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06/05/2006
HOLDEN BOARD OF SELECTMEN
Meeting Minutes
June 5, 2006
6:30 PM         Memorial Hall


Present: Chairman David J. White, James M. Jumonville, Kenneth O'Brien, Kimberly N. Ferguson, Joseph G. Sullivan

Others Present: Brian J. Bullock, Town Manager, Jacquie Kelly, Assistant Town Manager, Robert Martin, Town Counsel
Elizabeth Helder, Recording Secretary

Chairman White opened the meeting at 6:32PM.

Town Manager's Contract

The Board announced that the negotiation process to finalize the Town Managers contract had been successfully completed. The 3-year contract takes effect July 1, 2006. The Board congratulated the Manager on his 20+ years with the town.

Retirement of Fire Chief Stark

The Manager informed the Board that after 34 years of service with the town, Fire Chief Stark has announced his retirement. Chief Stark will participate in a life-long goal to serve as a Fire Ranger at Yellowstone National Park. Former Fire Chief Ed Oberg has been appointed as interim Fire Chief while the recruitment process for a new Chief is conducted.

American Legion Post #42

Mr. Brooks Webster and Mr. Charlie Brewer, representing the John E. Harkins American Legion Post 42, addressed the Board. They informed the Board that due to correspondence generated by Sel. Jumonville, the Post received a letter and an American Flag from Senator John McCain. These items were presented to the Post at a ceremony on Memorial Day. They presented a plaque and its certificate of authenticity to the Town in appreciation.

Selectmen Licenses, Fees and Appointments

Motion by Sel. Sullivan, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO WAIVE THE ENTERTAINMENT LICENSE FEE AND APPROVE A PUBLIC ENTERTAINMENT LICENSE FOR THE SUMMER CONCERT SERIES AT THE HOLDEN BANDSTAND.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE FOR THE HOLDEN RECREATION DEPART-MENT FOR THE SALE OF SNACKS AT THE POOL FROM JUNE 20  AUGUST 26, 2006.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO RE-APPOINT RONALD O. OSLEBO TO THE ZONING BOARD OF APPEALS FOR A 3-YEAR TERM EXPIRING MAY, 31, 2009.

Motion by Sel. Sullivan, seconded by Sel. OBrien, it was UNANIMOUSLY VOTED TO RE-APPOINT RONALD SPAKAUSKAS TO THE ZONING BOARD OF APPEALS FOR A 3-YEAR TERM EXPIRING MAY 31, 2009.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO RE-APPOINT JAMES DEIGNAN AS A 2ND ALTERNATE TO THE ZONING BOARD OF APPEALS FOR A 3-YEAR TERM EXPIRING MAY 31, 2009.

Sel. Sullivan made a motion for the purposes of discussion that was seconded by Sel. O'Brien to appoint David Dickman to the WRSD Audit Advisory Board.

The Board discussed whether to interview the two candidates who applied to serve on the WRSD Advisory Board. The Board agreed to interview Mr. David Dickman and Mr. Edwin Meyer at the June 19th meeting.

Sel. Sullivan agreed to withdraw his motion.

Pole Relocation Request

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO GRANT PERMISSION FOR NATIONAL GRID TO RELOCATE 1 SO POLE ON MAIN STREET BEGIN- NING AT A POINT APPROXIMATELY 363 FEET NORTHWEST OF THE CENTERLINE OF THE INTERSECTION OF MOUNT PLEASANT STREET AND CONTINUING APPROXIMATELY 35 FEET IN A SOUTHEASTERLY DIRECTION.

Special Election Warrant - June 20, 2006

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET THE SPECIAL ELECTION WARRANT FOR JUNE 20, 2006.

Citizens' Address

Mr. Al Ferron, 55 Appletree Lane, spoke about the Are They OK Program. This program performs well being checks on housebound senior citizens. Mr. Ferron announced that the police recently made a well being check at his home. Mr. Ferron praised the actions of the rescue professionals and stated his support for the new Public Safety Facility. Additionally, Mr. Ferron asked residents to contact Senator Chandler and Rep. Evangelidis and request their help in receiving property tax re-lief for senior citizens from the State.

Mr. Jim Hurley, Greenwood Parkway, said that he was a Police Chief in a local town and has lived in Holden for 21-years. He spoke to the safety record of the town police and fire professionals that work in outdated buildings. He urged residents to support the Public Safety Facility.

Mr. William Green, Holden Street, asked the three Selectmen who did not vote in favor of supporting the Public Safety Building to reconsider their vote and support the construction of the building.

Citizens' Address was interrupted at 7:15 PM to proceed with Agenda #8.

Presentation of Check - Representative Lew Evangelidis and Senator Harriette Chandler

Rep. Evangelidis and Senator Chandler presented a check for $800K as a reimbursement for the Town Pool. Mr. Robert Beck, Chairman of the Pool Building Committee and committee member Mr. Mark Helder expressed their gratitude to Rep. Evangelidis and Senator Chandler for their help in procuring the money for the town. The Chairman thanked Senator Chandler for her support and approval of an amendment to the DEP Water Policy Conservation Usage bill.

Citizens' Address (reopened 7:30PM)

Ms. Maureen Floryan, Sterling Road, spoke in support of the Public Safety Building. The constituents have spoken loud and clear. Ms. Floryan urged the entire Board to support the project.

Mr. Glen Gaudette, Jennifer Drive, asked residents to support the Public Safety Building.

Change in d/b/a - Restaurant Alcoholic Beverage License

The Manager read the notice of Public Hearing into record at 7:36PM.

Motion by Sel. Sullivan, seconded by Sel. OBrien, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING AT 7:37PM.

Mr. Swenson, the Chef and Mr. Holloway, the Bar Manager of Ye Olde Chowder House, addressed the Board. They informed the Board that they were asking for the name change to Shamrocks Pub & Eatery due to a change in menu. They stated that ownership and management would remain the same. The Manager stated that there was no record of incidents involving the establishment.

No one from the public came forward to address the Board.

Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 7:39PM.

Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO APPROVE THE LICENSE TRANSACTION OF P.J.S RESTAURANT GROUP, INC. D/B/A YE OLDE CHOWDER HOUSE AND TAVERN TO D/B/A SHAMROCKS PUB & EATERY, PATRICK J. MCQUAID, MANAGER OF RECORD.

Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE FOR P.J.S RESTAURANT GROUP INC., d/b/a SHAMROCKS PUB AND EATERY (FORMERLY YE OLDE CHOWDER HOUSE) TO EXPIRE DECEMBER 31, 2006 SUBJECT TO APPROVAL OF THE FIRE DEPARTMENT FOR A PREVIOUS EXISTING CONDITION.

Public Safety Committee Presentation

Committee Chair Fred Misilo thanked the residents who voted to support the Public Safety Facility proposal at Town Meeting. Johnny Suire of Holden Cable TV has produced The Right Building at the Right Time, a program to highlight the current inadequate and unsafe Police and Fire facilities and the proposed 38,000 square foot combined facility to house these departments. Mr. Misilo provided highlights of the building project.

The Manager said he would confirm that medications that are being used in the ambulance are stored in an appropriate, climate controlled environment.

The Board discussed taking a reconsideration vote regarding its endorsement of the Public Safety Facility proposal. Sel. Ferguson felt that she needed to support those constituents who feel that the building is too large and too costly. No one from the majority vote made a motion to reconsider the vote.

Manager's Miscellaneous

The Manager informed the Board that Charter Communications has requested that the town commence franchise/license renewal proceedings. The current franchise agreement expires on March 5, 2009.

The Board reviewed a proposed Selectmen meeting schedule from July 2006 through June 2007. Summer meetings have been scheduled for July 17th at the Senior Center and the August 14th at the Light Department.

Motion by Sel. Sullivan, seconded by Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING SCHEDULE AS PRESENTED.

The Board reviewed year-to-date revenue and expenditure reports for the period ending April 2006.

The Board reviewed a brochure of Library summer programs. Summer Library hours begin June 10th. From June 10th through August 19th, the Library will be open on Saturdays from 9AM  1PM. Hours are Monday, Wednesday, Friday from 9:30AM - 5:30PM and Tuesday and Thursday from 9:30AM  8PM.

The Board reviewed a list of town-owned properties acquired via tax title foreclosure that the town is preparing to dispose of through an auction process in the fall. The Manager said that he would forward the list to the Comprehensive Plan Committee for their review and input.

The Board reviewed a memo from Larry Galkowski, DPW Director regarding the island at the end of John Alden Road.

The Manager informed the Board that the streetlight installations have recently been completed in the General Hobbs area.

The Board reviewed a report from the April 28, 2006 Board of Health meeting relative to Apple Jax.

The Board reviewed a response from Michael Pagano, Lamoureaux-Pagano Associates regarding the shelf life of a DPW Facility Study in a scenario that a design was completed and construction delayed.

The Manager announced that on behalf of the Holden Council on Aging, Louise Charbonneau, Senior Center Coordinator, applied for and received a Service Incentive Grant from the Department of Elder Affairs. The $1,200 grant will be used to upgrade some of the Senior Centers computer equipment.

The Manager informed the Board that the Senior Center is holding a Name the Newsletter contest. The public is encouraged to suggest a name for the Senior Center Newsletter. Entries should be submitted by June 12th.

The Manager announced that an Employee Appreciation Cook-Out will be held on Thursday, June 22 from 12 PM-2 PM. The Manager requested that the Board vote to close town offices during that time to allow all employees to attend.

Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO CLOSE TOWN OFFICES FROM 12PM  2PM ON THURSDAY, JUNE 22nd TO ALLOW EMPLOYEES TO ATTEND AN EMPLOYEE APPRECIATION COOK-OUT.

The Manager announced that the RFP process for the disposition of Rice School has begun again. It was determined that while the town mailed copies of the RFP to all previously interested parties and filed the requisite notice in the Central Register, the RFP was not advertised in a newspaper of local coverage as required by statute. Therefore, the town has established a new calendar and the appropriate advertising, noticing, and individual contacts to all known interested parties has been accomplished. The new date is June 30, 2006. The Manager will bring a recommendation to the Board.

The Manager reported that the town has entered into a 20-year extension of a trash disposal con-tract with the Wheelabrator facility in Millbury. A coalition of communities who use the facility negotiated over an 18-month time frame to achieve the best terms possible. The new contract calls for an increase in the towns disposal rate on January 1, 2008 to $63.00 per ton. The current rate for the town is $44.23 per ton. The Manager added that the key to dealing with the increase would come in the towns ability to decrease its disposal tonnage through increased recycling. The Recycling Committee has been reactivated and is currently meeting. A fall campaign is planned. The Manager added that the town would soon begin the re-negotiation process of the trash/ recycling contract with Central Mass Disposal.

The Manager informed the Board that town office summer hours become effective June 26th through September 1st. Department office hours will be 8AM-4PM. DPW, Engineering, Water and HMLD hours will be 7:30AM-4PM.

The Manager announced that the Holden Pool has opened on weekends starting in June from 12PM-5PM. The pool will open officially for the summer on June 20th.

Reports of Selectmen Subcommittees/Committee Assignments

Sel. Ferguson: Comprehensive Plan Steering Committee: Have met with consultants and will next meet on June 6th. Will have a table at Holden Days.
Affordable Housing Committee:

Sel. Jumonville: Open Space/Recreation:
Phased Growth Bylaw:
Trash/Recycle:

Sel. OBrien: EDC: Have not met.
WRSD Collective Bargaining: Have not met.

Sel. White: WRHS Building Committee: Have not met.

Sel. Sullivan: Public Safety Building:
Holden Hospital/UMASS: Continues to participate in ongoing negotiations.
Education/Inequity:

Selectmen Miscellaneous

Sel. Ferguson: 1. Bailey Road work is progressing well.
2. A City of Worcester workshop on special populations will be attended by staff members.

Sel. Jumonville: 1. Attended the Memorial Day Ceremony with Sel. Ferguson and Sel. Sullivan. He inquired if there was any interest among the citizens in staffing a Memorial Day Parade Commit-tee. Interested residents should apply at the Town Managers office within the next 30 days.

Sel. OBrien: 1. Who has final authority over the wording of Town Meeting Warrant Articles? Town Counsel responded that ultimately, the Board has the final say since they approve and set the warrant. Historically, staff has made the wording recommendations.
2. It was discussed that Sel. White resigned from the Public Safety Committee after he was made Chairman of the Board.
3. Water runoff situation at 38 Putnam Road is being evaluated by the DPW.
4. It was discussed that there has never been an Entering Holden sign on Doyle Road. Mass Highway does not put signage on non-numbered routes. The Manager commented that a finance plan for a sign would be made during the next budget process.

Sel. White: 1. Unregistered cars on High Street are being addressed.

Sel. Sullivan: 1. The time frame on seeking replacement of dead trees along Main Street from the State has passed. The Manager said that he would like to see the trees replaced.
2. Flooding at the corner of Highland and Main Street continues and the Manager is seeking resolution.
3. Residents need to remove their Yard Sale signs.
4. Reservoir Street auto sales continue. The Manager said that he would enforce the bylaw.
5. Committee to investigate the downsizing of the School Committee is looking for comment. Members should pass on their individual comments to the Committee.

Acceptance of Minutes

Motion by Sel. Sullivan, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE AND RELEASE THE EXECUTIVE SESSION MEETING MINUTES OF JULY 11, SEPTEMBER 6, SEPTEMBER 18, OCTOBER 17, NOVEMBER 10, AND DECEMBER 5 2005.

Sel. Ferguson commented that Executive Session Meeting Minutes from November 21, 2005 were not included in the packet for approval. Those minutes will be included in the June 19, 2006 packet.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-1 WITH 1 ABSTENTION TO APPROVE AND RELEASE THE EXECUTIVE SESSION MEETING MINUTES OF FEBRUARY 21 AND MARCH 15, 2006. (Abstained: Sel. OBrien.)

Motion by Sel. Sullivan, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE AND RELEASE THE MINUTES OF THE SPECIAL MEETING WITH THE FINANCE COMMITTEE OF APRIL 26, 2005.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE MAY 1, 2006 MEETING MINUTES.

Motion by Sel. Sullivan, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE AND RELEASE THE EXECUTIVE SESSION MEETING MINUTES FOR MAY 1, 2006

Motion by Sel. Sullivan, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE THE MAY 9, 2006 MEETING MINUTES.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE SPECIAL MEETING MINUTES OF MAY 15, 2006 WITH AN AMENDMENT BY SEL. SULLIVAN TO CHANGE THE VOTE ON AGENDA ITEM 5 TO READ: 1. Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was voted 5-0 to 1. Recognize the critical need for a new public safety facility; 2. Acknowledge four years of good work by the Public Safety Building Committee; and 3. Respect that each person should vote based on their own ability to pay.

Motion by Sel. Jumonville, seconded by Sel. Ferguson, it was voted 3-2 with 2 opposed to not support Warrant Article 6 for the proposed Public Safety Building. (Opposed: Sel. Sullivan, OBrien.)

Adjournment

Motion by Sel. Sullivan, seconded by Sel. OBrien, it was UNANIMOUSLY VOTED TO ADJOURN THE JUNE 5, 2006 MEETING AT 9:17 PM.

Approved: June 19, 2006