations Capital budget she didn't agree with the way this is done, and she would rather use one time revenues for capital purchases, in an attempt to get a whole truck rather than piecing one together. Councilor Nikolla asked how much it would be to replace a truck outright, and Mr. Kalinowski stated about $120,000 or $170,000.

Agenda Item #12. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #13. Vote to apply $2,714,600 being part of the July 1, 2008 Certified Free Cash to reduce the FY 2009 Tax Levy. A motion was made by Councilor Livengood, seconded by Councilor McDonald, to vote this item.

Councilor Vecchia stated he was happy that the Town had 10% in cash reserves for the future. Councilor Regis stated she didn't agree with using one-time revenues to balance a budget, and that it was important to not use up the reserve in FY 2010. Councilor Regis stated it would be wise to create stabilization funds for future projects.

Agenda Item #13. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #14. Vote to establish a tax classification of 1.00 for tax purposes. A motion was made by Councilor Livengood, seconded by Councilor Regis, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #15. Vote to adopt varied classifications of property for tax purposes including open space discount and residential exemption. A motion was made by Councilor Livengood, seconded by Councilor Regis, to vote this item. Vote by roll call, Councilors opposed: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote fails.

Agenda Item #16. Vote to adopt a single tax rate for all classes of property. A motion was made by Councilor McDonald, seconded by Councilor Regis, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #17. Vote to appropriate from July 1, 2008 Certified Free Cash the sum of $1,200,000.00 to the Town "Stabilization Fund." A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #18. Vote to approve the grant application for the COPS Secure Our Schools Grant contingent upon a favorable vote of the School Committee at their meeting of December 9, 2008. A motion was made by Councilor Regis, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #19. Vote to approve the Town Manager's establishment of a Traffic Commission consisting of the following: Town Manager, Director of Public Works, Chief of Police and two Citizen Members that shall be appointed for a three-year term.

Agenda Item #20. Vote to authorize the Town Manager to submit a grant application for Community Development Grant Reserve funds for the adaptive reuse of Memorial Hall. A motion was made by Councilor Livengood, seconded by Councilor Logan, to vote this item.

A presentation was given by Bailey and Boyd representative Alice Boyd, as well as Colm Cryan, owner of the building, who in some detail described the work already done and the work planned. Mr. Cryan provided a handout (see attached).

Councilor McDonald asked how many housing units were there, and Ms. Boyd stated there were seven units planned.

Councilor Vandal asked what was the definition of "affordable," and Ms. Boyd stated it was based on 80% of the median income for a resident in Southbridge. Councilor Vandal asked if they expected kids in these units. Councilor Vandal asked if this funding came from the CDBG, and Ms. Boyd said no, that the funds were set aside after last years' CDBG allocation, and it won't impact the Town's CDBG.

Ron Chernisky of Clemence Hill Road urged the Town Council to send the message to businesses that Southbridge was "open for business," by supporting this project.

Agenda Item #20. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #21. Councilors Forum

Councilor Logan inquired why in the Big Y Plaza only Big Y had handicap access, and the other stores didn't. Mr. Clark said he would check with the business owners.

Councilor Logan stated there were a number of controversial points in the agreement with Charlton. Councilor Logan stated he wanted more community input into the contract. Discussion was held with Town Manager Clark and Councilor Logan. Councilor Logan urged other Councilors to read the document carefully prior to coming to subcommittee. Mr. Clark stated the rate of flow was capped at 100,000 gallons right now, and the primary purpose is the homes that were impacted by the gas leak, and as such the humanitarian cases. Mr. Clark stated they had to craft language to give the Town some flexibility as the plume of pollution may eventually include other properties Mr. Clark stated Charlton wanted to do a second agreement, and they would discuss the larger issues before doing this second deal. Further discussion was held.

Councilor McDonald stated he too was uncomfortable with the contract, and felt it was too lenient, and that we should get money up front as an investment into the system on the part of Charlton rather than just charging them our rate. Councilor McDonald stated it was Southbridge that bore the cost of the water filtration system, and now Charlton is to benefit from the same rate? Mr. Clark stated his predecessor had already presented an agreement with Charlton, allowing for 500,000 gallons, and we had already signed off. Mr. Clark stated the Town had taken an action prior to his arrival, and had made commitments it could not live up to, and he was now trying to reform it to make it workable. Mr. Clark stated we were now in a bit of a situation where Charlton could try to enforce the contract. Councilor McDonald said it wasn't right to come in at the last minute and ask folks to understand.

Councilor Vecchia thanked the police chief and the Town Manager for clearing up the parking situation on Sayles Street, around where the new hospital construction is taking place.

Councilor Regis said this water deal with Charlton is a short term agreement. Mr. Clark concurred the original intent was for a temporary document. Mr. Clark stated the Department of Environmental Protection says we can't shut them off, that is, the impacted ones with the private wells. Councilor Regis asked if our commitment was limited to them, and Mr. Clark stated yes. Councilor Regis stated our rates were kept artificially low for several years, and were not increased at all, which wasn't the best thing to do. Councilor Regis stated as long as this deal didn't jeopardize our supply then we should do it, to help stabilize the water rates.

Agenda Item #22. Discussion of next meeting date. Chairwoman Nikolla announced, with the general consensus of the Council present, that 12/22/08 was the next meeting date.

Agenda Item #23. Adjournment. Councilor Regis made a motion to adjourn, seconded by Councilor Livengood. Vote by show of hands, all in favor. The meeting adjourned at 9:08 p.m.

Respectfully submitted,

Max Gullekson,
Council Recording Clerk

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, NOVEMBER 24, 2008

A meeting of the Southbridge Town Council was held on Monday, November 24, 2008, in the Robert MacKinnon Council Chambers. Chairwoman Nikolla called the meeting to order at 7 p.m.

Agenda item #1. Pledge of Allegiance. Chairwoman Nikolla led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia.

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

Emergency Council of the Whole Meeting - November 3, 2008. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to approve these minutes. Vote by show of hands, 8 in favor, 1 abstention (Regis).

Town Council Meeting - November 3, 2008. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to approve these minutes. Councilor King made the correction to reflect he had abstained on the vote on Agenda Item #19, re: snow plow bids. Vote by show of hands, unanimous in favor.

Agenda Item #4. Subcommittee Reports:

General Government. Councilor King stated the minutes of the 11/12 and 11/20/08 subcommittee meetings were available for review in the Town Clerk's office. Councilor King stated there would be a meeting scheduled for 12/1/08, at 7 p.m., in the Rice Conference Room.
Department of Public Works. Councilor Vandal read the minutes of the 11/19/08 meeting.
Education and Human Services. Councilor McDonald read the minutes of the 11/10/08 meeting.
Planning and Development. Councilor Livengood read the minutes of the 11/6/08 meeting.
Protection of Persons and Property. Councilor Lazo read the minutes of the 11/5/06 meeting, and stated there was another PPP Subcommittee meeting scheduled for 12/2/08, at 7 p.m., in the Rice Conference Room.
Town Manager. Councilor Regis stated there was a Subcommittee meeting scheduled for 12/3/08 at 7 p.m. in the Rice Conference Room, to discuss formulating a Town Manager evaluation.

Agenda Item #5. Chairman's Announcements

Chairwoman Nikolla described the 11/21/08 Southbridge Emergency Fuel Assistance Program (SEFA) fundraiser, which had taken place at the Southbridge Community Center. Chairwoman Nikolla described the numerous people who had become involved, including the Town Manager, the DPW Director, the Board of Health Director, and the Police and Fire Chiefs, and how this fundraising dinner event had come together with the help of many in the community. Chairwoman Nikolla stated to date the fund has raised over $12,000.00 to help assist the needy who are in a fuel crisis this winter. Chairwoman Nikolla described the number of companies which had provided free food for the meal which was prepared at the November 21st dinner fundraiser. Chairwoman Nikolla named the many people who had been involved.

Chairwoman Nikolla stated the following night, on the 22nd, an impromptu fundraiser was held at 12 Crane Street for SEFA, with a live band, and this event raised an additional $1,000.

Chairwoman Nikolla described the following night, November 23rd, when she attended the rally bonfire at Southbridge High School. Chairwoman Nikolla stated without Steve Lazo the event never would have taken place.

Chairwoman Nikolla stated it was the people who did things for the community that made it work. She stated she gets upset at people who disrespect the community when there are people who are trying to make it better. Chairwoman Nikolla stated when people came out for the betterment of the community without expecting anything in return, is when Southbridge benefits the most. She stated she was proud to be part of the many positive things which had occurred recently, was proud to be living in Southbridge, and was proud to be on the Town Council.

Councilor Nikolla stated at the previous meeting there were questions regarding promotional criteria and how these were to be discussed at Town Council meetings. Chairwoman Nikolla asked Councilor King to add this for discussion at the next General Government Subcommittee meeting. Chairwoman Nikolla stated her intent to talk about promotions in subcommittee rather than at full Council meeting.

Chairwoman Nikolla asked about a Traffic Commission and Town Manager Clark stated this was still coming along.

Chairwoman Nikolla asked who was in charge of leaf recycling bags and Mr. Clark stated the Board of Health.

Agenda Item #6. Town Manager's Announcements

Town Manager Clark stated Camp, Dresser, and McKee (CDM) is the Town's consulting firm, and they do inspections at the landfill. Mr. Clark stated he had reviewed the reports, and they are available for public viewing in the Board of Health. Mr. Clark stated that the reports from June to November of 2008 indicate that overall the landfill site is in good condition. Mr. Clark stated staff within the Town as well as outside consultants are monitoring the landfill.

Mr. Clark stated the winter parking ban was in effect starting 12/1/08, with alternate side parking beginning at 7 p.m. each evening. Mr. Clark stated the ban was in effect until 4/1/09. Mr. Clark stated these regulations were available in the Town Clerk's office.

Mr. Clark stated a public ascertainment proceeding was to be held on 12/11/08, regarding the renewal of the Town's cable licensing agreement, at 7 p.m. in the Council Chambers.

Mr. Clark recommended having the tax classification hearing at 6:30 p.m., prior to the 12/8/08 Town Council meeting.

Mr. Clark stated the Massachusetts Municipal Association meeting was on 1/23 and 1/24/09, and anyone interested needed to contact the Town Manager's office to make arrangements.

Agenda Item #7. Citizen's Forum

James Sottile of Pinedale Street described having work done at his property, and learning only after the fact about a sewer exception meter that takes into account those with irrigation systems or pools on their property. An extensive discussion was held, and it was agreed that this go to subcommittee to determine the best policy, including the potential of revamping the existing water and sewer rate policies. A motion was made to send this item to DPW Subcommittee for further discussion, motion by Councilor King, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Motion passes.

Monique Manna of Maple Street stated her concerns regarding the methadone clinic coming to Southbridge. She stated because of the Dover amendment this entity was precluded from needing public meetings or special permits. Mrs. Manna stated there were no educational services being provided at this site and any education was occurring at the Wells Center on Pine Street. Mrs. Manna stated Suboxone treatment was occurring at the Wells Center, so why not the methadone people go there as well? Mrs. Manna talked about the petition she had handed out, which has 124 signatures and is available for signature until 12/5/08. Chairwoman Nikolla stated the Town would look into this further.

Nelson Gagnon of Central Street stated he had worked for 20 years in a voluntary capacity, cleaning up the bench area between Saver's Bank and the corner of Central and Main Street, as well as other areas of town, and had recently retired. Chairwoman Nikolla asked Mr. Gagnon to come back to the next meeting.

Larry Beinema of Dennison Hill Road thanked Councilor King for his kind comments at the previous meeting, as to him playing a key role in the SRD/Casella-Town negotiations. Mr. Beinema stated he disagreed with Councilor King regarding his statement that Attorney Giorgio had done his best in the negotiations, as he did not think this was the case. Mr. Beinema implored the Town Manager to solicit more bids, and that six months from now the Town should choose legal representation that supports the community and citizens.

Mr. Beinema stated Home Rule Charter called for an every-5-year Town Charter review, and this also included a review of the Town's bylaws. Mr. Beinema stated he was asking the Chair of the Town Council for the quick appointment of a 5 member board. Mr. Beinema stated one key area for review is whether the Board of Health should be composed of three or five members, and whether it should be appointed or elected.

Mr. Beinema stated in reference to Chairwoman Nikolla's earlier comments about all the good in Southbridge, that as Thanksgiving approached we all have a lot to be thankful for, and there were many assets in the community that are taken for granted and we needed to reflect on that.

Ann Fenwick-Beinema of Dennison Hill Road stated the fundamental right to freedom of speech carries an ethical obligation. Mrs. Fenwick-Beinema stated on 11/3/08 Councilor King had read part of a letter that was to the Town's insurer. Mr. Fenwick-Beinema described what had happened regarding the gluing of a letter to her door. She stated the insurance adjuster had viewed it and a settlement of $335 had been reached. Mrs. Fenwick-Beinema stated she took umbrage to Councilor King's investigation.

David Manna of Southbridge stated six months prior he had asked for action on three items, specifically the school system, the Town's perception problem, and the drug problem. Mr. Manna stated six months later the town was getting a methadone clinic, and the drug problem had gotten worse. Mr. Manna stated the Town needed more police. Mr. Manna stated with methadone the cure is worse than the disease. Mr. Manna stated there were only two narcotics officers.

Police Chief Charette stated there were two detectives assigned just to narcotics, but the Town also used the regional drug task force and the State Police. Chief Charette stated it sometimes appears there are more drug users here, but only because Southbridge aggressively pursues them. Chief Charette stated drugs were not a unique problem to Southbridge. Chief Charette stated he could always use more help, of course. Chief Charette stated he had just today received a community policing grant, and he could go into this in greater detail at a PPP Subcommittee meeting.

Councilor Logan asked how one would measure an increasing or decreasing drug problem. Chief Charette stated one way was to observe secondary symptoms of drug abuse, such as delinquencies, unemployment, and types of arrests, as well as the information expressed by those working at the local health facilities.

Councilor Logan asked if the problem was getting worse in the last five years. Chief Charette stated narcotics lead to every other type concern the police have, and as such were a high priority. Chief Charette stated the attack on narcotics was two fold, to address current use, and to prevent or address the use in juveniles. Chief Charette stated six years ago Southbridge had the highest juvenile rate, and this had gone down. Chief Charette stated the approach was to put them with good people in a positive way. Chief Charette stated he was leery of the DARE Program. Chief Charette stated between 3 p.m. and 6 p.m. was the most important time for kids. Chief Charette stated one way to determine likelihood of juvenile drug use is to measure kids' activities during this three hour period. Councilor Logan asked about heroin. Chief Charette stated this was typically an older group, and that one problem now is that it is very inexpensive in the Northeast. Chief Charette stated Southbridge sees cocaine and crack, not crystal meth, and heroin he believed had not exploded in any significant way in recent years.

Councilor Lazo asked, if heroin hadn't exploded in any significant way in recent years, then why does the town need a methadone clinic? Chief Charette stated he was in the Town Manager's office when the people from Spectrum came in, and the first question he asked was how could he stop them. Chief Charette stated he is not in favor of a methadone clinic in Southbridge, and as police chief he did not desire this. Chief Charette stated his motivation is now to prevent a panic over this, because the operation of a methadone clinic itself was nothing to be panicked over.

Councilor Livengood asked if public input was important in law enforcement, and Chief Charette stated it was very important that the community work with the police.

John Pulawski of Jennison Street asked about bidding on the industrial park access road, and Mr. Clark stated the Phase I bid is out, and is due back on 12/4/08. Mr. Pulawski stated there was a misunderstanding that Casella would be paying for this road under any circumstance, and he didn't want to see the Town get stuck with a $7 million expenditure.

Mr. Pulawski stated there were enough signatures gathered to petition for an elected Board of Health, and he would be submitting them this week.

Mr. Pulawski stated it was nice to see all the people at the Friday night SEFA fundraiser. He stated he was also willing to help with the proposed program to help people better insulate their homes, and people can contact the health director if they want to volunteer to help with this.

Mr. Clark stated regarding the access road, he would not deal in hypotheticals, and right now there was a valid contract that was being contested. Mr. Clark stated the current scope encompassed Phase I, which is the amount the Town can afford. Mr. Clark stated he would count Casella as an anchor tenant. Mr. Clark stated the Town controls quite a bit of property up there, and once the road goes in the Town can sell off properties up there as the beginning of an industrial park. Mr. Clark stated the Town needed to be exceptionally business friendly, and needed to bring in jobs. Mr. Clark stated the mission here is to get this road under way, as it will improve the entire population of the community.

Roger Caouette of Tillyer Ave stated in 2005 he had helped gather signatures for the petition to vote on the access road. He stated at the time he felt the people on Pleasant Street were being abused. He stated he did his work because he thought this was a road to an industrial park, not a road to Casella.

A recess was called at 8:52 p.m., and Chairwoman Nikolla called the meeting back to order at 9 p.m.

Agenda Item #8. Vote to confirm the appointment of John E. Sypek to the Commission on Disability for a three-year term to expire June 30, 2011. A motion was made by Councilor Vecchia, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia.

At this point Fire Chief Ciesla stated the following appointments for the Call Fire Department had his full recommendation.

Agenda Item #9. Vote to confirm the appointment of Gil Provost as a Call Fire Fighter for the Town of Southbridge, contingent upon successful completion of the pre-employment physical, for a three-year term to expire June 30, 2011. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #10. Vote to confirm the appointment of Travis J. McDonald as a Call Fire Fighter for the Town of Southbridge, contingent upon successful completion of the pre-employment physical, for a three-year term to expire June 30, 2011. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, Nikolla, Regis, Vandal, and Vecchia. Councilors abstaining: McDonald. Vote passes.

Agenda Item #11. Vote to confirm the appointment of Andrew L. Rivers as a Call Fire Fighter for the Town of Southbridge, contingent upon successful completion of the pre-employment physical, for a three-year term to expire June 30, 2011. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #12. Vote to confirm the appointment of Willie J. Bounphasaysonh as a Call Fire Fighter for the Town of Southbridge, contingent upon successful completion of the pre-employment physical, for a three-year term to expire June 30, 2011. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #13. Vote to confirm the appointment of John J. Dewan, Jr. as a Call Fire Fighter for the Town of Southbridge, contingent upon successful completion of the pre-employment physical, for a three-year term to expire June 30, 2011. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

The candidates thanked the Town Council and the Town Manager for their support.

Agenda Item #14. Vote to raise and appropriate the sum of $13,000.00 for repairs to the West Street School roof. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item.

Councilor King asked how old the roof was, and the Town Manager stated he didn't know, but in subcommittee the original discussed amount was $16,500, and with the return of bids the actual price will come in around $12,750. Councilor King asked whether there is a guarantee on the life of the roof. Councilor Lazo stated it was 20 years on the rubber and 10 years on the trim. Councilor McDonald stated it had been repaired several times since 1941. Councilor Lazo stated regarding the bids the lowest bidder had provided the best guarantee and labor cost.

Agenda Item #14. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #15. Vote to ratify an Agreement with Worcester Community Action Council (WCAC) for lease of space at the MacKinnon Center located at 114 Pleasant Street. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #16. Vote to accept the Petition for Repairs to a Private Way as submitted by the abutters to Beaudry Way to make necessary repairs to this private way in the maximum amount of $500.00 for materials and labor contingent upon the proper driveway permit having been obtained. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item.

Councilor Logan asked the Town Manager what is a private way. Mr. Clark stated a public way means under the control of the Town of Southbridge, and that a private way is originally created by a private construction, and never became public.

Agenda Item #16. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #17. Vote to accept the Petition for Repairs to a Private Way as submitted by the abutters to Chapin 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 Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #18. Vote to amend Schedule 5 of the Town of Southbridge Revised Personnel Regulations effective January 1, 2009 as follows:

Appointed Positions:
Council Recording Clerk $15.00 per hour to attend and record the meeting and the equivalent amount of time to transcribe the minutes

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

Councilor Vecchia asked why this was being changed. Mr. Clark stated he had received a request from subcommittee to formulate a more equitable way of compensating this position.

Agenda Item #18. Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Councilors opposed: Lazo, Vecchia. Vote passes.

Agenda Item #19. Vote to ratify the Agreement with Tri-Valley, Inc. to use the Southbridge Community Center to provide Meals on Wheels services to the residents of Southbridge. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

At this point discussion was held regarding adding an item. A motion was made by Councilor Livengood to suspend the rules and add an item, seconded by Councilor King, said item regarding making the one-way portion of Pine Street into a two-way street. Vote to suspend the rules and add Agenda Item #19a, by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

A lengthy discussion was held about this particular issue, with the Town Council, the Town Manager, and the DPW Director.

Agenda Item #19a. Vote to make Pine Street a two-way street its entire length, and to have a 'right-hand turn only' restriction when traffic leaves Pine Street and enters Main Street. Councilors in favor: King, Lazo, McDonald, and Vandal. Councilors opposed: Livengood, Logan, Nikolla, Regis, and Vecchia. Vote fails.

Chairwoman Nikolla asked if a public hearing on this could be held soon, and DPW Director Kalinowski stated yes.

Agenda Item #20. Vote to authorize the Town Manager to enter into a natural gas contract prior to December 1, 2008 and the contract approval will be one of the two submitted. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Vote passes.

Agenda Item #21. Vote to request that Senator Moore and Representative Alicea submit the following Home Rule Petition:

AN ACT ESTABLISHING THE POSITION OF MUNICIPAL HEARING OFFICER IN THE TOWN OF SOUTHBRIDGE.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. Notwithstanding section 21D of chapter 40 of the General Laws, a person who desires to contest a violation of any ordnance of the Town of Southbridge alleged in a notice to appear, pursuant to violations issued by the Town in accordance with said section 21D of said chapter 40 of the General Laws, shall request, in writing, a hearing before a municipal hearing officer, who shall be appointed by the Town Manager, with the approval of the Town Council, to conduct requested hearings pursuant to this act. The notice to appear shall be in the format required under said section 21D of said chapter 40, except that the third copy of the notice shall be submitted to the municipal hearing officer. The municipal hearing officer may be the same person appointed as municipal hearing officer pursuant to chapter 148A of the General Laws.

SECTION 2. Where a notice to appear is for 1 or more code violations, the person notified to appear shall return the notice of violation by mail, personally or by an authorized person to the municipal hearing officer and shall, within 21 days, either: (a) pay, in full, the scheduled assessment by check, postal note or money order; or (b) request a hearing before the municipal hearing officer. Any amounts paid shall be payable to the Town of Southbridge. If the person notified to appear requests, in a timely manner, a hearing before the municipal hearing officer, the municipal hearing officer shall schedule a hearing not later than 45 days after receiving the hearing request. The municipal hearing officer shall send a hearing notice to duly notify the person notified to appear of the date, time and location of the hearing. Hearings shall be held at least twice each month, in the evening. When a hearing notice is sent, the person notified to appear shall be given an opportunity to request a rescheduled hearing date. The municipal hearing officer, so designated, shall not be an employee or officer of the department associated with the issuance of the notice of violation. The municipal hearing officer shall receive annual training in the conduct of administrative hearing procedure. The hearings and dispositions by the municipal hearing officer shall be informal and the formal rules of evidence shall not apply. In conducting the hearings, the municipal hearing officer shall find whether the violation occurred and whether it was committed by the person so notified to appear.

SECTION 3. Any person aggrieved by a decision of the municipal hearing officer, after a hearing, may appeal to the district court pursuant to section 21D of chapter 40 of the General Laws, on a form provided by the Town, and shall be entitled to a de novo hearing before a clerk magistrate of the court. The district court shall consider such appeals under a civil, as opposed to a criminal, standard. The aggrieved person shall file the appeal within 10 days after receiving notice of the decision from the municipal hearing officer who conducted the hearing.

SECTION 4. Any person who has received a notice to appear issued in accordance with this procedure who, within the prescribed time: fails to pay the scheduled assessment; fails to request a hearing before the municipal hearing officer; or fails to appear at the time and place of the hearing shall be found responsible for the violations as stated in the notice to appear and such finding of responsibility shall be considered prima facie evidence of a finding of responsibility for the violation in any civil proceeding regarding said violation and shall be admissible as evidence in a subsequent criminal proceeding. A person who fails to appear at the scheduled hearing without good cause shall have the appeal dismissed and shall waive any further right to appeal. If the condition which caused the notice to appear to issue continues to exist, the finding of responsibility may also be used by the Town of Southbridge as prima facie evidence of the existence of a violation in any proceeding to suspend or revoke any license, permit or certificate issued by the Town relative to the building, structure or premises pending the correction of the condition.

SECTION 5. All fines, penalties or assessments in actions under this act, shall be paid to the general fund of the Town of Southbridge.

A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item.

Councilor Vecchia asked the Town Manager what type of code violations this entailed. Mr. Clark stated it could be Board of Health violations, or the building codes, and it was regarding the cleanup campaign. Councilor Vecchia asked who does this work now, and Mr. Clark stated code enforcement is being done now. Councilor Vecchia wanted to know how much it would cost to hire a hearing officer, and Mr. Clark stated this special legislation had no cost associated with it, and the plan would be to have an existing staffer get these duties. Mr. Clark stated if he could help it it would cost no more money.

Councilor King asked if this had any impact as far as rescinding the current hearing officer, and Mr. Clark stated there was work to do still.

Councilor Logan asked what a home rule petition is, and Mr. Clark stated as the Town had no existing bylaws to deal with this, a way to deal with this gray area is through special legislation. Councilor Logan asked if we had used pre-existing language in crafting this and Mr. Clark stated it was virtually verbatim from the Somerville, Mass. model, with changes to reflect Southbridge. Further discussion was held about the three preambles which constitute home rule petitions.

Councilor Vandal asked why the hearings were held in the evening. Mr. Clark stated it would probably be more convenient for a homeowner or business owner. Mr. Clark stated it would be no issue for the Town as Thursday was a late night and the meetings could be held then.

Agenda Item #21. Vote by roll call, Councilors in favor: King, Livengood, McDonald, Nikolla, Regis, and Vecchia. Councilors opposed: Lazo, Logan, and Vandal. By 6 to 3 the vote passes.

Agenda Item #22. Councilor's Forum

Councilor McDonald commended the operators of the cable system for the improvement in sound quality.

Councilor Logan commended the police department for their efficiency in directing traffic at the Community Center during the November election.

Councilor Vandal wished everyone a happy Thanksgiving, saying everyone had something to be thankful for.

Councilor King stated driving by Twinehurst Place every day made him sick, and was there anything the town could do? He asked if the Town Manager could send a letter.

Councilor King stated for the 12/8/08 recommended tax classification, he wants a tax shift this year, and he wanted the Principal Assessor to propose it.

Councilor King stated regarding the methadone clinic, he would do anything in his power to stop it, and he was dead set against it.

Councilor King wished everyone a Happy Thanksgiving. He thanked the men and women in uniform, and was thankful for his healthy family.

Councilor Regis wished all a Happy Thanksgiving.

Councilor Vecchia stated with the construction of the new hospital building near Sayles Street and the upcoming winter parking ban, many of the residents there were very nervous about how they were going to park this coming winter. Mr. Clark stated he would mention this to the police chief at the department head meeting the following day.

Councilor Livengood wished everyone a Happy Thanksgiving.

Councilor Lazo stated he was disappointed in the vote on two-way traffic on Pine Street. He stated he was disappointed the DPW was not at the subcommittee meeting when this was being discussed. Councilor Lazo stated we have done similar things in the past without a public hearing. Councilor Lazo stated he was hoping the public hearing could occur during the week following the Thanksgiving week.

Councilor Lazo thanked the Chair for her kind words regarding the rally bonfire at Southbridge High School, and he many, many individuals and businesses who contributed time and material to this effort.

Councilor Lazo wished the Southbridge Pioneers good luck in beating their archrival Bartlett High.

Councilor Lazo wished everyone a Happy Thanksgiving.

Councilor Lazo stated he stood against the methadone clinic, and he was sick and tired of Southbridge being a dumping ground.

Agenda Item #23. Discussion of next meeting date. Councilor Lazo recommended 12/8/08 at 7 p.m., with the tax rate classification meeting scheduled for 6:30 p.m.

Agenda Item #24. Vote to enter Executive Session for the purpose of discussing strategy with respect to litigation with Barr, Incorporated pertaining to the DPW facility and to return to open session to vote a settlement agreement. A motion was made by Councilor Lazo, seconded by Councilor Livengood to vote this item. Vote by roll call, Councilors in favor: Lazo, Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia. Councilors opposed: King. Vote passes.

The meeting entered executive session at 9:51 p.m. The meeting returned from executive session at 10:36 p.m.

Agenda Item #25. Vote to ratify the Town Manager's acceptance of the Settlement Agreement with Barr, Incorporated. A motion was made by Councilor McDonald, seconded by Councilor Regis, to vote this item. Town Manager Clark asked the Recording Clerk to summarize the vote which had taken place in Executive Session, and he did, describing that the vote to accept this settlement was a roll call vote with councilors in favor being: Livengood, Logan, McDonald, Nikolla, Regis, Vandal, and Vecchia; and councilors opposed being: King, and Lazo.

Mr. Clark stated he would be putting out a public document press release on this as well. Mr. Clark briefly described the final agreement, including the amount of $430,000, which included a lot of additional work items.

A motion to adjourn was made by Councilor Livengood, seconded by Councilor King. Vote by show of hands, all in favor. The meeting adjourned at 10:38 p.m.

Respectfully submitted,

Max Gullekson,
Council Recording Clerk

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, OCTOBER 20, 2008

A meeting of the Southbridge Town Council was held on Monday, October 20, 2008, in the Robert MacKinnon Council Chambers. Chairwoman Nikolla called the meeting to order at 7:02 p.m.

Agenda Item #1. Pledge of Allegiance. Chairwoman Nikolla led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: King, Livengood, Logan, McDonald, Nikolla, Vandal, and Vecchia. Councilors excused: Lazo, Regis.

Agenda Item #3. Consider and accept the minutes of the October 6, 2008 meeting. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to accept these minutes. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Vandal. Councilors abstaining: King, Vecchia. Vote passes.

Agenda Item #4. Subcommittee reports:

a. General Government. Councilor King stated there was a meeting scheduled for 10/23/08 at 7 p.m. in the Rice Conference Room.
b. Department of Public Works. Councilor Vandal gave a summary of the subcommittee meeting of 10/15/08.
c. Education and Human Services. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.
d. Planning and Development. Councilor Livengood read the minutes of the 10/2/08 meeting.
e. Protection of Persons and Property. Ex Officio Councilor Nikolla read the minutes of the 10/14/08 PPP Subcommittee meeting.
f. Town Manager. Ex Officio Councilor Nikolla stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairwoman Nikolla congratulated Councilor Vecchia on winning the recent election for Council seat, and she welcomed him to Council. Chairwoman Nikolla stated Councilor Vecchia would be on the Education and Human Services, the Planning and Development, and the Town Manager Subcommittees.

Chairwoman Nikolla stated she had received a letter from the Center of Hope, called "Hopes notes," and she stated anyone could call them at 508-764-4085 to be on their mailing list, or their e-mail mailing list.

Chairwoman Nikolla congratulated Town Treasurer Melinda Ernst-Fournier on completing her recent audit, and stated the MIIA had proclaimed that the Southbridge Town Treasurer's office was the most organized client they had ever seen, and a total of only 30 minutes was spent in the office.

Chairwoman Nikolla stated Halloween was being held on 10/31/08, starting with the Horribles Parade at 5 p.m., then Trick or Treat from 5:30 to 7 p.m.

Agenda Item #6. Town Manager's Announcements

Town Manager Clark stated the Downtown area had been without electricity in the morning, and the power came back on at Town Hall at around 10:30 a.m. Mr. Clark thanked the Police and Fire Departments as well as the Department of Public Works, and also the utility company for their help. Mr. Clark stated there had been an incident with smoke in the Town Hall, and the Fire Department came over and resolved it.

Mr. Clark stated there was a workshop for homeowner foreclosure prevention at 9 a.m. and 2 p.m. on Saturday, at the Southbridge Hotel and Conference Center, free of charge.

Mr. Clark stated the Southbridge Emergency Fuel Assistance Program was looking to create a pool of money for emergency assistance for those who find themselves in desperate need. Mr. Clark stated pledge forms were available, and would be determined by the Health Department as to whether they were in emergency need.

A $230,000 grant from the Central Regional Planning Commission was discussed, in conjunction with Fire Chief Ciesla.

Mr. Clark stated regarding the State level budget, the Governor has the ability to reduce the State structure in order to make up for lost revenue. Mr. Clark stated the shortfall is about $1.4 billion, and the Governor had to make cuts to the State budget, but at this point local budgets have been spared.

Mr. Clark stated Question #1 on the November 4th ballot will have a significant impact on the Town of Southbridge, between $3 and $4 million dollars of State aid.

Chairwoman Nikolla stated she had one more announcement, regarding the Meet and Greet the previous Thursday night, which was great, and she thanked all Department heads who had attended ,as well as the School Committee, the School Superintendent, and citizens who attended, and she hoped to have more in the future with more citizens. Chairwoman Nikolla stated a special thanks to Monique Manna. Mrs. Manna stated sponsors included Big Bunny, Big Y, Hyde Tools, Dexter Russell, Zoe's Pizza, PetroMax, and Smashmouth Sports.

Agenda Item #7. Citizen's Forum

John Pulawski of Jennison Street stated there was a very foul odor on Wednesday, a mile and a half from the landfill, and he had called DEP, and after waiting four hours called a Town Councilor. Mr. Pulawski stated the local DPW came back later and cleared the problem, stating it was blockage by a beaver. Mr. Pulawski stated the DEP didn't show up for 39 hours, then didn't test it. Mr. Pulawski stated it was not a good idea to let Casella test this type of thing.

Mr. Pulawski stated in a Sound Off it had said they were "caught at the landfill." Mr. Pulawski stated he was not 'caught' doing anything at the landfill. Mr. Pulawski stated Mr. John Regan had recommended monitoring, and "we were asked to monitor the area."

Agenda Item #8. Vote to confirm the re-appointment of Antonio Tortis as Constable for the Town of Southbridge for a three-year term to expire June 30, 2011. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item.

Councilor Vecchia asked how many constables the town currently has, and Mr. Gullekson said 3. Councilor Logan asked what a constable does, and Police Chief Charette stated they served all kinds of civil processes, serving papers on things that were not of a criminal nature. Chief Charette stated as far as payment, they were paid by whomever needed the paperwork served.

Agenda Item #9. Vote to confirm the Town Manager's appointment of Joseph T. Hulyk as Lieutenant in the Fire Department for the Town of Southbridge for an indefinite term. A motion was made by Councilor McDonald, seconded by Councilor King, to vote this item.

Fire Chief Ciesla stated this promotion would actually save the Town $15.64 a week in salary costs. Chief Ciesla stated it was with great pride and pleasure he recommended this promotion.

Councilor Vecchia stated it was not the time to be approving promotions. He stated it was time to tighten our belts for financial times ahead. Councilor Vecchia stated even without the pending financial crisis he wouldn't approve this. Councilor Vecchia stated the structure of the Fire Department should have been included in this. He stated he wanted to know how many firemen, how many hours a week, etc., and he criticized the cover letter. He stated he wanted to know the actual degree the candidate had earned.

Chairwoman Nikolla stated to Councilor Vecchia that since he had received his packet on Thursday, he had had plenty of time to contact Chief Ciesla for any of these questions, and he should have called. Chairwoman Nikolla stated in the future Councilor Vecchia needed to look into these things prior to the meeting. A motion to move the question was made by Councilor King, seconded by Councilor McDonald. Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, and Vandal. Councilors opposed: Vecchia. Vote to move the question passes.

Agenda Item #9 (original motion). Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, and Vandal. Councilors opposed: Vecchia. Vote passes.

Town Clerk Madaline Daoust swore in the new Fire Lieutenant, and Lt. Hulyk thanked everyone who helped make it happen.

Agenda Item #10. Vote to authorize the Town Manager to sign the FY 2008 Community Development Block Grant contract. A motion was made by Councilor Livengood, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, Vandal, and Vecchia. Vote passes.

Agenda Item #11. Vote to ratify the contract between Central Mass Regional Planning Commission and the Town of Southbridge for $2,900 for mapping existing conditions of the Quinebaug Valley Trail (no Town funds will be expended). A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, Vandal, and Vecchia. Vote passes.

Agenda Item #12. Vote to authorize the Town Manager to sign contracts on behalf of the Town Council for low to moderate income owner-occupied CDBG Housing Rehabilitation Grants until June 30, 2011. A motion was made by Councilor Livengood, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, Vandal, and Vecchia. Vote passes.

Agenda Item #13. Vote to ratify the Central Massachusetts Law Enforcement Council Mutual Aid Agreement. A motion was made by Councilor Livengood, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, Vandal, and Vecchia. Vote passes.

Agenda Item #14. Vote to ratify the contract with Hylka Construction Co. Inc. for screened sand. A motion was made by Councilor Vandal, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, Vandal, and Vecchia. Vote passes.

Agenda Item #15. Vote to ratify the Memorandum of Agreement between the Town of Southbridge and HAP, Inc., for Water Supply. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item.

Councilor Logan asked about the privilege fee the town was waiving, and Mr. Clark described how this piping installment would be inclusive of future uses as the line continued on to Charlton. Councilor Logan asked if the same rates would be paid by these people as for Southbridge residents, and Mr. Clark stated yes.

Agenda Item #15. Vote by roll call, Councilors in favor: King, Livengood, Logan, Nikolla, Regis, and Vandal. Councilors opposed: McDonald. Vote passes.

Agenda Item #16. Vote to ratify the contracts presented by the Town Manager for winter snow plowing/removal for the following:

Jeffrey Bruso Landscape & Construction
Bad Girlz Trucking, Elizabeth MacCue
Charlton Tool & Mfg., Jason St. Pierre
Leonard A. Corriveau
Richard R. Guerin, Jr.
Hemlock Landscaping, Phillip Lanctot
Scott Latour
Leveille Construction, James Leveille
Jeremy MacLachlan
MSF Landscapes, Inc.
Parent Landscape & Construction Corp.
M L Partlow & Son, Michael L. Partlow
Pioppi Construction, Jim Pioppi
A. Pollone Trucking, Anthony Pollone
Richard Pollone
Frank Snyder
All American Pools & More, Carrie L. Zinkowsky

Councilor Nikolla made a motion to table this item until the general liability on all these companies could be determined, seconded by Councilor Livengood. Vote to table this item by show of hands, all in favor.

Agenda Item #17. Councilor's Forum

Councilor McDonald said no water should be sold until a study is done to figure out what we will need for future growth. Councilor McDonald stated Southbridge was supposed to talk to Charlton as well, before coming up with a contract. Councilor McDonald said they wouldn't help us get rid of the beavers. Chairwoman Nikolla asked for clarification, and Mr. Clark stated the Town of Southbridge had a yield capacity of about 1.7 million gallons of water a day, with growth potential. Mr. Clark said the Town had the ability sell water to the Town of Charlton. Mr. Clark stated by allowing this to proceed it would ensure the infrastructure met the standards of the Town. Mr. Clark stated also the Town of Charlton a water health hazard, and Southbridge has the capacity to help. Councilor McDonald said the Town had to broaden its tax base, and it won't happen by making Charlton more attractive. Mr. Clark stated it would be the intent of this administration to make sure we get our industrial park opened first before branching out. Councilor Vandal asked if it would relieve the burden on the Town's water and sewer users, as the rates have gotten out of hand. Mr. Clark stated it would expand the pool of users.

Councilor Logan thanked Monique Manna for her efforts.

Councilor Logan welcomed Mr. Vecchia to the Council.

Councilor Logan stated the editorial section of the paper was talking about a lawsuit by Barr against the Town. Mr. Clark stated the Town and Barr had a disagreement in the contract, with Barr filing litigation against the Town. Mr. Clark stated that litigation was submitted, and he described this litigation. Mr. Clark stated progress was being made toward a settlement, and he was confident they would bring the project in on time.

Councilor Logan asked about the new site for the proposed school, and did the Town know this parcel of land wasn't contaminated. Mr. Clark stated there was an old Town landfill on a portion of the site. Mr. Clark said he would have to see when the Town originally acquired it and whether there was a 21e Mass Regulation about selling land with any known environmental problems. Chairwoman Nikolla stated a 21e was done on the property and at that time it passed. Chairwoman Nikolla stated there was a big difference between the situation with the DPW building and this one, with this also being a very small area.

Councilor Livengood welcomed Councilor Vecchia to the Council.

Councilor Vecchia thanked all the people who voted for him.

Councilor Vecchia thanked Monique for all her work, and stated she also has a website called getinvolvedinyourtown.com.

Councilor Vecchia talked about the house that caught fire on Coombs Street, and how they kept calling the Town Hall for money, and whether this could be looked into. Mr. Clark stated there was CDBG funding potentially available to help with this, as well as sidewalk improvements to this area.

Councilor Vecchia stated he had received two calls from Pleasant Street people, who stated there was trash in front of the Town Barn there.

Councilor King stated with all the promotions we have seen this year, the Town needed to stop embarrassing people who come up for promotion, and to do your homework before coming to the meetings.

Councilor King said all public safety slots needed to be filled, and having said that all other hiring should be frozen until the Town finds out about local aid.

Councilor King thanked Monique Manna for her excellent job.

Councilor King stated 18 years ago he had made a choice, and he thanked his wife for putting up with him for 18 years.

Agenda Item #18. Discussion of next meeting date. Chairwoman Nikolla recommended 11/3/08, and this was voted by a unanimous show of hands.

A motion to adjourn was made by Councilor King, seconded by Councilor Livengood, to adjourn the meeting. Vote by show of hands, all in favor. The meeting adjourned at 8:12 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, OCTOBER 6, 2008

A meeting of the Southbridge Town Council was held on Monday, October 6, 2008, in the Robert MacKinnon Council Chambers. Chairwoman Nikolla called the meeting to order at 7:01 p.m.

Agenda Item #1. Pledge of Allegiance. Chairwoman Nikolla led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call, Councilors present: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Councilors excused: King, Lazo.

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

September 22, 2008. A motion was made by Councilor McDonald, seconded by Councilor Logan, to approve these minutes. Vote by show of hands, 5 in favor, 1 abstain (Councilor Regis). Vote passes.

October 1, 2008 Special Town Council Meeting. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to approve these minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee Reports.

General Government. There were no minutes to read.
Department of Public Works. Councilor Vandal read the minutes of the 9/23/08 meeting.
Education and Human Services. Councilor McDonald read the minutes of the 9/30/08 meeting.
Planning and Development. Councilor Livengood said there were no minutes to read.
Protection of Persons and Property. Councilor Nikolla read the minutes of the 9/24/08 meeting.
Town Manager. Councilor Regis said there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairwoman Nikolla asked for a moment of silence in honor of former town employee Pauline Julian, had had recently passed away.

Chairwoman Nikolla stated tomorrow was the day of the special election to fill the open seat on the Southbridge Town Council. She urged everyone to go vote. She stated there were four good candidates and she looked forward to welcoming a new member.

Agenda Item #6. Town Manager Announcements

Town Manager Clark said the yard waste pickup period would be held from 10/13/08 to 11/28/08, where Southbridge residents could leave their yard waste by the curb on their regular trash day for pickup.

Mr. Clark stated the Boy Scouts were doing a campout and community food drive on 11/8/08 at the Town Common, and also, the Center of Hope was sponsoring a road race at the Town Common, on 11/23/08.

Mr. Clark asked Town yard sale participants to remove their signs after their event.

Agenda Item #7. Citizen's Forum

Monique Manna reminded everyone about the October 16th 'Meet and Greet' to be held at the Southbridge Community Center. She stated flyers had been distributed to local businesses, and the Downtown Partnership had also handed out flyers. Mrs. Manna stated Local Cable Access had produced an infomercial about the event. Mrs. Manna stated several local businesses had donated to the event, including Hyde Tools, Zoe's, Mario's Restaurant, Smashmouth Sports, PetroMax, and Big Bunny Market. Mrs. Manna stated Big Bunny would be providing pastries and refreshments, and PetroMax would promote the event on their sign. Mrs. Manna stated the event was a chance to meet with local Town Councilors and Town officials.

Town Clerk Madaline Daoust of Poplar Street reminded everyone about the election the following day, October 7, 2008. Mrs. Daoust said the polls would be open from 7 a.m. to 8 p.m. Mrs. Daoust stated the last day to register for the November 4th Presidential election was 10/15/08 at 8 p.m.

Agenda Item #8. Vote to accept and sign the Warrant for the November 4, 2008 State Election. A motion was made by Councilor Livengood, seconded by Councilor Regis, to recommend the full Council accept and sign this Warrant. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to confirm the re-appointment of Evelyn Petrelli as a member of the Historical Commission for the Town of Southbridge for a three-year term to expire June 30, 2011. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to confirm the re-appointment of Rev. Fr. Peter-Michael Preble as a member of the Historical Commission for the Town of Southbridge for a three-year term to expire June 30, 2011. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #11. Vote to confirm the appointment of Sgt. Gerald Arvelo to the Commission on Disability for the Town of Southbridge for a three year term to expire June 30, 2011. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to recommend the full Council vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #12. Vote to confirm the appointment of Bruce Newlands to the Historical Commission for the Town of Southbridge for a three-year term to expire June 30, 2011. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to recommend the full Council vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to confirm the appointment of Thadius Dubsky to the Cable TV Advisory Board for the Town of Southbridge for a three-year term to expire June 30, 2011. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to recommend the full Council vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to authorize the Town Manager to move forward with the Civil Service process for promotion of one Lieutenant and one Sergeant in the Police Department. A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #15. Vote that the Town Manager hire one additional Crossing Guard for the Police Department. A motion was made by Councilor Livengood, seconded by Councilor Regis, to vote this item.

Councilor Logan asked if this was already in the budget, and Police Chief Charette stated the money would have to be appropriated. Mr. Clark stated this amount could be made out of available funds. Councilor Logan asked the wage, and Chief Charette stated $12 an hour.

Agenda Item #15, vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #16. Councilors' Forum

Councilor Logan thanked Monique Manna for her help with the upcoming Meet and Greet event.

Councilor Logan asked the Town Manager about his meeting with John Casella, and Mr. Clark stated much of the discussion was about recycling potential. Town Manager Clark stated Mr. Casella had described the various ways that the waste stream is going to be managed in the future. Mr. Clark described energy producing potential and potential for green benefits from the landfill operation. Mr. Clark stated the landfill needed to be looked at as a commodity that can be reused.

Councilor Logan asked if the Town was working toward adopting industry-appropriate business relationships at the Industrial Park. Councilor Logan stated before allowing a business to enter into Southbridge the financial implications needed to be understood, specifically the amount of benefit to the Town's revenue stream. Councilor Logan said he was afraid the State would pressure the Town to work toward achieving its maximum allowable tax levy, based on current financial conditions.

Councilor Logan asked if the Town could charge trucks entering into the landfill a $1 a ton tax levy, profits to be split with the State.

Mr. Clark stated any town was limited to a 2.5% levy limit, plus new growth, and hence the more business in the Industrial Park, the better it was for the Town. Mr. Clark stated the Town needed an access road prior to opening the Industrial Park. Mr. Clark stated Casella owns some of the property at the site, and it was important to understand their plans as well.

Councilor Vandal stated she had received a call from a woman on Dresser Hill Road, who stated the junkyard was looking shabby and the fence was falling apart, and he wanted it looked into.

Councilor Regis thanked the Chair for the moment of silence for Pauline Julian. Councilor Regis stated Mrs. Julian was the previous recording secretary for the Southbridge Town Council, and Councilor Regis described the number of jobs Mrs. Julian had performed, and Councilor Regis stated Mrs. Julian had taken her under her wing when she was first hired in Southbridge.

Agenda Item #17. Discussion of next meeting date. Council Chairwoman Nikolla recommended 10/20/08, and this was made a motion by Councilor Livengood, seconded by Councilor Logan. Vote by show of hands, all in favor.

Agenda Item #18. Vote to enter Executive Session to discuss strategy with respect to pending litigation and to return to open session for the purpose of adjournment only. A motion was made by Councilor Livengood, seconded by Councilor Regis, to vote this item. Vote by roll call, Councilors in favor: Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

The meeting entered Executive Session at 7:45 p.m.

The meeting returned from Executive Session at 8:06 p.m.

Motion to adjourn was made by Councilor Livengood, seconded by Councilor McDonald. Vote by show of hands, all in favor. The meeting adjourned at 8:08 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

A meeting of the Southbridge Town Council was held on Monday, August 25, 2008, in the Robert MacKinnon Council Chambers immediately following the joint meeting with the Redevelopment Authority.

AGENDA ITEM #1. ROLL CALL: Councilors present: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, &VANDAL. REGIS ARRIVED AT 8:10PM.

AGENDA ITEM #2 - CONSIDER AND ACCEPT THE MINUTES OF THE AUGUST 11, 2008 MEETING:

A motion was made by Councilor Lazo, seconded by Councilor McDonald to approve the minutes. VOTE BY A SHOW OF HANDS. ALL IN FAVOR.

AGENDA ITEM #3 - SUBCOMMITTEE REPORTS:

A. General Government: Councilor King read the minutes of the August 18, 2008 meeting. There is no meeting scheduled. B. Department of Public Works: Councilor Vandal read the minutes of the August 11, 2008 and the August 20, 2008 meetings. Councilor Vandal stated he has a meeting scheduled for Tuesday, August 26, 2008 in the Rice Conference Room. C. Education and Human Services: Councilor McDonald read the minutes of the joint EHS Subcommittee/School Committee held on August 19, 2008. No meeting scheduled. D. Planning and Development: Councilor Livengood read the minutes of the August 7, 2008 meeting and stated he has a meeting scheduled for August 28, 2008 and September 4, 2008 in the Rice Conference Room. E. Protection of Persons and Property: Councilor Lazo read the minutes of the August 12, 2008 meeting. No meeting scheduled. F. Town Manager: Chairwoman Nikolla stated that Councilor Regis was not here and there are no minutes.

AGENDA ITEM #4 - CHAIRMAN'S ANNOUNCEMENTS:

Chairwoman Nikolla stated there is a Council of the Whole meeting scheduled for Wednesday, August 27, 2008 in the Rice Conference Room. The only item on the agenda is the drainage easement on Hilltop Drive.

Chairman Nikolla announced that Lazaraq Petro a member of the Bay Path School Committee has resigned and if anyone is interested in filling the position to send a letter of interest to the Town Manager's Office prior to the joint meeting of the Town

Council and the Bay Path School Committee scheduled for Monday, September 8, 2008.

Chairwoman Nikolla announced that the Water Department was given an award for 50 years of weather observation. Chairwoman Nikolla congratulated them.

Chairwoman Nikolla expressed her appreciation to Mrs. Harnois in the discovery of the $1 million dollar oversight that was discovered in the school department budget. Chairwoman Nikolla said that some of the money would come back to the town.

Chairwoman Nikolla welcomed the new Town Manager Christopher Clark.

Chairwoman Nikolla reminded everyone of the memorial service that will be held on September 11, 2008 at the Town Common.

AGENDA ITEM #5 - TOWN MANAGER'S ANNOUNCEMENTS:

Town Manager Clark said that a gentleman has given a letter of interest to the Town Manager's office regarding the vacancy on the Bay Path School Committee.

Mr. Clark stated there is a clean-up campaign which will be done to properties to let owners they need to clean-up their property. He will begin on Pine Street this Friday.

Mr. Clark said that at the General Government Subcommittee meeting on Monday the topic of how to get citizen's more involved in government was discussed, Mr. Clark announced that he will hold a local government 101 class to educate residents on local government.

Mr. Clark also said he is working on an information sheet to demystify the way government works, the list will consist of who to contact for different issues.

AGENDA ITEM #6 - CITIZEN'S FORUM:

Mr. James Sottile of 83 Pinedale Street came forward and said he would like to see more outreach being done to assist the Spanish community on positions available throughout town.

Mr. Sottile stated he received a notice regarding clean-up on Pine Street, but he does not live on Pine Street and was curious as to why he would receive such a notice and requested Mr. Clark to look into this matter.

Mr. Sottile questioned the press release by Sturbridge regarding the agreement made between Sturbridge and SRD (Southbridge Recycling and Disposal Park, Inc.) and if

Southbridge is directly involved in the payment of $50,000 given to Sturbridge to be put in an escrow account and he asked if the agreement would have any effect on the 250 citizens of Sturbridge that is going forward.

Monique Manna of Maple Street came forward and suggested that a way to get more Community involvement would be to have a meet and greet with no cameras. She suggested October would be a good time, she said she has checked with a couple of venues and October 11th or 18th were good with both venues. She checked with the Army Corps of Engineers for Westville Dam and has spoken to Mr. Varin regarding the availability of the Armory.

Chairwoman Nikolla and Councilor Logan thought it was a great idea and thanked Mrs. Manna for looking into this.

Dennis Martinek of Pine Ridge Road came forward and thanked Councilors Logan and Nikolla as well as Mr. Clark for sitting with him recently.

Mr. Martinek expressed his concern of the Board of Health members having 5 members and the Charter says 3, he suggested that independent legal counsel should be hired to look into the matter. Mr. Martinek said that Kopelman & Paige do not run the town that the citizens do, and he believes the Charter has been violated.

Mr. Martinek questioned the relationship between Sturbridge and Casella; he suggested it was so bad that Southbridge couldn't discuss the issues of the press release. Chairwoman Nikolla explained that the town is in litigation and cannot discuss certain issues. Councilor King stated he had no idea of the press release until today, to which Mr. Martinek explained the press release came out on Friday morning. Chairwoman Nikolla said she had heard about it but will not discuss it until a legal opinion is sought. Councilor Lazo said he too was not aware of the press release and is willing to work with both Sturbridge and Charlton.

Shawn Moriarty of Holland came to the podium. Councilor King made a motion, seconded by Councilor Lazo to allow Mr. Moriarty to speak.

Mr. Moriarty said he was there to make a plea to Southbridge residents to take part in a contest run by Granite City Electric that is supplying a Field of Dreams to the winning community. Mr. Moriarty explained that all anyone has to do is to visit the website of either Granite City Electric or Southbridge Little League and cast your vote for Southbridge. If Southbridge wins the contest Granite City will pay for lights at Henry Street Field. He explained that Southbridge needs 1500 votes to qualify for the contest.

Mr. Moriarty also said that the Little League annual meeting is scheduled for September 17, 2008 at 7:00PM at the Southbridge Police Station Community Room and urged anyone to attend. This meeting will be the vote for the Board of Directors of Little League for next year.

Mr. Moriarty explained that a fund raiser for Little League will be held on September 19, 2008 at 7:00 at the Mill Street Brews.

Mr. Moriarty notified those present that the press box construction at Henry Street is on going and any business who would like to make a donation may do so.

Councilor Logan asked Mr. Moriarty is the School Department had been notified of the Field of Dreams contest to which Mr. Moriarty replied he would notify them.

Chairwoman Nikolla called for a five minute recess at 8:00PM.

Councilor Regis arrived at 8:10PM.

The meeting was called to order at 8:15PM.

AGENDA ITEM #7 - VOTE TO CONFIRM THE APPOINTMENT OF MAURICE CAPISTRAND AS A CITIZEN MEMBER TO THE DEPARTMENT OF PUBLIC WORKS SUBCOMMITTEE FOR A SIX-MONTH TERM TO EXPIRE DECEMBER 31, 2008: Councilor Lazo made a motion, seconded by Councilor Vandal. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #8 - VOTER TO CONFIRM THE APPOINTMENT OF MARK MORIN AS A CITIZEN MEMBER TO THE DEPARTMENT OF PUBLIC WORKS SUBCOMMITTEE FOR A SIX-MONTH TERM TO EXPIRE DECEMBER 31, 2008: Councilor Lazo made a motion, seconded by Councilor Vandal. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #9 - VOTE TO CONFIRM THE APPOINTMENT OF MELLONEE PAULEY AS A CITIZEN MEMBER TO THE EDUCATION AND HUMAN SERVICES SUBCOMMITTEE FOR A SIX-MONTH TERM TO EXPIRE DECEMBER 31, 2008: Councilor Livengood made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #10 - VOTE TO CONFIRM THE APPOINTMENT OF PAULA KENDA AS A CITIZEN MEMBER TO THE EDUCATION AND HUMAN SERVICES SUBCOMMITTEE FOR A SIX-MONTH TERM TO EXPIRE DECEMBER 31, 2008: Councilor King expressed his concern that this individual is a school teacher and asked if it would be a conflict of interest being on EHS. Councilor Logan made a motion, seconded by Councilor King to table this item until it could be determined if there is a conflict. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #11 - VOTE TO CONFIRM THE RE-APPOINTMENT OF THEODORE BARTLETT TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2010: . Councilor King made a motion, seconded by Councilor Lazo. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #12 - VOTE TO CONFIRM THE RE-APPOINTMENT OF TINA CHAMPEAU TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2010: Councilor Lazo made a motion, seconded by Councilor Livengood. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #13 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF SHERRY JOVAN TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2010: Councilor Lazo made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #14 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT DARLENE KULESZA TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2010: Councilor Lazo made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #15 - VOTE TO CONFIRM THE RE-APPOINTMENT OF KAREN PETTINELLI TO THE CULTURAL COUNCIL FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2010: Councilor Lazo made a motion, seconded by Councilor Livengood. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #16- VOTE THAT THE TOWN ADOPT THE IRS REIMBURSEMENT RATE FOR MILEAGE IN A PRIVATE VEHICLE: Councilor Lazo made a motion, seconded by Councilor King VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #17 - VOTE TO RAISE AND APPROPRIATE $3,000.00 FOR ACCOUNT NUMBER 001.0111.5711 FY2009 TOWN COUNCIL CONFERENCES AND MEETINGS: Councilor King made a motion, seconded by Councilor Lazo.

Mr. Sottile came forward and asked why one Councilor could not attend the conference and come back and report what they learned. Chairwoman Nikolla explained that there too many seminars for one person to attend. Councilor Logan asked how many Councilors attend this conference to which Chairwoman Nikolla replied that it depends on the year.

Town Manager Clark said the conference was a good networking tool and that many ideas come from different companies.

Councilor Lazo said that he has attended the conference in the past and found it to be very educational. Chairwoman Nikolla, Councilor Regis and Councilor McDonald all said the same, that the conference is educational and the networking is invaluable.

VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, REGIS AND VANDAL. OPPOSED: LOGAN MOTION PASSES.

AGENDA ITEM #18 - VOTE TO RATIFY THE LICENSE AGREEMENT WITH JEFF M. TASSE, TRUSTEE OF ALCOMA REALTY TRUST FOR TEN PARKING SPACES IN THE AMOUNT OF $300.00 PER MONTH: Councilor Lazo made a motion, seconded by Councilor King. VOTE BY ROLL CALL IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #19 - VOTE TO RATIFY THE AGREEMENT WITH BERKSHIRE HARDWOODS, INC. FOR THE SALE OF TIMBER AT COLE FOREST PAYABLE TO THE TOWN OF SOUTHBRIDGE IN THE AMOUNT OF $13,454.25: Councilor King made a motion, seconded by Councilor Lazo to table this item. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #20 - VOTE TO APPROVE THE INSTALLATION OF FENCING FROM SIDEWALK TO SIDEWALK AT THE END OF MAPLE STREET AND TO TRANSFER $2,000.00 FROM TOWN COUNCIL RESERVE ACCOUNT NO. 001.0132.5781 TO DPW OPERATIONS ACCOUNT NO. 001-0499.5300 TO FUND THE PROJECT: Councilor Lazo made a motion, seconded by Councilor Livengood. Chairwoman Nikolla stated she attended a neighborhood watch meeting and feels this fence is in the best interest of the Town, she said it is very disruptive this path is being used as a thruway, to which Councilor Lazo agreed. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #21 - VOTE TO AMEND THE ZONING BYLAW THAT WOULD AMEND THE TOWN OF SOUTHBRIDGE ZONING MAP AS FOLLOWS:

REZONE CERTAIN PROPERTIES LOCATED ALONG HILL STREET AND PORTIONS OF HAMILTON STREET, HILL CRESCENT, OLIVER STREET AND UNION STREET FROM TWO-FAMILY RESIDENTIAL TO MULTI-FAMILY RESIDENTIAL AS SHOWN ON A PLAN ENTITLED: "ZONE CHANGE PLAN" BY BERTIN ENGINEERING ASSOCIATES, INC., DATED JANUARY 16, 2008. THE PROPOSED AREA IS COMPRISED OF THE FOLLOWING LOTS ON ASSESSORS' MAP 34: LOT 86, LOT 87, LOT 88, LOT 89, LOT 90, LOT 91, LOT 95, LOT 101A, LOT 101B, LOT 101C, LOT 1010G, LOT 107, LOT 108, AND LOT 109: (FIRST READING) Councilor King made a motion, seconded by Councilor Livengood. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

Councilor Vandal made a motion, seconded by Councilor Lazo to suspend the rules to add Agenda Item #21A. VOTE BY ROLL CALL IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #21A- VOTE TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO PROCEED WITH REQUIRED NEGOTIATIONS FOR LAND SWAP WITH GEORGE GOLEBIOWSKI. Councilor Vandal Lazo made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, LIVENGOOD, LOGAN, MCDONALD, NIKOLLA, REGIS AND VANDAL. MOTION PASSES.

AGENDA ITEM #22 - COUNCILOR'S FORUM:

Councilor Lazo welcomed the Town Manager, Mr. Lazo said Mr. Clark is a breath of fresh air and urged residents to come in and visit him.

Councilor Lazo said he attended the retirement party for two members of the Call Fire Department, Mr. David Bourassa and Mr. Victor Coderre. Councilor Lazo thanked the two men for their service to the Town.

Councilor Lazo thanked Maddie for filling in for Max.

Councilor King stated the flower beds near the gazebo were extremely overgrown as well as on Twinehurst Place.

Councilor King advised everyone that school is about to begin so drivers should be aware of children on the streets.

Councilor King also welcomed Mr. Clark.

Councilor Regis said she was asked by a neighbor the status of the Woodstock Road project.

Councilor Regis said a citizen was questioning why the Town Council meetings were not being replayed as often as they had been.

Councilor Regis welcomed Mr. Clark.

Councilor Livengood welcomed Mr. Clark.

Councilor Vandal said there were two lots, one at the corner of Charlton & Liberty Streets as well as at the corner of Charlton & Lyon Streets that were very overgrown.

Councilor Logan asked Town Manager Clark if he had been in contact with Father Peter regarding the outreach to the Spanish community to which Mr. Clark said he had not been in touch with him as of yet.

Councilor Logan told Mr. Clark that he thought the Government 101 class was a good idea and he would take the class.

Councilor McDonald welcomed Mr. Clark and wished him luck.

Councilor McDonald explained the 911 Memorial Service that will be held on Thursday, September 11, 2008 was being organized by the Southbridge Veteran's Council as well as the Knights of Columbus. He explained that there will be a candlelight vigil and that the Quinebaug Valley Singers will be in attendance as well as the Southbridge Fire and the Police Departments. A bagpiper will also be present. Councilor McDonald invited anyone who is interested to contact him. Councilor McDonald said the vigil will begin at 6:00PM and should last about an hour.

AGENDA ITEM #23 - DISCUSSION OF NEXT MEETING DATE: Vice-Chairman Lazo suggested Monday, September 8, 2008. Councilor King made a motion, seconded by Councilor Regis. VOTE BY A SHOW OF HANDS. ALL IN FAVOR.

AGENDA ITEM #24 - ADJOURNMENT:

Councilor King made a motion, seconded by Councilor Lazo to adjourn. VOTE BY A SHOW OF HANDS. ALL IN FAVOR. Meeting adjourned at 8:45 PM.

Respectfully Submitted,

Madaline I. Daoust
Recording Clerk - Pro-Tem

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, AUGUST 11, 2008

A meeting of the Southbridge Town Council was held on Monday, August 11, 2008, in the Robert MacKinnon Council Chambers. Chairwoman Nikolla called the meeting to order at 7:04 p.m.

Agenda Item #1. Pledge of Allegiance. Chairwoman Nikolla led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: King, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Councilors delayed: Lazo (7:09 p.m.).

Agenda Item #3. Consider and accept the minutes of the July 28, 2008 meeting.

A motion was made by Councilor Livengood, seconded by Councilor King, to accept these minutes. Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #4. Subcommittee Reports:

a. General Government. Councilor King stated there was a meeting scheduled for 8/18/08 at 7 p.m. in the Rice Conference Room.
b. Department of Public Works. Councilor Vandal stated there had been a meeting earlier that evening, 8/11/08.
c. Education and Human Services. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.
d. Planning and Development. Councilor Livengood said there had been a meeting on 8/7/08, and the minutes were not yet ready.
e. Protection of Persons and Property. Councilor Lazo read the minutes of the 8/5/08 meeting, and stated there was a meeting scheduled for 8/12/08 at 7 p.m. in the Rice Conference Room.
f. Town Manager. Councilor Regis stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairwoman Nikolla stated the new Casella contact number was 888-532-2735.

Chairwoman Nikolla stated the 7th anniversary of the 9/11 attacks was coming, and a commemoration was being held on 9/11/08 at the Gazebo, starting at 6 p.m. She stated she needed a list of those attending from the Council so that seats could be made available.

Chairwoman Nikolla thanked Karen Harnois for her excellent work while filling in as interim town manager.

Chairwoman Nikolla stated as part of the upcoming General Government Subcommittee meeting she wanted as part of the agenda, discussion on how the Town appoints boards and commissions, and she wanted to try to develop a protocol.

Agenda Item #6. Town Manager's Announcements

Interim Town Manager Karen Harnois stated 8/14/08 was James Patterson's last day as the Southbridge library director, and on behalf of the Town she thanked him for his three years of service. Mrs. Harnois asked that an agenda item be added to name Mrs. Margaret Morrissey as Interim Library Director until a replacement can be found. Councilor McDonald made a motion to add Agenda Item #15a, naming Margaret Morrissey as Interim Library Director. This motion was seconded by Councilor Livengood. Vote by show of hands, all in favor.

Agenda Item #7. Citizen's Forum

No citizens wished to speak.

Agenda Item #8. Vote to accept and sign the Warrant for the September 16, 2008 State Primary. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to confirm the appointment of Derek Julian as a Citizen Member to the Protection of Persons and Property Subcommittee for a six-month term to expire December 31, 2008. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to confirm the appointment of Daniel P. Fiorelli as a Citizen Member to the Protection of Persons and Property Subcommittee for a six-month term to expire December 31, 2008. A motion was made by Councilor Vandal, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #11. Vote to confirm the appointment of Evelyn Petrelli as a Citizen Member to the Planning and Development Subcommittee for a six-month term to expire December 31, 2008. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #12. Vote to confirm the appointment of George Parent as a Citizen Member to the Planning and Development Subcommittee for a six-month term to expire December 31, 2008. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to confirm the appointment of Gabriel Lafleche as a Citizen Member to the General Government Subcommittee for a six-month term to expire December 31, 2008. A motion was made by Councilor Livengood, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to confirm the appointment of David Langevin as a Citizen Member to the General Government Subcommittee for a six-month term to expire December 31, 2008. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #15. Vote to confirm the appointment of Deborah JM Gregoire-Lefebvre to the Commission on Disability for the Town of Southbridge for a three-year term to expire June 30, 2011. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #15a. Vote to name Margaret Morrissey as the Interim Library Director for an indefinite time. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Chairwoman Nikolla thanked everyone who stepped forward to serve on a board.

Agenda Item #16. Vote to appropriate the sum of $76,000.00 for the purpose of purchasing two Police Department vehicles for the Town of Southbridge and to authorize the Town Treasurer, in order to meet such appropriation, to borrow the sum of $76,000.00 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 Lazo, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #17. Councilor's Forum

Councilor Logan stated a good discussion had taken place in the Planning and Development Subcommittee regarding more people becoming involved in government, and he was glad this was beginning to happen.

Councilor Livengood stated a good way to become involved in the town is the simple act of voting.

Councilor Regis stated regarding the purchase of the police cruisers, the discussion in subcommittee had been that the authorization to purchase included a borrowing, but the Town was going to try to find the cash to pay without the borrowing. Councilor Regis asked Mrs. Harnois if the Town Council would be asked to rescind the vote for borrowing for these cruisers if the money was found, and Mrs. Harnois said yes.

Councilor Regis asked if there was a book for Council procedures, and Chairwoman Nikolla stated there was the Council Rules and Regulations. Councilor Regis stated she wanted to start a policy manual, so that rules could be established that would survive the advent of a new Council. Chairwoman Nikolla asked Councilor King to include this topic in the upcoming General Government Subcommittee.

Councilor King stated he would prefer the information packet to come out every week rather than every other week.

Councilor King stated regarding his statements at the previous Town Council meeting, about the Southbridge Evening News "making stuff up," he had spoken to the editor Walter Bird, and he wished to apologize. Councilor King stated to the Southbridge Evening News and its employees that next time he would use different words.

Councilor Lazo said anyone who wanted to get involved could start by sitting in on Subcommittee meetings, and that they were open to the public and everyone was welcome to sit in, and these meetings were posted in the Town Hall.

Agenda Item #18. Discussion of the next meeting date. Councilor Lazo motioned for 8/25/08, seconded by Councilor Livengood. Vote by show of hands, all in favor.

Agenda Item #19. Vote to enter into Executive Session to discuss strategy with respect to possible litigation and return to open session for the purpose of adjournment only. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

The meeting entered Executive Session at 7:35 p.m. The meeting returned from Executive Session at 9:31 p.m. Councilor Lazo made a motion, seconded by Councilor Vandal, to adjourn the meeting. Vote by show of hands, all in favor. The meeting adjourned at 9:32 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JULY 28, 2008

A meeting of the Southbridge Town Council was held on Monday, July 28, 2008, in the Robert MacKinnon Council Chambers. Chairwoman Nikolla called the meeting to order at 7:00 p.m.

Agenda Item #1. Pledge of Allegiance. Chairwoman Nikolla led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll call. Councilors present: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal.

Agenda Item #3. Consider and accept the following minutes.

July 9, 2008 - Council of the Whole. A motion was made by Councilor Logan, seconded by Councilor King, to approve these minutes. Vote by show of hands, all in favor, Councilor Lazo abstains.

July 14, 2008 - Re-organizational meeting. A motion was made by Councilor King, seconded by Councilor McDonald, to approve these minutes. Vote by show of hands, all in favor, Councilor Regis abstains.

July 14, 2008 - Council Meeting A motion was made by Councilor Livengood, seconded by Councilor Logan, to approve these minutes. Vote by show of hands, all in favor, Councilor Regis abstains.

Agenda Item #4. Subcommittee reports. Chairwoman Nikolla stated the Subcommittees would be staffed as follows:

General Government. Councilor King as chairman, Councilors Regis and Livengood as members.

DPW. Councilor Vandal as chairman, Councilors King and Lazo as members.

EHS. Councilor McDonald as chairman, Councilors Logan and Livengood as members.

Planning and Development. Councilor Livengood as chairman, Councilors Lazo and Logan as members.

PPP. Councilor Lazo as chairman, Councilors Vandal and McDonald as members.

Town Manager. Councilor Regis as chairwoman, Councilors McDonald and King as members.

Chairwoman Nikolla stated there was only one subcommittee which had met so far, and Councilor King read the minutes from this 7/23/08 meeting of the EHS Subcommittee.

Agenda Item #5. Chairwoman's Announcements

Chairwoman Nikolla thanked all the workers who had helped with the 7/18/08 recount, and reported the result stayed the same.

Chairwoman Nikolla wished James Patterson the Town's librarian the best in his new position.

Chairwoman Nikolla stated the Mary Wells school would be starting full days soon, with hours from 7:25 to 3:55 p.m. and she warned all motorists to be on the lookout for these young pedestrians.

Chairwoman Nikolla stated she was happy about the recent $800,000 Community Development Block Grant which the town had received.

Agenda Item #6. Town Manager's announcements. Acting Town Manager Karen Harnois had no announcements.

Agenda Item #7. Citizen's Forum

No citizens wished to speak.

Agenda Item #8. Vote to confirm the appointment of James Philbrook as Director of the Health Department for the Town of Southbridge for a three-year term beginning August 10, 2008 through June 30, 2011. A motion was made by Councilor Lazo, seconded by Councilor King, vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

At this point Councilor McDonald made a motion to waive the rules and add Agenda Item #8a, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item 8a. Vote to confirm the appointment of Anna Smith as the Landfill Monitor for the Town of Southbridge for a three-year term beginning July 28, 2008 through June 30 2011. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to approve the Employment Contract between the Town of Southbridge and James Philbrook for a period of three years beginning August 10, 2008, through June 30, 2011. A motion was made by Councilor Logan, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to approve the Employment Contract between the Town of Southbridge and Anna Smith for a period of three years beginning July 28, 2008 through June 30, 2011. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #11. Vote to confirm the re-appointment of Alan Jesky as Constable for the Town of Southbridge for a three-year term to expire June 30, 2011. A motion was made by Councilor McDonald, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Vote passes.

Agenda Item #12. Vote to confirm the re-appointment of Bruce W. Newlands to the Liquor Licensing Board for the Town of Southbridge for a three-year term to expire June 30, 2011. A motion was made by Councilor King, seconded by Councilor McDonald, to vote this item. Vote by roll call, Councilors in favor: King, Livengood, Logan, McDonald, Nikolla, Regis, and Vandal. Councilors abstaining: Lazo. Vote passes.

Agenda Item #13. Councilors Forum

Councilor Livengood said there would be a Planning and Development meeting on 8/7/08.

Councilor Regis congratulated Councilors Nikolla and Lazo for being named the Chair and Vice Chair respectively.

Councilor King congratulated Councilor Logan for remaining a councilor through the recount, and he congratulated the Town Clerk's office for doing a good job with the recount.

Councilor Lazo thanked Chief Charette for filling in as acting Town Manager last week.

Councilor Lazo thanked Firefighter Langevin for preparing the new off road fire truck for use.

Councilor Lazo stated there was a new coffee shop on Mechanic Street, and he urged everyone to try it.

Councilor Vandal stated he wanted a report from Doug Scott about the progress on the Guelphwood Road DPW facility, as well as the Wastewater Treatment Plant.

Councilor McDonald said he was angry at the Southbridge Evening News about the letter to the editor, which had criticized his handling of the Ken O'Brien resignation from the Town Council. Councilor McDonald said the paper needed to check their facts better.

Chairwoman Nikolla said she hoped the subcommittees would be more proactive this year, and would have goals and objectives set for their activities.

Chairwoman Nikolla said the Commission on Disability was looking for one more member.

Agenda Item #14. Discussion of next meeting date. Councilor Lazo recommended 8/4/08 as the next meeting date, seconded by Councilor Livengood. Vote by show of hands, all in favor.

A motion to adjourn was made by Councilor Livengood, seconded by Councilor King. Vote by show of hands, all in favor. The meeting adjourned at 7:26 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JULY 14, 2008

A meeting of the Southbridge Town Council was held on Monday, July 14, 2008, in the Robert MacKinnon Council Chambers. Chairwoman Nikolla called the meeting to order at 7:20 p.m.

Agenda Item 1. Pledge of Allegiance. Chairwoman Nikolla led the Council in the Pledge of Allegiance.

Agenda Item #2. Roll Call. Councilors present: King, Lazo, Livengood, Logan, McDonald, Nikolla, and Vandal. Councilors excused: Regis.

Agenda Item #3. Consider and accept the minutes of the June 30, 2008 meeting. A motion was made by Councilor Livengood, seconded by Councilor McDonald, to accept these minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee Reports. Chairwoman Nikolla stated there were not yet subcommittees formed, hence there were no reports.

Agenda Item #5. Chairman's Announcements.

Chairwoman Nikolla thanked everyone for their vote of confidence.

Agenda Item #6. Town Manager's Announcements

Acting Town Manager Karen Harnois congratulated Councilors Nikolla and Lazo for being named the Chair and Vice-Chair respectively.

Agenda Item #7. Citizen's Forum

Ed Galonek of Durfee Street stated he wanted the Town Council to install a shack and a digital camera near the landfill and charge $20 per ton up to 12 tons, per truck, on all truck loads of refuse going to the landfill, and he wanted $8 per ton up to 12 tons per truck on all household trash trucks. Mr. Galonek stated he wanted the Town Council to insist their state representatives create a bill whereby any town within 20 miles of a landfill gets a 46% rebate from the State. Mr. Galonek stated he wanted the Town Council to insist Casella stop accepting trash when there is 20% capacity left in the final cell, and then the Town could use that last capacity for its own trash for a long time.

Agenda Item #8. Vote to accept the "Employment Agreement" of the Town Manager and to authorize the Chairman of the Town Council to sign on behalf of the Town Council. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item.

Councilor King stated he was happy how quickly the process went.

Councilor Lazo thanked Councilor Nikolla for her help pulling together this contract.

Councilor Logan asked for a summary of the new manager's packet, and Chairwoman Nikolla described the dollar value as $127,050 a year effective 8/18/08, with Town Manager evaluations to be done, with the first ones during the first meeting in May. Chairwoman Nikolla stated goals and objectives will be set. She described that Mr. Clark would use a town car, and she talked about his vacation and sick leave.

Agenda Item #8. Roll call. Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, and Vandal. Vote passes.

Agenda Item #9. Vote that we decline to exercise the Town's first refusal option under General Laws Chapter 61A to purchase approximately 0.1526 acres (6,659) square feet) of land, as described in deeds recorded in Worcester District Registry of Deeds, Plan Book 867, Plan 96, shown on the Assessors records as Map 59, a portion of Parcel 3B, the indicated intent for this small portion is for use as a reserve area for the septic system which serves the house at 265 Dudley River Road, notice of which was given by letter dated June 3, 2008, 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 King, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, and Vandal. Vote passes.

Agenda Item #10. Vote to authorize the "School Department E-rate Revolving Fund" under the provisions of Massachusetts General Laws Chapter 44, Section 53E ½ to pay for enhancement of technology within the school system, from 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 $40,000.00 per year. A motion was made by Councilor Livengood, seconded by Councilor Lazo, to vote this item.

Councilor Logan asked if the School Business Manager would have direct access to these funds, and Mrs. Harnois stated all warrants are signed of eventually by the Town Manager.

Agenda Item #10. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, and Vandal. Vote passes.

Agenda Item #11. Vote to ratify the Lease with Paul J. St.Jean and Theresa G. Colognesi for the use of three (3) fields located generally northerly and southerly of Dudley River Road in Southbridge in the amount of $4,500.00. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Councilor Logan asked what the fields were used for, and Chairwoman Nikolla stated these were used for soccer fields. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, and Vandal. Vote passes.

Agenda Item #12. Vote to ratify the agreement with Jennifer Reynolds to provide aerobics classes at the Casaubon Senior Center in the amount of $6,250.00. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, and Vandal. Vote passes.

Agenda Item #13. Vote to amend the Parking Regulation for the Town of Southbridge with Permit No. P-00132 (replaces Permit P-00006) as follows:

That a permit be issued for a "No Parking" zone on the westerly side of Charlton Street beginning 100 feet northerly of the intersection of Guelphwood Road thence southerly 130 feet plus/minus.

A motion was made by Councilor McDonald, seconded by Councilor Livengood, to vote Agenda Item #13. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, and Vandal. Vote passes.

Agenda Item #14. Vote to approve the following FY 2008 transfers:

TRANSFER FROM:

1.132.5781		Council Reserve				  $28,000.00
1.155.5242		Data Processing				   10,000.00
1.161.5344		Town Clerk Printed Reports		    2,500.00
1.175.5300		Planning Board-Specialized Services 	    5,000.00
1.710.5910		Maturing Principal on Debt		  151,503.11
1.945.5300.0.574	Communicable Disease			    4,000.00
1.945.5300.0.575	Flu Clinic				    1,800.00
1.945.5771.0.596	Veterans Benefits			   13,000.00
1.710.5915		Interest on Long Term Debt		    5,268.68
3.589.5899.0.9073	Special Appropriation -N. Santa Settlement  9,804.40
3.589.5899.133.8121	Ambulance Billing		            4,000.00

TOTAL:

TRANSFER TO:

1.495.5290		Snow and Ice Control			  $178,503.11
1.151.5300		Town Attorney				    17,000.00
1.179.5700.0.731	Other Charges & Expenses - Board of Hlth       273.08
1.297.5200.0.741	Street Lights			             6,000.00
1.910.5175.0.714	Employer Medicare		             8,000.00
1.940.5172.300.718	School Unemployment			     5,600.00
1.940.5740.0.717	Police/Fire IOD				    15,000.00
1.190.5700.0.744	Property Management Miscellaneous	     1,500.00
1.190.5340.99.704	Telephone - Various Locations		     2,000.00

TOTAL: $234,876.19

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

Councilor Logan asked about the $151,503 amount recovered from maturing principle, and Mrs. Harnois stated the Town had budgeted for every possible principle payment, but some projects ended up being behind and the Town didn't have to borrow yet and start paying down. Councilor Logan asked about adding $17,000 to the Attorney Budget, and Mrs. Harnois stated this reflected costs.

Agenda Item #14. Vote by roll call, Councilors in favor: King, Lazo, Livengood, Logan, McDonald, Nikolla, and Vandal. Vote passes.

Agenda Item #15. Councilors' Forum

Councilor Logan asked about the upcoming Planning Board meeting and the desire to change two-family homes into multiple family homes. It was explained that this particular instance impacted a very specific area in town, and was not a town wide initiative that would increase the number of multifamily homes.

Councilor Livengood congratulated Chairwoman Nikolla, and stated he hoped things moved on with the new Town Manager and the new Council.

Councilor Livengood congratulated Mr. Clark on becoming Town Manager.

Councilor King congratulated Councilor Logan for winning the election. He also congratulated Chairwoman Nikolla and Councilor Lazo for being the new Chair and Vice-Chair. He thanked Councilor McDonald for serving as Chairman of the prior Council and for his long years of service. Councilor King stated he looked forward to working with Mr. Clark.

Councilor Lazo congratulated Chairwoman Nikolla for being named the Chair. Councilor Lazo thanked Mr. Galonek for his ideas. He welcomed Councilor Logan, and he thanked Councilor McDonald for being the Chair the previous year.

Councilor Nikolla thanked everyone for their vote of confidence in naming her Chair.

Agenda Item #16. Discussion of next meeting date. Councilor Lazo recommended 7/28/08 as the next meeting date, seconded by Councilor McDonald. Vote by show of hands, all in favor.

A motion was made to adjourn by Councilor King, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting adjourned at 7:52 p.m.

Respectfully submitted,

Max Gullekson
Councilor Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JUNE 30, 2008

A meeting of the Southbridge Town Council was held on Monday, June 30, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:07 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors excused: King, Regis.

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

June 16, 2006. A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to accept these minutes. Councilor O'Brien made a correction that his name was inadvertently left out of the roll call. Vote by show of hands (with correction), all in favor.

June 23, 2008. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee reports

• General Government. Councilor O'Brien said there were no minutes to read and no meeting was scheduled.
• Department of Public Works. Councilor Vandal read the minutes of the 6/25/08 meeting.
• Education and Human Services. Councilor Nikolla stated there were no minutes to read and no meeting was scheduled.
• Planning and Development. Councilor Livengood stated there were no minutes to read and no meeting was scheduled.
• Protection of Persons and Property. Councilor Lazo read the minutes of the 6/19/08 meeting.
• Town Manager. Councilor Chernisky described the last three meetings, which dealt with hiring a new Town Manager.

Agenda Item #5. Chairman's Announcements

Chairman McDonald presented a letter of appreciation to all the members of Town Manager Search Committee.

Chairman McDonald presented Councilor Chernisky a plaque for his seven years of service as a Town Councilor. Councilor Chernisky thanked everyone, and especially his family.

Chairman McDonald called on Councilor Chernisky to explain the upcoming fireworks. Councilor Chernisky described the fireworks show scheduled for 7/3/08, with the gates opening at 7 p.m., with plenty of food vendors. Councilor Chernisky thanked all the committee members and donors to this event,

Agenda Item #6. Town Manager Announcements

Acting Town Manager Harnois asked DPW Director Kalinowski to give an update on the industrial park access road, and Mr. Kalinowski stated the projected time of groundbreaking for this project is September of this year.

Agenda Item #7. Citizen's Forum

Javier Melendez of Mechanic Street stated the Town should be using the conference center at the old A/O site, and needs to promote bike trails, and needs to use Bay Path for projects around town.

Agenda Item #8. Vote to ratify the Curbside Collection Extension Agreement with Casella Waste Management. A motion was made by O'Brien, seconded by Councilor Livengood, to vote this item. Councilor Lazo stated something to look into is the possibility of having all trash pickup occur on one day, as in the past. Agenda Item #8. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #9. Vote to ratify the agreement between the Town of Southbridge and Johnson Controls, Inc. in the amount of $37,160.22 for HVAC & Control Maintenance for various Town buildings. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #10. Vote to ratify the agreement between the Town of Southbridge and Elevator Maintenance & Service, Inc. in the amount of $14,700.00 for elevator maintenance for various Town buildings. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #11. Vote to ratify the agreement between the Town of Southbridge and David G. Remillard d/b/a Remillard Cleaning Services in the amount of $115.00 per visit not to exceed $7,000.00 for cleaning services at the Southbridge Community Center. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors abstaining: Chernisky. Vote passes.

Agenda Item #12. Vote to reduce the FY 2009 Public Schools Unemployment Compensation Line Item Budget 001.0940.5172.0300.0718 by $44,851.00 and increase the following FY 2009 Department of Public Works Budget Line Items:

DPW Operations

	$  4,320	001.0499.5117	Salaries & Wages Part-time (seasonal)
	$  9,745	001.0499.5230	Water & Sewer - watering of fields
	$  2,000	001.0499.5480	Motor Vehicle Parts
	$10,500	001.0499.5533	Road Materials
	$  8,336	001.0499.5536	Maint. Of Streets - centerline painting
	$  2,000	001.0499.5537	Imp. To Private Ways
	$  5,800	001.0499.5852	Gen. Equipment - replace truck body #2
	$     650	001.0499.5852	Gen. Equipment - chain saw
	$  1,500	001.0499.5852	Gen. Equipment - snowblower (1)

A motion was made by Councilor O'Brien, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #13. Vote to appoint a Town Manager for the Town of Southbridge.

Councilor Chernisky made a motion to appoint Christopher Clark of Sturbridge, Massachusetts as the new Town Manager for the Town of Southbridge, subject to contract ratification and agreement, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Mr. Clark thanked everyone for their vote, and stated the unanimous vote meant a lot to him. Mr. Clark talked about building coalitions, and he stated he wanted to be here a long time, and he looked forward to his new job. Mr. Clark presented his family to the Town Council.

Chairman McDonald called a recess at 7:47 p.m. The meeting resumed at 7:55 p.m.

Agenda Item #14. Vote to appoint Daniel R. Charette as Acting Town Manager for the period July 19, 2008 through July 27, 2008. A motion was by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Councilor Chernisky made a motion to add Agenda Item 14a and 14b to tonight's agenda, seconded by Councilor Livengood. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #14a. Vote to set a special election date of October 7, 2008. A motion was made by Councilor Chernisky, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, and Vandal. Councilors abstaining: O'Brien. Vote passes.

Agenda Item #14b. Vote that the Town Council instruct the Town Manager to send a letter of intent to the Town of Charlton to negotiate the sale of water.

At this point Councilor Chernisky recommended Councilor Nikolla finish spearheading the negotiation with Mr. Clark to become the next Town Manager. Councilor Nikolla asked Councilor Lazo to help her. A vote was made by the attendant Council of the Whole to abide by this. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal.

Agenda Item #15. Councilor's Forum

Councilor Nikolla congratulated Councilor Lazo for being reelected, and she wished the best for Councilor Chernisky, and she thanked everyone who supported her in her bid for reelection.

Councilor Vandal asked why a special election cost $6,000, as had been reported in the Southbridge Evening News.

Councilor Lazo thanked those voters who voted for him. Councilor Lazo congratulated Councilor Nikolla, Councilor-elect Logan, all the winners on the School Department, and Mr. Clemence for being elected to the Southbridge Redevelopment Authority. Councilor Lazo thanked all the poll workers.

Councilor Lazo thanked Councilor Chernisky for his efforts in getting the fireworks together.

Councilor Lazo thanked Councilor Chernisky for working the prior Sunday toward getting Mr. Clark to be the new town manager. Councilor Lazo wished Councilor Chernisky the best in his future endeavors.

Councilor Chernisky congratulated all the recently elected councilors, and he congratulated all who got involved.

Councilor Chernisky stated the first Concert on the Common was being held on Sunday, July 6, 2008, at 7 p.m.

Councilor Chernisky thanked everyone for allowing him to serve.

Chairman McDonald congratulated everyone who won at the election, and he wished Councilor Chernisky well in the future. Chairman McDonald stated the common bond for councilors is the desire to do right by the Town of Southbridge.

Agenda Item #16. Discussion of next meeting date. Councilor Lazo made a motion to have the next meeting date be July 14, 2008 for reorganization, seconded by Councilor Livengood. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes. Chairman McDonald said there would be a regular meeting following the reorganization.

A motion to adjourn was made by Councilor O'Brien, seconded by Councilor Chernisky. Vote by show of hands, all in favor. The meeting adjourned at 8:04 p.m.

Respectfully submitted,

Max Gullekson
Councilor Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JUNE 23, 2008

A meeting of the Southbridge Town Council was held on Monday, June 23, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 6:09 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, Lazo, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors delayed: King, Livengood.

Agenda Item #3. Consider and accept minutes - none available.

Agenda Item #4. Subcommittee Reports:

• a. General Government.
• b. D.P.W.
• c. Education and Human Services.
• d. Planning and Development.
• e. Protection of Persons and Property.
• f. Town Manager

Councilor Chernisky made a motion to forego Agenda Items #3 and #4, seconded by Councilor O'Brien. Vote by show of hands, all in favor.

Agenda Item #5. Chairman's Announcements. Chairman McDonald had no announcements.

Agenda Item #6. Town Manager's Announcements. None.

Agenda Item #7. Citizen's Forum. No citizens wished to speak.

Agenda Item #8. Vote to confirm the Town Manager's appointment of Mark W. DiFronzo as Deputy Fire Chief in the Fire Department for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to confirm the Town Manager's appointment of Jeffrey Mathieu as Captain in the Fire Department for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to confirm the Town Manager's appointment of Wardwell B. Cox as a permanent Fire Fighter for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #11. Vote to confirm the Town Manager's appointment of Andrew Delisio as a permanent Fire Fighter for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #12. Vote to confirm the Town Manager's appointment of Michael Gonynor as a permanent Fire Fighter for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Lazo, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to confirm the Town Manager's appointment of Todd Bigelow as a permanent Fire Fighter for the Town of Southbridge for an indefinite term. At the Fire Chief's recommendation, a motion was made to table this item by Councilor Lazo, seconded by Councilor O'Brien. Vote to table, by roll call, Councilors in favor: Chernisky, Lazo, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Fire Chief Ciesla introduced the night's appointees to the Town Council.

Chairman McDonald called a recess at 6:25 p.m. The meeting resumed at 6:30 p.m.

Councilor Livengood arrived at 6:37 p.m.

Councilor King arrived at 6:49 p.m.

Agenda Item #14. Town Manager Interviews.

6:30 p.m. William F. Williams. The Town Council interviewed Mr. Williams.

7:15 p.m. Thomas M. Guerino. The Town Council interviewed Mr. Guerino.

8:00 p.m. Christopher Clark. The Town Council interviewed Mr. Clark.

A recess was held between 8:37 p.m. and 8:53 p.m.

Chairman McDonald stated the Town Council would reconvene on 6/30/08 to make a final determination on who will be the new Town Manager. Councilor Chernisky stated a Town Manager Subcommittee meeting had been scheduled for June 25 as well as June 26, to help the process.

Agenda Item #15 Councilor's Forum

Councilor Livengood stated tomorrow is election day, and he urged everyone to get out and vote.

Councilor Nikolla stated the Commission on Disability had awarded two scholarships, a $1000 scholarship to Ira Melendez, and a $500 scholarship to Zuleika Vasquez. Councilor Nikolla stated the Commission on Disability needed three board members, and the next meeting was on 7/17/08, and anyone interested could please contact Mark Zarazinski the current chairman.

Councilor Nikolla reminded everyone that tomorrow was the local election.

Councilor Nikolla thanked Councilors O'Brien and Regis for their work on the Town Manager Search Committee.

Councilor Vandal stated there was a DPW Subcommittee scheduled for 6/25/08 at 7 p.m.

Councilor Lazo thanked Councilors O'Brien and Regis, and Deborah Gregoire-Lefebvre, Evelyn Petrelli, and Robert Caprera for their work on the Town Manager Search Committee.

Councilor Lazo thanked the cable committee and their crew for their recent work on the Board of Health hearings.

Councilor Lazo congratulated Paul Zotos for winning the 2008 NETCA award, for his program with the Animal Control Officer and the Girl Scouts.

Councilor Lazo stated the election results would be broadcast on Channel 12 tomorrow night.

Councilor Regis stated the Council, with the hiring of a new Town Manager, needed to become a unified body.

Councilor Regis wished Councilors Lazo and Nikolla luck in the election.

Councilor Regis wished Councilor Chernisky luck, and stated she enjoyed working with him.

Councilor Regis thanked Councilor O'Brien and the Citizen Members of the Town Manager Search Committee.

Councilor O'Brien thanked everyone involved in the Town Manager Search Committee, as well as Tom Groux the consultant, and stated he was pleased to have been able to get good candidates in the shortest time, and he hoped the Town Council liked the candidates.

Councilor O'Brien stated he hoped all citizens took part in the election.

Councilor King thanked Councilor Chernisky for teaching him about being a Town Councilor, and he thanked Lorna Chernisky for her patience.

Councilor King wished the best of luck to all candidates.

Councilor King thanked the Town Clerk's office and the Board of Registrars for their work on the election, and he hoped for a good voter turnout.

Councilor Chernisky stated he couldn't say goodbye tonight because he would be back on Monday.

Councilor Chernisky said the Town Manager Search Committee did a great job.

Councilor Chernisky wished all the candidates good luck.

Councilor Chernisky offered condolences and prayers to the family of Dominic Licastro.

Councilor Chernisky stated the town fireworks would be held on 7/3/08, with the gates opening at 7 p.m. and the fireworks starting at 9:30 p.m. He stated volunteers were needed, and he asked Town Councilors for help.

Councilor Chernisky stated the Concerts on the Common series would be run by the Downtown Partnership, with a full slate starting on 7/13/08, with flyers being printed.

Chairman McDonald asked the three Citizen Members of the Town Manager Search Committee to attend the next meeting, and he thanked this board for their work.

Agenda Item #16. Discussion of next meeting date. Councilor O'Brien motioned for 6/30/08 at 7 p.m. as the next meeting date, seconded by Councilor King.

Agenda Item #17. Adjournment. A motion to adjourn was made by Councilor Chernisky, seconded by Councilor King. Vote by show of hands, all in favor. The meeting adjourned at 9:10 p.m.

Respectfully submitted,

Max Gullekson Council Recording Clerk

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE
MONDAY, JUNE 16, 2008

A meeting of the Southbridge Town Council was held on Monday, June 16, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:00PM.

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

AGENDA ITEM #2. ROLL CALL: Councilors present: CHERNISKY, KING, LZAO, LIVENGOOD, MCDONALD, NIKOLLA, REGIS & VANDAL.

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

June 2, 2008, regular meeting: A motion was made by Councilor Lazo, seconded by Councilor O'Brien to approve the minutes. VOTE BY A SHOW OF HANDS. ALL IN FAVOR.

June 9, 2008, special Town Council Meeting: A motion was made by Councilor Lazo, seconded by Councilor Vandal to approve the minutes. VOTE BY A SHOW OF HANDS. 7-0 Councilors Lazo and Vandal abstained.

AGENDA ITEM #4 - SUBCOMMITTEE REPORTS:

A. General Government: Councilor O'Brien read the minutes of the June 10, 2008 General Government meeting to which there was no quorum. No meeting scheduled.

B. Department of Public Works: Councilor Vandal read the minutes of the June 4, 2008 meeting. No meeting scheduled

C. Education and Human Services: Councilor Nikolla stated there were no minutes and no meeting scheduled.

D. Planning and Development: Councilor Livengood read the minute of the June 5, 2008 meeting. No meeting scheduled.

E. Protection of Persons and Property: Councilor Lazo stated he had no minutes and no meeting scheduled.

F. Town Manager: Councilor Chernisky stated he had no minutes and no meeting scheduled.

G. Town Manager Search Committee: Councilor O'Brien stated there were five possible candidates for Town Manager and requested the Council Chairman to schedule a meeting for Monday, June 23, 2008 in order for Council to meet the candidates.

AGENDA ITEM #5 - CHAIRMAN'S ANNOUNCEMENTS:

Chairman McDonald stated he was going to turn it over to Councilor Chernisky so he could speak about the fireworks. Councilor Chernisky stated that a committee had been meeting over the last year and there will be fireworks on Thursday, July 3, 2008 at the Airport. The band Tall Heights will be providing entertainment, and there will be food and game vendors there. Councilor Chernisky stated although the committee has raised money they are approximately $2,000 short of their goal. Councilor Chernisky said the rain date for the fireworks will be Sunday, July 6, 2008.

AGENDA ITEM #6 - TOWN MANAGER'S ANNOUNCEMENTS:

Acting Town Manger Healey stated the DPW participated in the Snow Rodeo and John Jesky and Scott Mageau came in 1st place and will compete on September 30, 2008.

Acting Town Manager Healey reminded everyone that Saturday, June 21, 2008 is Hazardous Waste Day.

Acting Town Manager Healey said this would be his last working meeting, since his last day is Friday, June 20, 2008. Mr. Healey said it has been an honor and a privilege to serve the Town of Southbridge. Mr. Healey said Southbridge is a beautiful community with dedicated employees and committed volunteers.

Acting Town Manager read an excerpt from the Town Charter regarding the interim Town Manager; he explained the Finance Director takes over in the absence of the Town Manager. Mr. Healey stated that the finance departments are very busy in June and July due to the changing of the fiscal year. Mr. Healey explained that Police Chief Charette was Acting Town Manager in April and wondered if the Council would approve of Chief Charette being Acting Town Manager until a new manager was hired.

Councilor King stated he supported this idea because he has complete faith in Chief Charette since he has done a wonderful job in the past.

Councilor Regis explained that she had spoken to Ms. Harnois and Ms. Harnois assured her she would be willing to take on the added responsibilities of Acting Town Manager.

Councilor Lazo stated he does not have a problem with Chief Charette but he believes the Chief should remain at the Police Department.

Councilor O'Brien echoed Councilor Lazo and since Ms. Harnois has indicated she can handle the situation believes she should be Acting Town Manager.

Town Manager Healey made a point of clarification and said the Charter reads that the Finance Director acts as the Acting Town Manager as long as Council appoints someone else. Mr. Healey is not suggesting not to appoint Ms. Harnois but to appoint Chief Charette to formally assist Ms. Harnois.

Chairman McDonald questioned if Charlton was having a hazardous waste day the same day and place as Southbridge on Saturday, June 21, 2008. Citizen Kevin Buxton came forward and confirmed that indeed Charlton was having a hazardous waste day on Saturday at the landfill.

AGENDA ITEM #7 - CITIZEN'S FORUM:

Citizen Monique Hamel came forward expressing her concern over the recent drug busts in Town and urged the Council to examine this and appoint more police officers in the FY10 budget. She feels businesses will not come to town. Ms. Hamel suggest that a community meeting be planned to see what residents suggest to make Southbridge a safer place to live.

Citizen Javier Melendez, 257 Mechanic Street, came forward and asked if there is construction going on at the Sewer plant to which Chairman McDonald confirmed there is work being done at the Sewer plant. Mr. Melendez said the smell at the Big Y plaza is terrible.

Citizen David Mano, 20 Maple Street, came forward to ask if a consultant was being considered to bring new businesses to Town. Councilor Livengood explained that money has been appropriated. Mr. Mano believes new businesses will not come to Southbridge until the police department is beefed-up and the schools are improved, and the drug problems are addressed. Councilor Livengood replied that businesses in town who are willing to stay and expand and that new businesses want to come into Southbridge. Councilor Livengood said that every town has crime, drugs and problem schools.

Citizen John Pulawski, 3 Jennison Street, came forward and asked that in the side letter Mr. Healey wrote regarding the Landfill Site Assignment if the 10 million gallon a year refinery was in this agreement or was for another site assignment to which Acting Town Manager replied it was for another site assignment. Mr. Pulawski requested that Casella investigate preserving the land around the Casella property, Chairman McDonald stated he would refer his request to the DPW Subcommittee.

AGENDA ITEM #8 - VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF MARK W. DiFRONZO AS DEPUTY FIRE CHIEF IN THE FIRE DEPARTMENT OF THE TOWN OF SOUTHBRIDGE FOR AN INDEFINITE TERM:

Councilor O'Brien made a motion, seconded by Councilor Lazo to send this item back to PPP subcommittee. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, MCDONALD, O'BRIEN AND VANDAL. OPPOSED: CHERNISKY, LIVENGOOD, NIKOLLA, AND REGIS. MOTION PASSES.

AGENDA ITEM #9 - VOTER TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF JEFFREY MATHIEU AS CAPTAIN IN THE FIRE DEPARTMENT FOR THE TOWN OF SOUTHBRIDGE FOR AN INDEFINITE TERM:

Councilor O'Brien made a motion, seconded by Councilor Lazo to send this item back to PPP subcommittee. VOTE BY ROLL CALL. IN FAVOR: KING, LAZO, MCDONALD, O'BRIEN, VANDAL. OPPOSED: CHERNISKY, LIVENGOOD, NIKOLLA, REGIS. MOTION PASSES.

Councilor Chernisky said this is wrong, these men have people in the audience, and the Council approved procedures on the promotions at the Fire Department and feels the people should be heard. Councilor Chernisky explained that this is the last scheduled meeting of this Council and July is the re-organizational meeting and then it will be mid-July before subcommittees are formed, so it could be another two months before these appointments are resolved. Councilor Chernisky apologized to Mr. DiFronzo for not speaking up on the previous agenda item.

Councilor Lazo said he respects the views and intention of the Fire Chief and these items not being brought to subcommittee prior to the meeting is not the Chief's fault. He feels procedure needs to be followed and should go before subcommittee.

Councilor Regis asked Acting Town Manager Healey if there was a committee to assist in the process of choosing the Deputy Chief and Captain. Mr. Healey said there was, Mr. Steve Coleman assisted both Mr. Healey and Chief Ciesla in the process. Mr. Healey stated the Town Charter says the Town Manager appoints and Town Council confirms or denies the appointments. Mr. Healey stated the procedures were followed diligently and the procedures that were voted on by Council were applied.

Councilor Regis asked Chief Ciesla if the promotional guidelines were okayed by him to which Chief Ciesla answered yes. Councilor Regis said that if the Council did not review the procedures shame on them, and if there is something in the procedure guidelines they would like to see fixed they could do it for next time. Councilor Regis apologized to both Mr. DiFronzo and Mr. Mathieu.

Councilor Nikolla said she takes full responsibility for the confusion these appointments have caused. She explained that the Council tried to avoid this. She went on to say that she has a good working relationship with the Town Manager and the council floor is not the place to discuss appointments. She said the packets were not delivered until Saturday morning when they should have been delivered on Thursday evening and these appointments should have gone before subcommittee and apologized to the two individuals who have been appointed by not yet confirmed. She said in the future the council needs to make a major change in appointments.

Chairman McDonald explained that he requested that the appointments not be put on tonight's agenda and believes these appointments should go to subcommittee.

Chief Ciesla stated to the Council that he followed policy to the "T" to promote the two candidates and believes the appointments should move forward.

Councilor Lazo said that he would schedule a PPP subcommittee meeting within 48 hours and suggested that the Town Council meeting scheduled for Monday, June 23, 2008 begin at 6:00PM so these men could be appointed.

AGENDA ITEM #10 - VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF KOPELMAN & PAIGE, P.C. AS TOWN COUNSEL FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM, JULY 1, 2008 TO JUNE 30, 2009:

Councilor O'Brien made a motion, seconded by Councilor Lazo to amend the motion to read Brackett & Lucas as Town Counsel. Chairman McDonald said this was not a proper motion.

Councilor O'Brien made a motion, seconded by Councilor to send this item back to subcommittee. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, MCDONALD, O'BRIEN, VANDAL. OPPOSED: LIVENGOOD, NIKOLLA, REGIS. MOTION PASSES.

AGENDA ITEM #11 - VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF DALE F. FERRON AS A MEMBER OF THE LIQUOR LICENSING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor Chernisky made a motion, seconded by Councilor King. Councilor King stated the liquor board will be a recipe of success with Mr. Ferron on board. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LIVENGOOD, MCDONALD, NIKOLLA, REGIS. OPPOSED: O'BRIEN, VANDAL. ABSTAINED: LAZO MOTION PASSES.

AGENDA ITEM #12 - VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF MICHAEL P. DANIELS AS THE ALTERNATE MEMBER OF LIQUOR LICENSING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE ON JUNE 30, 2011: Councilor Livengood made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ABSTAINED: LAZO. MOTION PASSES.

AGENDA ITEM #13 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF THOMAS O'LEARY AS A MEMBER OF THE BOARD OF HEALTH FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor Chernisky made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LIVENGOOD, MCDONALD, NIKOLLA, REGIS. OPPOSED: LAZO, O'BRIEN, VANDAL. MOTION PASSES.

AGENDA ITEM #14 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF RENE TREMBLAY AS A MEMBER OF THE BOARD OF HEALTH FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor King made a motion, seconded by Councilor Chernisky. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LIVENGOOD, MCDONALD, NIKOLLA, REGIS. OPPOSED: LAZO, O'BRIEN, VANDAL. MOTION PASSES.

AGENDA ITEM #15 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF RINALDO BERNARDONE AS A MEMBER OF THE BOARD OF HEALTH FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Chernisky. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #16 - VOTE TO TRANSFER THE SUM OF $20,000.00 FROM PRINCIPAL ON DEBT ACCOUNT NUMBER 001.0710.5910 TO DPW OPERATIONS ELECTRICITY ACCOUNT NUMBER 001.0499.5210: Councilor O'Brien made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #17 - VOTE TO TRANSFER THE SUM OF $22,000.00 FROM TOWN COUNCIL RESERVE ACCOUNT NUMBER 001.0132.5781 TO THE TOWN HEATING FUEL VARIOUS LOCATIONS ACCOUNT NUMBER 001.0190.5212.99.736: Councilor Lazo made a motion, seconded by Councilor O'Brien. Councilor Chernisky asked Ms. Harnois how much money was left in the Councilor Reserve Fund. Ms. Harnois stated $28,000 after this appropriation.

VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #18 - VOTE TO RATIFY AN AGREEMENT WITH CHAS H. SELLS, INC. IN THE AMOUNT OF $9,345.00 FOR MAPPING AND SURVEYING OF THE PROVIDENCE AND WORCESTER RAIL SPUR BETWEEN WEBSTER AND SOUTHBRIDGE TO BE FUNDED FROM SPECIAL LEGISLATION INITIATED BY SENATOR MOORE: Councilor O'Brien made a motion, seconded by Councilor Lazo. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #19 - VOTE TO RATIFY AN AGREEMENT WITH CARACAS CONSTRUCTION CORP. IN THE AMOUNT NOT TO EXCEED $179,870.00 FROM FUNDS PROVIDED BY A GRANT FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR SIDEWALK RECONSTRUCTION ON CHAPIN AND CRYSTAL STREETS: Councilor Chernisky made a motion, seconded by Councilor Lazo. Councilor Lazo asked Ms. Acly if this was the same contractor as in the last sidewalk project and Ms. Acly said it was a different contractor but they come with good references. Councilor Nikolla asked if the sidewalks on Dresser Street would be done soon, to which Ms. Acly responded next year. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #20 - VOTE TO RATIFY AN AGREEMENT WITH COSTAL MEDICAL BILLING, INC. TO PROVIDE AMBULANCE BILLING SERVICES TO THE TOWN OF SOUTHBRIDGE: Councilor Lazo made a motion, seconded by Councilor O'Brien. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #21 - VOTE TO RATIFY AN AGREEMENT WITH EPSTEIN & AUGUST, LLP TO PROVIDE CABLE TELEVISION LICENSE RENEWAL LEGAL SERVICES TO THE TOWN OF SOUTHBRIDGE NOT TO EXCEED $17,760.00 PER FISCAL YEAR: Councilor O'Brien made a motion, seconded by Councilor Lazo. Councilor Regis asked if this was a three-year contract. Acting Town Manager said "no". Councilor Regis asked if this was funded by the Cable Access Account to which Acting Town Manager replied, "yes". VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #22 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF PAUL PARENT TO THE AIRPORT COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor Lazo made a motion, seconded by Councilor Chernisky. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #23 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF ROBERT L. DUPUIS TO THE CABLE TV ADVISORY COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor O'Brien made a motion, seconded by Councilor Lazo. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #24 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF MARK JEWELL TO THE CABLE TV ADVISORY COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor King made a motion, seconded by Councilor O'Brien. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #25 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF DEAN COOK TO THE CONSERVATION COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor King made a motion, seconded by Councilor Chernisky. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LIVENGOOD, MCDONALD, NIKOLLA, REGIS. OPPOSED: LAZO, O'BRIEN, VANDAL. MOTION PASSES.

AGENDA ITEM #26 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF KENNETH PICKREN TO THE CONSERVATION COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor O'Brien made a motion, seconded by Councilor Lazo. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #27 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF PATRICIA TRAHAN TO THE COUNCIL ON AGING FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor King made a motion, seconded by Councilor Lazo. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #28 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF SUSAN KEOUGH TO THE COUNCIL ON AGING FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor O'Brien made a motion, seconded by Councilor Lazo. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #29 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF PAUL TREMBLAY TO THE HISTORICAL COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor Lazo made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #30 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF REICHARD WHITNEY TO THE JACOB EDWARDS LIBRARY BOARD OF TRUSTEES FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor Lazo made a motion, seconded by Councilor O'Brien. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #31 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF RENE TREMBLAY AS AN ALTERNATE MEMBER OF THE PLANNING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor Lazo made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS. OPPOSED: VANDAL. MOTION PASSES.

AGENDA ITEM #32 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF PAUL ST. JEAN TO THE PLANNING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor Lazo made a motion, seconded by Councilor King. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #33 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF CASSANDRA ACLY TO THE PLANNING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor O'Brien made a motion, seconded by Councilor Lazo. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #34 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF WILFRID COURNOYER AS PRINCIPAL ASSESSOR FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Per Acting Town Manager Healey this item needs to be removed from the agenda since Mr. Cournoyer was appointed last year and does not need to be re-appointed until 2010.

AGENDA ITEM #35 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF JOAN MENARD TO THE ECONOMIC DEVELOPMENT COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor O'Brien made a motion, seconded by Councilor Lazo. VOTE BY ROLL CALL. IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #36 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF PIERRE COURNOYER TO THE SOUTHBRIDGE INDUSTRIAL DEVELOPMENT FINANCE AUTHORITY FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor Lazo made a motion, seconded by Councilor O'Brien. VOTE BY ROLL CALL: IN FAVOR: CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #37 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF KAREN PICKARSKI TO THE SOUTHBRIDGE TRAIL COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2011: Councilor O'Brien made a motion, seconded by Councilor Lazo. VOTE BY ROLL CALL IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #38 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF ROGER NOROWSKI AS VETERAN'S GRAVE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor Lazo made a motion, seconded by Councilor O'Brien to group agenda items #38-43 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #39 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF THOMAS SMALARZ TO THE EDUCATIONAL FUND COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor Lazo made a motion, seconded by Councilor O'Brien to group agenda items #38-43 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #40 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF AJAY LAROCHELLE TO THE EDUCATIONAL FUND COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor Lazo made a motion, seconded by Councilor O'Brien to group agenda items #38-43 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #41 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF ARNOLD F. LANNI TO THE EDUCATIONAL FUND COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor Lazo made a motion, seconded by Councilor O'Brien to group agenda items #38-43 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #42 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF DANIEL R. CHARETTE TO THE EDUCATIONAL FUND COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor Lazo made a motion, seconded by Councilor O'Brien to group agenda items #38-43 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #43 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-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, 2009: Councilor Lazo made a motion, seconded by Councilor O'Brien to group agenda items #38-43 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #44 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF KATHLEEN E. SHIELDS AS ANIMAL INSPECTOR FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor Lazo made a motion, seconded by Councilor Chernisky. Councilor Lazo asked why this was only a one year appointment, to which Acting Town Manager Healey replied it was mandated by state law. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #45 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF KATHLEEN E. SHIELDS AS DOG OFFICER/ANIMAL CONTROL OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Lazo to group agenda items #45-53 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #46- VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF LT. JAMES PHILBROOK AS HEALTH INSPECTOR FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Lazo to group agenda items #45-53 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #47 - VOTE TO CONFIRM THE TOWN MANAGER' S RE-APPOINTMENT OF MARC A. DiPIETRO AS A PUBLIC WEIGHER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Lazo to group agenda items #45-53 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #48 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF MARK E. BONIN AS A PUBLIC WEIGHER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Lazo to group agenda items #45-53 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. MOTION PASSES.

AGENDA ITEM #49 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF WILLIAM C. JOLIN AS A PUBLIC WEIGHER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Lazo to group agenda items #45-53 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #50 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF STEPHEN LOVELY AS A PUBLIC WEIGHER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Lazo to group agenda items #45-53 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #51 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF KENNETH DELAGE AS A PUBLIC WEIGHER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Lazo to group agenda items #45-53 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #52 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPOINTMENT OF ARNOLD LANNI TO THE CENTRAL MASS REGIONAL PLANNING COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Lazo to group agenda items #45-53 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #53 - VOTE TO CONFIRM THE TOWN MANAGER'S RE-APPPOINTMENT OF DAVID LIVENGOOD AS ALTERNATE TO THE CENTRAL MASS REGIONAL PLANNING COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2009: Councilor King made a motion, seconded by Councilor Lazo to group agenda items #45-53 as one vote. VOTE BY ROLL CALL. IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. ALL IN FAVOR. MOTION PASSES.

AGENDA ITEM #54 - COUNCILOR'S FORUM:

Councilor Chernisky thanked everyone for coming out to the Southbridge Fest. He also stated the Relay for Life was a wonderful event that raised over $200K. Councilor Chernisky reminded everyone that this Saturday, June 21st was the San Juan Baptiste Festival to be held at St. Mary's. Councilor Chernisky thanked Mr. Healey for his time. Councilor Chernisky also reminded everyone that a week from tomorrow the Town Election will be held and he urged voters to come out and vote since an important piece of the puzzle needS to be complete, referring to the access road. Councilor Chernisky also expressed his concern that Little League had to buy a meter and pay for water to water the fields. Chairman McDonald said he would refer this matter to the EHS subcommittee for review.

Councilor King reiterated Councilor Chernisky on the success of the Relay for Life and said that he was glad that Shaun Moriarty was the honorable survivor this year. Councilor King stated that next week's election is very important and stated he was sorry to see Councilor Chernisky go. Councilor King thanked Jack Healey for his time as Acting Town Manager.

Councilor O'Brien thanked the members of the Town Manager Search Committee for their dedication in the process of choosing a new Town Manager. Councilor O'Brien thanked Mr. Healey and stated it was very important to get out and vote next week. Councilor O'Brien stated that democracy is not a spectator sport. Councilor O'Brien wished Councilor Chernisky his best.

Councilor Regis wished Councilor Chernisky the best as well as Mr. Healey.

Councilor Lazo read a letter from Dr. Kenny that was in the Town Councilor's packet. Councilor Lazo stated that although he and Mr. Healey did not always see eye to eye he wished him the best in his future endeavors. Councilor Lazo expressed his concern over dead animals in the roadways and asked who picks up the dead animals. Acting Town Manager Healey said he would check with Maureen Ciesla in the morning.

Councilor Nikolla thanked Councilor Chernisky for making her a better Councilor and for bringing fireworks to Town. She also thanked Mr. Healey for a remarkable four months. Councilor Nikolla thanked all the people who were appointed or re-appointed this evening, and hoped the community was inspired by these volunteers and are willing to volunteer. Councilor Nikolla extended her best wishes to all those running for Town Council and the two candidates running for the Southbridge Redevelopment Authority. Councilor Nikolla also stated that if this is her last meeting as a councilor she would like to thank all of those who supported her.

Councilor Livengood thanked Councilor Chernisky for being on the Council and read a prepared statement thanking Mr. Healey for his dedicated service and concluding with may God be with you.

Councilor McDonald presented Mr. Healey with a proclamation.

AGENDA ITEM #55 - DISCUSSION OF NEXT MEETING DATE:

Vice-Chairman Lazo suggested Monday, June 23, 2008. Councilor King made a motion, seconded by Councilor Regis. VOTE BY A SHOW OF HANDS. ALL IN FAVOR.

AGENDA ITEM #56 - VOTE TO ENTER INTO EXECUTIVE SESSION TO DISCUSS STRATEGY WITH RESPECT TO COLLECTIVE BARGAINING AND RETURN TO OPEN SESSION FOR THE PURPOSE OF ADJOURNMENT ONLY. Councilor Lazo made a motion, seconded by Councilor O'Brien. VOTE BY ROLL CALL. ALL IN FAVOR. CHERNISKY, KING, LAZO, LIVENGOOD, MCDONALD, NIKOLLA, O'BRIEN, REGIS, VANDAL. MOTION PASSES.

AGENDA ITEM #57 - ADJOURNMENT:

Councilor Chernisky made a motion, seconded by Councilor O'Brien to adjourn. VOTE BY A SHOW OF HANDS. ALL IN FAVOR. Meeting adjourned at 10:30 PM.

Respectfully Submitted,

Madaline I. Daoust,
Recording Clerk - Pro-Tem

SPECIAL TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, APRIL 9, 2008

A special meeting of the Southbridge Town Council was held on Monday, April 9, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Councilors excused: Lazo, Vandal.

Agenda Item #3. Citizen's Forum.

Monique Manna of Southbridge read a statement, describing the need for more money to be appropriated for the police department, which would have a broader impact by helping the schools and businesses in town.

Mellonee Pauley of Crestwood Drive asked questions about the Town Charter, specifically concerning the number of members of the Board of Health. Interim Town Manager Jack Healey explained it was the opinion of Kopelman and Paige that the reorganization plan put forward by the prior Town Manager was legal as it was voted 9 to 0 by the then Town Council.

John Pulawski of Jennison Drive stated at least three recent appropriations had exceeded the $250,000 threshold for going out to bid, these bids in conjunction with the construction of the access road from Worcester Street. Mr. Pulawski stated 10 cm of clear glass should be put beneath the landfill liner in order to protect the aquifer.

Agenda Item #4. Vote that the sum of $2,162,315.00 be appropriated from the Solid Waste Enterprise Fund liability account for the purpose of paying the invoice of Casella Waste Services dated May 16, 2008, for closure and remediation work at the Southbridge Sanitary Landfill, said invoice having been submitted to the Town in accordance with Section 4.1 of the Landfill Operating Agreement dated December 9, 1996. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Vote passes.

Councilor Regis said she wanted Agenda #12 voted on at this point, and this was made a motion and was seconded by Councilor Chernisky. Vote to move Agenda Item #12 to this point in the meeting, by show of hands, all in favor.

Agenda Item #12. Vote to rescind Agenda Item Number 12, voted May 19, 2008 to adopt the FY 2009 Landfill Enterprise Fund Budget of $935,347.00 to be funded from landfill user charges and other departmental revenue. A motion was made by Councilor Regis, seconded by Councilor King, vote to this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Councilors abstaining: O'Brien. Vote passes.

Agenda Item #5. Vote that the Town revoke its acceptance of General Laws Chapter 44, Section 53F ½ relating to the Solid Waste Enterprise Fund adopted by the Town Council pursuant to its voting of April 7, 1997 Agenda Item Number 11, effective Fiscal Year 2009, provided that all unexpended balances of the Enterprise Fund be deposited in the Town's General Fund. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item.

Councilor O'Brien stated with the votes on Agenda Items #5, #6, and #7, were all dependent on the assumption that there is no successful appeal of the Board of Health's recent decision on the Casella site assignment. Mr. Healey stated releasing these funds now would help the Council rebuild the town.

Agenda Item #5. Vote by roll call, Councilors in favor: Chernisky, King, Livengood McDonald, Nikolla, and Regis. Councilors opposed: O'Brien. Vote passes.

Agenda Item #6. Vote to rescind the vote of the Town Council taken on May 19, 2008, Agenda Item No. 8 - Vote to amend the vote of the Town Council on April 9, 2007, Agenda Item No. 16 - Vote to accept the amount of $2,000.00 as the yearly stipend for Town Council and the School Committee, as allowed in the Southbridge Town Charter, from $2,000.00 to $100.00 per year, effective July 1, 2008. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Councilor Chernisky stated with the upcoming increases in the tax rates for the town, he couldn't support this item. Councilor Nikolla stated there was no money to waste, and she was opposed to the stipend from the beginning. Vote by roll call, Councilors in opposed: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Vote fails.

Agenda Item #7. Vote that the sum of $2,274,225.00 be raised and appropriated to fund the Supplemental Budget for Fiscal Year 2009, same to be expended per the attached voting document: Chairman McDonald read this motion with a total amount of $2,257,125.00, which reflected the decrease amount needed to supplement the FY2009 budget, based on the negative vote on Agenda Item #6.

A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item as read, and discussion was held.

Agenda Item #7 (as read by Chairman McDonald and as voted). Vote that the sum of $2,257,125.00 be raised and appropriated to fund the Supplemental Budget for Fiscal Year 2009, same to be expended per the attached voting document: Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: O'Brien. Vote passes.

Agenda Item #8. Vote to rescind Agenda Item Number 10, voted May 19, 2008, to adopt the FY 2009 Sewer Enterprise Fund Budget of $3,130,004.00 to be raised from sewer rates and other departmental revenue. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Mr. Healey described that this item and items #9, and #10, and #11 are votes to remove indirect costs from these accounts, in compliance with the budgeting method preferred by the State's Department of Revenue. Vote by roll call, Councilors in favor: Chernisky, King, L ivengood, McDonald, Nikolla, O'Brien, and Regis. Vote passes.

Agenda Item #9. Vote that the amount of $2,608,564.00 is appropriated for the FY 2009 Sewer Enterprise Fund Budget to be raised from sewer user charges and other departmental revenues. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Vote passes.

Agenda Item #10. Vote to rescind Agenda Item Number 11, voted May 19, 2008 to adopt the FY 2009 Water Enterprise Fund Budget of $3,249,640.00 to be raised from water rates and other departmental revenue. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Vote passes.

Agenda Item #11. Vote that the amount of $2,757,921.00 is appropriated for the FY 2009 Water Enterprise Fund Budget to be raised from water user charges and other departmental revenues. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Vote passes.

Agenda Item #13. Vote to appropriate $20,000.00 from Overlay Surplus to reduce the FY 2009 tax levy. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky to vote this item. Discussion was held about the possibility of not having to increase to the maximum allowable tax levy limit at the time of setting the tax rate. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Vote passes.

Prior to adjourning, Councilor Chernisky introduced a plan to begin setting aside money into a perpetual account from the revenues to be generated from the landfill contract (see attached).

A motion to adjourn was made by Councilor King, seconded by Councilor O'Brien. Vote by show of hands, all in favor. The meeting adjourned at 8:25 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, JUNE 2, 2008

A meeting of the Southbridge Town Council was held on Monday, June 2, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:01 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

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

May 19, 2008 public hearing. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to approve these minutes. Vote by show of hands, 8 in favor, 1 abstain (Lazo). Vote passes.

May 19, 2008, regular meeting. A motion was made by Councilor King, seconded by Councilor Chernisky, to amend these minutes to include the following:

- The Town Clerk's budget on page 7 is actually for $145,276.
- Add: Land Management Miscellaneous for $15,000 on page 8 under Property Management Miscellaneous.

Vote to amend by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Councilors opposed Lazo, O'Brien, and Vandal. Vote to amend passes.

May 19, 2008, regular meeting (as amended). A motion was made by Councilor King, seconded by Councilor Chernisky, to vote these minutes as amended. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: Lazo, O'Brien, and Vandal. Vote passes.

Agenda Item #4. Subcommittee reports:

• a. General Government. Councilor O'Brien stated there were no minutes to read and no meeting was scheduled.
• b. Department of Public Works. Councilor Vandal read the minutes of the 5/28/08 meeting, and stated there was a meeting scheduled for 6/4/08 at 7 p.m. in the Rice Conference room.
• c. Education and Human Services. Councilor Nikolla described the meeting of 5/21/08.
• d. Planning and Development. Councilor Livengood said there was a meeting scheduled for 6/5/08 at 7 p.m. in the Rice Conference Room.
• e. Protection of Persons and Property. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
• f. Town Manager. Councilor Chernisky stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairman McDonald stated he wanted the letter from Mr. Galonek discussed in General Government Subcommittee. A motion was made by Councilor O'Brien, seconded by Councilor King, to refer this item to subcommittee. Vote by show of hands, all in favor.

Chairman McDonald and Councilor Lazo presented a certificate of appreciation to Alfred and Mark DiPietro of D&D Welding, for their efforts in support of the Tri-Epic Commission. Mark DiPietro accepted for both him and his father, and stated the importance of local businesses supporting local government.

Chairman McDonald directed Councilor Chernisky to talk about the Southbridge Fest. Councilor Chernisky described the events of the Southbridge Fest, to be held on June 7, 2008, from 12 to 6.

Agenda Item #6. Town Manager's Announcements

Interim Town Manager Jack Healey stated the Recyclebank program had been revamped, with new categories, and the ability to now donate points to the Southbridge school system.

Mr. Healey stated the Southbridge Citizens Scholarship Committee had awarded two $500 scholarships, one to Elizabeth Blake, and one to Danielle St.Onge.

Mr. Healey stated the next hazardous waste day at the landfill was scheduled for 6/21/08, from 9 a.m. to 1 p.m.

Mr. Healey stated a municipal sustainability grant had been received for the town, and the town would have materials for use in reducing waste.

Mr. Healey stated in the report he had included votes required to implement the final FY2009 budget. Mr. Healey stated he was not asking for a vote tonight, but that subject to an affirmative vote by the Board of Health, he was looking for a special meeting on 6/9/08 to vote these three items, which would allow the Town to function at its current level for FY2009. A motion was made to hold a special meeting on 6/9/08 for these votes, if necessary, motion made by Councilor Chernisky, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Mr. Healey stated Agenda Items #10 and #11 had been prematurely placed on tonight's agenda, and he wanted them tabled as he had not completed the review process.

Agenda Item #7. Citizen's Forum

Kevin Buxton of Columbus Ave stated there was nothing in the Charter that precluded anyone from talking about anything at citizens' forum, regardless whether the subject of discussion was on the agenda or not. Mr. Buxton asked about the "smoke and mirrors" comment regarding the budget discussion at the prior meeting, and Councilor Regis stated this referred to the use of the Landfill Enterprise Fund in the past to offset indirect costs.

Agenda Item #8. Vote to accept and sign the Warrant for the June 24, 2008 Annual Town Election. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to confirm the Town Manager's appointment of Douglas Scott as Construction Project Oversight Manager for the School Demolition Project until project completion. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item.

Councilor Lazo stated Mr. Scott was being spread kind of thin, with his involvement in other town projects. Mr. Healey stated he had spoken with Mr. Scott about his other commitments. Councilor Nikolla stated Mr. Scott had been approved by the school building committee. Councilor Vandal asked how much was being allotted for this, and Mr. Healey stated the amount was $24,000. Councilor Lazo stated he didn't know how Mr. Scott could be at all places.

Agenda Item #9. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: Lazo, O'Brien, and Vandal. Vote passes.

Agenda Item #10. Vote to confirm the Town Manager's appointment of Dale F. Ferron as a member of the Liquor Licensing Board for the Town of Southbridge for a three-year term to expire June 30, 2011.

Agenda Item #11. Vote to confirm the Town Manager's appointment of Michael P. Daniels as an alternate member of the Liquor Licensing Board for the Town of Southbridge for a three-year term to expire June 30, 2011.

Discussion was held about these two items, and Mr. Healey's desire to table these. A motion was made by Councilor King, seconded by Councilor Lazo, to table these two items. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote to table passes.

Agenda Item #12. Vote to ratify an Amendment to the License Agreement between the Town of Southbridge and the Southbridge Softball Association, Inc. A motion was made by Lazo, seconded by Councilor King, to vote this item. Councilor Nikolla stated this item had passed unanimously in subcommittee. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to ratify an Agreement with Peterson Oil Service for heating fuel under a cooperative bid in the amount of $3.9450/gallon supplied and delivered. A motion was made by Councilor Livengood, seconded by Councilor Lazo, to vote this item. Councilor O'Brien asked if there was a provision for the amount per gallon to go down if the price goes down, and Mr. Healey stated he didn't think so. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal. Councilors opposed: O'Brien. Vote passes.

Agenda Item #14. Vote to accept the Petition for Repairs to a Private Way as submitted by the abutters to Randall Street to make the necessary repairs to this private way in the maximum amount of $500.00 for materials and labor. A motion was made by Councilor Chernisky, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #15. Councilors' Forum

Councilor Livengood stated he wanted everyone to learn the issues with the upcoming election, then turn out and vote.

Councilor Nikolla described how enjoyable it was to read to 2nd graders at the recent "Reach out and Read" event, held in the Southbridge schools.

Councilor Nikolla stated the Memorial Day parade had been very nice, and she was proud to have been part of it.

Councilor Nikolla stated there was a candidates night scheduled for 6/11/08, and she urged anyone interested in finding out about the candidates to tune in.

Councilor Lazo stated the DPW had done a great job sweeping the streets.

Councilor O'Brien stated the Town Charter calls for a 3 member Board of Health, and the board as it is currently seated is invalid and raises serious issues, including the validity of currently taken votes and upcoming votes. Councilor O'Brien stated the only way to correct this difference in the number of members of the Board of Health is to amend the Charter. Councilor O'Brien stated this situation caused substantial legal exposure.

Mr. Healey described how the Board of Health had come to be a 5 member board. Mr. Healey stated he had been assured by Town Counsel that the Board of Health is currently legally constituted, and allowed to vote on any issue.

Councilor King stated the parking sign at the bottom of West Street, near the new Domino's Pizza location, needs to be more restrictive in that between 3 and 6 p.m. the parking is too close to this busy corner. Mr. Healey stated he would refer this to subcommittee.

Councilor King stated the Lassie League had its opening day festivities, but the board was strong-armed into paying a $75 fee, and the Treasurer of the Lassie League was required to sign this agreement, for use of the restrooms. Councilor King stated he wanted this $75 given back.

Councilor King stated he wanted the next Town Manager to quickly compile an update regarding the 185 Guelphwood Road property, specifically to know where the whole project stands, prior to putting any more money into it.

Councilor Chernisky thanked all the veterans who had been involved in the Memorial Day parade.

Councilor Chernisky stated he saw an article in the paper, indicating Hyde Manufacturing had no intention of leaving town. He thanked the Clemence family for all they have done for the town and continued to do.

Councilor Chernisky stated regarding the Concerts on the Common, the Downtown Partnership is coordinating this, and a great concert schedule is coming out soon, beginning in early July.

Councilor Chernisky stated the Downtown Partnership is also getting the planters in the downtown area full of flowers, and he appealed for public help by not littering in them or stealing them. He stated anyone wishing to contribute could do so through the planting fund of the Downtown Partnership.

Councilor Chernisky stated Southbridge Fest was coming up on 6/7/08, and was going to be a great event.

Councilor Chernisky stated he had the privilege of reading to a 2nd grade class as part of the Reach Out and Read program.

Councilor King congratulated the senior class at Southbridge High for graduating.

Councilor Vandal stated he wanted a breakdown of the finances involved in maintaining the Armory.

Mr. Healey stated the date and time for the upcoming Town Councilor Candidate debate was June 11, 2008, at 6 p.m. in the Town Hall.

Agenda Item #16. Discussion of the next meeting date. Councilor Lazo recommended 6/16/08. Councilor Chernisky made a motion, seconded by Councilor King, to recommend 6/16/08 as the next meeting date. Vote by show of hands, all in favor.

Agenda Item #17. A motion was made to enter Executive Session to discuss strategy with respect to pending litigation and return to open session for the purpose of adjournment only. Councilor Lazo made a motion, seconded by Councilor King, to enter into Executive Session. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes. The meeting entered Executive Session at 8:12 p.m.

The meeting returned from Executive Session at 8:48 p.m.

Councilor King made a motion to adjourn, seconded by Councilor O'Brien. Vote by show of hands, all in favor. The meeting adjourned at 8:49 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, MAY 19, 2008

A meeting of the Southbridge Town Council was held on Monday, May 19, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:03 p.m.

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

Agenda Item #2. Roll Call. Councilors present: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors delayed: Chernisky (arrived at 7:31 p.m.).

Agenda Item #3. Consider and accept the minutes of the May 12, 2008 meeting. A motion was made by Councilor King, seconded by Councilor O'Brien, to accept these minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee Reports:

• General Government. Councilor O'Brien stated there were no minutes to read and no meeting was scheduled.
• Department of Public Works. Councilor Vandal stated there would be a meeting next week.
• Education and Human Services. Councilor Nikolla stated a meeting was scheduled for 5/21/08 at 7 p.m. in the Rice Conference Room.
• Planning and Development. Councilor Livengood stated there was a meeting scheduled for 6/5/08 at 7 p.m. in the Rice Conference Room.
• Protection of Persons and Property. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
• Town Manager. Councilor Chernisky was not present.

Agenda Item #5. Chairman's Announcements

Chairman McDonald had no announcements.

Agenda Item #6. Town Manager Announcements

Interim Town Manager Jack Healey stated a letter had been sent to the District Attorney's office stating the Town of Southbridge had violated the open meeting law on 3/24/08, with respect to entering executive session to discuss the water deal with Sturbridge. Mr. Healey stated the DA's office had determined no wrongdoing on the part of Southbridge.

Mr. Healey stated a letter to the Department of Environmental Protection sent by Ms. Pecci from one of the intervener groups at the site assignment hearings, which alleged an improper site assignment for the landfill operator, had been found to be invalid, and the area currently occupied by the landfill operator for use as a landfill had been properly assigned in 1979, and then modified properly in 1998.

Mr. Healey stated the letter read on 5/12/08 by James Sottile was a follow-up letter from the DEP, and in it Mr. Suuberg from the DEP stated he had been working with Casella and the Town of Southbridge to get a better Financial Assurance Mechanism by about $1,200,000. Mr. Healey stated Casella has agreed to submit the necessary paperwork to the DEP to secure approval of the supplemental FAM. Councilor O'Brien asked why there was such a disparity in the numbers being quoted as the post closure requirement, and Mr. Healey stated some numbers quoted are for where the amount should be today, and some quotes are for where the number will be when the landfill life is done.

Mr. Healey stated after talking to many involved in the site assignment decision and the operation of the landfill, he had formulated a number of proposals to discuss with Casella, to improve the proposed enhanced agreement. Mr. Healey stated the result of this is the side letter. Mr. Healey stated this side letter would add certain stipulations to the proposed new agreement. One of these agreements is that Casella has agreed not to discharge any leachate until it is tested and approved for treatment at the plant. Mr. Healey stated C/D leachate is more problematic than MSW leachate. Mr. Healey stated MSW leachate is easier for the wastewater treatment facility to accept than septage. Mr. Healey stated the town would get 3c a gallon to start for leachate from Casella, and the side letter would allow the town to terminate this agreement if the town so chose.

Mr. Healey stated another provision in the extension agreement is the restriction on landfill mining. Mr. Healey stated under the current proposed enhanced agreement, Casella has the right to landfill mine in closed cells, and Mr. Healey stated he didn't believe this was a good idea, and the side letter would restrict Casella from this activity.

Mr. Healey stated with the current proposed enhanced agreement, the town would receive 10% of the profits from the electricity generated by the methane. Mr. Healey stated there were other sources of electrical creation at the landfill, including waste gases and steam generated, and the side letter would address these by requiring Casella to give the Town 10% of these revenues as well.

Mr. Healey described several other benefits in the side letter, including ways to ensure towns that were putting their trash into the landfill would be compelled to recycle. Also, Mr. Healey talked about the requirement for a Board of Health to be created, mostly funded by Casella and partly funded by the Town.

Mr. Healey stated at his request SRD (Casella) had agreed not to use C/D for daily cover of the landfill. Mr. Healey stated SRD had agreed to limit trucks going to the landfill until completion of the access road. Mr. Healey stated Pleasant Street was scheduled for resurfacing in June, and the bids for the access road went out in July, and the work was to start in August. Mr. Healey stated SRD had agreed to attend at least one Board of Health meeting a month. Mr. Healey stated he had recommended also that the Board of Health establish a landfill oversight committee and a recycling committee, with monthly meetings and at least partially populated by citizen members, and that Casella would be required to attend these as well.

Mr. Healey stated SRD has sent a letter to the Airport Commission telling them they can continue to have their airport-related things on Casella land, and also he stated Casella had agreed to move 20 of their 35 trucks off the landfill site to other sites. Mr. Healey stated Casella had reconfirmed their commitment to pay the bond for the access road, and also that Casella would cover the cost of post closure at the landfill site. Mr. Healey stated upon completion of the enhanced agreement the balance of the Enterprise Fund would become available to the town, specifically to restore town positions, and also to provide money to the Stabilization Fund, as a hedge against future year shortfalls.

Mr. Healey stated the Town could actually realize more than the original $108 million predicted. Mr. Healey stated without some revenue, the town would be forced to make annual budget cuts, which would impact town services, eventually to the point where the State would have to take over. Mr. Healey stated his belief the side letter would better protect the town, and that the DEP must give final approval for the new site assignment, and might add additional requirements.

Councilor Chernisky arrived at 7:31 p.m.

Mr. Healey stated SRD believed the current estimates on revenue from energy payments was low, and that more profit for the town is estimated. Mr. Healey stated curbside pickup of trash is an avoided cost of about $750,000 a year. Mr. Healey stated the incremental upside to the original $108 million predicted benefit to the town could be as much as $52 million.

Chairman McDonald asked about charging for the leachate. Mr. Healey stated the current rate of pay would be 3c a gallon, but as the landfill shifts from mostly C/D to mostly MSW, the amount of leachate will reduce, and the amount per gallon charged will increase. Chairman McDonald asked if there any protections against increasing numbers of trucks.

Councilor Vandal stated he had never heard so much bull and scare tactics than had just been stated by Mr. Healey. Councilor Vandal stated people would not want to stay in Southbridge if there is a landfill.

Councilor King stated regarding scare tactics, he could remember people predicting with certainty that 4,000 trucks a day would be coming to the landfill, and that never happened. Regarding people not staying here, Councilor King stated the landfill had been in existence since 1980, and 28 years later people were still here.

Councilor O'Brien called this the same song and dance. Councilor O'Brien stated every time the Town is told they have the best deal from the landfill operator, they end up getting a better deal. Councilor O'Brien stated the side letter, just the day prior to the last site assignment hearing with the Board of Health, sounded a lot like bribery.

Mr. Healey stated another benefit of the enhanced agreement would be that every seven years Casella would ensure that the benefits given to the town were similar or better than any other landfill deal in the state.

Councilor O'Brien stated whenever the viability of the proposed enhanced agreement is challenged, Casella puts more on the table. Councilor O'Brien stated he was convinced Casella needed this deal more than the Town. Councilor O'Brien stated if the Board of Health turns this deal down, Casella would appeal, but in the end they would come back to the table to negotiate. Councilor O'Brien stated the Board of Health's sole purpose is the health of the community. Councilor O'Brien stated 22 physicians had determined there was a threat with this new site assignment, and he stated this is not the best deal the town could get. Councilor O'Brien stated he hoped the Board of Health turned this down, and this whole thing should be tabled until the discussion with the Board of Health is done.

Councilor Lazo stated the switch to MSW was desired by Casella, as this made them more money.

Councilor King asked about the estimated length of life for the landfill at the current acceptance, and Mr. Healey stated there was no such estimate. Councilor King stated this whole thing is in the hands of the Board of Health, and if the site assignment fails then Casella would still be here, but the Town would have a poorer contract.

Councilor Lazo asked about the mining, and Mr. Healey stated Casella was not currently mining, but the side letter would disallow this in the future without permission from the town.

Further discussion was held. A recess was held between 8:03 and 8:16 p.m.

Agenda Item #7. Citizens Forum

Javier Melendez of Mechanic Street asked questions about the relationship between Attorney Giorgio and Mr. Healey in the past, and how the Town Attorney was paid, and whether or not fireworks at the airport would ignite the flare. Councilor Chernisky stated there is a fireworks committee that is working hard to fund this year's 4th of July in Southbridge.

Kevin Buxton of Columbus Ave stated there was no need to rush the process, and the Town needed to be responsible owners of the property. Mr. Buxton stated the landfill life should be extended, and no talk of cutting the life of the landfill short. Mr. Buxton stated he was on the ballot in this year's town election.

Larry Beinema of Dennison Hill Road wondered who gave the acting town manager the authority to negotiate with Casella on behalf of the town. Mr. Beinema stated leachate is toxic liquid and not dirty water. Mr. Beinema asked if the expansion of the Wastewater Treatment Plant was being done in order to facilitate acceptance of leachate from Casella. Mr. Beinema stated the WWTP operator has stated the increase in leachate would increase odors.

Councilor O'Brien stated the home rule charter authorized the town manager to negotiate, and he didn't need authorization from the Town Council.

Mr. Beinema stated the current amount of MSW going to the landfill is 24,960 tons of MSW, only 16 trucks per day.

Roger Caouette of Tillyer Ave read a statement about the Town Charter, Casella, recycling coupons, and he thanked Paul Zotos for showing the meetings.

Dennis Martinek of Pine Ridge Road talked about his website, and how he wanted input. Mr. Martinek asked, besides money, what good comes from having a contract with Casella.

Dean Cook of South Street, and also a member of the Board of Health and the Conservation Commission, stated the Board of Health would make their decision based on health and safety issues. Mr. Cook described the other duties of the Board of Health, and regardless of the status of the landfill the town needs a Board of Health and a permanent staff.

John Pulawski of Jennison Road spoke about volatile organic compounds, and whether or not they were safer than gypsum.

Agenda Item #8. Vote to amend the vote of the Town Council on April 9, 2007, Agenda Item No. 16 - Vote to accept the amount of $2,000.00 as the yearly stipend for Town Council and the School Committee, as allowed in the Southbridge Town Charter, from $2,000.00 to $100.00 per year.

Councilor Chernisky made a motion to amend this item to include "effective 7/1/08," seconded by Councilor O'Brien. Vote to amend, to read as follows: Vote to accept the amount of $2,000.00 as the yearly stipend for Town Council and the School Committee, as allowed in the Southbridge Town Charter, from $2,000.00 to $100.00 per year, effective 7/1/08. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #8 (as amended above). Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to adopt the FY 2009 Town of Southbridge General Fund Operating Budget per the attached voting document in the amount of $41,563,634.00 to be funded as follows:

Raise and appropriate $40,741,473.00

Transfers and other available funds:

Sale of Street List Books			            2,000.00
Cable Operating Account			          88,500.00
Septic Loan Program			            6,048.00
Debt Service Reserve			        540,000.00
Sale of Lots and Graves			          15,000.00
Perpetual Care Interest			          25,000.00
Armory Debt Service Reserve		          71,144.00
Library Incentive Grant			          25,000.00
Free Cash          49,469.00
TOTAL $41,563,634.00

Chairman McDonald directed the Town Council to the voting document, beginning with General Government (see attached), and each item was voted as follows:

Town Council - $31,792 Councilor Chernisky made a motion, seconded by Councilor O'Brien, to change this amount to $14,692. Vote by show of hands, all in favor.

Town Council- $14,692 Councilor Livengood made a motion, seconded by Councilor Regis, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo and O'Brien). Vote passes.

Town Manager - $216,045 Councilor Regis made a motion, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, O'Brien). Vote passes.

Town Accountant - $133,063 Councilor Regis made a motion, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (King, O'Brien). Vote passes.

Assessors - $161,294 Councilor Regis made a motion, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 6 in favor, 3 opposed (King, Lazo, O'Brien). Vote passes.

Treasurer - $296,131 Councilor Regis made a motion, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (King, O'Brien). Vote passes.

Town Attorney - $120,000 Councilor Regis made a motion, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 6 in favor, 3 opposed (Lazo, O'Brien, and Vandal). Vote passes.

Town Clerk - $145,278 Councilor Regis made a motion, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Elections and Registrations - $58,038 A motion was made by Councilor Regis, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Planning Board - $2,983 A motion was made by Councilor Regis, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Economic Development - $42,245 A motion was made by Councilor Regis, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, O'Brien). Vote passes.

Cable TV - $88,500 A motion was made by Councilor Livengood, seconded by Councilor Lazo, to approve this budget amount. Councilor King asked if the town could access this money. Mr. Healey stated he was meeting with the cable committee later in the week, and he had spoken to Paul about some of the items to be charged to this budget. Mr. Healey stated he would report back after the meeting. Vote by show of hands, 8 in favor, 1 opposed (Regis). Vote passes.

Audit fees - $42,000 A motion was made by Councilor Regis, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor. Vote passes.

Bank Services Charges - $500 A motion was made by Councilor Livengood, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor. Vote passes.

Copy machine costs - $12,900 A motion was made by Councilor Regis, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Telephone - $35,000 A motion was made by Councilor Regis, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor. Vote passes.

Postage - $37,000 A motion was made by Councilor Regis, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor. Vote passes.

Natural gas - $82,000 A motion was made by Councilor Regis, seconded by Councilor King, to approve this budget amount. Discussion was held, and Town Accountant Karen Harnois stated the Town was currently using Peterson Oil for the heating oil, with a fixed price for 2009, and natural gas was provided by Keyspan. Vote by show of hands, all in favor, vote passes.

Heating fuel - $145,000 A motion was made by Councilor Regis, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor. Vote passes.

Property management misc. - $10,500 A motion was made by Councilor Regis, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Fuels and lubricants - $160,000 A motion was made by Councilor Regis, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Subtotal Administration - $539,900 A motion was made by Councilor King, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Data Processing - $225,000 A motion was made by Councilor Nikolla, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 6 in favor, 3 opposed (Lazo, O'Brien, Regis). Vote passes.

Council Reserve - $97,000 A motion was made by Councilor King, seconded by Councilor O'Brien, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Contributory Retirement - $1,452,131 A motion was made by Councilor Regis, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

In-service training - $4,000 A motion was made by Councilor Livengood, seconded by Councilor Regis, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Recruitment and processing - $5,000 A motion was made by Councilor Regis, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 7 in favor, 9 opposed (Lazo, O'Brien). Vote passes.

Salary Adjustments - $75,000 A motion was made by Councilor Livengood, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 3 in favor (Nikolla, Livengood, McDonald), 6 opposed. Vote fails.

Discussion was held.

A recess was held between 9:15 and 9:25 p.m.

Further discussion was held. Councilor Regis stated she would rather save a job in the DPW and move this money there. She stated by the time the contracts are negotiated there may be another source for funding, such as free cash. Councilor Regis made a motion to zero this line item out and increase the DPW budget by this amount. This motion was seconded by Councilor Lazo. Vote by show of hands, all in favor, vote passes.

Employee Medicare - $90,000 A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Subtotal for Program Accounts (adjusted) - $99,000 A motion was made by Councilor Regis, seconded by Councilor King, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Group Health and Life Insurance - $1,440,000 A motion was made by Councilor O'Brien, seconded by Councilor Regis, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Worker's Compensation - $38,000 A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Police and Fire Indemnity - $33,000 A motion was made by Councilor O'Brien, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Unemployment - $20,000 A motion was made by Councilor O'Brien, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Property and Liability Insurance - $193,000 A motion was made by Councilor Livengood, seconded by Councilor O'Brien, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Deductible liability - $2,500 A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Subtotal General Insurance - $286,500 A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Central Mass Regional Planning - $4,200 A motion was made by Councilor King, seconded by Councilor Regis, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, O'Brien).

Airport Commission - $200 A motion was made by Councilor Lazo, seconded by Councilor King, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien).

Conservation Commission - $400 A motion was made by Councilor Lazo, seconded by Councilor Regis, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien).

Licensing Board - $500 A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, O'Brien).

Historical Commission - $750 A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien).

Zoning Board of Appeals - $750 A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, O'Brien). Vote passes.

Board of Health - $2,100 A motion was made by Councilor King, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, O'Brien). Vote passes.

Subtotal Boards and Committees - $8,900 A motion was made by Councilor King, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, O'Brien). Vote passes.

Principal on Debt - $2,395,597 A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Interest on long term debt - $760,378 A motion was made by Councilor King, seconded by Councilor Lazo, to approve this budget amount Vote by show of hands, all in favor, vote passes.

Interest on short term debt - $99,000 A motion was made by Councilor Lazo, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Issuance expense - $75,000 A motion was made by Councilor King, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, al in favor, vote passes.

Subtotal debt service - $3,329,975 A motion was made by Councilor King, seconded by Councilor Chernisky, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Revaluation services - $40,000 A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien).

Ambulance Billing Service - $40,000 A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Medicaid Billing - $12,000 A motion was made by Councilor Livengood, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Subtotal Special Accounts - $92,000 A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Southbridge Public Schools:

Health and Life Insurance - $1,060,000 A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Workers Compensation Insurance - $82,000 A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Other Insurance - $107,000 A motion was made by Councilor Chernisky, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Unemployment Compensation (two-third vote required) - $140,000 A motion was made by Councilor King, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor. Vote passes.

Retirement Contribution - $634,264 A motion was made by Councilor Livengood, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Subtotal General Government expenses - $2,023,264 A motion was made by Councilor Lazo, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

General Government Total - $10,871,937 A motion was made by Councilor King, seconded by Councilor O'Brien, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, Vandal). Vote passes.

Public Safety:

Police Department (two-third vote required) - $2,749,618 A motion was made by Councilor Livengood, seconded by Councilor Nikolla, to approve this budget amount. Vote by show of hands, 7 in favor, 1 opposed (O'Brien), 1 abstained (Chernisky). Vote passes.

Fire and Ambulance - $1,817,103 A motion was made by Councilor Lazo, seconded by Councilor Regis, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Inspections - $145,729 A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Street Lights - $180,000 A motion was made by Councilor Lazo, seconded by Councilor King, to approve this budget amount. Vote by show of hands, all in favor.

Public Safety total - $4,892,450 A motion was made by Councilor King, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Department of Public Works

DPW Administration - $266,473 A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

DPW Operations - $1,106,079 A motion was made to amend this amount to read $1,149,506 by Councilor Regis, seconded by Councilor Lazo, to reflect an additional $41,682 in salary, $1,025 for licensing, and $720 for uniforms. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

DPW Operations - $1,149,506 A motion was made by Councilor Lazo, seconded by Councilor King, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

DPW Snow and Ice - $100,200 A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Public Works Total - $1,516,179 A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Veterans and Council on Aging - $68,848 A motion was made by Councilor King, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 8 in favor, 1 opposed (O'Brien). Vote passes.

Library - $421,156 A motion was made by Councilor Livengood, seconded by Councilor King, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, O'Brien). Vote passes.

Recreation - $49,019 A motion was made by Councilor King, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Chernisky, O'Brien). Vote passes.

Communicable Disease Control - $11,000 A motion was made by Councilor King, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Veteran Benefits - $60,000 A motion was made by Councilor Livengood, seconded by Councilor Chernisky, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Veterans Memorials - $2,700 A motion was made by Councilor King, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Education and Human Services Program Accounts - $73,700 A motion was made by Councilor King, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Human Services Total - $612,723 A motion was made by Councilor Livengood, seconded by Councilor King, to approve this budget amount. Vote by show of hands, 7 in favor, 2 opposed (Lazo, O'Brien). Vote passes.

Southbridge Public Schools - $22,347,110 A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

SWCRSD (Bay Path) - $1,203,478 A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

Education Total - $23,550,588 A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve this budget amount. Vote by show of hands, all in favor. Vote passes.

Supplemental Reserve Fund - $139,722 A motion was made by Councilor King, seconded by Councilor Lazo, to approve this budget amount. Vote by show of hands, all in favor, vote passes.

General Fund Totals - $41,583,599 A motion was made by Councilor Livengood, seconded by Councilor King, to approve this budget amount. Vote by show of hands, 6 in favor, 3 opposed (Chernisky, Lazo, O'Brien). Vote passes.

At this point, referring to Agenda Item #9, Councilor O'Brien made a motion to change the "raise and appropriate" amount of money from $40,741,473.00 to $39,981,223,and the total amount from $41,583,599 to $40,803,384, to reflect a cut of $728,677 from the town-side operating budget, seconded by Councilor Lazo. Discussion was held. Vote by roll call, Councilors in favor: Lazo, O'Brien, Vandal. Councilors opposed: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Motion fails.

Councilor Chernisky made a motion to reduce the FY 2009 budget amount from $41,583,599 by $100,000, to the amount of $41,483,599, to reflect not hiring back two positions previously identified. This motion was seconded by Councilor O'Brien. Vote by roll call, Councilors in favor: Chernisky. Councilors opposed: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Motion fails.

Agenda Item #9 (as amended by votes taken prior from the voting document - see above). Vote to adopt the FY 2009 Town of Southbridge General Fund Operating Budget per the attached voting document in the amount of $41,583,599 to be funded as follows:

Raise and appropriate $40,761,438.00

Transfers and other available funds:

Sale of Street List Books			            2,000.00
Cable Operating Account			          88,500.00
Septic Loan Program			            6,048.00
Debt Service Reserve			        540,000.00
Sale of Lots and Graves			          15,000.00
Perpetual Care Interest			          25,000.00
Armory Debt Service Reserve		          71,144.00
Library Incentive Grant			          25,000.00
Free Cash          49,469.00
TOTAL $41,583,599.00

A motion was made by Councilor Regis, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: King, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: Lazo, O'Brien, and Vandal. Councilors abstaining: Chernisky. Vote passes.

Agenda Item #10. Vote to adopt the FY 2009 Sewer Enterprise Fund Budget of $3,130,004.00 to be raised from sewer rates. A motion was made by Councilor Regis, seconded by Councilor Chernisky, to vote this item, with the words "and other departmental revenue" added to this item as well as Agenda Item #11 and #12. Discussion was held, including concerning the upcoming steep hikes in water and sewer rates. Councilors in favor: Chernisky, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: King, Lazo, O'Brien, and Vandal. Vote passes.

Agenda Item #11. Vote to adopt the FY 2009 Water Enterprise Fund Budget of $3,249,640.00 to be raised from water rates and other departmental revenue. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: King, Lazo, O'Brien, and Vandal. Vote passes.

Agenda Item #12. Vote to adopt the FY 2009 Landfill Enterprise Fund Budget of $935,347.00 to be funded from landfill user charges and other departmental revenue. A motion was made by Councilor Livengood, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to re-authorize the "Leased Properties Revolving Fund" under the provisions of Massachusetts General Laws Chapter 44, Section 53E ½ 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 $100,000.00 per year. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to re-authorize the "Day Care Leased Properties Revolving Fund" under the provisions of Massachusetts General Laws Chapter 44, Section 53E ½ 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 $100,000.00 per year. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #15. Vote to re-authorize the "Southbridge Airport Leased Properties Revolving Fund" under the provisions of Massachusetts General Laws Chapter 44, Section 53E ½ 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 $50,000.00 per year. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #16. Vote to re-authorize the "Municipal Hearing Officer Revolving Fund" under the provisions of Massachusetts General Laws Chapter 44, Section 53E ½ 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 O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #17. Vote to transfer $195,000 from the Stabilization Fund to the General Fund to fund the final portion of the amortization amount under Chapter 475, Acts of 2004

2/3 Roll Call Vote Required

A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #18. Vote to ratify an Agreement with Meridian Associates in the amount of $20,500.00 to conduct a boundary retracement survey for portions of properties to be encumbered by the proposed location of the Industrial Park Access Road from Route 169 to Pleasant Street. To be funded through the FY 2008 Landfill Operating Budget. Councilor O'Brien made a motion to table this item until after the vote on Agenda Item #19, seconded by Councilor Chernisky. Vote by roll call, Councilors in favor of tabling this item: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote to table passes.

Agenda Item #19. Vote that $7,200,000.00 is appropriated for the construction of a new roadway to be known as Environmental Industrial Park Road from Worcester Street to Barefoot Road; that to meet this appropriation, the Treasurer, with the approval of the Town Manager, is authorized to borrow under Chapter 44 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes therefore.

2/3 Roll Call Vote Required

A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Discussion was held. Councilor O'Brien made a motion to table this item, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Lazo, McDonald, O'Brien, and Vandal. Councilors opposed: Chernisky, King, Livengood, Nikolla, and Regis. Motion to table fails.

Further discussion was held on this item. Councilor King made a motion to move the question, seconded by Councilor Chernisky. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, Regis. Councilors opposed: Lazo, Vandal. Vote to move the question passes.

Agenda Item #19 (as above). Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: O'Brien, and Vandal. Councilors abstaining: Lazo. Vote passes.

A motion to remove Agenda Item #18 from the table was made by Councilor O'Brien, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #18. Vote to ratify an Agreement with Meridian Associates in the amount of $20,500.00 to conduct a boundary retracement survey for portions of properties to be encumbered by the proposed location of the Industrial Park Access Road from Route 169 to Pleasant Street. To be funded through the FY 2008 Landfill Operating Budget. A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: O'Brien, Vandal. Councilors abstaining: Lazo. Vote passes.

Agenda Item #20. Vote to authorize the Town Manager to go out to bid on the construction of a new Roadway to be known as Environmental Industrial Park Road from Worcester Street to Pleasant Street. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Discussion was held. Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Councilors opposed: O'Brien and Vandal. Councilors abstaining: Lazo. Vote passes.

Agenda Item #21. Vote to authorize the Town Manager to execute the Side Letter to the Extension Agreement with Southbridge Recycling and Disposal Park, Inc. (SRD). A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item.

Councilor O'Brien stated he believed this item should be put off until the Board of Health reaches their decision on the site assignment for Casella. Councilor O'Brien made a motion to table this until after 6/13/08, seconded by Councilor Lazo. Vote to table, by roll call, Councilors in favor: Lazo, O'Brien, Vandal. Councilors opposed: Chernisky, King, Livengood, McDonald, Nikolla, and Regis. Vote fails.

Agenda Item #21 (as above). Vote by roll call, Councilors in favor: Chernisky, King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Councilors opposed: Lazo, Vandal. Vote passes.

Agenda Item #22. Councilors' forum

Councilor Lazo stated there was a citizens group that wanted to pay for a camera to be observing the flares at the landfill. Councilor Lazo stated he wanted discussion at DPW subcommittee to discuss this.

Councilor Lazo thanked the Town Manager for getting the letters out to solicit attorneys for the town, but he felt an RFP would be better. Mr. Healey asked to see what the letters yielded for the town.

Councilor Livengood stated inquiries had already been made to the town about obtaining industrial zoned land near the landfill, and people are being told there are no utilities up there.

Agenda Item #23. Discussion of the next meeting date. Councilor Lazo recommended 6/2/08, at 7 p.m., in the MacKinnon Council Chambers. This was seconded by Councilor King. Vote by show of hands, all in favor.

A motion to adjourn was made by Councilor King, seconded by Councilor Chernisky. The meeting adjourned at 11:22 p.m.

Respectfully submitted,

Max Gullekson Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, MAY 12, 2008

A meeting of the Southbridge Town Council was held on Monday, May 12, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:05 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors delayed/excused: Regis.

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

April 28, 2008 - Town Council Meeting. A motion was made by Councilor Lazo, seconded by Councilor King, to approve these minutes. Vote by show of hands, all in favor, Councilor O'Brien abstains.

April 30, 2008 - Councilor of the Whole meeting. A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to approve these minutes. Vote by show of hands, all in favor, Councilor King abstains.

Agenda Item #4. Subcommittee reports:

1. a. General Government. Councilor O'Brien discussed the minutes of the 4/29/08 meeting.
2. b. Department of Public Works. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
3. c. Education and Human Services. Councilor Nikolla stated there would be a meeting soon to talk about the Southbridge Softball Association lease.
4. d. Planning and Development. Councilor Livengood read the minutes of the 5/1/08 meeting.
5. e. Protection of Persons and Property. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
6. f. Town Manager. Councilor Chernisky stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements. Chairman McDonald had no announcements.

Agenda Item #6. Presentation of Draft Heritage Tourism Master Plan by UMass Grad Students. Peter Cumble from the Amherst campus of UMass introduced several students, who gave a presentation based on research which had been conducted in and concerning Southbridge. Mr. Cumble stated a written report would be available within two weeks.

Chairman McDonald called for a recess at 7:58 p.m. The meeting resumed at 8:13 p.m.

Councilor Regis arrived at 8:13 p.m.

At this point Acting Town Manager stated he wanted to defer Town Manager Announcements until after Citizens Forum and Agenda Item #10, and this was agreed to.

Agenda Item #7. Citizens' Forum

Sister Elizabeth Ann Seton Fitzgerald, of Village Drive, read a prepared statement (see attached).

A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to have the Commission of Disability fall under the purview of the Education and Human Services Subcommittee. Vote by show of hands, all in favor.

Dennis Martinek of Pine Ridge Road spoke about the proceedings at the Board of Health regarding the site assignment for the landfill. Mr. Martinek stated maybe a camera could be mounted at the site of the methane flare, so anyone could see at all times the flame was burning. Mr. Martinek asked why the question before the Board of Health was not a ballot issue.

Keesha Latulippe of 180 Dennison Lane stated she was concerned about leachate and the impact it would have on her children.

Warren Goddard stated the wastewater treatment plant was not designed to take leachate from a landfill, and that it could not remove metals from leachate. Mr. Goddard stated a spectrograph was the only way to determine heavy metals are in leachate.

Brenda Desmarais of Village Drive stated the odor from the wastewater treatment facility was currently unbearable, and more leachate would make it worse.

Lynne Simonds of Worcester Mass approached to speak. Councilor Lazo made a motion, seconded by Councilor O'Brien, to allow Ms. Simonds to speak. Vote by show of hands, all in favor.

Ms. Simonds asked about the economic cost of allowing this leachate deal to go forward, and said to not just focus on the financial gain.

Gabriel McCarthy stated the landfill was already here, and the Town needed to address this issue. Mr. McCarthy stated the United States was lagging behind Europe as far as dealing with landfills, and that landfills often presented an opportunity to generate revenues from recycling and producing energy. Mr. McCarthy stated just because people from Sturbridge come here to tell us no landfill, the Town of Southbridge should be looking carefully and making our own decisions on what we do.

Jennifer Erickson of 26 Mass Ave stated the access road from Worcester Street will ruin their home. Mrs. Erickson stated Casella has already practically constructed the road. Mrs. Erickson asked why the road was being rushed now. Councilor King stated this was put on the ballot in 2006, and had passed by about a 2 to 1 vote.

George Chenier of Pleasant Street stated he had lived for 25 years on Pleasant Street. Mr. Chenier stated the access road had been proposed in 1996, and the Town Council had never taken the initiative on this. Mr. Chenier stated the town already has a landfill, and it should be treated as a business. Mr. Chenier stated the site assignment before the Board of Health would be not an expansion but a reallocation of the current accepted materials. Mr. Chenier stated people are being misled by the rhetoric on this issue.

John Pulawski of Jennison Street stated there was a difference between the gases at the sewer plant and the gases at the landfill. Mr. Pulawski stated methane should be converted to methanol. Mr. Pulawski stated replacing construction debris-type waste with municipal solid waste will result in more heavy metals.

Anne Fenwick-Beinema of Dennison Hill Road quoted Massachusetts General Law regarding the Town's right to collect $1 a ton from landfill operators. Mrs. Beinema stated leachate from the landfill has 42 chemicals that are all bad. Mrs. Beinema stated the Board of Health should be free of any financial considerations in making their judgments. Mrs. Beinema stated the current operating contract is null and void as there is no existing site assignment.

A recess was held from 9:17 to 9:30 p.m.

After the recess Chairman McDonald called for agenda item #10 and stated the Council would get back to citizens forum later in the meeting.

Agenda Item #10. Vote that the Town of Southbridge appropriate the sum of nine hundred thousand dollars ($900,000) for the purpose of completing a feasibility study for the renovation/replacement of Southbridge High School, 25 Cole Avenue and the Wells Middle School, 82 Marcy Street, Southbridge, Massachusetts 01550, said sum to be expended under the direction of the School Building Committee, and to meet said appropriation authorize the Treasurer with the approval of the Town Manager, to borrow said sum under M.G.L. Chapter 44, or any other enabling authority, provided that the Town acknowledges that the Massachusetts School Building Authority's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and further provided that the amount of borrowing authorized pursuant to this motion shall be reduced by any amounts received or expected to be received from the MSBA.

Roll call vote required - 2/3 vote needed

A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. It was determined the Town's portion of this cost would ultimately be about $189,000. A discussion was held regarding this item, and the importance of acting quickly on this was iterated. Agenda Item #10. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to authorize the Town Manager to execute the Side Letter to the Extension Agreement with Southbridge Recycling and Disposal Park, Inc. (SRD).

Councilor King made a motion to table this item until the next Town Council meeting, seconded by Councilor O'Brien. Councilor O'Brien made another motion to table this item until such a time as the Board of Health renders a decision on the site assignment for the landfill operator, seconded by Councilor Lazo.

Vote by roll call, to table Agenda Item #9 until such a time as the Board of Health renders a decision on the site assignment for the landfill operator. Vote by roll call, Councilors in favor: Lazo, McDonald, O'Brien, and Vandal. Councilors opposed: Chernisky, King, Livengood, Nikolla, and Regis. Motion fails.

Vote by roll call to table Agenda Item #9 until the next Town Council meeting. Vote by roll call, Councilors in favor: King, Livengood, McDonald, Nikolla, O'Brien, and Regis. Councilors opposed: Chernisky, Lazo, and Vandal. Motion passes.

At this point Chairman McDonald called for a continuation of Citizens' Forum

Bob Checkosky of Janet Ave stated the claims of asthma incidences in Southbridge had been exaggerated by proponents of stopping the landfill. Mr. Checkosky stated there were better, cheaper ways to test for heavy metals in leachate other than a spectrograph, as had been claimed earlier. Mr. Checkosky stated Dr. Carpenter, the expert witness at the previous Board of Health site assignment hearing, had been wrong in calling PCBs volatile organic compounds. Mr. Checkosky stated any presence of these materials in MSW would be minimal. Mr. Checkosky stated no leachate would go the WWTP without being pretreated. Mr. Checkosky stated he didn't like people using scare tactics regarding the landfill site assignment, and that not everyone had been heard on this issue.

Mr. Healey asked when he would be able to present this Side Letter, and Chairman McDonald confirmed the vote which had taken place regarding this was a tabling for one week only, until the next Town Council meeting.

Jim Sottile of Pinedale Street stated the Town did not have enough money in the Enterprise Fund for post closure costs. Mr. Healey stated this was another reason to approve the new site assignment.

Agenda Item #11. Vote to confirm the Town Manager's appointment of Richard J. Ciesla, Jr. as the Emergency Management Director for the Town of Southbridge for an indefinite term. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #12. Vote to ratify the Engagement Letter with Melanson Heath & Company, PC for FY 2008 auditing services in the amount of $42,000.00. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to approve the Easement for Verizon New England Inc. and Massachusetts Electric Company in order to provide service and facilities to the Hillcrest Ave. Properties, LLC property at Lot 8 on a plan recorded with the Worcester District Registry of Deeds, Plan Book 863, Plan 94. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to ratify an agreement with CMG Environmental in an amount not to exceed $11,600.00 to address the contaminated site known as 252 Hamilton Street. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Councilor Lazo asked if the amount earned on the sale of this property would recoup this amount. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Mr. Healey stated the next several items would reduce the requirement for borrowing by about $228,000.

Agenda Item #15. Vote to transfer the sum of $4,541.05 from Project 6231, Election Voting Equipment (debt) to Project 6302 School Department Technology (debt) to reduce the amount to be borrowed.

Roll call vote required - 2/3 vote required

A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #16. Vote to transfer the sum of $113.63 from Project 6234 Toro Mower (debt) to Project 6302 School Department Technology (debt) to reduce the amount to be borrowed.

Roll Call vote required - 2/3 vote required

A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item.

Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #17. Vote to transfer the sum of $48,428.61 from Project 6297 Municipal & School Financial Management Software (debt) to Project 6302 School Department Technology (debt) to reduce the amount to be borrowed.

Roll Call vote required - 2/3 vote required

A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #18. Vote to appropriate and transfer the sum of $41,549.20 from Project 6522 Receipts Reserved - Sale of Real Estate to Project 6302 School Department Technology (debt) to reduce the amount to be borrowed.

Roll Call vote required - 2/3 vote required

A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #19. Vote to transfer the sum of $3,269.39 from Project 6237 Fire Department Ambulance (debt) to Project 6315 Fire Department Ambulance (05/07 debt) to reduce the amount to be borrowed.

Roll Call vote required - 2/3 vote required

A motion was made by Councilor Chernisky, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #20. Vote to transfer the sum of $41,767.56 from Project 6238 Purchase of Armory (debt) to Fund 330 (Combined DPW Facility debt) to reduce the amount to be borrowed.

Roll Call vote required - 2/3 vote required

A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #21. Vote to transfer the sum of $1000.07 from Fund 300 Police Station to Fund 330 Combined DPW Facility (debt) to reduce the amount to be borrowed.

Roll Call vote required - 2/3 vote required

A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #22. Vote to transfer the sum of $ .20 from Fund 310 School Construction to Fund 330 Combined DPW Facility (debt) to reduce the amount to be borrowed.

Roll Call vote required - 2/3 vote required

A motion was made by O'Brien, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood McDonald, O'Brien, Regis, and Vandal. Councilors opposed: Nikolla. Vote passes.

Agenda Item #23. Vote to transfer the sum of $ .44 from Fund 340 Day Care Center to Fund 330 Combined DPW Facility (debt) to reduce the amount to be borrowed.

Roll Call vote required - 2/3 vote required

A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Livengood, McDonald, O'Brien, Regis, and Vandal. Councilors opposed: Lazo, Nikolla. Councilors abstaining: King. Vote passes.

Agenda Item #24. Vote to transfer the sum of $86,917.14 from Fund 360 Water Filtration to Fund 390 Water Treatment Plant Improvements.

Roll Call vote required 2/3 vote required

A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #25. Vote to transfer the sum of $12,000.00 from Town Council Reserve Account 001.00132.5781 to Motor Vehicle Fuel & Lubricants Account 001.0190.5481.099.0737. A motion was made by Councilor Chernisky, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Councilor O'Brien asked how much was left in the Council Reserve, and Mr. Healey stated about $50,000 after this vote.

Agenda Item #26. Councilors forum

Councilor Vandal stated he wanted an update on the status of the Wastewater Treatment Plant and the 185 Guelphwood Road facility.

Councilor Lazo made a motion, seconded by Councilor O'Brien, to recommend the Town Manager go out to bid for a town attorney. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Councilor Regis stated she would be happy to respond to people who contacted her at her e-mail address of councilorregis@verizon.net, and she would respond.

Councilor O'Brien asked Mr. Healey to look into group insurance for town employees, as described by Albert Vecchia at a recent General Government Subcommittee.

Councilor King stated he would never put his own children at risk, as had been suggested earlier in the evening. Mr. King talked about ridiculous allegations being made in the paper. Mr. King stated the scare tactics needed to stop.

Agenda Item #27. Discussion of next meeting date. Councilor Lazo recommended 5/19/08. This was made a motion by Councilor King, seconded by Councilor Chernisky. Vote by show of hands, all in favor.

Councilor Chernisky made a motion to adjourn, seconded by Councilor O'Brien. The meeting adjourned at 10:56 p.m.

Respectfully submitted,

Max Gullekson Council Recording Clerk

TOWN COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, APRIL 30, 2008

A Council of the Whole meeting was held on Wednesday, April 30, 2008, in the Rice Conference Room. In attendance were Town Councilors and several Town department heads. Vice Chairman Lazo called the meeting to order at 7 p.m.

Roll Call. Councilors present: Chernisky, Lazo, Livengood, Nikolla, O'Brien, Vandal.

Councilor Lazo asked for discussion on the FY2009 budget.

Acting Town Manager Jack Healey stated the Town was looking at ways to apply the Landfill Enterprise Account to the Town's budget, to help offset some of the current financial strain.

Town Treasurer Melinda Ernst-Fournier stated with the vote to remove stipends for Town Councilors, this would also impact any Town Councilor or School Committee member who took the Town's dental or health insurance, and the Council needed to consider this impact. Mrs. Ernst-Fournier also stated the original vote on 4/9/07, as per the Town Charter, also granted the School Committee an equivalent stipend of $2,000 a year, but that a very specific vote was now required to remove the School Committee stipend. Mrs. Ernst-Fournier stated the vote from the previous night at General Government was only to remove the remaining $3,000 allotted for the yearly Massachusetts Municipal Association conference in Boston. Councilor Chernisky asked if the Town Council stipend was reduced to any number would councilors still be eligible for insurance, and Mrs. Ernst-Fournier said yes. Councilor Chernisky stated the MMA yearly conference was helpful to the town in that it trained Councilors in subjects such as open meeting laws, what constitutes an ethics violation, and many other areas, and that for a $3,000 allotment this was cheap. Councilor Chernisky stated the training was invaluable because most people elected to Town Council are laypeople and can benefit from this specific governmental training.

Councilor Nikolla said it was better to have the MMA money in the budget and monitor it closely, and to drop it to a realistic sum. Mr. Healey stated the $3,000 allotment was already half of last year's figure of $6,000. Councilor Lazo stated the Town should reinstate last year's amount of $6,000, and anything not used can be put back into the budget.

Councilor Nikolla made a motion to reduce the FY2009 proposed Town Council budget by $17,100, to reflect cutting the total Town Councilor stipend amount from $18,000 to $900. This motion was seconded by Councilor Livengood. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, Nikolla, and Vandal. Councilors opposed: O'Brien. Vote passes.

Councilor Livengood made a motion to increase the FY2009 proposed Town Council budget by $3,000, to reflect adding this amount for attendance at the yearly MMA conference, motion seconded by Councilor Chernisky. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, Nikolla, O'Brien, and Vandal. Vote passes.

Regarding the Town Manager's budget of $216,045, Councilor Lazo stated he would like to know how much of the revenue generated by the Assistant for Revenue Development was attributable to Kopelman and Paige, and any other expensed associated with selling town-owned assets.

Discussion was held regarding the proposed FY2009 Town Attorney budget. Councilor O'Brien stated the recommendation in General Government Subcommittee the previous night was to reduce this amount from $133,200 to $100,000. Discussion was held. Councilor Chernisky made a motion to recommend changing the proposed FY2009 Town Attorney budget amount to $120,000, seconded by Councilor Livengood. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, Nikolla, Vandal. Councilors opposed: O'Brien. Vote passes.

Regarding the Economic Development budget, Councilor Chernisky stated the Town needed an urban planner to carry out the urban renewal plan.

Discussion was held regarding the Cable TV Advisory Committee. Councilor Chernisky stated he was concerned that with a full time coordinator shows were being perceived as biased, and that if this were the case then perhaps an all volunteer cable access channel would be one way to lower the Town's liability for such programming. Mr. Healey stated he had asked for an opinion from Kopelman and Paige regarding accessing funds from the Cable operating account for other uses, and he had been told that the parameters for use of these funds were for educational, political, or governmental reasons, and he had asked department heads to look into their budgets for applicable charges. Mr. Healey stated the legal opinion was also that the Town Manager controlled these funds as to where they were applied for appropriate uses. Mr. Healey stated he had looked into previous paperwork and discovered that the prior Town Manager had a specific method by which the current cable access coordinator was to report his activities, and Mr. Healey wanted this method to continue. Mr. Healey stated the Cable Access Coordinator, like all town employees does have a boss. Mr. Healey stated he had sent today a letter to the Cable Access Coordinator informing him that he was to continue to adhere to the reporting directives which had been put in place by the prior town manager, and that he needed to gain approval of the Town Manager prior to engaging in any activities.

Bob Dupuis of the Cable Advisory Committee stated the purpose of the Cable Act is to ensure anyone can put any program on television. Councilor Chernisky stated he was concerned about activities being done by someone while they are an employee of the town. Mr. Dupuis stated a legal opinion was needed on this, and that he was not sure if the Cable Access Coordinator is a town employee. Mr. Healey stated he is a town employee. Councilor Lazo stated the current Cable Access Coordinator had taken the cable access channel from nothing to what it is today, and that he does a fabulous job, and he puts his time in, and this position should not be eliminated. Further discussion was held regarding working with young people, and the need to get specific permission in order to do this. Mr. Healey stated CORI checks needed to be done for anyone working with children, and there were potential liability issues. Councilor Lazo stated this program should be out of the town hall and in the schools.

Councilor Nikolla asked how many keys there were to the building. It was decided to look into redoing the keys for the town hall, as this had not been done in a long time. Police Chief Charette stated security of the building was currently impossible, but that each office had their own keys.

Mr. Dupuis invited everyone to come to the next Cable Advisory Committee meeting, on the third Wednesday of the month, at 7 p.m., outside of the cable studio.

It was described how the General Government Program Accounts had been reduced from $45,000 to $42,000, by saving $3,000 on auditing fees.

Councilor Chernisky made a motion to reduce the proposed FY2009 Town Council Reserve amount by $3,000 to reflect adding back $3,000 to the MMA conference account, for a total amount of $97,000. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, Nikolla, O'Brien, and Vandal. Vote passes.

Town Accountant Karen Harnois recommended adding $30,000 to the Southbridge Public Schools Unemployment Compensation proposed FY2009 budget amount, to better cover costs associated with school-side layoffs. Councilor O'Brien made a motion to increase the proposed FY2009 Southbridge Public Schools Unemployment Compensation amount to $140,000, seconded by Councilor Livengood. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, Nikolla, O'Brien, and Vandal. Vote passes.

Discussion was held regarding the Police budget. A motion was made to increase the total proposed amount of the FY2009 police budget by $57,838 as had been discussed in PPP Subcommittee, to account for adding one full time police officer back to the budget. This motion was made by Councilor Livengood, seconded by Councilor O'Brien. Vote by roll call, Councilors in favor: Lazo, Livengood, Nikolla, O'Brien, and Vandal. Councilors abstaining: Chernisky. Vote passes.

Discussion was held about the library having to close the Children's Section for 10 hours a week to accommodate budget cuts.

Discussion was held regarding the Enterprise Funds. Councilor Chernisky asked about the proposed pending increase in sewer of about 11%, the proposed pending increase in water of about 11%, and the proposed pending increase in water for the quarter after that of about 38%. Mr. Healey stated certified retained earnings needed to be about $500,000, and having it at zero was scary. Mrs. Ernst-Fournier stated regarding the water and sewer rates, projections were based on 100% payment of these bills, and there were currently 74 houses slated to be given shutoff orders for nonpayment. Councilor Chernisky asked if any of the leachate from the landfill was being taken to the town's wastewater treatment facility, and Mr. Healey stated no, this was being hauled to Grafton.

Mrs. Harnois told the Council she would provide an updated voting document to reflect the proposed changes in the original proposed FY2009 budget.

Councilor Chernisky asked for a best estimate on how much the property tax increase would be based on this proposed budget, and Principal Assessor Wilfrid Cournoyer stated about 8.15%.

A motion to adjourn was made by Councilor O'Brien, seconded by Councilor Livengood. Vote by show of hands, all in favor. The meeting adjourned at 8:28 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, APRIL 28, 2008

A meeting of the Southbridge Town Council was held on Monday, April 28, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 705 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal.

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

April 9, 2008 Council of the Whole. A motion was made by Councilor Lazo, seconded by Councilor Livengood, to approve these minutes. Councilor Regis stated on Page 4 in the second paragraph she wished to change the word "matching" to "State," and then in the last paragraph on that page regarding snow and ice, the minutes should state the following: "Councilor Regis asked about the projected snow and ice deficit and whether any of this deficit could be funded this year, and Mrs. Harnois stated some of the deficit this year could be funded." Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal.

April 14, 2008, Regular Town Council. A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to approve these minutes. Councilor Chernisky stated regarding Agenda Item #10, he had stated his reason for voting no on this item because he didn't want to restrict where the Fire Department could find the best possible candidate. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal.

April 16, 2008, Council of the Whole. A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Livengood, McDonald, and Nikolla. Councilors abstaining: King, Lazo, Regis, and Vandal. Vote does not pass.

Agenda Item #4. Subcommittee reports:

• General Government. Councilor O'Brien was not present at the meeting.
• Department of Public Works. Councilor Vandal read the minutes of the 4/27/08 meeting.
• Education and Human Services. Councilor Nikolla read the minutes of the 4/23/08 meeting. Councilor Nikolla stated the Council needed to approve the Council of the Whole meeting of 4/16/08, as approval for the school budget was contained in that meeting.
• Planning and Development. Councilor Livengood stated there was a meeting on 5/1/08 at 7 p.m. in the Rice Conference Room.
• Protection of Persons and Property. Councilor Lazo read the minutes of the 4/15/08 meeting, and then read the minutes of the 4/24/08 meeting.
• Town Manager. Councilor Chernisky stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements - Girl Scout Troop 30323

Chairman McDonald introduced Girl Scout Troop 30323, and recognized several of their members for helping make an emergency preparedness video about pets and what to do to prepare them for a natural disaster. ACO Kathy Shields described this video as teaching people how to get pets ready for evacuation. Ms. Shields stated the Girl Scouts also helped with the rabies clinic, and also with the dog obedience class at the Town Community Center.

Agenda Item #6. Town Manager Announcements.

Acting Town Manager Healey thanked everyone involved with the Earth Day cleanup.

Mr. Healey stated there were two remaining weeks for curbside pickup of yard waste, and that the Dresser Hill facility would now be open for the remainder of the summer.

Mr. Healey stated the Council of the Whole meeting of 4/30/08 was now going to be held in the Rice Conference Room.

Agenda Item #7. Citizens' Forum

No citizens wished to speak.

Agenda Item #8. Vote to confirm the Town Manager's appointment of William M. Hibbard as a permanent Police Lieutenant for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal.

Agenda Item #9. Vote to confirm the Town Manager's appointment of Gerald Arvelo as a Police Sergeant for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal.

Agenda Item #10. Vote to confirm the Town Manager's appointment of Steven Bellerose as a Police Sergeant for the Town of Southbridge for an indefinite term. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal.

Police Chief Charette thanked the Town Council and the Town Manager for getting these appointments through.

Agenda Item #11. Councilors' Forum

Councilor Livengood thanked everyone involved with the Earth Day cleanup.

Councilor Livengood urged all young people to think twice before getting into a car with someone who is going to drive drunk.

Councilor Nikolla thanked Police Chief Charette for acting as town manager the previous week.

Agenda Item #12. Discussion of the next meeting date. Councilor Lazo recommended 5/12/08. A motion was made by Councilor King, seconded by Councilor Chernisky, to make this the next meeting date. Vote by show of hands, all in favor.

Councilor Regis asked if the final budget votes could take place on 5/19/08, and everyone agreed.

A motion to adjourn was made by Councilor King, seconded by Councilor Chernisky. The meeting adjourned at 7:41 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL OF THE WHOLE MEETING, JOINT MEETING WITH SCHOOL DEPARTMENT TOWN OF SOUTHBRIDGE, WEDNESDAY, APRIL 16, 2008

A joint Council of the Whole and School Committee meeting was held on Wednesday, April 16, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7 p.m.

Roll Call. Councilors present: Chernisky, Livengood, McDonald, Nikolla, O'Brien, and Vandal. School Committee members present: Jovan, Digregorio, Lazo, Woodruff, Logan, and Prencipe.

School Superintendent Dr. Hanley stated the School side had been advised it needed to cut $1.4 million from their proposed budget. Dr. Hanley described that the Department of Education had advised that town that their main problem as far as their under-performing status was under-funding. Dr. Hanley stated the $1.4 million cut was going to be devastating to the schools, and would impact their improvement. Dr. Hanley stated 15 teachers, 1 administrator, and several support personnel would be among the cuts from the budget.

An extensive discussion was held regarding ways to lessen the impact of these budget cuts.

During the discussion, it was noted by the School Board that while having a policeman in the schools to help maintain order was a nice thing, if it was a question of funding the schools would prefer to use the money to get another teacher than to fund for a policeman to be in the schools.

Councilor O'Brien made a motion to recommend the full Council adopt the $20,397,085 school budget, seconded by Councilor Livengood. Vote by roll call, Councilors in favor: Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors abstaining: Chernisky. Vote passes.

Councilor O'Brien made a motion to recommend the full Council adopt the $1,950,025 school transportation budget, seconded by Councilor Vandal. Vote by roll call, Councilors in favor: Chernisky, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

A motion to adjourn was made by Councilor O'Brien, seconded by Councilor Chernisky. The meeting adjourned at 8:25 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, APRIL 14, 2008

A meeting of the Southbridge Town Council was held on Monday, April 14, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:06 p.m.

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

Agenda Item #2. Roll call. Councilors present: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors delayed: Chernisky.

Agenda Item #3. Consider and accept the minutes of the March 24, 2008 meeting. A motion was made by Councilor King, seconded by Councilor Lazo, to accept these minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee reports:

• General Government. Councilor O'Brien described the meeting of 4/1/08
• Department of Public Works. Councilor Vandal read the minutes of the 4/7/08 meeting.
• Education and Human Services. Councilor Nikolla stated a Council of the Whole meeting would be held on 4/16/08, in conjunction with the School Department.
• Planning and Development. Councilor Livengood read the minutes of the 4/3/08 meeting.
• Councilor Chernisky arrived at the meeting.
• Protection of Persons and Property. Councilor Lazo read the minutes of the 4/2/08 meeting, and stated a meeting was scheduled for 4/15/08.
• Town Manager. Councilor Chernisky stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements. Councilor McDonald had no announcements.

Agenda Item #6. Town Manager Announcements.

Interim Town Manager Healey stated curbside collection of leaves and yard waste was being held between 4/7 and 5/16/08.

Mr. Healey stated Earth Day was on 4/19/08, and there was a scheduled cleanup in Southbridge for this date. Mr. Healey stated an event was being organized on 4/19, between 8 and 12 noon, and it was a good event for families, with a group entertaining the crowd and free ice cream. Mr. Healey gave the contact number as 508-755-4604.

Agenda Item #7. Citizens' forum

Dennis Martinek of Pine Ridge Road read a statement regarding the landfill.

James Sottile of Pine Ridge Road read a statement regarding the landfill.

Andrew Gresenz of South Street stated he was looking for people with jeeps to participate in this year's Memorial Day parade, and to call him at 774-646-2900.

George Chenier of Pleasant Street stated regarding the airport, the FAA had just informed the Airport Commission that next year's funding would be about 75% less than this year. Mr. Chenier stated the hangar project was almost finished.

Mr. Chenier stated he was supporting the Board of Health approving the site assignment for the landfill operator, as it was a windfall for the town. Mr. Chenier stated in the past there had been a problem with birds from the landfill, but since Casella had taken over operation of the landfill this problem had been addressed and resolved. Mr. Chenier stated the resolution of this problem had met the approval of the FAA, and at this time there continued to be no problems with birds from the landfill.

Mr. Healey stated to date he had heard only from the opponents of the site assignment. Mr. Healey stated a negative vote on the site assignment would not eliminate the landfill operation. Mr. Healey stated the choice before the Board of Health at this time was between the bad current agreement and a better one. Mr. Healey stated he had been working hard to talk to everyone. Mr. Healey stated he wanted to make some type of public announcement, and would be asking the cable access coordinator for time to put this on the access channel. Mr. Healey stated he wanted to present both sides.

Kevin Buxton of Columbus Ave stated he wanted the town to reestablish a recycling committee in the town, and Mr. Healey stated he would look into this.

Larry Beinema of Dennison Hill Road stated he was an advocate of a single tax rate for residences and business, as an incentive to keep business in the community. He stated he wanted to encourage public/private cooperations between municipal government and industry, and any TIF must include a proviso for job creation. Mr. Beinema stated he favored a strong regional partnership between Southbridge, Sturbridge, and Charlton. Mr. Beinema stated he was concerned about side deals, as an example the spaced being rented at the airport for $1000 a month to Casella. Mr. Beinema stated there was a side deal in place for leachate removal and disposal from the landfill.

John Pulawski of Jennison Drive stated Mr. Healey was very respectful and willing to listen, and for that he was grateful. Mr. Pulawski stated because there was a discrepancy in what everyone thought the proposed enhanced landfill agreement was worth, the State auditor or the Attorney General or the Inspector General should come audit the deal.

Mr. Healey stated in short order he would be putting forth something to the Council and the community regarding the worth of the deal.

John Gatti of Briarwood Ave stated the town needed a finance committee, and since there wasn't one there needed to be formed an emergency citizens finance group.

Agenda Item #8. Vote to appoint Daniel R. Charette as Acting Town Manager for the Town of Southbridge for the period April 19 through 27, 2008. A motion was made by Councilor King, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to adopt the promotional guidelines (Standards) for the Southbridge Fire Department for the positions of Deputy Fire Chief, Captain, and Lieutenant as approved at the Protection of Persons and Property Subcommittee meeting of April 2, 2008. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to accept the recommendation that the Protection of Persons and Property Subcommittee made at their meeting of April 2, 2008 to recommend the full Council promote the next Fire Chief from within the department. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Discussion was held. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal. Councilors opposed: Chernisky, O'Brien. Vote passes.

Agenda Item #11. Vote to confirm the Town Manager's appointment of Richard Ciesla, Jr. as Fire Chief for a five year term to expire April 1, 2013.

Discussion was held Chairman McDonald stated the Town of Southbridge had a "strong chief" position, and as such the term of employment needed to be indefinite. Councilor Regis stated it was important that town officials have an employment contract. Councilor Lazo made a motion to amend this item to reflect an indefinite term, seconded by Councilor King. Vote to amend Agenda Item #11, by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky. Vote passes.

Agenda Item #11 (as amended) Vote to confirm the Town Manager's appointment of Richard Ciesla, Jr. as Fire Chief for the Town of Southbridge for an indefinite term. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Town Clerk Madaline Daoust swore in Chief Ciesla, and then the Fire Department Chaplain read a blessing. Chief Ciesla thanked his family, his friend Dan Charette, and his crew, and he thanked his late father and wished he was there to see this.

A recess was held between 8:14 and 8:29 p.m.

Agenda Item #12. Vote to ratify an Agreement with Charles H. Sells, Inc., to provide GIS flyover services for the Town in the amount of $87,695.00 funded by a Community Development Block Grant Program. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #13. Vote to ratify an Agreement with Dan Amorello Services, Inc. for street sweeper rental in the amount of $75 per hour. A motion was made by Councilor King, seconded by Councilor O'Brien, to vote this item. Councilor Chernisky asked if this could be put off in the interests of the budget, and Mr. Healey stated the streets needed to be swept. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to ratify Amendment Number Seven to the Agreement with Camp Dresser & McKee, Inc. for landfill technical oversight in the amount of $29,000.00. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #15. Vote to submit a request by Rinaldo Bernardone for a change in the zoning from Two-Family Residential to Multi-Family Residential along Hill Street and portions of Hamilton Street, Crescent Street, Oliver and Union Streets to the Planning Board for public comment. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Councilor Livengood stated it had come before subcommittee and is the only house in the neighborhood that isn't multi-unit. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #16. Vote to authorize the Town Manager to dispose of surplus Town property identified as follows:

Assessor's Department

Planning and Development Department

Chairman McDonald stated a list of these items was available at the Clerk's office. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #17. Councilors forum

Councilor King stated regarding the speaker Dennis Martinek, he agreed that Councilors should show respect to citizens, and that citizens should also show respect to Councilors. Councilor King stated 'Casella Lover' had been keyed into the paint of a Councilor's car, and the headlights had been broken out. Councilor King described the "gutless pig" who had sent him derogatory mail, with no return address. Councilor King asked for someone to show him one instance of vehicular homicide related to the operation of the landfill, as had been claimed. Councilor King stated there had been fear-mongering regarding the issue of the landfill. Councilor King stated claims that property values were dropping in Southbridge because of the landfill were false, and that this drop in value was similar in nature to that which was happening throughout America. Councilor King stated the landfill had already been in place for 30 or more years already, and none of these dire things had yet happened. Councilor King stated everyone wants to sensationalize the issue of this site assignment but no one wants to come up with a conclusion. Councilor King stated the idea of an imminent danger of bird flu was ridiculous. Councilor King stated his wife and children also enjoyed the hate mail they had received.

Councilor O'Brien stated tanker trucks were using South Street to gain access to Route 15, with excessive speeds.

Councilor O'Brien stated respect included not wagging one's head at a speaker when they address the Council. Councilor O'Brien stated there were a number of people who had devoted a great deal of time to responsibly pursue an issue where they have great concern, and to paint the whole group with a broad brush is also part of the same syndrome of failure to communicate.

Councilor Lazo stated he wanted the Town Manager to bring forward two other municipal law firms along with Kopelman and Paige, to allow the Council to look at some choices, and to look at the figures they charge. Councilor Lazo stated Attorney Giorgio says nothing at the Board of Health site assignment hearings, and there must be something he can ask on behalf of the town.

Councilor Vandal called Attorney Giorgio a bump on a log, and he agreed that the Town needed to look at different lawyers.

Councilor Nikolla thanked the people who had given their input regarding what a town manager should have in terms of qualities.

Councilor Livengood stated 4/19/08 was Earth Day, and he was calling it also Pride in Southbridge Day. He stated at 8 a.m. he was asking volunteers to come to the Town Common to participate, and if they couldn't come down to at least clean the area in front of their homes and clean on their own property. Councilor Livengood stated there was a tree dedication at 11 a.m. in front of the Baptist Church.

Agenda Item #18. Discussion of next meeting date. Councilor Lazo recommended 4/28/08, seconded by Councilor Chernisky. Vote by show of hands all in favor.

Agenda Item #19. Adjournment. Councilor King made a motion to adjourn, seconded by Councilor Lazo. Chairman McDonald adjourned the meeting at 8:46 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

COUNCIL OF THE WHOLE MEETING, TOWN OF SOUTHBRIDGE, WEDNESDAY, APRIL 9, 2008

A Council of the Whole meeting of the Southbridge Town Council was held on Wednesday, April 9, 2008, in the Robert MacKinnon Council Chambers.

Agenda Item #1. Chairman will call the meeting to order. Chairman McDonald called the meeting to order at 7:12 p.m.

Agenda Item #2. Roll Call. Councilors present: King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal. Councilors delayed: Chernisky. Councilors excused: O'Brien.

Agenda Item #3. Vote to appoint a Councilor to participate in meetings with Sturbridge.

Councilor Regis made a motion to grant the Chairman the power to appoint this Councilor, seconded by Councilor Livengood. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal. Motion passes.

Chairman McDonald appointed Councilor Livengood to participate in meetings with Sturbridge.

Agenda Item #4. Discussion of FY 2009 Budgets - we will work to get through as many of the department budgets as we can and then finish the reviews at the next Council of the Whole on April 16th.

Interim Town Manager Jack Healey read the budget summary at the beginning of the budget book, and described its meaning.

Mr. Healey talked about the history of the tax levy limits, and he referred to the excess capacity which had been left on the table in previous years and which he described as extremely bad fiscal policy. Mr. Healey stated this policy made it increasingly difficult for the town to meet its needs. Mr. Healey stated the Town had been told by the Department of Revenue that this was a bad policy. Mr. Healey stated the continued use of this policy would lead to wholesale cuts in services.

Mr. Healey stated he would read the budget book first, and then anywhere a councilor had a question they could say "hold," and they would go back to that question. Mr. Healey read the entire proposed budget.

Councilor Chernisky arrived at 7:27 p.m.

Mr. Healey stated Southbridge was the only community he had ever seen that had no health department but had an $88,500 a year cable TV department.

Mr. Healey finished the overview and the "holds" were reviewed.

Councilor Livengood stated he wanted to cut stipends and cut funding for the Massachusetts Municipal Association yearly meeting. Councilor King stated he wanted to look at all stipends rather than laying off a public safety employee. Discussion was held about making a motion. Councilor Chernisky stated he wanted the recording clerk function to be paid as compensatory time.

Mr. Healey clarified with everyone that the motion on the floor was to eliminate for FY 2009 the Council stipend and the funding for attendance at the MMA. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal. Vote passes.

The next hold discussed was the cable advisory committee. Mr. Healey stated most communities had trained volunteers. Councilor Nikolla stated she wanted this to go to subcommittee to think of ways to improve cable access. It was discussed that this money must be used for cable access purposes. Chairman McDonald referred this to General Government subcommittee.

Councilor Lazo said he had a problem with the $13,500 for assistant revenue development, and that the Town Manager should be doing this function. Chairman McDonald referred this item to General Government subcommittee.

The next hold was regarding data processing. Discussion was held. Councilor Regis stated she wanted to research the internet access coming out of the cable access account.

Councilor Regis asked about the need for in service training when the town was talking about laying people off. Councilor Regis asked if the town had a doctor, and the Town Treasurer stated Dr. Lebow was the town's contract physician.

Councilor Regis asked about salary adjustments, and Mrs. Harnois stated both the town hall clerical and the fire department contracts were up on 7/1/08. Councilor King asked how much this would increase the salaries, and Mrs. Harnois stated about $50,000 for the fire department and about $25,000 for the clerical unit.

Councilor Regis asked if the unemployment compensation amount was enough, with the pending layoffs. Mrs. Harnois stated the town was hoping it was enough. Councilor Regis stated she wanted to review this and get a better idea of who was getting laid off on the school side.

Councilor Regis asked if any of the debt service for FY09 was for new projects, and Mrs. Ernst-Fournier stated there were no new projects in FY09.

A recess was held between 8:25 and 8:36 p.m.

Councilor Lazo asked how many police positions were proposed to be cut. Chief Charette stated the proposed cuts included two police officers. Chief Charette stated these cuts would impact having a resource officer in the schools.

Councilor Regis asked if all the grants were used up that could pay for these officers, and Chief Charette stated for this particular funding the town could not use grant money. Councilor Regis asked who would take care of the clerical duties, and Chief Charette stated it would be spread between himself, the lieutenant, and another officer. Chief Charette stated one impact of cutting back on the number of police would be an increase in overtime.

Chairman McDonald stated he wanted all these issues sent back to subcommittee for discussion, then come back to the Council.

Councilor Regis asked who would do the extra work when the Animal Control Officer was cut to half time. Chief Charette stated the police would handle emergency calls, and he didn't know how the police would get through her regular duties, but they would work it through.

Councilor King asked what the salary was for a first year officer, and Chief Charette stated it was about $43,000. Councilor King stated he would rather see a police officer in the schools than to pay a stipend, and the town needed to zero out the stipend list. Councilor King stated he wanted the town manager to get a lawyer to look at the cable access account.

Councilor Nikolla stated if the Town Council voted to remove their stipend the School Committee would also lose their stipend, saving the town $32,000.

Councilor Nikolla stated with regard to the school budgets, in the past virtually all councilors came to that subcommittee meeting, but she believed the Council of the Whole meeting of 4/16 was specifically for school budget issues.

Councilor Regis asked about the Fire Department cuts, and Acting Chief Richard Ciesla stated two vacant positions would remain vacant. Councilor King asked how much a first year fireman receives for pay, and Chief Ciesla stated it was $42,622.

Councilor Chernisky stated with the cuts being made, he didn't feel the deputy chief spot should be filled at the Fire Department.

Councilor Lazo asked where the increase came from in the DPW, and DPW Director Ken Kalinowski stated it was for staff salaries.

Councilor Regis asked who was laid off in the proposed budget from the DPW, and Mr. Kalinowski stated it was a mechanic's helper who was also a heavy equipment operator. Councilor Regis asked how many current mechanics there were, and Mr. Kalinowski said there were two, with the part time help of the one being slated for layoff.

Councilor Regis asked the town manager to look into using Chapter 90 money to purchase DPW equipment.

Councilor Regis asked if the cuts in the library budget would allow the library to have the minimum amount required for matching funding, and Library Director James Patterson said yes.

Councilor Nikolla asked if the increase in the recreation budget had to do with Henry Street improvements. Councilor Nikolla stated she would be having subcommittee meetings to discuss the Bay Path budget and to discuss all the other areas of the Education and Human Services budget, such as recreation. She stated the Council of the Whole meeting on 4/16/08 would be a meeting with the School Department.

Councilor Chernisky stated Mr. Varin is doing a great job at the Armory, and asked if the senior rebate program could be used to do cleaning and maintenance at the Armory. Principal Assessor Wil Cournoyer stated the senior tax rebate program currently stood at around $177,000. Mr. Cournoyer stated the program had been increased in recent years by the Town Council, and had also been increased by the Town Manager. Mr. Cournoyer stated at some point the DOR would make the Town fund this account appropriately. Chief Charette stated the Armory would be a great place to do educational programs, and hence could use the cable budget for some of the funding. Chief Charette stated the Community Center at the Armory was currently making enough money to keep its doors open. Chief Charette stated with a little creative thinking the Community Center could be a viable building.

Councilor King stated he wanted whomever gets elected at the next election, the Council needs to move forward at a more rapid pace. Councilor King stated we needed to sell water to Charlton, and the Town needed to build revenues by building an access road to the industrial park. Councilor King asked any townsperson to call him about whether or not the town should tax to the levy limit. Councilor King stated the town shouldn't be held hostage by businesses threatening to move out without favorable tax status, and he said there should be a split tax rate for businesses and residences.

Councilor Regis asked about the projected snow and ice accounts, and whether any of this funding could be pushed into next year, and Mrs. Harnois stated some of the deficit this year could be pushed into next.

Mrs. Harnois stated tonight's discussion did not include the Enterprise Funds, which fall under the DPW Subcommittee.

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

The meeting adjourned at 9:20 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING, TOWN OF SOUTHBRIDGE, MONDAY, MARCH 24, 2008

A meeting of the Southbridge Town Council was held on Monday, March 24, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:01 p.m.

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

Agenda Item #2. Roll Call. Councilors present: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors absent: Chernisky.

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

March 3, 2008 - Council of the Whole. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to accept these minutes. Vote by show of hands, all in favor, Councilor King abstaining.

March 10, 2008. Regular meeting. A motion was made by Councilor King, seconded by Councilor O'Brien, to accept these minutes. Vote by show of hands, all in favor.

March 13, 2008 - Council of the Whole with Town Manager Search Committee. A motion was made by Councilor O'Brien, seconded by Councilor Nikolla, to accept these minutes. Vote by show of hands, all present in favor, with the following abstentions: Councilor King, Lazo, Livengood, and Regis. The motion doesn't carry.

Agenda Item #4. Subcommittee reports:

• General Government. Councilor O'Brien stated there would be a meeting next week to discuss the budget shortfall.
• Department of Public Works. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
• Education and Human Services. Councilor Nikolla read the minutes of the 3/11/08 meeting.
• Planning and Development. Councilor Livengood stated there was a meeting scheduled for 4/3/08 at 7 p.m. in the Rice Conference Room.
• Protection of Persons and Property. Councilor Lazo read the minutes of the 3/18/08 meeting.
• Town Manager. Councilor Chernisky was not present at the meeting.

Agenda Item #5. Chairman's announcements

Chairman McDonald had no announcements.

Agenda Item #6. Town Manager Announcements

Acting Town Manager Jack Healey stated curbside pickup for yard waste would begin on 4/7/08 and run until 5/16/08.

Mr. Healey stated he had prepared four memos for tonight's meeting, which are attached as Attachment #1, #2, #3, and #4. Briefly, these memos dealt with the following: The memo at attachment #1 deals with budget comparisons between FY 08 and FY 09, school expenditures, and the tax levy. The memo at attachment #2 deals with the Landfill Enterprise Fund. At attachment #3 is a memo that deals with the access road from Worcester Street. At attachment #4 is a memo that deals with filling the Fire Chief's position. A discussion was held on these issues.

Mr. Healey stated he hoped the Town Manager Search Committee could hand over a new Town Manager before too long.

Agenda Item #7. Citizens' Forum

James Sottile of Pinedale Street read a statement regarding the negative impact of the Town Landfill, and specifically the damage inherent in the enhanced agreement. Mr. Sottile stated he had been named an intervener and he encouraged other people to be at the Board of Health meeting on 3/27.

Kevin Buxton of Columbus Ave asked about the budget in future years. Mr. Healey stated without revenues the towns in Massachusetts were all faced with an endless spiral down in quality of life issues. Mr. Healey stated regarding the landfill, there were many ways to manage this correctly to avoid any negative environmental consequences. Mr. Healey stated Mr. Buxton was right about having communities using the landfill promote recycling. Mr. Buxton stated if the town raised taxes to the levy cap this would have, in conjunction with raising the valuations, a large impact.

Mr. Buxton asked if in the face of the current fiscal situation, the Southbridge Redevelopment Authority was going to back off its call for a $20 million downtown revitalization, particularly when a few thousand dollars on a cleanup would get a good effect.

Mr. Buxton stated he wanted the Town Council to resolve to make building a new school the top priority for the town.

Javier Melendez of Mechanic Street spoke out against the landfill.

Chairman McDonald called for a recess at 8:05 p.m. The meeting resumed at 8:17 p.m.

Agenda Item #8. Vote to ratify the Agreement with Groux & Associates in the amount of $9000.00 to provide services to the Council in connection with the recruitment and selection of a Town Manager.

Councilor O'Brien made a motion to amend the language of this item by striking the word "Council and replacing it with the words "Town Manager Search Committee." This motion was seconded by Councilor Lazo. Vote to amend Agenda Item #8, by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Agenda Item #8 (as amended). Vote to ratify the Agreement with Groux & Associates in the amount of $9000.00 to provide services to the Town Manager Search Committee in connection with the recruitment and selection of a Town Manager. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item as amended. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote that the following specific charges be given to the Town Manager Search Committee:

1. Become familiar with the role, responsibility and authority of the position of Town Manager as defined in the Southbridge Home Rule Charter.

2. With the assistance of the consultant consider, in confidence, applications and resumes submitted for the position; compare the experience and qualifications listed in the Town Charter and as further established by the Town Council for the position.

3. Advise the Town Council on candidates deemed most suitable for consideration beyond initial interviews by the Screening Committee.

4. Treat all applications in confidence; and not divulge the identity or resume information on any applicants during and following the selection process. Committee is not authorized to conduct reference or background checks on candidates.

5. Respect that the Town Council is body ultimately responsible for selecting and appointing a Town Manager.

6. Recognize that the consultant has been engaged by the Council and is expected to make direct recommendation(s) to the Board on candidates that may differ from the recommendations of the Committee if deemed appropriate.

Councilor O'Brien made a motion to amend Agenda Item #9 by changing paragraph #2 by striking all the words after "Town Charter…" (and as further…. ), and also by striking in its entirety paragraph #6. This motion was seconded by Councilor Lazo. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote to amend passes.

Agenda Item #9 (as amended). Vote that the following specific charges be given to the Town Manager Search Committee:

1. Become familiar with the role, responsibility and authority of the position of Town Manager as defined in the Southbridge Home Rule Charter.

2. With the assistance of the consultant consider, in confidence, applications and resumes submitted for the position; compare the experience and qualifications listed in the Town Charter.

3. Advise the Town Council on candidates deemed most suitable for consideration beyond initial interviews by the Screening Committee.

4. Treat all applications in confidence; and not divulge the identity or resume information on any applicants during and following the selection process. Committee is not authorized to conduct reference or background checks on candidates.

5. Respect that the Town Council is body ultimately responsible for selecting and appointing a Town Manager.

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to transfer the sum of $1,000.00 from Special Appropriation Festivals and Celebrations Account 003.0589.5899.0.9066 to Economic Development Specialized Services Account 001.0180.5300 for the U-Mass Eco-Heritage Tourism Study and Plan.

A motion was made by Councilor O'Brien, seconded by Councilor Livengood, to vote this item. Discussion was held.

Agenda Item #10. Vote by roll call, Councilors in favor: Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal. Councilors opposed: King and O'Brien. Motion passes.

Agenda Item #11. A motion was made by Councilor O'Brien Vote to authorize the expenditure of $84,439 for computer upgrades at the Fire Station relating to EMS services and the Fire Dispatch system. , seconded by Councilor Lazo, to vote this item. Discussion was held how this would bring the fire department into the 21st century from the 19th century with the addition of this computer upgrade. Councilor Regis stated the vote should contain authorization from the Town Council.

A motion was made by Councilor Regis to amend Agenda Item #11 to include the following sentence at the end… "and to authorize a transfer from the Fire Department Personnel Account to the Fire Department Capital Outlay account. Vote to amend, by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #11 (as amended). Vote to authorize the expenditure of $84,439 for computer upgrades at the Fire Station relating to EMS services and the Fire Dispatch system, and to authorize a transfer from the Fire Department Personnel Account to the Fire Department Capital Outlay account. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #12. Vote to direct the Town Manager to have a needs assessment of the Fire Department. Discussion was held. Councilor King stated there was currently a well qualified candidate within the department and as such the study was a waste of time and money, particularly in light of the current fiscal situation. Councilor Lazo made a motion to table this item, seconded by Councilor Regis. Vote to table by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, O'Brien, Regis, and Vandal. Councilors opposed: Nikolla. Vote passes.

Agenda Item #13. Councilors forum

Councilor Livengood stated a new business was open at the old Cannery at 12 Crane Street, which was a microbrewery.

Councilor Livengood stated the town would be having a cleanup on 4/19/08, with participation from the Trail Committee, Casella, and several others. Councilor Livengood stated any help from anyone was appreciated at this Earth Day activity.

Councilor Livengood stated the Town Council should eliminate their stipend to help in these tough budget times.

Councilor Lazo asked if the Town could begin street sweeping, as he was worried about sand going into gutters. Mr. Healey stated the work had begun. Mr. Healey stated repairs were being done on a sweeper as well, using the Enterprise Fund. Mr. Healey stated a request would be made for this transfer to fix this sweeper.

Councilor Regis said she looked forward to working with the Town Manager on this budget. She stated it wouldn't be easy, and she hoped everyone can work together to come up with some solid recommendations for the finance team and the Town Manager.

Councilor O'Brien echoed this thought, and stated it was refreshing to be invited into the budget at the formative stage.

Councilor King stated with the coming local election in June he hoped to have at least one and hopefully two or three debates from candidates for Town boards, and he hoped the local paper would facilitate this again.

Agenda Item #14. Discussion of the next meeting date. Councilor Lazo recommended 4/14/08 at 7 p.m. in the MacKinnon Council Chambers, seconded by Councilor Regis. Vote by show of hands, all in favor.

Agenda Item #15. Vote to enter Executive Session to discuss strategy with respect to litigation and to return to open session for the purpose of adjournment only. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

The meeting entered Executive Session at 8:44 p.m.

The meeting return from executive session at 9 p.m.

Motion to adjourn was made by Councilor Regis, seconded by Councilor Nikolla. Vote by show of hands, all in favor. The meeting adjourned at 9 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

COUNCIL OF THE WHOLE MEETING,
TOWN OF SOUTHBRIDGE,
THURSDAY, MARCH 13, 2008

A joint meeting of the Council of the Whole and the Town Manager Search Committee was held on Thursday, March 13, 2008, in the Rice Conference Room.

Agenda #1. Chairman will call the meeting to order. Chairman McDonald called the meeting to order at 7:05 p.m.

Agenda Item #2. Roll call:

Town Council, Councilors present: McDonald, Nikolla, and O'Brien. Councilors not present: Chernisky, King, Lazo, Livengood, Regis, and Vandal. (Councilor Regis met with Mr. Groux prior to the meeting).

Town Manager Search Committee, members present: Councilor O'Brien, Mrs. Gregoire-Lefebvre, Mrs. Petrelli. Members not present: Councilor Regis, Attorney Caprera.

As there was no quorum of the Town Council this meeting was thereby adjourned, and a discussion took place.

Agenda Item #3. Discussion with consultant as to what the Council and Search Committee are looking for in the next Town Manager.

Thomas Groux, the Town's consultant for finding the next Town Manager, stated he was looking for input from the Town Council and Town department heads regarding the next town manager.

Mr. Groux provided a sample of an ad posting from the Town of Wellesley he had recently done. Mr. Groux stated he uses the Massachusetts Municipal Association (MMA) Beacon as a publication to place an ad, and he stated the Beacon has a website as well which was continually updated. Mr. Groux stated he also places an ad in the International City Manager's Association newsletter (he stated he found this to be the most effective resource for advertising for this position). Mr. Groux stated the ICMA newsletter also had a continuously updated website. Mr. Groux stated unless there was a Charter or other requirement to advertise in a newspaper, then it was a generally ineffective way to find a town manager, and a local paper was a better choice if a newspaper ad was desired.

Mr. Groux asked to know if the Council would accept municipal experience only, or would a business background be okay.

Mr. Groux stated it was a provision in his proposal that if the person hired doesn't stay for six months then he would do the search over again, without fee, only with expenses. Mr. Groux stated because of this he reserved the right to recommend candidates that the search committee may not recommend, or disapprove of candidates approved by the search committee. Mr. Groux stated in his experience this has only happened to him twice.

Mr. Groux distributed a draft timeline (see attached).

Mr. Groux provided his website (trgoux@comcast.net), and asked for communication from Town Councilors and department heads about what they think concerning the next town manager.

Mr. Groux stated once the point was reached where a certain number of candidates has been identified, then at this point a certain number are brought to the full Council. Mr. Groux stated at this point he would contact the final candidates, and look for a letter of confirmation of interest back from them. Mr. Groux stated to protect the candidates their resumes would be kept in a lockbox , with no copies made.

Chairman McDonald stated he wanted to see the accomplishments of candidates, specific things they've done, and how they have moved the community forward while they were there, and Mr. Groux stated he could build into the ad that resumes should reflect accomplishments. Chairman McDonald stated the Town had many projects that had been on the back burner for a long time, and he wanted a candidate who is a doer.

Councilor Nikolla stated she wanted a candidate who had a balance of strengths. She stated the last couple of candidates had strength in single areas. She stated she wanted a communicator who was accessible to the public. She stated she wanted someone who could move along the many Town projects going on right now, someone with contract experience. Councilor Nikolla stated she wanted someone with a strong interest in and who is supportive of education, in particular in the financing of a new school building. Councilor Nikolla stated she wanted someone who could recognize their position as not that far removed from the School Superintendent. Councilor Nikolla stated she wanted someone who could address the needs of the young people in town.

Mr. Groux stated he would need to know the compensation range soon, as this would be an early question of any candidate. Mr. Groux stated he needed a range, not now but soon.

Mrs. Gregoire-Lefebvre stated she wanted someone who was a good communicator, someone to attend community functions, and someone who can take constructive criticism. She stated she wanted someone with new ideas. Mr. Gregoire-Lefebvre stated she wanted someone who has experience in the specific things that are going on in our town. She stated she wanted someone who could come up with different ways to attract new business.

Councilor McDonald stated the Town Charter calls for the Town Manager to be an ombudsman for the Town Council.

Councilor Nikolla asked if a blueprint for the required qualifications could be assembled, and Mr. Groux stated he usually created a folder, which outlined the qualifications and desired attributes.

Mrs. Petrelli stated her priorities as follows: The candidate must be honest and have integrity. The candidate needs education and experience. The candidate must be affable and be good with people. The candidate needed to be well versed financially.

Holly Christo of the EHS Subcommittee and citizen of Southbridge stated she hoped to have someone who could be a consensus builder, based on the past history of conflict between the Town Manager and the Town Council. Mr. Groux stated it would be part of his search that the candidate understands the role of Southbridge Town Manager with the Town Council.

Councilor O'Brien stated he wanted an ad to be ready in five days, to be in time for submittal to the Beacon for their next publication. Councilor O'Brien stated he hoped to move closer to a 90 day timeframe for finding a Town Manager, and this step might save the Town some time. Councilor Nikolla, Mrs. Petrelli, and Chairman McDonald all agreed that this should move forward quickly to gain this submittal in the Beacon. Mr. Groux stated the web page could be tweaked later, and Mr. Healey stated this would allow the initial ad to be a little more generic, with wording to the effect of "please see the website for detailed information."

Mr. Healey asked to be authorized to work with Mr. Groux to construct a simple ad for the upcoming MMA Beacon periodical.

Mr. Groux stated he had an idea of the Town's history, and he hoped to bring in good candidates.

Councilor O'Brien stated he hoped for someone more local, as in within Massachusetts or the local area. Councilor O'Brien described Attorney Caprera's terminology in describing the candidate, as someone who is mayoral in nature in that he is close to the people of the community. He stated the candidate needed good judgment, with a deference to expertise ahead of ego, and someone who is a good arbitrator. Mr. Groux asked Councilor O'Brien what defined local, and Councilor O'Brien stated someone who was aware enough of Southbridge to know what is needed.

Mr. Healey stated a criteria could be someone who is willing to commit and put down roots, and if it came down to two candidates then this criteria could be considered. Mr. Groux stated the Town Charter did not make this a requirement, that is, town residency, and this criteria could be used if all other things are equal, in this particular search, and to establish this criteria this wording could be used.

Mr. Groux stated anyone who didn't come to tonight's meeting was welcome to call him, or e-mail him at tgroux@comcast.net.

The discussion adjourned at 8:04 p.m.

Max Gullekson
mg/3-15-2008
Council of the Whole meeting

TOWN COUNCIL OF THE WHOLE MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, MARCH 3, 2008

A Town Council of the Whole meeting was held on Monday, March 3, 2008, in the Robert MacKinnon Council Chambers.

Agenda Item #1. Chairman will call the meeting to order. Chairman McDonald called the meeting to order at 7:05 p.m. Chairman McDonald stated the meeting had opened in the Rice Conference Room at 7 p.m., and have been moved to the Council Chambers.

Agenda Item #2. Roll Call. Councilors present: Livengood, McDonald, Nikolla, O?Brien, and Vandal. (Councilor Lazo arrived at 7:12 p.m.) (Councilor Regis arrived at 8 p.m.).

Interim Town Manager Jack Healey stated there would be financial repercussions if the Town attempted to stop this contact, and he wanted to point these out. Mr. Healey stated the Board of Health was currently tasked to attend this issue, and were capable of applying conditions to any permitting granted. Mr. Healey gave a handout that pointed out the financial benefits of the enhanced contract (see attachment #1).

Mr. Healey described how all the towns in the State were dealing with rapidly disappearing revenues. Mr. Healey stated the State has less and less money, and the country is entering into a recession. Mr. Healey stated there would be lots of pressures on limited recourses, and the town would have to either lay people off and reduce town services, or would have to find new revenue sources. He stated the town also had to be good stewards of Town?s finances, and at the same time meet the needs of the community.

Chairman McDonald asked Attorney John Giorgio of the Town?s law firm Kopelman and Paige what his role was in the current negotiations. Attorney Giorgio gave a brief history of the contract?s life. Attorney Giorgio stated about three years ago he had met with the then Town Manager and the Town Council, and he was appointed to deal with issues with the landfill, specifically to have more monitoring of the landfill. Attorney Giorgio stated at that time it became clear that the existing contract was not a good one for the town, and among other things would leave the town with an unfounded liability at the end of the landfill operations, specifically, the post closure costs associated with the end of life of a landfill. Attorney Giorgio stated the Town Council had given the directive to negotiate a new contract, which had taken about a year and which had included Attorney Giorgio, then Town Manager Carlisle, Bruce Haskell of Camp, Dresser, and McGee, the Town?s finance director, and the landfill monitor. Attorney Giorgio described these as difficult negotiations, but in February of 2007 the negotiations were done and the Town Council was presented with the result. Attorney Giorgio stated he had recommended public hearings on this proposed enhanced agreement, which had been carried out. Attorney Giorgio stated at that time the Town Council had offered suggestions regarding the proposed enhanced agreement, and these have been taken back to the landfill operator and further concessions had been gained for the Town. Attorney Giorgio stated in May of 2007 the final vote went before the Town Council, where it was approved, and the Town Manager then signed it.

Attorney Giorgio stated the proposed extension agreement won?t take effect until three required approvals are obtained by the landfill operator. Attorney Giorgio stated the first of these approvals had been granted last October, and was approval by the Secretary of Environmental Affairs, who declared Casella had complied with the Massachusetts Environmental Policy Act. Attorney Giorgio stated the second approval is currently being sought, which is the Board of Health modification of the site assignment. Attorney Giorgio stated the third required approval prior to acceptance involved the Department of Environmental Protection, and was incumbent on the site assignment approval by the Board of Health.

Attorney Giorgio stated in November Casella had filed an application for a minor site assignment. Attorney Giorgio explained that a major site assignment is the designation if the landfill planned to expand its boundaries, but this site assignment application being applied for did not include boundary expansion. Attorney Giorgio described the changes desired by Casella, which included more Municipal Solid Waste and less Construction Debris as the amount of tonnage accepted. Attorney Giorgio stated the public hearings for the Board of Health had commenced in late January, and in that hearing the Board of Health had hired their own attorney, and an independent hearing officer, which they must do. Attorney Giorgio stated he had been asked by the previous town manager to represent the interests of the town. Attorney Giorgio stated the Town of Charlton had been named an intervener, as had Mr. Gatti and Mr. Beinema, as well as the Southbridge Airport, as an abutter to the property.

Attorney Giorgio stated he felt the Board of Health was well prepared, and was working hard on this issue. Attorney Giorgio stated he felt the Board of Health would come up with a very precise set of conditions on any approval of this site assignment. Attorney Giorgio stated the hearings were now on hiatus, as it had been discovered that a small area of Sturbridge was within a half mile of the landfill border, and as such the Sturbridge Board of Health has to be notified. Attorney Giorgio stated in light of this the landfill operator decided to withdraw their application and start the process over, with a refiling of all the paperwork, etc. Attorney Giorgio stated rather than repeat the testimony of the 5 or 6 meetings so far had, the transcript would be provided to everyone, as well as the opportunity to cross examine. Attorney Giorgio stated if Sturbridge decides to participate then they will probably be at the hearings. Attorney Giorgio stated as a matter of disclosure that Kopelman and Paige also works for Sturbridge, and when this was discovered Kopelman and Paige had provided a letter for consent to representation. Attorney Giorgio stated his guess that there would be two or three more hearings after the 3/27/08 hearing, after which the hearing will be closed and the Board of Health will deliberate on the findings, probably for several nights, and then a draft decision will be prepared, and ultimately if approved then the decision can be made final and public. At this point the final approval can be pursued with the DEP. Attorney Giorgio stated the goal is to have the new enhanced agreement in place by January of 2009, at which time the financial benefit to the town will begin.

Chairman McDonald asked who defended the lay people in these hearings. Attorney Giorgio stated the public hearings give everyone the opportunity to ask questions, and if people are too afraid to ask they can write their concerns and submit them, and have them be part of the permanent record.

Attorney Giorgio stated at this point, until he receives further direction, he sees his role as making sure the town is protected.

Councilor Vandal asked if Attorney Giorgio says people are encouraged to participate in the hearing, then why did he try to prevent Mr. Beinema and Mr. Gatti from participating in the meeting? Attorney Giorgio stated he had never posed an objection to Mr. Beinema being an intervener, as he had done it the right way be forming a 10 citizen group. As per Mr. Gatti, Attorney Giorgio stated he did not feel Mr. Gatti had met the requirements as a party to the proceeding, and that while he had no objection to Mr. Gatti being a participant, he did not believe Mr. Gatti rose to the level of intervener. Attorney Giorgio stated ultimately the hearing officer overruled his objection, and he had been treating Mr. Gatti as an intervener since being overruled. Councilor Vandal stated at the meetings Attorney Giorgio had sat like a bump on a log. Attorney Giorgio stated what is misunderstood is that everyone has to wait their turn to speak at these hearings. Attorney Giorgio stated all the costs of council and stenographer are paid for by the applicant. Councilor Vandal asked if the Town was paying for Attorney Giorgio, and he said yes.

Councilor Lazo stated Mr. Gatti, as a taxpayer, is paying Attorney Giorgio to represent the Town, and as such he should have been allowed to participate. Attorney Giorgio stated there is a difference between an intervener and a participant, and there is a process that must be followed.

Councilor Nikolla asked about the modification to the contract. Attorney Giorgio stated with the initial proposal for an enhanced agreement, Casella laid out the two parts they were applying for, and had now determined to apply for both modifications at the same time, hence the two different applications before the Board of Health.

Councilor O?Brien stated he was confused about the ruling by Attorney Kaplan to not allow evidence or data from other communities that have dealt with this operator. Attorney Giorgio stated he wished Attorney Kaplan were here to answer this. Attorney Giorgio stated he believed this might have been in the context of Mr. Beinema cross examining the witnesses, and he believed the landfill operator objected as it wasn?t a comparable circumstance to what is happening here, and Attorney Kaplan agreed, and at least on that point she did not allow this into evidence.

Councilor O?Brien thanked Mr. Beinema and Mr. Gatti for their work, and for raising public consciousness about the issues surrounding the landfill. Councilor O?Brien stated the Board of Health is an independent and non elected body, and the Town Council are the arbiters. Councilor O?Brien stated if the Town Council didn?t have a role in this hearing then they shouldn?t even be here.

Councilor O?Brien stated he was giving proper and appropriate notice to rescind the vote taken on 5/21/07. Please see attachment #2 for the notice provided. Councilor O?Brien stated the Southbridge Town Council had an appropriate role in representing the voice of the people in this ongoing process, and he asked any citizen to contact their councilor to support this motion.

Councilor Livengood asked what would be the legal and financial costs to the town to rescind the vote. Attorney Giorgio stated there would arise significant legal issues, and he would feel more comfortable advising the Council in Executive Session at the appropriate time, so he can speak candidly and freely. Attorney Giorgio stated that a vote on this would affect the value of a town asset, and no more public discussion of this was advisable at this point. Attorney Giorgio stated the original agreement was authorized by the Town Council and executed by the Town Manager.

A recess was held between 7:58 and 8:10 p.m.

Chairman McDonald asked if any of the public assembled wanted to comment.

Larry Beinema of Southbridge stated he was a party or representer of a ten-party group. Mr. Beinema read a statement regarding the landfill (see attachment #3).

Donald Croke of Harding Court stated Casella is a business, and will be a good steward for Southbridge only if they are forced to be. Mr. Croke stated this project is similar to the Love Canal situation in New York. Mr. Croke stated he didn?t think the cover would survive that long. Mr. Croke stated if the Town didn?t have current fiscal problems then this discussion wouldn?t be happening. Mr. Croke stated if this was a case of dollars versus health he was against it.

Ann Beinema of Southbridge read a statement (see attachment #4). Mr. Beinema described the increase of certain cancer that occurs because of the burning of methane.

Kevin Buxton of Elm Street asked Attorney Giorgio if the town had received the most it could from this deal, and Attorney Giorgio described the degree of effort in acquiring for the town financial and environmental benefits. Attorney Giorgio stated the town pushed hard, but the ultimate proposed agreement represented a compromise. Mr. Buxton stated a landfill oversight subcommittee would be helpful right now.

Ed Bergeron Jr. of Southbridge stated the curbside pickup was not free at all, as described. Mr. Bergeron stated Casella has been given free use of the Town?s sewer. Attorney Giorgio stated currently Casella is trucking leachate to other sites. Mr. Bergeron stated the landfill will close in 13 years. Attorney Giorgio stated Casella is contractually obligated to provide 20 years of trash pickup.

Attorney Giorgio stated the only thing that has happened thus far with the site assignment is that the applicant has presented their case. Attorney Giorgio stated so far everyone except Mr. Gatti and the Town of Sturbridge have had their chance to cross examine. Attorney Giorgio stated at this point the process was only about halfway through. Attorney Giorgio stated if people had something to say he encouraged them to contact the Board of Health to participate.

Councilor Vandal asked if the $9.6 million expansion of the Wastewater Treatment Plan was in any way associated with the landfill expansion. Attorney Giorgio stated the enhanced agreement allowed Casella to dispose of pretreated landfill leachate.

Councilor Vandal asked about Joanne Shatkin attending the Board of Health hearings, and Attorney Giorgio stated he believed her area of expertise is air quality, and he believed the Board of Health would have their own expert on this, sponsored by Attorney Scott.

Councilor Vandal asked about the 50% failure rate on trucks inspected at the landfill recently, and what could the town do to prevent this rate of failure in the future. Mr. Healey stated the Board of Health was free to place this as a condition of any site assignment, to increase the level of monitoring.

Councilor Vandal stated Anna Smith needs to have her job looked at.

A recess was held between 9:05 p.m. and 9:18 p.m.

Kevin Buxton of Southbridge stated he wanted more monitors at the landfill.

Attorney Giorgio stated at the next public hearing he would request that a certain date and time period be set aside for those who want to merely make public statements.

A motion to adjour n was made by Councilor O?Brien, seconded by Councilor Regis. The meeting stood adjourned at 9:28 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk
Council of the Whole meeting

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, FEBRUARY 25, 2008

A meeting of the Southbridge Town Council was held on Monday, February 25, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:06 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors excused: Regis.

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

February 7, 2008 - Council of the Whole. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, all in favor.

February 11, 2008 - Regular Meeting. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote these minutes. Councilor Chernisky made a correction to the minutes, stating on page 5, Agenda #13, the minutes don't show what other changes to the contract were made, and what the changes were. He stated also that in the meeting it was clarified that the chiefs would get what their union employees got in terms of vacation days a year. Vote by show of hands to accept these minutes with the above-mentioned changes, all in favor, Councilor King abstaining.

February 14, 2008 - Council of the Whole. A motion was made by Councilor O'Brien, seconded by Councilor Lazo. Vote by show of hands, all in favor, Councilor King abstaining.

At this point Chairman McDonald asked someone to motion that Agenda Item #9 become Agenda item #3a, and be dealt with now. Councilor Lazo made a motion, seconded by Councilor Chernisky. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #3a (Agenda Item #9). Vote to authorize the Town Manager to proceed with the procurement process for repairing the Southbridge High School Library and that $625,119.00 is appropriated for repairing the Southbridge High School Library; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $625,119.00 under Chapter 44 of the General Laws; and that the Town Manager is authorized to take any other action necessary to carry out this project.

2/3 Roll Call Vote Required

School Superintendent Dr. Hanley described how for the past four months the special building committee has worked on this issue. Dr. Hanley described the new space the school has, which can house 25 kids at a time. Dr. Hanley stated she was looking to house the kids for 3 to 5 years, as any new building to be constructed will take this long. Dr. Hanley described how the school had lost two classrooms above the media center as well. Dr. Hanley described how an emergency waiver acquired had saved the town a lot of time in dealing with this issue, and a plan had been formulated.

My-Ron Hatchett of the engineering firm Reinhardt and Associates of Agawam, Mass. spoke next. Mr. Hatchett described how the bottom of the structure had dropped about 5 inches in the past few years, and the east wall of the structure had bowed out about 5 inches, and the north and south walls were no longer connected. Mr. Hatchett described how the soil beneath the structure was being compressed as well, and the soil on the hill by the building was starting to slide down the hill. Mr. Hatchett stated the recommendation of Reinhardt Associates to remove the eastern half of the building, and he stated the western half was within engineering parameters. Mr. Hatchett stated the proposed budget included about $48,000 for site work, that once the building is removed the constructors could come back in and grade the site and make it presentable. Mr. Hatchett stated another $65,000 of the budgeted amount was for interior shoring. Mr. Hatchett stated the demolition method being proposed is to saw cut the building and take apart the pieces, and then apply a new exterior wall, fix the roof, made interior modifications to have access to the far end of the building, plus create another classroom. Mr. Hatchett stated the plan was to stabilize the building, then demolish it, then make the interior modifications.

Mr. Hatchett stated there were some contingency moneys built into this budget. He stated he was confident the $625,119 was enough to do the job, and it could be done in a timely manner. Mr. Hatchett stated when approval is received his firm wants to have the design work done by 3/31/08, and from there to have bids solicited, which hopefully will be back by 5/1/08, and then a month later to begin construction, on 6/1/08, with three months of construction to have the school ready by 9/1/08 and the start of the new school year.

Councilor Chernisky asked what was the probability of success on this project. Mr. Hatchett stated his firm felt it was very good. Mr. Hatchett stated consulting had gone on with engineers, demolition contractors, and they have a good handle on what the building is made of. Councilor Chernisky asked if he could rest assured these were hard numbers. Mr. Hatchett stated these are not hard numbers, they are a projected budget. Mr. Hatchett stated his office had done their own estimates on jobs for a number of years, with a good track record on budgeting. Councilor Chernisky asked how does the Town of Southbridge know the contractor won't bid low and have cost overruns, or take too long. Mr. Hatchett stated his firm tries to map out the project from start to finish, and they put the contractor on a tight timeline, and there are also liquidated damages so if the contractor runs over in terms of time there is a penalty to be paid.

Councilor O'Brien stated regarding the budget and contingency costs, exclusive of the contingency costs the total cost would be about $527,000, hence $93,000 contingency amount, or about 18% of the total cost. Councilor O'Brien stated this didn't appear to reflect a high level of confidence in the projections. Councilor O'Brien stated often these projects expanded to consume all available funds. Councilor O'Brien stated his concern was the high contingency amount, and he was reluctant to see the Town Council surrender control over the money as contingencies arise. Councilor O'Brien asked what hardship it would create if the proposals were submitted for more money as the need arises. Mr. Hatchett stated access to this site is tough, on a steep slope, and that there was a 15% contingency for construction, and a 7% for design contingencies.

Councilor Lazo asked what the new exterior wall and foundation were made of. Mr. Hatchett described a concrete foundation, and the wall with steel studs, insulated, then with an exterior insulation including acrylic material with stucco over this.

Councilor Nikolla stated regarding the contingencies, she felt this was a low figure and she had fought for more money. She stated dealing with the constant overruns at the DPW Guelphwood Road facility had made everyone conscious of overruns. Councilor Nikolla stated because there was no way to access the weight-bearing wall to determine construction needs, there was a need for contingent money in the estimate. Councilor Nikolla stated she wanted $750,000 put away. She stated this contingency described tonight would take care of everything, and it would be nice to put money back. Councilor Nikolla stated she was asking the Council to support this, as a tight figure, with everyone watching costs closely.

Councilor Livengood stated no one knows 100% for sure the costs until the wall is dismantled. He stated he would rather have the money ready and then move forward, and that it was better to be prepared, and bank any money left over when the project is done. Councilor Livengood stated there shouldn't be a lot of overrides if the project was being watched.

Mr. Healey stated with the 6/1/08 notice to begin the project the children would still be in school. Mr. Hatchett stated other work would be done prior to school closing, and no construction would be done during school session. Mr. Healey asked for clarification of the 'clerk of the works' position associated with this project, and Mr. Hatchett confirmed this was a project manager, and he recommended the Town hire such a person to oversee the project.

Mr. Scott Lazo stated this was a town project, and the committee felt very confident they would be returning money to the town. Mr. Lazo stated the town would be saved money by having town employees work out the new weight room situation. Mr. Lazo stated procurement laws restricted the swiftness by which this project could be done, but that so far the committee had met every deadline, and the Cole Trade section of the high school could be finished prior to the end of this school year.

Chairman McDonald represented the item, as follows:

Agenda Item #3a (Agenda Item #9). Vote to authorize the Town Manager to proceed with the procurement process for repairing the Southbridge High School Library and that $625,119.00 is appropriated for repairing the Southbridge High School Library; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $625,119.00 under Chapter 44 of the General Laws; 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 Lazo, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #4. Subcommittee reports

• General Government. Councilor O'Brien stated there were no minutes to read and no meeting was scheduled.
• Department of Public Works. Councilor Vandal stated there was a meeting scheduled for 2/26/08 at 7 p.m. in the Rice Conference Room.
• Education and Human Services. Councilor Nikolla stated there were no minutes to read and no meeting was scheduled.
• Planning and Development. Councilor Livengood stated there was a meeting scheduled for 3/6/08 at 7 p.m. in the Rice Conference Room.
• Protection of Persons and Property. Councilor Lazo stated there would be a meeting during the week of 3/3/08.
• Town Manager. Councilor Chernisky stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. Chairman's Announcements

Chairman McDonald stated he had appointed a Town Manager Search Committee consisting of Councilor O'Brien, Councilor Regis, and the three citizens to be confirmed later on tonight's agenda.

Chairman McDonald stated there would be a Council of the Whole meeting on 3/3/08 at 7 p.m., to discuss many issues relative to the landfill. He stated Attorney Giorgio of the town's law firm of Kopelman and Paige would be there as well, to answer why he remains silent during the meetings. He stated Casella would be invited as well. He stated the only subject to be discussed is the Town landfill. Councilor King suggested the discussion be kept to current business, and it not include the same rhetoric and back and forth discussion. Chairman McDonald stated his insistence the discussion doesn't get personal and stays on subject. Councilor Vandal asked if the time limit of 5 minutes for discussion could be extended, and Chairman McDonald stated the meeting would operate under the normal rules, and that a vote of the Council could be made to extend this 5 minute limit.

Agenda Item #6. Town Manager Announcements

Interim Town Manager Jack Healey reviewed the weekly report, as follows:

Mr. Healey announced that consultant John Clifford was no longer working for the Town of Southbridge, and had moved on to Rockport.

Mr. Healey stated he had spoken with the Airport Commission, specifically George Chenier.

Mr. Healey stated he had been to inspect the landfill along with Landfill Monitor Anna Smith.

Mr. Healey stated he had met with town DPW consultant Doug Scott about the Wastewater Treatment Plant and the Guelphwood Road DPW facility.

Mr. Healey stated he had met with School Superintendent Dr. Dale Hanley regarding school issues.

Mr. Healey stated he had met with Town Employee Michael Trombley to get up to speed on the injured on duty (IOD) cases and outstanding bills, and will expedite payment of such and schedule a meeting for the remaining.

Mr. Healey stated he had met with Attorney John Giorgio, Bruce Haskell of Camp, Dresser, and McKee, and Landfill Monitor Anna Smith, to discuss the landfill.

Mr. Healey stated subcommittee business was moving along.

Mr. Healey stated he had initiated the budget process for Fiscal year 2009.

Mr. Healey stated he would be meeting next week with Weston and Sampson along with Councilor Livengood, to talk about the access road off Worcester Street.

Mr. Healey stated he would be meeting next week with three candidates for the DPW Director position.

Mr. Healey stated the Town would be meeting with National Grid about the power to the landfill site, while Weston and Sampson continues to meet with the Airport Commission about certain required parcels to complete the industrial park and the access to it. He stated Agenda Items #15 and #16 on tonight's agenda were to deal with this. He stated he had attached a letter from April of 2007 from the former Town Manager that outlined the many steps required to complete the access road and to clear up land for the industrial park.

Mr. Healey stated he had met with the School Superintendent, and with School Committee members, and Councilor Nikolla, to talk about the High School Media Center and other issues. He stated they had also talked about disposing of a surplus building.

Mr. Healey stated he and Town Council Chairman McDonald had together visited the Wastewater Treatment Plant (no one was there), and then went to the high school to get a visual of the media center, along with a tour of the Cole Building portion of the high school. Mr. Healey stated they had also visited the new DPW facility.

Mr. Healey stated he and Mrs. Ciesla had interviewed three candidates for the DPW Director position.

Mr. Healey stated he had met with George Parent and Jack Edwards about timber cutting projects.

Mr. Healey stated there was a memo circulating today that addressed Maureen Ciesla and her work done out of grade for the Town of Southbridge, and that Mrs. Ciesla had suggested that rather than receive pay for this additional duty, she be granted an extra week of vacation, after the new director settles in. Mr. Healey stated it was his intention to send Mrs. Ciesla a letter concerning this, and he was unclear whether this had to go to subcommittee.

Mr. Healey stated he intended to present a candidate for DPW Director for ratification to the full Council by the next meeting, with the intent for this candidate to start working by the end of April.

Mr. Healey stated regarding the work of the Town Manager Search Committee, he strongly recommended using a professional search committee to bring candidates to the committee and thereafter to the full Council. Councilor O'Brien publicly thanked the Acting Town Manager for his help in facilitating this committee.

Mr. Healey stated Margaret DeAngelis had resigned from the Commission on Disability.

Mr. Healey stated the next Landfill Day for Southbridge residents would take place on 3/29/08, from 9 a.m. until 1 p.m., at the Town Landfill on Barefoot Road.

Agenda Item #7. Citizens Forum

No citizens wished to speak.

At this point Councilor Chernisky made a motion to add Agenda Item 7a to tonight's meeting, seconded by Councilor Lazo. Vote by show of hands, all in favor.

Councilor Chernisky described recent actions by the City of Berkeley, California, regarding returning military veterans, and his disdain at their lack of respect, and provided a handout, including the following (see attached).

Agenda Item #7a. "...Be it resolved that the Town of Southbridge appreciates the hard work, bloodshed, and personal sacrifice, including loss of life and limb, of the United States Marine Corps and all veterans of our armed forces.

"Resolved that the Town of Southbridge understands that these sacrifices have enabled us and defended our right to live in a free and democratic society, for which we are eternally grateful.

"Now, therefore, the Town of Southbridge wishes to invite and welcome any veteran who so chooses to reside, work, play, or travel through and in our town."

A motion was made to accept Agenda Item #7a into the record, motion made by Councilor King, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Councilor Chernisky then stated with permission he wanted to send a copy of this resolution to the Marine recruiter in Berkeley, California. He also stated he wanted a meeting of the General Government Subcommittee to discuss ways the Town Assessor can give veterans a local tax exemption.

Agenda Item #8. Vote to confirm the appointment of the following citizens to the Town Manager Search Committee at the recommendation of the Town Council Chairman:

• Robert G. Caprera, Esq.
• Deborah Gregoire-Lefebvre
• Evelyn Petrelli

A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #10. Vote to authorize the Town Manager to dispose of surplus Town property identified as follows, voted as surplus by the School Committee:

• 1 Dust collector system (Arrestal)
• 1 12" Band saw (Delta)
• 1 Shaper (Rockwell)
• 3 36" Wood lathe (Delta/Rockwell)
• 1 10" Table saw/52" unisaw table (Delta)
• 1 10" Table saw (Rockwell)
• 1 16" Scroll saw with stand (Dremel)
• 1 16" Scroll saw (Tradesman)
• 1 24" Scroll saw (Rockwell)
• 1 Drill press (Rockwell)
• 1 Drill press (Powermatic)
• 1 Drill press/mortise (Rockwell)
• 1 6" Joint planer (Delta)
• 1 6" Pedestal bench grinder (Rockwell)
• 1 Spindle sander (Boise & Crane)
• 1 Table belt sander
• 1 12" Disk sander
• 1 6" disc/4" belt sander
• 1 1" Belt sander
• 1 16" Planer (Powermatic)
• 2 4'x4' Work bench with cabinet
• 8 Metal drawer cabinet

A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #11. Vote to authorize the Town Manager to sign the contract with the Department of Conservation and Recreation to receive $1,016.44 in funds for the flood control activities undertaken by the Thames River Valley Communities of Massachusetts as per Chapter 616 of 1957 Acts and Resolves. A motion was made by Councilor King, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Chairman McDonald called for a recess at this point, and the meeting was recessed from 8:12 p.m. to 8:27 p.m.

Agenda Item #12. Vote to remove from the table Agenda Item No. 15 from the February 11, 2008 Town Council meeting and to replace it with the following amended vote, Agenda Item No. 13. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #13. Vote to transfer the sum of $12,531.71 from the Salary Adjustment Account 001.0910.5152.0.0713 to the following salary and wage accounts to fund the FY 2008 increase from February 11, 2008 through June 30, 2008:

A motion was made by Councilor Chernisky, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors opposed: Lazo. Councilors abstaining: King. Vote passes.

Agenda Item #14. Vote that the Town Council of the Town of Southbridge lays out and/or relocates and alters the layout of a portion of Prince Road, shown as "Prince Road 2.5376 Acres: and "Turnaround Easement 4,555 Sq. Ft." on a plan entitled "As Built Plan and Profile of Prince Road in Southbridge Surveyed for the Town of Southbridge" dated September 28, 2006, prepared by Para Land Surveying, Inc. (the "Layout Plan") and further that the Town Manager is authorized to forthwith file an Order of Layout and the Layout Plan with the Town Clerk. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #15. Vote that the Town Council transfer the custody of a parcel of land described as Map 4 Lot 3 Barefoot Road Rear from the Tax Collector for tax title purposes to the Town Manager for general municipal purposes, including the purpose of conveyance. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #16. Vote that the Town Council transfer the custody of a parcel of land described as Map 3 Lot 32 Worcester Street from the Tax Collector for tax title purposes to the Town Manager for general municipal purposes, including the purpose of conveyance. A motion was made by Councilor King, seconded by Councilor O'Brien, to vote this item. Councilor Vandal asked the location of the land, and Mr. Healey stated this land was en route and within the proposed Industrial Park, and part of its purpose was to allow for the construction of the access road from Worcester Street. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #17. Vote to amend the Code of Bylaws of the Town of Southbridge from reading presently: Section 7-104 Regulation of Leaves, Garden Trimmings, Rubbish, etc. in Public Way no person shall sweep, rake or throw, or place any rubbish, leaves or other like substance upon any sidewalk or street in the town without first obtaining a permit from the chief of police. (Article VIII, Section 4) (TCM 12/2/91);

To:

Section 7-104-1 Regulation of Leaves, Garden Trimmings, Rubbish, etc. in Public Way No person shall sweep, rake or throw, or place any rubbish, leaves or other like substance upon any sidewalk or street in the town without first obtaining a permit from the chief of police (Article VIII, Section 4) (TCM 12/2/91)

Section 7-104-2 No person shall place any rubbish, leaves or other like substance upon any sidewalk or street in the town except in waterproof covered containers or sealed waterproof bags not exceeding fifty (50) pounds gross weight or other similar and appropriate substances in officially approved recycling containers for the sole purpose of collection by employees or designated agents of the town during designated periods of collection. Such placement, conforming to these guidelines, shall be exempt from the provisions of Section 7-104-1 of these bylaws. Such containers shall not remain upon any sidewalk or street in the town for longer than 24 hours before or after the collection period.

Third and Final Reading

Councilor O'Brien read this item out loud.

Discussion was held. A motion was made by Councilor King, seconded by Councilor O'Brien, to accept this item. Agenda Item #17, vote by roll call. Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #18. Vote to amend the Code of Bylaws of the Town of Southbridge from reading presently: Section 10-101.1 Storage of Garbage, Rubbish and Refuse - Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection.

To:

Section 10-101.1 Storage of Garbage, Rubbish and Refuse - Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material.

Third and Final Reading

Councilor O'Brien read this item out loud.

Discussion was held.

Councilor Chernisky made a motion to amend this item by adding the same 24 hour deadline as in the previous motion, seconded by Councilor O'Brien. Vote to amend as described by Councilor Chernisky, by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal.

Agenda Item #18 (as amended). Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote passes.

Agenda Item #19. Vote to amend the Code of Bylaws of the Town of Southbridge from reading presently; 3-305-3 Special Counsel - No town office or agency shall, unless specifically authorized to do so by the town manager, employ, advise with or consult any attorney or counselor at law, other than the town attorney, with regard to its duties, or to any town business. Whenever it is determined that the services of a legal specialist are required, necessary or desirable, the town manager shall, after consultation with the town attorney and the office or agency involved, designate such special counsel.

To:

3-305.3 Special Counsel - No town office or agency shall, unless specifically authorized to do so by the town manager, employ, advise with or consult any attorney or counselor at law, other than the town attorney, with regard to its duties, or to any town business. Whenever it is determined that the services of a legal specialist are required, necessary or desirable, the town manager shall, after consultation with the town attorney and the office or agency involved, designate such special counsel. Excepting, however, that the terms of this Section shall not apply to the Town Council or any of its standing, temporary or ad hoc subcommittees in conformity with Chapter 7, Section 1, Paragraph 1 of the home rule Charter of the Town of Southbridge.

Third and Final Reading

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Discussion was held.

Agenda Item #19. Vote by roll call, Councilors in favor: Lazo, O'Brien, and Vandal. Councilors opposed: Chernisky, King, Livengood, McDonald, and Nikolla. Vote fails.

At this point Councilor Lazo made a motion to add Agenda Item #19a. Vote by show of hands, all in favor.

Councilor Lazo made a motion to rescind the vote on Agenda Item #13 at tonight's meeting. He stated he had thought long and hard, and believed non union employees should get retroactive pay. Discussion was held.

Councilor King then questioned the taking of the minutes in General Government Subcommittee. Recording Clerk Max Gullekson stated he didn't feel comfortable talking about personnel issues in open session, and he preferred this discussion continue in Executive Session. Councilor King made a motion to table this discussion for Executive Session, seconded by Councilor Chernisky. Vote by roll call, Councilors in favor: Chernisky, King. Councilors opposed: Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Vote fails.

Further discussion was held, during which Councilor King left the meeting.

Councilor O'Brien moved the question, seconded by Councilor Vandal. Vote to move the question by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien and Vandal. Vote passes.

Agenda Item #19a. Vote to rescind the vote taken on Agenda Item #13. Vote by roll call, Councilors in favor: Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors opposed: Chernisky. Vote passes.

Councilor Lazo introduced a new item, Agenda Item #19b, as follows: Motion to allow the non union town employees to receive retroactive pay back to 7/1/07.

Councilor King returned to the meeting.

A discussion was held. During this discussion it was discussed the possibility of holding a General Government Subcommittee meeting to undertake a comprehensive review of surrounding communities to find out where Southbridge fits in terms of pay.

Councilor Chernisky stated prior to adding an item the Council needed to suspend the rules to add a new item. Councilor Lazo made a motion to suspend the rules to add items, seconded by Councilor Vandal. Vote to suspend the rules, by roll call, Councilors in favor: Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors opposed: Chernisky, King. Vote passes.

Agenda Item #19b. Motion to allow non union town employees to receive retroactive pay back to 7/1/07. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Vote by roll call, Councilors in favor: Lazo, Livengood, McDonald, Nikolla, O'Brien, and Vandal. Councilors opposed: Chernisky, King. Vote passes.

Agenda Item #20. Councilors' Forum

Councilor Livengood stated there was a new bakery at 12 Crane Street, called the Pastry Studio.

Councilor Nikolla thanked the Town Council for their vote on the media center at the high school.

Councilor Nikolla stated she was looking for people who were interested in becoming involved in the recreation committee, and she would be holding an EHS Subcommittee meeting soon to talk about this.

Councilor Vandal asked Mrs. Acly about the signs at the Tigers Den, Tot to Teen and the Four Eyes Joke Shop. Mrs. Acly stated the owner of Four Eyes had paid for her sign, and the Tot to Teen sign and Tigers Den sign were being paid for by the new owners of these businesses.

Councilor O'Brien stated with a recent snowstorm, the snow removal for the Central Street area took place between 7 and 10 p.m., which was essentially the peak time for nightlife within the Town of Southbridge. He stated he was hoping the plowing schedule for this part of town becomes a little more reasonable.

Councilor King thanked Councilor Chernisky for his earlier comments about the Marine Corps, and it was unfortunate some people take them for granted.

Councilor King stated he would be contacting the State Ethics Commission tomorrow asking for their guidance.

Councilor Chernisky asked if it would be better that the Town Manager Search Committee establishes its own chairman.

Councilor Chernisky stated the Southbridge PTA father/daughter dance would be held at the Charlton Street School, with 350 tickets already sold, and it was a wholesome family event.

Agenda Item #21. Discussion of the next meeting date. Councilor Lazo recommended 3/10/08 as the next meeting date, seconded by Councilor Chernisky. Vote by show of hands, all in favor.

A motion to adjourn was made by Councilor O'Brien, seconded by Councilor Lazo. The meeting adjourned at 9:10 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk
Town Council Meeting

COUNCIL OF THE WHOLE MEETING,
TOWN OF SOUTHBRIDGE,
THURSDAY, FEBRUARY 14, 2008

A Council of the Whole meeting of the Southbridge Town Council was held on Thursday, February 14, 2008, in the Rice Conference Room.

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

Agenda Item #2. Roll Call. Councilors present: Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Agenda Item #3. Vote to enter Executive Session for the purpose of discussing potential litigation and to reconvene in open session for adjournment. A motion was made by Councilor Vandal, seconded by Councilor Regis, to enter into Executive Session. Vote by roll call, Councilors in favor: Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes. The meeting left open session at 7:02 p.m.

The meeting returned to open session at 8:05 p.m.

Councilors Chernisky, King, and Lazo had joined the meeting in Executive Session.

A motion was made to adjourn the Council of the Whole meeting by Councilor Chernisky, seconded by Councilor Lazo. The meeting adjourned at 8:05 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, FEBRUARY 11, 2008

A meeting of the Southbridge Town Council was held on Monday, February 11, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:08 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Agenda Item #3. Consider and accept the minutes of the January 28, 2008 meeting. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to approve these minutes. Vote by show of hands all in favor.

Agenda Item #4. Subcommittee reports:

• a. General Government. Councilor O'Brien read the minutes of the February 6, 2008 meeting.
• b. Department of Public Works. Councilor Vandal described the meeting of January 30, 2008, and stated the minutes were available in the Town Clerk's office for review.
• c. Education and Human Services. Councilor Nikolla described how the Town had just received word that the State had offered 80% funding of any school building project identified.
• d. Planning and Development. Councilor Livengood described the meeting of 2/7/08, and stated the next meeting was scheduled for 3/6/08 at 7 p.m. in the Rice Conference Room.
• e. Protection of Persons and Property. Councilor Lazo stated there would be a meeting soon to discuss hiring a new fire chief.
• f. Town Manager. Councilor Chernisky described the meeting of 2/4/08.

Agenda Item #5. Chairman's Announcements.

Chairman McDonald stated Governor Deval Patrick would be at the Armory on 2/12/08 at 4 p.m. for a walkthrough.

Chairman McDonald welcomed in the new acting Town Manager.

Agenda Item #6. Town Manager Announcements.

Acting Town Manager John (Jack) Healey thanked Town Accountant Karen Harnois for her thorough briefings. Mr. Healey stated he had met several of the town employees and he wanted to meet more.

Agenda Item #7. Citizens' Forum

No citizens wished to speak.

Agenda Item #8. Vote to ratify an employment agreement with John F. Healey to serve as Acting Town Manager for the Town of Southbridge. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item.

Councilor Chernisky stated the contract had been checked with Attorney David Jenkins, who made minor modifications regarding the vehicle allowance. Councilor Regis asked about the IRS implications for the manager, and Mr. Healey stated it had been worded differently to lower Mr. Healey's tax exposure. Councilor Lazo asked about the two weeks Mr. Healey stated he needed for vacation in June, and Mr. Healey stated this would start on 6/20/08. Mr. Healey stated he couldn't work much beyond this point in any event, as the rules regarding how many hours a retired municipal employee could work would limit his time with the Town to about this point in time. Mr. Healey stated his hope that the Town had a permanent replacement as town manager by then. Councilor O'Brien stated he had asked hard questions of Mr. Healey at the Council of the Whole meeting, and he was so impressed with Mr. Healey's responsiveness and directness. Councilor O'Brien stated he was also impressed with the fact that most of the problems in Middleboro were not Mr. Healey's fault, and that Mr. Healey had chosen to use a local attorney in Middleboro instead of hiring outside of the town. Councilor O'Brien stated he was also impressed that Mr. Healey was skeptical of Tax Increment Financing as a way to stimulate business in a community, and also that Mr. Healey recognized the primary importance of finding additional revenue for the town.

Agenda Item #8. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to transfer the sum of $50,000.00 from Town Council Reserve Account 001.0132.5781 to Town Manager Salaries and Wages Account 001.0123.5110. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Councilor Regis asked if Mr. Carlisle was being paid until 3/15/08, and if there was any comp time in this payment. Mrs. Harnois stated there had been comp time on the books prior, but it was the opinion of Kopelman and Paige that the Town Council will have to review this issue before final payout. Councilor Regis asked if the Council would be made aware, and Mr. Harnois stated yes. Agenda Item #9. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to allow Douglas Scott, as a temporary employee of the DPW, an exemption under M.G.L. Ch. 268A, Sec. 20, to have an interest in a contract with the Economic Development Department. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #11. Vote to appropriate the sum of $1,000,000.00 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 Section 7 and/or 8 of Chapter 44 of the General Laws and/or Chapter 29C, which bonds and notes shall be the general obligation 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 Regis, seconded by Councilor Livengood, to vote this item.

Councilor Chernisky thanked everyone who had participated in the tour at the facility. Councilor Chernisky stated he was under the impression that there would be an executive session tonight to discuss issues regarding this financing. Councilor Harnois stated the executive session, which had been postponed, was meant to discuss the wastewater treatment plant and pending litigation. Doug Scott stated the issue before the council was to finish work with Barr, such work known as phase 1, and that phase 2, which included environmental remediation, would be dealt with separately. Councilor Chernisky stated he wanted assurances that this final appropriation would cover the remaining costs of phase 1. Mr. Scott stated the funds requested were made based on best estimates, which had been determined by information submitted by the engineers and architects working on the project. Mr. Scott stated he could not stand here and say there would be no additional requests for funding. Mr. Scott stated he didn't see any large issues related to phase 1 remediation and the closeout of the construction portion of the project. Mr. Scott stated the sprinkler system had to meet the acceptance of the State's Fire Marshall requirements, and until the engineers get there and inspect it there was no way to know for sure. Mr. Scott stated without this additional appropriation the building would never get an occupancy permit. Councilor Chernisky stated he thought the money for the sprinkler system had already been appropriated.

Councilor King asked how much was the original bid on the project, and Mrs. Harnois stated it was $5,150,000. Councilor King asked if the project was currently at $8,400,000, and Mrs. Harnois said the Barr portion of this work was $5,150,000.

Councilor Lazo stated the retired DPW Director Hamer Clarke had informed everyone that the cost of this project could possibly go as high as $10 million. Councilor Lazo stated he was reluctantly approving this appropriation because without it the building will never get an occupancy permit.

Councilor Nikolla asked if the sprinkler system was for the whole building. Mr. Scott stated a fire pump also was being installed, to increase the usefulness of the building to the town. Mr. Scott stated the town needed to avoid having to retrofit the building later because the range of this proposed work wasn't done. Councilor Nikolla stated if there was to be an executive session to talk about the DPW facility, then she wanted Mike Comeau and Joe Cienciwa of the School side to attend, because she had received a communiqué that the School Department wasn't 100% sure they wanted the space in this building.

Councilor Regis asked if the Water Enterprise Fund was being charged its pro rata share of this project, and Mrs. Harnois stated yes.

Councilor Lazo asked if the residents of Guelphwood Road had come in yet for their abatements on sewer betterments, and Mrs. Harnois stated she had requested more information from Mrs. Ciesla and had been sent a memo that the betterments had not yet been assessed.

Agenda Item #11. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal. Councilors opposed: King, O'Brien. Vote passes.

Agenda Item #12. Vote that $2,500,000.00 is appropriated for the purpose of financing the pollution abatement 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 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 $2,500,000.00 and issue bonds or notes therefore under Chapter 44 of the General Laws 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 of Southbridge unless the Treasurer with the approval of the Town Manager determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C, as most recently amended by St. 1998, c. 78; that 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 a 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 Town Manager 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. (Refer to subcommittee for further discussion.)

2/3 Roll Call Vote Required

A motion was made by Councilor Chernisky, seconded by Councilor King, to refer this item to subcommittee. Vote by show of hands, unanimous in favor.

Agenda Item #13. Vote to fund the Arbitration Panel Decision Award JLMC Case No. 07-07F for the Southbridge Permanent Firefighters, Local 2194 that provides increases in the amount of $138,703.52 with $84,703.52 being funded through the FY 2008 Fire Department budget and a transfer from the Salary Adjustment Account 001.0910.5152.0.0713 in the amount of $54,000.00 to the following Fire Department Salary Accounts:

1.220.5110 Regular $54,000.00

A motion was made by Councilor Livengood, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #14. Vote to amend Schedule 1 of the Town of Southbridge Revised Personnel Regulations with "Proposed Amendments dated February 11, 2008" effective July 1, 2007, July 1, 2008, July 1, 2009 and January 1, 2010 as presented at the General Government Subcommittee meeting of February 6, 2008. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item.

Councilor King stated he was under the impression that the pay rate started on 7/1/08. Mrs. Harnois stated it was presented as Fiscal Year 2008. Councilor Chernisky asked if we were making this effective immediately, or was it retroactive. Mrs. Harnois stated it was effective 7/1/07. Councilor King made a motion to amend this item to read effective immediately with no retro, seconded by Councilor Lazo. Vote to amend as described, by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky. Vote to amend passes.

Agenda Item #14 as amended. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Vandal. Councilors opposed: Regis. Vote passes.

Agenda Item #15. Vote to transfer the sum of $22,969.40 from the Salary Adjustment Account 001.0910.5152.0.0713 to the following salary and wage accounts to fund the FY 2008 increase:

Councilor Regis made a motion to table this item, seconded by Councilor O'Brien. Vote by roll call, Councilors in favor of tabling: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #16. Vote to recommend the Town Treasurer, under the provisions of Massachusetts General Laws Chapter 268a, Section 20, be directed to pay to Michael Trombley payments withheld for snow-plowing services to the Town of Southbridge provided to the date of adoption of this resolution and, however, that no future payments are to be made under the terms and conditions previously practiced and further provided that Mr. Trombley make the required disclosures under MGL 268A, Sect 20. Further, that Michael Trombley be designated a special municipal employee under the terms of MGL Chapter 268A, Section 20, and that under the provisions of that statute the Town Manager is directed to enter into a personal services contract with Mr. Trombley to provide snow-plowing services under rates and conditions commensurate with his past service in this capacity.

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item.

Councilor Chernisky stated he had no problem paying for the work already done by Mr. Trombley. Councilor Chernisky stated he felt the language presented, however, made it appear that it was a regulation written for one person, and he disagreed with this. Councilor Chernisky made a motion to amend Agenda Item #16 by removing a section from the end of this Item to read as follows: Vote to recommend the Town Treasurer, under the provisions of Massachusetts General Laws Chapter 268a, Section 20, be directed to pay to Michael Trombley payments withheld for snow-plowing services to the Town of Southbridge provided to the date of adoption of this resolution and, however, that no future payments are to be made under the terms and conditions previously practiced and further provided that Mr. Trombley make the required disclosures under MGL 268A, Sect 20. Further, that Michael Trombley be designated a special municipal employee under the terms of MGL Chapter 268A, Section 20.

Councilor O'Brien stated in Subcommittee the effort was to try to create a sense of justice for this person based on past practices.

Councilor Chernisky stated the only way to make this fair was to make the pay consistent. Councilor O'Brien stated it was unfair to make a promise to someone and then those who relied on those promises have their lives disrupted.

Councilor Regis asked if the Council chose to vote no, would the Town have to replace Mr. Trombley by hiring someone with their own truck. Mr. Ciesla stated right now Mr. Trombley was being used as a backup plowman. Mr. Ciesla described that if someone doesn't come in then Mr. Trombley is called in.

Councilor King asked Mrs. Ciesla asked about how the bidding worked, and Mrs. Ciesla stated there are standard set rates, based on the size of the truck, and the rates parallel the rates set by the Massachusetts Highway Division. Councilor King asked what would happen if the town went out to replace Mr. Trombley, and Mrs. Ciesla stated he would be paid $15 an hour.

Vote to amend Agenda Item #16 as described above: Vote by roll call, Councilors in favor: Chernisky, Livengood, Nikolla. Councilors opposed: King, Lazo, McDonald, O'Brien, and Regis. Councilors abstaining: Vandal. Motion to amend fails.

Vote on Agenda Item #16 as originally written above. Vote by roll call Councilors in favor: King, Lazo, McDonald, O'Brien, and Regis. Councilors opposed: Chernisky, Livengood, Nikolla. Councilors abstaining: Vandal. By 5 yes, 3 no, and 1 abstain, the vote passes.

A recess was held between 8:20 and 8:28 p.m.

Agenda Item #17. Vote to amend Schedule 5 of the Town of Southbridge Revised Personnel Regulations as follows:

Public Works Department

Temp. Emerg. Mntce. & Snow Plowing $15.00 per hour or per contract

A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, McDonald, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky, Livengood, and Nikolla. Vote passes.

Agenda Item #18. Vote to amend Chapter 4 - Pay Plan of the Town of Southbridge Revised Personnel Regulations by adding the following: Section 4.8 Benefits for Supervisory Personnel - The Police Chief, Fire Chief, Police Lieutenant and Deputy Fire Chief shall receive holiday pay and uniform allowance

A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item.

Councilor Chernisky stated this and Agenda Item #20 discussed holiday leave. He asked if the leave covered under Item #18 would also be covered under #20, allowing one to pick and choose. Police Chief Charette stated in the police and fire units everyone gets 11 days, and in the Town Hall everyone gets 12 1/2 days. Chief Charette stated this was nothing new and this would just put into proper wording a practice that has been in place since 1990.

Councilor King asked if non union department heads would get the half day before Christmas off, and Mrs. Harnois stated yes.

Agenda Item #18. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #19. Vote to amend Chapter 5 Hours of Work and Overtime, Section 5.1.2 - Salaried Employees of the Town of Southbridge Revised Personnel Regulations as follows: The normal workweek for professional, managerial and administrative employees exempt from the Fair Labor Standards Act (FLSA) shall be 7.5 hours in a day and 37.5 hours in a week except as otherwise specified for a given position. Salaried employees shall not be eligible for overtime pay, except for Police Lieutenants performing extra duty details, but may be eligible for compensatory time for excessive hours worked with the approval of the Town Manager. Additional pay may be awarded for extraordinary duties, or work performed that is not part of the employee's regular job duties, with the prior written approval of the Town Manager. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item.

Discussion was held. Councilor Chernisky asked why salaried employees were only 37.5 hours a week when the industry standard is a 40 hour workweek. Councilor Chernisky stated the prior approval by the town manager clause would allow approval without Council approval. Councilor Chernisky made a motion to amend, which was seconded, and further discussion was held, and Councilor Chernisky withdrew his motion to amend and the second was withdrawn.

A motion to table Agenda Item #19 was made by Councilor Lazo, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote to table passes.

Agenda Item #20. Vote to amend Chapter 9 - Leave, 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 O'Brien, seconded by Councilor King, to vote this item. Discussion was held. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky. Vote passes.

Agenda Item #21. Vote to transfer the sum of $4,000.00 from Special Appropriation Medicaid Billing Costs Account 3.589.5899.133.9061 to Other Charges and Expenses Recruitment & Processing Account 1.0910.5700.0.0712. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #22. Vote to accept the bid from Hull Forest Products in the amount of $46,280.00 for the sale of timber on Town watershed property. A motion was made by Councilor King, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #23. Vote to ratify a Goods and Services Agreement with Holland Chemical for commercial grade bulk aluminum sulfate solution with a cost of $326.20 DT. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #24. Vote to ratify a Goods and Services Agreement with M & M Cleaning and Restoration in an amount not to exceed $10,000.00. A motion was made by Councilor O'Brien, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #25. Vote to ratify a Goods and Services Agreement with Remillard Cleaning Services in an amount not to exceed $12,000.00. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky. Vote passes.

Agenda Item #26. Vote to ratify an Agreement with Applied Geographics, Inc. in the amount of $57,000.00 to be paid from FY 2007 CDBG grant funds. A motion was made by Councilor King, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #27. Vote to approve a street name change from Roumanian Avenue to Romanian Avenue. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Councilor Lazo stated this was requested by the Church, to reflect a previous way of spelling this word. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #28. Vote to accept the Petition for Repairs to a Private Way as submitted by the abutters to Oak Street to make the necessary repairs to this private way in the maximum amount of $500.00 for materials and labor. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #29. Vote to accept the Petition for Repairs to a Private Way as submitted by the abutters to a paper street between Dennison Drive and Locust Avenue to make the necessary repairs to this private way in the maximum amount of $500.00 for materials and labor. A motion was made by Councilor Lazo, seconded by Councilor King, to vote this item. Councilor O'Brien asked what a paper street is. Mr. Healey stated it is a street that is not an accepted way but shows on the Assessor's map, as in a laid out street that was never built. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #30. Vote to authorize the Town Manager to accept a cash distribution in connection with the Attorney General's Compact Disc Litigation Settlement for the Jacob Edwards Library. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Councilor Regis asked if it would be put into a special revenue fund, and Mrs. Harnois stated probably into the general fund because it was only several hundred dollars. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #31. Vote to remove from the table Agenda Item No. 10 from the Town Council meeting of January 28, 2008 pertaining to Prince Road. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #32. Vote to add Prince Road layout to the agenda for the Town Council meeting of February 25, 2008 and to notify the abutters as required by law. A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #33. Vote to amend the Code of Bylaws of the Town of Southbridge from reading presently: Section 7-104 Regulation of Leaves, Garden Trimmings, Rubbish, etc. in Public Way No person shall sweep, rake or throw, or place any rubbish, leaves or other like substance upon any sidewalk or street in the town without first obtaining a permit from the chief of police (Article VIII, Section 4) (TCM 12/2/91);

To:

Section 7-104-1 Regulation of Leaves, Garden Trimmings, Rubbish, etc. in Public Way No person shall sweep, rake or throw, or place any rubbish, leaves or other like substance upon any sidewalk or street in the town without first obtaining a permit from the chief of police (Article VIII, Section 4) (TCM 12/2/91)

Section 7-104-2 No person shall place any rubbish, leaves or other like substance upon any sidewalk or street in the town except in waterproof covered containers or sealed waterproof bags not exceeding fifty (50) pounds gross weight or other similar and appropriate substances in officially approved recycling containers for the sole purpose of collection by employees or designated agents of the town during designated periods of collection. Such placement, conforming to these guidelines, shall be exempt from the provisions of Section 7-104-1 of these bylaws. Such containers shall not remain upon any sidewalk or street in the town for longer than 24 hours before or after the collection period.

Second Reading

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to accept this second reading. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors abstaining: Chernisky. Motion passes.

Agenda Item #34. Vote to amend the Code of Bylaws of the Town of Southbridge from reading presently: Section 10-101.1 Storage of Garbage, Rubbish and Refuse - Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection.

To:

Section 10-101.1 Storage of Garbage, Rubbish and Refuse - Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material.

Second Reading

A motion was made by Councilor O'Brien, seconded by Councilor Livengood, to accept the second reading. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors abstaining: Chernisky. Motion passes.

Agenda Item #35. Vote to amend the Code of Bylaws of the Town of Southbridge from reading presently; 3-305-3 Special Counsel - No town office or agency shall, unless specifically authorized to do so by the town manager, employ, advise with or consult any attorney or counselor at law, other than the town attorney, with regard to its duties, or to any town business. Whenever it is determined that the services of a legal specialist are required, necessary or desirable, the town manager shall, after consultation with the town attorney and the office or agency involved, designate such special counsel.

To:

3-305.3 Special Counsel - No town office or agency shall, unless specifically authorized to do so by the town manager, employ, advise with or consult any attorney or counselor at law, other than the town attorney, with regard to its duties, or to any town business. Whenever it is determined that the services of a legal specialist are required, necessary or desirable, the town manager shall, after consultation with the town attorney and the office or agency involved, designate such special counsel. Excepting, however, that the terms of this Section shall not apply to the Town Council or any of its standing, temporary or ad hoc subcommittees in conformity with Chapter 7, Section 1, Paragraph 1 of the home rule Charter of the Town of Southbridge.

Second Reading

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: King, Lazo, McDonald, O'Brien, and Vandal. Councilors opposed: Livengood, Nikolla, and Regis. Councilors abstaining: Chernisky. Motion passes.

Agenda Item #36. Councilors forum

Councilor Livengood thanked the Town Accountant/Finance Director Karen Harnois for filling in as Acting Town Manager.

Councilor Nikolla thanked Mrs. Harnois, and stated it was a pleasure working with her, and that she looked forward to working with Mr. Healey.

Councilor Vandal stated he had read the report in the packet where the application for minor modification described going from 25,000 tons of MSW to 405,000 tons of MSW, and he didn't think this was a minor modification.

Councilor Vandal asked who was paying Attorney John Giorgio at the Board of Health public hearings, and Chairman McDonald stated the Town was paying, and it was Attorney Giorgio's role to represent the contract. Councilor Vandal stated Attorney Giorgio wrote the contract and shouldn't be representing the town, and that Mr. Beinema and Mr. Gatti were at the meetings for no pay. Councilor King asked it was a conflict that a member of this board has a family member who runs a trash business, and maybe the State Ethics Commission should be called. Mr. Healey stated it was Mr. Giorgio's job to further the contract on behalf of the Town Council. Councilor Lazo stated he didn't support the Casella contract, but the whole thing was now in the hands of the Board of Health, as per the vote the Town Council.

Councilor Lazo thanked Mrs. Harnois for the job she did, and he welcomed Mr. Healey.

Councilor Lazo stated he misspoke before, and now wished to clarify that indeed the Town Treasurer Mrs. Ernst-Fournier was certified as a Treasurer, and would soon be certified as a Collector as well.

Councilor Regis thanked Mrs. Harnois for her help, and stated she respected her for being able to do both jobs.

Councilor O'Brien thanked Mrs. Harnois for her excellent work during a difficult period, and also welcomed Mr. Healey to the town.

Councilor King thanked Mrs. Harnois for her work as Acting Town Manager.

Councilor King stated the primary was held on 2/5/08, and he cited the wonderful job done by the board of registrars and the Clerk's office. Councilor King stated he and Councilor Chernisky had taken part in the helping with the hand count at Precinct #3.

Councilor King stated he had heard wonderful news about Shaun Moriarty's health.

Councilor Chernisky welcomed Mr. Healey, and thanked Mrs. Harnois for the work she did.

Councilor Chernisky stated the Town Clerk's office and the election staff did a wonderful job with the election, and it was interesting to help out and learn something new.

Councilor Chernisky commended the Southbridge High School Building Committee and its Chairman Scott Lazo for their work on getting a high reimbursement percentage from the State.

Agenda Item #37. Discussion of next meeting date. Councilor Lazo recommended 2/25/08 as the next meeting date, seconded by Councilor Chernisky. Vote by show of hands, all in favor.

Agenda Item #38. Adjournment. A motion was made to adjourn by Councilor King, seconded by Councilor O'Brien. The meeting adjourned at 9:08 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, JANUARY 28, 2008

A meeting of the Southbridge Town Council was held on Monday, January 28, 2008, in the Robert McKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:06 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

Agenda Item #3. Consider and accept the minutes of the January 7 2008 meeting. A motion was made by Councilor Lazo seconded by Councilor King, to approve these minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee Reports:

• a. General Government. Councilor O'Brien described the meeting of 1/22/08, and stated the minutes were available at the Town Hall.
• b. Department of Public Works. Councilor Vandal stated there was a meeting scheduled for 1/29/08, and a walkthrough of the Guelphwood Road facility was scheduled for Saturday, 2/2/08, at 12 noon, for anyone interested in seeing the facility.
• c. Education and Human Services. Councilor Nikolla said there had been a meeting the previous week of the Media Center Building Committee, where the engineer discussed his findings and offered up three options. Councilor Nikolla stated the next meeting of this committee was on 2/5/08, to discuss the best option, and stated the work was not likely to be completed until some time in September. Councilor Nikolla stated she would be having a subcommittee soon to discuss forming up a recreation committee.
• d. Planning and Development. Councilor Livengood described the 1/23/08 meeting.
• e. Protection of Persons and Property. Councilor Lazo stated the minutes of the 1/3/08 meeting were ready in the Clerk's office.
• f. Town Manager. Councilor Chernisky stated there was a meeting on 2/4/08.

Agenda Item #5. Chairman's Announcements.

Chairman McDonald thanked Town Clerk Madaline Daoust for going to the fire on Coombs Street, and also thanked the Fire Department for putting out the fire.

Agenda Item #6. Town Manager announcements.

Town Accountant Karen Harnois had no announcements.

Agenda Item #7. Citizens' Forum

Madaline Daoust of Poplar Street, the Southbridge Town Clerk, asked all residents to return their census forms quickly.

Mrs. Daoust reminded everyone the Presidential Primary was coming up on February 5, 2008, with the polling places open from 7 a.m. to 8 p.m., and absentee ballots were available until 2/4/08 at noon.

Mrs. Daoust stated the 2008 dog licenses were now available in the Town Clerk's office.

Larry Beinema of Dennison Hill Road stated a Town Council vote in June of 2007 had failed by a 4 to 4 margin to reappoint Kopelman and Paige as the Town's law firm. Mr. Beinema stated he was surprised to see Attorney Giorgio at the 1/24/08 Board of Health public hearing, representing the Town and specifically Attorney Giorgio's objection to John Gatti functioning as an intervener at the meeting. Mr. Beinema stated the Town needed to solicit several firms, and the Council needed to choose among them the best for Southbridge. Councilor Vandal stated he and Councilor Chernisky had been present at this Board of Health meeting, and he agreed with Mr. Beinema regarding the Town attorney.

Councilor O'Brien introduced Agenda Item 7a, vote that the Southbridge Town Council accept the resignation of Clayton R. Carlisle as Town Manager effective 3/15/08. A motion was made to accept this item by Councilor Lazo, seconded by Councilor Vandal. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Councilor O'Brien introduced Agenda Item 7b, vote that Town Manager Carlisle be placed on paid leave of absence immediately. A motion was made to accept this item by Councilor Lazo, seconded by Councilor O'Brien. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #8. Vote to remove from the Table Agenda Item No. 18 from the Town Council meeting of January 7, 2008 (subcommittee citizen member re-appointment - Evelyn Petrelli). A motion was made by Councilor King, seconded by Councilor Livengood, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #9. Vote to confirm the re-appointment of Evelyn Petrelli as a Citizen Member to the Planning and Development Subcommittee for a six-month term to expire June 30, 2008. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #10. Vote to add the Prince Road layout to the agenda for the Town Council meeting of February 11, 2008 and to notify the abutters as required by law.

Councilor Chernisky asked if the recommendation had come back from the Planning Board, and Chairman McDonald stated it had not. A motion was made by Councilor Lazo, seconded by Councilor King, to table this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #11. Vote to amend the Code of Bylaws of the Town of Southbridge from reading presently: Section 7-104 Regulation of Leaves, Garden Trimmings, Rubbish, etc. in Public Way No person shall sweep, rake or throw, or place any rubbish, leaves or other like substance upon any sidewalk or street in the town without first obtaining a permit from the chief of police (Article VIII, Section 4) (TCM 12/2/91);

To:

Section 7-104-1 Regulation of Leaves, Garden Trimmings, Rubbish, etc. in Public Way No person shall sweep, rake or throw, or place any rubbish, leaves or other like substance upon any sidewalk or street in the town without first obtaining a permit from the chief of police (Article VIII, Section 4) (TCM 12/2/91)

Section 7-104-2 No person shall place any rubbish, leaves or other like substance upon any sidewalk or street in the town except in waterproof covered containers or sealed waterproof bags not exceeding fifty (50) pounds gross weight or other similar and appropriate substances in officially approved recycling containers for the sole purpose of collection by employees or designated agents of the town during designated periods of collection. Such placement, conforming to these guidelines, shall be exempt from the provisions of Section 7-104-1 of these bylaws. Such containers shall not remain upon any sidewalk or street in the town for longer than 24 hours before or after the collection period.

First Reading

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #12. Vote to amend the Code of Bylaws of the Town of Southbridge from reading presently: Section 10-101.1 Storage of Garbage, Rubbish and Refuse - Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection.

To:

Section 10-101.1 Storage of Garbage, Rubbish and Refuse - Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material.

First Reading

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

Agenda Item #13. Vote to amend the Code of Bylaws of the Town of Southbridge from reading presently; 3-503.3 Special Counsel - No town office or agency shall, unless specifically authorized to do so by the town manager, employ, advise with or consult any attorney or counselor at law, other than the town attorney, with regard to its duties, or to any town business. Whenever it is determined that the services of a legal specialist are required, necessary or desirable, the town manager shall, after consultation with the town attorney and the office or agency involved, designate such special counsel.

To:

3-503.3 Special Counsel - No town office or agency shall, unless specifically authorized to do so by the town manager, employ, advise with or consult any attorney or counselor at law, other than the town attorney, with regard to its duties, or to any town business. Whenever it is determined that the services of a legal specialist are required, necessary or desirable, the town manager shall, after consultation with the town attorney and the office or agency involved, designate such special counsel. Excepting, however, that the terms of this Section shall not apply to the Town Council or any of its standing, temporary or ad hoc subcommittees in conformity with Chapter 7, Section 1, Paragraph 1 of the home rule Charter of the town of Southbridge

First Reading

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by show of hands, 8 in favor, 1 opposed (Nikolla). Vote passes.

Agenda Item #14. Vote to amend the Code of Bylaws of the Town of Southbridge by adding the following section: 3-305.2.5 General Services - The Town Attorney shall be available to all members of the town council, without restriction or prior approval from any authority, to express an opinion or provide information relating to any matter before the town council or on any matter relating to the conduct, process, procedure or structure of town government.

First Reading

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item.

Councilor Nikolla stated she could not support this, and she preferred there be some process for Councilors to contact the Town's attorneys, in order to save on costs. Councilor Lazo stated he wanted a way to funnel these requests, perhaps through the Council Chairman. Councilor Regis agreed there needed to be some accountability. Councilor Chernisky stated he was looking for a better way.

Councilor Chernisky made a motion to refer Agenda Item #14 to General Government subcommittee, seconded by Councilor King. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #15. Vote that the Town Council accept Section 19K of Chapter 41 of the Massachusetts General Laws which allows for additional compensation to be paid to the Town Clerk, Treasurer, and Collector, respectively, upon certification and to further raise and appropriate the sum of money not to exceed $1,000 for each official to provide such additional compensation. A motion was made to vote this item by Councilor King, seconded by Councilor Lazo.

Discussion was held. A motion was made to send this item back to subcommittee for further review by Councilor Chernisky, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: Chernisky, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: King. Motion passes.

Agenda Item #16. Vote to amend Schedule 5 of the Town of Southbridge Personnel Regulations by adding the following under Appointed Positions:

Massachusetts Municipal Certification $1000 maximum per person per year

A motion was made by Councilor Chernisky to table this item indefinitely, seconded by Councilor King. Vote by show of hands, all in favor.

Agenda Item #17. Vote to approve the submission of the FY 2008 Community Development Block Grant Application in the amount of $800,000.00. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #18. Vote to amend the Parking Regulation for the Town of Southbridge with Permit No. P-00129 as follows: That a permit be issued for a "No Parking" zone on the north side of Hartwell Street beginning at the intersection of Chapin Street, thence westerly one hundred ninety-eight feet (198') plus/minus to the intersection of Hartwell Terrace. A motion was made by Councilor Vandal, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, Vandal. Vote passes.

Agenda Item #19. Vote to amend the Parking Regulation for the Town of Southbridge with Permit No. P-00129 as follows: That a permit be issued for a "No Parking" zone on the southwesterly side of Crane Street beginning at the intersection of Hamilton Street, thence northerly and westerly one hundred forty feet (140') plus/minus to a point. A motion was made by Councilor Vandal, seconded by Councilor Lazo. Vote by roll call, Councilors in favor: King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, Vandal. Councilors opposed: Chernisky. Vote passes.

Agenda item #20. Vote to authorize the expenditure of Snow and Ice removal costs in excess of available appropriations pursuant to MGL Chapter 44, Section 31D. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item. Discussion was held.

Agenda Item #20. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, Vandal. Vote passes.

Agenda Item #21. Councilors' Forum

Councilor King stated the Fire Department had done an excellent job at the recent Coombs Street fire.

Councilor King urged his fellow Councilors to not appropriate the requested $1 million for the DPW facility on Guelphwood Road, and the Town should get an independent audit on the whole project. Councilor King stated he had spoken to some of the DPW workers and had been told it was an unsuitable building.

Councilor Regis stated she wanted an update on when the water and sewer betterment bills would be coming for the Guelphwood Road residents impacted by the betterment there.

Councilor Lazo stated he had been through the DPW facility, and no one seemed happy with it, including the School Department. He stated the Police Department had an area, but he didn't know why. He stated he wouldn't support this additional money.

Councilor Lazo stated the Southbridge Fire Department did a great job of stopping the fire on Coombs Street, as well as all the mutual aid people that helped, and the police who helped, as well as the DPW, who sanded down Main Street after the water flowed there from the fire.

Councilor Vandal reminded everyone of the walkthrough at the Guelphwood Road facility on the coming Saturday.

Councilor Vandal thanked Interim Fire Chief Ciesla for the good job he did at the Coombs Street fire.

Councilor Nikolla stated she wanted Weston and Sampson to provide a monthly update on activities at the 185 Guelphwood Road facility upgrade. She stated all projects for any sizeable amount of money should be made accountable.

Councilor Nikolla thanked the Fire Department and everyone else who helped at the recent Coombs Street fire. Councilor Nikolla asked if the Tri-Epic would be a suitable agency for this type disaster, and Chief Charette stated this was more of a Red Cross level of disaster.

Councilor Nikolla stated 'The Rez' skating rink at the Town reservoir opened this weekend, and the hours were Thursday and Friday from 6 p.m. to 8 p.m., and weekends from 1 p.m. to 4 p.m., all for no charge. She stated a person can call ahead at 508-764-4849. She stated the skates are free, and any money made from food sales goods to scholarships. Councilor Nikolla thanked Ajay Larochelle for his volunteer work at The Rez.

Councilor Chernisky stated this Saturday from 9 a.m. to 12 noon, John Mullen of UMass Amherst will be at the library to discuss issues related to the revitalization of the Downtown area. Councilor Chernisky stated a film, "Downside Up," was being shown, which was about the revitalization of North Adams, Mass. Councilor Chernisky gave the phone number of 508-764-5426 as the contact number for the library. He stated it was being hosted by the Downtown Partnership.

Councilor Lazo stated since the town was spending $8 million at the sewer plant then perhaps a walkthrough would be in order there as well.

Agenda Item #22. Discussion of the next meeting date. Councilor Lazo recommended 2/11/08 at 7 p.m. This was made a motion by Councilor O'Brien, seconded by Councilor Chernisky. Vote by show of hands, all in favor.

Agenda Item #23. Vote to enter Executive Session for the purpose of discussing strategy with respect to collective bargaining and to reconvene in open session for the purpose of contract ratification. A motion was made by Councilor Lazo, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes. The meeting entered Executive Session at 8:12 p.m. The meeting reconvened at 8:41 p.m.

Agenda Item #24. Vote to ratify the contract with Local 888, SEIU DPW Unit for the period of July 1, 2007 through June 30, 2010. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #25. Vote to transfer $22,611.00 from the Salary Adjustment Account Number 001.0910.5152.0.713 to the following DPW Salary Accounts:

1.499.5110 $ 20,769.00
1.499.5130 $ 368.00
1.499.5192 $ 1,475.00

Councilor O'Brien made a motion to amend the amount in this item to state $22,612.00, seconded by Councilor Lazo. Motion to amend Agenda Item #25, as described, by roll call: Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #25 (as amended ). Vote to transfer $22,612.00 from the Salary Adjustment Account Number 001.0910.5152.0.713 to the following DPW Salary Accounts:

1.499.5111 $20,769.00
1.499.5130 $ 368.00
1.499.5192 $ 1,475.00

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

A motion was made to adjourn by Councilor Lazo, seconded by Councilor Chernisky. Vote by show of hands, all in favor. The meeting adjourned at 8:45 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

TOWN COUNCIL MEETING,
TOWN OF SOUTHBRIDGE,
MONDAY, JANUARY 7, 2008

A meeting of the Southbridge Town Council was held on Monday, January 7, 2008, in the Robert MacKinnon Council Chambers. Chairman McDonald called the meeting to order at 7:06 p.m.

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

Agenda Item #2. Roll Call. Councilors present: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal.

State Rep. Geraldo Alicea presented Town Clerk Madaline Daoust a proclamation from the State House for getting her certification from the Massachusetts Clerk's Association.

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

December 10, 2007 Tax Rate Public Hearing. A motion was made by Councilor Chernisky, seconded by Councilor Livengood, to accept these minutes. Vote by show of hands, 8 in favor, 1 abstain (Lazo). Vote passes.

December 10, 2007 meeting. A motion was made by Councilor Chernisky, seconded by Councilor King, to accept these minutes. Vote by show of hands, all in favor.

December 19, 2007 Council of the Whole A motion was made by Councilor Chernisky, seconded by Councilor Lazo, to accept these minutes. Vote by show of hands, all in favor.

Agenda Item #4. Subcommittee reports:

• General Government. Councilor O'Brien stated there were no minutes to read and no meeting was scheduled.
• Department of Public Works. Councilor Vandal gave a synopsis of the 12/12/07 meeting.
• Education and Human Services. Councilor Nikolla stated there were no minutes to read and no meeting was scheduled.
• Protection of Persons and Property. Councilor Lazo gave an overview of the 1/3/08 meeting.
• Planning and Development. Councilor Livengood stated the next meeting was scheduled for 2/7/08.
• Town Manager. Councilor Chernisky read the 12/5/07 meeting, and described the 1/2/08 meeting.

Agenda Item #5. Chairman's Announcements

Chairman McDonald had no announcements.

Agenda Item #6. Town Manager Announcements

Town Manager Carlisle stated the last day to register for the Presidential Primary is 1/16/08.

Mr. Carlisle stated by 1/3/08, 310 of the towns and cities in Massachusetts had received approval to set their tax levies, and Southbridge was among these cities.

Mr. Carlisle stated the Town had taken a bid last week for $46,280, for land clearing, and this would be brought forward to subcommittee soon. Mr. Carlisle stated efforts were being made to bring down the impact of the water and sewer rates.

Mr. Carlisle stated the "Rudolph and Friends Festival" on 12/22/07 was a big success. He stated Casella had provided the DJ, the cookies, the hot chocolate, and the X-Box given away as a prize. Mr. Carlisle stated George Parent was also a big help. Mr. Carlisle stated Rudi DiGregrorio had provided the beautiful holiday displays.

Mr. Carlisle stated Christmas trees were being picked up by the curbside during the month of January.

Mr. Carlisle stated the residential tonnage average for recycling material went from 46 tons in December of 2006, to 83 tons in December of 2007, and the amount going into the landfill had reduced from 567 tons in December of 2006 to 520 tons in December of 2007, and stated this was indicative of the success of the recycle program.

Agenda Item #7. Citizens' Forum

Joe Hulyk of Morris Street asked about the status of replacing the fire chief, and Mr. Carlisle stated no one had yet been identified, and that since this was the first hiring for this position in 22 years, the job description may be looked at prior to a hiring.

Kevin Buxton of Elm Street asked about the Landfill Oversight Subcommittee, and Chairman McDonald stated right now the Town's Board of Health was in charge of oversight on the landfill, and he is trying to determine how this Subcommittee can exist without getting in the way of the Board of Health.

Larry Beinema of Dennison Hill Road stated on 5/7/07 the previous Council Chairman had established this oversight subcommittee, and that on 9/10/07 the current Council Chairman stated this was a "standing committee that had not yet met." Mr. Beinema stated the current Chairman stated on 10/29/07, in a response to a question from Mr. Buxton, Chairman McDonald had stated he would contact the committee from last year to see who they wanted to continue. Mr. Beinema stated he wanted this Subcommittee formed to oversee the landfill and to oversee the recycling effort. Chairman McDonald stated if this committee is formed it would be brought back to the full Council for approval

John Pulawski from Jennison Street stated in the past two months there had been a minor leachate spill which took too long to report, and should also be reported to others as well as the Landfill Monitor. Mr. Pulawski stated he had a number of polyps on the back of his throat from spending 45 minutes at the sight this summer doing a filming, because of the spikes in hydrogen sulfide. Mr. Pulawski stated there is a public way 60 feet from one of the flares at the landfill. Mr. Carlisle described the process for scrubbing out the hydrogen sulfide. Mr. Carlisle stated if Mr. Pulawski had documented evidence of 15 ppm of hydrogen sulfide hitting the atmosphere he should report this to the DEP immediately.

Bob Checkosky of Janet Ave stated the recent disciplinary hearing had been an embarrassment for the Town of Southbridge, and he described why he felt this way. Mr. Checkosky stated a motion should have been made for termination of the Town Manager, to end this matter, one way or the other, once and for all. Mr. Checkosky stated he wanted the last vote taken at the disciplinary hearing to be rescinded, to allow the Town Manager to continue in his job without fear of further reprisals.

Agenda Item #8. Vote to accept and sign the Warrant for February 5, 2008, Presidential Primary. A motion was made by Councilor O'Brien, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote Agenda items #9 through #20, minus #18, as one item. Vote by show of hands, all in favor.

Agenda Item #9 through #20, minus #18. Vote to return the following to their respective positions as Citizen Members on Town Council Subcommittees: Ronald Daoust, Gabriel LaFleche, Maurice Capistrand, Mark Morin, Daniel Fiorelli, Gregory Kalis, Holly Christo, Elizabeth Gendreau, George Parent, Larry Beinema, and David Langevin. A motion was made by Councilor Chernisky, seconded by Councilor King, to approve the above appointees. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Appointments are approved.

Agenda Item #18. Vote to confirm the re-appointment of Evelyn Petrelli as a Citizen Member to the Planning and Development Subcommittee for a six-month term to expire June 30, 2008. A motion was made by Councilor Chernisky, seconded by Councilor King, to table this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote to table passes.

Agenda Item #21. Pursuant to Town Charter Chapter 4-2-4 vote to confirm the Town Manager's appointment of Esteban Carrasco, Jr. as a Permanent Police Officer for the Town of Southbridge for an indefinite term. A motion was made by Councilor King, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes. Mr. Carrasco stated he was born and raised here, and went to school here, and it was an honor to serve here in Southbridge.

Chairman McDonald called for a recess at 8 p.m. The meeting resumed at 8:13 p.m.

Agenda Item #22. Vote to accept the bid form Hull Forest Products in the amount of $24,093.47 for the sale of timber at the Torrey Road site. A motion was made by Councilor King, seconded by Councilor Chernisky, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #23. Vote to accept the attached Town Manager's policy for disposal of earth, logs, and related by-products as presented at the DPW Subcommittee meeting of December 12, 2007 until February of 2008. A motion was made by Councilor Chernisky, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #24. Vote to accept the Petition for Repairs to a Private Way as submitted by the abutters to Fox Run 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 Lazo, seconded by Councilor King, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #25. Vote to appropriate $215,000.00 from Solid Waste Services Enterprise Fund Retained Earnings Account to fund the Pleasant Street Paving Rehabilitation Project Capital Account. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #26. Vote to ratify the Agreement with A.F. Amorello & Sons, Inc. in the amount of $211,450.00 for the Pleasant Street paving rehabilitation. A motion was made by Councilor King, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #27. Vote to ratify a Goods and Services Agreement with Alfred L. Brown Associates in the amount of $5,675.49 for the replacement of the pump and motor at the Mass Ave. water tank. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #28. Vote to ratify Amendment #4 to the Agreement with Chas. H. Sells, Inc. in the amount of $16,200.00 for various bridge and roadway design projects. A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #29. Vote to authorize the Town Manager to send a letter to the Charlton Water Search Committee stating that the Town is willing to enter into discussions regarding a regionalized water district. A motion was made by Councilor Chernisky, seconded by Councilor King, to vote this item.

A lengthy discussion was held by several Town Councilors, as well as the Town Manager, as well as Citizens Kevin Buxton and John Gatti.

Councilor O'Brien made a motion to amend Agenda Item #29 so that it invites the parties in Charlton who had sent the inquiry for available water to Southbridge to come and present to the full Council. This motion to amend was seconded by Councilor Lazo. Vote by roll call, Councilors in favor: O'Brien and Vandal. Councilors opposed: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, and Regis. Motion to amend fails.

Agenda Item #29 (as originally written, above). Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, Regis, and Vandal. Councilors opposed: O'Brien. Vote passes.

Agenda Item #30. Vote to authorize the Town Manager to dispose of surplus Town property identified as follows:

DPW
A small trash pump (engine inoperable)
Small mud suction pump (engine inoperable)
Slide-in-sander for small pickup truck
Old paint machine
1985 Chevy C30 VIN-1GBG34M1FJ178009 Odometer 91,641
1992 Plym. Acclaim VIN-1P3XA46KONF21576 Odometer 107,841

POLICE
1994 Crown Victoria VIN 2FACP71W4PX182064 Odometer 120,442
1994 Crown Victoria VIN 2FALP71WORX197812 Odometer 162,410
1996 Crown Victoria VIN 2FALP71W8PX106342 Odometer 109,007
1997 Crown Victoria VIN 2FALP71W3VX198388 Odometer 141,040
1994 Honda Accord VIN 1HGCB7699PAD96786 Odometer 65,270
1985 Chevrolet Pick Up VIN 1GCHD3IJ5FF38489 Odometer 11,582
(Diesel - can't find parts to repair)

FIRE
1985 Ford E-350 Ambulance VIN 1FDKE30L0FHA87457

A motion was made by Councilor Chernisky, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #31. Vote to amend the vote taken on August 27, 2007 Agenda Item No. 31 by increasing the borrowing from $80,000.00 to $105,000.00 as follows: Vote to authorize the Town Manager to proceed with the procurement process to purchase a Fire Department Forestry/Brush Truck and to fund this purchase that $105,000.00 is appropriate for the purpose of financing the purchase of a Fire Department Forestry/Brush Truck including without limitation all the costs to furnish and equip the vehicle and that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $105,000.00 and issue bonds or notes therefore under Sections 7 and/or 8 of Chapter 44 of the General Laws, or any other enabling authority; that such bonds or notes shall be general obligations of the Town of Southbridge

2/3 Roll Call Vote Required

A motion was made by Councilor Lazo, seconded by Councilor O'Brien, to vote this item.

Councilor Lazo asked why the amount went up so much, and Mr. Carlisle stated the original appropriation wasn't enough to cover the fair bid process. Councilor King asked how often this piece of equipment would be used. Councilor Vandal asked if the equipment would be fully equipped at this price, and Interim Fire Chief Dick Ciesla stated it would.

Vote by roll call, Councilors in favor: Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Councilors opposed: Chernisky, King. Vote passes.

Agenda Item #32. Pursuant to Town Charter Chapter 10-2-1 vote to ratify a Goods and Services Agreement with Fire Tech and Safety of New England in the amount of $102,120.00 for a 2008 Ford F550 Crew Cab 4x 4 Diesel with Wildland Fire Apparatus Body and Pump. A motion was made by Councilor O'Brien, seconded by Councilor Lazo, to vote this item. Vote by roll call, Councilors in favor: Chernisky, King, Lazo, Livengood, McDonald, Nikolla, O'Brien, Regis, and Vandal. Vote passes.

Agenda Item #33. Councilors' Forum

Councilor Chernisky stated he had read articles in the paper about the Town Clerk's office being compliant with open meeting laws, and he had heard complaints about doors being locked, and Councilor Chernisky stated the ones complaining all know how to get in the building, and know about the official calendar for meetings.

A recess was held from 9:17 to 9:27 p.m. to change the video tape.

Councilor King stated he had the utmost confidence in the Town Hall departments .

Councilor King stated he was tired of people deriding the Town of Southbridge because of the landfill.

Councilor O'Brien asked about the railroad material near the Crane Street location, and Mr. Carlisle stated he would look into it.

Councilor Regis said she was glad State Rep Alicea had visited to acknowledge the Town Clerk's achievement. Councilor Regis stated Southbridge was fortunate to have knowledgeable people working for the Town, and this included the three DPW workers who had recently received awards

Councilor Regis provided information about various insurance options for town vehicles.

Councilor Lazo complimented the DPW for their work with the recent snowstorms, and he complimented the Fire Department for dealing with the recent fire on Coombs Street. Councilor Lazo complimented the "Cooking with Max" cooking show on the public access channel. Councilor Lazo also complimented George Parent for the recent children's event at the Armory. Councilor Lazo asked about the old Christmas displays which had been contributed by United Lens.

Councilor Vandal stated he had received many calls from irate taxpayers about the amount of their rate increase.

B N

Agenda Item #34. Discussion of the next meeting date. Councilor Lazo recommended 1/28/08 at 7 p.m., seconded by Councilor Chernisky. Vote by show of hands all in favor.

A motion was made to adjourn by Councilor Lazo, seconded by Councilor Chernisky. The meeting adjourned at 9:38 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk

Return to top of page
Return to Home Page
Return to previous page

© Copyright 2008 Town of Southbridge, Massachusetts. All rights reserved in all media.