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Southbridge Town Council Meeting Minutes

Minutes of Meetings, 2005

TOWN COUNCIL MEETING, MONDAY, DECEMBER 19, 2005

A meeting of the Southbridge Town Council was held on Monday, December 19, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:01 p.m.

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

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT:

Town Council. Councilors present: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal.

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE DECEMBER 5, 2005 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

  • a. General Government. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.
  • b. Department of Public Works. Councilor Lazo read the minutes of the 12/6/05 meeting.
  • c. Education and Human Services. Councilor Langevin stated there were no minutes to read and no meeting was scheduled.
  • d. Planning and Development. Councilor Vandal stated there was a meeting scheduled for 1/3/06 at 7 p.m. in the Rice Conference Room.
  • e. Protection of Persons and Property. Councilor Ferron read the minutes of the 12/8/05 meeting. He corrected an error in the minutes, where in Agenda Item #2 it was stated to recommend to full Council to make Caron Street a one-way street. The vote actually was to approach the abutters and return this item to subcommittee for further discussion.
  • f. Town Manager. Councilor Marcucci read the minutes of the 12/13/05 meeting.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated he wanted discussion of utility extensions and a contract for the IBI Group for a transportation study to go to Planning and Development Subcommittee for discussion.

Chairman Chernisky stated Robin Webber was working on a grant opportunity, and he had drafted a sample letter from the Town Council in support of this. Chairman Chernisky asked the Councilors to review the letter with the idea of providing it to Mrs. Laporte in the Town Manager's office to put on the Town's letterhead, for Council signature. Councilor McDonald made a motion to vote on sending the sample letter as currently written, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor. Chairman Chernisky gave the letter to Town Manager Carlisle for preparation.

Councilor Chernisky stated he was concerned about the lawsuit being filed by the School Department against the Town. He stated he was under the impression with the new era of cooperativity, this had gone away, and he was disappointed it had not gone away. Chairman Chernisky asked Councilor Langevin to hold a meeting of the Education and Human Services subcommittee to discuss this with the School Department.

Chairman Chernisky stated anyone going to the Massachusetts Municipal Association meeting needed to tell Mrs. Laporte soon, so she could make arrangements.

Chairman Chernisky stated he hoped everyone supported the local sports teams.

Chairman Chernisky wished everyone a Merry Christmas and Happy New Year.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the Melanson and Health audit had been completed, with Town balances completed, and these figures had been sent to the Department of Revenue and had been reviewed by them.

Mr. Carlisle stated the School Committee was proceeding with their Superior Court case against the Town. Mr. Carlisle described the case, and stated despite many requests for the School Department to discontinue the case, they have chosen to move ahead quickly and call for summary judgment against the Town. Mr. Carlisle stated Town attorneys Kopelman and Paige had responded, and the germaine documents were before the court.

AGENDA ITEM #7. CITIZENS' FORUM

No citizens wished to speak.

AGENDA ITEM #8. VOTE TO REAPPOINT CLAYTON R. CARLISLE AS TOWN MANAGER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JULY 28, 2007 AND TO RATIFY THE EMPLOYMENT AGREEMENT WITH CLAYTON R. CARLISLE AS TOWN MANAGER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item.

Councilor Lazo stated he could not support this at this time, as there were too many issues he wanted answered. He stated the Town Manager evaluation should be done before approving any new contract with the Town Manager.

Councilor Marino stated he would not support this appointment as there were many issues he disagreed with, including when Wood Recycling went bankrupt and the Town could have taken over the landfill, the Town Manager accepted a check from Casella without asking the Council what to do. Councilor Marino stated a donation for Town Common improvements had gone without action, and the Council had yet to vote on a law firm for the Town. Councilor Marino stated the evaluation for the Town Manager should come first.

Councilor Langevin stated he would be supporting this contract. He stated when Mr. Carlisle took over the Town it was in a huge mess, and he had to revamp the financial team. Councilor Langevin stated Mr. Carlisle had accepted a one year contract with no increases, and financial prudence starts at the top.

AGENDA ITEM #8. VOTE - BY ROLL CALL - COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. MOTION PASSES.

AGENDA ITEM #9. VOTE TO CONFIRM THE APPOINTMENT OF STEVEN M. BELLEROSE AS A PERMANENT FULL-TIME POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE EFFECTIVE JANUARY 15, 2006. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item.

A discussion was held regarding the merits of maintaining service within the Police Department versus saving the Town money by not filling this position.

AGENDA ITEM #9. VOTE - BY ROLL CALL - COUNCILORS IN FAVOR: FERRON, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: CHERNISKY AND LANGEVIN. COUNCILORS ABSTAINING: MARCUCCI. MOTION PASSES.

AGENDA ITEM #10. VOTE TO AMEND THE VOTE TAKEN MAY 23, 2005 AGENDA ITEM NUMBER 12 FY 2006 BUDGET BY REDUCING THE S.W.C.R.V.S.D. (BAY PATH) ASSESSMENT FROM $1,082,864.00 TO $1,049,827.00; A REDUCTION OF $33,037.00. A motion was made by Councilor McDonald, seconded by Councilor Langevin. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #11. VOTE TO AMEND THE VOTE OF JUNE 20, 2005, AGENDA ITEM #14 TO REDUCE THE SOUTHBRIDGE PUBLIC SCHOOLS UNEMPLOYMENT COMPENSATION APPROPRIATION ACCOUNT FROM $676,472.00 TO $356,472.00; A REDUCTION OF $320,000.00. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

Discussion was held. Chairman Chernisky called for recess at 8:08 p.m. The meeting resumed at 8:15 p.m.

AGENDA ITEM #11. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #12. VOTE TO USE THE FY 2006 CERTIFIED FREE CASH OF $800,000 TO REDUCE THE FY 2006 TAX LEVY. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

Chairman Chernisky stated once this vote was taken the tax rate will be able to be set.

AGENDA ITEM #12 VOTE - BY ROLL CALL - COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #13 VOTE TO ESTABLISH THE TAX CLASSIFICATION OF 1.00 FOR TAX PURPOSES. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Principal Assessor Cournoyer gave a presentation which described finalizing the tax rate and tax classification. Mr. Cournoyer stated the Board of Assessors recommended adopting 1.00 as the tax classification.

AGENDA ITEM #13. VOTE - BY ROLL CALL - COUNCILORS IN FAVOR: CHERNISKY, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: FERRON. MOTION PASSES.

AGENDA ITEM #14. VOTE TO ADOPT VARIED CLASSIFICATIONS OF PROPERTY FOR TAX PURPOSES INCLUDING OPEN SPACE DISCOUNT AND RESIDENTIAL EXEMPTION. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE - BY ROLL CALL - COUNCILORS IN FAVOR: FERRON. COUNCILORS OPPOSED: CHERNISKY, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION FAILS.

AGENDA ITEM #15. VOTE TO ADOPT A SINGLE TAX RATE FOR ALL CLASSES OF PROPERTY. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 8 in favor, 1 opposed. Motion passes.

AGENDA ITEM #16. VOTE TO CONFIRM THE RE-APPOINTMENT OF PAUL TREMBLAY TO THE HISTORICAL COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #17. VOTE TO CONFIRM THE APPOINTMENT OF STEVEN BRADY TO THE LOCAL HISTORIC DISTRICT STUDY COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR AN INDEFINITE TERM. A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote this item. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #18. VOTE TO AMEND THE PARKING REGULATION FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00122 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "HANDICAP PARKING ONLY" ZONE BEGINNING AT A POINT APPROXIMATELY 30 FEET +/- NORTH OF THE INTERSECTION OF DRESSER STREET, THENCE NORTHERLY A DISTANCE OF 20 FEET. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Councilor Ferron stated perhaps the Town could put handicapped parking in front of the Town Hall as well. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #19. VOTE TO RATIFY AMENDMENT NUMBER FIVE TO THE CONTRACT WITH CAMP DRESSER MCKEE (CDM) FOR LANDFILL MONITORING SERVICES IN THE AMOUNT OF $45,400.00. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item.

Councilor Ferron asked why with a Landfill Monitor in place the Town needed Camp, Dresser, and McKee. Mr. Carlisle stated this service was paid from the Landfill Enterprise Fund. Mr. Carlisle stated the contract was being reviewed to cut down on the number of inspections. Mr. Carlisle stated when this was discussed with a number of Town boards including General Government subcommittee, it was determined to not cut this out completely, but to give the Landfill Monitor another resource at the landfill and to slowly reduce the amount of time spent doing this.

Councilor Lazo asked why in the contract language the landfill operator was described as Wood Recycling, Inc., and not Casella Waste Systems. Mr. Carlisle stated with Casella's purchase of WRI's shares of stock, it had taken WRI over and left the company intact.

Councilor Langevin stated Camp, Dresser, and McKee had become stagnant lately, and repetitious. Councilor Langevin stated he had faith in Ms. Smith, and would not support this item.

Councilor Marino asked if the Landfill Monitor had a desk at the landfill. Chairman Chernisky stated her office was at the Town Hall. Mr. Carlisle stated she does not have an office at the landfill, and she works everywhere. Mr. Carlisle stated a significant amount of the Landfill Monitor's time is spent at the landfill.

AGENDA ITEM #19. VOTE - BY ROLL CALL - COUNCILORS IN FAVOR: CHERNISKY, FERRON, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: LANGEVIN, LAZO, MARINO, AND VANDAL.

AGENDA ITEM #20. VOTE TO RATIFY A CONTRACT WITH CONSTANCE M. PION D/B/A ALPINE CONSTRUCTION AND THE TOWN OF SOUTHBRIDGE FOR EQUIPMENT HIRE FOR SNOW PLOWING AND/OR SNOW REMOVAL. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

Councilor Ferron stated in some instances the Town overuses contractors. Councilor Lazo stated the Town didn't have to use them, but they can be on call. Mr. Carlisle stated having more related to better service.

AGENDA ITEM #20. Vote by show of hands, 9 to 0 unanimous in favor.

AGENDA ITEM #21. COUNCILORS' FORUM

Councilor Nikolla asked if the Town could do anything about the family living in their car in the Big Y parking lot. Mr. Carlisle stated there were limitations regarding the Town moving people along.

Councilor Marcucci wished everyone a Merry Christmas and happy holiday.

Councilor Vandal asked if the buildings the Town was selling had been appraised. Mr. Carlisle stated no, and he was following the suggestion of the Town Council to use the appraisal of the Board of Assessors, especially with the 70 Foster Street property.

Councilor Vandal asked if the Boys and Girls Club was relocating. Mr. Carlisle stated the BGC had been in the facility at Brochu Street, and were now looking for a new location. Councilor Vandal stated they could go into the 70 Foster Street property, as the BGC would pay rent.

Councilor Vandal wished everyone a Merry Christmas and a Happy New Year.

Councilor McDonald wished everyone a Merry Christmas and a Happy New Year.

Councilor Marino asked when the scales at the landfill would start registering in the Town Hall. Mr. Carlisle stated the Landfill Monitor had been in touch with a number of companies, and he expected the Landfill Monitor would be able to bring forward a bid for the software and installation, to make active that type of monitoring. Mr. Carlisle stated as soon as this was ready he would bring it forward to the Town Council, and he expected this to gel within the next month.

Councilor Marino wished everyone a Merry Christmas and a Happy New Year.

Councilor Lazo stated he had received a call from a businessman who had donated money for Christmas lights at the Town Common. Councilor Lazo stated this businessman had offered to pay the electricity for these lights, and was upset there were no lights at the Common. Mr. Carlisle stated he had found no record of this $10,000, but that he had found Mr. DiGregorio had donated the very nice display. Mr. Carlisle stated last year the DPW was left to do the lights on Main Street, and no volunteers had come forward this year, with no Downtown Partnership action on this behalf. Councilor Lazo asked since the lights were up, why couldn't the Town just throw the switch. Mr. Carlisle stated there was some wind damage in the fall to some of the light strands. Mr. Carlisle stated there had also been someone unknown who had beat on the junction boxes, and unless these were thoroughly inspected by an electrician then the Town would be creating a public danger by turning them on.

Councilor Lazo stated the Town should sell the 70 Foster Street building.

Councilor Lazo thanked Anna Smith for answering his question about the smell from the landfill potentially causing asthma. Councilor Lazo stated the smell was putrid on Worcester Street, and the report from Mrs. Smith was very enlightening but didn't answer the question about asthma. Mr. Carlisle stated studies had been undertaken at three sites and certain levels were considered under the threshold for causing asthma. Mr. Carlisle stated monitoring would continue.

Councilor Lazo wished everyone a Merry Christmas and a Happy New Year.

Councilor Langevin wished everyone a Merry Christmas and a Happy New Year.

Councilor Ferron explained why he had voted against the tax figures, stating the Town Council had not done everything in its power to attract business and keep tax rates as low as possible.

Councilor Ferron there had been digging at the landfill, and whatever it was that was being dug up might be the source of the latest smell.

Councilor Ferron stated he had spoken with a City Councilor from Fall River, Massachusetts, and was told they were making $14,000 a year to serve as Councilors. Councilor Ferron wished all Councilors a Merry Christmas, and stated it was a tough job being a Councilor.

AGENDA ITEM #22. DISCUSSION OF THE NEXT MEETING DATE. Councilor McDonald recommended 1/9/06 as the next meeting date, seconded by Councilor Langevin. Vote by show of hands, all in favor.

AGENDA ITEM #23. VOTE TO ENTER EXECUTIVE SESSION TO CONSIDER THE PURCHASE, EXCHANGE, TAKING LEASE, OR VALUE OF REAL PROPERTY. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to enter into Executive Session. VOTE - BY ROLL CALL - COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. The meeting entered Executive Session at 9:16 p.m. The meeting returned from Executive Session at 10:48 p.m.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Nikolla, to adjourn the meeting. Vote by show of hands, unanimous in favor.

The meeting adjourned at 10:48 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, MONDAY, DECEMBER 5, 2005

A meeting of the Southbridge Town Council was held on Monday, December 5, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:06 p.m.

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

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT:

Town Council. Councilors present: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal.

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

November 21, 2005 - regular meeting. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, unanimous in favor.

November 28, 2005 - joint with the School Committee. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to accept these minutes. Prior to the vote Chairman Chernisky corrected the minutes to reflect State Treasurer Tim Cahill, rather than Attorney Cahill as written on page #3. Vote by show of hands, 7 in favor, 2 abstaining (Lazo and Marino).

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

  • a. General Government. Councilor McDonald stated there were no minutes to read and no meeting was scheduled. He stated he was awaiting word from the Bylaw Review Committee to schedule another meeting.
  • b. Department of Public Works. Councilor Lazo stated there was a meeting scheduled for 12/6/05 at 7 p.m. in the Rice Conference Room.
  • c. Education and Human Services. Councilor Langevin stated there were no minutes to read and no meeting was scheduled.
  • d. Planning and Development. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
  • e. Protection of Persons and Property. Councilor Ferron stated there was a meeting scheduled for 12/8/05 at 7 p.m. in the Rice Conference Room.
  • f. Town Manager Subcommittee. Chairman Chernisky stated he would add this report to future Town Council meetings.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated he had received information from Robin Webber about an available grant for public schools. Chairman Chernisky stated the grant required letters of support from government, business, and the citizens. He asked if anyone wanted to get involved to contact him or Ms. Webber.

Chairman Chernisky stated he was concerned about the finances. He stated he wanted to move forward in a rapid manner to get the DPW in their new facility, so the Town could sell the old buildings on Foster and Pleasant Streets. Chairman Chernisky stated the building on Marcy Street could be sold, as well as other small pieces of property. He asked for a renewed vigor in this area, with these one time revenues helping with the FY07 budget until other renewable moneys are realized by the Town.

Chairman Chernisky stated there was a resident in Town whose private property had been damaged by the installation of the new roadway. Chairman Chernisky stated even if the Town's insurance stated the Town did not owe for repairs, the Town should pay for repairs if it did the damage.

Chairman Chernisky introduced Veteran's Agent Michael Trombley. Mr. Trombley introduced the following veterans of the War with Iraq: Sergeant Kenneth Melendez; Sergeant Donald Altiery, Sergeant Antonio Gonzalez; and SFC Mary Lamothe. Mr. Trombley stated Sergeant Craig Bouchard was also recently returned from Iraq, but was still processing out in New Jersey and couldn't attend. Chairman Chernisky read a proclamation from the Town and presented a copy to each veteran. Mr. Trombley presented a veteran's medal from the Town to each.

Chairman Chernisky stated on 12/8/05 at 11:30 a.m., at Radius Health Care, he and Mike Trombley would be recognizing the four remaining citizens in town over the age of 100, three of whom resided at Radius and the other at Quaboag Nursing Home, where they would be going later to visit.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated on 5/20/06 the Tri-Community Chamber of Commerce was going to holding a community festival, on a Saturday in the Downtown area, to promote local businesses. Mr. Carlisle stated this festival would include a parade, and when details come out he would pass them on. Mr. Carlisle stated the Police Chief would make sure the streets were properly secured for the festival and parade.

Mr. Carlisle stated the Town side was honing the details of its budget, and the School Committee was moving forward with their FY07 budget. Mr. Carlisle stated as far as school's technology, this was something that could be bonded.

AGENDA ITEM #7. CITIZENS' FORUM

No citizens wished to speak.

AGENDA ITEM #8. VOTE TO TRANSFER THE SUM OF $5,120 FROM DPW OPERATIONAL SALARIES ACCOUNT TO JACOB EDWARDS LIBRARY SALARIES AND WAGES PERMANENT FULL-TIME EMPLOYEES ACCOUNT. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE BY SHOW OF HANDS, 9 TO 0 UNANIMOUS IN FAVOR.

AGENDA ITEM #9. VOTE TO REMOVE FROM THE TABLE AGENDA ITEM NO. 13 FROM THE TOWN COUNCIL MEETING OF MARCH 28, 2005 THAT READS AS FOLLOWS: VOTE TO TRANSFER FROM THE STABILIZATION FUND THE AMOUNT OF $10,000.00 FOR PROFESSIONAL APPRAISAL, PLANNING AND SURVEYING SERVICES IN ORDER TO MAXIMIZE THE VALUE OF THE PARCEL (ALPINE DRIVE, ASSESSORS MAP 107, LOT 8) SUCH AMOUNT TO BE ADMINISTERED BY THE TOWN MANAGER. A motion was made by Councilor Marcucci, seconded by Councilor Langevin, to vote this item.

Councilor Marino stated he didn't feel this amount should be administered by the Town Manager. Councilor Marino stated there were other properties that could be sold, and he would rather sell them than sell this piece of land. He stated the Council should not take this off table, and should save the Town the $10,000. Councilor Marino stated the Wells Foundation had years ago planted trees in this area, and to have this pristine area ruined by condos would be a shame. Councilor Marino stated he had heard Cohasse Country Club was getting this property through an RFP, and the fairest way to do it would be by giving it to the highest bidder. Chairman Chernisky stated at subcommittee it had been discussed determining the best use of this property for the Town. Councilor Marino stated the best use of this land was to leave it the way it is.

Councilor Marcucci asked about how this land would be disposed. Mr. Carlisle stated in a similar manner to the Town property at 61 Chestnut Street, the only way allowed by law was to the highest bidder, with a request for proposal (RFP). Mr. Carlisle stated the RFP allowed the Town to place certain terms in the sale agreement, and highest bidders meeting all the terms were awarded the purchase. Mr. Carlisle stated the method was to set up the RFP, then advertise in the central register and the local paper. Mr. Carlisle stated this had to be an open and fair sale, with a sealed bid rather than an auction. Mr. Carlisle stated regarding this property Alpine Drive had the longest stretch of frontage for this parcel. Mr. Carlisle stated there was small frontage on Eastford Road, as well as abutting of the Country Club Blvd cul-de-sac for about 300 to 400 feet. Mr. Carlisle stated if approved the Town would go with the highest bidder who conforms with the RFP.

Councilor Marcucci asked about the use of the $10,000. Mr. Carlisle stated it would be used to have a study to determine the best and most profitable use of the land. Mr. Carlisle described required legal research, and professional survey of the property. Mr. Carlisle stated the results would be brought back to the Council. Councilor Marcucci stated it was a beautiful piece of property, and a large area of green space. She stated she didn't want to be too aggressive, particularly if there other parcels of property the Town could sell.

Councilor Lazo asked if $10,000 was the standard fee for an appraisal. Mr. Carlisle stated $10,000 was his estimate to cover the work required. Councilor Lazo stated the land was pristine, and the Town did need the money, but also that the Town had other properties it could sell.

Councilor Vandal stated to keep this area green, and keep it in the Town's portfolio for perhaps a later date.

Councilor Nikolla asked the Town Manager if this was the largest property the Town owned. Mr. Carlisle stated there were some 1,500 acres of property that came with the purchase of the water company, of which some was part of the watershed. Mr. Carlisle stated there were Town holdings up near the landfill and the airport, with other isolated holdings throughout the town.

Councilor Marino stated in other communities there was an effort to preserve open spaces, and he didn't want the opposite to happen here where open land was sold for development. Councilor Ferron stated he wanted everyone to remember when taxes go up, that the Town did not do things to improve revenue such as selling excess land.

Councilor McDonald stated if the revenue from this land could not be used in the general fund, then by selling the land the Town couldn't use the money anyway. He stated there was too much uncertainty about the receipts from this sale. Councilor Marino stated this land cost the Town nothing to maintain.

Henry Simonelli of Chapin Street spoke, and stated if the land was used for a golf course, then the fertilizer used to maintain a golf course could potentially make its way to the water supply.

Chairman Chernisky stated the motion would allow for study to determine the best use of the land.

AGENDA ITEM #9. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN. COUNCILORS OPPOSED: LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION FAILS.

AGENDA ITEM #10. VOTE TO TRANSFER FROM THE TOWN COUNCIL RESERVE THE AMOUNT OF $10,000.00 FOR PROFESSIONAL APPRAISAL, PLANNING AND SURVEYING SERVICES IN ORDER TO MAXIMIZE THE VALUE OF THE PARCEL (ALPINE DRIVE, ASSESSORS MAP 107, LOT 8), SUCH AMOUNT TO BE ADMINISTERED BY THE TOWN MANAGER. Chairman Chernisky stated this item would now be passed over.

AGENDA ITEM #11. VOTE THE FOLLOWING: RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF SOUTHBRIDGE SUPPORTS THE DEVELOPMENT OF THE SOUTHBRIDGE INDUSTRIAL PARK.

Roll call vote

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

Chairman Chernisky stated this was a separate issue from the development of an access road off of Worcester Street.

Councilor Marino stated everyone was in favor of an industrial park, but this park would need access from somewhere else, and it would give the people on Pleasant Street more traffic.

Councilor Langevin asked if he could vote on this item without conflict of interest, and Mr. Carlisle stated he could not see any appearance of conflict of interest based on Councilor Langevin's residence on Worcester Street.

Michael Loin of Everett Street, who runs an architectural design firm in town, stated he had many customers come to him looking for industrial land in Southbridge. He stated he was forced to steer these customers to surrounding towns due to the lack of usable industrial zoned land in Southbridge. Councilor Marino asked Mr. Loin about the availability of buildings in the old American Optical complex, and Mr. Loin stated these were mostly inadequate due to obsolescence of the buildings.

AGENDA ITEM #11. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #12. VOTE TO AMEND ARTICLE XI - BUILDING REGULATIONS OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY DELETING SECTION 8 IN ITS ENTIRETY AND REPLACE IT WITH THE FOLLOWING NEW SECTION 8.

SECTION 8. That a building permit fee for the Town of Southbridge be charged as herein listesd:

Fees are determined at $7.00 per thousand of estimated cost of construction, with the following minimum fees:

NEW SINGLE FAMILY HOMES$500 MINIMUM
FOUNDATIONS$100(additional to cost of permit)
ADDITIONS$100 MINIMUM
RENOVATIONS/ALTERATIONS$100 MINIMUM
GARAGE$ 75 MINIMUM
DEMOLITION OF BUILDINGS$100 MINIMUM
MOVING OF BUILDINGS $ 25 MINIMUM
SHED$ 25 MINIMUM
POOLS (in ground or above)$ 25 MINIMUM
DECKS/PORCHES/SUNROOMS$ 50 MINIMUM
VINYL SIDING$ 25 MINIMUM
RE-ROOFING$ 25 MINIMUM
WINDOWS$ 25 MINIMUM
CHIMNEYS$ 25 MINIMUM
SIGNS$ 25 MINIMUM
TENTS$ 25 EACH
WORK TRAILERS$ 50 EACH
CARNIVALS $ 50
ALL OTHER PERMITS$ 25 MINIMUM

COMMERCIAL, INDUSTRIAL, BUSINESS OR MULTI-FAMILY (anything over one family) Permit fees are based upon $7.00 per $1,000 for estimated cost of construction with a $100 minimum.

NOTE: There will be a charge of $25.00 for every re-inspection necessitated due to faulty or illegal work or uncompleted work which constitutes a violation of the Mass. Building Code.

Municipal owned buildings erected or altered, must obtain the necessary permit and shall be done only by licensed individuals; unless approved by the Building Commissioner. Such fees may be waived from the permit fee; but they are still subject to the appropriate inspections by the Building Department.

Third (Final) Reading

Chairman Chernisky made this third reading. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

AGENDA ITEM #12. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #13. VOTE TO AMEND ARTICLE XII - PLUMBING REGULATIONS OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING A NEW SECTION AS FOLLOWS:

SECTION 3. Fees

NEW DWELLING

  • Plumbing Fees: $85.00 for 3 insp. (underground, rough, final)
  • Gas Fees: $60.00 for 2 insp.

Permit fees for all residential type of plumbing and gas permits are calculated as follows:

  • $25.00 per inspection with a $10.00 application fee

Permit fees for all non-residential and multi-family (anything over one family) type of plumbing and gas permits are calculated as follows:

  • $25.00 per inspection with a $10.00 application fee plus $5.00 per fixture

RE-INSPECTION FEES:

A re-inspection fee of $25.00 will be applied if an inspection is called for and the Inspector is unable to get in or work is not done in accordance with the State Plumbing Code and /or the State Fuel Gas Code.

Plumbing contractor must make arrangements for all inspections.

Municipal owned buildings erected or altered, must obtain the necessary permit and shall be done only by licensed individuals. Such fees may be waived from the permit fee; but they are still subject to the appropriate inspections by the Plumbing Inspector.

Third (Final) Reading

Chairman Chernisky made this third reading. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item.

AGENDA ITEM #13. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #14. VOTE TO AMEND ARTICLE XIII - WIRING REGULATIONS OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING A NEW SECTION AS FOLLOWS:

SECTION 8. Fees

No work in connection with any electric wiring system shall be concealed until it has been inspected. The inspector must be notified in writing or by phone when all connections are placed in position for rough wiring, and again when the job is completed for finish inspection. All work must comply with the latest rules and regulations set forth by the Commonwealth of Massachusetts in accordance with the requirements of the Massachusetts Electrical Codes.

RESIDENTIAL PERMIT FEE SCHEDULE

New House (with service)$125.00
New Service or Service Upgrades$ 50.00 plus $10.00 per meter
Temporary Service$ 35.00
Oil and Gas burners$ 50.00
Major Appliances, Air Conditioners and Well Pumps$ 35.00
Alterations, Additions, and Repairs$ 50.00
Rewire Old House$ 75.00
Garages and Barns$ 50.00
Swimming Pools$ 50.00
Fire or Burglar Alarm Systems & All other Lo Voltage Systems$ 50.00

COMMERCIAL, INDUSTRIAL, BUSINESS OR MULTI-FAMILY (anything over one family) ESTIMATED ELECTRICAL COST To include all electrical cost (labor & material) - $50.00 per thousand up to $10,000.00, $ 2.00 per thousand thereafter. $50.00 Minimum on all Commercial/Industrial Fees

NOTE** There will be a charge of $25.00 for every re-inspection necessitated due to faulty or illegal installations of wiring which will not meet all the requirements of the Massachusetts Electrical Codes, or if the inspector has to return due to work not completed at the time of inspection.

Third (Final) Reading

Chairman Chernisky made this third reading. A motion was made Councilor McDonald, seconded by Councilor Langevin, to vote this item.

AGENDA ITEM #14. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #15. VOTE TO AMEND THE SOUTHBRIDGE ZONING BYLAW THAT WOULD AMEND THE TOWN OF SOUTHBRIDGE ZONING MAP AS FOLLOWS:

  • 1. Rezone an area on Guelphwood Road comprised of the northerly section of Map 22, Lot 180, and the small northeastern corner of Map 28, Lot 1B, currently zoned heavy Industrial, to Light Industrial, and
  • 2. Rezone the southerly portion of Map 22, Lot 180, currently zoned Single Family Residential, to Light Industrial.

Third (Final) Reading

Chairman Chernisky made this third reading. A motion was made by Councilor Vandal, seconded by Councilor Ferron, to vote this item.

AGENDA ITEM #15. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #16. COUNCILORS' FORUM

Councilor Ferron stated many of the sidewalks were not salted or sanded, and he wanted to make sure tickets were being issued for this, as the earlier people know the better for clearing sidewalks.

Councilor Langevin thanked the Town Manager and Casella Waste Systems for the extra week of leaf pickup.

Councilor Lazo stated he had read the 10/13/05 Board of Health meeting minutes, where it was mentioned there was a high count of asthma in the Town of Southbridge. He stated he wanted the air tested at the landfill, to find out if this was the cause of the increased asthma.

Councilor Marino stated he wanted an Executive Session meeting for an update on past Executive Session meetings. Chairman Chernisky stated this would occur at the 12/19/05 meeting.

Councilor Marino stated there was a nice Christmas tree in the lobby of the Town Hall.

Councilor Vandal stated he was glad Elm Street was finally completed, and he feels it is a great road.

AGENDA ITEM #17. Discussion of the next meeting date. Councilor McDonald recommended December 19, 2005 as the next meeting date, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor.

AGENDA ITEM #18. Adjournment. Motion was made to adjourn by Councilor McDonald, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor. The meeting adjourned at 8:16 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


JOINT TOWN COUNCIL/SCHOOL COMMITTEE TOWN OF SOUTHBRIDGE, MASSACHUSETTS MEETING, MONDAY, NOVEMBER 28, 2005

A joint meeting of the Southbridge Town Council and the Southbridge School Committee was held on Monday, November 28, 2005, in the Library of the Mary Wells Middle School. Chairman Chernisky called the meeting to order at 6:38 p.m.

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

AGENDA ITEM #2. ROLL CALL. COUNCILORS PRESENT:

Town Council. Councilors present: Chernisky, Ferron, Langevin, Marcucci, McDonald, Nikolla, and Vandal. Councilors absent: Lazo and Marino.

School Committee. Members present: DiGregorio, Dominko, Jovan, Lazo, Logan, Prencipe, and Woodruff.

AGENDA ITEM #3. CHAIRMAN'S ANNOUNCEMENTS -

Chairman Chernisky. Town Council Chairman Chernisky stated the purpose of the meeting was to fulfill the promise made to convene together regularly, and to have an open and frank discussion of school issues, and to reveal preliminary budget assessments, to avoid problems in May of 2006.

Chairman Jovan. School Committee Chairman Jovan welcomed the Town Councilors to Wells Middle School, and stated he was glad to have the meeting in the school to allow Councilors to see the condition of the school. Mr. Jovan stated the School Superintendent was presenting the school district turnaround plan in Boston the next day to the Department of Education, with an assessment of school technology, curriculum, and budgets. Mr. Jovan stated he believed the School Department was moving in the right direction, but that it took resources to do this.

School Superintendent Dr. Hanley stated one reason for meeting at the Wells Middle School was to show the state of the school's technology. Principal Bliss of the Wells Middle School provided a tour of the computer center and a classroom.

AGENDA ITEM #4. LOCAL GOVERNMENT INITIATIVE

Chairman Chernisky gave out a flyer describing a program that encouraged local government partnership with the schools. Dr. Hanley stated she thought it was a good idea. Councilor Langevin stated he could hold an Education and Human Services Subcommittee meeting on this after everyone had a chance to look at it.

AGENDA ITEM #5. DISCUSSION OF SCHOOL DEPARTMENT ISSUES - DR. HANLEY

- Technology. Dr. Hanley described the sad state of all the schools' computers, and rated the biggest need in the Wells Middle School, then West Street School, then Southbridge High School, then Charlton Street School, then Eastford Road School. Councilor Marcucci asked how much it would cost to update the computers at Wells. Dr. Hanley stated it would cost about $500,000.00. Dr. Hanley said a capital plan for technology could be done. Dr. Logan asked what percentage of this estimated cost is for software/hardware, and Dr. Hanley said the majority of the cost is not for software. Mr. Lazo stated it might be possible to roll any wiring requirements into any new building project down the road. Dr. Dominko stated it would probably be cheaper to forego the wiring and use wireless technology, which might be cheaper, and was transportable in the event at had to be moved to a new school. Mr. Carlisle stated one method to do this might be to borrow the money for the technology upgrade, each year borrowing to cover the cost of one of the five schools, and continually pay the bond and continually renew each schools' technology every five years. Councilor Ferron asked if the $500,000.00 projected cost might be lowered. Mr. Jovan stated a plan from the School side could be brought to a Council subcommittee for review.

- Budget FY06/FY07. Dr. Hanley stated she had asked her principals to develop a level funded budget, which she called the level 1 budget. She stated once this was determined she asked them to develop a level 2 budget, which she defined as including those things that needed to be brought back to the school which had been cut, keeping in mind the Town's financial constraints. Dr. Hanley stated this had been discussed at a meeting, and she had gained a general consensus of the overall priorities. She stated this is the budget she is bringing forward to the School Committee, the Town Council, and the Town Manager. Dr. Hanley stated without financial resources the School Department could not move forward. Dr. Hanley stated Southbridge was one of eight underperforming school districts in the State, and she was trying to provide a budget that was fiscally responsible. Dr. Hanley stated enrollment in the Southbridge schools had gone from 3,500 approximately six years ago to the current level of 2,400.

AGENDA ITEM #6. DISCUSSION OF THE FY 2007 DRAFT BUDGET - CLAYTON CARLISLE

Town Manager Carlisle provided a sheet that outlined the current projections for the FY06 and FY07 budgets. Mr. Carlisle stated if the Town were to apply the maximum allowable increase in property taxes to the FY06 budget, then the Town would still be about $250,000 short of a balanced budget, which might be an optimistic forecast and was dependent on approval of the maximum allowable tax increase. Mr. Carlisle stated FY2007 was going to be worse. He stated it was very difficult to project that far, but looking at FY07 the Town might need an additional $2,500,000.00 more than the maximum allowable tax receipts of about $13,347,288.00. Mr. Carlisle recommended applying any cash available to the FY06 tax recap and then seeking relief through a joint override that would serve the entire Town. Mr. Carlisle stated work was being done with Casella Waste Systems to improve the contract, but this would take awhile. Mr. Carlisle stated he had looked at selling off two parcels of land associated with the Town's watershed, but this discussion was tabled at the moment. Mr. Carlisle stated he had looked at the wide range of opportunities with Casella. Mr. Carlisle stated there are more projects that can be brought forward to supplement the general fund. Mr. Carlisle stated to get through FY07 there needed to be joint workings of the school side and the town side, and it was better to deal with mutual issues now rather than later.

Councilor Ferron stated hopefully there is another answer other than a Proposition 2 1/2 override, because he didn't think it would happen. Councilor Nikolla stated any attempt at a Proposition 2 1/2 override had to be presented as a Town-wide benefit, and to raise the focus on Town services as a reason for the override. Mr. Lazo stated the schools were the community's biggest problem, and the area of Town services that needed the most help.

Chairman Chernisky stated if in the future the Town was able to get State aid for building a new school, then the Town would need an override at that point to finance its share of the project. Chairman Chernisky stated other possible revenue sources, as follows: Selling the land from the Town's watershed; providing the industrial park with water, sewer, and electricity and attracting tenants to increase tax revenues; and exploring ways of extracting more money from the Town's landfill operation. Chairman Chernisky stated the two boards needed to meet on a regular basis. He stated volunteers could be asked to come in and help with general maintenance.

Mr. Carlisle asked Mr. Lazo to come up with a time line for when the School Building Committee will have a plan, with rate of reimbursement, etc.

AGENDA ITEM #7. CHAIRMAN'S CLOSING STATEMENTS

School Committee Chairman Jovan thanked all for coming, and stated other Town department heads should be present at these meetings as well.

Town Council Chairman Chernisky thanked everyone for coming, and thanked Mr. Bliss for the use of his school. He stated the boards would meet again in March. Chairman Chernisky stated he was trying to schedule a meeting with Attorney Cahill's office to find out about school building funding from the State.

A motion was made to adjourn by Councilor Marcucci, seconded by Councilor Ferron. Vote by show of hands, unanimous in favor. The meeting adjourned at 9:35 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE TOWN COUNCIL MEETING, MONDAY, NOVEMBER 21, 2005

A meeting of the Southbridge Town Council was held in the Robert MacKinnon Council chambers on Monday, November 21, 2005. Chairman Chernisky called the meeting to order at 7:00 p.m.

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

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

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

  • a. November 7, 2005 - regular meeting. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to approve these minutes. Vote by show of hands, unanimous in favor.

  • b. November 16, 2005 - Council of the Whole. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to approve these minutes. Vote by show of hands, unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

  • a. General Government. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

  • b. Department of Public Works. Councilor Lazo stated there were no minutes to read, and he would be holding a meeting about filling a position within the DPW.

  • c. Education and Human Services. Councilor Langevin read the minutes of the 11/14/05 meeting. He stated there was a joint meeting of the Town Council and the School Department on 11/28/05, at 6:30 p.m. at the Wells Middle School, and the public was invited.

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

  • e. Protection of Persons and Property. Councilor Ferron read the minutes of the 11/7/05 meeting.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky reminded everyone that on 12/7/05 the Planning Board would be holding a public hearing about increasing the required lot size for building a single or two-family home in Southbridge. Chairman Chernisky stated the Planning Board was looking for Councilors' input.

Chairman Chernisky stated a joint meeting of the Southbridge Town Council and the School Committee was being held on November 28, 2005, at 6:30 p.m., in the Wells Middle School.

Chairman Chernisky wished everyone a happy and safe Thanksgiving.

Chairman Chernisky stated the Junior Pee Wee football team had won the Division 1 Super Bowl the day prior. Chairman Chernisky introduced Coach Scott Lazo, who described the season and its success. He thanked many who were involved with the effort. Coach Lazo thanked his staff of coaches and his players, and introduced the coaches and players.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the Toys for Tots Program was alive and well, with a basket for collection in the Town Hall. He stated he hoped people could contribute to this cause.

Mr. Carlisle stated the hazardous waste day at the landfill, held the Saturday prior, was a tremendous success. He stated the amount of paint taken in was double the amount the previous time. He thanked the schools for sending home notices about this event.

Mr. Carlisle stated the bond issue of $7.3 million had been accepted, and the Town had been able to secure a low rate of 4.0% on the entire borrowing. Mr. Carlisle thanked Town Accountant Harnois and Town Treasurer Ernst for their work on this bond issue.

Mr. Carlisle stated the Massachusetts Emergency Management Agency (MEMA) was opening an office in Sturbridge, at the Public Safety Building of the Sturbridge Police Deparment, on 11/29/05, to assist people who have called the 1-800-621-FEMA number. Mr. Carlisle stated this was a disaster resource center (DRC), to help people move through the process of getting a loan or grant to get their homes restored.

Mr. Carlisle stated on 11/7/05 FEMA announced, as did the Federal Government, that municipalities in Worcester County were now eligible to apply. Mr. Carlisle stated he was hoping the Worcester County conference could be held in Southbridge. He stated he had offered the Town for this, and he believed it would be the week of 11/28/05.

Mr. Carlisle and Mrs. Harnois came to the podium, to take part in discussion of the Town's FY06 and FY07 budget projections. Mr. Carlisle stated this discussion would also introduce the need to speak with the School Committee.

Mrs. Harnois gave a recap of the FY06 budget. Mr. Carlisle stated the projected FY07 budget was based on level funding, minus one time receipts from FY06. Mr. Carlisle stated the one time revenues of FY06 were gone, having been used to balance the budget last time and to avoid layoffs. Mr. Carlisle stated going forward there was a projected $150,000 in growth rate, plus the maximum allowable 2.5% increase allowed in taxes. Mr. Carlisle stated assuming no change in State aid the tax levy would be about $13,600,000, and all the Town could raise was $13,350,000. Mr. Carlisle stated therefore the Town was about $250,000 short going into the FY07 planning. Mr. Carlisle stated it would not turn out this way, as there was a 30% increase in Blue Cross, meaning a jump of about $550,000 in costs for health care. Mr. Carlisle stated the Town's retirement fund was about 50% funded, and this needed to be corrected by the year 2028; hence, the Town needed to contribute about $200,000 more a year, for the years to come. Mr. Carlisle stated there was no way to foresee what services in this budget would have to be removed for FY07, and how bad it would be in FY07, and changes that needed to be made needed to be worked out in the next several weeks and into January, with the schools involved as well.

Councilor Marcucci asked how sure Mr. Carlisle was of the figures. Mr. Carlisle stated there were no new areas of revenue which had not already been discussed with the Council. Mr. Carlisle stated the Town's books had closed on 6/30/05 and had been audited by the accounting firm Melanson and Heath, for certification of free cash. Mr. Carlisle stated he believed free cash would be around $650,000.

Mr. Carlisle stated by the middle of December he hoped to have the balances to bring back for vote, and then to apply the balances to try to drive down the tax rate. Mr. Carlisle stated the Town owed the State reimbursement on overpayment of State SPED reimbursement money, and this amount owed was deducted directly from the Town's free cash.

Mr. Carlisle stated in August the Bay Path school department had voted to lower the Town's assessment by $32,000, which needed to be voted by the Council.

Mr. Carlisle stated the Stabilization Fund stands at about $919,000, and the current projection uses some of this money as the Council sees fit.

Mr. Carlisle summarized as follows: Between FY06 and FY07 the Town be able to get $300,000 additional revenue. He stated the Town was able to scratch out $100,000 because of the premium rate of 4.0% on the bond issue. Mr. Carlisle stated unemployment claims against the Town had been dropping steadily as teachers got new jobs. He stated because of this he believed about $300,000 could be voted out of the unemployment insurance account and used to drive down the tax levy. Mr. Carlisle stated there was a small margin in free cash of about $100,000, which totals about $800,000 which could be taken off the $2.3 million as the deficit currently stands, to bring this to $1.5 million.

Chairman Chernisky asked Mr. Carlisle if this meant a $1.5 million tax increase, and Mr. Carlisle said yes. Chairman Chernisky asked if this meant a tax increase of approximately 14%, and Mr. Carlisle said yes. Chairman Chernisky asked to clarify that the projected budget shortfall for FY07 was going to be between $1 million and $2 million, on top of the current $1.5 million shortfall, and Mr. Carlisle stated this was so.

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

AGENDA ITEM #8. VOTE TO RATIFY THE FOLLOWING CONTRACTS FOR SNOW AND ICE OPERATIONS:

  • James W. Latour
  • Jeremy MacLachlan
  • Jason Tretheway

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

AGENDA ITEM #9. VOTE TO RATIFY THE CONTRACT WITH ALPINE INDUSTRIAL, INC. IN THE AMOUNT OF $12,000.00 FOR CUSTODIAL SUPPLIES FOR THE SOUTHBRIDGE SCHOOL DEPARTMENT. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #10. VOTE TO RATIFY THE CONTRACT WITH SAFEWAY TRAINING AND TRANSPORTATION SERVICES INC. IN THE AMOUNT OF $9,900.00 FOR SCHOOL TRANSPORTATION SERVICES. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Councilor Marino asked if this goes to bid, and Mr. Carlisle stated yes. Vote by show of hands, unanimous in favor.

AGENDA ITEM #11. VOTE TO RATIFY AN AMENDMENT IN THE AMOUNT OF $64,780 TO THE CONTRACT WITH AA TRANSPORTATION FOR SCHOOL TRANSPORTATION SERVICES. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #12. VOTE THE FOLLOWING RESOLUTION: THAT THE TOWN COUNCIL SUPPORT THE DEMOGRAPHIC STUDY NEEDED BY THE SCHOOL DEPARTMENT, INCLUDING OFFERING FINANCIAL SUPPORT UP TO $10,000.00 FOR THE STUDY. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item.

Councilor Marino asked what the demographic study would give the Town. Mr. Carlisle stated the demographic study is the only way the existing high school can be tested to see if it is adequate or inadequate to be rejuvenated. Mr. Carlisle described what the study would provide. Chairman Chernisky stated it would help determine the feasibility of returning to neighborhood schools. Councilor Marino stated a lot of this work should be left up to the Building Committee or the School Committee. Councilor Ferron described this as a good faith effort on the part of the Town, to help with the School side.

Agenda Item #12. Vote -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, McDonald, Nikolla, and Vandal. Councilors opposed: Marino. Motion passes.

AGENDA ITEM #13. VOTE TO RATIFY THE CONTRACT WITH COMMUNITY REVITALIZATION CONSULTANTS IN THE AMOUNT OF $34,500.00 FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE DOWNTOWN FAÇADE IMPROVEMENT PROGRAM. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote - by roll call - Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, McDonald, Nikolla, and Vandal. Councilors opposed: Marino. Motion passes.

AGENDA ITEM #14. VOTE TO AMEND ARTICLE XI - BUILDING REGULATIONS OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY DELETING SECTION 8 IN ITS ENTIRETY AND REPLACE IT WITH THE FOLLOWING NEW SECTION 8.

SECTION 8. That a building permit fee for the Town of Southbridge be charged as herein listesd:

Fees are determined at $7.00 per thousand of estimated cost of construction, with the following minimum fees:

NEW SINGLE FAMILY HOMES$500 MINIMUM
FOUNDATIONS$100(additional to cost of permit)
ADDITIONS$100 MINIMUM
RENOVATIONS/ALTERATIONS$100 MINIMUM
GARAGE$ 75 MINIMUM
DEMOLITION OF BUILDINGS$100 MINIMUM
MOVING OF BUILDINGS $ 25 MINIMUM
SHED$ 25 MINIMUM
POOLS (in ground or above)$ 25 MINIMUM
DECKS/PORCHES/SUNROOMS$ 50 MINIMUM
VINYL SIDING$ 25 MINIMUM
RE-ROOFING$ 25 MINIMUM
WINDOWS$ 25 MINIMUM
CHIMNEYS$ 25 MINIMUM
SIGNS$ 25 MINIMUM
TENTS$ 25 EACH
WORK TRAILERS$ 50 EACH
CARNIVALS $ 50
ALL OTHER PERMITS$ 25 MINIMUM

COMMERCIAL, INDUSTRIAL, BUSINESS OR MULTI-FAMILY (anything over one family) Permit fees are based upon $7.00 per $1,000 for estimated cost of construction with a $100 minimum.

NOTE: There will be a charge of $25.00 for every re-inspection necessitated due to faulty or illegal work or uncompleted work which constitutes a violation of the Mass. Building Code.

Municipal owned buildings erected or altered, must obtain the necessary permit and shall be done only by licensed individuals; unless approved by the Building Commissioner. Such fees may be waived from the permit fee; but they are still subject to the appropriate inspections by the Building Department.

Second Reading

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

AGENDA ITEM #15. VOTE TO AMEND ARTICLE XII - PLUMBING REGULATIONS OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING A NEW SECTION AS FOLLOWS:

SECTION 3. Fees

NEW DWELLING

  • Plumbing Fees: $85.00 for 3 insp. (underground, rough, final)
  • Gas Fees: $60.00 for 2 insp.

Permit fees for all residential type of plumbing and gas permits are calculated as follows:

  • $25.00 per inspection with a $10.00 application fee

Permit fees for all non-residential and multi-family (anything over one family) type of plumbing and gas permits are calculated as follows:

  • $25.00 per inspection with a $10.00 application fee plus $5.00 per fixture

RE-INSPECTION FEES:

A re-inspection fee of $25.00 will be applied if an inspection is called for and the Inspector is unable to get in or work is not done in accordance with the State Plumbing Code and /or the State Fuel Gas Code.

Plumbing contractor must make arrangements for all inspections.

Municipal owned buildings erected or altered, must obtain the necessary permit and shall be done only by licensed individuals. Such fees may be waived from the permit fee; but they are still subject to the appropriate inspections by the Plumbing Inspector.

Second Reading

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

AGENDA ITEM #16. VOTE TO AMEND ARTICLE XIII - WIRING REGULATIONS OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING A NEW SECTION AS FOLLOWS:

SECTION 8. Fees

No work in connection with any electric wiring system shall be concealed until it has been inspected. The inspector must be notified in writing or by phone when all connections are placed in position for rough wiring, and again when the job is completed for finish inspection. All work must comply with the latest rules and regulations set forth by the Commonwealth of Massachusetts in accordance with the requirements of the Massachusetts Electrical Codes.

RESIDENTIAL PERMIT FEE SCHEDULE

New House (with service)$125.00
New Service or Service Upgrades$ 50.00 plus $10.00 per meter
Temporary Service$ 35.00
Oil and Gas burners$ 50.00
Major Appliances, Air Conditioners and Well Pumps$ 35.00
Alterations, Additions, and Repairs$ 50.00
Rewire Old House$ 75.00
Garages and Barns$ 50.00
Swimming Pools$ 50.00
Fire or Burglar Alarm Systems & All other Lo Voltage Systems$ 50.00

COMMERCIAL, INDUSTRIAL, BUSINESS OR MULTI-FAMILY (anything over one family) ESTIMATED ELECTRICAL COST To include all electrical cost (labor & material) - $50.00 per thousand up to $10,000.00, $ 2.00 per thousand thereafter. $50.00 Minimum on all Commercial/Industrial Fees

NOTE** There will be a charge of $25.00 for every re-inspection necessitated due to faulty or illegal installations of wiring which will not meet all the requirements of the Massachusetts Electrical Codes, or if the inspector has to return due to work not completed at the time of inspection.

Second Reading

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

AGENDA ITEM #17. VOTE TO AMEND THE SOUTHBRIDGE ZONING BYLAW THAT WOULD AMEND THE TOWN OF SOUTHBRIDGE ZONING MAP AS FOLLOWS:

  • 1. Rezone an area on Guelphwood Road comprised of the northerly section of Map 22, Lot 180, and the small northeastern corner of Map 28, Lot 1B, currently zoned heavy Industrial, to Light Industrial, and
  • 2. Rezone the southerly portion of Map 22, Lot 180, currently zoned Single Family Residential, to Light Industrial.

Second Reading

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

AGENDA ITEM #18. COUNCILORS' FORUM

Councilor Vandal asked about yard debris collection by Casella, and why this program can't be extended. Mr. Carlisle stated the current contract was for May and October curbside collection, and next year this might be changed. Mr. Carlisle stated there was still a site at Southbridge Tire on Dresser Hill Road. Councilor Vandal stated when the DPW picks up Christmas trees he wanted them also to take yard debris.

Councilor Vandal stated he was getting frustrated with the Camp, Dresser, and McKee reports. Councilor Vandal stated there needed to be a roundtable discussion of the Southbridge Town Council to determine if the Town wanted to continue their services.

Councilor Vandal stated people were still outraged about the water and sewer rates, and this needed to be revisited.

Councilor McDonald stated he was concerned about the progress of work on Elm Street. He stated also the traffic lights in Town don't operate normally as they do in any other community.

Councilor Marino stated in addition to scale monitoring at the landfill he hoped work would start soon on getting cameras in place as well.

Councilor Marino stated he wanted to go back into Executive Session to talk about the landfill operations.

Councilor Lazo stated the bonfire kicking off Spirit Week at Southbridge High School was a big success. He thanked everyone who had helped with this effort.

Councilor Lazo wished all a Happy Thanksgiving. He asked everyone to come out and support the Southbridge High School football team against archrival Bartlett.

Councilor Langevin stated it would be a good faith gesture by Casella to extend the leaf pickup for one more week, and he wanted the Town Manager to ask Casella to extend this one more week.

Councilor Langevin stated a man had asked him if there could be a crosswalk installed on Maria Ave near the TAG Housing community center.

Councilor Langevin stated the Town needed to look into the workings of the traffic lights, as they are ridiculous.

Councilor Langevin wished all a Happy Thanksgiving.

Councilor Ferron stated he wanted Casella to help with leaf disposal, and maybe the answer was to open a hotline for people to call for pickup.

Councilor Ferron stated with the landfill monitor in place for the Town the CDM reports were redundant, and he felt the report was not helpful.

Councilor Ferron stated with Elm Street, there was no way the snowplows could clean this street now with the existing potholes, and he wanted a paving date for Elm Street.

Councilor Ferron wished his wife and daughter a happy birthday, and everyone else a happy Thanksgiving.

Councilor Langevin stated in the report from the Town's landfill monitor there were reports of unlicensed haulers showing up at the landfill, and he wanted the Town Manager to look into this.

Councilor Nikolla asked about conditions at the Animal Control Facility. Mr. Carlisle stated the town is always delighted to help animals, and perhaps hours could be posted at the Town's pound for potential adoption of pets.

Councilor Marcucci stated if haulers are attempting to use the Town's landfill without proper licensing, then the Board of Health should impose fines for this activity, and also should impose a fine on the landfill operator for allowing this activity.

Councilor Vandal asked why the new landfill monitor was involved in contract negotitations with Casella. Mr. Carlisle stated her input was vital, as she has immediate and direct contact with Casella Waste Systems, as does Bruce Haskell of CDM.

Councilor Vandal asked why there was a Town Manager Subcommittee meeting the following day at 2 p.m., instead of in the evening. Councilor Marcucci stated it was only time she was available, and anything recommended at this subcommittee would go to full Council for final approval.

Chairman Chernisky stated the prior year's curbside leaf pickup was in May and November, and he didn't know why it was now May and October. He stated he was in favor of extending the pickup period, and to give everyone proper notification about pickup services.

Chairman Chernisky stated regarding Elm Street, the street wasn't widened as stated, and something needed to be said about this.

A motion was made to recommend the Board of Health to devise a fine schedule for haulers without license using the Town's landfill, and a fine for the landfill operator for allowing unlicensed haulers to use the landfill. This motion was made by Councilor Marcucci, seconded by Councilor Ferron. Discussion was held. Vote by show of hands, unanimous in favor

Agenda Item #19. Discussion of the next meeting date. Councilor McDonald made a motion for 12/5/05 as the next meeting date, seconded by Councilor Nikolla. Vote by show of hands, unanimous in favor.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor.

The meeting adjourned at 8:56 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE TOWN COUNCIL MEETING, MONDAY, NOVEMBER 7, 2005

A meeting of the Southbridge Town Council was held on Monday, November 7, 2005, in the Robert MacKinnon Council Chamber. Chairman Chernisky called the meeting to order at 7:00 p.m.

AGENDA ITEM #1. PLEDGE OF ALLEGIANCE - CUB SCOUT PACK #160 Members and adult leaders of Cub Scout Pack #160 led the everyone present in the Pledge of Allegiance.

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

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE OCTOBER 24, 2005 MEETING. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to accept these minutes. VOTE BY SHOW OF HANDS, 8 TO 0 IN FAVOR, COUNCILOR MARCUCCI ABSTAINS.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

  • a. General Government. Councilor McDonald read the minutes of the 11/1/05 subcommittee meeting. He stated he was awaiting word from the By-Law Review Committee to schedule a date later in the month.
  • b. DPW. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
  • c. Education and Human Services. Councilor Langevin stated there was an important school committee meeting the following night, regarding building projects and renovations. Councilor Langevin thanked the School Superintendent and the Principal of Wells Middle School for allowing him to tour the facilities. He stated there would be discussion in December to talk about ways to improve the buildings.
  • d. Planning and Development. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
  • e. Protection of Persons and Property. Councilor Ferron read the minutes of the 10/25/05 meeting.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated the annual Massachusetts Municipal Association (MMA) meeting was coming up. He stated this was a valuable course, and he hoped all Councilors would attend, and he urged all Councilors to let Mrs. Laporte know of their plans so that their attendance could be arranged.

Chairman Chernisky stated he had received the feasibility study regarding the old train rails in the town, from the Quinebaug Rail Society. He stated after everyone read this study he would be calling a meeting to bring together the rail trail advisory committee and the Southbridge Trail Committee to discuss this.

Councilor Chernisky stated curbside pickup of leaves and yard debris was being extended through the end of this week. Councilor Nikolla stated the dumpsters for accepting yard debris at Southbridge Tire on Dresser Hill were full, and Mr. Carlisle stated he would look into this.

Chairman Chernisky stated he was asking the Town Manager to ask the Landfill Monitor to look more closely into difficult to manage (DTM) items going into the landfill. Mr. Carlisle stated these items were normally saved until Saturday to dispose of, and a lot of it did get into the landfill.

James Sottile, the Vice Commandant of the South Central Massachusetts Marine Corps League, described the Marines' involvement with Toys for Tots. He stated drop-off points for donations were at the Town Hall, the Police Department, the Fire Department, the Hotel and Conference Center, and at Southbridge Savings Bank. He stated any donations could be sent to Marine Corps League, P.O. Box 336, Southbridge.

Chairman Chernisky congratulated DPW Director Hamer Clarke for recently being named as Chairman of the Board of Directors at Harrington Memorial Hospital.

Chairman Chernisky presented Fire Chief Laporte. Chief Laporte described how Lieutenants James Philbrook and Jeffrey Mathieu from the Southbridge Fire Department had volunteered for deployment to help the victims of Hurricanes Katrina and Wilma. Chief Laporte stated Lts. Philbrook and Mathieu had worked in processing some 20,000 people affected by the disaster. Chief Laporte stated he was proud they had represented the Town, and their experience was useful in helping the Town deal with its own recent flooding. Chairman Chernisky presented to Lts. Philbrook and Mathieu a distinguished service award on behalf of the Town. Lts. Philbrook and Mathieu each thanked everyone for allowing them to volunteer for this mission.

Councilor Marcucci thanked Cub Scout Pack #160 for coming in again this year, and stated it was a pleasure having them in.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated the winter parking ban would be in effect again this year from 12/1/05 to 4/1/06. He stated the regulations would be available at the Town Hall and would also be posted on the local access channel.

Mr. Carlisle stated there was an unclaimed, uncashed check which had been written by the Town of Oxford to the Town of Southbridge, as advertised in a recent edition of the Southbridge Evening News. Mr. Carlisle stated the Town Treasurer had looked into this, and it was for $75 and was for the School Department. He stated this check would be recovered. Mr. Carlisle stated as well there was an uncashed checked owed from Harrington Memorial Hospital for $1,000, and this would be recovered as well.

Mr. Carlisle stated on 11/19/05 the landfill would be holding another hazardous waste collection day, and the details could be obtained from the Town Hall.

Mr. Carlisle stated Senator Moore and Representative Carron were still working on the Armory building reimbursement from the State, and this was working its way through the State House floor, as well as home rule petitions from the 351 towns in the Commonwealth, as well as language which would determine that Southbridge was a Town.

Mr. Carlisle described the United Way fund drive that was in place, and the Town's participation in this effort.

Mr. Carlisle stated St. Mary's Church, Southbridge Savings Bank, and the owner of the old California Fruit Company building were still working in the interests of those Southbridge citizens who had been displaced by the recent flooding, and he urged anyone to contribute via the bank, or to drop off donations at the California Fruit Company building, on Saturday from 9 a.m. to 4 p.m.

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

AGENDA ITEM #8. PRESENTATION BY CUB SCOUT PACK #160.

Scout Leader Michelle Southall presented Cub Scout Pack #160, who gave everyone on the Town Council a plate of treats, and she wished everyone a happy holiday season. Councilor Langevin thanked them on behalf of the entire Council.

AGENDA ITEM #9. VOTE TO AMEND THE MINUTES OF SEPTEMBER 12, 2005, AGENDA ITEM NO. 18 TO READ AS FOLLOWS: VOTE BY A SHOW OF HANDS, NINE IN FAVOR, MOTION PASSES. A motion was made by Councilor Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE BY SHOW OF HANDS, NINE IN FAVOR, MOTION PASSES.

AGENDA ITEM #10. VOTE TO AMEND ARTICLE XI - BUILDING REGULATIONS OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY DELETING SECTION 8 IN ITS ENTIRETY AND REPLACE IT WITH THE FOLLOWING NEW SECTION 8.

SECTION 8. That a building permit fee for the Town of Southbridge be charged as herein listesd:

Fees are determined at $7.00 per thousand of estimated cost of construction, with the following minimum fees:

NEW SINGLE FAMILY HOMES$500 MINIMUM
FOUNDATIONS$100(additional to cost of permit)
ADDITIONS$100 MINIMUM
RENOVATIONS/ALTERATIONS$100 MINIMUM
GARAGE$ 75 MINIMUM
DEMOLITION OF BUILDINGS$100 MINIMUM
MOVING OF BUILDINGS $ 25 MINIMUM
SHED$ 25 MINIMUM
POOLS (in ground or above)$ 25 MINIMUM
DECKS/PORCHES/SUNROOMS$ 50 MINIMUM
VINYL SIDING$ 25 MINIMUM
RE-ROOFING$ 25 MINIMUM
WINDOWS$ 25 MINIMUM
CHIMNEYS$ 25 MINIMUM
SIGNS$ 25 MINIMUM
TENTS$ 25 EACH
WORK TRAILERS$ 50 EACH
CARNIVALS $ 50
ALL OTHER PERMITS$ 25 MINIMUM

COMMERCIAL, INDUSTRIAL, BUSINESS OR MULTI-FAMILY (anything over one family) Permit fees are based upon $7.00 per $1,000 for estimated cost of construction with a $100 minimum.

NOTE: There will be a charge of $25.00 for every re-inspection necessitated due to faulty or illegal work or uncompleted work which constitutes a violation of the Mass. Building Code.

Municipal owned buildings erected or altered, must obtain the necessary permit and shall be done only by licensed individuals; unless approved by the Building Commissioner. Such fees may be waived from the permit fee; but they are still subject to the appropriate inspections by the Building Department.

First Reading

A motion was made by Councilor Ferron, seconded by Councilor Lazo, to accept the first reading of this item.

Councilor Nikolla asked if all contractors would be apprised of these changes. Chairman Chernisky stated a copy was available in the Inspections Office, and there would be two additional readings.

AGENDA ITEM #11. VOTE TO AMEND ARTICLE XII - PLUMBING REGULATIONS OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING A NEW SECTION AS FOLLOWS:

SECTION 3. Fees

NEW DWELLING

  • Plumbing Fees: $85.00 for 3 insp. (underground, rough, final)
  • Gas Fees: $60.00 for 2 insp.

Permit fees for all residential type of plumbing and gas permits are calculated as follows:

  • $25.00 per inspection with a $10.00 application fee

Permit fees for all non-residential and multi-family (anything over one family) type of plumbing and gas permits are calculated as follows:

  • $25.00 per inspection with a $10.00 application fee plus $5.00 per fixture

RE-INSPECTION FEES:

A re-inspection fee of $25.00 will be applied if an inspection is called for and the Inspector is unable to get in or work is not done in accordance with the State Plumbing Code and /or the State Fuel Gas Code.

Plumbing contractor must make arrangements for all inspections.

Municipal owned buildings erected or altered, must obtain the necessary permit and shall be done only by licensed individuals. Such fees may be waived from the permit fee; but they are still subject to the appropriate inspections by the Plumbing Inspector.

First Reading

A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept this first reading.

AGENDA ITEM #12. VOTE TO AMEND ARTICLE XIII - WIRING REGULATIONS OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING A NEW SECTION AS FOLLOWS:

SECTION 8. Fees

No work in connection with any electric wiring system shall be concealed until it has been inspected. The inspector must be notified in writing or by phone when all connections are placed in position for rough wiring, and again when the job is completed for finish inspection. All work must comply with the latest rules and regulations set forth by the Commonwealth of Massachusetts in accordance with the requirements of the Massachusetts Electrical Codes.

RESIDENTIAL PERMIT FEE SCHEDULE

New House (with service)$125.00
New Service or Service Upgrades$ 50.00 plus $10.00 per meter
Temporary Service$ 35.00
Oil and Gas burners$ 50.00
Major Appliances, Air Conditioners and Well Pumps$ 35.00
Alterations, Additions, and Repairs$ 50.00
Rewire Old House$ 75.00
Garages and Barns$ 50.00
Swimming Pools$ 50.00
Fire or Burglar Alarm Systems & All other Lo Voltage Systems$ 50.00

COMMERCIAL, INDUSTRIAL, BUSINESS OR MULTI-FAMILY (anything over one family) ESTIMATED ELECTRICAL COST To include all electrical cost (labor & material) - $50.00 per thousand up to $10,000.00, $ 2.00 per thousand thereafter. $50.00 Minimum on all Commercial/Industrial Fees

NOTE** There will be a charge of $25.00 for every re-inspection necessitated due to faulty or illegal installations of wiring which will not meet all the requirements of the Massachusetts Electrical Codes, or if the inspector has to return due to work not completed at the time of inspection.

First Reading

A motion was made by Councilor Langevin, seconded by Councilor Lazo, to accept this first reading.

At this point Chairman Chernisky called for a vote on the three preceding items.

AGENDA ITEM #10. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #11. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #12. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #13. VOTE TO AMEND THE SOUTHBRIDGE ZONING BYLAW THAT WOULD AMEND THE TOWN OF SOUTHBRIDGE ZONING MAP AS FOLLOWS:

  • 1. Rezone an area on Guelphwood Road comprised of the northerly section of Map 22, Lot 180, and the small northeastern corner of Map 28, Lot 1B, currently zoned Heavy Industrial, to Light Industrial, and
  • 2. Rezone the southerly portion of Map 22, Lot 180, currently zoned Single Family Residential, to Light Industrial.

First reading

A motion was made by Councilor Lazo, seconded by Councilor Langevin, to accept this first reading.

Councilor Chernisky stated this had been sent to the Planning Board, who had recommended approval.

AGENDA ITEM #13, VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #14. VOTE TO RATIFY THE CONTRACT WITH COMMUNITY REVITALIZATION CONSULTANTS IN THE AMOUNT OF $34,500.00 FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR ARCHITECTURAL AND DESIGN SERVICES FOR THE DOWNTOWN FAÇADEPROGRAM. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Councilor Vandal asked if this amount hadn't already been granted, and that for a two-month period this was a lot of money.

A motion was made to send this item to Planning and Development Subcommittee by Councilor McDonald, seconded by Councilor Lazo. Motion to send Agenda Item #14 to Planning and Development Subcommittee. Vote by show of hands, unanimous in favor.

AGENDA ITEM #15. COUNCILORS' FORUM

Councilor Marcucci congratulated Hamer Clarke for being named Chairman of the Board of Directors at Harrington Memorial Hospital. She thanked the efforts of firefighters going to Louisiana and Texas to help with the hurricanes, and all volunteers.

Councilor Vandal asked about the Town's leaf vacuuming equipment. Mr. Carlisle stated this was being deployed as time allowed.

Councilor Vandal asked about the pending price increase from Charter Cable. Chairman Chernisky stated a great effort had been exerted trying to suppress this increase, with petitions and letters to the Regulatory Commission, and requests for citizens to write letters. Chairman Chernisky stated the Regulatory Commission approved the increase.

Councilor Vandal stated the public felt the water and sewer bills were too high.

Councilor Vandal asked about the Southbridge police officer who will be training in Israel. Chairman Chernisky stated this police officer was going on his own time.

Councilor Vandal asked about the upcoming 11/19 hazardous waste day at the landfill, and why residents had to pay for certain items. Mr. Carlisle described the type of debris that can be put into the landfill and the costs of separating out items that cannot go into the landfill.

Councilor Vandal congratulated Hamer Clarke for his appointment as Chairman of the Board of Directors at Harrington Memorial Hospital.

Councilor Marino congratulated Mr. Clarke as well, for his appointment at Harrington Memorial Hospital.

Councilor Marino asked about details regarding the landfill, including provisions for the electrical service. He stated he had asked for reports pertaining to the Town's realized income from Casella, from the Town of Sturbridge for sewer service, and from the DOD. Councilor Marino stated he had received one report from Casella, and wanted these monthly. Mr. Carlisle stated he would ask the Town Treasurer to provide this local receipts and enterprise income information to Council.

Councilor Marino asked about the scale operation, and Mr. Carlisle stated the Town owns the scale, and the scalemaster is employed by Casella. Mr. Carlisle stated the highest priority of the landfill monitor is to work out electronic transmission of the scale information to the Town Hall. Mr. Carlisle stated the Landfill Monitor is working with a bid from several vendors, and the process is being worked toward. Councilor Marino asked about the hours worked by the Landfill Monitor, and Mr. Carlisle stated she picks her own times over a six-day period, including Saturday.

Councilor Lazo stated the dust control at the road reconstruction project at TAG and Therese Ave was bad, and the contractor working this job needed to be instructed to install dust control.

Councilor Lazo also congratulated Mr. Clarke on his recent appointment at Harrington Memorial Hospital.

Councilor Lazo stated the recent cleaning of a private vehicle at the Fire Station was not improper. He stated he had learned that the owner of the truck had volunteered its use to remove the large amount of leaves that had blown up against the garage doors of the Fire Station, and after doing this he used the hose to wash the residue from his windshields.

Councilor Langevin also congratulated Mr. Clarke for his recent appointment at Harrington Memorial Hospital.

Councilor Langevin asked the public to remember the U.S. veterans on the upcoming Veteran's Day.

Councilor Langevin stated he didn't believe the Town should get in the habit of picking up leaves on streets.

Councilor Ferron asked about the ceremony to rename Henry Street Field after Edgar McCann, and stated perhaps this could be done in conjunction with next year's little league parade.

Councilor Ferron also congratulated Mr. Clarke on his recent appointment at Harrington Memorial Hospital.

Councilor Ferron wished all a happy Veteran's Day.

Councilor Nikolla also congratulated Mr. Clarke on his recent appointment at Harrington Memorial Hospital.

Councilor Nikolla stated in her work in the insurance industry she noted an inordinate amount of auto accidents that occur on Veteran's Day. She asked everyone to be cognizant of this, and the number of children out of school and young adults driving on that day.

Councilor Vandal asked why the new Landfill Monitor was out inspecting Cohasse Street. Mr. Carlisle stated the landfill had incurred damage during the recent flooding, and he had named a group that was touring all the sites on behalf of the Town, and this group included DPW Director Clarke and Landfill Monitor Smith.

AGENDA ITEM #16. DISCUSSION OF NEXT MEETING DATE.

Councilor McDonald recommended 11/21/05 as the next meeting date, seconded by Councilor Lazo. Vote by show of hands, unanimous in favor.

AGENDA ITEM #17. VOTE TO ENTER EXECUTIVE SESSION FOR THE PURPOSE OF PREPARING FOR NEGOTIATIONS WITH NON-UNION PERSONNEL. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

The meeting entered executive session at 8:16 p.m.

The meeting returned from executive session at 9:28 p.m.

A motion was made to adjourn by Councilor Nikolla, seconded by Councilor Marcucci. Vote by show of hands, unanimous in favor.

The meeting adjourned at 9:28 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE TOWN COUNCIL MEETING, MONDAY, OCTOBER 24, 2005

A meeting of the Southbridge Town Council was held on Monday, October 24, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:06 p.m.

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

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

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE OCTOBER 3, 2005 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. Vote by show of hands, unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

  • a. General Government. Councilor McDonald stated he was rescheduling the canceled meeting from 10/17/05 to 10/31/05, at 7 p.m. in the Rice Conference Room.
  • b. Department of Public Works. Councilor Lazo had no minutes to read and no meeting was scheduled.
  • c. Education and Human Services. Councilor Langevin had no minutes to read and no meeting was scheduled.
  • d. Planning and Development. Councilor Vandal had no minutes to read and no meeting was scheduled.
  • e. Protection of Persons and Property. Councilor Ferron stated there would be a meeting on 10/25/05 at 7 p.m. in the Rice Conference Room, to discuss raising fees in the Inspections Department.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky spoke about the recent effort of the Town's Department of Public Works in the New England Snowplow Championship, stating they had won best in New England.

DPW Director Hamer Clarke spoke in the presence of many DPW members, and described how the competition had started on a local level and proceeded to state level, and culminated at the New England level, with the Town of Southbridge being named best in New England. Mr. Clarke thanked the entire department, and named Alexander Lesniewski and Michael Zuziak as the team that won. Chairman Chernisky read a proclamation by the Town of Southbridge for the team, and congratulated them on behalf of the town. Mr. Lesniewski thanked the DPW and the community for supporting the team.

Chairman Chernisky thanked Police Chief Charette for working with the State Police in bringing in a truck team, to help monitor speeding on Pleasant Street.

Chairman Chernisky thanked Representative Mark Carron for his support on the Molly Bish ID Program, which had been supported and endorsed by the entire Town Council.

Chairman Chernisky stated on 10/14/05 Congressman Neil, State Rep. Carron, and State Senator Moore had indicated the Town was receiving $800,000 for the rail trail.

Chairman Chernisky stated he had represented the Town at an economic summit at the Massachusetts Municipal Association, in an effort to get additional local aid to towns. Chairman Chernisky stated an additional $50 million in Chapter 90 funds to towns in the Bay State was the goal.

Chairman Chernisky stated Congressman Neal and State Senator Moore had been to the Town over the weekend of the flooding, and both pledged to support any rebuilding process.

Chairman Chernisky spoke about the recent flooding in the Town. He stated he was grateful no one had been seriously injured in the evacuation process. He thanked and named many people who were involved in helping out with the evacuation and relocation, and those who provided assistance to the newly homeless.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated he was glad to be back from Baton Rouge and his FEMA assignment. He stated he was particularly pleased the utility companies had worked so aggressively in getting services restored to Brookside Terrace. He also thanked those involved in the effort to restore normalcy to the lives of those displaced, and he urged the public to get involved in future efforts.

AGENDA ITEM #7. CITIZENS' FORUM

No citizens wished to speak.

AGENDA ITEM #8. VOTE TO AMEND THE MINUTES OF SEPTEMBER 26, 2005 AGENDA ITEM NUMBER 11 TO READ AS FOLLOWS: AGENDA ITEM #11. VOTE TO REQUEST THAT SENATOR MOORE AND REPRESENTATIVE CARRON SUBMIT THE FOLLOWING HOME RULE PETITION:

AN ACT AUTHORIZING THE TOWN OF SOUTHBRIDGE TO GRANT TEN ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES AND TWO ADDITIONAL LICENSES FOR THE SALE OF WINE AND MALT BEVERAGES NOT TO BE DRUNK ON THE PREMISES.

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 17 of Chapter 138 of the General Laws, the licensing authority of the Town of Southbridge may grant up to 10 additional licenses for the sale of all alcoholic beverages to be drunk on the premises and 2 additional licenses for the sale of wine and malt beverages not to be drunk on the premises under section 12 of said Chapter 138. The licenses shall be used throughout the Town in its economic development plan for revitalization and to promote economic vitality. The licenses shall be subject to all of said Chapter 138, except Section 17.

SECTION 2. This act shall take effect upon its passage.

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

Chairman Chernisky explained how this item was necessary because a clerical error had been made at the prior meeting, and this would correct this error.

AGENDA ITEM #8. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARINO, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: VANDAL. COUNCILORS ABSTAINING: LAZO. MOTION PASSES.

AGENDA ITEM #9. VOTE TO CONFIRM THE RE-APPOINTMENT OF ANTONIO TORTIS AS CONSTABLE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE OCTOBER 25, 2008. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #10. VOTE TO CONFIRM THE APPOINTMENT OF RENE E. TREMBLAY AS AN ALTERNATE MEMBER OF THE PLANNING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #11. VOTE TO AUTHORIZE THE TOWN COUNCIL TO SIGN THE BOND ANTICIPATION NOTES THAT WILL ISSUE ON NOVEMBER 3, 2005 AND MATURE ON DECEMBER 30, 2005, THE BOND ANTICIPATION NOTES INCLUDE:

- DPW Facility$3,419,800.00
- Voting Equipment30,500.00
- Toro Groundmaster Mower47,000.00
- Ambulance140,000.00
- School Boiler40,000.00
- CAMA System102,200.00
- Municipal Financial Software 328,900.00
- School Boiler54,600.00
- Armory737,000.00
TOTAL$,4,900,000.00

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #12. VOTE THAT THE TREASURER IS AUTHORIZED TO FILE AN APPLICATION WITH THE MUNICIPAL FINANCE OVERSIGHT BOARD TO QUALIFY UNDER CHAPTER 44A OF THE GENERAL LAWS ANY OR ALL OF THE BONDS OF THE TOWN THAT ARE CURRENTLY AUTHORIZED AND UNISSUED AND TO PROVIDE SUCH INFORMATION AND EXECUTE SUCH DOCUMENTS AS THE MUNICIPAL FINANCE OVERSIGHT BOARD MAY REQUIRE FOR THESE PURPOSES.

Roll call vote required

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #13. VOTE TO TRANSFER FROM THE SCHOOL COMMITTEE FOR SCHOOL PURPOSES TO THE TOWN MANAGER FOR THE PURPOSE OF CONVEYANCE, A PARCEL OF LAND SHOWN AS "PARCEL S-1 8,119 Sq. Ft. 0.18 ACRES +" ON THE SKETCH PLAN ATTACHED HERETO, WHICH PARCEL IS PART OF THE TOWN-OWNED PROPERTY LOCATED ON EVERGREEN STREET, IDENTIFIED ON THE ASSESSORS MAP AS 028-001-B-0001, AND DESCRIBED MORE PARTICULARLY IN A DEED RECORDED WITH THE WORCESTER SOUTH DISTRICT REGISTRY OF DEEDS IN BOOK 18935, PAGE 304, AND FURTHER TO AUTHORIZE THE TOWN MANAGER TO CONVEY SAID PARCEL OF LAND ON SUCH TERMS AND CONDITIONS AND FOR SUCH MONETARY COMPENSATION AS THE TOWN MANAGER DEEMS IN THE BEST INTEREST OF THE TOWN. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #14. VOTE TO RATIFY THE CONTRACT WITH A.F. AMORELLO AND SONS INC. IN THE AMOUNT OF $271,704.00 FOR RESURFACING/REHABILITATION OF VARIOUS STREETS. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #15. VOTE TO RATIFY THE CONTRACT WITH A.A. TRANSPORTATION, INC. IN THE AMOUNT OF $7,380.00 FOR SPECIAL EDUCATION SUMMER BUS TRANSPORTATION. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #16. VOTE TO RATIFY THE CONTRACT WITH A.A. TRANSPORTATION, INC. IN THE AMOUNT OF $541,190.00 FOR REGULAR SCHOOL TRANSPORTATION AND $62,650.00 FOR KINDERGARTEN TRANSPORTATION. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR, COUNCILOR MCDONALD ABSTAINS.

AGENDA ITEM #17. VOTE TO RATIFY THE CONTRACT WITH A.A. TRANSPORTATION, INC., IN THE AMOUNT OF $1,049,744.00 FOR SPECIAL EDUCATION BUS TRANSPORTATION. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR, COUNCILOR MCDONALD ABSTAINS.

AGENDA ITEM #18. VOTE TO RATIFY THE CONTRACT WITH LAIDLAW TRANSIT, INC. IN THE AMOUNT $37,800.00 FOR PRIVATE SCHOOL TRANSPORTATION AND $175.00 FOR EACH SPECIAL EVENT OR ATHLETIC EVENT AND $35.00 PER HOUR AFTER 4 STANDARD HOUR, NOT TO EXCEED $50,000.00. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #19. VOTE TO RATIFY THE CONTRACT WITH ROBERT L. McCARTHY & SON, INC. IN THE AMOUNT OF $37,800.00 FOR PRIVATE SCHOOL TRANSPORTATION AND $175.00 FOR EACH SPECIAL EVENT OR ATHLETIC EVENT AND $35.00 PER HOUR AFTER 4 STANDARD HOUR, NOT TO EXCEED $50,000.00. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #20. VOTE TO RATIFY THE CONTRACT WITH HYLKA CONSTRUCTION CO., INC. FOR SCREENED SAND AT $11.95 PER TON FOR SAND DELIVERED TO DPW AND $9.00 PER TON FOR SAND PICKED UP AT THE PLANT: A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #21. VOTE TO RATIFY THE CONTRACTS FOR WINTER SNOW PLOWING/REMOVAL FOR THE FOLLOWING:

  • Jeffrey Bruso
  • Richard R. Guerin, Jr.
  • James Pioppi
  • Anthony Pollone
  • Christopher Parent, Parent Landscaping & Construction Corp.
  • Frank Snyder
  • Michael L. Partlow, ML Partlow & Son Trucking
  • Philip Lanctot
  • Kevin P. Congdon, K & C Lawncare
  • Scott Latour, Latour & Sons Trucking
  • Leonard A. Corriveau
  • Brien DeBoise

A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #22. VOTE TO RATIFY THE CONTRACT WITH YVES GAETAN & SUSAN L. PELLETIER FOR PROPERTY LOCATED AT 296-298 MAIN STREET IN THE AMOUNT OF $4,550.00 FOR A CDBG COMMERCIAL REHABILITATION PROJECT. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item.

Councilor Langevin stated he supports these grants, but he wanted to use a local business person to perform the work. Also, he stated these canvas awnings eventually needed to be cleaned, and he asked who was responsible for that. Chairman Chernisky stated it was the property owners' duty to clean these awnings. Councilor Lazo stated he also wanted this business kept local, and that he normally doesn't support these grants but the building owner had put a lot of work and money into the project of rehabilitation, and thus he would support this grant. Chairman Chernisky stated he also wanted to keep this business local, and there was nothing that said we have to take the lowest bidder, but the bid that is best for the Town.

AGENDA ITEM #22. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #23. VOTE TO RATIFY THE CONTRACT WITH JULIANE MACDONALD FOR PROPERTY LOCATED AT 300 MAIN STREET IN THE AMOUNT OF $3,210.00 FOR A CDBG COMMERCIAL REHABILITATION PROJECT. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #24. VOTE THAT THE TOWN COUNCIL HIRE AN ATTORNEY OTHER THAN KOPELMAN AND PAIGE TO ADVISE THE TOWN COUNCIL OF LEGAL ISSUES REGARDING RENEGOTIATION/ RENEWAL OF THE TOWN MANAGER'S CONTRACT. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Chairman Chernisky stated he had spoken to the MMA about this, and their recommendation was to ask the Town's attorneys to answer questions about entering into executive session, and for any other steps if the Council still needed an outside attorney, then the advice of the MMA was to hire one. Chairman Chernisky asked if anyone objected with this course, and no one did.

AGENDA ITEM #24. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #25. COUNCILORS' FORUM

Councilor Nikolla stated some citizens have contacted Casella regarding pickup of building materials on their own property that were damaged by the flooding, and were told the best solution would be to bring these items up to the landfill and they would be charged. Chairman Chernisky stated he had checked several times with John Farese of Casella, and there was no question if it is called in and then taken to the curb, these items will be picked up. The only exceptions would be items that are restricted, such as TV monitors and computer monitors.

Councilor Nikolla thanked several who had been involved in helping with the recent flooding, and stated she was disappointed to read some of the comments being made by some people. Councilor Nikolla stated she had not witnessed anyone being disrespected, and that it was not fair to make accusations if they were false.

Councilor Vandal asked about the fire at the landfill, and if there was much wood in the fire or if the material burning was more garbage than wood.

Councilor Vandal stated near Charlton Street and Green Avenue there was a tree stuck in the river, and he was concerned about this.

Councilor Vandal asked about yard debris going to the landfill, and wanted to know if this program could be extended into November. Mr. Carlisle stated the program of acceptance at Southbridge Tire was still in effect and would be indefinitely.

Councilor Vandal asked if Representative Carron and Senator Moore were still working on reimbursement for the purchase of the Armory, and Chairman Chernisky stated they were both still working on this.

Councilor Marino asked if not voting on the Town's attorney was a violation of the charter. Chairman Chernisky stated he was working with the Town Manager on this, and he hoped to have an answer very soon.

Councilor Marino stated he had received four phone calls on Saturday morning about a fireman who was cleaning his private vehicle at the fire station. He stated he hoped the Town gets away from this practice.

Councilor Marino asked when the rest of the minutes of the 7/19/05 executive session meeting would be released. Chairman Chernisky stated everything pertaining to building an access road to the landfill had been released, and any Councilor could go to the Town Manager's office to view the rest of the executive session minutes. Councilor Marino stated the Council needed to go into executive session to talk about changes in the landfill contract.

Councilor Marino stated in the 10/19/05 edition of the Southbridge Evening News there was an advertisement for more special education kids to come into the Town's school system, and the School Department needed to work on getting back the kids that had left the school district.

Councilor Lazo stated with the hiring of a Town attorney, the sooner the better.

Councilor Lazo stated he had been stopped by an irate citizen about the washing of a private vehicle at the fire station, who asked why his water rates were going up when this type practice was going on.

Councilor Lazo thanked everyone who had helped with the recent flooding, as well as other communities that had helped with the fire at the landfill.

Councilor Lazo stated he had attended a meeting of the Southbridge Redevelopment Authority, and he thanked everyone who was working toward making Southbridge a better place.

Councilor Langevin stated he also wanted to move forward with the hiring of a Town attorney.

Councilor Langevin stated regarding the recent flooding, he was very happy with the Town's services and the people of the Town coming together to help with this. He stated some things in the disaster plan for the Town should be revisited, as this had not been done since 1998. He stated the recent effort was not perfect, but was still a great job done by all, and the Town's disaster plan only needed a little tweaking which could be done by having a meeting of the Protection of Persons and Property Subcommittee to begin this process.

Councilor Langevin wished everyone a safe and happy Halloween. Chairman Chernisky stated Halloween would be on the 31st this year, with the Horribles Parade starting at 5:00 p.m. at Wells School and regular trick or treat going from 5:30 to 7:00 p.m.

Councilor Ferron stated he had seen many of the flooding areas, and the upcoming weather could also be dangerous for the Town. He thanked some of those who had helped out.

Councilor Ferron stated regarding the fire at the landfill, he thought the Town did a courageous job dealing with this, particularly since many in the Fire Department had been out all night with the situation at Brookside Terrace. He thanked the Fire Department, the Police Department, and the Department of Public Works for their work with the recent flooding, and he was grateful no one got hurt.

Councilor Ferron stated regarding reimbursement for the Armory, he had been in touch with Rep. Carron and Sen. Moore, and they were working diligently to get this funding.

Councilor Ferron stated the decision on a Town attorney was a long time coming, and it was time to do this.

Chairman Chernisky thanked Paul Zotos for filming the recent flooding.

Chairman Chernisky stated Anna Smith had now begun her role as Landfill Monitor, and was currently in the office formerly occupied by Paul Mormino.

Chairman Chernisky stated the next event for the Southbridge Redevelopment Authority was on 11/3/05, at Bertin Engineering.

AGENDA ITEM #26. Discussion of the next meeting date. Councilor McDonald recommended 11/7/05 as the next meeting date, seconded by Councilor Lazo. Vote by show of hands, all in favor.

AGENDA ITEM #27. Adjournment. A motion to adjourn was made by Councilor Lazo, seconded by Councilor Ferron. Vote by show of hands, all in favor. The meeting adjourned at 8:12 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE TOWN COUNCIL MEETING, MONDAY, OCTOBER 3, 2005

A meeting of the Southbridge Town Council was held on Monday, October 3, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:03 p.m.

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

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

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE SEPTEMBER 26, 2005 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

  • a. General Government. Councilor McDonald stated there would be a meeting on 10/17/05, at 7 p.m. in the Rice Conference Room.
  • b. Department of Public Works. Councilor Lazo read the minutes of the 9/27/05 meeting. He stated there would be another meeting on Prince Road, probably within three weeks.
  • c. Education and Human Services. Councilor Langevin stated there were no minutes to read and no meeting was scheduled.
  • d. Planning and Development. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
  • e. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated the flags which had been flying at half staff in front of Town buildings were back to full staff today.

Chairman Chernisky stated he had attended the Polish picnic at St. Hedwig's Church, and he had enjoyed it, and it had been an excellent season for festivals. He thanked everyone who had been involved in these various festivals.

Chairman Chernisky congratulated Melinda Ernst the Town Treasurer for being designated a Certified Massachusetts Municipal Treasurer.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Acting Manager Karen Harnois welcomed back Lt Jim Philbrook and Lt Jeff Mathieu of the Southbridge Fire Department, from their trip to Texas on behalf of the Hurricane Katrina relief effort.

Mr. Harnois stated Town Manager Carlisle had been in contact with the Town on a regular basis.

AGENDA ITEM #7. CITIZENS' FORUM

Dominic Licastro of Therese Avenue spoke. He stated the American Legon was being asked to vacate their office in the Town Hall, after many many years of attendance there. Chairman Chernisky asked for a motion to address this problem. Councilor McDonald made a motion, seconded by Councilor Lazo, to recommend the Town Manager find another space for the American Legion. Vote by show of hands, unanimous in favor.

Councilor Langevin stated the School Maintenance Department should be asked to help move the American Legion office, since the room being vacated was being taken over by the School Department.

AGENDA ITEM #8. VOTE TO DECLARE AS SURPLUS MATERIAL THE FOLLOWING ITEMS LOCATED AT THE WASTEWATER TREATMENT PLANT: SIX (6) FLYGHT SUBMERSIBLE MIXERS; TWO (2) AIRTEK AIR DRYERS; ONE (1) WHIRLPOOL DEHUMIDIFIER; ONE (1) FISHER PORTER FLOW METER; ONE (1) TRANSFORMER; TWO (2) BOILER SECTIONS; SEVEN (7) ISCO FLOW METERS; TWO (2) HOFFMAN BLOWERS AND MOTORS; THREE (3) ABF PUMPS AND MOTORS; TWO (2) PEERLESS DRIVES AND MOTORS; TWO (2) SCOTT AIR PACS; TEN (10) ELECTRIC MOTORS OF VARIOUS HP; TWO (2) MONYO PUMPS; EIGHT (8) CHEMCON PUMPS; ONE (1) ONAN FUEL DAY TANK; ONE (1) KRAFT FUEL DAY TANK AND ONE (1) CRATED HOSPITAL SIZE STILL, AND TO AUTHORIZE THE TOWN MANAGER, AS CHIEF PROCUREMENT OFFICER, TO DISPOSE OF THE SURPLUS MATERIAL AS ALLOWABLE UNDER M.G.L. CHAPTER 30B. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #9. VOTE TO AUTHORIZE THE TOWN MANAGER TO SEND A LETTER TO THE TOWN ADMINISTRATOR OF THE TOWN OF STURBRIDGE ASKING THAT STURBRIDGE PAY FOR THE COST OF MATERIALS ASSOCIATED WITH THE REOPENING OF OLD SOUTH STREET. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #10. COUNCILORS' FORUM

Councilor Vandal asked whether the Edgar McCann Field would be getting a sign. Chairman Chernisky stated the plan was to hold an event with a dedication ceremony, but he didn't know when.

Councilor Marino stated he wanted to continue to get monthly reports from Casella.

Councilor Marino stated there was a meeting on Wednesday in the 911 Memorial Room of the Southbridge Police Department, with representatives of the North American Rail Association, and anyone who wanted to attend was invited.

AGENDA ITEM #11. DISCUSSION OF THE NEXT MEETING DATE. Councilor McDonald stated 10/24/05 as the next meeting date, and this was seconded by Councilor Langevin. Vote by show of hands, unanimous in favor.

AGENDA ITEM #12. VOTE TO ENTER EXECUTIVE SESSION. Chairman Chernisky asked the Council if anyone needed to discuss anything about Agenda Item #13 for tonight's meeting, which was the purpose for entering into executive session. No Councilor did. Chairman Chernisky stated the Council could therefore skip over Agenda Item #12 and go directly to Agenda Item #13.

AGENDA ITEM #13. VOTE TO RELEASE A PORTION OF THE EXECUTIVE SESSION MINUTES FOR THE MEETING OF JULY 19, 2005, ITEM NUMBER 2 - DISCUSSION OF CONSTRUCTION OF AN ELECTRICAL EASEMENT FOR THE LANDFILL SITE. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Ferron. Vote by show of hands, unanimous in favor. The meeting adjourned at 7:20 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE TOWN COUNCIL MEETING, MONDAY, SEPTEMBER 26, 2005

A meeting of the Southbridge Town Council was held on Monday, September 26, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:03 p.m.

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

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

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

September 8, 2005 Council of the Whole. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, unanimous in favor.

September 12, 2005 Regular Town Council Meeting. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to accept these minutes. Vote by show of hands, unanimous in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

  • a. General Government. Councilor McDonald read the minutes of the 9/19/05 subcommittee meeting. He stated he would be holding a meeting on 10/17/05.
  • b. DPW. Councilor Lazo stated there would be a meeting on 9/27/05.
  • c. Education and Human Services. Councilor Langevin stated there were no minutes to read and no meeting was scheduled.
  • d. Planning and Development. Councilor Vandal read the minutes of the 9/20/05 meeting.
  • e. Protection of Persons and Property. Councilor Ferron read the minutes of the 9/21/05 meeting.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated the Town Manager had been deployed to Louisiana by FEMA, and should be back in a couple of weeks.

Chairman Chernisky welcomed the Bjorkman family to Southbridge, who had been relocated to this area from the hurricane disaster area. He stated they were living on School Street, and hoped to make the town their permanent residence.

Chairman Chernisky stated Elm Street paving would resume on Wednesday, and he stated the Police Department were suggesting people find alternate routes.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Acting Town Manager Karen Harnois had no announcements.

AGENDA ITEM #7. CITIZENS' FORUM

Donald Bailey of Pleasant Street spoke about the trucks going up Pleasant Street to the landfill. Chairman Chernisky asked Mrs. Harnois to have the Police Chief look into any faulty equipment on Pleasant Street.

AGENDA ITEM #8. VOTE TO CONFIRM THE APPOINTMENT OF ANNA SMITH AS LANDFILL MONITOR FOR THE TOWN OF SOUTHBRIDGE FOR A TWO-YEAR TERM TO EXPIRE OCTOBER 16, 2007. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item.

Councilor Marino stated the first actions of this new position should be to get organized, and then to involve the Town engineers in setting up monitor scales at the landfill site. He stated he hoped everyone on the Council got a monthly report from the landfill monitor on the activities at the landfill.

AGENDA ITEM #8. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #9. VOTE THAT THE TOWN COUNCIL SENDS A LETTER OF SUPPORT TO SENATOR RICHARD T. MOORE AND REPRESENTATIVE MARK J. CARRON ON BEHALF OF THE MOLLY BISH LICENSE PLATE LAW. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Chairman Chernisky described these illuminated license plates as something that was catching on nation wide. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #10. VOTE TO REQUEST THAT THE SCHOOL COMMITTEE TRANSFER A PARCEL OF LAND USED FOR SCHOOL PURPOSES TO THE TOWN MANAGER FOR THE PURPOSE OF CONVEYANCE, A PARCEL OF LAND SHOWN AS "PARCEL S-1 8, 119 SQ. FT. 0.18 ACRES +" ON THE SKETCH PLAN ATTACHED HERETO, WHICH PARCEL IS PART OF THE TOWN-OWNED PROPERTY LOCATED ON EVERGREEN STREET, IDENTIFIED ON THE ASSESSORS MAP AS 028-0001-B-0001, AND DESCRIBED MORE PARTICULARLY IN A DEED RECORDED WITH THE WORCESTER SOUTH DISTRICT REGISTRY OF DEEDS IN BOOK 18935, PAGE 304, AND FURTHER TO AUTHORIZE THE TOWN MANAGER TO CONVEY SAID PARCEL OF LAND ON SUCH TERMS AND CONDITIONS AND FOR SUCH MONETARY COMPENSATION AS THE TOWN MANAGER DEEMS IN THE BEST INTEREST OF THE TOWN. SAID MONETARY COMPENSATION TO BE USED FOR THE BENEFIT OF THE SCHOOL DEPARTMENT. A motion was made by Councilor Langevin, seconded by Councilor Ferron to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #11. VOTE TO REQUEST THAT SENATOR MOORE AND REPRESENTATIVE CARRON SUBMIT THE FOLLOWING HOME RULE PETITION:

AN ACT AUTHORIZING THE TOWN OF SOUTHBRIDGE TO GRANT TEN ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES.

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 17 of Chapter 138 of the General Laws, the licensing authority of the Town of Southbridge may grant up to 10 additional licenses for the sale of all alcoholic beverages to be drunk on the premises and 2 additional licenses for the sale of all alcoholic beverages not to be drunk on the premises under section 12 of said Chapter 138. The licenses shall be used throughout the Town in its economic development plan for revitalization and to promote economic vitality. The licenses shall be subject to all of said Chapter 138, except Section 17.

SECTION 2. This act shall take effect upon its passage.

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

Councilor Vandal stated the Town did not need this at this time. He stated if a big restaurant wanted to come to Southbridge, then the Town could petition the State. He stated these licenses would do nothing good for the Town since they were being sold for only $2,000, and the Town should sell them for $25,000 for a beer and wine license, $50,000 for a restaurant license, and $100,000 for a package store license. Councilor Vandal stated this revenue should go to the schools.

Councilor Ferron stated the subcommittee had recommended this unanimously. Councilor Ferron stated at subcommittee several different ideas had come forward, including petitioning for 12, for 9, and for 10. Councilor Ferron stated he was in favor of 7, to meet the immediate need and have one or two more available. Councilor Ferron stated he felt these licenses would help the Town move forward.

Councilor Langevin described the role of the Southbridge Liquor Licensing Board. He stated he was surprised to learn at subcommittee that of the 15 restaurant licenses in the Town, only five are actually a restaurant. Councilor Langevin stated he had learned in subcommittee that if you take away a license from an existing license holder for any reason, then that license cannot be converted from one type license to another, but is claimed back by the State and is lost. Councilor Langevin stated there were not enough restaurants in Town, and this was one area of potential business growth, and the Town needed to encourage this type development within the Town.

Councilor Marino said competition was good for everyone, and hopefully new restaurants would increase the demand for all of them, and it would increase the choices for the citizens.

Councilor McDonald said this would not do much for the town financially. He stated the Town should be looking into selling these licenses at market prices, to help finance the schools. He stated getting $2,000 for a license wouldn't do anything, and perhaps a lottery/bid process would be better.

Councilor Nikolla asked who set the $2,000 rate. James Sottile of the Southbridge Liquor Licensing Board (SLLB) stated his board would set the fee. Mr. Sottile stated he didn't believe these licenses could be sold at the rates previously mentioned. Mr. Sottile stated the reason to get the new licenses was to encourage economic growth for new tax revenue for the Town, and not as much on profits made from the sale of the license.

Councilor Vandal stated the SLLB had too much power. He stated it was sad the Town had to rely on the sale of liquor as a stimulant for economic growth.

Chairman Chernisky stated the total number of licenses in the town in 2000 was 44, and now it was 35, and that if these new licenses were granted it would return the Town to about its previous level of licenses.

Chairman Chernisky stated AGENDA ITEM #11 on tonight's agenda had been provided by the SLLB, who had received it from the State House. Chairman Chernisky stated AGENDA ITEM #12 had been provided by the Town's attorneys, and upon reviewing both versions the Town's attorneys had advised using the version cited in AGENDA ITEM #11. Chairman Chernisky stated, however, that in AGENDA ITEM #11, the second paragraph did not include language about the two additional licenses for the sale of wine and malt beverages.

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to change the second paragraph of AGENDA ITEM #11 to read as follows:

AN ACT AUTHORIZING THE TOWN OF SOUTHBRIDGE TO GRANT TEN ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES AND TWO ADDITIONAL LICENSES FOR THE SALE OF WINE AND MALT BEVERAGES NOT TO BE DRUNK ON THE PREMISES.

Councilor Nikolla stated she wanted assurances these wouldn't lead to more bars. Mr. Sottile stated the SLLB was looking for restaurants and specialty/retail stores.

Chairman Chernisky read the amended motion, as follows:

  • AGENDA ITEM #11. VOTE TO REQUEST THAT SENATOR MOORE AND REPRESENTATIVE CARRON SUBMIT THE FOLLOWING HOME RULE PETITION:
    • AN ACT AUTHORIZING THE TOWN OF SOUTHBRIDGE TO GRANT TEN ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES AND TWO ADDITIONAL LICENSES FOR THE SALE OF WINE AND MALT BEVERAGES NOT TO BE DRUNK ON THE PREMISES.

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 17 of Chapter 138 of the General Laws, the licensing authority of the Town of Southbridge may grant up to 10 additional licenses for the sale of all alcoholic beverages to be drunk on the premises and 2 additional licenses for the sale of all alcoholic beverages not to be drunk on the premises under section 12 of said Chapter 138. The licenses shall be used throughout the Town in its economic development plan for revitalization and to promote economic vitality. The licenses shall be subject to all of said Chapter 138, except Section 17.

SECTION 2. This act shall take effect upon its passage.

VOTE TO AMEND AGENDA ITEM #11, AS ABOVE. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: VANDAL. COUNCILORS ABSTAINING: LAZO. MOTION TO AMEND PASSES.

AGENDA ITEM #11 (AS AMENDED) A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote AGENDA ITEM #11 as amended above. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: VANDAL. COUNCILORS ABSTAINING: LAZO. MOTION PASSES.

Mr. Sottile thanked the Council and the members of the Southbridge Liquor Licensing Board.

Councilor McDonald made a motion to pass over AGENDA ITEM #12, seconded by Councilor Ferron. Vote by show of hands, motion passes.

AGENDA ITEM #13. VOTE: IN ACCORDANCE WITH MGL CHAPTER 40A, SECTION 5, TO SUBMIT THE FOLLOWING PROPOSED ZONING MAP CHANGES TO THE PLANNING BOARD FOR REVIEW:

REZONE AN AREA OF GUELPHWOOD ROAD COMPRISED OF THE NORTHERLY SECTION OF MAP 22, LOT 180, AND THE SMALL NORTHEASTERN CORNER OF MAP 28, LOT 1B, CURRENTLY ZONED HEAVY INDUSTRIAL, AS WELL AS THE SOUTHERLY PORTION OF MAP 22, LOT 180, CURRENTLY ZONED SINGLE FAMILY, TO LIGHT INDUSTRIAL.

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

AGENDA ITEM #14. VOTE: IN ACCORDANCE WITH MGL CHAPTER 40A, SECTION 5, TO SUBMIT THE FOLLOWING PROPOSED AMENDMENTS TO SECTION 602 OF THE SOUTHBRIDGE ZONING BYLAW, THE "TABLE OF DIMENSIONAL REGULATIONS," TO THE PLANNING BOARD FOR REVIEW:

  • Change the minimum square footage for a single-family home in a single-family zone not served by sewer to one acre and the minimum frontage to 175 feet.
  • Change the minimum square footage for a single-family home in a single-family zone with existing sewer to three quarters of an acre and the minimum frontage to 125 feet.
  • Change the minimum square footage for a single-family home in a two-family zone not served by sewer to one acre and the minimum frontage to 175 feet.
  • Change the minimum square footage for a two-family home in a two-family zone not served by sewer to one acre and the minimum frontage to 175 feet.
  • Change the minimum square footage for a single-family home in a two-family zone with existing sewer to three quarters of an acre and the minimum frontage to 125 feet.
  • Change the minimum square footage for a two-family home in a two-family zone with existing sewer to one acre and the minimum frontage to 175 feet.

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

Councilor Lazo stated if someone owned property that failed this criteria they needed to go to the Planning Board to find out how this affected them.

Councilor Vandal stated this item had been voted unanimously at the Planning and Development Subcommittee meeting.

AGENDA ITEM #14. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #15. VOTE THAT THE TOWN COUNCIL SUPPORTS THE GRANT APPLICATION FOR A MASSACHUSETTS HOUSING DEVELOPMENT SUPPORT PROGRAM GRANT FOR FIVE UNITS OF AFFORDABLE CONDOMINIUM HOUSING IN THE BUILDING AT 12 CRANE STREET. THE TOWN TO NOTIFY THE STATE OF THE SAME. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Councilor Lazo asked if October was the deadline, and Rod Murphy of the SLLB stated yes. Councilor Lazo asked about the limit for borrowing, and Mr. Murphy stated it was around $60,000 apiece. Mr. Murphy stated it would be going before the Planning Board. Councilor Lazo stated he normally would not support this, but as the developers were also contributing money to the project then he would. He stated he was glad it was condos and not apartments.

Councilor McDonald asked about parking. Mr. Murphy stated there about 70 parking spots on the property.

AGENDA ITEM #15. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #16. VOTE THAT THE TOWN COUNCIL SUPPORTS THE GRANT APPLICATION FOR A MASSACHUSETTS HOUSING DEVELOPMENT SUPPORT PROGRAM GRANT FOR TWO UNITS OF AFFORDABLE CONDOMINIUM HOUSING AT 36 HAMILTON STREET AND FOR TWO UNITS OF AFFORDABLE CONDOMINIUM HOUSING AT 215 HAMILTON STREET. THE TOWN TO NOTIFY THE STATE

Economic Development Director Sandy Acly stated she believed we could apply for these. She stated in October the applicant would have to send their intention, and once approved have plans, and then would need a purchase and sale agreement on the property. Mrs. Acly stated 34 Hamilton Street would be a mixed use building of retail and condos, and that 215 Hamilton Street would be just two condos. Mrs. Acly stated Mr. McCarthy wanted to rehabilitate 215 Hamilton Street because it was in bad shape and reflected poorly on the neighborhood.

Councilor Lazo stated he would support it because it was condos. Councilor Vandal stated he still could not support this because it was federal tax money paying for it.

Councilor Langevin stated he was in support of this program, but wanted it applied in areas other than downtown, such as the Delehanty Building, where the new owner had with her own money put in new windows, a new roof, and was installing a new elevator. Councilor Langevin asked Mrs. Acly to try to help this woman in the future.

AGENDA ITEM #16. VOTE BY SHOW OF HANDS, MOTION PASSES.

AGENDA ITEM #17. VOTE TO RATIFY AMENDMENT No. 7 TO THE AGREEMENT WITH RIZZO ASSOCIATES INC. DATED DECEMBER 31, 2001 TO INCLUDE EVALUATION AND DESIGN SERVICES FOR THE SEWER IMPROVEMENTS IN SOUTH STREET IN THE AMOUNT OF $25,367.00. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Councilor Ferron wanted to know why we needed this. Mr. Clarke stated the bidding process for design prohibits the use of the builder for this work. Mr. Clarke stated the recommendation on the table was to amend the existing agreement.

Mrs. Harnois stated her preference for a separate contract for each contract, rather than amending the contract going back to 2001. Mrs. Harnois also stated she had discussed with Mr. Clarke the number of times the Town goes out to bid for designer selection. Mr. Clarke stated Southbridge was not a one consultant town, and the contracts ensured the Town was getting the right work.

Councilor Lazo stated these projects needed to be moved along, and asked if they could be done this construction season. Mr. Clarke stated it was highly unlikely. Mr. Clarke stated the East Main Street project was not necessarily seasonally dependent. Mr. Clarke described a number of issues at the South Street pumping station.

AGENDA ITEM #17. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #18. VOTE TO RATIFY AMENDMENT No. 8 TO THE AGREEMENT WITH RIZZO ASSOCIATES INC. DATED DECEMBER 31, 2001 TO INCLUDE DESIGN OF THE SEWER IMPROVEMENTS IN EAST MAIN STREET IN THE AMOUNT OF $23,157.00. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #19. VOTE TO RATIFY AMENDMENT No. 3 TO THE AGREEMENT WITH GANNETT FLEMING ENGINEERS & ARCHITECTS, P.C. DATED APRIL 1, 2002 FOR ENGINEERING SERVICES IN CONNECTION WITH THE COMBINED PUBLIC WORKS FACILITY IN THE AMOUNT OF $83,188.00. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #20. VOTE TO RATIFY AMENDMENT No. 1 TO THE CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND URSULA G. WOLF FOR A MASSACHUSETTS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT IN THE AMOUNT OF $1,760.00 BRINGING THE TOTAL CONTRACT AMOUNT TO $13,670.00. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to pass over this item. VOTE BY SHOW OF HANDS, UNANIMOUS IN FAVOR.

AGENDA ITEM #21. COUNCILORS' FORUM

Chairman Chernisky stated in the case of a hand vote that wasn't unanimous the wording could be "motion passes." Councilor McDonald stated in the case of the prevailing side asking for a new vote, a roll call was needed to be able to determine who is on the prevailing side. Chairman Chernisky stated this could be discussed at subcommittee and the Council could decide.

Councilor Vandal asked about repaving for Maria Avenue and Therese Avenue. Mr. Clarke stated this was a priority project for paving, and hopefully would be worked this fall. Councilor Vandal stated no one had been working on Elm Street for awhile. Mr. Clarke stated this was being held up by Keyspan.

Councilor Vandal asked for an update on the Armory and the Cotton property, and appraisals for Town-owned property for sale, such as the water company building and the building on the foot of West Street.

Councilor Nikolla thanked members of the Town Council for being forward thinkers.

Councilor Ferron asked when Maria/Theresa Avenues had last been paved, and Mr. Clarke stated when they were constructed was the last time. Councilor Vandal asked what two streets had the highest priority for paving, and Mr. Clarke stated Maria/Theresa Ave, and Dresser Hill Road. Mr. Clarke stated in the past Chapter 90 money had helped with this, and this funding had dropped down, and it was now starting to come up again.

Councilor Ferron thanked Mrs. Harnois for stepping in as Acting Town Manager.

Councilor Langevin stated he wanted a cost analysis of the project behind the Town Hall, such as the cost of material and labor hours, to be placed in every Councilor's packet.

Councilor Langevin stated Sturbridge should be helping maintain the roadway through the Westville Lake area. Chairman Chernisky stated the DPW Subcommittee could address this issue.

Councilor Lazo there were five dead trees on Main Street, which were some of the newer, smaller ones. He stated he wanted the Town Manager to look into whether there was any guarantee on these trees, and he had been told these had been planted at this time last year.

Councilor Lazo congratulated the Southbridge High School football for trouncing Tantasqua.

Councilor Marino stated under the new town charter the Town Manager appoints a town attorney, to be confirmed by the Town Council. Chairman Chernisky stated the Town Manager had received a bid from a new law firm, and when he gets this up this would be discussed.

Councilor Marino stated there were three sets of executive session minutes that he wanted released. Chairman Chernisky stated these couldn't be released until the items that were discussed were done being worked on. He stated on one set of minutes, only half of the minutes could be released, and unless he heard differently this half would be on next week's agenda.

Councilor Marino stated he was being told that there were trucks parked on Pleasant Stret at 5:30 a.m., and he wanted the Police Department to check this out.

Councilor Marino stated he was glad for the work the DPW did at Westville Lake, and it had been cheaper than he had thought it would be and great work was done.

AGENDA ITEM #22. Discussion of the next meeting date. Councilor McDonald, suggested 10/3/05 as the next meeting date, seconded by Councilor Langevin. Vote by show of hands, unanimous in favor.

AGENDA ITEM #23. Adjournment. Councilor Ferron made a motion to adjourn, seconded by Councilor Langevin. Vote by show of hands, unanimous in favor. The meeting adjourned at 8:32 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE TOWN COUNCIL MEETING, MONDAY, SEPTEMBER 12, 2005

A meeting of the Southbridge Town Council was held on Monday, September 12, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:03 p.m.

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

A moment of silence was held at this point to remember former Town Councilor Roger Duquette, who passed away August 31, 2005.

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

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE AUGUST 29, 2005 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Langevin to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

  • a. General Government. Councilor McDonald stated he was having a meeting on 9/19/05 at 7 p.m. in the Rice Conference Room, to discuss the Landfill Monitor position and the draft of the Town's new bylaws.
  • b. DPW. Councilor Lazo stated he would be having a meeting soon to discuss Prince Road.
  • c. EHS. Councilor Langevin stated he was awaiting word from the School side to schedule another meeting.
  • d. Planning and Development. Councilor Vandal stated he would be having a meeting next Tuesday or Wednesday.
  • e. Protection of Persons and Property. Councilor Ferron read the minutes of the 9/6/05 subcommittee meeting.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky read the thank you letter from the Cipro family for the Town Council's participation in the fundraising whiffleball tournament.

Chairman Chernisky stated he had attended the 9/11 memorial on the Town Common, and he thanked those committee members who had participated.

Chairman Chernisky thanked Councilor Lazo for bringing the issues with Prince Road to subcommittee.

Chairman Chernisky stated he was going to use show of hand votes as much as possible rather than roll call votes, in order to speed up the meetings.

Chairman Chernisky stated he would be sending a letter to every board member in the Town of Southbridge to remind them of the General Laws of the State of Massachusetts, Chapter 39, Section 23b, which restricts discussing the affairs of any town employee in an open session.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated on 9/10/05 the hazardous waste collection day at the landfill had gone off well, with a record amount of paint and other related items collected. Mr. Carlisle stated starting in October the curbside pickup of yard debris would begin again.

AGENDA ITEM #7. CHIEF OF POLICE PRESENTATION OF OUTSTANDING SERVICE CITATIONS

Police Chief Daniel Charette recognized the efforts of Sergeant Dan Southall and Detective Wayne Boiteau of the Southbridge Police Department, for their outstanding work. A presentation was made to both from the Chief and from the Town Council Chairman.

AGENDA ITEM #8. CITIZENS' FORUM

Javier Melendez of Mechanic Street asked anyone who wanted to donate to a Hurricane Katrina relief fund being set up at Wells Middle School to do so.

AGENDA ITEM #9. VOTE THAT THE TREASURER IS AUTHORIZED TO FILE AN APPLICATION WITH THE MUNICIPAL FINANCE OVERSIGHT BOARD TO QUALIFY UNDER CHAPTER 44A OF THE GENERAL LAWS ANY OR ALL OF THE BONDS OF THE TOWN THAT ARE CURRENTLY AUTHORIZED AND UNISSUED AND TO PROVIDE SUCH INFORMATION AND EXECUTE SUCH DOCUMENTS AS THE MUNICIPAL FINANCE OVERSIGHT BOARD MAY REQUIRE FOR THESE PURPOSES. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS.

AGENDA ITEM #10. VOTE TO APPOINT EVELYN PETRELLI TO THE PLANNING AND DEVELOPMENT SUBCOMMITTEE FOR THE TOWN OF SOUTHBRIDGE UNTIL JUNE 30, 2006. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS.

AGENDA ITEM #11. VOTE TO APPOINT GABRIEL LAFLECHE TO THE GENERAL GOVERNMENT SUBCOMMITTEE FOR THE TOWN OF SOUTHBRIDGE UNTIL JUNE 30, 2006. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS.

AGENDA ITEM #12. VOTE TO APPOINT THE FOLLOWING INDIVIDUALS AS AUXILIARY POLICE OFFICERS FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008:

  • Frank Leo
  • John Hart

A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS.

Both of these candidates thanked the Town Council.

AGENDA ITEM #13. VOTE TO AMEND SCHEDULE 5 - ELECTED AND APPOINTED PERSONNEL OF THE TOWN OF SOUTHBRIDGE CLASSIFICATION AND COMPENSATION PLAN TO INCREASE THE HOURLY RATE FOR SCHOOL CROSSING GUARDS FROM $10.00 TO $12.00 PER HOUR EFFECTIVE SEPTEMBER 18, 2005. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item.

Councilor Ferron stated the PPP Subcommittee was in full favor of this.

Councilor Langevin stated he could not support this, and there were raises about a year and a half ago.

Councilor Lazo asked the Police Chief about the money to pay for this. Chief Charette stated he had started the year with less than the normal amount of crossing guards, and as such had extra money in his budget, and he described other ways he could pay for this within his budget without an extra appropriation.

AGENDA ITEM #13. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: CHERNISKY, LANGEVIN. MOTION PASSES.

AGENDA ITEM #14. VOTE TO TRANSFER THE TOTAL SUM OF $24,000.00 AS FOLLOWS: $18,000.00 FROM THE NATURAL GAS ACCOUNT AND $6,000.00 FROM DPW OPERATIONAL SALARIES ACCOUNT TO THE FOLLOWING ACCOUNTS: $18,000.00 TO THE JACOB EDWARDS LIBRARY NATURAL GAS ACCOUNT AND $6,000.00 TO THE JACOB EDWARDS LIBRARY SALARIES AND WAGES PERMANENT FULL-TIME EMPLOYEES ACCOUNT. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. VOTE BY SHOW OF HANDS, UNANIMOUS.

AGENDA ITEM #15. VOTE TO AMEND THE VOTE TAKEN ON JUNE 29, 2004 AGENDA ITEM NO. 13 TO READ AS FOLLOWS:

Vote that $8,674,300.00 is appropriated for the purpose of financing the construction of the Wastewater Treatment Facility upgrade including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws, as most recently amended by St. 1998, c. 78; that to meet this appropriation the Treasurer with the approval of the Town Manager is authorized to borrow $8,674,300.00 and issue bonds or notes therefore under (Chapter 44 of the General Laws or insert preference to other applicable general or special law governing the issuance of local bonds) and/or Chapter 29C of the General Laws, as most recently amended by St. 1998, c. 78; that such bonds or notes shall be general obligations of the Town unless the Treasurer with the approval of the Town Manager is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C, as most recently amended by St. 1998, c. 78; and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the (Board of Selectmen, Board of Public Works or other appropriate local body or official) is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project. (2/3 vote required)

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

Councilor Lazo stated this item was unanimously approved in subcommittee.

Councilor Ferron stated the original cost for this project had gone up substantially, and the cost of this project would impact the water and sewer rates. He stated the costs associated with this project needed to be gone over again.

Councilor Langevin stated he would support this. He stated in subcommittee the rising costs of construction and energy were discussed, and the fact that this new facility could also generate revenue for the Town by accepting for processing certain types of wastewater that currently cannot be processed at the existing facility.

AGENDA ITEM #15. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: FERRON. MOTION PASSES.

AGENDA ITEM #16. VOTE TO RATIFY AMENDMENT NO. 4 IN THE AMOUNT OF $166,000.00 TO THE AGREEMENT WITH WESTON AND SAMPSON FOR ENGINEERING SERVICES FOR THE PRELIMINARY ASSESSMENT OF THE SOUTHBRIDGE WASTEWATER TREATMENT PLANT. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Councilor Lazo stated this item received unanimous approval at DPW Subcommittee.

Councilor Ferron stated Weston and Sampson had been on the Town's books for the last five years, and with a little discussion he felt the price could have been brought down.

AGENDA ITEM #16. VOTE BY SHOW OF HANDS, MOTION PASSES.

AGENDA ITEM #17. VOTE THAT $500,000.00 IS APPROPRIATED FOR THE DESIGN AND REHABILITATION OF THE SEWER SYSTEM ON EAST MAIN STREET INCLUDING WITHOUT LIMITATION ALL COSTS THEREOF AND THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $500,000.00 PLUS AN AMOUNT TO PAY FOR ITS SHARE OF DEBT ISSUANCE COSTS 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 THE GENERAL OBLIGATIONS OF THE TOWN. (2/3 vote required)

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

Councilor Lazo stated this item had been approved unanimously in subcommittee.

AGENDA ITEM #17. VOTE BY SHOW OF HANDS, MOTION PASSES, 8 IN FAVOR, 1 OPPOSED.

AGENDA ITEM #18. VOTE THAT $160,000.00 IS APPROPRIATED FOR THE DESIGN AND REHABILITATION OF THE SEWER SYSTEM ON SOUTH STREET INCLUDING WITHOUT LIMITATION ALL COSTS THEREOF AND THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $160,000.00 PLUS AN AMOUNT TO PAY FOR ITS SHARE OF DEBT ISSUANCE COSTS 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. (2/3 vote required)

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

Councilor Lazo stated this item was also unanimously approved in subcommittee.

AGENDA ITEM #18. VOTE BY SHOW OF HANDS, UNANIMOUS.

AGENDA ITEM #19. COUNCILORS' FORUM

Councilor Marino asked the Town Manager about the installation of the electrical poles from Worcester Street to the landfill site, and who was doing the installing. Mr. Carlisle described the Administrative Consent Order that required the Town and Casella to install power to the landfill site. Councilor Marino stated he wanted the Executive Session minutes released to public view from when discussion was held on this matter. Councilor Marino stated he felt it was Massachusetts Electric's responsibility to do this, and not Casella's.

Councilor Marino stated he had put in three request forms on 9/1/05, and wanted to know where they were. Mr. Carlisle stated each had been sent to the appropriate Town department.

Councilor Vandal stated there was a big hole in the street in front of Don's Barber Shop on Hamilton Street, and he wanted this looked into.

Councilor Vandal asked about the $30,000 which had been designated two years prior for work about the gazebo on the Town Common. Mr. Carlisle stated this amount was still there in its entirety. Mr. Carlisle described issues surrounding work around the gazebo, including the belief by Franklin Realty that they had control over the 55 or so parking spaces on Mechanic Street adjacent to the Town Common. Mr. Carlisle stated Franklin Realty had also been slated to provide period lighting on Mechanic Street, but no paperwork could be found and Franklin Realty declined to proceed with the project. Mr. Carlisle stated if the Town Common project were initiated the cost would be between $250,000 and $300,000, and the Town could not afford this right now. Mr. Carlisle stated in the past few weeks in dealing with United Lens, they were willing to proceed with some of the seating clusters, as designed in 1997. Mr. Carlisle stated the DPW was putting together a bid for the seating to be installed in a semi-circle around the gazebo. Mr. Carlisle stated with the cluster seating and the semi-circle seating, close to the full amount of $30,000 would be spent. Mr. Carlisle stated also the DPW would do the sidewalk work to complete the loop around the Town Common.

Councilor Vandal stated at the bottom of Paige Hill the road was deteriorated and there were guardrails missing. Mr. Carlisle stated he would inquire with the DPW.

Councilor Vandal stated he wanted the wooden guardrails on Maria Ave replaced.

Councilor Vandal again addressed the entrance to town from Sturbridge on Route 131. Councilor Lazo stated there were crews there today cleaning this up.

Councilor Marcucci stated she had received a call from a woman named Laura, who was distraught about the new sewer rates. She stated she didn't get the phone number, and she urged Laura to call back to talk about this.

Councilor Marcucci stated she had received a number of calls from people concerned about the closing of the Salvation Army store in Southbridge, and wondered if there was anything the town could do to keep it open. Mr. Carlisle stated if the Council wanted him to he could contact the Salvation Army officials in Worcester to see about keeping this store open. A quick survey of the Council showed they wanted the Town Manager to do this.

Councilor Nikolla stated she had also received a message from a lady who was concerned about the water and sewer bills, and she also didn't get a return number or last name, and she hoped the woman would call her back to talk about this.

Councilor Ferron stated he was in support of the Salvation Army store in Southbridge.

Councilor Langevin asked why the DPW was paying overtime to water the plants downtown. He stated in the prior year there had been volunteers to do this, and the Town needed to reduce the overtime it was paying. DPW Director Clarke stated last year the volunteers included elderly people on 10 foot ladders watering the plants, and this was a safety problem. Councilor Ferron asked if the Town had bean sprayers, and if so why couldn't the volunteers use these to water the plants high off the ground. Mr. Clarke questioned whether any volunteer should be using Town equipment.

Mr. Carlisle stated the Town would revisit watering projects in the Town, including for the new war monument.

Councilor Langevin asked again about the repair work in the back of the Town Hall. Mr. Carlisle stated this work was to clear the poison ivy and the dead trees, that there was erosion, and the area was unsightly. Mr. Carlisle stated there would no be less storm damage. Councilor Langevin stated he would like to know how much this project cost to complete.

Councilor Langevin asked, in the face of the situation in New Orleans, if the Town had an emergency preparedness plan. Mr. Carlisle described several projects that lent themselves to being prepared for the worst, including installing new boilers at the high school, and an electrical generator there, as well as the work of the Fire Department to advance the skills of their employees to deal with emergent situations. Mr. Carlisle stated there was no plan written, or acted on, or ready. He stated the situation for Southbridge was different than for New Orleans. Mr. Carlisle thanked Michael Trombley for his work with displaced persons.

Councilor Lazo stated the DPW was the first department to get its budget cut, that they have junk for equipment, and they are wanted and needed everywhere. He stated he wanted the Council to look at this department for funding.

Councilor Lazo stated he wanted the Town Manager to look at the guardrails on Dresser Hill Road, starting at Sid's Garage and going back toward town.

Councilor Lazo stated the water rates would be coming to DPW subcommittee for discussion, and he wanted to cut overhead.

Councilor Lazo stated he didn't know Casella installed electrical poles, and that Massachusetts Electric was the company that installs poles. He stated he wanted the Executive Session minutes on this matter to be released as soon as possible.

Councilor Lazo asked about the lights in front of Dunkin Donuts. Mr. Carlisle stated he would look into this.

Chairman Chernisky stated if the Council feels strongly about the water and sewer rates, then it can take aggressive action to set these rates. Chairman Chernisky stated the new Town Charter gave the Council the power to control the Town's destiny, including setting the water and sewer rates.

Chairman Chernisky stated regarding the easement for electrical service to the landfill, the Town has provided an easement to Massachusetts Electric to provide this service, and the Town can choose who puts the poles up.

Chairman Chernisky stated a recent storm destroyed property belonging to a citizen, and regardless of the insurance company saying the Town was not liable, he felt the Town should make repairs for this citizen.

AGENDA ITEM #20. DISCUSSION OF THE NEXT MEETING DATE

Councilor McDonald recommended 9/26/05, seconded by Councilor Marcucci. Vote by show of hands, all in favor.

AGENDA ITEM #21. VOTE TO ENTER EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING STRATEGY WITH RESPECT TO COLLECTIVE BARGAINING AND TO RECONVENE THE OPEN MEETING FOR THE PURPOSE OF ADJOURNMENT. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

The meeting entered Executive Session at 8:24 p.m.

The meeting returned from Executive Session at 8:54 p.m.

A motion was made to adjourn by Councilor McDonald, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting adjourned at 8:54 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE TOWN COUNCIL MEETING, MONDAY, AUGUST 29, 2005

A meeting of the Southbridge Town Council was held on Monday, August 29, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:00 p.m.

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

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

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES:

August 4, 2005 Council of the Whole meeting. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

August 8, 2005 Public Hearing. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

August 8, 2005 Regular Meeting. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

a. General Government. Councilor McDonald stated there were no minutes to read and no meeting was scheduled. b. DPW. Councilor Lazo read the minutes of the 8/24/05 subcommittee meeting. c. Education and Human Services. Councilor Langevin stated there were no minutes to read, and there would be a meeting coming within the next couple of weeks. d. Protection of Persons and Property. Councilor Ferron stated there were no minutes to read, and there would be a meeting soon to talk about issues pertaining to the Fire Department and the Liquor Licensing Board. e. Planning and Development. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky thanked everyone involved with the whiffle-ball fundraiser tournament.

Chairman Chernisky stated school started tomorrow, and he asked everyone to be careful driving. He stated the bus routes had been published in Thursday's paper. Councilor McDonald stated none of the bus routes had changed.

Chairman Chernisky stated he had received a legal opinion from Kopelman and Paige regarding the vote at the previous meeting about the access road, and he had been told this was a legal vote. Chairman Chernisky stated he was requesting a legal opinion for an initiative petition to vote on placing an access road off of Worcester Street.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Acting Town Manager Karen Harnois stated Town Manager Carlisle was scheduled for FEMA training, and would be back in the office tomorrow.

AGENDA ITEM #7. CITIZENS' FORUM

Bob Checkosky of Janet Ave spoke regarding the previous Town Council meeting. He talked about what constitutes a forum at a Town Council meeting. He described the various benefits derived by the Town from Casella, the landfill operator. He described how a speaker at the last Town Council meeting had stated she had been told by Casella that they were going to turn the foot of any Worcester Street access road into low income housing, and Mr. Checkosky wondered why no Councilor had challenged this speaker to prove this assertion. Mr. Checkosky stated the Town Council meetings were too long.

Gabe Lafleche of Chapin Street spoke next, and described his desire to be a Citizen Member of a subcommittee. He stated the town was messy and needed to be cleaned up.

AGENDA ITEM #8. VOTE TO APPOINT MICHELLE M. DUVAL TO THE PROTECTION OF PERSONS AND PROPERTY SUBCOMMITTEE FOR THE TOWN OF SOUTHBRIDGE UNTIL JUNE 30, 2006. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #9. VOTE TO RATIFY THE CONTRACT WITH PETERSON OIL SERVICE FOR THE PURCHASE OF HEATING OIL FOR VARIOUS TOWN-OWNED BUILDINGS AT $1.7425 PER GALLON FOR FY 2006. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #10. VOTE TO RATIFY THE CONTRACT WITH EASTERN MINERALS, INC. FOR THE PURCHASE OF HIGHWAY ROAD SALT AT $45.75 PER TON FOR FY2006. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #11. VOTE TO RATIFY THE CONTRACT WITH NEW ENGLAND INFRASTRUCTURE INC. FOR BRIDGE DECK REPAIRS IN THE AMOUNT OF $155,534.50. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #12. VOTE TO RATIFY THE CONTRACT WITH JAMES McCULLOUGH IN THE AMOUNT OF $4,300.00 FOR A MASSACHUSETTS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMMERCIAL REHABILITATION PROJECT. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Councilor Lazo stated he felt this amount was too high to pay for a sign. He stated a person could get a sign much cheaper if it wasn't getting paid for by the federal government.

Councilor Ferron asked if this went to subcommittee, and Chairman Chernisky stated he didn't think it did.

AGENDA ITEM #12. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. MOTION PASSES.

AGENDA ITEM #13. VOTE TO RATIFY THE CONTRACT WITH HARVEY SHANBAUM IN THE AMOUNT OF $8,696.00 FOR A MASSACHUSETTS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMERCIAL REHABILITATION PROJECT. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Councilor Lazo stated again this was too much money for the work being performed.

AGENDA ITEM #13. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. MOTION PASSES.

AGENDA ITEM #14. COUNCILORS' FORUM

Councilor Marino stated he had taken his grass clippings to the Southbridge Tire acceptance site, and saw someone had placed sheet rock in the dumpster with the lawn debris. He stated it was a shame this good deal for the citizens was being spoiled by people not doing the right thing.

Councilor Vandal stated if the Animal Control Officer was only going to deal with dogs, then she should be called the dog officer. He stated he wanted the role of this position discussed in subcommittee.

Councilor Vandal asked about the $30,000 donation which had been made to the gazebo in the Town Common, and what was being done with this money.

Councilor Vandal stated the entrance to the Town from Sturbridge is atrocious, with weeds and dead lawn, and he wanted the DPW to clean this up.

Councilor Vandal stated he had heard Mass Electric wanted no part in installing the electrical poles to the landfill, and that Casella would be putting in the poles, and he wanted to know if this were true.

Councilor Marcucci stated in the weekly report to Town Council it had been described that the Retirement Board was interviewing and hiring a real estate management firm. Mrs. Harnois stated right now the Retirement Board had limited investments in real estate, and was exploring this as a possible way to diversify their portfolio.

Councilor Marcucci stated she hoped the recognition proposed by the Police Chief would be added to an agenda soon, as there were a number of positive things happening in the Town, and at times only the bad things were highlighted. Councilor Marcucci stated any education a town employee wished to undertake was a benefit to the Town. Councilor Marcucci described how Fireman Roland Larochelle had gone to Utah and attended a five day course on counterterrorism, which was paid for by the federal government. Councilor Marcucci stated she wanted the Council to provide funding for town employees to be educated, and she would support this.

Councilor Vandal stated regarding the water and sewer bills, they were outrageous, and this should probably go to subcommittee for discussion, and maybe a rebate for those who paid was in order.

Councilor Ferron stated in subcommittee the Council had voted to approve some $8 million for a new water treatment facility, as well as about $600 for line repairs on East Main Street and South Street, and these had to be paid for somehow.

Councilor Langevin thanked Barbara Bourdelais for her many years of service to the town with school busing. She asked the public to stop calling her with bus questions as she is no longer the bus contractor.

Councilor Langevin stated he respected the Police Chief's decision on curfews, and no children should be on the street in the wee hours of the morning.

Councilor Langevin stated areas of the town needed to be cleaned, such as Mechanic Street, and that people should be getting citations for littering.

Councilor Langevin asked who authorized putting new plants in the parking area behind the Town Hall when there were so many other needs in the town that needed to be addressed by the DPW.

Councilor Langevin stated regarding the water rates that everything is going up, but he had a problem with a retroactive billing, and he wanted to give rebates for now.

Councilor Langevin stated the town needed new growth, and grants needed to be accepted and not shot down.

Councilor Lazo stated in the area of Elm Street from Elm Variety to the A1 Mart the dust from construction was unbearable, and the contractor Amorello needed to provide for dust control.

Councilor Lazo stated the minibikes, "pocket rockets," which had been banned from public streets, were still out on the roads and needed to be prohibited.

Councilor Lazo agreed the road from Sturbridge to Southbridge was a mess, including potholes, and the DPW needed to look into this and do repairs.

Councilor Lazo asked if the town had purchased a police motorcycle, and Chairman Chernisky stated he believed this was being leased.

Councilor Lazo wished the school nurse Mrs. Marino the best in retirement.

AGENDA ITEM #15. DISCUSSION OF THE NEXT MEETING DATE.

Councilor McDonald recommended 9/12/05, seconded by Councilor Nikolla. Vote by show of hands, 9 to 0 all in favor.

A motion was made to adjourn by Councilor Marcucci, seconded by Councilor Nikolla. Vote by show of hands, 9 to 0 all in favor.

The meeting adjourned at 7:49 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE TOWN COUNCIL MEETING, MONDAY, AUGUST 8, 2005

A meeting of the Southbridge Town Council was held on Monday, August 8, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:03 p.m.

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

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

AGENDA ITEM #3. CONSIDER AND ACCEPT MINUTES:

  • July 18-19, 2005 Regular meeting. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Chairman Chernisky stated in Agenda Item #14 the word Federal should be replaced with the word State. Vote by show of hands, 8 to 0 all in favor.
  • July 27, 2005 Joint meeting with School Committee. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to accept these minutes. Vote by show of hands, 8 to 0 all in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

  • a. General Government. Councilor McDonald read the minutes of the joint General Government and EHS subcommittee meeting of 7/25/05.
  • b. DPW. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
  • c. Education and Human Services. Councilor Langevin read the minutes of the 8/3/05 subcommittee meeting.
  • d. Planning and Development. Councilor Vandal stated there were no minutes to read and no meeting was scheduled.
  • e. Protection of Persons and Property. Councilor Ferron read the minutes of the 8/2/05 subcommittee meeting.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated today's public hearing on the access road had been closed as the Town Council has no intention of building an access road from Route 169 at this time. He stated he hoped to vote the minutes of the 7/18/05 Executive Session meeting open soon, by the 8/29/05 Town Council meeting. Chairman Chernisky stated he would pursue other access road sites.

Chairman Chernisky congratulated Town Clerk Madaline Daoust for completing her course work at Salve Regina College, toward becoming the Town's first Certified Town Clerk.

Chairman Chernisky stated regarding Mr. David Langevin (not Councilor Langevin) of Southbridge, there should be a subcommittee meeting on his drainage issues, specifically DPW subcommittee.

Chairman Chernisky stated regarding the fundraiser whiffleball tournament, he invited other boards and organizations in town to field a team and participate.

Chairman Chernisky thanked the DPW for the work done on the Central Street Parking Lot, and stated it would be good to clean the alleyway as well.

Chairman Chernisky described how Southbridge Pop Warner parents got together and mowed the practice field, as it had not been mowed by those responsible for mowing it. Councilor Langevin stated it was time to look into consolidating the maintenance function of the School Maintenance Department into the Town's DPW, and this should be discussed at subcommittee.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS - GENERATOR BID FOR SOUTHBRIDGE HIGH SCHOOL

Town Manager Carlisle stated he had brought together the bid to get a 200 kilowatt generator to the high school, which would support the three functioning boilers at the high school. Mr. Carlisle stated a new generator would be coming to the Fire Station soon, paid for by a federal anti-terrorist grant.

Mr. Carlisle stated the opening of Old South Street was in discussion with the Army Corps of Engineers. He stated safety was the key issue in its operation. He stated there was discussion between the Town and the Corps of Engineers, and seven items had been resolved. Mr. Carlisle stated at this point it appeared passable for 1+ lanes of traffic. Mr. Carlisle stated the roadway would be better marked as to a 10 ton weight restriction.

AGENDA ITEM #7. CITIZENS' FORUM

Marc Cournoyer of Locust Ave spoke. He stated he had applied for a grant to install a canopy on his property on Hamilton Street, and had been denied. He referred to the letter he had written to Town Councilors over the weekend describing his plight.

Councilor Marcucci stated she had spoken to several Councilors about this, as well as the Chairman, and she wanted this resolved in Planning and Development Subcommittee.

Councilor Marino stated Mr. Cournoyer was being discouraged from trying to receive a federal grant for repair on his Hamilton Street building, and whomever wrote the letter provided by Mr. Cournoyer should be fired. Councilor Lazo stated he agreed with this. Councilor Vandal stated he would schedule a meeting of the Planning and Development Subcommittee.

Donald Bailey of Pleasant Street spoke, and stated the Town had taken away parking and increased the speed limit on Pleasant Street, and there was no controlling the trucks going to the landfill.

AGENDA ITEM #8. VOTE TO APPOINT LAUREN McLOUGHLIN TO THE EDUCATION AND HUMAN SERVICES SUBCOMMITTEE FOR A TERM TO EXPIRE JUNE 30, 2006. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #9. VOTE TO APPOINT ANN FENWICK-BEINEMA TO THE EDUCATION AND HUMAN SERVICES SUBCOMMITTEE FOR A TERM TO EXPIRE JUNE 30, 2006. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #10. VOTE TO APPOINT PETER RAMIREZ TO THE TOWN MANAGER SUBCOMMITTEE FOR A TERM TO EXPIRE JUNE 30, 2006. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item.

Councilor Lazo stated Mr. Ramirez was on other boards, and he thanked him for giving so much of his time to the Town.

Councilor Marino asked if it was wise to have one individual on several committees, and there may be other people interested in serving the Town. Councilor Vandal stated he agreed with this, and he recommended sending this to subcommittee for discussion. Councilor Vandal stated all nine Councilors should be on the Town Manager Subcommittee, with no citizen members on it. Chairman Chernisky stated all subcommittee meetings were open to all Councilors, and any recommendation at subcommittee had to go to the full Council for final say.

Councilor Lazo stated Mr. Ramirez served on several boards but this was a subcommittee, and also the Town Charter did not limit the number of boards a citizen could serve on. Councilor Langevin stated Mr. Ramirez would be an asset on that subcommittee, and iterated any decision made in subcommittee had to be ratified by the full Council. Mr. Carlisle stated the service Mr. Ramirez had performed for the Charter Commission was ad hoc and was now finished. Mr. Carlisle stated the Bylaw Review Committee, which was chaired by Mr. Ramirez, was an ad hoc committee and was nearing its end. Mr. Carlisle stated Mr. Ramirez was on the Planning Board, which was a Town Manager appointment. Councilor Vandal stated Mr. Ramirez should quit the Planning Board in order to be on the Town Manager Subcommittee.

Councilor Vandal made a motion to send this discussion regarding appointment of Peter Ramirez to the Town Manager Subcommittee to subcommittee for discussion, seconded by Councilor Marino.

Councilor Marcucci stated the Town Manager Subcommittee would dissolve when contract issues with the Town Manager were resolved. Councilor Marcucci stated there were not a lot of people willing to serve on Town boards, and the same people volunteer all the time.

Chairman Chernisky stated there were four reasons for the Town Manager Subcommittee. He stated these were as follows:

  • 1) Discussion of extending the Town Manager's contract.
  • 2) Discussion of renegotiating the Town Manager's contract.
  • 3) Setting goals and objectives for the Town Manager.
  • 4) Setting the process of evaluating the Town Manager.

Chairman Chernisky stated when the above goals were accomplished then the Town Manager Subcommittee would be done. Chairman Chernisky stated the Town Manager worked for the entire community, and while the Town Council oversees the Town Manager he still works for the whole community, and as such it was proper to have citizens of the Town serving on this subcommittee.

Motion to send Agenda Item #10 to subcommittee for discussion (as above). Vote -- by roll call -- Councilors in favor: Marino, Vandal. Councilors opposed: Chernisky, Ferron, Langevin, Lazo, Marcucci, McDonald. Motion fails.

AGENDA ITEM #10. VOTE TO APPOINT PETER RAMIREZ TO THE TOWN MANAGER SUBCOMMITTEE FOR A TERM TO EXPIRE JUNE 30, 2006. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, AND MCDONALD. COUNCILORS OPPOSED: MARINO AND VANDAL. MOTION PASSES.

AGENDA ITEM #11. VOTE TO CONFIRM THE APPOINTMENT OF ALAN R. JESKEY AS A CONSTABLE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #12. VOTE CONFIRM THE APPOINTMENT OF PAUL STEFANELLI, JR. AS A POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE EFFECTIVE AUGUST 22, 2005 FOR AN INDEFINITE TERM. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item.

Police Chief Charette asked the Town Council to amend this item to include a start date of 8/14/05. This was made a motion by Councilor McDonald, seconded by Councilor Lazo. Councilor Marcucci asked the reason for this amendment, and Chief Charette stated it had to do with Civil Service rules about transfer. Vote to change the start date in Agenda Item #12 to 8/14/05 from 8/22/05 -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, and Vandal. Motion passes.

Chief Charette stated he had ten good candidates, and he felt he got the best two.

AGENDA ITEM #12. VOTE TO CONFIRM THE APPOINTMENT OF PAUL STEFANELLI, JR. AS A POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE EFFECTIVE AUGUST 14, 2005 FOR AN INDEFINITE TERM (AS AMENDED). VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #13. VOTE TO CONFIRM THE APPOINTMENT OF ROBERT L. CAMPBELL AS A POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE EFFECTIVE AUGUST 22, 2005 FOR AN INDEFINITE TERM.

A motion was made by Councilor McDonald, seconded by Councilor Ferron, to amend this motion to read August 14, 2005. Vote to amend Agenda Item #13, as described -- by roll call -- Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, and Vandal. Motion passes.

AGENDA ITEM #13. VOTE TO CONFIRM THE APPOINTMENT OF ROBERT L. CAMPBELL AS POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE EFFECTIVE AUGUST 14, 2005 (AS AMENDED). A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this amended item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

Councilor Langevin stated he had no problem with this appointment, but wanted in the future to utilize auxiliary policeman for promotions whenever possible.

AGENDA ITEM #14. VOTE TO AMEND THE PARKING REGULATIONS FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00121 AS FOLLOWS:

- That a permit be issued for a "No Parking" zone on the easterly side of Elm Street beginning at the intersection of Lebanon Street, thence northerly a distance of 355 feet +/- to a point.

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #15. SOUTHBRIDGE BY-LAW REVIEW COMMITTEE PRESENTATION.

Mr. Peter Ramirez of the By-Law Review Committee described the work of the committee to this point, and presented each Councilor with a copy of the draft work thus far. Chairman Chernisky stated he would assign this discussion to the General Government subcommittee.

AGENDA ITEM #16. VOTE TO RATIFY THE CONTRACT IN THE AMOUNT OF $4,400.00 WITH RAYMOND A. St.JEAN AND MARGUERITE A. St.JEAN FOR LEASE OF PROPERTY LOCATED ON DUDLEY RIVER ROAD. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #17. VOTE TO RATIFY THE CONTRACT IN THE AMOUNT OF $6,125.00 WITH JENNIFER A. RULLI TO PROVIDE LOW IMPACT AEROBICS CLASSES FOR 100 CITIZENS OF SOUTHBRIDGE AGED 60 AND OVER AT THE CAUSABON SENIOR CENTER. A motion was made by Councilor McDonald, seconded by Councilor Marcucci, to vote this item. Councilor Lazo asked how this was funded, and Mr. Carlisle stated through a grant from the State. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #18. VOTE TO RATIFY THE CONTRACT IN THE AMOUNT OF $42,000.00 FOR THE FY 2005 AUDIT, WITH AN ADDITIONAL FEE OF $5000.00 FOR THE SCHOOL END OF YEAR REPORT WITH MELANSON HEATH & COMPANY, PC. A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote this item. Discussion was held. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #19. VOTE TO RATIFY THE CONTRACT IN THE AMOUNT OF $14,700.00 WITH ELEVATOR MAINTENANCE & SERVICE, INC., FOR TOWN-WIDE ELEVATOR MAINTENANCE. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #20. VOTE TO RATIFY THE CONTRACT IN THE AMOUNT OF $38,122.00 WITH GRODSKY SERVICE, INC. FOR TOWN-WIDE HVAC SYSTEM AND CONTROL MAINTENANCE. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #21. VOTE TO RATIFY THE CONTRACT IN THE AMOUNT OF $3,154.00 WITH HI-WAY SAFETY SYSTEMS, INC., FOR REFLECTORIZED PAVEMENT MARKINGS. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

AGENDA ITEM #22. VOTE THAT THE TOWN COUNCIL OF THE TOWN OF SOUTHBRIDGE HEREBY TAKES THE FEE INTEREST IN THE LAND LOCATED IN THE TOWN OF SOUTHBRIDGE, WORCESTER COUNTY, MASSACHUSETTS, BEING FURTHER DESCRIBED AS FOLLOWS:

- The land located off Worcester Street, Southbridge, Massachusetts and shown as lots numbered thirty-five (35), thirty-six (36), thirty-seven (37), thirty-eight (38), thirty-nine (39) and forty (40) on a plan entitled "Worcester Villa, Section B. Southbridge, Mass. Plotted for the Unit Land Co.", made by F.T. Westcott, C.E., August 1912, recorded in the Worcester District Registry of Deeds, Plan Book 21, Plan 62 (the "Plan):

  • For the purpose of providing access and utilities to land owned by the Town of Southbridge;
  • and further, that the Town Council shall execute an order of taking for said land;
  • and further, that damages are awarded as stated in the order of taking;
  • and further, that the Town Manager is authorized to record the order of taking with the Worcester District Registry of Deeds within 30 days

(Majority vote required)

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

Discussion was held regarding the wording of this item. Councilor Lazo made a motion to amend the language of this Agenda Item, with the wording "...providing access and utilities to land owned by the Town..." replaced by the wording "...providing access for utilities on land owned by the Town..." This motion was seconded by Councilor Vandal.

Vote to amend Agenda Item #22, as amended above. By roll call -- Councilors in favor: Lazo, Marcucci, Marino, McDonald, and Vandal. Councilors opposed: Chernisky and Ferron. Councilors abstaining: Langevin. Motion passes.

AGENDA ITEM #22 (AS AMENDED). VOTE THAT THE TOWN COUNCIL OF THE TOWN OF SOUTHBRIDGE HEREBY TAKES THE FEE INTEREST IN THE LAND LOCATED IN THE TOWN OF SOUTHBRIDGE, WORCESTER COUNTY, MASSACHUSETTS, BEING FURTHER DESCRIBED AS FOLLOWS:

- The land located off Worcester Street, Southbridge, Massachusetts and shown as lots numbered thirty-five (35), thirty-six (36), thirty-seven (37), thirty-eight (38), thirty-nine (39) and forty (40) on a plan entitled "Worcester Villa, Section B. Southbridge, Mass. Plotted for the Unit Land Co.", made by F.T. Westcott, C.E., August 1912, recorded in the Worcester District Registry of Deeds, Plan Book 21, Plan 62 (the "Plan):

  • For the purpose of providing access for utilities on land owned by the Town of Southbridge;
  • and further, that the Town Council shall execute an order of taking for said land;
  • and further, that damages are awarded as stated in the order of taking;
  • and further, that the Town Manager is authorized to record the order of taking with the Worcester District Registry of Deeds within 30 days

(Majority vote required)

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this amended item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. COUNCILORS ABSTAINING: LANGEVIN. MOTION PASSES.

AGENDA ITEM #23. VOTE THAT THE TOWN COUNCIL OF THE TOWN OF SOUTHBRIDGE HEREBY TRANSFERS $5,050.00 FROM THE LANDFILL SPECIALIZED SERVICES ACCOUNT 650-0945-5300 TO THE LANDFILL FUND LAND ACQUISITION ACCOUNT;

  • And further, that the Town Manager is authorized to use such funds for payment of damages arising from the taking of the land shown as lots number thirty-five (35), thirty-six (36), thirty-seven (37), thirty-eight (38), thirty-nine (39) and forty (40) on a plan entitled "Worcester Villa, Section B. Southbridge, Mass. Plotted for the Unit Land Co.", made by F.T. Westcott, C.E., August 1912, recorded in the Worcester District Registry of Deeds, Plan Book 21, Plan 62.

(2/3 vote required)

A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. COUNCILORS ABSTAINING: LANGEVIN. MOTION PASSES.

AGENDA ITEM #24. COUNCILORS' FORUM

Councilor Lazo asked the Town Manager to tell Casella to notify residents on Worcester Street if there is be any more blasting, specifically the 6 houses closest to the blasting.

Councilor Lazo thanked the Town Manager and Hamer Clarke for their efforts to keep Old South Street open for cars.

Councilor Lazo commended Paul Zotos for his work on providing the Concerts on the Common, and he urged people to attend.

Councilor Lazo asked for a list of streets which were impassable by the Fire Department's fire truck Tower #1.

Councilor Marino asked about the increasing water rates. Mr. Carlisle stated part of the problem was increased energy rates, which increased markedly the cost of delivering water. Mr. Carlisle stated in the future the Town would have a plant for processing septic waste, which would save more money. Mr. Carlisle stated the increase this year was tied directly to the water flow.

Councilor Marino stated starting next month he wanted Councilors to get a report describing money received from Casella, and money received from the Town of Sturbridge for providing them water and sewer services.

Councilor McDonald stated he hoped Mr. Cournoyer would get resolution of grant aid for improvements on his property on Hamilton Street. Councilor McDonald stated he was glad to see Old South Street reopened.

Mr. Carlisle stated regarding the federal grant, the grant was for businesses considered for profit. Mr. Carlisle stated he had urged Mrs. Acly to inquire of the State to see if there was a clarification that could be made to allow this.

Councilor Vandal made a motion to suspend the rules and add an agenda item, regarding not putting an access road to the landfill off of Worcester Street. This was seconded by Councilor Marino. Vote to suspend the rules and add an agenda item to tonight's meeting. Vote -- by roll call -- Councilors in favor: Chernisky, Langevin, Lazo, Marcucci, Marino, McDonald, and Vandal. Councilors opposed: Ferron. Motion passes.

A discussion was held regarding whether or not this should be done. Councilor Ferron stated this was a big mistake. He stated the people on Pleasant Street were still stuck until the Town could come up with another solution. He stated every day the Town was losing revenue by not allowing this access road to be placed. Councilor Ferron stated Casella had a plan to help the schools, with a plan to give the Town more money. Councilor Vandal stated Casella was doing nothing for the Town except bringing in a lot of trash.

Councilor Marcucci stated she wanted the executive session meeting minutes voted open and presented to the public. She stated she believed this was too aggressive an approach. She stated she preferred items for vote such as this to come before the Council with four signatures, in a written form. Councilor Marcucci stated the community was not being served with this, and the Council looked foolish piecing together an agenda item in this manner. She asked for patience, stating the Council was aggressively looking for other solutions. Councilor Vandal stated he would still like to end this tonight.

Monique Lefebvre of Worcester Street stated Casella had told the residents at the site of the proposed access road that low income housing would be placed at the end of any access road.

Chairman Chernisky stated the Town needed more revenue. He stated without new revenue then the Town would probably be forced to cut services. Chairman Chernisky stated it was not necessary to do this vote tonight.

A discussion was held regarding the specific language of this agenda item. This agenda item was determined to be as follows: "Should the Town of Southbridge reject the construction of an access road as proposed off of Worcester Street indefinitely?". This wording was made motion by Councilor Vandal, seconded by Councilor Lazo.

AGENDA ITEM (ADDED). Should the Town of Southbridge reject the construction of an access road as proposed off of Worcester Street indefinitely? Vote -- by roll call -- Councilors in favor: Lazo, Marino, McDonald, and Vandal. Councilors opposed: Chernisky, Ferron, and Marcucci. Councilors abstaining: Langevin. Agenda Item passes.

A recess was called at 9:25 p.m. The meeting resumed at 9:36 p.m.

Councilor Vandal stated he was appalled by the water and sewer rates going up.

Councilor Vandal asked about perpetual care for the honor roll monuments. Mr. Carlisle stated the Honor Roll Committee had provided money for perpetual care, and the last time he checked this account had at least $5,000. Councilor Vandal stated the other monuments were not receiving perpetual care, and the Town should take the $5,000 and buy flowers or other care.

Councilor Vandal asked the Town Manager if Casella was up to speed on their payments. Mr. Carlisle stated as of July they were. Mr. Carlisle stated he would check this.

Chairman Chernisky asked if the Town would be in violation of the contract with the landfill operator by not pursuing construction of an access road. Councilor McDonald stated the Town was pursuing this road. Councilor Vandal stated the contract did not require the Town to build an access road. Councilor Marcucci stated she wanted Councilors to be open-minded, and that Attorney Giorgio had stated repeatedly that the Council makes the ultimate decision on any access road to the landfill site. Councilor Ferron stated the Town needed to be proactive regarding bringing jobs to the community.

AGENDA ITEM #25. Discussion of the next meeting date. Councilor McDonald made a motion to have the next meeting on 8/29/05, seconded by Councilor Langevin. Vote by show of hands, all in favor.

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

The meeting adjourned at 9:50 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE JOINT TOWN COUNCIL-SCHOOL COMMITTEE MEETING, WEDNESDAY, JULY 27, 2005

A joint meeting of the Southbridge Town Council and the School Committee was held on Wednesday, July 27, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:03 p.m.

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

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

SCHOOL COMMITTEE. MEMBERS PRESENT: DIGREGORIO, DOMINKO, JOVAN, LAZO, LOGAN, PRENCIPE, AND WOODRUFF.

AGENDA ITEM #3. VOTE TO AMEND SCHEDULE 1 OF THE CLASSIFICATION AND COMPENSATION PLAN.

Chairman Chernisky stated this item would be passed over in tonight's meeting.

AGENDA ITEM #4. VOTE TO CONFIRM THE APPOINTMENT OF JAMES D. PATTERSON AS LIBRARY DIRECTOR FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE AUGUST 31, 2008. A motion was made by Councilor Ferron , seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #6. TOWN COUNCIL CHAIRMAN'S OPENING STATEMENT

Chairman Chernisky stated it was important for the two boards to have open lines of communication. He stated he wanted to know the surplus from the FY05 budget when this was determined. She stated there was a citizens' group that wished to help with the maintenance with the schools. Chairman Chernisky stated the administration at Shepherd Hill was offering to help in any way.

AGENDA ITEM #7. SCHOOL COMMITTEE CHAIRMAN'S OPENING STATEMENT

Mr. Jovan stated the two boards had to foster a team approach to solving problems. He stated this was not a Town problem or a School problem, but a community problem. Mr. Jovan stated there are many positive things happening, including the new hires of several key positions in the School administration. Mr. Jovan stated one positive step had been the purchase of the Town of a new computer system to help properly keep track of finances.

At this point Chairman Chernisky stated Agenda Item #5 had been inadvertently skipped, and would now be acted upon.

AGENDA ITEM #5. VOTE TO RATIFY THE CONTRACT WITH JAMES D. PATTERSON. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #8. INTRODUCTION OF NEW SUPERINTENDENT

Mr. Jovan introduced Dr. Hanley, who stated she was delighted to be coming to Southbridge. She stated there were many challenges that would be resolved in the coming year. Dr. Hanley stated she would be assuming her post on August 15th, 2005. Dr. Hanley stated the Commissioner of Education would be in town in a couple of weeks for a meeting, and she would invite a member of the Town Council to be present at that meeting as well.

AGENDA ITEM #9. BRIEF DISCUSSION OF FY2005 SURPLUS

Interim School Superintendent Gene Thayer and Town Manager Clayton Carlisle each described the budget surplus.

Catherine Chernisky of Elm Street spoke next. She stated it was unfortunate the community had been put through the stress of the recent Proposition 2 1/2 override. Councilor Nikolla stated it was time for everyone to move forward from this. Councilor McDonald stated it should be easier to have better financial tracking at this point, now that the Town had purchased an updated computer system for finances. Councilor Langevin stated he expected the Education and Human Services Subcommittee to meet at least quarterly with the School Department, and this would improve communication between the two boards. Robin Weber of Dennison Drive stated both boards had to make schools a priority.

Chairman Chernisky called for a recess at 8:37 p.m. The meeting continued at 8:47 p.m.

AGENDA ITEM #10. DISCUSSION OF FY06 BUDGET

Mr. Jovan stated the surplus for FY05 had been rolled over into FY06. He stated the school committee would soon be sitting with Dr. Hanley to talk about the best use of the budget. Mr. Carlisle stated the Town had an original goal of keeping the FY06 tax levy to only a 6.75% increase, which required the Town to close the gap by about $1,600,000, and this was still the goal, and the school's budget when clarified would be a factor in that goal.

AGENDA ITEM #11. PRELIMINARY DISCUSSION OF FY07 BUDGET

Chairman Chernisky asked the Town Manager to devise a time line for when various budget numbers needed to be ascertained. Mr. Carlisle stated again the chief problem with all future budgets was that revenues were not keeping pace with increasing expenditures.

AGENDA ITEM #12. DISCUSSION OF THE SCHOOL BUILDING PROJECT

Chairman Chernisky stated a plan had been presented to the Town Manager by the School Building Committee. Chairman Chernisky stated he would work toward having Southbridge be a priority with the State when moneys were made available for these type of projects, in July of 2007. Chairman Chernisky stated he would like the School Building Committee and the Education and Human Services Subcommittee to meet, for finalized input. Mr. Lazo of the School Department and the School Building Committee described some of the various recommendations as they are now.

AGENDA ITEM #13. ADJOURNMENT

Chairman Chernisky stated the Town Council and the School Committee should meet again around November.

A motion was made to adjourn by Councilor Marcucci, seconded by Councilor Ferron. Vote by show of hands, all in favor. The meeting adjourned at 9:20 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN OF SOUTHBRIDGE TOWN COUNCIL MEETING, MONDAY, JULY 18, 2005

A meeting of the Southbridge Town Council was held on Monday, July 18, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:00 p.m.

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

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

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE JULY 11, 2005

Reorganizational meeting. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

Regular Town Council meeting. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

Chairman Chernisky stated this would be passed over, as there were no formed subcommittees at this time.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky stated the joint meeting with the Town Council and the School Committee was being moved to July 27, 2005. He stated it would be a working meeting, conducted away from the dais in more of a round table manner, and would hopefully focus on the school surplus and about helping the children. Chairman Chernisky stated he was hoping for no cameras.

Chairman Chernisky stated the public hearing scheduled for 7/25/05 had been postponed until 8/8/05, prior to the regular Council meeting.

Chairman Chernisky stated a citizen group had come to him offering to do repairs such as painting and carpentry at the Armory site.

Chairman Chernisky asked Councilors to not make a blanket statement to the Town Manager, and that the Town Manager could respond in a like manner as everyone else.

Chairman Chernisky stated the Town Council had been invited to form a wiffle-ball team as part of a fundraiser for a sick child. He encouraged the Council and the public to get involved.

Chairman Chernisky stated the following subcommittee chairmen had been assigned:

  • General Government: Councilor McDonald.
  • Education and Human Services: Councilor Langevin.
  • Department of Public Works: Councilor Lazo.
  • Protection of Persons and Property: Councilor Ferron.
  • Planning and Development: Councilor Vandal.

Chairman Chernisky stated in accordance with the Town Charter a new subcommittee was being formed, whose responsibility would be Town Manager issues such as contract issues, goals and objectives, and establishment of an evaluation process. Chairman Chernisky stated this Town Manager subcommittee would be chaired by Councilor Marcucci. He stated Theresa Colognesi was being considered as a Citizen Member of this subcommittee by vote on tonight's agenda.

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated regarding the Armory, approximately $163,000 of the recent bond issue for the Armory was for repairs. He stated through the good works of the Ad Hoc Armory Committee, recommendations as well as a plan forward had been devised. He stated he had provided Ad Hoc Armory Committee member Tanya Dominko with a list of things to be done. He stated he was aware of this citizen interest, and he would forward their information to the Council.

Councilor McDonald stated he wanted to be able to use the Armory in support of the yearly Toys for Tots Program, as a substitute for using the Police Station. Mr. Carlisle stated they could set up any time after July.

Mr. Carslisle stated he had sent a draft inter-municipal agreement to the Town of Charlton regarding the sale of 100,000 gallons of water a day. Mr. Carlisle stated this was with the Charlton Board of Selectmen, and he expected a response by the end of the week. Mr. Carlisle stated there were no engineering issues on the Southbridge side that needed to be completed prior to the tie in with Charlton.

Mr. Carlisle stated Southbridge Tire Company had agreed to host, at least through the end of the year, a pilot program to accept yard waste. This program would take place at the 96 Dresser Hill Road facility. Mr. Carlisle stated also that the Town had available for sale composting bins, and that the schedule for picking up trash included a month in the fall and a month in spring where yard waste would be picked up.

Mr. Carlisle stated the State had confirmed the awarding of $600,000 to Southbridge in the form of a Community Development Block Grant.

Mr. Carlisle stated the Town Treasurer and the Town Accountant had pressed through the June receipts, and the Town had overachieved the local receipt target by $180,000. Mr. Carlisle stated a lot of this was ambulance receipts and municipal Medicare reimbursements.

Mr. Carlisle stated the Liquor Licensing Board had submitted to the Town Council their report. Mr. Carlisle stated this board was ready to meet with the Town Manager and in turn the Town Council for any steps the Council sees fit.

Mr. Carlisle stated he had received word from the Army Corps of Engineers that they intended to close the Old South Road. Mr. Carlisle stated the Town was asking for clarification, and he intended to draw support on this matter from Sturbridge and from State legislators.

Mr. Carlisle stated the renewal of the lease for the St.Jean field was now an issue, and he requested this be forwarded to subcommittee for discussion.

Mr. Carlisle stated regarding police presence at the dismissal of church service, he had asked the police chief for a log of police activities at this time, and the chief had done so for a short period.

Mr. Carlisle stated regarding the blasting done at the site of the electrical access to Casella, this blasting had conformed with all laws, and had been handled in conjunction with proper Town authorities.

Mr. Carlisle described the budgetary activities of the School Department Mr. Carlisle stated the School Department was holding a meeting to determine what to do with the $808,000 in their budget. Mr. Carlisle stated any money not spent in FY05 would be carried over into free cash for FY06.

Councilor Marino stated the blasting work done off Worcester Street was being done to construct a road.

AGENDA ITEM #7. CITIZENS FORUM

Donald Bailey of Pleasant Street asked about activities related to the access road. Chairman Chernisky stated these issues were to be discussed the following evening in executive session.

AGENDA ITEM #8. VOTE TO CONFIRM THE APPOINTMENT OF RENE E. TREMBLAY TO THE BOARD OF HEALTH FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #9. VOTE TO CONFIRM THE RE-APPOINTMENT OF GEORGE E. PARENT TO THE GENERAL GOVERNMENT SUBCOMMITTEE UNTIL JUNE 30, 2006. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. . VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #10. VOTE TO CONFIRM THE RE-APPOINTMENT OF MAURICE J. CAPISTRAND TO THE DEPARTMENT OF PUBLIC WORKS SUBCOMMITTEE UNTIL JUNE 30, 2006. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. . VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #11. VOTE TO CONFIRM THE RE-APPOINTMENT OF MARK L. MORIN TO THE PLANNING AND DEVELOPMENT SUBCOMMITTEE UNTIL JUNE 30, 2006. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item. . VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #12. VOTE TO APPOINT THERESA G. COLOGNESI TO THE TOWN MANAGER SUBCOMMITTEE UNTIL JUNE 30, 2005. A motion was made by Councilor Marcucci, seconded by Councilor Langevin, to vote this item. . VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #13. VOTE TO AUTHORIZE THE TOWN COUNCIL TO SIGN THE BOND ANTICIPATION NOTES THAT WILL ISSUE ON JULY 29, 2005 AND MATURE ON NOVEMBER 3, 2005, THE BOND ANTICIPATION NOTES INCLUDE:

  • DPW Facility $1,553,500
  • Voting Equipment 30,500
  • Toro Groundmaster Mower 47,000
  • Ambulance 140,000
  • TOTAL $1,771,000

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

Councilor Marino asked about the $1,553,500 and the new DPW facility. Mr. Carlisle stated this was the total cost of the facility, plus engineering fees, plus environmental work performed. Mr. Carlisle stated the attorneys were meeting to review the details of the opening.

AGENDA ITEM #14. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

AGENDA ITEM #15. VOTE TO RATIFY THE CONTRACT BETWEEN THE TOWN OF SOUTHBRIDGE AND BSC GROUP IN THE AMOUNT OF $120,000.00 FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT FOR URBAN RENEWAL PLANNING IN THE DOWNTOWN AREA. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Lorna Chernisky of the Southbridge Redevelopment Authority described the formulation of an urban renewal plan over the previous 18 months, and the choosing of a consultant for the urban renewal project.

Jeff Fasser of the BSC Group gave a short presentation describing the development of a plan for urban renewal. He stated this would be a four-tiered approach. First, the Community of Southbridge would be engaged with the planning. Second, a vision for the larger Downtown area was to be established. Third, the preparation of an urban renewel plan would take place. Fourth, an implementation strategy was to be developed. Mrs. Chernisky iterated that the entire project would be paid with Federal grant money.

AGENDA ITEM #16. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS ABSTAINING: CHERNISKY. MOTION PASSES.

AGENDA ITEM #17. COUNCILORS FORUM

Councilor Langevin thanked the DPW for the gardening work performed at the Town Common.

Councilor Lazo stated he would be a wiffleball team member. He also thanked the Town Manager for his efforts in getting the disposal of yard waste under control.

Councilor Vandal stated the parking problem in front of J.I. Morris had merely shifted, and now an accident was waiting to happen at the bottom of Lebanon Hill Road. Chairman Chernisky stated this was being referred to subcommittee.

Councilor Vandal stated he wanted a policeman posted at St. Mary's Church and St. Hedwig's Church for ten minutes when church let out.

Councilor Vandal stated perhaps the Worcester County Jail could provide free labor for work on the Armory.

Councilor Vandal stated he was upset when he learned the new School Superintendent was being paid $121,000 per year. He stated a $26,000 a year increase over the prior superintendent's salary was absurd.

Councilor Ferron stated he would be a wiffleball team member.

Chairman Chernisky stated there would be more appointees of Citizen Members to subcommittees at the next meeting, and if anyone were interested they should contact the chairmen of the subcommittees for possible inclusion.

Chairman Chernisky stated the Protection of Persons and Property subcommittee would be dealing with the issue of parking bans, and liquor licensing. He stated also that General Government would be dealing with the StJean property, and the landfill monitor position.

AGENDA ITEM #18. DISCUSSION OF THE NEXT MEETING DATE

A joint meeting with the School Department was recommended for 7/27/05 by Councilor McDonald, seconded by Councilor Marcucci. VOTE BY SHOW OF HANDS, 9 TO 0 ALL IN FAVOR.

Chairman Chernisky asked for a motion to change the public hearing scheduled for 7/25/05 to 8/8/05. This motion was made by Councilor Ferron, seconded by Councilor Langevin. VOTE BY SHOW OF HANDS, 9 TO 0 ALL IN FAVOR.

A motion was made to have a regular Council meeting on 8/8/05 by Councilor Ferron, seconded by Councilor Lazo. VOTE BY SHOW OF HANDS, 9 TO 0 ALL IN FAVOR.

Discussion was held regarding any cease and desist order to Casella for further development of the land off Worcester Street. Mr. Carlisle stated a cease and desist order had legal connotations, and he had instead simply asked Casella to hold off on further work until the Council met on this issue.

A motion was made to continue the meeting to the next night, 7/19/05, in the Rice Conference Room. This motion was made by Councilor McDonald, seconded by Councilor Ferron. VOTE BY SHOW OF HANDS, 9 TO 0 ALL IN FAVOR.

Chairman Chernisky stated the meeting was recessed until the following night at 7 p.m. in the Rice Conference Room.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


REORGANIZATIONAL MEETING, MONDAY, JULY 11, 2005

The reorganizational meeting and 32nd seating of the Southbridge Town Council was completed on July 11, 2005, in the Robert MacKinnon Council Chambers.

Agenda Item #1. Call to order and seating of Chairman Pro-Tem (Town Manager Clayton R. Carlisle)

Mr. Carlisle opened the meeting at 7 p.m. and announced Councilor McDonald was Chairman Pro-Tem, based on longest continuous service on the Town Council.

Agenda Item #2. Pledge of Allegiance. Chairman Pro-Tem McDonald led the Council in the Pledge of Allegiance.

Agenda Item #3. Swearing-in of Councilors Elect - Town Clerk Madaline I. Daoust. Town Clerk Mrs. Daoust conducted the swearing-in ceremony for Councilors Elect Catherine Nikolla, Ronald Chernisky, and Steven Lazo.

Agenda Item #4. Invocation. The Reverend John Shaw of the Masonic Post in Charlton asked God's blessing on all elected officials and for the Town.

Agenda Item #5. Roll Call. Councilors Present: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Nikolla, and Vandal.

Agenda Item #6. Election of Permanent Chairman.

Councilor McDonald asked for nominations.

Councilor Langevin nominated Councilor Chernisky as Permanent Chairman, seconded by Councilor Marcucci.

Councilor Vandal nominated Councilor McDonald as Permanent Chairman, seconded by Councilor Lazo.

Vote for Permanent Chairman -- by roll call -- Councilor Chernisky 6 votes (Chernisky, Ferron, Langevin, Marcucci, Marino, and Nikolla), Councilor McDonald 3 votes (Lazo, McDonald, and Vandal). Councilor Chernisky was elected Chairman of the Southbridge Town Council.

Agenda Item #7. Election of Vice-Chairman

Chairman Chernisky asked for any nominations for Permanent Vice-Chairman.

Councilor Marcucci nominated Councilor McDonald, seconded by Councilor Ferron.

Councilor Vandal nominated Councilor Lazo, seconded by Councilor Langevin.

Vote for Permanent Vice-Chairman -- by roll call -- Councilor McDonald 6 votes (Chernisky, Ferron, Langevin, Marcucci, Marino, and McDonald), Councilor Lazo 3 votes (Lazo, Nikolla, and Vandal). Councilor McDonald is elected Vice-Chairman of the Southbridge Town Council.

Agenda Item #8. Adoption of permanent seating arrangement (The newly elected Chairman will direct this procedure)

Chairman Chernisky with the assistance of the Town Clerk directed the seating of the 32nd Southbridge Town Council.

Agenda Item #9. Discussion of next meeting date. Councilor McDonald made a motion that the next meeting precede the current meeting after a short recess. This was seconded by Councilor Lazo. Vote by show of hands, 9 to 0 all in favor. The reorganizational meeting portion of the first Southbridge Town Council meeting concluded at 7:15 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, MONDAY, JULY 11, 2005

A meeting of the Southbridge Town Council was held on Monday, July 11, 2005, in the Robert MacKinnon Council Chambers. Chairman Chernisky called the meeting to order at 7:25 p.m.

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

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

Agenda Item #3. CONSIDER AND ACCEPT THE MINUTES OF THE JUNE 29, 2005 MEETING. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to approve these minutes. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. COUNCILORS ABSTAINING: NIKOLLA.

Agenda Item #4. SUBCOMMITTEE REPORTS

  • a. General Government. Chairman Chernisky stated there were no minutes to read and no meeting was scheduled.
  • b. DPW. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
  • c. Education and Human Services. Councilor Marino stated there were no minutes to read and no meeting was scheduled.
  • d. Planning and Development. Councilor Ferron read the minutes from the 6/30/05 meeting.
  • e. Protection of Persons and Property. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

Agenda Item #5. CHAIRMAN'S ANNOUNCEMENTS

Chairman Chernisky asked any citizen who wanted to be on a subcommittee, to please notify him quickly as these groups would be forming. He stated any citizen already a Citizen Member on a subcommittee needed to be reappointed. Chairman Chernisky stated no board would have more Citizen Members than Subcommittee Members from the Council, and he intended to have less Councilor members than in the previous year.

Agenda Item #6. TOWN MANAGER ANNOUNCEMENTS

Town Manager Carlisle stated FY05 was closed, with the last of the bills being turned in, and any encumbrances that can't be concluded by 6/30/05 will not. Mr. Carlisle stated the new accounting system had two live operators, the Inspections Department and the Clerk's Office. Mr. Carlisle stated the Town would run Data National until satisfied with the step across to the new system.

Agenda Item #7. CITIZENS FORUM

No citizens wished to speak at this time.

Agenda Item #8. TOWN MANAGER'S BUDGET REVIEW FY05 AND FY06.

Mr. Carlisle read a printed statement (see attached). Mr. Carlisle stated the School Department was $600,000 in the black. Mr. Carlisle stated everyone had been told there were not adequate funds in the school budget, but money had been spent by the School Department in the amount of hundreds of thousands of dollars. Mr. Carlisle stated he felt the School Committee owed the public and the Council an explanation as to why this happened.

Councilor Marcucci asked the Town Manager when he learned of this surplus. Mr. Carlisle stated some time after July 1st. He stated he had been informed by the Town Accountant that the School Business Manager wanted to roll this amount into the FY06 budget, and it would take a vote of the School Committee. Councilor Marcucci asked the Town Manager if anyone had spoken directly to him, and Mr. Carlisle stated he had spoken with the Interim School Superintendent.

Mr. Carlisle stated he believed the beginning of this situation was in November and December. Mr. Carlisle stated as of May there was about $11,000 in the School budget that was designated unallocated.

Councilor Marcucci stated she was appalled by this. She stated the community had been misled, and that the Town Council had taken a beating, believing that the School Department had no money, and then in the 13th hour suddenly there was a significant amount of money. Councilor Marcucci asked about the $44,000 appropriation for textbooks, and why the Council had been told there was no money for this. Councilor Marcucci asked if there was more money coming, and Mr. Carlisle stated there was a promise from the Commonwealth to increase circuit breaker moneys.

Councilor Langevin stated in his first year on Council the Council appropriated more money for the School Department, based on a purported need. He stated he found it upsetting that the School Department always found money. He stated this year was such that a Proposition 2 1/2 override was proposed, and that it was disheartening to lay people off from their jobs. He stated there was a need for better communication and trust on both sides.

School Committee member Jack Jovan spoke next. Mr. Jovan stated if there is a $1.1 million dollar surplus, then it needed to be looked into. Mr. Jovan stated he became aware of this on Friday when he was called by the Town Manager. He stated he spoke to the Interim School Superintendent and the School Business Manager, who stated there was a surplus but not $1.1 million. Mr. Jovan stated before these type issues are discussed in public they needed to be investigated further, with a meeting of the School and the Town. Mr. Jovan stated he was not aware of last minute spending on supplies. Mr. Jovan stated he wanted a meeting of the School Department and the Town Council, including discussion of all large purchases within the last 30 days. Mr. Jovan stated per Chapter 475 of the Acts of 2004, the School Department could not purposefully overspend its budget. He stated he wanted a meeting where the Town Manager pointed out the expenditures and these were discussed.

Mr. Carlisle stated on November 15th, 2004 the Town Council was made aware of the circuit breaker, and its increase was discussed publicly at the Town Council meeting. Mr. Carlisle stated the School Department from that point was free to place their bills against the circuit breaker moneys. He stated they were urged to do so by the Town Accountant and the Town Manager, and this was refused by the Business Manager. He stated the School Department chose not to move funds from the General Fund to the spent Circuit Breaker.

Mr. Carlisle stated the School Committee had met in Executive Session and directed the School Administration to encumber large parts of the $20,480,000 budget, to keep the Town Council from taking more for related expenditures. Mr. Carlisle stated it became apparent in late May, early June that the money was there.

Councilor Lazo stated a meeting was needed with the Town Council and the School Committee, to work things out.

Councilor Ferron stated Mr. Carlisle had been very truthful with the budget, but someone else was not telling the truth, and everyone needed to get aboveboard regarding the finances.

Mr. Jovan stated again the need to find out what happened. Mr. Jovan stated the Town Charter allows any unencumbered moneys to be taken over by the Town Council at any time.

Councilor Langevin asked the Council Chairman to look into a date for a joint meeting with the School Committee, and Chairman Chernisky indicated he would. Mr. Carlisle stated the only way to get to the next fiscal year was to work closely with the School Department.

Agenda Item #9. VOTE TO CONFIRM THE APPOINTMENT OF ANNA SMITH AS TOWN AGENT FOR SOLID WASTE/LANDFILL MONITOR FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

Councilor Marino asked about the salary for this position. Mr. Carlisle stated it was the minimum for the pay step, which was around $51,000 per year. Councilor Marino stated it was more important to put a scale at the landfill site than to hire a landfill monitor.

Councilor Langevin made a motion to refer this back to subcommittee, seconded by Councilor Lazo. VOTE TO SEND Agenda Item #9 TO SUBCOMMITTEE FOR FURTHER DISCUSSION -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS OPPOSED: FERRON. VOTE PASSES.

Agenda Item #10. VOTE TO CONFIRM THE APPOINTMENT OF SERGEANT SHANE WOODSON TO THE COMMISSION ON DISABILITY FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item.

Councilor Vandal asked if this board was at full capacity, and Mr. Carlisle stated he believed it was one member short.

Agenda Item #10. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

Agenda Item #11. VOTE TO CONFIRM THE APPOINTMENT OF DEAN COOK TO THE CONSERVATION COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

Agenda Item #12. VOTE TO RATIFY THE CONTRACT WITH DONALD P. & MARGARET E. CUMMINGS IN THE AMOUNT OF $2,559.00 FOR A COMMUNITY DEVELOPMENT BLOCK GRANT COMMERCIAL REHABILITATION PROJECT. A motion was made by Councilor McDonald, seconded by Councilor Nikolla, to vote this item. VOTE --BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MCDONALD, AND NIKOLLA. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. MOTION PASSES.

Agenda Item #13. VOTE TO AMEND SCHEDULE I OF THE CLASSIFICATION AND COMPENSATION PLAN FOR THE TOWN OF SOUTHBRIDGE BY ADDING THE POSITION OF INFORMATION TECHNOLOGY DIRECTOR AT A STIPEND OF $5,200.00 PER YEAR. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

Councilor McDonald asked if this was a new position and if it had gone to subcommittee for discussion. Mr. Carlisle stated during the budget hearing this had been discussed at General Government. He stated originally he had brought this forward at a rate of $10,400, and the subcommittee recommended the amount of $5,200 per year and voted to bring it forward. Councilor McDonald asked if it was a permanent stipend, and Mr. Carlisle he wanted this stipend in place, as there would always be a need for a person to take the lead on the Town's computer system.

Councilor Marino stated he did not believe in stipends, and when someone was hired at a rate, they know their salary.

Councilor Langevin described the discussion in subcommittee. He stated he would support this, but not for an indefinite term. Mr. Carlisle stated the Town was about 18 months away from the whole computer system being completely operational.

Councilor Ferron stated a full time Information Technology person would be very expensive, but the Town Treasurer was brought in at a good salary. He stated he would rather see the extra money going to someone else, because the Town Treasurer was already too busy.

Agenda Item #13. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: LANGEVIN AND MARCUCCI. COUNCILORS OPPOSED: CHERNISKY, FERRON, LAZO, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION FAILS.

Agenda Item #14. VOTE TO TRANSFER $38,676.53 FROM TOWN COUNCIL RESERVE FUND #1-132-570-5781 TO SNOW AND ICE EXPENSE ACCOUNT #1-499-570-5290 IN ORDER TO REDUCE THE DEFICIT BALANCE AT 6/30/05. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

Councilor Chernisky asked what this was for. Mr. Carlisle stated the end result would be to allow the Town to raise $38,000 less in taxes. Councilor Ferron asked if it was because of the heavy snow last year, and Mr. Carlisle stated yes.

Agenda Item #14. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

Agenda Item #15. VOTE TO TRANSFER $35,385.00 AS FOLLOWS TO FUND DEFICIT ACCOUNT BALANCES AT 6/30/05.

TRANSFER FROM:AMOUNT
1-190-702-5200 Bank Service Charges $ 500.00
1-190-703-5700 Copy Machine Costs 4,000.00
1-145-570-5341 Treasurer/Collector Advertising 8,000.00
1-145-570-5342 Treasurer/Collector Printing 2,000.00
1-145-570-5300 Treasurer/Collector Specialized Services 3,000.00
1-945-574-5300 Communicable Disease Control 4,000.00
1-190-737-5481 MV Fuel & Lubricants 3,000.00
1-631-570-5210 Recreation Electricity 2,000.00
1-589-5899-59061 Medicaid Billing Costs 3,099.00
1-190-744-5700 Property Maintenance 1,000.00
1-210-570-5210 Police Electricity 2,653.00
1-123-510-5110 Town Manager Salaries 2,133.00
TOTAL$35,385.00
TRANSFER TO:AMOUNT
1-190-735-5200 Natural Gas$ 5,700.00
1-297-741-5200 Streetlights13,976.00
1-543-570-5210 Veterans and COA Electricity224.00
1-543-570-5212 Veterans and COA Heating Fuel427.00
1-589-5899-58121 Ambulance Billing5,177.00
1-910-714-5175 Employer Medicare Tax5,854.00
1-940-717-5740 Police/Fire IOD3,363.00
1-947-3300 School Transportation664.00
TOTAL$35,385.00

A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

Agenda Item #16. VOTE TO TRANSFER $2,258.02 AS FOLLOWS TO COVER THE COST OF BALLOT PRINTING FOR THE 6/28/05 TOWN ELECTION:
TRANSFER FROM:AMOUNT
1-161-570-5342 Town Clerk Printing$ 206.26
1-161-570-5420 Town Clerk Office Supplies330.76
1-161-570-5251 Town Clerk Equipment Repair and Maint.171.00
1-161-570-5305 Town Clerk Book & Report Binding1,550.00
TOTAL$2,258.02
TRANSFER TO:AMOUNT
1-162-570-5300 Elections Specialized Services$ 2,258.02

Councilor Ferron asked why there was a shortfall. Mr. Carlisle stated there had been an interpretation error on the ballot in the translation from English to Spanish, and the ballots had to be reprinted. Councilor Ferron asked if it was a State-supplied interpreter, and Mr. Carlisle stated it was a local interpreter.

Agenda Item #16. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. MOTION PASSES.

Agenda Item #17. COUNCILORS' FORUM

Councilor Ferron wished good luck to Councilor Chernisky and Councilor McDonald, the new Chairman and Vice Chairman respectively, as well as the newly elected Councilor Nikolla.

Councilor Langevin stated he was looking forward to working with Councilor Nikolla, and he wished the new Chairman and Vice Chairman the best.

Councilor Langevin asked about the Concerts on the Common series. Cable Access Coordinator Paul Zotos stated there were several already, and several more to come. He stated he was trying for a wider variety of music, and he would announce these concerts locally. Councilor Langevin stated the Sunday concerts were particularly popular.

Councilor Langevin asked about the hazardous waste day at the landfill the preceding Saturday. He asked why Casella was charging a fee to accept washers and dryers at the landfill, but a person can call them and have it picked up at their house for free. Mr. Carlisle stated curbside pickup is covered under the contract, and as such is being done without charge.

Councilor Lazo congratulated all the new people and positions.

Councilor Lazo stated there were cars constantly parked at the 600 Block of Main Street, despite the new parking restrictions. Mr. Carlisle stated the Police Chief had instituted a period of warning stickers, which were in effect now, and ticketing would be next.

Councilor Marino asked Mr. Carlisle what was happening with electrical access to the landfill. Councilor Marino stated Casella was blasting at this site without permission, and the Council needed to go into executive session to discuss this. Mr. Carlisle described the Consent Order and the requirement to provide electrical service. Mr. Carlisle stated executive session was needed for proper direction for bargaining with Casella, and also to discuss the upcoming union contract with the Police Department. Mr. Carlisle stated Casella had his permission to work on Town property to put the power lines in.

Councilor Ferron made a motion to add Agenda Item #17a, to go into executive session to discuss the landfill. This was seconded by Councilor Lazo. Councilor McDonald stated this was an illegal motion. Mr. Carlisle suggested having this meeting as soon as possible, and having a Town attorney present. Chairman Chernisky suggested it be part of next Monday's meeting. Councilor Ferron stated he wanted all work on this site to be stopped until that meeting. Mr. Carlisle stated he didn't believe Casella was in violation of any covenant.

Councilor Ferron rescinded his previous motion, and Councilor Lazo rescinded his previous seconding.

Councilor McDonald made a motion, seconded by Councilor Lazo, to issue a cease and desist order to Casella from the Town regarding any further work on Town property at the access site to the Town's landfill. VOTE ON THIS ITEM. COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, NIKOLLA, AND VANDAL. COUNCILORS ABSTAINING: LANGEVIN. MOTION PASSES.

Councilor Vandal stated this access road to the electrical line site was supposed to be the width of one vehicle, and he presented photos showing the width to be more than one vehicle.

Councilor Lazo described the severe restrictions imposed when blasting at any site.

Councilor Marino asked if Casella would expect the Town to pay for this work later, and Mr. Carlisle stated not to his knowledge.

Councilor McDonald congratulated Chairman Chernisky and welcomed Councilor Nikolla. He thanked everyone for expressing their trust by voting him to be Vice Chairman.

Councilor Vandal stated the street lights on Elm and Main Street needed to be synchronized. Mr. Carlisle stated with the establishment of subcommittees the DPW Director could discuss this. Councilor McDonald described how at certain times of the day, particularly in the morning, the rotation turn for Elm Street was less time, allowing fewer cars to get out, to allow more time for Main Street.

Councilor Vandal asked about posting police at St. Mary's and St. Hedwig's when church lets out. Councilor Vandal asked about a policeman patrolling the Downtown area.

Councilor Vandal stated the recent advertisement for the landfill being open on 7/7 stated no grass clippings were allowed. Mr. Carlisle stated this was in error, and now yard debris was accepted. Mr. Carlisle stated the Town was getting closer to a better solution on the leaves.

Councilor Vandal asked why Police Leutenant Fontaine was still on paid administrative leave. Mr. Carlisle stated he had nothing more to add. Councilor Vandal stated Lt. Fontaine should be brought back to work soon.

Councilor Vandal stated local haulers were being hurt by Casella. He stated the Town Manager needed to spend more time at the site, to see what was going on. Councilor Vandal stated the Town Manager needed to work for the Town, and not Casella.

Councilor Marcucci congratulated Chairman Chernisky, Councilor McDonald, and Councilor Nikolla.

Councilor Nikolla congratulated the new Chair and Vice Chair, and thanked everyone for making her feel welcome.

Agenda Item #18. DISCUSSION OF THE NEXT MEETING DATE. Councilor McDonald recommended 7/18/05 as the next meeting date, seconded by Councilor Marcucci. Vote by show of hands, 9 to 0 all in favor.

Agenda Item #19. ADJOURNMENT. A motion was made to adjourn by Councilor Langevin, seconded by Councilor Ferron. Vote by show of hands, 9 to 0 all in favor. The meeting adjourned at 9:12 p.m.

Respectfully submitted,

Max Gullekson
Council Recording Clerk


TOWN COUNCIL MEETING, WEDNESDAY, JUNE 29, 2005

A meeting of the Southbridge Town Council was held on Wednesday, June 29, 2005, in the Robert MacKinnon Council Chambers. Vice Chairman Chernisky called the meeting to order at 7:03 p.m.

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

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

AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF JUNE 20, 2005. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, all in favor, Councilor Langevin abstaining.

AGENDA ITEM #4. SUBCOMMITTEE REPORTS

  • a. General Government. Councilor Chernisky stated there were no minutes to read and no meeting was scheduled.
  • b. DPW. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
  • c. Education and Human Services. Councilor Marino stated there were no minutes to read and no meeting was scheduled.
  • d. Planning and Development. Councilor Ferron stated there was a meeting on 6/30/05 at 7 p.m. in the Rice Conference Room, to discuss the Downtown Traffic Study and the recommendations of the Southbridge Redevelopment Authority.
  • e. Protection of Persons and Property. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

Council Vice Chairman Chernisky thanked all the election workers for working in humid buildings; he thanked the candidates for running; he congratulated Partners for Progress for a tremendous effort, and he thanked everyone who voted. He also thanked Chairman Tremblay for his many years of service on the Town Council

AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS.

Town Manager Carlisle stated the Council had agreed to support the Town program allowing seniors to receive up to a $500 tax abatement for working on local flags and flagpoles.

Mr. Carlisle stated as of 11 a.m. today the DPW had completed the last of the street sweeping of the winter's sand, which was two months earlier than the prior year.

Mr. Carlisle stated discussions were going on with Fiske Hill Realty in Sturbridge, who were developing properties on the Southbridge-Sturbridge line and who were willing to pay a considerable sum for Town water.

Mr. Carlisle stated the Town needed to start working with the School Department now on the FY07 budget, and bring it in well in advance of the 4/1/06 deadline.

DPW Director Hamer Clarke brought several DPW workers to the podium, and congratulated Alex Lesniewski and Gary Forcier for placing first in the Worcester County Championship Rodeo, and Mike Zuziak and John Jesky for placing third. He stated Mr. Lesniewski and Mr. Forcier would now compete in the New England Regional Championships. Mr. Forcier spoke, and thanked his crew. He stated it was a team effort, and he wouldn't want to be on any other team.

AGENDA ITEM #7. CITIZENS FORUM.

Peter Ramirez of Alpine Drive spoke about his departing friend Chairman Rene Tremblay, and thanked him for 24 years of service to the Town of Southbridge on the Council.

Jim Sottile of Pinedale Ave spoke, and congratulated those who were elected. He suggested the Town adopt a "drive yourself to school" program as a possible way to save money. He stated all disparate groups in the Town should present a report to the Council with their ideas for improving the Town.

Sherry Jovan of Highland Street read a statement from the group Partners for Progress, and asked everyone who had been involved in the Proposition 2 1/2 override effort to stay involved. She stated one way to increase revenue for the Town would be to charge money for trash pickup.

Tammy Edmonds of Dennison Drive spoke, and stated it was a shame the number of people who only voted for Question #1 on the ballot, and didn't bother to find out about the candidates who were running and vote for them as well.

At this point Chairman Tremblay arrived at the meeting.

AGENDA ITEM #8. TOWN MANAGER FY 2006 BUDGET STATUS REVIEW.

Mr. Carlisle stated the Town Accountant had 25 days to finish the internal postings for closure of the FY05 budget. He stated by 7/11/05 the last of the transfers would be finished, which would allow for an audit. Mr. Carlisle stated the FY06 budget begins on 7/1/05, and based on correspondence from the DOR, the State had no desire to assume financial control of the Town. Mr. Carlisle stated the next step would be in November or December, when the final touches are put on the Town's budget and the tax recap is determined. He stated he would be working toward lowering the tax levy at that time.

Mr. Carlisle stated regarding the FY07 budget, it was imperative the Town put together an effective approach within the next 120 days, to determine what moneys will be available to the Town and the School system. Mr. Carlisle stated he believed the Town Council wanted to help with the Schools, but it would require a joint effort with the School Department. Mr. Carlisle stated the sale of the property at 61 Chestnut Street had added $265,000 to the Town's finances, and also recorded for FY05 was the sale of the Hillcrest property for an additional $23,500 to the Town's benefit.

AGENDA ITEM #9. VOTE TO AMEND AND INCREASE THE SCHOOL DEPARTMENT FY2006 OPERATING BUDGET $1,951,600.00 BY RAISING AND APPROPRIATING SAID SUM.

Councilor Chernisky recommended the Council pass over AGENDA ITEM #9, seconded by Councilor Ferron. VOTE TO PASS OVER AGENDA ITEM #9 -- BY ROLL CALL-- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

AGENDA ITEM #10. VOTE TO TRANSFER $15,087.00 FROM UNEMPLOYMENT COMPENSATION ACCOUNT NUMBER 81-945-8002 TO THE FOLLOWING ACCOUNTS:

  • $7,000.00
1-592-583-56230 American Disabilities Act Impr.
  • $3,431.00
  • 1-592-583-56294-300 High School Boilers
  • $4,656.00
  • 1-499-570-600-5700 DPW Prior Year Bills

    A motion was made by Councilor Ferron, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL-- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #11. VOTE TO AMEND AGENDA ITEM NUMBER 20 FOR JUNE 20, 2005 TO READ THAT THE $265,000.00 RECEIVED FROM THE SALE OF 61 CHESTNUT STREET BE TRANSFERRED TO THE STABILIZATION FUND ACCOUNT. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL-- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #12. VOTE TO AMEND AGENDA ITEM NUMBER 17 FOR JUNE 20, 2005 TO VOTE TO TRANSFER $163,809.94 FROM THE OVERLAY RESERVE FUND TO THE STABILIZATION FUND. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. VOTE -- BY ROLL CALL-- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #13. VOTE TO TRANSFER THE SUM OF $4,000.00 FROM SALE OF REAL ESTATE ACCOUNT NUMBER 15-345-6522 TO STABILIZATION FUND. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE -- BY ROLL CALL-- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #14. VOTE TO RATIFY THE CONTRACT AMENDMENT NUMBER 3 WITH CHAS. A SELLS, INC., FOR VARIOUS BRIDGE AND ROADWAY DESIGN PROJECTS IN THE AMOUNT OF $13,246.00. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

    DPW Director Clarke explained this to the Town Council.

    VOTE -- BY ROLL CALL-- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #15. VOTE TO RATIFY THE CONTRACT WITH THREE D ENTERPRISES, INC, IN THE AMOUNT OF $26,000.00 FOR HAND RAILINGS AT VARIOUS SCHOOLS. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

    Mr. Carlisle described this as the final piece needed to be compliant with the ADA lawsuit against the Town. Mr. Carlisle thanked the DPW and particularly Mrs. Ciesla for shepherding this along.

    AGENDA ITEM #15. VOTE -- BY ROLL CALL-- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #16. VOTE TO SCHEDULE A PUBLIC HEARING REGARDING OUR INTENTION TO LAY OUT AND ACCEPT AS A PUBLIC WAY THE ROADWAY FROM THE PUBLIC WAY KNOWN AS WORCESTER STREET TO THE PROPERTY LINE BETWEEN STATIONS 20+00 AND 21+00 AS SHOWN ON SHEETS 2 AND 3 OF A PLAN ENTITLED "SOUTHBRIDGE RECYCLING AND DISPOSAL PARK ACCESS ROAD PLAN, SOUTHBRIDGE, MASSACHUSETTS, LAYOUT PLAN DRAWINGS," DATED APRIL 2005, PREPARED BY TIGHE & BOND CONSULTING ENGINEERS, WESTFIELD, MASSACHUSETTS, AND TO ACQUIRE THE NECESSARY LAND AND EASEMENTS.

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

    Mr. Carlisle described the need for a public hearing to get this thing going, so electrical lines could be run to the landfill site in accordance with DEP mandates. Discussion was held regarding the timeframe needed to hold this public hearing, and the availability of Town Councilors to be at this public hearing in the month of July.

    Councilor Marino stated passing this would be tantamount to granting approval to build a road off of Worcester Street. He stated the Town needed revenue, but he didn't feel this was the way to go. Mr. Carlisle stated this public hearing was not an authorization to build a road, but would was a paper layout that would allow power line construction to be completed to the landfill site. Mr. Carlisle stated completing a road would require several more steps, and the Town was not at that point yet. Councilor Marino asked why the lines could not come up Pleasant Street, and Mr. Carlisle stated the voltages involved were not available anywhere near Pleasant Street. Mr. John Schwalbe of Casella spoke, and stated Casella had met with the DEP two days prior, and the requirement for providing electrical service to the site was still a requirement that the Town had to fulfill.

    Councilor Lazo asked Mr. Schwalbe what types of wires would be needed, and whether the Town needed to remove the properties on Worcester Street in order to install these power lines. Mr. Schwalbe described the one house which would be required to be moved in order to provide a sedimentation table for the laying of the power lines.

    Councilor Vandal stated the Town Manager was pulling a fast one, and this vote would put the Town one step further toward building an access road off Worcester Street. Councilor Ferron stated at some point he believed the road was going to be constructed off Worcester Street, but that to allow the provision of electrical service to the landfill site the wording of this motion should be changed to limit the current approval to providing electrical service only, and not to offer permission for a roadway.

    Councilor Marcucci stated the motion doesn't even mention electrical service, and only talks about a roadway. Mr. Schwalbe stated with this approval the installation of the power lines could hopefully be completed by the end of the year. Councilor Marcucci asked how wide a road would be built in conjunction with these wires, and Mr. Schwalbe stated it would be about the width of a vehicle, which would allow maintenance and construction access to the electrical wiring.

    Mr. Schwalbe stated part of the project would be to install sedimentation basins to prevent water runoff from affecting the property of those around the electrical service site. Councilor Lazo asked if these would create permanent pools of water, and stated his concern about safety for the neighborhood, and the mosquitoes.

    Councilor Chernisky stated amending the wording of this AGENDA ITEM might assuage concerns of Councilors about its intent. Councilor Vandal stated rather than amend, why not simplify the language, and take the roadway part out.

    Councilor Chernisky withdrew his motion to vote on AGENDA ITEM #16, and Councilor Ferron withdrew his seconding.

    Councilor Chernisky made a motion to amend AGENDA ITEM #16, to include the following sentence at the end: "This public hearing will be held on 7/25/05, at 6:30 p.m. in the MacKinnon Council Chambers in Southbridge, Massachusetts, and is only to authorize construction of and allow provisions for electrical service to the landfill site." This motion was seconded by Councilor McDonald.

    VOTE TO AMEND AGENDA ITEM #16 BY ADDING THE PREVIOUS SENTENCE AS DESCRIBED IN THE PARAGRAPH ABOVE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: MARINO, VANDAL. COUNCILORS ABSTAINING: LANGEVIN. MOTION PASSES.

    AGENDA ITEM #16. (AS AMENDED ABOVE) VOTE TO SCHEDULE A PUBLIC HEARING REGARDING OUR INTENTION TO LAY OUT AND ACCEPT AS A PUBLIC WAY THE ROADWAY FROM THE PUBLIC WAY KNOWN AS WORCESTER STREET TO THE PROPERTY LINE BETWEEN STATIONS 20+00 AND 21+00 AS SHOWN ON SHEETS 2 AND 3 OF A PLAN ENTITLED "SOUTHBRIDGE RECYCLING AND DISPOSAL PARK ACCESS ROAD PLAN, SOUTHBRIDGE, MASSACHUSETTS, LAYOUT PLAN DRAWINGS," DATED APRIL 2005, PREPARED BY TIGHE & BOND CONSULTING ENGINEERS, WESTFIELD, MASSACHUSETTS, AND TO ACQUIRE THE NECESSARY LAND AND EASEMENTS. THIS PUBLIC HEARING WILL BE HELD ON 7/25/05, AT 6:30 P.M. IN THE MACKINNON COUNCIL CHAMBERS IN SOUTHBRIDGE, MASSACHUSETTS, AND IS ONLY TO AUTHORIZE CONSTRUCTION OF AND ALLOW PROVISIONS FOR ELECTRICAL SERVICE TO THE LANDFILL SITE. A motion was made by Councilor Chernisky, seconded by Councilor Ferron, to vote this amended item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, MARCUCCI, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. COUNCILORS ABSTAINING: LANGEVIN. MOTION PASSES.

    AGENDA ITEM #17. COUNCILORS FORUM.

    Councilor Lazo stated Casella was going after the business of local haulers, and this was unethical as Casella owned the landfill operation, and it sounded like a monopoly. He stated he wanted the Town Manager to talk to Casella about this.

    Councilor Lazo described the first time he had met Mr. Tremblay, and he was very proud to have known him for all these years, and he thanked him for his years of service.

    Councilor Vandal asked the Town Manager about disposing grass clippings, and Mr. Carlisle stated the Town was working on different solutions.

    Councilor Vandal asked where any money received for providing water to Sturbridge would go, and Mr. Carlisle stated it would be up to the Council, but that this money would be related to the Water Fund, the Sewer Fund, and the General Fund.

    Councilor Vandal asked about the public hearing on the water and sewer rates which was scheduled for 10 a.m. the following morning, and Mr. Carlisle stated this was to make a revision of the water and sewer rates to match the budget for FY06. Councilor Vandal asked if the rates were going up, and Mr. Carlisle stated yes. Councilor Vandal stated the manager was increasing everything, and Southbridge was a poor community, and it was within the power of the Town Council to keep the rates down.

    Councilor Ferron thanked everyone who ran for public office for getting involved.

    Councilor Ferron described how Chairman Tremblay had been his gym teacher, and he thanked him for all his service to the Town.

    Councilor McDonald thanked Councilor Chernisky for offering a compromise for AGENDA ITEM #16.

    Councilor Marcucci thanked Councilor Tremblay for all his years of service to the Town, and she stated he was honest and caring.

    Councilor Langevin thanked Mr. Mormino for performing well for the Town, and called him a great asset.

    Councilor Langevin stated the Partners for Progress group had done an incredible amount of work in a short time, and he believed they would continue to try to help the community. Councilor Langevin congratulated all the winners in the Town election, and stated he was glad to see changes on the School side.

    Councilor Langevin described how Chairman Tremblay had brought the Council together over the past four years, and that Mr. Tremblay was not a politician, but he just loved the community.

    Chairman Tremblay stated this was his last meeting, and he always did what was best for the citizens of Southbridge.

    AGENDA ITEM #18. Discussion of the next meeting date. A motion was made by Councilor Chernisky to have 7/7/05 as the next meeting date, seconded by Councilor McDonald. Vote by show of hands, all in favor.

    AGENDA ITEM #19. Adjournment. A motion was made by Councilor Chernisky to adjourn the meeting, seconded by Councilor Lazo. Vote by show of hands, all in favor.

    The meeting adjourned at 9 p.m.

    Respectfully submitted,

    Max Gullekson
    Council Recording Clerk


    TOWN COUNCIL MEETING, MONDAY, JUNE 20, 2005

    A meeting of the Southbridge Town Council was held on Monday, June 20, 2005, in the Robert MacKinnon Council Chambers. Chairman Tremblay called the meeting to order at 7:03 p.m.

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

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

    AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF 6/6/2005. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, all in favor.

    AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

    • a. General Government. Councilor Chernisky read the minutes of the 6/8/05 meeting. No meeting was scheduled.
    • b. DPW. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
    • c. Education and Human Services. Councilor Marino stated there were no minutes to read and no meeting was scheduled.
    • d. Planning and Development. Councilor Ferron stated there were no minutes to read and no meeting was scheduled; however, he presented an award to the Council Chairman from the Central Massachusetts Regional Planning Commission, in recognition for the work done by Gabriel McCarthy on the Flatiron Building on Hamilton Street.
    • e. Protection of Persons and Property. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

    AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

    Chairman Tremblay reminded everyone of the June 28th Local Election, and urged everyone to vote.

    AGENDA ITEM #6. TOWN MANAGER'S ANNOUNCEMENTS

    Mr. Carlisle announced the awarding of three scholarships from the Southbridge Citizen's Scholarship Committee, to Ina Vojtic for $1,000, Julie Sullivan for $1,000, and Natalee Perez for $500.

    Mr. Carlisle stated on Friday the Town had executed the sale of 15,000 square feet of land on Dennison Lane. He stated at 61 Chestnut Street the Town had received a bid of $265,000 for the sale of the property. He stated also there was a bid of $40,000 for the parcel of Town-owned land on the south side of Hillcrest Ave, about 36,000 square feet. He stated this was the third of fourth try at selling this property.

    Mr. Carlisle stated he had passed to Council an assessment of the Town's fire apparatus.

    Mr. Carlisle stated regarding the hauling of leachate from the landfill on Sunday evening, he had looked into this and Casella had no record of this occurring. He stated one possibility was a septic hauler working in the area. Mr. Carlisle stated Casella employs sealed tanks for hauling leachate. Mr. Carlisle clarified there would be four Saturdays a year when the landfill was open; after Memorial Day, after Labor Day, after Thanksgiving, and after Christmas Day.

    AGENDA ITEM #7. CITIZENS' FORUM

    Robin Webber of Lebanon Hill Road spoke about Partners for Progress, a local group formed in the face of the financial crisis. In favor of the Proposition 2 1/2 override, she stated the following: That Massachusetts was the fifth from the bottom in terms of local taxes in the nation. She stated also the new management in the School Department shouldn't be punished for past mistakes. Also, she stated the teachers in the Southbridge School System were underpaid, and not overpaid. She also acknowledged the Proposition 2 /12 override was a short term fix, but the Town could not survive the loss of 66 teachers.

    Scott Lazo of Ellis Ave spoke next. He stated the teachers were not to blame for the current problems, and that the School Committee was, and he encouraged everyone to consider this at the upcoming Town Election.

    Jeff Coggins of North Woodstock Road spoke next in favor of teacher salaries.

    Lauren McLoughlin of Park Ave spoke on behalf of Partners for Progress. She stated a tax increase was not necessarily permanent, and she advocated a yes vote on Question 1, the Proposition 2 1/2 override.

    David DiGregorio of Colonial Drive spoke, and stated everyone running for School Committee came in after the fact of damage to the School Department. He stated the low point for the School Committee was when people began to resign around the time of the 2003 busing crisis. He asked the electorate to vote for whom they felt would be best, and not let politics enter into the decision.

    Susan Congdon of Laurel Hill Road spoke, and stated the Southbridge Boys Under 16 soccer team had just cleared several tournaments, and had finished fourth in the State. She congratulated the coach Miguel Cepeda, and named all the players. She stated she was saying goodbye to them, as 11 of the 14 were leaving the area, primarily due to the Town's schools. She urged everyone to vote yes on Question #1.

    Bill Bishop of Grandview Drive spoke, and stated he didn't know where the $3,000,000 increase in the School's budget had been spent, but he was surprised there were no criminal charges filed. Mr. Bishop stated he originally had taken offense with Councilor Vandal's comments about Southbridge being a 'poor town,' but he did research that showed Southbridge was ranked 337th out of the State's 351 towns in terms of median household income. He stated because of this taxation hurts. He stated the first thing that needed to be done was addressing Special Education, and secondly to work with the Town's state representative on restoring the formula for median household income that was changed in 2001.

    Tammy Courtemanche of Crescent Street spoke, and described her daughter as a special need student, and she endorsed a yes vote on Question #1.

    Robin Lataille of Warren Street spoke, and endorsed Question #1.

    AGENDA ITEM #8. PRESENTATION BY PRINCIPAL ASSESSOR WILFRID COURNOYER ON PROPOSITION 2 1/2 OVERRIDE.

    Mr. Cournoyer described the tax levy process, and stated his estimate of increasing to the maximum amount allowed in the tax levy, and the approval of the Proposition 2 1/2 override, would equal approximately 39.06%.

    Mr. Cournoyer stated there were a number of senior rebate opportunities for any senior to come and work off part of their tax levy, and he encouraged anyone who was interested to call his office.

    AGENDA ITEM #9. TOWN MANAGER FY 2006 BUDGET STATUS REVIEW AND ITS IMPACT ON THE TAX LEVY.

    Mr. Carlisle stated no matter what happened with FY 06, that FY07 was going to be worse financially for the Town. He iterated costs were going up faster than revenues. Mr. Carlisle stated his estimate was a 44% increase in taxes, in the face of raising the tax rate to the maximum allowable levy and with the passage of the Proposition 2 1/2 override. He stated the original target for the Town was to reduce the tax burden by $1,600,000, and he believed this was still attainable. He stated if the override fails, he has already offered to take the burden of unemployment insurance, to lessen the overall impact. Mr. Carlisle stated in FY2007 if the money isn't there, then every part of the budget needs to be addressed.

    AGENDA ITEM #10. VOTE THAT THE TOWN COUNCIL ENDORSE THE FY 2006 BUDGET AND RECAP THAT HAS BEEN SUBMITTED TO THE DEPARTMENT OF REVENUE. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #11. VOTE TO RATIFY THE CONTRACT WITH VISION APPRAISAL TECHNOLOGY IN THE AMOUNT OF $6,000.00. A motion was made by Councilor Marcucci, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #12. VOTE TO AUTHORIZE THE TOWN COUNCIL TO SIGN THE BOND ANTICIPATION NOTES THAT WILL ISSUE ON JUNE 28, 2005 AND MATURE NOVEMBER 3, 2005, THESE BOND ANTICIPATION NOTES INCLUDE:

    • Municipal Financial Software $ 328,900
    • School Boiler 40,000
    • School Boiler 54,600
    • CAMA System 102,200
    • Armory 737,000
    • DPW Combined Facility 3,129,000
    • TOTAL 3,129,000

    A motion was made by Councilor Marcucci, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    Chairman Tremblay called for a recess at 8:40 p.m. The meeting resumed at 8:49 p.m.

    AGENDA ITEM #13. VOTE TO TRANSFER $319,220.00 FROM THE STABILIZATION FUND TO THE GENERAL FUND TO FUND A PORTION OF THE AMORTIZATION AMOUNT UNDER CHAPTER 475, ACTS OF 2004. 2/3 vote required

    A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #14. VOTE TO AMEND THE FY 2006 GENERAL FUND BUDGET VOTED MAY 23, 2005 BY INCREASING THE SOUTHBRIDGE PUBLIC SCHOOLS UNEMPLOYMENT COMPENSATION APPROPRIATION FROM $357,252.00 TO $676,472.00 AN INCREASE OF $319,220.00. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #15. VOTE TO TRANSFER $127,945.00 FROM THE STABILIZATION FUND TO THE SUPPLEMENTAL RESERVE FUND AS REQUIRED UNDER CHAPTER 475, ACTS OF 2004. 2/3 vote required

    A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION

    PASSES.

    AGENDA ITEM #16. VOTE TO TRANSFER THE SUM OF $41,688.00 AS FOLLOWS:

    FROM:

    1-499-510-5110DPW Operation Salary$ 3,345.00
    81-400-8153Johanson $ Graves16,860.29
    1-589-5899-59068-123FY04 Schl Dept Deficit Resolution11, 670.00
    1-589-5899-59061-133Medicaid Billing Costs8,469.71
    1-910-713-600-5700Salary Adjustments1, 00343.
    TOTAL:41,688.00

    TO:

    1-421-510-5110DPW Administration Salary3,345.00
    1-151-570-5300Town Attorney Specialized Services37,000.00
    1-179-731-5700Board of Health40.00
    1-240-510-5110Inspection Salaries603.00
    TOTAL:41,688.00
    .

    A motion was made by Councilor McDonald, seconded by Councilor Marcucci, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #17. VOTE TO TRANSFER $169,212.73 FROM THE OVERLAY RESERVE FUND TO THE STABILIZATION FUND. A motion was made by Councilor McDonald, seconded by Councilor Chernisky, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #18. VOTE TO TRANSFER FROM THE STABILIZATION FUND THE AMOUNT OF $10,000.00 FOR PROFESSIONAL APPRAISAL, PLANNING, AND SURVEYING SERVICES IN ORDER TO PREPARE THE PARCEL OF LAND ON ALPINE DRIVE, ASSESSORS MAP 107, SUCH AMOUNT TO BE ADMINISTERED BY THE TOWN MANAGER. 2/3 vote required

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

    Councilor Marino asked if this item had ever been removed from tabling at a prior meeting. It was stated it had not. Councilor Chernisky rescinded his motion to vote on this item, and Councilor Ferron rescinded his seconding.

    A motion was by Councilor Chernisky to vote on removing this item from tabling, seconded by Councilor Ferron. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, AND TREMBLAY. COUNCILORS OPPOSED: LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION FAILS.

    AGENDA ITEM #19. VOTE TO RATIFY THE CONTRACT WITH CERSOSIMO LUMBER CO., INC. FOR THE SALE OF TIMBER AT THE SOUTHBRIDGE WATERSHED IN THE AMOUNT OF $71,194.18. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #20. VOTE THAT MONIES RECEIVED PRIOR TO JUNE 30, 2005 FROM THE SALE OF 61 CHESTNUT STREET BE PLACED IN THE STABILIZATION FUND. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item.

    Mr. Carlisle explained the importance getting this amount received prior to the close of FY05.

    AGENDA ITEM #20. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #21. VOTE THAT MONIES RECEIVED PRIOR TO JUNE 30, 2005 SALE OF HILLCREST AVENUE BE PLACED IN THE STABILIZATION FUND. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item. Mr. Carlisle stated this was the third try on this property. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    At this point Mr. Tremblay stated there were several appointments on the Agenda for tonight's meeting, and he wished to read them all and vote en masse, and if anyone had a vote other than the affirmative on any of the items, then these would be voted separately. During the reading all Councilors were unanimous, with the exception of Agenda Items #41, #42, and #43, and these were voted separately. The Agenda Items voted en masse are as follows:

    AGENDA ITEM #22. VOTE TO CONFIRM THE RE-APPOINTMENT OF PAUL W. PARENT TO THE AIRPORT COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #23. VOTE TO CONFIRM THE RE-APPOINTMENT OF SANDRA PROVOST AS ANIMAL INSPECTOR FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2006.

    AGENDA ITEM #24. VOTE TO CONFIRM THE RE-APPOINTMENT OF SANDRA PROVOST AS DOG OFFICER/ANIMAL CONTROL OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2006.

    AGENDA ITEM #25. VOTE TO CONFIRM THE 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, 2008.

    AGENDA ITEM #26. VOTE TO CONFIRM THE 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, 2008.

    AGENDA ITEM #27. VOTE TO CONFIRM THE RE-APPOINMENT OF DAVID BOUSQUET TO THE COMMISSION ON DISABILITY FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #28. VOTE TO CONFIRM THE RE-APPOINTMENT OF KENNETH PICKREN TO THE CONSERVATION COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #29. VOTE TO CONFIRM THE RE-APPOINTMENT OF RAY HANSON TO THE CONSERVATION COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #30. VOTE TO CONFIRM THE RE-APPOINTMENT OF PATRICIA TRAHAN TO THE COUNCIL ON AGING FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #31. VOTE TO CONFIRM THE RE-APPOINTMENT OF SUSAN KEOUGH TO THE COUNCIL ON AGING FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #32. VOTE TO CONFIRM THE RE-APPOINTMENT OF EVELYN A. PETRELLI TO THE HISTORICAL COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #33. VOTE TO CONFIRM THE RE-APPOINTMENT OF RICHARD WHITNEY TO THE JACOB EDWARDS LIBRARY BOARD OF TRUSTEES FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #34. VOTE TO CONFIRM THE RE-APPOINTMENT OF ROGER NOROWSKI AS VETERANS' GRAVE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2006.

    AGENDA ITEM #35. VOTE TO CONFIRM THE RE-APPOINTMENT OF KAREN PICKARSKI TO THE SOUTHBRIDGE TRAIL COMMITTEE FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #36. VOTE TO CONFIRM THE RE-APPOINTMENT OF RINALDO BERNARDONE TO THE BOARD OF HEALTH FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #37. VOTE TO CONFIRM THE RE-APPOINTMENT OF Dr. THOMAS O'LEARY TO THE BOARD OF HEALTH FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #38. VOTE TO CONFIRM THE RE-APPOINTMENT OF THOMAS R. BONIN AS A CALL FIREFIGHTER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #39. VOTE TO CONFIRM THE RE-APPOINTMENT OF BRIAN E. BOURASSA AS A CALL FIREFIGHTER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #40. VOTE TO CONFIRM THE RE-APPOINTMENT OF CASSANDRA ACLY TO THE PLANNING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #44. VOTE TO CONFIRM THE RE-APPOINTMENT OF JOSE G. MARRERO AS AN AUXILIARY POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #45. VOTE TO CONFIRM THE RE-APPOINTMENT OF ROBERT G. LAMOTHE AS AN AUXILIARY POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #46. VOTE TO CONFIRM THE RE-APPOINTMENT OF YVONNE NEGRON AS AN AUXILIARY POLICE OFFICER FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    AGENDA ITEM #47. VOTE TO CONFIRM THE RE-APPOINTMENT OF MARC A. DiPIETRO AS A PUBLIC WEIGHER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2006.

    AGENDA ITEM #48. VOTE TO CONFIRM THE RE-APPOINTMENT OF MARK E. BONIN AS A PUBLIC WEIGHER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2006.

    AGENDA ITEM #49. VOTE TO CONFIRM THE RE-APPOINTMENT OF WILLIAM C. JOLIN AS A PUBLIC WEIGHER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2006.

    AGENDA ITEM #50. VOTE TO CONFIRM THE RE-APPOINTMENT OF STEPHEN LOVELY AS A PUBLIC WEIGHER FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2006.

    AGENDA ITEM #51. VOTE TO CONFIRM THE RE-APPOINTMENT OF CHAD D. SPLAINE AS AN ALTERNATE MEMBER OF THE ZONING BOARD OF APPEALS FOR A TWO-YEAR TERM TO EXPIRE JUNE 30, 2007.

    AGENDA ITEM #52. VOTE TO CONFIRM THE APPOINTMENT OF SUSAN L. CHAPLIN TO THE DISABILITY COMMISSION FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008.

    A motion was made by Councilor McDonald, second by Councilor Vandal, to vote the above appointments. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #41. VOTE TO CONFIRM THE RE-APPOINTMENT OF PAUL ST.JEAN TO THE PLANNING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Chernisky, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. COUNCILORS ABSTAINING: TREMBLAY. MOTION PASSES.

    AGENDA ITEM #42. VOTE TO CONFIRM THE RE-APPOINTMENT OF JAMES SOTTILE TO THE LIQUOR LICENSING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Chernisky, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS ABSTAINING: LAZO. MOTION PASSES.

    AGENDA ITEM #43. VOTE TO CONFIRM THE RE-APPOINTMENT OF TIMOTHY WENDT AS AN ALTERNATE MEMBER OF THE LIQUOR LICENSING BOARD FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2006. A motion was made by Councilor Chernisky, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS ABSTAINING: LAZO. MOTION PASSES.

    AGENDA ITEM #53. COUNCILORS' FORUM

    Councilor Marcucci thanked the Town Manager for corresponding with the White House about high cable TV rates. She also wished everyone running for office good luck, and she urged everyone to go vote.

    Councilor McDonald stated the curbs by intersections hadn't been painted yellow in awhile, and this should be done in the interests of safety.

    Councilor Ferron congratulated all those who had been appointment for boards in the Town, and he thanked Sue Congdon for all her work on the Board of Health.

    Councilor Ferron thanked Mr. Mormino for all the good work he had done, and he wished him luck.

    Councilor Ferron stated it was time to look more closely at businesses in single family zoned areas.

    Councilor Chernisky stated he had received complaints from the residents at the bottom of Lebanon Hill, whom had been affected by the recent parking rule changes. He stated this needed to be reexamined.

    Councilor Chernisky thanked all whom had spoken, stating it was a balanced discussion. He stated he hoped after the election everyone worked together for the interests of the Town.

    Councilor Vandal stated the issue of disposing of grass clippings needed to be resolved.

    Councilor Vandal stated the parking problem now created at the bottom of Lebanon Hill needed to be discussed further.

    Councilor Vandal asked about parking signs at the 600 block area of Main Street. Mr. Carlisle stated he believed they were in place.

    Councilor Lazo stated the manager was working on the grass clipping issue.

    Councilor Lazo thanked the cable access crew for their work on the recent debates. He urged everyone to get out and vote.

    Chairman Tremblay stated Sue Congdon had been very effective on the Board of Health, and he wished her well.

    AGENDA ITEM #54. DISCUSSION OF THE NEXT MEETING DATE

    Councilor Chernisky made a motion to have the next Council meeting on 6/29/05, seconded by Councilor Lazo. Vote by show of hands, all in favor.

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

    The meeting adjourned at 9:28 p.m.

    Respectfully submitted,

    Max Gullekson
    Council Recording Clerk


    TOWN COUNCIL MEETING, MONDAY, JUNE 6, 2005

    A meeting of the Southbridge Town Council was held on Monday, June 6, 2005, in the Robert MacKinnon Council Chambers. Chairman Tremblay called the meeting to order at 7:02 p.m.

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

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

    At this point Chairman Tremblay called forward Councilor McDonald, who announced the presentation of new flags for the Council Chambers, presented by the Marine Corps League Detachment #1094.

    AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES:

    May 23, 2005 - Public Hearing. A motion was made by Councilor Marcucci, seconded by Councilor Lazo, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

    May 23, 2005 - Regular meeting. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

    AGENDA ITEM #4. SUBCOMMITTEE REPORTS

    • a. General Government. Councilor Chernisky stated there would be a meeting on June 8, 2005 at 7 p.m., in the Rice Conference Room.
    • b. DPW. Councilor Lazo read the minutes of the 5/19/05 meeting, and stated no meeting was scheduled.
    • c. Education and Human Services. Councilor Marino read the minutes of the 5/24/05 meeting, and stated no meeting was scheduled.
    • d. Planning and Development. Councilor Ferron stated a meeting would be called after the local election, to talk about short and long term planning for the Town.
    • e. Protection of Persons and Property. Councilor McDonald stated there was no meeting scheduled.

    AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

    Chairman Tremblay read a proclamation declaring June of 2005 as myasthenia gravis awareness month.

    AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

    Town Manager Carlisle described the progress of the street sweeping program in Town.

    AGENDA ITEM #7. CITIZENS' FORUM

    Lauren McLoughlin of Park Ave spoke, and described a new group called Partners for Progress. She invited anyone to get involved.

    Donald Bailey of Pleasant Street asked about trucks going up Pleasant Street on Saturday, and Mr. Carlisle stated four times a year (Memorial Day, Labor Day, Thanksgiving, and Christmas) there would be Saturday deliveries, as these were holidays for the hauling company.

    AGENDA ITEM #8. VOTE TO AMEND THE MINUTES OF APRIL 11, 2005 FOR AGENDA ITEM NO. 17 AND AMEND THE MINUTES OF APRIL 25, 2005 FOR AGENDA ITEM NO. 22, THE SECOND AND THIRD READINGS FOR THE VOTE TO AMEND ARTICLE 1, SECTION 4 OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING THE FOLLOWING FINE SCHEDULES TO READ AS FOLLOWS:

    • D=$250 plus removal costs
    • E=$275 plus removal costs
    • F=$300 plus removal costs

    A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #9. VOTE TO ACCEPT AND SIGN THE WARRANT FOR THE JUNE 28, 2005 ANNUAL TOWN ELECTION. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #10. VOTE TO CONFIRM THE RE-APPOINTMENT OF JAMES PHILBROOK AS HEALTH INSPECTOR FOR THE TOWN OF SOUTHBRIDGE FOR A ONE-YEAR TERM TO EXPIRE JUNE 30, 2006. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #11. VOTE TO AMEND ARTICLE II, SECTION 203 - ZONING MAP OF THE TOWN OF SOUTHBRIDGE ZONING BY-LAW AND ZONING MAP BY INCLUDING WITHIN THE HEAVY INDUSTRY DISTRICT ALL OF THE LAND SHOWN ON ASSESSORS' MAP 51, LOT 50: SAID LOT CONTAINING 1.14 ACRES, MORE OR LESS, AND BEING THE SAME PREMISES CONVEYED BY DEED APRIL 16, 2003, AND RECORDED WITH WORCESTER REGISTRY OF DEEDS IN BOOK 29717, PAGE 271.

    Third reading

    A lengthy discussion was held between the Town Council, the property's abutters, Pelletier's, and Pelletier's attorney. Councilor Langevin made a motion, seconded by Councilor Marino, to move the question. Vote by roll call. Councilors in favor: Ferron, Langevin, Lazo, Marcucci, McDonald, and Tremblay. Councilors opposed: Chernisky, Marino, and Vandal. Motion passes.

    Chairman Tremblay called for a recess at 9 p.m., to allow the Cable Access Studio time to change the tape in the recording machine. The meeting resumed at 9:07 p.m.

    Mr. Carlisle described the covenant which had been drafted, with restrictions for use at the site described in Agenda Item #11. A motion was made to vote on the addition of this covenant to any zoning changes at the site by Councilor Chernisky, seconded by Councilor Ferron. Vote by roll call. Councilors in favor: Chernisky, Ferron, Marino, and Tremblay. Councilors opposed: Langevin, Lazo, Marcucci, McDonald, and Vandal. Motion fails.

    A motion was made by Councilor Marcucci, seconded by Councilor Langevin, to vote the original Agenda Item #11. AGENDA ITEM #11, VOTE BY ROLL CALL. COUNCILORS IN FAVOR: FERRON, MARINO, AND TREMBLAY. COUNCILORS OPPOSED: CHERNISKY, LANGEVIN, LAZO, MARCUCCI, MCDONALD, AND VANDAL. MOTION FAILS.

    AGENDA ITEM #12. VOTE TO TRANSFER THE SUM OF $30,630.00 FROM SPECIAL REVENUE AND GRANT ACCOUNTS WITH IMMATERIAL BALANCES, RESIDUAL BALANCES OR DEFUNCT PROGRAMS TO DEFICIT ACCOUNT BALANCES AS FOLLOWS:

    TRANSFER FROM:

    15-50-6562WRI Landfill Fire$2,222.60
    15-50-6619MacKinnon Xmas631.09
    15-50-6620Seasonal Decorations250.00
    15-50-6628MacKinnon Ctr Renovations500.00
    15-50-6636Lower West St Rec34.18
    15-50-683799 Health Resurce Library10.86
    15-50-683899 Reg Health Youth Prog129.94
    15-50-8006Landfill Sureties5,210.91
    15-50-8028Restitution C44, S532,375.93
    15-50-8029Neutering Fee470.00
    15-50-8167Child Safety Seat Program15.60
    15-50-816899 Substance Free Tee815.19
    15-50-816900 GWCF Peer Mentor3.97
    15-50-817200 SCCC Peer Mentor223.72
    15-50-8175Basketball Crt. Y.C.15.81
    15-50-8177Slogan Contest/Prom75.00
    15-50-818101 Schott Hazmat Eq291.61
    15-50-8183GWCF Youth Advisor2,379.99
    15-50-8216SYC Dance Choir67.49
    15-50-8219FY03 GWCF Youth Adv 1,932.00
    15-321-6390Munc. Recycle Incentive1,687.15
    15-321-6433FY 03 Gov Hwy Safety271.77
    15-321-6508Heritage Park Devel.684.58
    15-321-668100 After School Ser708.82
    15-321-6683FY00 Community Policing 52.96
    15-321-668901 Safe Grant143.29
    15-321-6920FY 03 Safe Grant15.41
    15-321-819502 After School CSL986.20
    15-321-8212New Horizons Grant789.67
    15-321-8213You Got "Game"300.00
    15-325-6397Police Block Grant78.39
    18-320-510-600State Grant Pers. Serv.2,335.48
    15-631-8038Recreation Revolving 481.32
    1-589-5899-59070-300FY 04 School Encumbrances4,439.07

    TOTAL TRANSFER FROM ACCOUNTS: $30,630.00

    TRANSFER TO:

    15-50-6523Liquidated Damages-Cianbro$5,059.62
    15-50-6616Youth Center Donations 304.86
    15-50-818001 Juvenile Firesetter Int.77.28
    15-50-8193FY 01 Network Health5.16
    15-321-8182FY 01 SC Teen Network1,068.93
    15-321-8189FY 02 SC Teen Network2,994.80
    15-325-6421FY 99 Cops & Kids192.31
    15-630-8021Youth Services Revolving397.70
    18-320-689803 Community Partnerships Grant5,489.96
    18-326-510-600Federal Grants Personnel Services7,109.77
    18-326-687802 Class Size Grant2,335.01
    89-0-212-2421Due to Commonwealth Sporting Licenses594.60
    89-0-212-2582Police Off Duty Details5,000.00

    TOTAL TRANSFER TO ACCOUNTS: $30,630.00

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

    Councilor Ferron asked why the bills from FY99, FY00, and FY01 were still being paid. Mr. Carlisle stated the bills had been paid, but shouldn't have been paid without an appropriation. Mr. Carlisle stated once this was settled it would show up as free cash.

    AGENDA ITEM #12. VOTE --BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #13. VOTE TO ACCEPT THE PRESENTATION OF THE AD HOC MORRIS STREET FIELD AND ARMORY USE STUDY COMMITTEE FOR THE REUSE OF THE ARMORY AND TO AUTHORIZE THE TOWN MANAGER TO OVERSEE THE PROJECT TO COMPLETION. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to vote this item.

    Dan Charette spoke on behalf of the committee, which included Tanya Dominko, Mike Loin, William Ryan, and Peter Ramirez. He gave a brief overview of the study which had been done.

    Many Councilors expressed thanks to the committee for their good work. Councilors Chernisky and Tremblay were opposed to using the building to house municipal employees. Councilor McDonald described the PowerPoint presentation which had been given at the Planning and Development Subcommittee meeting. He stated it would good to present this at a Town Council meeting, so the public could see it as well. Mr. Charette stated Ms. Dominko was working on this, and may film a spot for the local access channel.

    AGENDA ITEM #13, VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #14. VOTE TO TRANSFER THE SUM OF $19,887.80 FROM ACCOUNT #1-592-583-56229-220 FY 03 FIRE DEPT. TOWER TRUCK (DEBT) TO ACCOUNT #1-592-583-56238 PURCHASE OF ARMORY (DEBT) TO REDUCE THE AMOUNT TO BE BONDED FOR THE ARMORY. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: MARINO. MOTION PASSES.

    AGENDA ITEM #15. VOTE TO AMEND THE VOTE TAKEN ON AUGUST 9, 2004 AGENDA ITEM NO. 17 TO READ AS FOLLOWS:

    Vote to appropriate by borrowing the amount of $880,000.00 for the purpose of the purchase and contemplated improvements plus an amount to pay for its share of debt issuance costs, from the Commonwealth of Massachusetts for general municipal purposes approximately 2.9 acres of land with improvements thereon known as the Southbridge Armory located at 153 Chestnut Street, to be sold at auction by the Commonwealth, being all or a portion of the land described in the deed from the Town to the Commonwealth dated September 15, 1958, recorded with the Worcester District Registry of Deeds in Book 3979, Page 461, and to authorize the Town Manager to acquire said land by purchase on such terms and conditions and for such consideration as the Town Manager shall determine, and in connection with said purchase to bid at auction on behalf of the Town, to pay a deposit, to execute an agreement for purchase and to take such other actions and execute and deliver such other documents as the Commonwealth may reasonably require to effect such purchase, and to authorize the Town Treasurer, in order to meet such appropriation, to borrow the sum of $880,000.00 under Chapter 44, Section 7 of the General Laws or any other enabling authority, and to issue bonds or notes therefore. 2/3 Vote required

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

    Mr. Carlisle described that this borrowing would fall into the group of borrowings that were being organized for November, estimated to total $5 or $6 million at that point. Councilor Vandal asked if the Town was still looking to Bay Path to perhaps provide some of the improvements on the building. Mr. Carlisle stated yes.

    Councilor Chernisky asked why the Council was voting on this item, as there had already been a vote to appropriate the amount of $1 million. Mr. Carlisle stated this vote would reduce the authorized borrowing down, to fit the needs of the borrowing only.

    Chairman Tremblay stated he had been assured by Senator Moore that two bills would be filed to offer financial relief to the Town regarding this purchase.

    AGENDA ITEM #15. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: MARINO. MOTION PASSES.

    AGENDA ITEM #16. VOTE TO ACCEPT THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 60, SECTION 3C TO ESTABLISH A TOWN EDUCATIONAL FUND. A motion was made by Councilor Chernisky, seconded by Councilor Langevin, to vote this item.

    Mr. Carlisle stated at the urging of the Town Council, the Town Treasurer had researched the history of the checkoff method and inclusion in billing so residents could support an education fund. Mr. Carlisle stated after State approval he would come back to Town Council for recommendation. Councilor Chernisky stated he was happy this had been pursued.

    AGENDA ITEM #16. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #17. VOTE TO REQUEST THAT THE LEGISLATIVE DELEGATION FOR SOUTHBRIDGE SUBMIT SPECIAL LEGISLATION TO ENABLE THE TOWN TO PLOW SNOW ON PRIVATE ROADS BEGINNING THIS FALL. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

    Mr. Carlisle described the failed effort to acquire the 200 signatures required to place the question of plowing of private roads on the Town Election ballot. He described there were several possible remedies to address this issue. Councilor Lazo stated these roads had been plowed illegally for a long time. Mr. Carlisle stated in 1979 the Town Council had tabled this item, and it was still tabled. Mr. Carlisle stated perhaps the Town could have this on the Town Election ballot next year. Councilor McDonald stated there were safety issues regarding keeping all roads open that serve residents.

    AGENDA ITEM #17. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, LANGEVIN, MARCUCCI, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: FERRON, LAZO, AND MARINO. MOTION PASSES.

    AGENDA ITEM #18. COUNCILORS FORUM.

    Councilor Marino asked if it would be possible to get the landfill opened again for residents on Saturdays, or to create a special dropoff point for lawn clippings, grass, leaves, etc. Mr. Carlisle stated he would check on a schedule.

    Councilor Lazo stated the Memorial Day parade went off well, with a good attendance. He thanked Councilor McDonald for his long years of service to this event.

    Councilor Vandal stated there were tractor trailers going up Pleasant Street on Saturday.

    Councilor Vandal asked about the sale of Town-owned properties. Mr. Carlisle stated bids were being taken again for the 61 Chestnut Street property. Mr. Carlisle stated the highest bidder on the Hillcrest property has defaulted, and this was now back on the block.

    Councilor Vandal asked if the Christmas lights on the Gazebo in the Town Common are going to be taken down.

    Councilor Vandal asked about the readjusting of the water and sewer rates, and Mr. Carlisle stated this occurred every year.

    Councilor Chernisky thanked the Veteran's Council and the Veteran's Agent for a great Memorial Day event, and he stated he liked the new flags in the Council Chambers.

    Councilor Chernisky stated the lawn bags were available for purchase at Big Y, Dick's Hardware, and Big Bunny.

    Councilor Ferron asked if the beaver dams on Guelphwood Road were receiving regular attention.

    Councilor Ferron asked about providing water to Charlton. Mr. Carlisle stated this was a humanitarian effort, because of the polluted wells in Charlton, and he would work toward an agreement to bring to Town Council.

    Councilor Ferron asked about construction at the new DPW site at the old Cotton facility. Mr. Carlisle stated he was sensitive to this issue.

    Councilor Ferron asked about the new firefighter starting in July, and Mr. Carlisle stated the new firefighter needed to give notice at his current place of employment.

    Councilor McDonald asked if any water agreement with Charlton would come to the Council first, and Mr. Carlisle stated yes.

    Councilor Marcucci stated she had read a letter to the editor from a citizen, which contained information that was supposedly confidential. She asked everyone to respect the confidentiality of material they were given.

    Agenda Item #19. Discussion of next meeting date. Councilor Chernisky recommended 6/20/05 as the next meeting date, seconded by Councilor Lazo. Vote by show of hands, all in favor.

    A motion was made to adjourn by Councilor Marcucci, seconded by Councilor Lazo. The meeting adjourned at 10:26 p.m.

    Respectfully submitted,

    Max Gullekson
    Council Recording Clerk


    SOUTHBRIDGE TOWN COUNCIL MEETING, MAY 23, 2005

    A meeting of the Southbridge Town Council was held on Monday, May 23, 2005, in the Robert MacKinnon Council Chambers. Chairman Tremblay called the meeting to order at 7:10 p.m.

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

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

    AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES:

    May 9, 2005, Town Council Meeting. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

    May 17, 2005, Council of the Whole Meeting. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, 9 to 0 all in favor.

    AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

    • a. General Government. Councilor Chernisky read the minutes of the 5/18/05 subcommittee meeting. He stated no meeting was scheduled.
    • b. DPW. Councilor Lazo described the subcommittee meeting of 5/19/05. He stated no meeting was scheduled.
    • c. Education and Human Services. Councilor Marino stated there was a meeting scheduled for 5/24/05 at 7 p.m. in the Rice Conference Room.
    • d. Planning and Development. Councilor Ferron read the minutes of the 5/12/05 subcommittee meeting. He stated no meeting was scheduled.
    • e. Protection of Persons and Property. Councilor McDonald read the minutes of the 5/16/05 subcommittee meeting. He stated no meeting was scheduled.

    AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

    Chairman Tremblay had not announcements.

    AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

    Mr. Carlisle called DPW Director Clarke to the podium, who described the Worcester County Snow Rodeo program. In this program two 2-man teams from the Town's DPW competed in areas of maneuvering skills, safety skills, backing a trailer through a slalom, snow plow mounting on a truck, and snow plow slalom, as well as taking a written exam. Mr. Clarke stated the team of John Jesky and Mike Zuziak had placed first with a score of 100%, and the team of Alex Lesniewski and Gary Forcier had finished second. Mr. Clarke stated both teams would now compete at the State level. Mr. Jesky spoke, and stated he was proud to bring this back to Southbridge.

    Mr. Carlisle stated the property at 476 Worcester Street, the old Michael's Pub, had changed hands, with the new owner intent on putting a business there.

    Mr. Carlisle stated the roadway Old South Street had been reopened for a couple of weeks, and he had instructed the DPW to repair one section of collapsed stone wall.

    Mr. Carlisle described the failed attempt to acquire 200 signatures for the petition to put the plowing of private roadways on the June 2005 local election ballot. He stated this question would now have to wait until the next annual election to be on the ballot. Councilor Vandal asked if these roads would still get plowed next winter, and Mr. Carlisle stated he honestly didn't know.

    AGENDA ITEM #7. CITIZENS' FORUM

    Bob Lafrance of Columbus Avenue spoke, related to the Town's budget.

    Councilor Ferron made a motion to make Agenda Items #22a, 22b, and 23 the next on the agenda. This was seconded by Councilor Chernisky. Vote by roll call, Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Tremblay, and Vandal. Motion passes.

    AGENDA ITEM #22A. VOTE TO PLACE THE FOLLOWING PROPOSITION 2 1/2 OVERRIDE QUESTION ON THE BALLOT FOR THE TOWN ELECTION IN JUNE:

    "Shall the Town of Southbridge be allowed to assess an additional $1,951,607.00 in real estate and personal property taxes for the purpose of funding the operating budget of the public schools for the fiscal year beginning July first, two thousand and five?

    Yes__________ No___________"

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

    Councilor Marino asked about borrowing the money instead of having an override.

    Mr. Carlisle stated any sale of property that could impact the TY06 budget needed to occur prior to June 30th, 2005. Mr. Carlisle stated the Town's expenditure for growth outstripped its revenue growth, and that every year the budget would grow faster than the State's increase.

    Councilor Lazo described the attempt at a Proposition 2 1/2 override in Oxford, where it had been defeated by a 2 to 1 margin. He stated the only way to find out what people wanted was to put this on the ballot.

    Councilor Marcucci asked about how this figure of approximately $1.9 million came about. Mr. Carlisle described this. Mr. Carlisle stated this figure would require the Town to deplete the Stabilization Fund.

    Councilor Langevin asked who came up with the figure in Agenda Item #23 of $2,634,355.00. Mr. Carlisle stated he had, and it had been placed on the agenda for purposes of discussion. Mr. Carlisle stated he was looking for an alternative to leaving the Stabilization Fund with less than $100,000 in reserve.

    Councilor Langevin stated he would support the figure of $1,951,607.00, to give the new School Superintendent some tools to work with. Councilor Langevin stated in other towns with better schools there was less focus on Town services, and this was something the Town may have to decide on at a later time.

    Councilor Ferron asked the Town Manager what would happen if the override doesn't get voted in. Mr. Carlisle stated then the Town would have to balance its budget with the funding it had. Councilor Ferron stated this was more than a one time tax, and it would impact the tax rate every year after.

    Principal Assessor Wil Cournoyer explained the impact of increasing to the maximum allowable tax levy in November. He stated this increase would cause about a 20.64% increase in the average rate, and the average homeowner would have an increase of about $426 per year. Mr. Cournoyer stated with passage of the approximately $1.9 million Proposition 2 1/2 override, there would be a further increase of about an average of $380 per year, or an additional 18.41%.

    Councilor Ferron stated regardless of what happened, the Town needed to pursue the idea of borrowing money to fix the buildings. He stated a top priority was the physical safety of the students and the employees.

    Councilor Chernisky stated he was not in favor of a Proposition 2 1/2 override, but was in favor of allowing it to be voted on. He stated he would not be an advocate for it, as it is a stopgap measure. He stated next year the Town would be faced with this again, and would potentially need another override vote.

    Councilor McDonald stated he would support putting this on the ballot as part of the democratic process. He stated he had received calls on this opposed to having it on the ballot, and in favor of having it on the ballot. He stated no one likes the idea, but the Town had to raise taxes every year. He stated the Town needed to work toward a more permanent solution. He stated the town needed to start the budget process for next year the day after this one finalizes.

    Councilor Lazo stated if this Proposition 2 1/2 does not pass, he hoped the Town Manager would speed up talks with Casella to get paid more per ton.

    Interim School Superintendent Dr. Thayer stated none of the money in the override amount is targeted for maintenance, and that the maintenance part of the budget had been scaled back to level funding as part of the effort to reduce the budget. He stated maintenance had been neglected for a number of years. Dr. Thayer stated if the Town did not vote for a Proposition 2 1/2 override then there were potentially 65 teachers who would be laid off. He described how this would be a real slam to a system that had already been declared underperforming.

    Loren McLaughlin of Park Ave spoke in favor of the $1.9 million figure rather than the $2.6 million figure.

    Warren Goddard of Pleasant Street asked about alternative ways for the Town to add revenue, such as gas taxes, meal taxes, or any other local taxes. He stated the Proposition 2 1/2 override taxation was hard on a Town that had a mean salary amount of about $29,000. He stated the average salary of a teacher is $54,000, with the high being $84,000. Mr. Carlisle stated the Town did have a hotel tax, which meant a small amount of money for the Town. Mr. Carlisle stated he agreed the Town could get the $6.32 a ton figure higher with Casella.

    Joan Lacoste of Country Club Blvd spoke, and stated she was willing to pay more for Southbridge schools.

    Dennis Champney of Torrey Road spoke, and stated a teacher could not teach when there were 40 kids in a classroom instead of 20. He urged people to go vote in the local election.

    AGENDA ITEM #22A. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #22B. VOTE TO TRANSFER FROM THE STABILIZATION FUND ACCOUNT THE SUM OF $682,748 TO THE FY 2006 SCHOOL BUDGET ACCOUNT. (THIS REQUESTED VOTE TO BE TABLED).

    Mr. Carlisle explained this, and recommended to the Council to table Agenda Item #22b and Agenda Item #23 indefinitely. A motion was made to table Agenda Item #22b indefinitely by Councilor Ferron, seconded by Councilor McDonald. Vote by roll call: Councilors in favor: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Tremblay, and Vandal. Motion passes.

    AGENDA ITEM #23. VOTE TO PLACE THE FOLLOWING PROPOSITION 2 1/2 OVERRIDE QUESTION ON THE BALLOT FOR THE TOWN ELECTION IN JUNE:

    "Shall the Town of Southbridge be allowed to assess an additional $2,634,355.00 in real estate and personal property taxes for the purposes of funding the operating budget of the public schools for the fiscal year beginning July first, two thousand and five?

    Yes____________No_________"

    A motion was made by Councilor McDonald, seconded by Councilor Marcucci, to table Agenda Item #23. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    Chairman Tremblay called for a recess at 9:02 p.m. The meeting resumed at 9:07 p.m.

    AGENDA ITEM #8. VOTE TO CONFIRM THE APPOINTMENT OF PATRICIA A. LEVI TO THE COMMISSION ON DISABILITY FOR THE TOWN OF SOUTHBRIDGE FOR A THREE-YEAR TERM TO EXPIRE JUNE 30, 2008. A motion was made by Councilor Langevin, seconded by Councilor Vandal, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

    AGENDA ITEM #9. VOTE THAT WE DECLINE TO EXERCISE THE TOWN'S FIRST RIGHT OF REFUSAL OPTION UNDER GENERAL LAWS CHAPTER 61A TO PURCHASE 16.44 ACRES OF LAND, BEING LOTS 3 THROUGH 7, 9 THROUGH 12, AND 14 THROUGH 21 ON THE PLAN ENTITLED: "PROPOSED SUBDIVISION FOR GRAYWOOD ESTATES, LOCATED AT DENNISON DRIVE, SOUTH STREET, SOUTHBRIDGE, MA 01550." DATED DECEMBER 17, 2003, REVISED MARCH 3, 2004, FOR A TOTAL PURCHASE PRICE OF $580,000.00, ON TERMS SET OUT IN THE PURCHASE AND SALE AGREEMENT BETWEEN RICHARD M. HARWOOD, TRUSTEE OF THE RICHARD M. HARWOOD REVOCABLE TRUST, DATED JUNE 1, 2003, AS SELLER, AND R.G. WILLIAMS CONSTRUCTION CO., INC., AS BUYER, NOTICE OF WHICH WAS GIVEN BY LETTER DATED MAY 2, 2005, 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 Ferron, seconded by Councilor Langevin, to vote this item.

    Mr. Carlisle stated the request was appropriately circulated, and there had been no interest on behalf of the Town to acquire this property. Councilor Marino stated if the Town could afford this property it would be nice to keep it as open space.

    AGENDA ITEM #9. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: MARINO. MOTION PASSES.

    AGENDA ITEM #10. VOTE THAT WE NOTIFY THE PLANNING BOARD OF OUR INTENTION TO LAY OUT AND ACCEPT AS A PUBLIC WAY THE ROADWAY FROM THE PUBLIC WAY KNOWN AS WORCESTER STREET TO THE PROPERTY LINE BETWEEN STATIONS 20+00 AND 21+00 AS SHOWN ON SHEETS 2 AND 3 OF A PLAN ENTITLED "SOUTHBRIDGE RECYCLING AND DISPOSAL PARK ACCESS ROAD PLAN, SOUTHBRIDGE, MASSACHUSETTS, LAYOUT PLAN DRAWINGS," DATED APRIL 2005, PREPARED BY TIGHE AND BOND, CONSULTING ENGINEERS, WESTFIELD, MASSACHUSETTS (THE "PLAN"), TO ACQUIRE THE NECESSARY LAND AND EASEMENTS, AND TO AUTHORIZE THE TOWN MANAGER TO FORWARD THE PLAN TO THE PLANNING BOARD FOR ITS CONSIDERATION AND REPORT. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item.

    Councilor Lazo reminded everyone that this item had been voted in DPW Subcommittee to go before full Council with no recommendation.

    Councilor Vandal stated he wanted to table this item, because Mr. Schwalbe of Casella had been unable to provide requested information until the end of the week. Mr. Carlisle stated he had also received this call from Mr. Schwalbe. Mr. Carlisle stated Mr. Schwalbe had contacted three out of the four landowners at the base of the road.

    Councilor Chernisky stated this vote would allow electricity to go to the site, and to send the plan to the Planning Board to study its feasibility. He stated the Town needed to have a road, and needed an industrial park.

    Councilor Langevin stated he abstained from this vote, as he lives across the street from the proposed site. He stated he agreed the Town needed an industrial park.

    Councilor Marino stated he had been hearing the Town needed an industrial park for ten years. He stated he couldn't imagine anyone wanting to build a business next to a landfill. He stated the Town needed a better location for an industrial park.

    Councilor McDonald stated this vote was merely to send the plan to put electrical service in place to the Planning Board for their approval.

    Councilor Marcucci stated an affirmative vote meant only putting electricity up to the landfill, and stated nothing further would happen with this until the Planning Board did their study and presented back to the Council, and Mr. Carlisle confirmed this.

    Councilor Lazo stated if this plan was approved by the Planning Board then part of the process would require the removal of the two town-owned houses at the entrance site of the road.

    Peter Ramirez of the Planning Board spoke, and stated the Planning Board was prepared to act as the administrative board in this manner, and would then return it to the Town Council.

    George Chenier of Pleasant Street spoke next. He stated tabling this item was a delaying tactic, and the Council had the opportunity right now to start the process to develop something. He stated this road would not happen unless the Council had the final say. He stated if the Council did not support this, then the DEP would force the Town to do something.

    VOTE TO TABLE AGENDA ITEM #10. COUNCILORS IN FAVOR: LAZO, MARINO, AND VANDAL. COUNCILORS OPPOSED: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MCDONALD, AND TREMBLAY. MOTION FAILS.

    VOTE ON AGENDA ITEM #10 (AS WRITTEN). COUNCILORS IN FAVOR: CHERNISKY, FERRON, MARCUCCI, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: LAZO, MARINO, VANDAL. COUNCILORS ABSTAINING: LANGEVIN. MOTION PASSES.

    AGENDA ITEM #11. VOTE TO AMEND ARTICLE II, SECTION 203 - ZONING MAP OF THE TOWN OF SOUTHBRIDGE ZONING BY-LAW AND ZONING MAP BY INCLUDING WITHIN THE HEAVY DISTRICT ALL OF THE LAND SHOWN ON ASSESSORS' MAP 51, LOT 50; SAID LOT CONTAINING 1.14 ACRES, MORE OR LESS, AND BEING THE SAME PREMISES CONVEYED BY DEED APRIL 16, 2003, AND RECORDED WITH WORCESTER REGISTRY OF DEEDS IN BOOK 29717, PAGE 271.

    Second reading

    Councilor Chernisky stated he had received a letter from Mr. Harwood with questions about the covenants, and he wanted Mr. Carlisle to answer a few. Mr. Carlisle stated he was unable to answer these questions as they were legal in nature.

    Councilor McDonald stated he was concerned about whether any penalties with the enforcement of these covenants could be enforced.

    Councilor Ferron stated he had pictures of trucks being unloaded on 5/15/05, a Sunday, and asked if the covenant was in place. Mr. Carlisle stated until the covenant was in place it could not be enforced.

    Leon Chenier of Dennison Lane spoke, and stated loading in the old commercially zoned section occurred at 6 a.m. and in the new section with the building began at 7 a.m.

    Councilor Marcucci stated she was concerned about South Street and West Street, and stated it looked like Pelletier was acting in contradiction to the terms of the covenant. She urged all Councilors to consider this item before the next meeting.

    David Pelletier, an owner of Pelletier Construction, spoke, and stated he was embarrassed by the photos showing Sunday activity at the site. He stated he would look into this. He stated there shouldn't even be loading on Saturday, and he would look into this personally. Mr. Pelletier gave a history of the purchase of this site.

    Harold Harwood of South Street spoke, and stated he was a primary abutter of Pelletier's new warehouse. He stated the building never should have been constructed, and he asked the Council to carefully consider this action before the next meeting.

    Councilor Ferron stated he was under the impression that initially each side had retained a lawyer to try to work something out. He stated he was hoping the two lawyers could get together and come up with a compromise.

    Attorney Michael Caplette, who is the lawyer for the Pelletier's, spoke, and stated Pelletier was willing to do everything within reason to address the abutter's concerns.

    AGENDA ITEM #12. VOTE TO ADOPT THE FY 2006 TOWN OF SOUTHBRIDGE GENERAL FUND OPERATING BUDGET OF $38,128,770 TO BE FUNDED AS FOLLOWS:

    Raise and appropriate $37,121,882

    Transfers from other available funds:

    • Sale of Street List Books 2,300
    • Polling Hours Reimbursement 2,500
    • Cable Operating Account 88,500
    • Premium on Sale of Bonds 162,975
    • Septic Loan Program 6,048
    • Day Care Revolving 16,000
    • Debt Service Reserve 350,000
    • Sale of Lots & Graves 25,000
    • Perpetual Care Interest 32,500
    • Library Trustees Contribution 0
    • Trustees Contribution FY 2006 8,500
    • Library Incentive Grant 25,000
    • MPPF Façade Grant 79,785
    • TOTAL $37,920,990

      Councilor Chernisky stated he was going to vote the entire document as amended, but it didn't reflect the changes as directed at General Government Subcommittee. Discussion was held about amending the proposed budget with the following reductions from the General Government budget.

      A motion was made to deduct $77,500 from the Town Manager's budget and transfer this money to the Council Reserve by Councilor Chernisky, seconded by Councilor Langevin. Vote by show of hands, 9 to 0 all in favor.

      A motion was made to deduct $40,000 from the Town Attorney budget and transfer this money to the Council Reserve by Councilor Chernisky, seconded by Councilor Lazo. Vote by show of hands, 9 to 0 all in favor.

      A motion was made by Councilor Langevin, seconded by Councilor Lazo, to approve the amended General Government budget with a budget appropriation vote of $9,146,247, less transfers of $708,108, for a total to raise and appropriate of $8,438,139. Vote by show of hands, 9 to 0 all in favor.

      A motion was made by Councilor McDonald, seconded by Councilor Lazo, to approve the Public Safety budget with a budget appropriation vote of $4,925,759, less transfers of 0, for a total to raise and appropriate $4,925,759. Vote by show of hands, 9 to 0 all in favor.

      A motion was made by Councilor Marino, seconded by Councilor Marcucci, to approve the DPW budget with a budget appropriation vote of $1,442, 322, less transfers of $57,500, for a total to raise and appropriate $1,384,822. Vote by show of hands, 9 to 0 all in favor.

      A motion was made Councilor Lazo, seconded by Councilor Ferron, to approve the Human Services budget with a budget appropriation vote of $538,798, less transfers of $33,500, for a total to raise and appropriate $505,298. Vote by show of hands, 9 to 0 all in favor.

      A motion was made by Councilor Lazo, seconded by Councilor McDonald, to approve the Southbridge Public Schools budget appropriation of $20,785,000 less transfers of 0, for a total to raise and appropriate $20,785,000. Vote by show of hands, 9 to 0 all in favor.

      A motion was made by Councilor Lazo, seconded by Councilor McDonald, to approve the S.W.C.R.S.D. (Bay Path) budget appropriation of $1,082,864, less transfers of 0, for a total to raise and appropriate $1,082,864. Vote by show of hands, 9 to 0 all in favor.

      A motion was made to approve the entire budget amount of $37,920,990, less transfers of $799,108, for a t otal to raise and appropriate $37,121,882 by Councilor Lazo, seconded by Councilor Marcucci. Vote by show of hands, 9 to 0 all in favor.

      AGENDA ITEM #13. VOTE TO ADOPT THE FY2006 SEWER ENTERPRISE FUND BUDGET OF $2,038,055 TO BE RAISED FROM SEWER RATES. A motion was made by Councilor Marcucci, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 all in favor.

      AGENDA ITEM #14. VOTE TO ADOPT THE FY 2006 WATER ENTERPRISE FUND BUDGET OF $2,717,388 TO BE RAISED FROM WATER RATES. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. Vote by show of hands, 9 to 0 all in favor.

      AGENDA ITEM #15. VOTE TO ADOPT THE FY 2006 LANDFILL ENTERPRISE FUND BUDGET OF $1,381,783 TO BE FUNDED FROM LANDFILL USER CHARGES. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. Vote by show of hands, 9 to 0 all in favor.

      AGENDA ITEM #16. TRANSFER THE SUM OF $455.12 FROM ACCOUNT #1-190-703-5700 COPY MACHINE COSTS TO ACCOUNT #1-940-717-5710 POLICE/ FIRE I.O.D. TO PAY FOR I.O.D. CLAIMS APPROVED 3/9/05. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #17. TRANSFER THE SUM OF $16,000 TO ACCOUNT #1-589-5899-58121-133 AMBULANCE BILLING SERVICES FROM THE FOLLOWING ACCOUNTS TO PAY COMSTAR THROUGH JUNE 30, 2005. A motion was made by Councilor Marcucci, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #18. TRANSFER THE SUM OF $3,000 TO ACCOUNT 1-190-736-5212 TOWN HEATING FUEL FROM THE FOLLOWING ACCOUNTS:

      • 1-589-5899-59067 Festivals & Celebrations $2,500.00
      • 1-631-570-5210 Recreation Electricity 500.00

      A motion was made by Councilor Langevin, seconded by Councilor Marcucci, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #19. VOTE TO RE-AUTHORIZE THE "LEASED PROPERTIES REVOLVING FUND" UNDER THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44, SECTION 53E 1/2 TO PAY ALL REPAIRS, IMPROVEMENTS, EXPENSES, AND UTILITIES FOR ALL TOWN OWNED LEASED PROPERTY EXCEPT 115 MARCY STREET, FROM LEASE PAYMENTS TO BE DEPOSITED IN THE ACCOUNT, WITH ALL EXPENDITURES TO BE APPROVED BY THE TOWN MANAGER AND TOTAL EXPENDITURES FROM THE ACCOUNT NOT TO EXCEED $75,000 PER YEAR. A motion was made by Councilor Lazo, seconded by Councilor Marcucci, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #20. VOTE TO RE-AUTHORIZE THE "DAY CARE CENTER LEASED PROPERTIES REVOLVING FUND" UNDER THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44, SECTION 53E 1/2 TO PAY ALL REPAIRS, IMPROVEMENTS, EXPENSES AND UTILITIES FOR 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 $75,000 PER YEAR. A motion was made by Councilor Marcucci, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #21. VOTE TO RE-AUTHORIZE THE "SOUTHBRIDGE AIRPORT LEASED PROPERTIES REVOLVING FUND" UNDER THE PROVISIONS OF MASSACHUSETTS GENERAL LAWS CHAPTER 44, SECTION 53E 1/2 TO PAY ALL REPAIRS, IMPROVEMENTS, EXPENSES AND UTILITIES FOR THE LEASED PROPERTY AT THE SOUTHBRIDGE MUNICIPAL AIRPORT FROM LEASE PAYMENTS TO BE DEPOSITED INTO THE ACCOUNT, WITH ALL EXPENDITURES TO BE APPROVED BY THE TOWN MANAGER AND TOTAL EXPENDITURES FROM THE ACCOUNT NOT TO EXCEED $50,000 PER YEAR. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #24. VOTE TO AMEND THE VOTE TAKEN ON AUGUST 9, 2004 AGENDA ITEM #17 TO READ AS FOLLOWS:

      Vote to appropriate by borrowing the amount of $900,000 for the purpose of the purchase and contemplated improvements plus an amount to pay for its share of debt issuance costs, from the Commonwealth of Massachusetts for general municipal purposes approximately 2.9 acres of land with improvements thereon known as the Southbridge Armory located at 153 Chestnut Street, to be sold at auction by the Commonwealth being all or a portion of the land described in the deed from the Town to the Commonwealth dated September 15, 1958, recorded with the Worcester District Registry of Deeds in Book 3979, Page 461, and to authorize the Town Manager to acquire said land by purchase on such terms and conditions and for such consideration as the Town Manager shall determine, and in connection with said purchase and to take such other actions and execute and deliver such other documents as the Commonwealth may reasonably require to effect such purchase, and to authorize the Town Treasurer, in order to meet such appropriation, to borrow the sum of $900,000.00 under Chapter 44, Section 7 of the General Laws or any other enabling authority, and to issue bonds or notes therefore.

      3/4 Vote required

      A motion was made to table this Agenda Item by Councilor McDonald, seconded by Councilor Marcucci. Vote by show of hands, 9 to 0 all in favor.

      AGENDA ITEM #25. VOTE TO AMEND THE PARKING REGULATIONS FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00116 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "NO PARKING, MONDAY - FRIDAY, 7AM TO 5 PM" ZONE ON THE NORTHEASTERLY SIDE OF WOODYCREST AVENUE BEGINNING AT THE INTERSECTION OF COLE AVENUE, THENCE EASTERLY AND SOUTHERLY A DISTANCE OF 298 FEET PLUS/MINUS TO A POINT. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #26 VOTE TO AMEND THE PARKING REGULATIONS FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00118 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "NO PARKING" ZONE ON THE WESTERLY SIDE OF ELM STREET BEGINNING AT THE INTERSECTION OF TEMPLE DRIVE, THENCE SOUTHERLY A DISTANCE OF 185 FEET PLUS/MINUS TO DURFEE STREET. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #27. VOTE TO AMEND PARKING REGULATIONS FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00117 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "NO PARKING" ZONE ON THE NORTHERLY SIDE OF MAIN STREET BEGINNING AT THE INTERSECTION OF CROSS STREET, THENCE WESTERLY A DISTANCE OF 1,097 FEET PLUS/MINUS TO A POINT OPPOSITE SAYLES STREET. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #28. VOTE TO AMEND THE PARKING REGULATIONS FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00119 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "1-HOUR PARKING" ZONE ON THE NORTHERLY SIDE OF MAIN STREET BEGINNING AT THE INTERSECTION OF CHESTER STREET, THENCE EASTERLY A DISTANCE OF 127 FEET PLUS/MINUS TO A POINT. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #29. VOTE TO AMEND PARKING REGULATIONS FOR THE TOWN OF SOUTHBRIDGE WITH PERMIT NO. P-00120 AS FOLLOWS: THAT A PERMIT BE ISSUED FOR A "NO PARKING" ZONE ON THE SOUTHERLY SIDE OF MAIN STREET BEGINNING AT THE INTERSECTION OF OAKES AVENUE, THENCE EASTERLY A DISTANCE OF 696 FEET PLUS/MINUS TO SOUTH STREET. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #30. COUNCILORS FORUM

      Councilor Langevin stated Memorial Day was coming, and he hoped everyone supported the vets and supported the parade.

      Councilor Ferron stated the Town now had a long-term plan in place, and he wanted to make sure this moves forward. He stated one of the more pressing questions is the fate of the Cotton property, and he wanted to know where this stood.

      Councilor Lazo stated he appreciated the police officer working on Main Street, and he appreciated the Town Manager's providing information on the North Woodstock Bridge configuration.

      Councilor Marino asked if Lowe's was coming to Southbridge. Mr. Carlisle stated for six or eight weeks Camp, Dresser, and McKee had been working with them.

      Councilor Lazo thanked Mr. Montigny for the tickets to the Southbridge High School graduation.

      Chairman Tremblay stated Councilor Ferron could hold a Town Council meeting to discuss long-term planning for the Town, with four signatures of Town Councilors.

      Councilor Chernisky stated he wanted to dispel a rumor expounded on in the local paper, and he assured everyone he had no intention of firing the Town Manager at this time, and he was doing an excellent job.

      Agenda Item #31. Discussion of the next meeting date. Councilor Chernisky recommended June 6, 2005, seconded by Councilor Lazo. Vote by show of hands, 9 to 0 all in favor.

      A motion was made to adjourn by Councilor Chernisky, seconded by Councilor McDonald. Vote by show of hands, 9 to 0 all in favor.

      The meeting adjourned at 10:31 p.m.

      Respectfully submitted,

      Max Gullekson
      Council Recording Clerk


      COUNCIL OF THE WHOLE MEETING, SOUTHBRIDGE, MASS MAY 17, 2005

      A meeting of the Town Council of the Whole was held on Tuesday, May 17, 2005, in the Rice Conference Room.

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

      Agenda Item #2. Roll Call. Councilors present: Chernisky, Ferron, Langevin, Lazo, Marcucci, Marino, McDonald, Tremblay, and Vandal.

      Agenda Item #3. Chapter 475 Acts of 2004.

      Mr. Carlisle described this as the School salary deficit money which had been carried over into FY05, as allowed by the State. Mr. Carlisle described the approximately $919,000 required to retire this debt, and the previous effort to have this amount in the Stabilization Fund. Mr. Carlisle stated it was now the recommendation of the Town Accountant and the Town Manager to no longer consider paying the entire note, and only paying the contracted amount. Mr. Carlisle stated this would result in a larger balance remaining in the Stabilization Fund, for other uses. A survey of the Council on this was done, and all Councilors agreed with the Town Manager to pay the minimal amount required by the State.

      Agenda Item #4. FY2006 Budget Process and Timing.

      Agenda Item #5. Budget Voting Document.

      Agenda Item #6. Possible Budget Adjustments.

      Chairman Tremblay stated it was coming to the time when the pro forma budget and pro forma recap were due, and the State DOR needed these documents by June 1st. He stated at the Town Council meeting on May 23rd this needed to be approved. Mr. Carlisle stated with the General Government Subcommittee meeting on Wednesday and the DPW Subcommittee meeting on Thursday, the only remaining budgets would be the finalization of the school's budget and the library budget. Mr. Carlisle asked the Council to approve the budget at the next meeting, and stated he felt the State would give it a close review but that it could be approved. Mr. Carlisle stated the next big deadline after 6/1/05 was 6/15/05, when the School was required to send out layoff notices to anyone impacted by a layoff. Mr. Carlisle stated the sooner the School could come up with a budget the more time it would give the Town to try to minimize the financial impact on the Schools. Mr. Carlisle stated he wanted himself and the Council to work directly with the School Committee, in a back and forth manner, to come up with the best financial scenario. Mr. Carlisle stated if the Town picked up the cost of unemployment insurance for everyone laid off, it would allow the School Department to lay off fewer people, and he suggested a financial plan to implement this.

      Mr. Carlisle stated another possible collaboration between the Town and the School side might be in the use of the Cotton property as a storage facility for the schools. Mr. Carlisle stated if the School Department would take everything out of the old Globe Fire Station on West Street, and place it in storage at the new DPW building (Cotton property), then the Town could sell the Globe Fire Station and use the proceeds to help the schools. Mr. Carlisle stated the Town would offer the School $150,000 now, and then the Town would later sell the property and if it sold for less than this then the Town would absorb the difference, and if it sold for more then the Town would reap the benefit.

      Mr. Carlisle stated the Town was willing to purchase $100,000 worth of books for the schools. Mr. Carlisle described a system whereby the schools would tell the Town what books to buy, and the Town would buy them and have them delivered to the schools. Mr. Carlisle described how this would be appropriated, and the reasons it was better than just providing the School Department with an extra $100,000.00.

      Councilor Marcucci asked about the dialogue with the School side. Mr. Carlisle stated he and the Town Accountant had met with the Interim Superintendent and the School Business Manager several times. Mr. Carlisle stated he would not categorize these meetings as bargaining about the $4.1 million. Mr. Carlisle stated the School Committee hasn't responded to the concept of putting together a budget based on the Town's figures. Mr. Carlisle stated aside from the rising fixed costs of contract obligations and rising costs of utilities, he believed there was between $1.5 and $2.0 million in the School's proposed budget that was costs for new items and projects. Mr. Carlisle stated Dr. Thayer had explained this as an attempt to set up the new Superintendent in a good light.

      Councilor Chernisky asked how the Town was going to pay the unemployment insurance for anyone laid off on the School side. Mr. Carlisle gave an overview of several budget items. These included some $19,000 left in the Fire Department tower truck debt configuration, which he wanted applied against the purchase of the Armory Building, which would create a small reduction in the borrowing costs and a small reduction in the interest payment. Also, not paying the full amount of approximately $920,000 from the Stabilization Fund to pay off the Chapter 475 requirement. Also, Mr. Carlisle described how an entry omission by the prior Town Treasurer had resulted in a non recording, and the Town was now receiving the advanced interest payment of $175,000 after paying a $220,000 related debt. Mr. Carlisle stated part of this had been applied to the Stabilization Fund to bring it back to $920,000, and the remaining amount of this was about $137,000. Mr. Carlisle described the ways this could be legally applied to the school budget.

      Mr. Carlisle stated also that on Monday the auditor had confirmed that the account titled Massachusetts Preservation Fund Façade Restoration (which referred to the repairs to the front steps at Town Hall) had nothing to do with the $79,000 stuck in the Town's books. As such, this money was now free and clear, and could be reprogrammed. Mr. Carlisle described using this $79,000 for the purchasing of books. Mr. Carlisle stated the Town's law firm had indicated there is a way to do this.

      Mr. Carlisle stated by paying the State mandated minimum amount on Chapter 475, Acts of 2004, then the Stabilization Fund would still have approximately $792,000 in it. Mr. Carlisle stated he felt the Town could more safely contribute $500,000 of this to the unemployment insurance costs on the School side.

      Mr. Carlisle stated Dr. Thayer's budget had two omissions. Mr. Carlisle stated in one case the estimate of receiving $1.2 million from the State was potentially incorrect, and this reimbursement might only be for $900,000, and this $300,000 difference might come back to haunt the schools. Mr. Carlisle stated the Chapter 70 moneys might also come up $300,000 short, which was an area of risk for the School Department and Town finances

      Mr. Carlisle stated the Town had just this day received word from Senator Moore's office that there was a House and Senate agrement on Chapter 70 money. Mr. Carlisle stated there was only a $15,000 difference between this version and the Governor's version, so the Town's estimation of this amount was not going to change. Mr. Carlisle stated the School needed to plan for the worst regarding any circuit breaker reimbursement, and everyone needed to be aware of the potential for the State to not live up to the full cherry sheet.

      Mr. Carlisle stated the Town had until the end of November to cure any problems in the budget before the tax recap. Mr. Carlisle stated he wanted to put up whatever amount from the Stabilization Fund the Council was comfortable with, and he iterated his previous recommendation regarding this.

      Councilor Chernisky stated it sounded risky to put up even $500,000 from the Stabilization Fund. He stated in the prior year things had happened, such as the elevator at the school and the urgent need to deal with the school boilers, which were unplanned. Councilor Chernisky stated he was in favor of providing the unemployment insurance for the School Department, but not from the Stabilization Fund. Mr. Carlisle stated the Town would have its free cash recertified for 6/30, and that would allow one more time to comb the entire operating budget, including placing a freeze on Department spending, and this money could all be voted by Council into the Stabilization Fund. Mr. Carlisle stated he believed this amount could be between $75,000 and $150,000. Mr. Carlisle stated the Town would also be getting money from the sale of real estate, and there were a few sales to be consummated in the next few weeks. Mr. Carlisle stated he would not recommend this $500,000 from the Stabilization Fund to pay unemployment insurance unless he felt it was fiscally sound.

      Councilor Chernisky stated he believed the Town needed to tighten its belts in all departments, and to not get comfortable. He stated the Town needed to increase the School budget some, and that means cuts in other departments, and some tax increases beyond the projected 6%.

      Councilor Ferron asked about donations to the schools. The Town Treasurer Mrs. Ernst stated by general law any money donated for school use would be at the discretion of the School Committee to spend any way they wanted. Councilor Ferron asked about a school usage fee, and stated this would lessen the impact on the elderly. Councilor Ferron talked about a possible $50 fee for using books, and when the books were returned at the end of the year the student got their $50 back. Councilor Ferron asked whether the Town could authorize a gas tax of 1c or 2c, and use this money for the schools. Councilor McDonald stated the DOR had said this was legal, as well as a meal tax and others as well.

      Councilor Ferron stated next year the process had to start earlier.

      Councilor Ferron stated he had visited the schools and Friday, and it was an eye opening experience. He stated the maintenance in the buildings had been let go. He stated overall the grammar schools weren't too bad. He stated he had made a list of 20 to 30 items that needed attention. He stated to deal with these problems, perhaps the Town should hire a professional company and take care of things immediately. Councilor Ferron stated when the DPW moved into the Cotton property on Guelphwood Road, he wanted all maintenance for the Schools to fall under the jurisdiction of the DPW. He stated there would be more work done for less money.

      Mr. Carlisle stated regarding renovations to the schools, it was possible to borrow for these projects and put them out to bid. Mr. Carlisle stated regarding the possibility of combining the maintenance function into the DPW, there were studies previously done and he would review this. He stated he had offered this to Dr. Thayer, but he had stated it wasn't feasible for the Schools, because of the lack of staff they have and the skill set necessary.

      Mr. Carlisle stated regarding starting the budgeting process sooner, he was in full support of this . Mr. Carlisle stated forecasts for the FY07 budget showed both the Town and the School were in trouble. Mr. Carlisle stated on the School side, the last year of the teacher's contract would cost an additional $850,000. Mr. Carlisle stated on the Town's side the increase in the cost of labor was going to be between $210,000 and $250,000. Mr. Carlisle stated there were structural problems to address in debt service, and there were potential further dramatic rises in health care coverage. Mr. Carlisle stated the Town needed an early agreement on how to handle the increase in revenue for FY07. He stated if an override vote was needed, then it needed to be done well in advance of 7/1/06. Mr. Carlisle stated revenues were not going to go up as fast as expenses.

      Councilor Langevin stated during his first year as a Councilor he had given the School more money, because they had threatened layoffs, which never happened. He stated he had lost faith in the School Department. He stated the Town had not done itself any favors by not raising taxes in ten years. He stated he was willing to meet the School Department halfway

      Mr. Carlisle stated in the past two years roughly $5 million had been handed over to the Schools to settle their deficit. Mr. Carlisle stated it had been goal of the Council last year to have a level service budget, and this year the goal was for a level dollar budget.

      Councilor McDonald stated we needed a new revenue source. He stated he did not see any fat in the Town's budget.

      Councilor Lazo asked about revisiting the contracts Southbridge has with other towns and entities, such as Sturbridge for sewer, Millennium power for gray water use, Charlton for water, and the landfill operator for use of the Town's property. He stated he wanted Casella to begin to pay more for ton of material to the landfill. Mr. Carlisle stated there was a potential for a large flow of money from Casella, and this would be discussed in DPW Subcommittee.

      Citizen Robert Checkosky spoke, and stated maybe the Town could not afford to be a full service town. He stated also the Town needed to stop thinking in terms of School side and Town side, but the Town as a whole. He stated also a Proposition 2 1/2 override would not pass here.

      Citizen Gabriel Lafleche stated he thought there should be School Committee members at this meeting.

      Citizen Sherry Jovan stated funds could be solicited into an educational association, and the Town needed to try, and the Town needed to try for a Proposition 2 1/2 override.

      Mr. Montigny the interim Principal at Southbridge High School stated as of today there were 57 teachers at the high school, and 19 would be losing their jobs. He stated there were many who were accepting jobs elsewhere, to avoid the agony of not knowing if their jobs would be safe year after year. He stated if nothing in the school situation changes, the Town would lose its accreditation with the NEASC. He stated the high school facility is old and needs to be replaced.

      Councilor Marcucci stated this was not an easy time, and it reminded her of the similar situation in 1992. She stated also that it didn't take any money to clean the schools better, or to replace a tile or put up a coat of paint.

      A motion was made to adjourn by Councilor Ferron, seconded by Councilor Lazo. Vote by show of hands, all in favor. The meeting adjourned at 9:38 p.m.

      Respectfully submitted,

      Max Gullekson
      Council Recording Clerk


      TOWN COUNCIL MEETING, MONDAY, MAY 9, 2005

      A meeting of the Southbridge Town Council was held on Monday, May 9, 2005, in the MacKinnon Council Chamber. Chairman Tremblay called the meeting to order at 7:04 p.m.

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

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

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

      April 21, 2005 - Council of the Whole. A motion was made by Councilor Ferron, seconded by Councilor Lazo, to approve these minutes. Vote by show of hands, all in favor, Councilors Marcucci and McDonald abstaining.

      April 25, 2005 - Town Council Meeting. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to approve these minutes. Vote by show of hands, all in favor.

      AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

      • a. General Government. Councilor Chernisky read the minutes of the 5/3/05 meeting. He stated there was no meeting scheduled.
      • b. DPW. Councilor Lazo read the minutes from the 4/27/05 meeting. He stated there was no meeting scheduled.
      • c. Education and Human Services. Councilor Marino read the minutes from the 5/2/05 meeting. He stated there was no meeting scheduled.
      • d. Planning and Development. Councilor Ferron had no report, and stated a meeting was scheduled for 5/12/05, at 7 p.m. in the Rice Conference Room, for discussion of the budget and to hear the recommendations of the Armory Reuse Committee.
      • e. Protection of Persons and Property. Councilor McDonald had no report, and stated there was a meeting scheduled for 5/16/05, at 7 p.m. in the Rice Conference Room, to discuss parking regulation changes.

      AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

      Chairman Tremblay had no announcements.

      AGENDA ITEM #6. TOWN MANAGER'S ANNOUNCEMENTS

      Town Manager Carlisle described a petition currently in circulation. This petition, if signed verifiable by 200 persons of Southbridge, would put the question of the Town's inclination to plowing private roads on the ballot. Mr. Carlisle stated so far there were only 67 signatures, and the deadline was a week away. He stated if the necessary signatures were not gathered, then the Town would deal with it.

      Mr. Carlisle stated a letter from the Department of Revenue had indicated their approval of the debt package the Town had presented to the State. He stated so far the approval was for things such as the municipal software program, the school boiler rebuild, the school boiler replacement, the CAMA system for the Assessor's Office, the Armory purchase, and the new DPW building.

      Mr. Carlisle described the School Department's impact on the financials of the town between FY01 and FY06 projected. Mr. Carlisle referred to the recent 5/2/05 meeting of the EHS Subcommittee and the School Committee. Mr. Carlisle described not knowing what funding from the State the Town could expect to receive, and that the forecasts of this impact would probably not change much from where they were projected.

      Mr. Carlisle stated because of the Town's money woes, the Town had asked Casella Waste Systems to bring forward a plan more quickly than originally anticipated. Mr. Carlisle stated that on tonight's agenda was discussion of situations that could potentially ease the Town's fiscal crisis. Mr. Carlisle stated by the end of May the Town needed to have a balanced budget. Mr. Carlisle stated by June 15th Dr. Thayer of the School Department needed to give any notices to those school employees that were being laid off. Mr. Carlisle stated a contract with Casella Waste Systems was a viable way to help the budget in the short term.

      Mr. Carlisle stated he had rated the Cable Access Coordinator position as a Step 8, invoked within the terms of the cable contract.

      Mr. Carlisle stated there were several flagpoles in town that were not being properly serviced, and he had spoken with Councilor McDonald about a possible program for retirees, to place the flags and maintain the flagpoles as way to earn a tax abatement.

      Mr. Carlisle stated he had given the Director of DPW a letter directing that Old South Street be reopened, from South Street to its further stretch to Sturbridge. Mr. Carlisle stated the Army Corps of Engineers believed they held title to Old South Road, and he had offered to meet with them.

      Mr. Carlisle stated the Director of the DPW was pursuing a grant for the betterment of North Woodstock Road, and this grant would keep much of the scenic character of the road.

      Mr. Carlisle stated the Armory Reuse Committee findings would be discussed at the Planning and Development Subcommittee meeting on Thursday.

      Councilor Chernisky stated he had received a copy of a letter from the Southbridge Trail Committee, opposing the reopening of the either road to Westville Lake. Councilor Chernisky stated this letter gave good reasons, and he personally agrees with them. He said it was a shame to destroy open space. Mr. Carlisle stated he too had received the letter and was ready to sit down with the Trail Committee.

      Councilor Ferron stated the petition for plowing private streets would cost the Town nothing, and would more firmly establish a policy that was already in place.

      AGENDA ITEM #7. CITIZENS' FORUM

      Daniel Pellegrini of Dennison Drive spoke, and stated he was not happy with the school situation.

      Janet Jenkins of Janet Ave spoke, and stated she wanted everyone to be open-minded regarding the budget discussion. She stated education was the defining factor in determining real estate values. She stated she was tired of hearing Southbridge described as a poor community, and stated he allowed ourselves to get poor. She stated for everyone to keep an open mind on the budget.

      William Lataille of Warren Street spoke, and stated the Town had good programs and it was a great town. He stated it was not whether the Town needed money, but where it would come from. He stated there might be teachers that were tempted to just move on. He stated he wanted everyone at the Superintendent's presentation.

      Deborah Caouette of Eastford Road spoke, and stated he was ashamed to live in a town where there had to be a fight every year to get a good education.

      Darryl Caouette of Eastford Road spoke, and stated we needed to spend money on schools.

      Tammy Edmonds of Dennison Drive spoke, and asked that the children of Southbridge not be used as pawns for political reasons.

      Sherry Jovan of 80 Highland Street spoke, and stated the Town must be proactive regarding the budget. She stated it was unfair to have to come back every year with anxiety about how to fund the schools. She stated teachers were working long hours now.

      Pat Loconto of Marcy Street spoke, and stated he had been a teacher for 34 years. He stated this Council needed to do the people's business, and he didn't think it had. He stated he was looking forward to working with the new superintendent. He stated interest in a program whereby retired teachers could mentor new teachers. He stated teacher salaries were too low.

      Todd Garlie of Walnut Street spoke, and stated his concern about yearly pink slips and layoffs for teachers, and that professionals would not want to come to this system. He stated he was appalled by how the teachers were treated.

      Richard Merrill of Briarwood Ave spoke, and stated he was angry people were criticizing individual councilors. He stated none of the councilors was getting paid, and all had the best interests of the Town at heart. He stated if the money is there, it should be given to the schools. He stated he had heard nothing about a Proposition 2 1/2 override. He stated if anyone is too critical of the Council then they need to run for Council. He stated the Town had had no tax increase for years, and now was unable to afford education.

      AGENDA ITEM #8. VOTE TO SEND TO SUBCOMMITTEE THE NOTICE OF INTENTION TO SELL CHAPTER 61A LAND RECEIVED FROM RICHARD M. HARWOOD. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item.

      Mr. Carlisle described a parcel of land off South Street, which Mr. Harwood was proposing subdividing, and the Town's right of first option to purchase within a 120 day period. Chairman Tremblay stated this would go before General Government subcommittee.

      AGENDA ITEM #8. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #9. VOTE THAT THE TOWN HEREBY TAKE FOR THE PURPOSE OF CONFIRMING TITLE THE LAND LOCATED IN THE TOWN OF SOUTHBRIDGE, WORCESTER COUNTY, MASSACHUSETTS, BEING FURTHER DESCRIBED AS FOLLOWS:

      The land situated on the easterly and southeasterly side of Dennison Lane, being the road past the former Dennison District School House, and on both the easterly and westerly sides of the town road leading from said Dennison Lane southerly past land now or formerly of Dumas and the premises taken, to Eastford Road at land now formerly of Dr. John T. Nasse et ux., containing 78 acres more or less, which was conveyed to said Ciesla Bros. Inc. by deed from Fred E. Hall dated April 6, 1949 and recorded with Worcester District Registry of Deeds, Book 3190, Page 65;

      And further, that we execute an order of taking for said land and authorize the Town Manager to record the order of taking with the Worcester District Registry of Deeds within 30 days.

      Mr. Carlisle stated the Town had been approached by Mr. Soper of Dennison Crossroads to purchase a small piece of Town-owned land in order to fill out his residential property. Mr. Carlisle and Attorney McKnight of the Town's law firm stated when the Town took this land from the Water Company in 1968, a certain filing requirement was not done, and hence the Town was now unable to sell Mr. Soper this small piece of land. It was explained this agenda item would rectify this oversight in 1968.

      A motion was made to vote this item by Councilor Chernisky, seconded by Councilor Ferron. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #10. VOTE THAT WE NOTIFY THE PLANNING BOARD OF OUR INTENTION TO LAY OUT AND ACCEPT AS A PUBLIC WAY THE ROADWAY FROM THE PUBLIC WAY KNOWN AS WORCESTER STREET TO THE PROPERTY LINE BETWEEN STATIONS 20+00 AND 21+00 AS SHOWN ON SHEETS 2 AND 3 OF A PLAN ENTITLED "SOUTHBRIDGE RECYCLING AND DISPOSAL PARK ACCESS ROAD PLAN, SOUTHBRIDGE, MASSACHUSETTS, LAYOUT PLAN DRAWINGS," DATED APRIL 2005, PREPARED BY TIGHE & BOND , CONSULTING ENGINEERS, WESTFIELD, MASSACHUSETTS (THE "PLAN"), TO ACQUIRE THE NECESSARY LAND AND EASEMENTS, AND TO AUTHORIZE THE TOWN MANAGER TO FORWARD THE PLAN TO THE PLANNING BOARD FOR ITS CONSIDERATION AND REPORT. A motion was made by Councilor Chernisky, seconded by Councilor Marcucci, to vote this item.

      Mr. Carlisle described this as the continuation of the roadway sought out originally in 1998, off Worcester Street. Mr. Carlisle stated Casella Waste Systems had brought forward their redevelopment plans for an industrial park and landfill. Mr. Carlisle stated there was also question of a fragment of land that needed to be transferred.

      Councilor Marcucci stated she didn't like hearing about this in the last minute. She asked about the process of establishing a public way. Attorney McKnight stated the process. Attorney McKnight clarified the Planning Board has 45 days to act on this. Councilor Lazo asked how much this cost in legal fees. Attorney McKnight stated to this point about $500. Mr. Carlisle stated these fees were charged to the Enterprise Fund. Councilor Lazo asked how the road would be funded. Mr. Carlisle stated the Town would borrow the necessary money, approximately $6 million, and contract language would be in place for Casella to repay this borrowing.

      Councilor Vandal stated this was opening a can of worms. He stated if the people on Worcester Street who would be affected by this road were satisfied, and if Casella paid for the road, then it would have his blessing. Mr. Carlisle stated a willingness had already been expressed by Casella on both counts. Councilor Vandal stated Casella needed to make these people an offer.

      Councilor Marino made a motion to send this agenda item to subcommittee, seconded by Councilor Marcucci. Chairman Tremblay indicated the DPW Subcommittee. VOTE TO SEND AGENDA ITEM #10 TO SUBCOMMITTEE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      Chairman Tremblay called for a recess at 8:52 p.m. The meeting resumed at 9:03 p.m.

      AGENDA ITEM #11. VOTE THAT $478,000.00 IS APPROPRIATED FOR EXTENSION OF THE SEWER SYSTEM ON NORTH WOODSTOCK ROAD AND DOUTY STREET, THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $478,000.00 UNDER CHAPTER 44 OF THE GENERAL LAWS; THAT WHILE SUCH BORROWING SHALL CONSTITUTE A GENERAL OBLIGATION OF THE TOWN, A PORTION OF THE PRINCIPAL AND INTEREST ON THE BORROWING SHALL BE PAID FROM BETTERMENTS ASSESSED PURSUANT TO G.L. c.83 OR ANY OTHER APPLICABLE GENERAL OR SPECIAL LAWS, AND THAT THE PERCENTAGE OF THE COSTS OF THE PROJECT TO BE PAID FROM BETTERMENT ASSESSMENTS SHALL BE DETERMINED BY A SUBSEQUENT VOTE OF THE TOWN COUNCIL AND IN ACCORDANCE WITH THE PROVISIONS OF G.L. c.83 OR ANY OTHER APPLICABLE GENERAL OR SPECIAL LAW; AND THAT THE TOWN MANAGER IS AUTHORIZED TO TAKE ANY OTHER ACTION NECESSARY TO CARRY OUT THIS PROJECT. 2/3 vote required

      AGENDA ITEM #12. VOTE TO AUTHORIZE SEWER ORDER #05-01 FOR CONSTRUCTION OF A SANITARY SEWER ON NORTH WOODSTOCK ROAD AND DOUTY STREET IN ACCORDANCE WITH CHAPTER 83 OF THE MASSACHUSETTS GENERAL LAWS.

      Chairman Tremblay stated both these items had errors, and asked for a motion to table. Councilor Marcucci made a motion to table agenda items #11 and #12. Vote by show of hands to table Agenda Items #11 and #12, 8 to 0 all in favor.

      AGENDA ITEM #13. VOTE THAT $193,926.00 IS APPROPRIATED FOR EXTENSION OF THE SEWER SYSTEM ON ALPINE DRIVE; THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $193,926.00 UNDER CHAPTER 44 OF THE GENERAL LAWS; THAT WHILE SUCH BORROWING SHALL CONSTITUTE A GENERAL OBLIGATION OF THE TOWN, A PORTION OF THE PRINCIPAL AND INTEREST ON THE BORROWING SHALL BE PAID FROM BETTERMENTS ASSESSED PURSUANT TO G.L. c.83 OR ANY OTHER APPLICABLE GENERAL OR SPECIAL LAWS, AND THAT THE PERCENTAGE OF THE COSTS OF THE PROJECT TO BE PAID FROM BETTERMENT ASSESSMENTS SHALL BE DETERMINED BY A SUBSEQUENT VOTE OF THE TOWN COUNCIL AND IN ACCORDANCE WITH THE PROVISIONS OF G.L. c.83 OR ANY OTHER APPLICABLE GENERAL OR SPECIAL LAW, AND THAT THE TOWN MANAGER IS AUTHORIZED TO TAKE ANY OTHER ACTION NECESSARY TO CARRY OUT THIS PROJECT. 2/3 vote required.

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

      AGENDA ITEM #13. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #14. VOTE TO AUTHORIZE SEWER ORDER #05-02 FOR CONSTRUCTION OF A SANITARY SEWER ON ALPINE DRIVE IN ACCORDANCE WITH CHAPTER 83 OF THE MASSACHUSETTS GENERAL LAWS. A motion was made by Councilor McDonald, seconded by Councilor Marcucci, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #15. VOTE THAT $150,885.00 IS APPROPRIATED FOR EXTENSION OF THE SEWER SYSTEM ON BRENTWOOD DRIVE THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $150,885.00 UNDER CHAPTER 44 OF THE GENERAL LAWS; THAT WHILE SUCH BORROWING SHALL CONSTITUTE A GENERAL OBLIGATION OF THE TOWN, A PORTION OF THE PRINCIPAL AND INTEREST ON THE BORROWING SHALL BE PAID FROM BETTERMENTS ASSESSED PURSUANT TO G.L. c.83 OR ANY OTHER APPLICABLE GENERAL OR SPECIAL LAWS, AND THAT THE PERCENTAGE OF THE COSTS OF THE PROJECT TO BE PAID FROM BETTERMENT ASSESSMENTS SHALL BE DETERMINED BY A SUBSEQUENT VOTE OF THE TOWN COUNCIL AND IN ACCORDANCE WITH THE PROVISIONS OF G.L. c.83 OR ANY OTHER APPLICABLE GENERAL OR SPECIAL LAW; AND THAT THE TOWN MANAGER IS AUTHORIZED TO TAKE ANY OTHER ACTION NECESSARY TO CARRY OUT THIS PROJECT. 2/3 vote required.

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

      AGENDA ITEM #15. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY. COUNCILORS ABSTAINING: VANDAL. MOTION PASSES.

      AGENDA ITEM #16. VOTE TO AUTHORIZE SEWER ORDER #05-03 FOR CONSTRUCTION OF A SANITARY SEWER ON BRENTWOOD DRIVE IN ACCORDANCE WITH CHAPTER 83 OF THE MASSACHUSETTS GENERAL LAWS. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY. COUNCILORS ABSTAINING: VANDAL. MOTION PASSES.

      AGENDA ITEM #17. VOTE TO AMEND ARTICLE II, SECTION 203 - ZONING MAP OF THE TOWN OF SOUTHBRIDGE ZONING BY-LAW AND ZONING MAP BY INCLUDING WITHIN THE HEAVY INDUSTRY DISTRICT ALL OF THE LAND SHOWN ON ASSESSORS' MAP 51, LOT 50; SAID LOT CONTAINING 1.14 ACRES, MORE OR LESS, AND BEING THE SAME PREMISES CONVEYED BY DEED APRIL 16, 2003, AND RECORDED WITH WORCESTER REGISTRY OF DEEDS IN BOOK 29717, PAGE 271.

      First reading

      Chairman Tremblay made the first reading of this amendment.

      Councilor Chernisky stated if the Council was going to vote this after three meetings, then the public should know what is being discussed between the Town and Pelletier Lumber. Councilor Chernisky read a list of covenants which could be put in place with any zoning change. These included restrictions on hours of operation, loading and unloading restrictions; to lock the front gate when the business is closed and not allowing trucks to park there; fencing and plantings around areas of the perimeter of the property; and restrictions on constructions changes to the property.

      Councilor Vandal asked if the South Street residents were privy to this covenant. Attorney McKnight said as far as she knew the people on South Street did not have a copy, and communication had been with the Pelletier attorney only. Councilor Vandal stated before this proceeded further a copy of the proposed covenant needed to be given to the South Street residents.

      Councilor Lazo asked what the hours were with the previous owners. Attorney McKnight stated there were no hours established, and this was something new, and was something the Town could only enforce through a set of restrictions. Mr. Carlisle stated with the previous owner all business was done in heavy industrial zoned property, and hence there were no limits.

      Councilor McDonald stated the Town needed to make contact with the residents to see what was going on. Councilor McDonald stated he wouldn't want someone in his backyard at 6 a.m., particularly with the foul language being used, which he had heard on a trip to the site. He stated the people in the area ought to have some input on the contract before coming for approval, and before he could support this zoning change he wanted ironclad protection for the residents. Chairman Tremblay stated he would make the proposed covenant available to the residents.

      Councilor Marcucci stated hopefully any interested resident will get a copy of the proposed covenant, and anyone with an opinion will be present at the third reading. Chairman Tremblay stated there could be public input at any meeting. Councilor Chernisky stated any person wanting to give an opinion on the covenant hopefully would do so between now and the second reading.

      Leon Chenier of Dennison Lane stated Trahan operated from 6 a.m. to 5:30 p.m., and Saturdays too.

      Chairman Tremblay stated anyone requesting a copy of the proposed covenant would get one.

      AGENDA ITEM #18. VOTE TO RATIFY THE CONTRACT WITH MAUREEN B. PROKOS AND THE TOWN OF SOUTHBRIDGE IN THE AMOUNT OF $1,740.00 FOR A CDBG COMMERCIAL REHABILITATION PROJECT AT 37 HAMILTON STREET. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, MARCUCCI, MARINO, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: LAZO, VANDAL. MOTION PASSES.

      AGENDA ITEM #19. VOTE TO RATIFY THE CONTRACT WITH STEVEN T. & LISA A. BODREAU AND THE TOWN OF SOUTHBRIDGE IN THE AMOUNT OF $13,830.00 FOR A CDBG COMMERCIAL REHABILITATION PROJECT AT 33 HAMILTON STREET. A motion was made by Councilor McDonald, seconded by Councilor Chernisky, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. COUNCILORS ABSTAINING: MARCUCCI. MOTION PASSES.

      AGENDA ITEM #20. VOTE, AT THE REQUEST OF THE PLANNING BOARD AND THE MEMBERS INVOLVED, THAT THE FULL TIME MEMBER OF THE PLANNING BOARD, MICHAEL MONTEMBEAU, BECOME THE ALTERNATE MEMBER AND THAT THE ALTERNATE MEMBER, PAUL St.JEAN, BECOME THE FULL TIME MEMBER. A motion was made by Councilor Chernisky, seconded by Councilor Lazo, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. COUNCILORS ABSTAINING: TREMBLAY. MOTION PASSES.

      AGENDA ITEM #21. VOTE TO PAY A PRIOR YEAR BILL TO HEWLETT-PACKARD IN THE AMOUNT OF $299.00 AND APPROPRIATE THE FUNDS BY TRANSFERRING $299.00 FROM TREASURER/COLLECTOR DATA PROCESSING ACCOUNT NO. 1-145-570-5301 TO TREASURER/COLLECTOR PRIOR YEAR BILLS. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #22. COUNCILORS' FORUM

      Councilor Marcucci stated she was looking forward to the upcoming Planning and Development Subcommittee meeting to talk about recommendations for the Armory.

      Councilor Marcucci stated she appreciated those who came forth at Citizens' Forum. She stated she didn't believe anyone was anti-education, and she hoped everyone went to the School Committee meeting.

      Councilor Marcucci stated she had the opportunity to drive through town the previous Thursday, and it took her nine minutes to traverse the middle of town because of a bottle neck in traffic created by the downtown traffic lights.

      Councilor Ferron stated the Superintendent Search Committee had put forth three great candidates for the position, and he thanked all those who had met with the candidates. Councilor Ferron stated he did not want to bring in a new superintendent and only give them enough money to doom this person to fail.

      Councilor Chernisky thanked the DPW for removing the shard of plexiglass at the McCann Field, and for picking up the trash in the area.

      Councilor Chernisky stated the Town Manager has submitted a budget proposal, and there had been no formal budget hearings yet. Councilor Chernisky stated in subcommittee a lot of information was discussed, and anyone interested should attend the budget meetings. Councilor Chernisky stated the maximal amount taxes could be increased is 22%, and the Town Manager was working on ways to reduce this number. Councilor Chernisky stated if the Town closed the Fire Department, the Police Department, and the Inspections Service, this still would not bridge the $4.1 million gap which was being discussed. Councilor Chernisky stated he wanted the Town Manager to see if a voluntary line item could be added to citizens' tax bills as a way to relieve the budget.

      Councilor Vandal stated with Elm Street being redone from Pizza Chef to the Broken Wheel Restaurant, there were a number of potholes on this street, and perhaps in conjunction with the construction some asphalt patch could be placed in these potholes.

      Councilor Vandal spoke about the dangerous situation caused by parking around the J.I. Morris building.

      Councilor Vandal stated he wanted the landfill opened for residents once a month.

      Councilor Vandal stated at the last meeting there was talk about placing a police officer in the downtown area, and he hadn't seen them. He stated he would fill out a form tomorrow on this.

      Councilor Lazo congratulated Southbridge businesses and Valerie Pontriand for the prior weekend's May Day festivities.

      Councilor Lazo thanked Ron Trudeau for his response to a 12 inch hole in the Route 169 bridge, which now had a steel plate. Councilor Lazo stated there had been talk in the past about removing this bridge, and asked the manager if this was still being considered.

      Councilor Lazo thanked the teachers and parents for coming and speaking, and he wanted things worked out.

      Councilor Marino stated since the Town had provided Charlton with water, the Town should push to have the access road go through Charlton.

      Councilor Marino stated Special Education spending was way out of whack. He stated the Town should encourage State legislators to change the policy. He stated the State had made mandates, and then stopped paying them, and if the State insists on current SPED requirements then maybe the State should take over. Councilor Marino stated the State should be giving back to the Towns for the Schools.

      AGENDA ITEM #23. DISCUSSION OF NEXT MEETING DATE. Councilor Chernisky recommended 5/23/05. This was made a motion by Councilor Lazo, seconded by Councilor Ferron. Vote by show of hands, all in favor.

      A motion was made to adjourn by Councilor Chernisky, seconded by Councilor Ferron. Vote by show of hands, all in favor. The meeting adjourned at 9:53 p.m.

      Respectfully submitted,

      Max Gullekson
      Council Recording Clerk


      TOWN COUNCIL MEETING MONDAY, APRIL 25, 2005

      A meeting of the Southbridge Town Council was held on Monday, April 25, 2005, in the Robert MacKinnon Council Chambers. Chairman Tremblay called the meeting to order at 7 p.m.

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

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

      AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE APRIL 11, 2005 MEETING. A motion was made by Councilor Ferron, seconded by Councilor McDonald, to accept the minutes. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS ABSTAINING: LAZO. Motion passes.

      AGENDA ITEM #4. SUBCOMMITTEE REPORTS

      • a. General Government. Councilor Chernisky read the minutes of the 4/20/05 meeting. He corrected the minutes to reflect Councilor Langevin was there.
      • b. DPW. Councilor Lazo stated there was a meeting on 4/27/05 at 7 p.m. in the Rice Conference Room.
      • c. Education and Human Services. Councilor Marcucci read the minutes of the 4/12/05 meeting. Councilor Marino stated the correct name of the new Citizen Member was Kelsey, not Halsey. Councilor Marino stated there was a meeting scheduled for 5/2/05, with the School Committee, at 7 p.m. in the Rice Conference Room.
      • d. Planning and Development. Councilor Ferron read the minutes of the 4/19/05 meeting.
      • e. Protection of Persons and Property. Councilor McDonald read the minutes of the 4/13/05 meeting.

      AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

      Chairman Tremblay had no announcements.

      AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

      Town Manager Carlisle described the American Legion service flag which had been presented to the Town.

      Mr. Carlisle stated leaf bags for disposing of yard debris would be available at the Big Bunny, the Big Y, and Dick's Hardware, for 10c apiece. He said any bag which was shreddable was acceptable for use.

      AGENDA ITEM #7. CITIZENS' FORUM

      No citizens wished to speak.

      AGENDA ITEM #8. VOTE TO AMEND THE AGREEMENT PROVIDING FOR THE ESTABLISHMENT OF THE SOUTHERN WORCESTER COUNTY REGIONAL SCHOOL DISTRICT, AS AMENDED, IS FURTHER AMENDED AS FOLLOWS:

      The Town of North Brookfield shall be added as a member to the Southern Worcester County Regional Vocational School District. The admission is subject to the Town of North Brookfield paying the District a sum representing their share of the cost of the original construction and the cost of all additional construction together with interest thereon as determined by the Department of Education. The admission to the District to take effect upon the approval of the admission to the District by the Department of Education. A motion was made by Councilor McDonald, seconded by Councilor Chernisky, to vote this amendment.

      Business Manager John Lafleche of the Bay Path Regional Vocational Technical High School described this item and items #9 and #10. He stated a positive vote was required of 5 of the 7 current member towns for Bay Path to make this change, as well as approval of each of the 3 town meetings of the towns to be added. Mr. Lafleche stated adding these towns would decrease for the Town of Southbridge the percentage of total payment for retiree health care, capital costs, debt service, and equipment for from the current assessment of 17% to around 14%. Mr. Lafleche stated the potential downfall is that this might take away seats in the school from current member towns, but that he felt this would not happen. Mr. Lafleche stated next year there were potentially two additional towns that wanted to be admitted, and these would be taken separately with an eye toward ensuring the current member towns could continue to send every child to Bay Path who wished to go.

      AGENDA ITEM #8. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #9. VOTE TO AMEND THE AGREEMENT PROVIDING FOR THE ESTABLISHMENT OF THE SOUTHERN WORCESTER COUNTY REGIONAL SCHOOL DISTRICT, AS AMENDED, IS FURTHER AMENDED AS FOLLOWS:

      The Town of Paxton shall be added as a member to the Southern Worcester County Regional Vocational School District. The admission is subject to the Town of Paxton paying the District a sum representing their share of the cost of the original construction and the cost of all additional construction together with interest thereon as determined by the Department of Education. The admission to the District to take effect upon the approval of the admission to the District by the Department of Education.

      A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #10. VOTE TO AMEND THE AGREEMENT PROVIDING FOR THE ESTABLISHMENT OF THE SOUTHERN WORCESTER COUNTY REGIONAL SCHOOL DISTRICT, AS AMENDED, IS FURTHER AMENDED AS FOLLOWS:

      The Town of Spencer shall be added as a member to the Southern Worcester County Regional Vocational School District. The admission is subject to the Town of Spencer paying the District a sum representing their share of the cost of the original construction and the cost of all additional construction together with interest thereon as determined by the Department of Education. The admission to the District to take effect upon the approval of the admission to the District by the Department of Education.

      A motion was made by Councilor Marino, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #11. VOTE TO CONFIRM THE APPOINTMENT OF PRIVATE JEFFREY PAUL MATHIEU AS LIEUTENANT IN THE FIRE DEPARTMENT FOR THE TOWN OF SOUTHBRIDGE. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item.

      A lengthy discussion was held regarding such things as the cost of this position, the impact on the department, and the desire to move the Deputy Chief position back to a shift rather than make a promotion to lieutenant. Also discussed was the promotion process, and how a candidate was determined to be the best one. Also discussed were the minimal requirements for this position. The union's view was also discussed. Councilor Langevin stated the deputy chief position went unfilled for ten years and the department survived this. Councilor McDonald stated it was unfair to ask someone to do the work of a position and not pay them for it. Mr. Carlisle described his reasons for wanting this confirmation.

      AGENDA ITEM #11. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, MARCUCCI, MARINO, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: CHERNISKY, LANGEVIN, LAZO, AND VANDAL. MOTION PASSES.

      Lieutenant Mathieu presented and thanked everyone, and said he looked forward to serving the Town in this capacity.

      AGENDA ITEM #12. VOTE TO CONFIRM THE APPOINTMENT OF CHIRSTOPHER L. WILSON AS A PERMANENT FIREFIGHTER FOR THE TOWN OF SOUTHBRIDGE FOR AN INDEFINITE TERM. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      Private Wilson presented and thanked everyone involved.

      AGENDA ITEM #13. VOTE TO AUTHORIZE THE TOWN MANAGER, CLAYTON R. CARLISLE, TO EXECUTE AN EASEMENT FOR UTILITY SERVICES INCLUDING PLACEMENT OF POLES TO BE LOCATED ON TOWN PROPERTY AT OR NEAR THE TOWN LANDFILL ON BAREFOOT ROAD. (AIRPORT COMMISSION TO APPROVE THE POLE HEIGHT AS IT APPLIES TO REGULATIONS PER CHAPTER 90, SEC. 35B AND CHAPTER 90, SEC. 40A. A motion was made by Councilor Marcucci, seconded by Councilor Langevin, to vote this item.

      Mr. Carlisle explained this. Councilor Ferron asked if this had anything to do with the potential Worcester Street access road to the industrial park, and Mr. Carlisle said no.

      AGENDA ITEM #13. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #14. VOTE THAT $295,000.00 IS APPROPRIATED FOR THE PURPOSE OF FINANCING THE PURCHASE OF A PUMPER TRUCK INCLUDING WITHOUT LIMITATION ALL COSTS THEREOF AND THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $295,000.00 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. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item.

      Mr. Carlisle stated this was in all likelihood the last chance the Town would have to buy a replacement pumper for the 1973 model currently in service, based on truck manufacturer's moving toward larger vehicles.

      Councilor Ferron stated he had asked the Town Manager to produce a list of capital items for this year's budget. Councilor Ferron stated he was in favor of this vehicle, but without that list he did not want to vote, and he made a motion to table agenda item #14, which was seconded by Councilor Marcucci. VOTE TO TABLE AGENDA ITEM #14 -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, MARCUCCI. COUNCILORS OPPOSED: CHERNISKY, LANGEVIN, LAZO, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION FAILS.

      Mr. Carlisle stated it was his fault he didn't provide this list of capital items for the FY05 budget, and he described some of the items in this budget. Councilor Ferron asked for a five minute recess to discuss this further.

      Chairman Tremblay called for a recess at 8:26 p.m. The meeting resumed at 8:34 p.m.

      A lengthy discussion was held on this issue. Councilor Marino stated there were so many areas that needed to be addressed in the Town, and somewhere the Town had to hold the line on costs. Councilor Langevin stated this truck was long overdue, but taxes in the Town had just been raised 6%, and the Council just keeps saying yes to everything. Fire Chief Laporte stated it was unlikely the Town could get a grant to pay for this piece of equipment, and that if the Town waited the cost would be greater in the future. Councilor Chernisky stated the Town still needed a street sweeper, books for the high school, a fire station, and all manner of other needs, and the Town was faced with potential tax increases of 6% for the next five years. Councilor Lazo stated this appeared to be tax and spend, and as such he could not support it at this time. Councilor Marcucci asked about replacing a 1,000 gallon tank with a 500 gallon tank. Chief Laporte stated a 500 gallon tank could pump water for about 5 to 6 minutes, and met a certain need. Councilor Ferron stated the Town needed to ensure the safety of those working at the Fire Department.

      AGENDA ITEM #14. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: CHERNISKY, LANGEVIN, LAZO, MARCUCCI, MARINO, AND VANDAL. MOTION FAILS.

      AGENDA ITEM #15. VOTE TO TRANSFER THE SUM OF $55,379.03 TO THE FY2005 FIRE DEPARTMENT PUMPER TRUCK AS FOLLOWS - $35,491.23 FROM SALE OF REAL ESTATE RECEIPTS RESERVED FOR APPROPRIATION AND $19,887.80 FROM FY2003 FIRE DEPARTMENT TOWER TRUCK. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item.

      It was pointed out that Agenda Item #15 and #16 were no longer applicable, as Item #14 had failed. Chairman Tremblay asked that a vote be taken.

      AGENDA ITEM #15. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: MCDONALD. COUNCILORS OPPOSED: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, TREMBLAY, AND VANDAL. MOTION FAILS.

      AGENDA ITEM #16. VOTE TO RATIFY A CONTRACT IN THE AMOUNT OF $348,380.00 WITH SEAGRAVE FIRE APPARATUS LLC FOR THE PURCHASE OF A PUMPER TRUCK FOR THE FIRE DEPARTMENT. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS OPPOSED: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION FAILS.

      AGENDA ITEM #17. VOTE TO TRANSFER THE SUM OF $86,800.00 TO THE STABILIZATION FUND FROM THE FOLLOWING ACCOUNTS:

      1-220-510-5190 Fire Sick Leave Buy Back $ 7,500.00
      1-220-570-5500 Fire Medical Supplies 5,000.00
      1-220-580-5856 Fire Medical Equipment 2,500.00
      1-499-510-5110 DPW Operations salary 10,000.00
      1-589-5899-59061-133 Medicaid Billing 20,000.00
      1-945-575-5300 Elderly Flu Clinic 1,800.00
      81-945-8002-5173 Unemployment 30,000.00
      FY04 School Dept Deficit
      1-589-5899-59068-123 Resolution account 10,000.00
      TOTAL $86,800.00

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

      Mr. Carlisle stated this transfer got the Town to the $920,000 mark previously indicated in prior meetings.

      AGENDA ITEM #17. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #18. VOTE TO AUTHORIZE THE TOWN MANAGER, CLAYTON R. CARLISLE, THE TOWN COUNCIL AUTHORITY AS PROVIDED IN THE TOWN CHARTER UNDER SECTION 14-2 AND SECTION 9-2 REGARDING POLE PETITIONS IN THE TOWN OF SOUTHBRIDGE ACCORDING TO CHAPTER 166, SECTION 22 OF M.G.L. A motion was made by Councilor Ferron, seconded by Councilor Langevin to vote this item.

      Councilor Lazo asked how the Council would be informed of pending pole removals. Mr. Carlisle stated he would include it in the reading packet.

      AGENDA ITEM #18. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #19. VOTE TO ADOPT THE PROVISIONS OF M.G.L. CHAPTER 59, SECTION 5, CLAUSE 41C REAL ESTATE TAX EXEMPTION TO REPLACE THE PROVISIONS OF M.G.L. CHAPTER 59, SECTION 5, CLAUSE 41 WHICH IS CURRENTLY IN EFFECT TO COMMENCE WITH FISCAL YEAR 2006. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #20. VOTE TO ADOPT THE PROVISIONS OF M.G.L. CHAPTER 59, SECTION 5, CLAUSE 54 REAL ESTATE TAX EXEMPTION TO COMMENCE WITH FISCAL YEAR 2006.

      A motion was made by Councilor Ferron, seconded by Councilor Langevin, to amend Agenda Item #20 as follows: VOTE TO ADOPT THE PROVISIONS OF M.G.L. CHAPTER 59, SECTION 5, CLAUSE 54 SMALL PERSONAL PROPERTY ACCOUNTS EXEMPTION TO COMMENCE WITH FISCAL YEAR 2006 EXEMPTING ACCOUNTS WITH A TAXABLE VALUE OF LESS THAN $1000,00. VOTE TO AMEND -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #20 (AMENDED AS ABOVE). VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #21. VOTE TO AMEND THE BY-LAWS OF THE TOWN OF SOUTHBRIDGE BY ADDING THE FOLLOWING:

      Section 3-107 -- Filing of Minutes

      Certified copies of the minutes of all meetings of all multiple member bodies shall be filed with the Town Clerk within five days following the meeting of the multiple member body at which meeting said minutes shall have been approved by the multiple member body. The minutes of all executive sessions of multiple member bodies shall be filed with the Town Clerk within five days following the date the minutes of those meetings have been made public. This filing of minutes of meetings with the Town Clerk is for the convenience of the public. Such filing shall not be construed to be the official records of the multiple member body. The official records shall continue to be maintained in the custody of the person designated pursuant to MGL Chapter 66, Section 6.

      Third reading

      A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #22. VOTE TO AMEND ARTICLE 1, SECTION 4 OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING THE FOLLOWING TO THE FINE SCHEDULES:

      • D = $250 plus removal costs
      • E = $500 plus removal costs
      • F = $1,000 plus removal costs

      AND TO AMEND ARTICLE XX, SECTION 5, PARAGRAPH 1 - (21D, FINE SCHEDULE D, E, F)

      Third reading

      A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #23. VOTE TO AMEND ARTICLE II, SECTION 203 -- ZONING MAP OF THE TOWN OF SOUTHBRIDGE ZONING BY-LAW AND ZONING MAP BY INCLUDING WITHIN THE HEAVY INDUSTRY DISTRICT ALL OF THE LAND SHOWN ON ASSESSOR'S MAP 51, LOT 50; SAID LOT CONTAINING 1.14 ACRES, MORE OR LESS, AND BEING THE SAME PREMISES CONVEYED BY DEED APRIL 16, 2006, AND RECORDED WITH WORCESTER REGISTRY OF DEEDS IN BOOK 29717, PAGE 271.

      First reading

      A motion was made by Councilor Chernisky to table this item, seconded by Councilor Chernisky Lazo. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #24. COUNCILORS' FORUM

      Councilor Langevin asked how long it would be before the Brentwood Drive sewer extension work began. Mr. Carlisle stated the question regarding the end of Brentwood Drive was on schedule to be talked about at a DPW Subcommittee meeting, and with this the other three would be back on the agenda for a Town Council vote.

      Councilor Ferron urged anyone who wanted to run for Town Council to please do so, stating hard decisions had to be made as a Councilor.

      Councilor Ferron asked the Town Manager to set up a strategic meeting regarding the direction of the budget.

      Councilor Ferron stated the beavers were active again on Guelphwood Road, and he wanted this looked into.

      Councilor Chernisky stated the McCann Field was littered, and in particular there was a large piece of plexiglas with sharp edges which needed to be taken care of. Mr. Carlisle stated he had passed this request on to the DPW, and they had done cleanup at this site. Councilor Chernisky stated there was also graffiti now at that site.

      Councilor Vandal asked about the street sweeper situation. Mr. Carlisle stated he had asked the DPW about possibly renting one, and also Casella had offered the Town the use of its street sweeper.

      Councilor Vandal asked about posting a police officer at the churches on Saturday evening, particularly St. Mary's and St. Hedwig's. Mr. Carlisle stated this matter had been left with the police chief, and standing orders had been left with the department to be available. He stated he would check into this.

      Councilor Vandal stated people had been cutting through Maria Ave, and going too fast, and perhaps a sign there would slow them down. He stated also the crosswalk was faded and this could be replaced.

      Councilor Vandal asked about road paving, and when the paving on Maria Ave would occur. Mr. Carlisle stated he would check into this. Councilor Vandal stated perhaps owners in the area could be notified, so that work could be done in conjunction with this paving.

      Councilor Vandal stated he had spoken with a woman who could not come to Citizen's Forum, and he wanted a form for people to be able to fill out, so that their comments could be read at Citizen's Forum for them.

      Councilor Vandal asked about the status of Lieutenant Fontaine of the Police Department. Mr. Carlisle stated he had no further comment on this until there is an appropriate time.

      Councilor Vandal asked about the status of the armory building. Mr. Carlisle stated the Armory Building Reuse Committee had wrapped up their work, and are ready to meet. Mr. Carlisle stated he would see if there was a time when subcommittee could meet on this, and then bring before the full Council.

      Councilor Vandal asked about the old car which had been auctioned by the Town. Mr. Carlisle stated the car had been sold for about $1,500, after failing twice to sell the car at auction. C

      ouncilor Vandal asked about opening the landfill for citizens. He stated he had spoken with someone who told him the landfill operator would not accept lengths of log greater than 4 feet. Mr. Carlisle stated the landfill had not allowed wood lengths longer than 4 feet since the 1970s, and he would deal directly with this person and their concerns.

      Councilor Vandal asked about Millennium Power, and whether the Town was receiving any payments from them. Mr. Carlisle stated Millennium had contacted the Town two weeks ago about making an early payment. Mr. Carlisle stated all payments were up to date, and he was expecting another payment in early May to complete the payments for the year.

      Councilor Vandal stated a fence had been started in front of the old Dresser Hill junk yard, across from the water treatment facility, and this had never been finished. Mr. Carlisle stated he would have the police chief pursue this.

      Councilor Lazo thanked the DPW for putting up the stop sign on Maria Ave.

      Councilor Lazo stated he concurred with other Councilors regarding trash at the McCann Field. He stated perhaps it was time to lock the gates and take away the basketball courts, until people using them realized they needed to clean up after themselves. He stated there was also trouble of this kind at the Morris Street Field.

      Councilor Lazo stated there were people in Town who were blocking the sidewalks with their trash, and they should be fined for this.

      Councilor Lazo stated jaywalkers were creating a dangerous situation in the downtown area, and these people needed to be ticketed for breaking the law.

      Councilor Lazo stated he wanted a subcommittee to discuss parking on Main Street between Cross and Oliver Streets, as well as a subcommittee meeting on promotional policies at the Fire Department.

      Councilor Lazo stated he had received a letter from a candidate for the recent hiring at the Fire Department, who stated he had never been informed he wasn't hired for the position. Mr. Carlisle explained the Town's policy regarding this.

      Councilor Marino stated when LeBoeuf empties the dumpster in from the TAG building on Maria Ave, they block traffic to do so. He stated this needed to be looked into.

      Councilor Marino asked about the land near Corriveau Ave that the Town owns. Mr. Carlisle stated the auction was this Thursday. Councilor Marino stated he would like it used for recreation if no one bids it.

      Councilor Marino stated he did not like the comment made earlier by the representative of the Fire Department union, regarding moving the Deputy Chief position back to a shift leader.

      AGENDA ITEM #25. DISCUSSION OF THE NEXT MEETING DATE. Councilor Chernisky recommended 5/9/05, seconded by Councilor Marcucci. Vote by show of hands, all in favor.

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

      The meeting adjourned at 9:55 p.m.

      Respectfully submitted,

      Max Gullekson
      Council Recording Clerk


      TOWN COUNCIL MEETING, MONDAY, APRIL 11, 2005

      A meeting of the Southbridge Town Council was held on Monday, April 11, 2005, in the Robert MacKinnon Council Chambers. Chairman Tremblay called the meeting to order at 7:08 p.m.

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

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

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

      March 24, 2005 Council of the Whole meeting. A motion was made by Councilor Ferron, seconded by Councilor Chernisky, to approve these minutes. Councilor Chernisky made a correction to page four, the top paragraph, stating he did not say the Town could run the Special Education Program. Vote by show of hands, all in favor, Councilors Langevin, Marcucci, and McDonald abstaining.

      March 28, 2005 Town Council meeting. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to approve these minutes. Vote - by roll call - Councilors in favor: Chernisky, Ferron, Langevin, Marcucci, Marino, McDonald, and Vandal. Councilors abstaining: Tremblay. Motion passes.

      AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

      a. General Government. Councilor Chernisky read the minutes of the 4/4/05 subcommittee meeting. He stated the next meeting was scheduled for 4/20/05.

      b. DPW. Councilor Lazo was excused from the meeting.

      c. Education and Human Services. Councilor Marino stated there was a meeting on 4/12/05 at 7 p.m. in the Rice Conference Room.

      d. Planning and Development. Councilor Ferron stated he wanted a meeting on 4/19/05 at 7 p.m. in the Rice Conference Room, to look again at long-term planning for the Town of Southbridge.

      e. Protection of Persons and Property. Councilor McDonald stated there would be a meeting on 4/13/05 at 7 p.m. in the Rice Conference Room.

      AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

      Chairman Tremblay thanked Councilor Chernisky for doing an excellent job as acting Chairman in his absence at the prior Town Council meeting.

      AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

      FY06 Budget

      Mr. Carlisle described the process of the budget.

      Mr. Carlisle stated the 36,000 sq ft property on Hillcrest Avenue was coming up for auction again, on 4/28/05. He stated the terms were advertised in the paper, and were the same as a year ago.

      Mr. Carlisle described the memo which had been provided regarding reopening Old South Street for access to Westville Lake, which he recommended be sent to DPW Subcommittee for affirmative action.

      Mr. Carlisle stated the prior Friday the Charlton Board of Selectmen had met with the Charlton Water Commissioners. Mr. Carlisle stated there was not yet an agreement to provide Southbridge water to Charlton, but he would bring this forward when it was available.

      Mr. Carlisle stated in talking with Casella, it was the general consensus that the new trash pickup had gone off well from Monday through Wednesday. He stated Thursday was a heavy day, because so many didn't know about the new schedule; and he stated Friday went okay. Mr. Carlisle stated he had toured the town on Sunday and it was extremely neat. Mr. Carlisle stated the recycling had gone off well.

      Mr. Carlisle thanked the Southbridge Fire Department for their response to fires on Hamilton Street and Worcester Street, as well as fire departments from surrounding towns who had responded to these fires and in covering the station.

      AGENDA ITEM #7. CITIZENS' FORUM

      John Lachapelle, who is a member of the Jacob Edwards Library Board of Trustees, introduced Mr. Thomas Clark of Millbury as the new Interim Library Director. Mr. Carlisle stated he had encouraged the trustees of the library to allow Mr. Clark signatory authority, and stated that Agenda Item #11 in tonight's agenda dealt with confirmation of this appointment.

      A motion was made by Councilor McDonald, seconded by Councilor Marcucci, to move Agenda Item #11 to vote now. Vote by show of hands, all in favor.

      AGENDA ITEM #11. VOTE TO CONFIRM THE TOWN MANAGER'S APPOINTMENT OF MR. THOMAS CLARK AS INTERIM LIBRARY DIRECTOR. A motion was made by Councilor Chernisky, seconded by Councilor Langevin, to vote this item.

      Councilor Chernisky stated he had met Mr. Clark prior, and it was his understanding Mr. Clark had helped Southbridge before, and he comes highly recommended by the Library Board of Trustees, and he was glad to have him.

      AGENDA ITEM #11. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #7. CITIZENS' FORUM (continued)

      Donald Bailey of 15 Pleasant Street spoke regarding the tanker trucks coming down Pleasant Street at 9:30 p.m., which had a strong sulfur smell, and he requested they be brought down during daytime hours.

      AGENDA ITEM #8. VOTE TO NAME THE ENTIRE HENRY STREET FIELD AREA THE EDGAR L. (MAC) MCCANN MEMORIAL FIELD. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      Paulette Desorcy, the daughter of the late Councilor McCann, presented and thanked everyone for recognizing her father.

      AGENDA ITEM #9. VOTE TO CONFIRM THE APPOINTMENTS OF THE BUILDING INSPECTOR TO A BOARD OF SURVEY FOR THE MICHAEL'S PUB PROPERTY AT 476 WORCESTER STREET, COMPRISED OF THE BUILDING INSPECTOR, NICK TORTIS, FIRE CHIEF LEONARD LAPORTE, THE SURVEYOR, MR. RICHARD PARA, AND A DISINTERESTED CITIZEN, BEING MICHAEL LOIN, ALL PURSUANT TO CHAPTER 143, SECTION 8 AND THE TOWN OF SOUTHBRIDGE CHARTER. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item.

      Mr. Carlisle described the deterioration of this property, which has gone on for 25 years. Mr. Carlisle stated there were methods for dealing with untended private properties, and this was one of them. He stated this was the first step to take to rid the town of this property under this method.

      Councilor Langevin thanked the manager for his work, and stated this had been an eyesore for a long time.

      Councilor Chernisky asked if any of these surveyors would be paid beyond their regular salary, and Mr. Carlisle stated no.

      Councilor Vandal stated there was no need for a big entourage to determine if the building is safe, and that the building inspector could tell. Mr. Carlisle stated the method being used was to track State law, to help ensure its success. Mr. Carlisle stated to look at the building there was little doubt it was falling apart, but when it comes to the rights of someone's personal property the Town had to be very careful in its approach.

      AGENDA ITEM #9. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #10. VOTE TO NAME THE POLICE STATION'S COMMUNITY MEETING ROOM THE 9-11 MEMORIAL MEETING ROOM HONORING THE MANY PEOPLE WHO LOST THEIR LIVES AT THE WORLD TRADE CENTER IN NEW YORK, THE PENTAGON IN ARLINGTON, VA, AND AT SHANKSVILLE, PA TO RECOGNIZE THE EFFORTS OF COUNTLESS THOUSANDS OF PEOPLE AROUND THE WORLD WHO IN SOME WAY GAVE OF THEMSELVES TO ASSIST THE FAMILIES AND THE NATION RECOVER. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #12. VOTE TO TRANSFER THE SUM OF $167,953.00 TO THE STABILIZATION FUND FROM THE FOLLOWING ACCOUNTS:

      1-210-510-5132Police Training$ 3,000.00
      1-210-570-5193Police Training $ Tuition2,000.00
      1-210-570-5241Police Repair/Maint. of MV1,000.00
      1-210-570-5251Police Repair/Maint. of equip2,000.00
      1-210-570-5270Police rentals1,000.00
      1-210-570-5271Police Gear and Uniforms1,000.00
      1-210-570-5480Police MV Parts/Access.3,000.00
      1-210-570-5502Police Chem. & Lab Supplies2,000.00
      1-210-570-5510Police Controlled Substances 1,000.00
      1-210-570-5582Police Safety Supplies2,000.00
      1-210-580-5853Police Elec. Light $ Comm.2,000.00
      1-910-713-5152Salary Adjustment11,000.00
      1-421-510-5110DPW Admin. Salary40,476.00
      1-499-510-5110DPW Operations Salary20,000.00
      1-240-510-5110Inspections Salary46,287.00
      15-345-6673-5967Sale of Street Lists6,000.00
      15-345-6753-5967WPAT Septic Loan Program24,190.00

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

      Mr. Carlisle stated this money was returned from various Town accounts as excess, to the Stabilization Fund, toward the goal of ending State control based on the amortization of the school deficit. Mr. Carlisle stated between now and the middle of May he hoped to finish the review of other accounts, with an eye toward achieving some $920,000 in the Stabilization Fund so that Council could vote to pay off this amortized amount from the FY04 school deficit. Mr. Carlisle stated doing this would have a vast impact on the FY06 budget, to the Town's benefit.

      Councilor Chernisky thanked the Town Manager and the Department heads for their work, and he felt this was an excellent first step toward financial recovery.

      Councilor Ferron thanked the Town Manager and the budget team for working hard on this. He stated his hope the Town could keep any excess spending down, with the hope of getting out of the State's control.

      AGENDA ITEM #12. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #13. VOTE TO TRANSFER $26,000.00 FROM SALE OF REAL ESTATE RECEIPTS RESERVED FOR APPROPRIATION # 15-345-6522-5961 TO MOTOR VEHICLE FUEL & LUBRICANTS #1-190-737-5481. A motion was made by Councilor Langevin, seconded by Councilor McDonald, to vote this item.

      Mr. Carlisle stated he believed this transfer would see the Town through 6/30/05. Mr. Carlisle stated this was for fuel for vehicles, and it would give the Town a low but safe amount of fuel, which had become more costly than originally budgeted.

      AGENDA ITEM #13. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #14. VOTE TO TRANSFER THE SUM OF $2,100.00 FROM TOWN COUNCIL SPECIALIZED SERVICES ACCOUNT 1-111-570-5300 TO PROPERTY MANAGEMENT MISCELLANEOUS ACCOUNT 1-190-744-5700. THIS SUM WILL PAY CURRENT SEWER BETTERMENT ASSESSMENTS ON TOWN OWNED PROPERTY. A motion was made by Councilor Langevin, seconded by Councilor Marcucci, to vote this item.

      Mr. Carlisle stated this amount was for the few parcels at Hillcrest Avenue where the new sewers went out front.

      AGENDA ITEM #14. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #15. VOTE TO TRANSFER THE SUM OF $6,656.00 FROM MEDICAID BILLING ACCOUNT 1-589-5899-59061-133 TO WORKERS COMPENSATION INSURANCE ACCOUNT 1-940-716-5170 TO COVER THE COST OF ADDITIONAL WORKER'S COMPENSATION PREMIUM DUE TO ANNUAL PAYROLL AUDIT. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item.

      Mr. Carlisle stated at this point the audit had been completed, and the audit pointed out the need for this money.

      AGENDA ITEM #15. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #16. VOTE TO AMEND THE BY-LAWS OF THE TOWN OF SOUTHBRIDGE BY ADDING THE FOLLOWING:

      Section 3-107 -- Filing of Minutes

      Certified copies of the minutes of all meetings of all multiple member bodies shall be filed with the Town Clerk within five days following the meeting of the multiple member body at which meeting said minutes shall have been approved by the multiple member body. The minutes of all executive sessions of multiple member bodies shall be filed with the Town Clerk within five days following the date the minutes of those meetings have been made public. This filing of minutes of meetings with the Town Clerk is for the convenience of the public. Such filing shall not be construed to be the official records of the multiple member body. The official records shall continue to be maintained in the custody of the person designated pursuant to MGL Chapter 66, Section 6.

      Second reading

      This second reading was done by Councilor Chernisky.

      AGENDA ITEM #17. VOTE TO AMEND ARTICLE 1, SECTION 4 OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING THE FOLLOWING TO THE FINE SCHEDULES:

      • D = $250 plus removal costs
      • E = $500 plus removal costs
      • F = $1,000 plus removal costs

      AND TO AMEND ARTICLE XX, SECTION 5, PARAGRAPH 1 - (21D, FINE SCHEDULE D, E, F)

      Second reading

      This second reading was done by Councilor Chernisky.

      AGENDA ITEM #18. VOTE TO AMEND SCHEDULE 1 OF THE TOWN OF SOUTHBRIDGE CLASSIFICATION AND COMPENSATION PLAN BY ADDING THE FOLLOWING POSITION:

      MS-12 Cable Access Coordinator

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

      Councilor Chernisky made a motion to amend Schedule 1 in Agenda Item #18 to read MS-10 Cable Access Coordinator, with the minimum step being $13.28 an hour, up to a maximum of $14.90 an hour. This motion was seconded by Councilor Langevin.

      Mr. Carlisle stated the original vote in General Government Subcommittee had been to send this item forward as is, with the position being classified as an MS-12, and he asked the Council to reject this amendment and return to the motion as endorsed.

      Councilor Langevin stated he felt the current candidate does an excellent job, but he was opposed to giving anyone a $5 to $6 an hour pay raise. Mr. Carlisle stated this was not so much a pay raise as it was a reclassification. Mr. Carlisle described how the job had evolved over the past three years, including the integration of much new technical equipment, and that the job would continue to evolve with resultant improvements in the Cable Access Studio.

      Councilor Marino asked if this meant there would be another person on the Town's payroll, and asked why the cable company can't pay for this employee. Mr. Carlisle stated his desire to bring the amount of $88,500.00 from the Charter Cable Company contribution to the Town into the Town's budget, and from this money pay the salary for this position. Mr. Carlisle stated it would have no impact on taxes.

      Councilor Marcucci stated she was opposed to the principle of someone receiving a $6 an hour increase. She stated the person doing this job does deserve a raise, and she was seeking a point of compromise.

      Councilor Chernisky asked the Town Manager to provide him with something showing it was State law that someone working over 20 hours a week was entitled to benefits. Councilor Chernisky stated this position was indeed a technical position, but so were the positions of firefighter and EMT. Councilor Chernisky stated Council had never approved the original payment for this position, and the then Town Manager had merely created pay for this position, and prior to that all the work had been done on a volunteer basis. Councilor Chernisky stated this position needed to be paid fairly, but the Town's interests had to be protected. He also stated he was concerned that if the position became a Town employee, then they would have to film any event that requested coverage, even something like the KKK if they decided to hold a rally in Southbridge.

      Mr. Carlisle stated benefits accrue at 20 hours a week of employment and he would provide that information to Council.

      Councilor Vandal made a motion to send this back to subcommittee for further discussion. There was no second.

      Councilor Ferron stated he felt the Town Manager's numbers were too high for this position, and that Councilor Chernisky's numbers were too low. He suggested perhaps making this an MS-11 position with a starting rate of $14.90 an hour.

      Raymond Gauthier of Southbridge, who is on the Southbridge Cable Advisory Committee, spoke next. He stated indeed when the studio first started all workers were volunteers, but things began to break down, at which time the position was created. Mr. Gauthier stated the position had never received a raise in four years, with no vacation in four years, and no sick days, and no benefits. Mr. Gauthier stated the current candidate was very good at his job, and that the community had a very high regard for the local cable access channel.

      James Sottile of Southbridge spoke next. He stated he was a cable access junkie, and that the current candidate does a fine job. He stated the Council needed to consider the fairness doctrine, that if the candidate deserves the money then he should get it.

      Chairman Tremblay called for a recess at 8:27 p.m. The meeting resumed at 8:42 p.m.

      Councilor Chernisky seconded Councilor Vandal's motion to send this item back to subcommittee for further review. VOTE TO SEND AGENDA ITEM #18 TO SUBCOMMITTEE FOR FURTHER REVIEW -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: FERRON AND LANGEVIN. MOTION PASSES.

      AGENDA ITEM #19. VOTE TO AMEND ARTICLE II, SECTION 203 -- ZONING MAP OF THE TOWN OF SOUTHBRIDGE ZONING BY-LAW AND ZONING MAP BY INCLUDING WITHIN THE HEAVY INDUSTRY DISTRICT ALL OF THE LAND SHOWN ON ASSESSORS' MAP 51, LOT 50; SAID LOT CONTAINING 1.14 ACRES, MORE OR LESS, AND BEING THE SAME PREMISES CONVEYED BY DEED APRIL 16, 2003, AND RECORDED WITH WORCESTER REGISTRY OF DEEDS IN BOOK 29717, PAGE 271.

      First reading

      Councilor Chernisky stated he was concerned about this being on the agenda as the first reading. He stated since this had been discussed in executive session the Council had not gone back to discuss it any further. He stated until the Council knew what they were discussing, he didn't know how to count this as a first reading.

      Mr. Carlisle described the process of the first, second, and third readings being spread out over at least four weeks. He stated he had repeatedly asked the Council for comments, and had received none since the executive session discussion. Councilor Chernisky stated he wanted to discuss this once again prior to making the readings in a Town Council meeting.

      Councilor Chernisky made a motion to table this indefinitely until the Town Manager could schedule a Council of the Whole meeting for further discussion. This motion was seconded by Councilor Vandal.

      Councilor Marcucci asked if instead this could be done in subcommittee, perhaps Planning and Development, to allow anyone that is concerned or has issues to bring them forward. Chairman Tremblay stated people could speak at any of the three readings.

      VOTE TO TABLE AGENDA ITEM #19 -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #20. VOTE TO RATIFY THE CONTRACT WITH NICHOLAS J. SOTAR AND YURI I. SOTAR AND THE TOWN OF SOUTHBRIDGE IN THE AMOUNT OF $14,257.00 FOR A CDBG COMMERCIAL REHABILITATION PROJECT. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: MARINO AND VANDAL. MOTION PASSES.

      AGENDA ITEM #21. COUNCILORS' FORUM

      Councilor Marino asked about the new annual report, and whether it too would be made available to the public. Mr. Carlisle stated he was one or two reports away from having all the documents necessary to publish this report. Mr. Carlisle stated this year the report would be run on a copying machine in the Town Hall, to print as many as required.

      Councilor Marino asked if the Armory building could be sent out to bid, as many felt this was a white elephant. Mr. Carlisle stated the work of the Ad Hoc Armory Advisory Committee was almost complete, and he would present their recommendations to the Town Council.

      Councilor Vandal stated a resident had called regarding disposing a TV, a lawnmower, and a treadmill. Mr. Carlisle stated the person should give Casella a call about how to get rid of these.

      Councilor Vandal stated the Town streets were filthy, and the Town needed to find money to purchase a new street sweeper. Mr. Carlisle stated he had asked the DPW Director to look into reciprocity with other communities, to see if there was some way we could use someone else's street sweeper until ours is fixed, or if there was a way to rent one.

      Councilor Chernisky stated he had received word from residents in precinct 4 that they never received the letter and refrigerator magnet from Casella, outlining the new trash pickup schedule. Mr. Carlisle stated Casella had received their mailing list from the post office.

      Councilor Chernisky stated he had spoken with John Schwalbe prior to the changeover, and had been assured the landfill would be open for a few more Saturdays. Councilor Chernisky stated a number of people had driven to the landfill on the first Saturday in April and had been turned away, and asked if there was any way Casella could keep the landfill open for a few more first Saturdays to allow people to get the bulk of their refuse out.

      Councilor Ferron stated he had finally seen the Casella street sweeper going up and down Pleasant Street, and he thanked them.

      Councilor Ferron stated the façade work on the old Noe's Restaurant on Hamilton Street had come out really nice, and he hoped this would entice other property owners to apply for a CDBG grant.

      Councilor Marcucci encouraged all residents to read the pamphlet describing the new trash pickup schedule, and to not call Councilors or the Town Hall. She stated she was very encouraged by the number of people who had cleared trash out of their back yards and placed it in front to be taken away.

      Councilor Langevin stated the Henry Street Field had been used for an event on Saturday, and he was dismayed by the mess left there by those who had used it. He stated he wanted the Town Manager to instruct the Police Department to hand out citations for littering for people who do this, and if people can't respect the facility then it should be closed.

      Councilor Langevin stated he had received a phone call from someone traveling down Eastford Road who had seen piping material, and he asked the Town Manager if this was for water or sewer. Mr. Carlisle stated there were no water or sewer lines being installed there, and these pipes might be for drainage.

      Councilor Langevin asked about truck traffic on Pleasant Street coming at about the same time as school bus pickup times. Mr. Carlisle described how larger trucks were contracted to start coming at 7 a.m., and no earlier, to unload demolition. Mr. Carlisle stated municipal solid waste trucks began around 8 a.m., after the school buses were thinning out, and their work was done around 1 or 2 p.m. Mr. Carlisle described the construction of the new building at the landfill site, and for a time there would be more trucks coming to bring in the installation products for this new building.

      Chairman Tremblay stated he had asked the Building Inspector and Health Inspector to accompany him, and he had pointed out many areas in town with trash. Chairman Tremblay stated many citations had been handed out, and many were being taken to court.

      Councilor Vandal asked about the number of trucks going to the landfill. Mr. Carlisle stated he would ask Casella for a better estimate of this number.

      Councilor Ferron asked if anyone had authorized extra trucks to go to the landfill. Mr. Carlisle stated during the construction process of the new facility at the landfill there would be more trucks for the purpose of delivering construction goods for this facility.

      AGENDA ITEM #22. DISCUSSION OF NEXT MEETING DATE

      Councilor Chernisky recommended 4/25/05 as the next meeting date, seconded by Councilor Langevin. Vote by show of hands, all in favor.

      A motion was made to adjourn by Councilor Chernisky, seconded by Councilor Langevin. The meeting adjourned at 9:21 p.m.

      Respectfully submitted,

      Max Gullekson
      Council Recording Clerk


      TOWN COUNCIL MEETING, MONDAY, MARCH 28, 2005

      A meeting of the Southbridge Town Council was held on Monday, March 25, 2005, in the Robert MacKinnon Council Chambers. Vice Chairman Chernisky called the meeting to order at 7:02 p.m.

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

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

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

      • a. March 10, 2005 Council of the Whole. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to accept these minutes. Vote by show of hands, all in favor, Councilors Marcucci and Langevin abstaining.
      • b. March 14, 2005 Town Council. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to accept these minutes. Vote by show of hands, all in favor.

      AGENDA ITEM #4. SUBCOMMITTEE REPORTS:

      • a. General Government. Councilor Chernisky described the meeting on 3/21/05, and stated the minutes were available in the Manager's office and the Clerk's office.
      • b. DPW. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
      • c. Education and Human Services. Councilor Marino stated there would be a meeting on 4/12/05, at 7 p.m. in the Rice Conference Room, to discuss the Bay Path budget, and the possible inclusion of new towns into the Bay Path enrollment.
      • d. Planning and Development. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.
      • e. Protection of Persons and Property. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

      AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

      Vice Chairman Chernisky stated Chairman Tremblay could not be at the meeting, and he was filling in.

      Vice Chairman Chernisky introduced Mr. Gene Thayer, the Interim School Superintendent. Mr. Thayer stated he looked forward to helping turn the schools around. He stated he felt people wanted to work together, to get out from under the cloud of underperforming. Councilor Lazo Thanked School Committee Chairperson Mary Ellen Prencipe for bringing Mr. Thayer to town. Councilor Langevin welcomed Mr. Thayer to town, and stated it was nice to have a new beginning.

      AGENDA ITEM #6. TOWN MANAGER ANNOUNCEMENTS

      Mr. Carlisle introduced Project Officer Mormino to talk about the new trash pickup service. Mr. Mormino described the schedule, and stated there was a half-page ad in the Southbridge Evening News outlining the new service. Councilor Vandal asked if there would be a charge for pickup of large items to take to the landfill, and Mr. Mormino said no. Mr. Mormino stated that Casella Waste Systems with comfortable with the idea of dividing the town up by precincts. Mr. Mormino stated the new company would be taking over on 4/4/05. Mr. Mormino stated as far as household debris to be disposed, Casella would take up to 2 yards of material, and any more had to be worked out with individual.

      Mr. Carlisle stated his new car was en route, and should be here some time in the next week or so.

      Mr. Carlisle stated the Town and the School Department had agreed to share in the application of a small grant to remove a fuel tank at McMahon Field. By the terms, the Department of Revenue and the School Department would be splitting the approximately $2,500 cost of removing this tank, and the Town would be responsible for any residual fuel spill that may have occurred at the site.

      Mr. Carlisle described the Town of Southbridge providing water to the Town of Charlton, at an amount of less than 100,000 gallons a day, to help aid those Charlton residents whose wellwater was polluted. Mr. Carlisle stated the Town of Charlton would pay all costs for water delivery, and would be charged the same way Southbridge charges its largest customer. Mr. Carlisle stated the Department of Environmental Protection would probably go along with this solution, and that Council approval was necessary.

      Mr. Carlisle stated he had asked the police chief to look into the situation with Beck Grain, to make sure everyone who has had dealings with this company would be able to contact the owner and resolve their issues.

      Mr. Carlisle stated half of the FY06 budgets were back from various Town departments. Mr. Carlisle stated the budget format for this year would be the same as last year's, with a narrative explaining the overall budgets, then detailed account sheets line by line, then a description of how to move the process along until November, and then a narrative from each department.

      Mr. Carlisle stated the Southbridge Police Department now has a new sign for their building.

      Mr. Carlisle stated the first attempt at selling the Town-owned property at 61 Chestnut Street had been last Friday, and there were no bids. Mr. Carlisle stated the Town would continue to search for an appropriate bidder for the property.

      Councilor McDonald asked if the Town was losing ownership of its pipes. Mr. Carlisle stated the Town of Southbridge had to be very careful to name an exact geographic area to which it was selling water, and the 120 or so homes and businesses to receive water had to be named and addressed.

      Councilor Marino asked if the Town of Charlton could expand their acquisition of Southbridge water. Mr. Carlisle stated no, water would only be provided to the homes and businesses listed.

      Councilor Lazo asked if the Town had enough water. Mr. Carlisle described how this was so.

      AGENDA ITEM #7. CITIZENS FORUM

      Karen Pickarski of South Street read a statement regarding proposed zoning changes on South Street, specifically regarding the Pelletier property. She described how the construction of a large building on single family zoned property behind the Pelletier's property was adversely affecting the neighbors, the whole of South Street via truck traffic, and the Westville Lake residential area.

      AGENDA ITEM #8. VOTE TO APPOINT MARK L. MORIN AS A MEMBER OF THE PLANNING AND DEVELOPMENT SUBCOMMITTEE FOR THE TOWN OF SOUTHBRIDGE UNTIL JUNE 30, 2005. A motion was made by Councilor McDonald, seconded by Councilor Marino, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #9. VOTE TO AUTHORIZE THE TOWN MANAGER THE TOWN COUNCIL AUTHORITY AS PROVIDED IN THE TOWN CHARTER UNDER SECTOIN 14-2 AND SECTION 9-2 REGARDING POLE PETITIONS IN THE TOWN OF SOUTHBRIDGE ACCORDING TO CHAPTER 166, SECTION 22 OF M.G.L. (TO BE REFERRED TO SUBCOMMITTEE). A motion was made to send this item to General Government Subcommittee by Councilor Marino, seconded by Councilor Lazo. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #10. VOTE TO RESCIND THE VOTE TAKEN ON FEBRUARY 28, 2005, AGENDA ITEM NO. 15 - "VOTE TO AUTHORIZE THE TOWN MANAGER TO DISPOSE OF, BY PUBLIC AUCTION AS ALLOWED UNDER M.G.L. CHAPTER 60 SECTION 8, A PARCEL OF LAND LOCATED ON APOLLO DRIVE, ASSESSORS' MAP 55, LOT 35B, AS DESCRIBED IN THE WORCESTER DISTRICT REGISTRY OF DEEDS BOOK 23939, PAGE 347, SUCH PROPERTY OBTAINED BY THE TOWN BY TAX FORECLOSURE." A motion was made by Councilor Marino, seconded by Councilor Langevin, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #11. VOTE TO DECLARE THAT THE TOWN OWNED PROPERTY AT APOLLO DRIVE, ASSESSORS MAP 55, LOT 35B IN SOUTHBRIDGE, MASSACHUSETTS, IS NO LONGER NEEDED FOR ANY PUBLIC OR MUNICIPAL PURPOSE AND IS SURPLUS AND AVAILABLE FOR DISPOSITION IN COMPLIANCE WITH CHAPTER 30B OF THE GENERAL LAWS BY THE DULY APPOINTED PURCHASING AGENT WHO IS TOWN MANAGER CLAYTON R. CARLISLE. A motion was made by Councilor Lazo, seconded by Councilor Marcucci, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #12. VOTE TO DECLARE THAT THE TOWN OWNED PROPERTY AT ALPINE DRIVE, ASSESSORS MAP 107, LOT 8 CONSISTING OF 118.3 ACRES IN SOUTHBRIDGE, MASSACHUSETTS IS NO LONGER NEEDED FOR ANY PUBLIC OR MUNICIPAL PURPOSE AND IS SURPLUS AND AVAILABLE FOR DISPOSITION IN COMPLIANCE WITH CHAPTER 30B OF THE GENERAL LAWS BY THE DULY APPOINTED PURCHASING AGENT WHO IS TOWN MANAGER CLAYTON R. CARLISLE. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

      Councilor Ferron asked how this parcel is currently zoned. Mr. Carlisle stated it was zoned as single family.

      Councilor Marino made a motion to table this until a time when the Council may increase the required lot sizes for any development on this land. This was seconded by Councilor Langevin.

      Mr. Carlisle stated he wanted Councilors to reject this motion. He stated Agenda Item #13 on tonight's agenda would provide for appraisal and the planning for the parcel, to determine its best use. Mr. Carlisle stated the best way to deal with this was to do a site survey, and then bring back any recommendations to the Town Council for approval for disposal. Mr. Carlisle stated later on tonight's agenda was a question about looking into a density schedule, which would also clarify the use of this lot.

      Councilor Marino stated he would not withdraw his motion, and he also would not vote for the $10,000 in Agenda Item #13 as the Town was spending too much money.

      Councilor McDonald stated he wished to table this, and his first concern was the density of any development on this land. He stated he wished to declare the zoning in this area first, and then declare the land as surplus.

      Councilor Vandal stated he also supported tabling this vote, as he didn't want to see 200 houses on this property, and he preferred larger house lots.

      VOTE TO TABLE AGENDA ITEM #12, BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION TO TABLE PASSES.

      AGENDA ITEM #13. VOTE TO TRANSFER FROM THE STABILIZATION FUND THE AMOUNT OF $10,000.00 FOR PROFESSIONAL APPRAISAL, PLANNING AND SURVEYING SERVICES IN ORDER TO MAXIMIZE THE VALUE OF THE PARCEL (ALPINE DRIVE, ASSESSORS MAP 107, LOT 8) SUCH AMOUNT TO BE ADMINISTERED BY THE TOWN MANAGER. A motion was made to table this item by Councilor McDonald, seconded by Councilor Ferron. VOTE TO TABLE THIS ITEM -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #14. VOTE TO REFER TO GENERAL GOVERNMENT SUBCOMMITTEE THE RENAMING OF THE LARRY HYMAN CONFERENCE ROOM TO THE 9-11 ROOM AS A REMINDER OF WHAT HAPPENED ON THAT DREADFUL DAY SEPTEMBER 11, 2001. A motion was made by Councilor Lazo, seconded by Councilor Langevin, to vote this item.

      Councilor Vandal stated he didn't believe a room should be dedicated to someone and then changed later. He stated that room should remain the Larry Hyman room for eternity.

      Councilor Ferron stated he agreed with this, and maybe another room should be found or something else should be found to memorialize this date.

      Councilor Langevin also agreed with this, and stated a room should not be dedicated to someone and then later taken away. Councilor Langevin stated he thought this was a worthy cause, but something else should be found to honor this date.

      Councilor Marino stated Larry Hyman was here for a year or two, and contributed nothing, and this room was named for him because he had a few drinking friends on the Council.

      AGENDA ITEM #14. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: LAZO, MARINO, AND MCDONALD. COUNCILORS OPPOSED: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, AND VANDAL. MOTION FAILS.

      AGENDA ITEM #15. VOTE TO AMEND THE BY-LAWS OF THE TOWN OF SOUTHBRIDGE BY ADDING THE FOLLOWING:

      Section 3-107 -- Filing of Minutes

      Certified copies of the minutes of all meetings of all multiple member bodies shall be filed with the Town Clerk within five days following the meeting of the multiple member body at which meeting said minutes shall have been approved by the multiple member body. The minutes of all executive sessions of multiple member bodies shall be filed with the Town Clerk within five days following the date the minutes of those meetings have been made public. This filing of minutes of meetings with the Town Clerk is for the convenience of the public. Such filing shall not be construed to be the official records of the multiple member body. The official records shall continue to be maintained in the custody of the person designated pursuant to MGL Chapter 66, Section 6.

      First reading

      Councilor Chernisky provided the first reading of this item.

      AGENDA ITEM #16. VOTE TO AMEND ARTICLE 1, SECTION 4 OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING THE FOLLOWING TO THE FINE SCHEDULES:

      • D = $250 plus removal costs
      • E = $500 plus removal costs
      • F = $1,000 plus removal costs

      AND TO AMEND ARTICLE XX, SECTION 5, PARAGRAPH 1 - (21D, FINE SCHEDULE D, E, F)

      First reading

      A motion was made to pass over this Agenda Item by Councilor Ferron, seconded by Councilor Langevin. Vote by show of hands, 8 to 0 all in favor.

      It was stated Agenda Item #16 had been passed over because the fine structure was determined to not be legal.

      AGENDA ITEM #17. VOTE TO AMEND ARTICLE 1, SECTION 4 OF THE TOWN OF SOUTHBRIDGE BY-LAWS BY ADDING THE FOLLOWING TO THE FINE SCHEDULES:

      • D = $250 plus removal costs
      • E = $275 plus removal costs
      • F = $300 plus removal costs

      AND TO AMEND ARTICLE XX, SECTION 5, PARAGRAPH 1 -- (21D, FINE SCHEDULE D,E,F)

      First reading

      Councilor Chernisky provided the first reading of this item.

      AGENDA ITEM #18. VOTE THAT $348,380.00 IS APPROPRIATED FOR THE PURPOSE OF FINANCING THE PURCHASE OF A PUMPER TRUCK INCLUDING WITHOUT LIMITATION ALL COSTS THEREOF AND THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $348,380.00 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. A motion was made by Councilor McDonald, seconded by Councilor Lazo, to vote this item.

      Councilor Ferron asked what the vote for on this item was in the Protection of Persons and Property Subcommittee. Councilor McDonald stated this had not come before the PPP Subcommittee. Councilor Ferron stated he could not support any items that required paying out money until they were discussed at subcommittee.

      Councilor Langevin asked Fire Chief Laporte if this pumper was to replace Engine #3. Chief Laporte said yes. Councilor Langevin asked the Fire Chief why the Fire Department was going back to a 500 gallon tank pumper instead of staying with 1,000 or 1,500 gallons. Chief Laporte stated this was a smaller, attack pumper, which would be quicker to the scene and be able to maneuver into more places. Chief Laporte stated this pumper would also more easily fit into the confines of the fire station.

      Councilor Langevin asked if the Town had submitted a filing for a grant for this purchase. Chief Laporte stated yes, two years prior the Town submitted but was not accepted. Councilor Langevin asked for a copy of this submission.

      Councilor Langevin stated this should be sent to subcommittee. He stated he would be voting no at this time, but the Fire Department does bring in about $1 million a year in revenue through the ambulance service. He stated he wanted to start a savings account for future equipment purchases for the Fire Department.

      Mr. Carlisle stated subcommittee was a good place to discuss this issue. Mr. Carlisle stated regarding saving money for future purposes, the Town had a cash shortage but not a borrowing shortage, and the people receiving the benefit from any purchase such as this should be the ones paying for it, and a borrowing was the way to ensure this happened. Mr. Carlisle stated also unless the Town ordered this piece of equipment soon the company which manufactures it will no longer be able to make an engine narrow enough to get into the garage at the fire station.

      Councilor Lazo made a motion to send Agenda Item #18 to subcommittee for review, seconded by Councilor Ferron. VOTE TO SEND AGENDA ITEM #18 TO SUBCOMMITTEE FOR REVIEW -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      Councilor McDonald stated he would hold the next Protection of Persons and Property Subcommittee meeting on 4/13/05.

      AGENDA ITEM #19. VOTE TO RATIFY A CONTRACT IN THE AMOUNT OF $348,380.00 WITH SEAGRAVE FIRE APPARATUS LLC FOR THE PURCHASE OF A PUMPER TRUCK FOR THE FIRE DEPARTMENT. A motion was made by Councilor Marcucci, seconded by Councilor Langevin, to send this item to subcommittee for review. VOTE TO SEND AGENDA ITEM #19 TO SUBCOMMITTEE FOR REVIEW -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #20. VOTE THAT $54,633.00 IS APPROPRIATED FOR THE PURPOSE OF FINANCING THE PURCHASE OF A NEW BOILER TO REPLACE BOILER NUMBER 3 AT SOUTHBRIDGE HIGH SCHOOL INCLUDING WITHOUT LIMITATION ALL COSTS THEREOF AND THAT TO MEET THIS APPROPRIATION THE TREASURER WITH THE APPROVAL OF THE TOWN MANAGER IS AUTHORIZED TO BORROW $54,633.00 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. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item.

      Councilor Lazo stated this was not a luxury item, but a necessity.

      Councilor Ferron stated this item had been discussed at many subcommittees, and the amount being spent now was less than the amount originally anticipated. Councilor Ferron stated this was worthwhile.

      Councilor McDonald stated he would support this, and finally put this item to rest.

      AGENDA ITEM #20. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #21. VOTE TO RATIFY THE CONTRACT WITH ASCOLILLO INC. AND THE TOWN OF SOUTHBRIDGE IN THE AMOUNT OF $54,663.00 TO REPLACE BOILER NUMBER 3 AT SOUTHBRIDGE HIGH SCHOOL. A motion was made by Councilor Langevin, seconded by Councilor Ferron, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #22. VOTE TO RATIFY THE CONTRACT WITH LANDUSE, INCORPORATED AND THE TOWN OF SOUTHBRIDGE IN THE AMOUNT OF $5,000.00 FOR THE PROJECT KNOWN AS TECHNICAL SERVICES FOR ZONING. A motion was made by Councilor Marcucci, seconded by Councilor Lazo, to vote this item.

      Councilor Ferron made a motion to refer this item to subcommittee, seconded by Councilor Lazo. Mr. Carlisle stated this was grant money through the Community Development Block Grant, and was consistent with the Council's request to look into zoning. Councilor Ferron withdrew his motion, and Councilor Lazo withdrew his seconding to send this item to subcommittee.

      AGENDA ITEM #22. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #23. VOTE TO RATIFY THE CONTRACT WITH RICHARD W. & EILEEN DUNN, TRUSTEES FOR COUNTRY HOUSE II REALTY TRUST AND THE TOWN OF SOUTHBRIDGE IN THE AMOUNT OF $30,520.00 FOR A CDBG COMMERCIAL REHABILITATION PROJECT. A motion was made by Councilor Langevin, seconded by Councilor Marcucci, to vote this item.

      Councilor Lazo stated he would not support any grant money that was going to a commercial interest.

      AGENDA ITEM #23. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, AND MCDONALD. COUNCILORS OPPOSED: LAZO, MARINO, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #24. VOTE TO AMEND THE VOTE TAKEN ON JANUARY 31, 2005 AGENDA ITEM NO. 14 FOR THE FUNDING OF ELEVATOR REPAIRS TO INCLUDE A SECOND PURPOSE OF SCHOOL CAPITAL IMPROVEMENTS BY PROVIDING $20,000.00 OF THE ORIGINAL $42,555.00 FOR A TOWN AND SCHOOL MATCHING SHARE FOR A SECURE OUR SCHOOLS INITIATIVE GRANT PROVIDING 50% OF A $40,000.00 IMPROVEMENT PROGRAM AT SOUTHBRIDGE HIGH SCHOOL AND CHARLTON STREET SCHOOL. A motion was made by Councilor Lazo, seconded by Councilor Vandal, to vote this item.

      Councilor Ferron asked for more background on this item. Police Chief Charette stated this was a grant from the Department of Justice. He said it would be used to fight vandalism at Charlton Street School with lighting, cameras, and motion detector lights, and also would provide alarms on doors at Southbridge High School.

      Councilor Chernisky said he would support this, but when an amount of money was returned from some other appropriation, he wanted the money returned to reserve funds. Councilor Chernisky stated also if the Town knew it was applying for this grant, why not budget for it. Mr. Carlisle stated there were many grants to apply for, and few were awarded. Mr. Carlisle stated the Town would always work diligently to find money for matching grants, because of their value.

      Councilor Marino asked Chief Charette about the doors with alarms. Chief Charette stated this would be like a buzzer that rang in the office to let them know when the door was opened, and would record people leaving as well.

      Councilor Ferron asked Chief Charette if it was possible to do this type work in other schools. Chief Charette stated he would continue to apply for any grant he could find.

      AGENDA ITEM #24. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #25. VOTE TO TRANSFER THE SUM OF $10,000.00 FROM TOWN COUNCIL RESERVE ACCOUNT 1-132-570-5781 TO VETERANS SERVICES ACCOUNT NUMBER 1-945-596-5771. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

      Mr. Carlisle explained how this was a demand-based service, and by design was underfunded. Mr. Carlisle stated the Town had been spending between $45,000 and $55,000 for veteran's services in the past two or three years. He stated as the economy worsens there is a greater pressure for veteran's service payments. Mr. Carlisle stated there were veteran's in need of medical services prior to their acceptance into the VA system.

      Councilor Vandal asked if this money was reimbursed by the federal government. Mr. Carlisle stated there was a percentage of reimbursement, which he believed was 75%. Mr. Carlisle stated there was a problem with timing of reimbursement, that the Town would always get its money but not necessarily in a speedy manner.

      AGENDA ITEM #25. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #26. VOTE TO AMEND SCHEDULE I OF THE TOWN OF SOUTHBRIDGE CLASSIFICATION AND COMPENSATION PLAN BY ADDING TWO POSITIONS AS FOLLOWS:

      • MS-12 Cable Access Coordinator
      • MS-19 Town Agent for Solid Waste/Landfill Monitor

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

      Mr. Carlisle described this as a combined initiative. He stated the General Government Subcommittee has worked long and hard to develop the concept of a landfill monitor. Mr. Carlisle stated in review of positions within the Town, it was determined that there were two positions which did not fit into a schedule of employ, one being the Cable Access Coordinator, and the other as addressed in Agenda Item #27. Mr. Carlisle stated the Janitor/Office Assistant position in Agenda Item #27 had been working under a grant for the Veteran's Office for so long that the position was never captured. Mr. Carlisle stated he wanted to bring the Cable Access Coordinator position into the schedule, so the individual doing the job could enjoy the same Town benefits as every other employee.

      Councilor Lazo stated the Town was not adding a Cable Access Coordinator, as the position is already filled. Mr. Carlisle described how this was paid by Charter, but the employee received no benefits. Councilor Lazo asked if the Landfill Monitor position would be paid by Casella. Mr. Carlisle stated in the short term it would be paid out of the Enterprise Fund, and long term it would probably be paid by Casella.

      Councilor Marino asked if by hiring a landfill monitor, would the Town still employ Camp, Dresser, and McKee. Mr. Carlisle stated yes, that these were separate and distinct roles.

      Councilor Ferron asked if the insurance and other benefits for these two positions would be reimbursed. Mr. Carlisle stated in both positions this would be the case. Mr. Carlisle described an amount of about $88,500.00 paid by Charter, which he wanted brought into the Town's budget, and from that money the position of Cable Access Coordinator would be paid. Councilor Ferron asked if the position of Cable Access Coordinator would cost the Town any more money, and Mr. Carlisle replied it would not.

      Councilor Langevin thanked the combined work of the General Government Subcommittee, Board of Health, and Conservation Commission, in bringing forward the landfill monitor position.

      Councilor Chernisky stated the Cable Access Coordinator position did not go before General Government Subcommittee. He stated he had concerns regarding this. He stated the rate of pay talked about before was substantially less than the amount being offered. He stated also that having a media outlet that was completely independent of the Town would make it more accessible to the public. Councilor Chernisky stated it was difficult to have these two items together in one agenda item.

      Mr. Carlisle stated the cable studio operation was under the direct control of the Town Manager. Mr. Carlisle stated the Cable Committee was advisory. Mr. Carlisle stated this vote does not necessarily change the position to full time. Mr. Carlisle stated this vote would allow this position to continue to be paid at a part-time rate, but that anyone working more than 20 hours a week would be eligible for Town benefits. Mr. Carlisle stated the MS-12 grade was the bottom of the technical employee scale. Mr. Carlisle stated by placing this position in the budget schedule it would be an improvement.

      Councilor Chernisky stated this worked out to a rate of $18.70 an hour, up from the current rate of $12.00 an hour. Mr. Carlisle stated he had classified this rate as he thought it warranted.

      Councilor Marcucci asked if there was a job description for this position. Ray Gauthier of the Cable Advisory Committee stated there was. Mr. Gauthier stated the Committee had increased the current coordinator's hours in the past, but never his pay. Mr. Gauthier stated the Cable Advisory Committee gave the coordinator marching orders every meeting. Mr. Carlisle stated he would send along a job description for this position to every Councilor.

      Councilor Marcucci asked about the number of hours this position would work. Mr. Carlisle stated there were seasonal hours, from 25 to 35 hours per week. Mr. Carlisle stated any position in Town where 20 hours or more is worked is entitled to health, retirement, and other benefits. Mr. Carlisle stated State law governed these benefits. Councilor Lazo asked the Town Manager if this employee had been compensated illegally in the past. Mr. Carlisle stated this position was working under no contract, with no authorization, and this should be resolved.

      Councilor Ferron asked what particular step this individual would start at. Mr. Carlisle stated he would start at the lowest step, going up one step per year. Councilor Ferron asked if he would get raises like everyone else. Mr. Carlisle said yes.

      Councilor Langevin stated if this was sent to subcommittee it would slow down the progress on the landfill monitor. Councilor Langevin made a motion to amend Agenda Item #26 by eliminating the MS-12 position from the item. This was seconded by Councilor Marcucci.

      MOTION TO AMEND AGEND ITEM #26 TO READ AS FOLLOWS: VOTE TO AMEND SCHEDULE I OF THE TOWN OF SOUTHBRIDGE CLASSIFICATION AND COMPENSATION PLAN BY ADDING A POSITION AS FOLLOWS:

      • MS-19 Town Agent for Solid Waste/Landfill Monitor

      VOTE TO AMEND AS ABOVE: COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, AND MCDONALD. COUNCILORS OPPOSED: LAZO AND VANDAL. MOTION PASSES.

      AGENDA ITEM #26 (AMENDED): VOTE TO AMEND SCHEDULE I OF THE TOWN OF SOUTHBRIDGE CLASSIFICATION AND COMPENSATION PLAN BY ADDING A POSITION AS FOLLOWS:

      • MS-19 Town Agent for Solid Waste/Landfill Monitor

      A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, AND MCDONALD. COUNCILORS OPPOSED: LAZO AND VANDAL. MOTION PASSES.

      AGENDA ITEM #27.VOTE TO AMEND SCHEDULE 5 OF THE TOWN OF SOUTHBRIDGE CLASSIFICATION AND COMPENSATION PLAN FOR ELECTED AND APPOINTED PERSONNEL BY ADDING THE FOLLOWING POSITION TO THE VETERANS' SERVICES DEPARTMENT:

      • Janitor/Office Assistant $8.00 per hour

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

      Councilor Marino described how in years past people had policed this area on their own, and now the Town was adding a position starting at $8 per hour, which would keep increasing. Mr. Carlisle stated this person had been in employ for about 12 years, and the rate of $8 per hour had been fixed that whole time.

      AGENDA ITEM #27. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, AND VANDAL. COUNCILORS OPPOSED: MARINO. MOTION PASSES.

      AGENDA ITEM #28. COUNCILORS FORUM

      Councilor Marino stated the people from Breakneck Road were still calling about the need to reopen the access road to Westville Lake. Councilor Marino stated he wanted the Town Manager to send a strong letter to Congressman Neal for support, and even financial assistance for this project.

      Mr. Carlisle stated it was not the consensus of the Council to send this letter. Councilor Lazo stated this had been addressed at subcommittee, and there were people there from Sturbridge who wanted it open, and people from the Conservation and Trail Committees who wanted it to remain closed, and those for and against this road had written to Congressman Neal and no one got an answer back. Councilor Lazo stated he had spoken with a Mr. Kennedy in Congressman Neal's office, and he still could not get an answer. Mr. Carlisle stated a good solution would be to reopen Old South Road, which would introduce traffic into the Westville Lake area beyond the damaged portion of the old road. Councilor McDonald stated in the past, if there was local dispute, then Congressman Neal would be loathe to get involved.

      Councilor Lazo stated with the advent of spring there was lots of sand on the road, and the public needed to be patient with the DPW cleanup crews.

      Councilor Lazo stated there was now graffiti on church signs, baseball dugouts, and all around town. He asked the general public if they noticed any suspicious behavior to report it.

      Councilor Vandal stated the Town of Oxford was trying to get its senior citizens a tax abatement, and he wanted this discussed at subcommittee. Councilor Chernisky stated at last Thursday's Council of the Whole meeting he had asked Principal Assessor Cournoyer to bring forward information on this, and he would bring this to General Government.

      Councilor Ferron stated he had received two calls regarding the Westville Lake access road, wanting to know if Congressman Neal's office had been contacted. Councilor Ferron stated he had received a call from a woman who had stated she would be hard pressed to keep her house if it weren't for senior tax abatements, and the Town needed to keep this benefit.

      Councilor Ferron stated with spring the plow marks would be uncovered, and he hoped the DPW would get around to fixing these areas and cleaning them up. Mr. Carlisle stated to the public if there was a piece of damage to their property because of plowing, to give the DPW a call and they would look into it.

      Councilor McDonald stated he had received several calls on the Westville Dam road, and he was in total support of reopening it. Councilor McDonald stated he had received several calls about the tax abatement, and he hoped the Town did something for the elderly.

      Councilor Marcucci stated she had received a call from Karen Szydlik of 66 Breakneck Road, who also was in support of reopening the road to Westville so as to get new traffic off her road. Councilor Marcucci stated she hoped for a progressive pursuit of this as a Council, along with the Town Manager. Mr. Carlisle stated reopening Old South Street would take only Chapter 90 moneys and cleaning the intersection. Councilor Lazo thoroughly described this intersection.

      Councilor Langevin stated he had received the same phone calls as others, specifically regarding opening the Westville Dam road and tax abatements for seniors. He stated he was looking forward to getting that road opened, and supported helping out the seniors.

      Councilor Chernisky stated he too had received these calls, as well as a call regarding how Town-owned sports fields were reserved and assigned to various leagues, and his hope they would be assigned fairly. Councilor Chernisky also stated if there was any non-sporting event at Henry Street Field, it should be held on the triple A field and not the major league field.

      AGENDA ITEM #29. DISCUSSION OF THE NEXT MEETING DATE: Councilor Chernisky recommended April 11, 2005, in the MacKinnon Chambers. This was made a motion by Councilor Lazo, seconded by Councilor Ferron. Vote by show of hands, all in favor.

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

      The meeting adjourned at 9:23 p.m.

      Respectfully submitted,

      Max Gullekson
      Council Recording Clerk


      COUNCIL OF THE WHOLE MEETING, THURSDAY, MARCH 24, 2005

      A Council of the Whole meeting was held on Thursday, March 24, 2005, in the Rice Conference Room. In attendance were Council Chairman Tremblay, and Councilors Chernisky, Ferron, Lazo, Marino, and Vandal. Also in attendance was Town Manager Carlisle. Also in attendance were Town Accountant Harnois, Treasurer Ernst, Assessor Cournoyer, and Project Officer Mormino. Also in attendance were John Dignam of the Worcester Telegram and Shaun Moriarty of the Southbridge Evening News. Chairman Tremblay called the meeting to order at 7:04 p.m.

      AGENDA ITEM #1. ROLL CALL -- COUNCILORS PRESENT: CHERNISKY, FERRON, LAZO, MARINO, TREMBLAY, AND VANDAL. COUNCILORS EXCUSED: LANGEVIN, MARCUCCI, MCDONALD.

      AGENDA ITEM #2. OVERVIEW OF FY 2006 BUDGET PROCESS

      Mr. Carlisle stated the prime reason for tonight's meeting was to pick up any policies the Council wanted him to keep in mind when finishing off the budget. Mr. Carlisle stated he was presenting tonight a concept budget, with no figures, but the presentation tonight would otherwise pass the muster of the Department of Revenue.

      Mr. Carlisle stated the budget started at the highest amount of money which could be levied by law, with a goal of reducing this amount of tax by $1,600,000 by the time of establishment of the tax levy, and holding the levy to a $600,000 increase. Mr. Carlisle stated this would primarily be done through the sale of property. Mr. Carlisle described the $1.6 million figure as being one-third of the prior year's reduction in debt. Mr. Carlisle stated if the Town could garnish more than $1.6 million, then further discussion could be held regarding what to do with it.

      Mr. Carlisle stated the special legislative act had changed the way the budget was done. Mr. Carlisle stated the cherry sheet was not available until the legislative vote. Mr. Carlisle stated he used the Governor's draft as a guide to estimate the Town's impact. Mr. Carlisle stated the free cash was not certifiable until October or November. Mr. Carlisle stated the Town Accountant believed the free cash on 7/1/05 would be about $550,000, and Mr. Carlisle stated he planned to use the free cash in this plan.

      Mr. Carlisle described revenue to be had from land sales. These included the property on Chestnut Street, and a parcel of about 117 acres with frontage on Durfee Street. Mr. Carlisle stated he would attain a professional appraisal to determine the market value of this property. Mr. Carlisle stated the sale of this parcel could be a large part of the "salvation" for this budget, and this issue would be in the packet for the next Town Council meeting.

      Mr. Carlisle stated he had found a big deficit in the payments to the pension system, where this system was only being funded at 43% of the required funding, and to make it up to fully funded would cost millions. Mr. Carlisle stated there was a big deficit in health care costs for Town employees as well.

      Mr. Carlisle stated the capital planning and capital budget work needed to determined prior to the end of May.

      Mr. Carlisle stated the Town intended level services, with Town-side level dollars as compared to the FY05 budget. Mr. Carlisle stated this goal was for the Town budget as a whole, and various budgets could go up or down. Mr. Carlisle stated the deadline for these budgets from the Town Manager to the Town Council was April 2, 2005.

      Mr. Carlisle stated he wanted to bring the cable TV budget into the operating budget. Mr. Carlisle stated the Director of the local access channel needed to enjoy the same treatment as everyone else as far as pay and benefits, and this cost would be paid from the annual $88,500 cable company payment to the Town.

      Mr. Carlisle described the School budget, and that about $2.6 million was spent last year in excess of level funding. Mr. Carlisle stated he had asked the School Department to clarify their budget for him, and this has not happened. Mr. Carlisle stated the current School appropriation as put together is about $1.3 million less than last year, and he wanted Council support to say to the School Department that this level could increase if they were willing to cooperate.

      Mr. Carlisle described ways to cooperate, as well as other school issues, as follows:

      • 1) Billing for SPED students from other communities, which the School Department can still do back to FY04, and to continue this into FY06; cooperation with the Revolving Fund
      • 2) Pursuing the 21st Century Grant Fund, which had been lost and was worth well over $1 million. Mr. Carlisle stated with the 21st Century Grant Fund, he had been told by Gene Thayer, the Interim School Superintendent, that this may still be had if the Town cooperated, and that access to this grant was lost initially because the Town did not cooperate.
      • 3) Mr. Carlisle stated also that a overpayment to teachers in the amount of $180,000 had been found, and he felt the School Department had the ability to curtail this practice, which would save the Town this amount yearly.
      • 4) Mr. Carlisle stated another area of cooperation from the School Department would be with the Municipal Medicare billing and thus increase income.
      • 5) Mr. Carlisle stated there had been talk at the State level of increasing the State's circuit breaker school disbursement from 72% to 100%. Mr. Carlisle stated police details provided for the schools were being paid for from the Police Department budget, via an amount that had been removed from the School budget and placed in the Police budget.
      • 6) Mr. Carlisle stated the allocation for busing was $2 million, up from last year's $1.8 million.
      • 7) Mr. Carlisle stated if the School Department handled their own health insurance it would stop the erosion of the Town's cash.
      • 8) Mr. Carlisle stated if the School would offer assurances of compliance, then there was no need to move the School's payroll into the Treasurer's control, and without these assurances then the Town should resume control.

      Mr. Carlisle stated as per Chapter 475 of the Massachusetts Acts of 2004, the Town had a window of time by which to set its level of spending and expenditures, which was around the middle of May. Mr. Carlisle stated by November the Town would have its revenues to match that, and then be able to drive down the cost of the tax increase.

      Mr. Harnois gave an overview of the projected revenues and expenditures.

      Mr. Cournoyer described the process of determining the maximum allowable tax levy under Proposition 2 1/2. Mr. Carlisle stated he was hoping to not levy more than $11,349,427.

      Mr. Carlisle stated he wanted the Council to favorably consider level funding on the Town's side, and he wanted to notify the School Department now so they could be ready to determine their employment picture for next year, at a date late in May.

      Councilor Chernisky stated he didn't want a tax increase of more than 3% for next year. He stated he wanted to have at least $1.2 million in reserves. Councilor Chernisky stated he wanted the ability to pay off the State's Control Board completely He stated the Town should plan for less income, and then if we get more then increase spending. Councilor Chernisky stated he wanted to reduce the amount of indirect costs being applied to the Water and Sewer Enterprise Funds, and he wanted them at a strong level before being charged against. Councilor Chernisky stated he wanted to reduce the amount of overtime paid to Town employees, and he wanted to reduce the amount spent on Town attorney services.

      Councilor Chernisky stated the Town-owned property near Cohasse Country Club, with frontage on Durfee Street as described above, need to be sold with strong covenants in place to encourage more expensive homes of 3 acre lots, to limit how it affects the Town and to try to limit the number of school-aged children coming into the neighborhood. He stated providing services for this children would increase the burden on the Town's budget.

      Councilor Chernisky stated regarding the cable budget, he wanted to ensure cable access was accessible to the people, and not controlled by the government.

      Councilor Chernisky stated if the School Department didn't want to run the Special Education Program, then the Town could do this.

      Councilor Chernisky stated the projections were calling for an annual increase of $750,000 on the tax levy until FY09, and he didn't see why this had to continue past this coming year. He stated the tax rate should not be raised higher than the rate of inflation.

      Mr. Carlisle stated the Town had lost $4.2 million in the past three years, and it needed to stop losing money. Mr. Carlisle stated that over time the Town needed to increase the tax base and the reserve funds in the Town. Mr. Carlisle stated the Town was also facing an annual problem of about $1.5 million in expense growth, with the School salaries were going up at a rate currently of $850,000 a year, and that health care costs were up 30.4%. Mr. Carlisle stated he was trying to minimize any more money seeping out of the budget. He stated the Town was already in the red on free cash. Mr. Carlisle stated in order to maintain current services there was no other way than to steadily increase the tax rate. Mr. Carlisle stated the first and highest priority was to reverse the loss of the $4.2 million in cash.

      Councilor Chernisky stated raising revenues was not the only way, and the Town must find other ways to cut, and these included cutting administrative costs, cutting in areas of overtime and attorney fees, and possibly renegotiating the teachers' contract. Councilor Chernisky stated there were three fundamental pieces of the budget -- Plan for less income, maintain a solid $1.2 million in reserve funds, and don't raise taxes by more than 3% next year. Councilor Chernisky stated outside of these parameters he was expecting cuts.

      Councilor Lazo stated he would support a tax increase, but not for more than 3%. He stated many of the elderly in Town were afraid they would not be able to stay in their homes. Councilor Lazo stated he was in favor of selling any land the Town has, including the property at 115 Marcy Street. As far as capital spending, Councilor Lazo stated the Town should buy only the bear necessities.

      Councilor Vandal stated one area of capital spending that needed to be undertaken was replacing the ventilation system at Southbridge High School. Councilor Vandal stated he was in favor of no tax increase at all, and he would not vote for another. He stated the Town needed to tighten its belt. Councilor Vandal stated there was an abatement program in place in Oxford for people 70 and older, and he wanted the same program pursued in Southbridge. Mr. Cournoyer stated the program in Oxford is the same as the one currently in Southbridge, except originally there were some State mandated exemptions. Mr. Cournoyer stated local adoptions could increase eligibility, and he would be happy to do a study on adopting local standards.

      Councilor Ferron stated the Town needed to keep enough free cash to keep the State out of the Town's affairs, and to pay the State back as quickly as possible. Councilor Ferron stated he feels like the State is mandating at least 6% increases for the next three years. Councilor Ferron stated the Town needed to look now at the current budgets of Town departments, to see if some of this money could be recovered instead of spending it at the end of the fiscal year, and any extra money should be placed in the Stabilization Fund to relieve pressure from the State.

      Councilor Ferron stated there needed to be tighter reins on the overtime accounts. He stated an additional tax increase of 6% next year will not make people happy, and now is the time to start tightening belts.

      Chairman Tremblay asked Mrs. Ernst about possibly changing or improving the health care service to the Town's employees. Mrs. Ernst stated there is an insurance advisory committee which must be addressed, as well as the various unions for Town's employees. Mrs. Ernst stated she was working on making changes in an off-plan year.

      Chairman Tremblay stated he was in favor of selling all Town-owned property. He stated the Town needed new growth, and you couldn't just close the gates at the end of Town and tell people we don't want you. Chairman Tremblay stated the YMCA wanted to know a price for buying the property at 115 Marcy Street.

      Councilor Chernisky stated the Town needed new growth, and that residential growth was bad as it cost the Town in services, and commercial growth was the key.

      Mr. Cournoyer stated the tax system was based on property values, and currently values were skyrocketing.

      Mr. Carlisle stated he now had an idea of the Council's expectations. He stated some of these expectations would not fit the concept of the budget, but he would work towards the ones that were plausible. He stated he saw no objection from the Council regarding his approach with the School budget. Mr. Carlisle stated the goal was to earn money in the summer, apply this money to the Stabilization Fund, and then vote in the fall to bring down the tax rate. Mr. Carlisle stated he wanted the Town's department budgets in and to the Town Council by 4/4/05, and it would be similar in format to last year's.

      Mr. Carlisle stated there would be another Council of the Whole meeting, which would take place in executive session and would be for discussion of collective bargaining.

      Councilor Ferron asked if moneys retrieved from the State for the Armory could go directly into the Stabilization Fund. Mr. Carlisle stated if the Town got this money before the borrowing for the property, then this would just be paid off. Mrs. Ernst stated it was the opinion of the financial advisor that the Town should use this money to pay down the debt.

      Councilor Chernisky stated regarding fitting the concept of the budget, if the majority of the Town Council feels a certain way regarding the budget then the Council sets the concept. Mr. Carlisle stated one area of difficulty was the expectation of reducing the budgets now, and then reinstating them with cash when the cash comes in. Mr. Carlisle stated this would not work because the expense portion needed to be set by the end of May, in order to allow the School to determine the need for layoffs.

      Councilor Vandal stated rather than pay for work on the Armory, the Town should have this done by students from Bay Path High School.

      A motion was made to adjourn by Councilor Chernisky, seconded by Councilor Ferron. The meeting adjourned at 9:02 p.m.

      Respectfully submitted,

      Max Gullekson
      Council Recording Clerk


      TOWN COUNCIL MEETING, MONDAY, MARCH 14, 2005

      A meeting of the Southbridge Town Council was held on Monday, March 14, 2005, in the Robert G. MacKinnon Council Chambers. Chairman Tremblay called the meeting to order at 7:03 p.m.

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

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

      AGENDA ITEM #3. CONSIDER AND ACCEPT THE MINUTES OF THE FEBRUARY 28, 2005 MEETING. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to accept these minutes. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS ABSTAINING: FERRON.

      AGENDA ITEM #4. SUBCOMMITTEE REPORTS

      • a. General Government. Councilor Chernisky described the meeting of 3/3/05, and stated the minutes were available in the Town Manager's office. He stated a meeting would be held on 3/21/05, at 7 p.m., in the Rice Conference Room, which would be a joint meeting with the Conservation Commission and the Board of Health.
      • b. DPW. Councilor Lazo stated there were no minutes to read and no meeting was scheduled.
      • c. Education and Human Services. Councilor Marino stated there were no minutes to read and no meeting was scheduled.
      • d. Planning and Development. Councilor Ferron stated there were no minutes to read and no meeting was scheduled.
      • e. Protection of Persons and Property. Councilor McDonald stated there were no minutes to read and no meeting was scheduled.

      AGENDA ITEM #5. CHAIRMAN'S ANNOUNCEMENTS

      Chairman Tremblay stated a public hearing for the Bay Path FY05/06 budget would be held on 3/16/05, at 6:30 p.m., in the Lecture Hall at Bay Path High School.

      Chairman Tremblay read a letter from Senator Moore which described abatements and tax exemptions for the elderly.

      AGENDA ITEM #6. TOWN MANAGER'S ANNOUNCEMENTS

      Mr. Carlisle stated the bill for the elevator repair at Wells Middle School had been processed, and at this time no further action was required.

      Mr. Carlisle stated there would be a budget discussion at a Council of the Whole meeting, on Thursday, 3/24/05, at 7 p.m. in the Rice Conference Room.

      Mr. Carlisle stated he wanted another Council of the Whole meeting in the near future, to discuss bargaining policy regarding union contracts, specifically the upcoming contract with the police union. He stated this would take place in executive session.

      AGENDA ITEM #7. CITIZENS' FORUM

      No citizens wished to speak.

      AGENDA ITEM #8. VOTE TO DIRECT THE TOWN MANAGER TO PREPARE A BY-LAW AMENDMENT WHICH WOULD REQUIRE ALL TOWN BOARDS TO SUBMIT ACCEPTED MINUTES TO THE TOWN CLERK AND RETURN THE DRAFT BY-LAW FOR TOWN COUNCIL ACTION. A motion was made by Councilor Lazo, seconded by Councilor McDonald, to vote this item.

      Mr. Carlisle described that in other communities it is normal for the charter or a by-law to contain a requirement for all boards to submit minutes to the Town Clerk, who is the custodian of all records, to provide easy access for the public. Mr. Carlisle stated he also wanted these minutes submitted to the Town Manager's office, so they could be readily shared with the Town Council.

      AGENDA ITEM #8. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #9. VOTE THAT A COPY OF ALL APPROVED TOWN COUNCIL MINUTES BE PROVIDED TO THE TOWN CLERK AND PUBLIC LIBRARY FOR PUBLIC REVIEW. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

      Councilor Chernisky stated he had spoken with a citizen who stated he wanted the minutes available without having to come to the Town Hall to see them. Councilor Chernisky stated this person had also asked about having these minutes available on the Town's web site.

      AGENDA ITEM #9. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #10. VOTE TO APPROPRIATE BY BORROWING THE SUM OF $328,915.00 FOR THE PURPOSE OF PURCHASING SCHOOL AND MUNICIPAL APPLICATION SERVICE PROVIDER (ASP) SERVICES FOR THE TOWN OF SOUTHBRIDGE AND TO AUTHORIZE THE TOWN TREASURER, IN ORDER TO MEET SUCH APPROPRIATION, TO BORROW THE SUM OF $328,915.00 UNDER CHAPTER 44, SECTION 7 OF THE GENERAL LAWS OR ANY OTHER ENABLING AUTHORITY, AND TO ISSUE BONDS OR NOTES THEREFORE. 2/3 vote required

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

      Town Manager Carlisle described the process by which the Town had come to this point with regards to purchasing a new computer system for its financial functions.

      Councilor Chernisky urged every Councilor to table this item until after the Council meets with the Town Manager regarding the Town's budget. Councilor Chernisky stated he felt the Town needed a new system, but he saw similarities between this purchase and purchases made in the previous year, which helped lead to a 6.5% tax increase in 2005. Councilor Chernisky stated the consultant on this project had said the Council needed to decide before April, and this would give the Council time to discuss this before making a final approval.

      Councilor Chernisky made a motion to table this item until 3/28/05, seconded by Councilor Lazo. VOTE TO TABLE AGENDA ITEM 10 UNTIL 3/28/05 -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, LAZO, MARINO, AND VANDAL. COUNCILORS OPPOSED: FERRON, LANGEVIN, MARCUCCI, MCDONALD, AND TREMBLAY. MOTION FAILS.

      Councilor Langevin stated the Town's employees needed more tools to do their job, particularly with the Town's recent financial situation. He stated eventually this computer upgrade would have to be done, and he felt it was a priority.

      Councilor McDonald stated this computer upgrade is a top priority, and delaying this implementation served no purpose.

      Councilor Vandal stated that although he voted to table this item, it didn't mean he was against this new system. He stated the current system is out of date.

      Mr. Carlisle stated the Town had just been through 12 months of hell. He stated the Town went through some $4.6 million of unexpected expense, and the current budget the Town was in had cost an enormous amount to pull together. Mr. Carlisle described how the State Legislation had granted special legislation to help the Town get through this situation. Mr. Carlisle stated he believed the lowest point the Town could get the next fiscal year's budget would be a $600,000 increase. Mr. Carlisle stated the Town was still paying off the school debt. Mr. Carlisle stated every extra week into the computer transition would improve the product. Mr. Carlisle stated this conversion would not be easy.

      AGENDA ITEM #10 (ORIGINAL AGENDA ITEM). VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: CHERNISKY, AND LAZO. MOTION PASSES.

      AGENDA ITEM #11. VOTE TO RATIFY A CONTRACT WITH KVS INFORMATION SYSTEMS, INC. FOR A TERM OF 5 YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL 5 YEARS FOR THE FOLLOWING AMOUNT, ONE-TIME COST OF $328,915.00 AND AN ANNUAL COST OF $186,522.00. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

      Councilor Marino asked about the annual cost of $186,522.00. Mr. Carlisle stated this amount would kick in after the first year, and the cost is locked in for the next four years.

      Councilor Chernisky asked about the total cost for this system. Sheldon Cohen of Systems Consulting Group, the consultant hired by the Town to get the process to this point, discussed the details of this contract. Councilor Chernisky asked for assurances that the total cost of this contract would not exceed $1,237,650.

      A motion was made by Councilor Chernisky, seconded by Councilor Langevin, to amend Agenda Item 11 by adding the following statement to the end of this item - "for a total five year cycle cost not to exceed $1,237,650." VOTE TO AMEND AGENDA ITEM #11, AS DESCRIBED -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION TO AMEND PASSES.

      AGENDA ITEM #11 (AS AMENDED). VOTE TO RATIFY A CONTRACT WITH KVS INFORMATION SYSTEMS, INC. FOR A TERM OF 5 YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL 5 YEARS FOR THE FOLLOWING AMOUNT, ONE-TIME COST OF $328,915.00 AND AN ANNUAL COST OF $186,522.00, FOR A TOTAL FIVE YEAR CYCLE COST NOT TO EXCEED $1,237,650. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: LAZO. COUNCILORS ABSTAINING: CHERNISKY. MOTION PASSES.

      AGENDA ITEM #12. VOTE TO RATIFY A CONTRACT WITH ATI TELEMANAGEMENT FOR IMPLEMENTATION SERVICES FOR THE FOLLOWING COST, NOT TO EXCEED $20,000.00. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

      Mr. Carlisle described this as support service necessary from ATI.

      Councilor Ferron stated he didn't remember this being brought up at the Council of the Whole meeting where this financial computer system was discussed. He stated he didn't want to pay someone to watch the contractors hired by the Town do their work, and he felt it was the Town's job to watch the contractors.

      Mr. Carlisle described this role as that of an overseer, and not unlike on an engineering project where an engineer would go out on behalf of the Town to verify proper work. Mr. Cohen stated this position would be similar to a Clerk of the Works. Mr. Cohen stated this computer system was a major investment for the Town, and it was the role of this position to ensure things happen on time, and in full conformance with the contract.

      Councilor Ferron stated this subject had never come up in prior discussions, and he asked why. Mr. Carlisle stated it had never occurred to him to bring it up.

      Councilor Chernisky asked Mr. Cohen in his role as the original consultant, why this was not part of his job. Mr. Cohen stated this position was beyond the original scope of his service, which concluded at tonight's meeting.

      Chairman Tremblay stated the person who sold the Town the product should be able to install it properly. Mr. Carlisle stated the work of these providers was not transparent to the Town. Mr. Carlisle described the extensive software files involved, and the work that goes into changing records over to the new system. Mr. Carlisle stated this oversight was not within the knowledge, skills, or abilities of the financial people within the Town. Mr. Carlisle stated this is a unique area of work, not municipal work but software work, and the Town's financial team could not adequately train themselves in time for this task.

      Councilor Chernisky asked if this position had gone out to bid. Councilor Chernisky asked Mr. Cohen if he had handpicked KVS to do the software work. Mr. Cohen stated the Town's staff had chosen KVS. Mr. Cohen stated his work was completely independent of KVS, and that he had never had a business relationship with any providing vendor in this area. Mr. Cohen stated his firm was scrupulously independent, which was its value to the Town, and he would give objective advice and protect the Town's interest.

      Councilor Chernisky asked about the weighting system used when determining the vendor for the Town. Mr. Cohen stated this was provided by the staff, so the bidders on this project would be fully knowledgeable on how the bids would be evaluated.

      Councilor Lazo asked what Mr. Cohen had been paid for his services. This amount was $24,950 for the Town Hall conversion, and $10,000 for the CAMA conversion for the Assessor's office.

      Councilor Marcucci asked Mr. Cohen if he was the Clerk of the Works for this project, would he be held accountable for any problems. Mr. Cohen stated this was all outlined in the proposal. He stated he would service the Town to the limit of the funds available. Mr. Cohen stated there would be monthly management meetings to make sure everything was coming along. He stated by planning well and executing well, it had been his experience that this helped resolve problems. Mr. Cohen stated the Town was on a fast track with this project, and it needed to be moved along. Councilor Marcucci asked if the funding for this would not exceed $20,000, and Mr. Cohen stated this was so. Councilor Marcucci asked what would happen if there were problems and these funds weren't sufficient to cover them. Mr. Cohen stated his experience suggested that these funds would be sufficient to see the project through to successful implementation.

      AGENDA ITEM #12. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: LAZO. MOTION PASSES.

      AGENDA ITEM #13. VOTE TO TRANSFER THE SUM OF $10,312.00 FROM TOWN COUNCIL RESERVE ACCOUNT 1-132-570-5781 TO FIRE DEPARTMENT MAINTENANCE AND IMPROVEMENT OF BUILDINGS ACCOUNT 1-220-570-5430 TO COVER THE COST OF THE EMERGENCY REPAIR AND REPLACEMENT OF THE FIRE STATION FURNACE. A motion was made by Councilor Vandal, seconded by Councilor Ferron, to vote this item.

      Councilor Ferron asked if money was put into accounts at the beginning of the year for building maintenance. Mr. Carlisle stated there is a small maintenance budget in the library, police department, and fire department budgets, and there is a consolidated budget in the DPW for town properties. Mr. Carlisle stated the budget was not big enough to take a hit on July 1st.

      Councilor Chernisky stated there were two different invoices; one to rebuild, and one to replace. Mr. Carlisle stated an attempt to rebuild had originally been made, and this was accomplished. Then after a few weeks the boiler failed again, and at this time it was determined the damage was too great for further repair, and a replacement was found.

      Councilor Lazo asked the Town Manager how much there was in the Council Reserve. Mr. Carlisle stated it was $207,988.

      AGENDA ITEM #13. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #14. VOTE TO INCREASE THE MILEAGE REIMBURSEMENT RATE FROM $.34 PER MILE TO $.40 PER MILE TO MEET THE INTERNAL REVENUE STANDARD MILEAGE RATE FOR 2005 THIS RATE TO BE EFFECTIVE APRIL 1, 2005. A motion was made by Councilor Langevin, seconded by Councilor Marcucci, to vote this item.

      Councilor Ferron stated there was no reason to do this at this time. He stated even though the Federal Government was doing it, the Town did not need to, and he hoped everyone voted no.

      Councilor Marino asked about the reserve car at the Town Hall. Mr. Carlisle stated there were many incidental trips taking place. He stated the reserve car was used regularly. Mr. Carlisle stated this vehicle was not suitable for long trips, and should be replaced. Mr. Carlisle stated the rate by the Federal Government was $.42 or $.44, and as before, he was staying about 4 cents back from the IRS rate of what is allowed in business. Councilor Marino stated he had no problem paying for mileage, and perhaps the Town should get rid of its defective vehicle.

      Councilor Lazo asked who authorized payment and use of private vehicles for Town business. Mr. Carlisle stated the department heads did this.

      Chairman Tremblay asked what the total cost of reimbursement was for the entire year. Mr. Carlisle stated this figure was embedded in each department's budget, but he estimated it was less than $1,000 a year.

      AGENDA ITEM #14. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, LANGEVIN, MARCUCCI, MARINO, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: FERRON, LAZO, VANDAL. MOTION PASSES.

      Chairman Tremblay called for a recess at 8:20 p.m. The meeting resumed at 8:30 p.m.

      AGENDA ITEM #15. VOTE TO AMEND ARTICLE II, SECTION 203 - ZONING MAP OF THE TOWN OF SOUTHBRIDGE ZONING BY-LAW AND ZONING MAP PER THE ATTACHED AS FOLLOWS:

      1. 1. Re-zone an area on Pleasant Street, Hillcrest Avenue and Corriveau Avenue comprised of lots 5-28 on Assessors' Map 20, currently zoned "General Business", to "Single Family Residential";
      2. 2. Re-zone an area on Pleasant Street and Robert Street comprised of lots 31-39 on Assessors' Map 32, currently zoned "General Business", to "Two Family Residential";
      3. 3. Re-zone an area on Walcott and Plimpton Streets comprised of lots 3, 3A, 4, 47-50 on Assessors' Map 32, currently zoned "Retail Business", to "Two Family Residential";
      4. 4. Re-zone an area on Clemence Hill Road and Cliff Street comprised of lots 119-125A on Assessors' Map 31, currently zoned "Retail Business", to "Single Family Residential";
      5. 5. Re-zone an area on River and Mill Streets comprised of lots 129-143 on Assessors' Map 31, currently zoned "Retail Business", to "Two Family Residential";
      6. 6. Re-zone an area on Main Street comprised of lots 4-7 and 9-11 on Assessors' Map 33, currently zoned "Multi Family Residential", to "Heavy Industry";
      7. 7. Re-zone an area on Old North Woodstock Road comprised of lots 2-5 and 30-49 on Assessors' Map 45 and lots 2A to 22 on Assessors' Map 56, currently zoned "Two Family Residential" to "Single Family Residential". (third reading)

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

      A discussion was held between the Town Council and Larry Spinelli of the Planning Board on these items. Chairman Tremblay stated each of these items would be voted separately.

      AGENDA ITEM 15-1. Re-zone an area on Pleasant Street, Hillcrest Avenue and Corriveau Avenue comprised of lots 5-28 on Assessors' Map 20, currently zoned "General Business", to "Single Family Residential. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: MARINO. VOTE PASSES.

      AGENDA ITEM 15-2. Re-zone an area on Pleasant Street and Robert Street comprised of lots 31-39 on Assessors' Map 32, currently zoned "General Business", to "Two Family Residential." VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. VOTE PASSES.

      AGENDA ITEM 15-3. Re-zone an area on Walcott and Plimpton Streets comprised of lots 3, 3A, 4, 47-50 on Assessors' Map 32, currently zoned "Retail Business", to "Two Family Residential." VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: MARINO. VOTE PASSES.

      AGENDA ITEM 15-4. Re-zone an area on Clemence Hill Road and Cliff Street comprised of lots 119-125A on Assessors' Map 31, currently zoned "Retail Business", to "Single Family Residential." VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. VOTE PASSES.

      AGENDA ITEM 15-5. Re-zone an area on River and Mill Streets comprised of lots 129-143 on Assessors' Map 31, currently zoned "Retail Business", to "Two Family Residential." VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: CHERNISKY, MARINO. VOTE PASSES.

      AGENDA ITEM 15-6. Re-zone an area on Main Street comprised of lots 4-7 and 9-11 on Assessors' Map 33, currently zoned "Multi Family Residential", to "Heavy Industry." VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. VOTE PASSES.

      AGENDA ITEM 15-7. Re-zone an area on Old North Woodstock Road comprised of lots 2-5 and 30-49 on Assessors' Map 45 and lots 2A to 22 on Assessors' Map 56, currently zoned "Two Family Residential" to "Single Family Residential." VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, TREMBLAY, AND VANDAL. VOTE PASSES.

      AGENDA ITEM #16. VOTE TO RATIFY THE PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH THE SOUTHBRIDGE PERMANENT FIREFIGHTERS ASSOCIATION LOCAL 2194 AND TO TRANSFER THE SUM OF $50,000.00 FROM TOWN COUNCIL RESERVE ACCOUNT 1-132-570-5781 TO THE FY 2005 FIRE DEPARTMENT SALARIES & WAGES ACCOUNT 1-220-510-5110. A motion was made by Councilor McDonald, seconded by Councilor Ferron, to vote this item.

      Councilor Ferron urged all Councilors to vote in favor of this. He stated the contracts had been put off for a long time, and now that the tax rate was out of the way it was time to support these contracts.

      Councilor Lazo stated he had filed a disclosure statement with the Town Clerk's office, and he would be voting on this item.

      Councilor Marino stated it was hard to vote for this item, with the financial situation the Town was in. He stated these raises should be put off for a year.

      Councilor Vandal stated he would not raise taxes to give raises. He stated everyone was making a fair wage now.

      Councilor Lazo asked the Town Manager if this didn't pass, would taxes still have to be raised. Mr. Carlisle stated moneys for these raises were already sitting in the Council Reserve.

      Councilor Chernisky stated of the three contracts on tonight's agenda, this was the only one limited to a 3% increase. He stated there were a couple of language issues with this contract, but not enough to not support it, and as such he would be supporting it.

      AGENDA ITEM #16. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LAZO, MARCUCCI, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: MARINO, VANDAL. COUNCILORS ABSTAINING: LANGEVIN. MOTION PASSES.

      AGENDA ITEM #17. VOTE TO RATIFY THE PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH LOCAL 888, S.E.I.U. AFL-CIO TOWN HALL-LIBRARY UNIT AND TO TRANSFER THE SUM OF $64,000.00 FROM TOWN COUNCIL RESERVE ACCOUNT 1-132-570-5781 TO THE FY 2005 SALARY ADJUSTMENT ACCOUNT 1-910-713-5152. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

      Councilor Chernisky stated he had no trouble with the 3% increases in the contract. He stated in this contract there were significant language issues. He stated this contract allowed for double dipping in the sick leave incentive program, and in the sick leave donation program it allowed for triple dipping. He stated he had brought up his concerns with the language in the past and nothing had been done, and hence he could not support this contract.

      Councilor Langevin stated there were problems with the language in all the contracts. He stated he felt these were generous contracts. He stated he wanted to be informed at the beginning, the middle, and the end of the process for upcoming contracts. Councilor Langevin stated he wanted to see a staggered contract in the future, such as 1%, 2%, and 3% with each passing year.

      Councilor Vandal stated Southbridge had to watch its wallet. He stated we should start with zero right now, and the Town had to start somewhere.

      Police Chief Charette spoke on behalf of the clerk's contract, stating he had two employees affected by this contract. He stated in the past the clerk's had lived through zero years. He stated this was a reasonable raise, and within the budget, and he asked the Town Council to give it favorable consideration.

      AGENDA ITEM #17. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: CHERNISKY, MARINO, AND VANDAL. MOTION PASSES.

      AGENDA ITEM #18. VOTE TO RATIFY THE PROPOSED COLLECTIVE BARGAINING AGREEMENT WITH LOCAL 888, S.E.I.U. AFL-CIO DPW UNIT AND TO TRANSFER THE SUM OF $35,000.00 FROM TOWN COUNCIL RESERVE ACCOUNT 1-132-570-5781 TO THE FY 2005 DPW OPERATIONS SALARIES & WAGES ACCOUNT 1-499-510-5110. A motion was made by Councilor Lazo, seconded by Councilor Ferron, to vote this item.

      Councilor Ferron thanked the DPW for the great job this winter with snow removal.

      Councilor Lazo stated as Chairman of the DPW Subcommittee, he would support this contract. He stated he believed the DPW contained the most physical jobs in the Town, and had grueling hours during snowstorms.

      Councilor McDonald commended the DPW, and stated he was honored this evening to support this contract. He stated the DPW took a big hit back in the 1990s with the advent of Proposition 2.5, and they constantly took on more work, and did it well.

      Councilor Chernisky stated he had no trouble granting the 3% increase, but the change in longevity pay greatly exceeded 3%. He stated he would have to vote against this because of the language of the contract.

      Councilor Marcucci stated she was abstaining from this vote because a family member worked for the DPW.

      Councilor Langevin stated with the harsh winter, and lack of sleep by the DPW employees, the streets were kept clear. He stated he would support this contract.

      AGENDA ITEM #18. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: FERRON, LANGEVIN, LAZO, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: CHERNISKY, MARINO, AND VANDAL. COUNCILORS ABSTAINING: MARCUCCI. MOTION PASSES.

      AGENDA ITEM #19. VOTE TO AMEND SCHEDULE I OF THE TOWN OF SOUTHBRIDGE CLASSIFICATION AND COMPENSATION PLAN FOR POSITIONS NOT COVERED BY COLLECTIVE BARGAINING AGREEMENTS. A motion was made by Councilor Langevin, seconded by Councilor Lazo, to vote this item.

      Mr. Carlisle described the three positions that were neither covered by the recent nonunion pay increases and tonight's union increases. Discussion was held.

      AGENDA ITEM #19. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, FERRON, LANGEVIN, LAZO, MARCUCCI, MCDONALD, TREMBLAY, AND VANDAL. COUNCILORS OPPOSED: MARINO. MOTION PASSES.

      AGENDA ITEM #20. VOTE TO AMEND SCHEDULE 5 OF THE TOWN OF SOUTHBRIDGE CLASSIFICATION AND COMPENSATION PLAN FOR ELECTED AND APPOINTED PERSONNEL. A motion was made by Councilor McDonald, seconded by Councilor Langevin, to vote this item.

      Discussion was held. Councilor Ferron stated about 18 months ago these had been adjusted in good faith, and he did not want to set a precedent that every time the unions got a raise these stipend positions would also get a raise. Mr. Carlisle described how this item would affect 16 people out of a possible 45.

      Councilor Vandal stated the last time these positions got a raise was about 18 months ago, and the last time prior to that was probably 5 or 10 years ago. He stated this would start a precedent, and these people would expect to get a raise every year. He stated the Council needed to start saying no, and now was a good time to start. Councilor Vandal stated the Town needed a street sweeper more than it needed pay raises.

      Councilor Chernisky stated he disagreed with the previous speaker. He stated the Council had just approved $150,000 worth of raises, and a $1.2 million computer system. He stated it was inconsistent to vote down $1,500 when the Council had just approved $150,000 in union raises. He stated the Council had just almost unanimously voted a near doubling of the Council Recording Clerk position, and now the Council was going to tell the other stipend positions they couldn't get a raise of $40 per year. He stated in the case of this item it was, unlike the union raises, just an issue of a 3% increase, without longevity bonuses, or triple dipping, or other problems with contract language.

      Councilor Lazo asked the Town Manager about the Assistant Wiring Inspector position. Mr. Carlisle stated he was the back up if the main Wiring Inspector was unavailable. He stated the Town would always want one, to avoid calling another Town to get one.

      AGENDA ITEM #20. VOTE -- BY ROLL CALL -- COUNCILORS IN FAVOR: CHERNISKY, LANGEVIN, LAZO, MARCUCCI, MARINO, MCDONALD, AND TREMBLAY. COUNCILORS OPPOSED: FERRON, VANDAL. MOTION PASSES.

      AGENDA ITEM #21. COUNCILORS' FORUM.

      Councilor Marino asked the Town Manager about the letter in tonight's package from Town Attorney's Kopelman and Paige regarding use of Town buildings for religious events. Mr. Carlisle stated this was a mass mailing by Kopelman and Paige to all its clients, and one of the reasons they did this was so they wouldn't have to answer this question 200 times.

      Councilor Marino stated he hoped there would be money set aside to get the tower at the fire station safe and secure. He stated he wanted the whole thing looked at.

      Councilor Lazo asked about the letter from Senator Moore regarding the tax abatement for seniors. Mr. Carlisle stated the letter came in while he was on vacation, and he would look it over.

      Principal Assessor Wil Cournoyer stated there were a number of locally adopted and State exemptions for qualified individuals, and his office encouraged people to apply for them. He stated anyone with questions could call the Assessor's office. Discussion was held on this. Mr. Carlisle stated in summary the law hadn't changed, and those who had qualified in the past were tracked down for future abatements.

      Councilor Lazo stated the reminder signs telling people it was legal to turn right on red had been installed, and he thanked the DPW and the Town Manager for making this happen. He also thanked Attorney General Galvin's office for sending the election calendar book to every Councilor.

      Councilor Vandal asked if there was an abatement available for people who used a septic system and were not tied into the Town's sewer lines. Mr. Cournoyer stated no one locally had ever applied for this, and he would look into it.

      Councilor Chernisky asked if the library could be included in the Town's internet provider services. Mr. Carlisle said he would look into that.

      Councilor Chernisky asked why the rubbish removal issue which was discussed at the prior General Government Subcommittee meeting was not on the agenda for tonight's meeting. Mr. Carlisle stated it needed to be drafted, and when it was it would be put forward.

      Councilor Chernisky read a disclosure statement regarding his position at Expert Laser Services.

      Councilor Ferron spoke about the Camp, Dresser, and McKee reports on the landfill. He stated he was concerned about what was going on up there, and had heard about problems with Casella in Pennsylvania. He stated he hadn't seen a sweeper going down Pleasant Street. He stated it was time to have a monitor in place for the landfill.

      Councilor Ferron stated he was very displeased with the vote on Agenda Item #20, and that it would set a precedent that every time a union contract was approved it would mean a raise for this stipend positions.

      Councilor McDonald thanked everyone for such a pleasant evening.

      AGENDA ITEM #22. DISCUSSION OF NEXT MEETING DATE. Councilor Chernisky recommended 3/28/05 as the date of the next Town Council meeting. This was made a motion by Councilor Langevin, seconded by Councilor Lazo. Vote by show of hands, all in favor.

      A motion was made to adjourn by Councilor Chernisky, seconded by Councilor Ferron. Vote by show of hands, all in favor. The meeting adjourned at 9:48 p.m.

      Respectfully submitted,

      Max Gullekson
      Council Recording Clerk



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