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03/06/2006
Holden Board of Selectmen
Meeting Minutes
March 6, 2006

6:30 PM                                 Memorial Hall


Present: Selectmen James M. Jumonville, David J. White, Kimberly N. Ferguson, Kenneth OBrien

Absent: Joseph G. Sullivan

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

Vice-Chairman Jumonville opened the meeting at 6:30 PM.

Selectmen Appointments

The Manager excused himself from the discussion due to a conflict of interest. Assistant Town Manager Jacquie Kelly read the appointment into record.

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO REAP-POINT KERRI A. KNORRING TO THE BOARD OF REGISTRARS OF VOTERS FOR A THREE YEAR TERM EXPIRING MARCH 31, 2009.

The Manager returned to the meeting.

Sewer Betterment Assessment Abatements

The Manager read the application of Jennifer L. Toppin into record. Mr. and Mrs. Toppin addressed the Board and explained that they would like their sewer betterment reduced from 2 lots to 1 lot because their house sits exactly in the middle of the lot. In order to build more than one house on the lot, they would have to tear the existing house down. The Manager suggested that the Toppins sign a covenant stating that they will never build more than one house on the lot. Mr. Toppin said that he was unwilling to permanently sign over the possibility to subdivide. The Manager said that the only other option would be to pay the 2 betterments. Mr. Larry Galkowski, DPW Director, joined the discussion. He said that to the best of his knowledge, there was not another instance in town like this that would set a precedent. There are other properties in town with multiple betterments because the properties have the possibility of future development.

Sel. OBrien made a motion to reduce the sewer betterment from two to one. The motion died for lack of a second.

Sel. White commented that the Board had already reduced the Toppins sewer betterment abatement from three to two.

Motion by Sel. White, seconded by Sel. Ferguson, it was VOTED 3-1 WITH ONE OPPOSED TO KEEP THE SEWER BETTERMENT ABATEMENT AT 465 SALISBURY STREET, MAP 209, PARCEL 26 AT TWO AND ASSESS THE PROPERTY AS A TWO LOT BETTERMENT. (Opposed: Sel. OBrien.)

Sel. Ferguson excused herself from the discussion of Mr. Rick Sampsons and Mr. Ronald Parkers abatements at 6:40PM due to possible conflicts of interest.

Mr. Sampson asked that his property on Putnam Lane receive a sewer abatement.

Motion by Sel. White, seconded by Sel. OBrien, it was VOTED 3-0 TO GRANT ABATEMENT OF THE SEWER BETTERMENT ON 20 PUTNAM LANE, MAP 209, PARCEL 7.

Mr. Ronald Parker asked that his property on Putnam Lane receive a sewer abatement.

Motion by Sel. White, seconded by Sel. OBrien, it was VOTED 3-0 TO GRANT ABATEMENT OF THE SEWER BETTERMENT ON 20 PUTNAM LANE, MAP 209, PARCEL 18.

Sel. Ferguson returned to the meeting at 6:50PM.

The Board discussed the sewer abatement application of Mrs. Jean Koenig. Mrs. Koenig has informed the Board that she has no intention of placing a covenant on the property.

Sel. Ferguson said that she would like to be consistent with the previous vote with the Toppin property. Sel. White commented that the frontage is less on Mrs. Koenigs property than on the Toppin property and felt that the sewer abatement should be allowed.

Motion by Sel. White, seconded by Sel. OBrien, it was VOTED 3-1 WITH 1 OPPOSED TO REDUCE A SEWER BETTERMENT ABATEMENT FROM TWO TO ONE TO JEAN H. KOENIG, 216 MALDEN STREET MAP 162, PARCEL 31 AS PRESENTED. (Opposed: Sel. Ferguson.)

Citizens Address

No one came forward to address the Board during Citizens Address.

Chapter 61 & 61A Release  Chapin Road

The Town Manager provided the Board with an update on the plans for a limited development of the Howatt property. The Manager said that the Board should consider releasing the property from Ch. 61 & 61A, decline the towns option to purchase the property, and endorse the development of the property by LAM Builders.

Mr. Howatt said that he was in support of LAM Builders limited development proposal. The Manager introduced Mr. Ted Beckner and Mr. Mark Bresnahan, principals of LAM Builders. They informed the Board that they propose to develop 15 lots on the property. Approximately 100+ acres of the property will end up in a permanent conservation trust. Mr. Beckner and Mr. Bresnahan said that they would keep the acreage limited in development in order to protect the land.

The Manager advised that a sewer easement to the Howatt property exists in a piece of common land in the Fox Hill subdivision. The town will need to take this piece of land as eminent domain in order to take the most direct, least invasive route to the sewer line.

Sel. OBrien supported the eminent domain land taking in order to help preserve the Howatt family property on Chapin Road.

Sel. White said he approved of the release of the Howatt property from Ch. 61A status, but has a philosophical problem with the eminent domain taking in Fox Hill. He suggested notifying the residents of the towns intent, and then, schedule a public hearing to see if the residents will agree to the necessary change in the location of the easement without a land taking.

The Manager commented that there are 156 owners of the common land area in Fox Hill. It would be difficult to get all 156 residents to respond. He said that the response issue would not be a negative reaction to the land taking, but just apathy from the residents. The Board was in agreement that if contacting the residents through correspondence and a public hearing fails, the Board would support the town taking the necessary property through eminent domain.

Motion by Sel. White, seconded by Sel. OBrien, it was UNANIMOUSLY VOTED TO NOTIFY THE RESIDENTS/ABUTTERS OF FOX HILL THAT A PUBLIC HEARING WILL BE HELD AT A FUTURE DATE INFORMING THEM THAT THE TOWN INTENDS TO TAKE A COMMON LAND AREA BY EMINENT DOMAIN AT THE MAY TOWN MEETING AND THAT RESIDENTS SHOULD ADDRESS ANY CONCERNS WITH THIS LAND TAKING AT THE PUBLIC HEARING.

Motion by Sel. White, seconded by Sel. OBrien, it was UNANIMOUSLY VOTED TO NOTIFY THE HOWATT FAMILY THAT THE TOWN WILL NOT EXERCISE ITS OPTION TO PURCHASE THE CH. 61 & 61A PROPERTY ON CHAPIN ROAD.

Sewer Transportation Rate

Mr. Larry Galkowski, DPW Director provided a review of the history of the sewer transportation rate for the town.

Mr. Galkowski advised that he has compared the current rate and benefits the town receives to those from surrounding communities and determined that the town pays a reasonable rate for the transportation of sewage through the City of Worcester. He said that Weston and Sampson are in the process of beginning the second stage of an inflow and infiltration study in some of the older sections in town. He advised that the first stage of I&I work returned 187,000/gpd of capacity to the town.

Sel. Ferguson commented that the town has never signed the Master Sewer Agreement, but is being charged the current rate. She said that she would like to have Counsel review the MSA one last time before the Board decides to sign it. Sel. Ferguson raised a concern about charges for the services of street sweeping and leaf pickup.

Town Managers Miscellaneous

The Board reviewed a draft of the Request for Proposals (RFP) for disposition of Rice School. This draft RFP will be forwarded to the Center Neighborhood Committee, Historical Commission and the Historic District Commission. Sel. White requested that the draft copy be forwarded to the ZBA and Planning Board. It was agreed that the Board of Selectmen would conduct the review of the proposals.

The Manager asked that any nominations for a recommendation for the Town Report dedication be submitted to his office as soon as possible.

The Manager advised that a public hearing has been scheduled for April 3, 2006 at 7:30 pm in order for the Board to review an application for a special permit to operate a non-commercial Kennel from Jill Erickson of Miles Avenue, Jefferson.

Motion by Sel. Ferguson, seconded by Sel. White, it was UNANIMOUSLY VOTED TO HOLD A PUBLIC HEARING ON APRIL 3, 2006 AT 7:30PM TO REVIEW AN APPLICATION FOR A SPECIAL PERMIT TO OPERATE A NON-COMMERCIAL KENNEL.

Sel. Ferguson excused herself from discussion of item d. at 8:05PM due to a conflict of interest.

The Manager asked the Board to review documentation to request their guidance on the assess-ment of sewer connection fees. Sel. OBrien made a motion to assess the owners of Map 209, Parcel 7, Map 209, Parcel 14, and Map 209, Parcel 18 the entrance fees, but later withdrew the motion. Sel. White asked the administration to forward the current policy regarding the assess-ments of sewer connection fees to the Board for review prior to taking a formal motion on these properties. Sel. Ferguson returned to the meeting at 8:20PM.

The Board reviewed the Selectmen follow-up items for the month of February 2006.

The Manager informed the Board that his office was in the process of placing an advertisement publicizing the Lloyd Starbard Scholarship. Sel. Jumonville and OBrien will serve on the committee.

Reports of Selectmen Subcommittees

Sel. Ferguson: Affordable Housing:
Comprehensive Plan Steering Committee: Committee will meet for the first time on March 7th at 7PM in Memorial Hall.

Sel. Jumonville: Open Space/Recreation: Nothing to report.
Phased Growth Bylaw: Nothing to report.

Sel. White: Affordable Housing:
High School Building Committee: Continues to participate as a citizen non-voting member.
Public Safety Committee: Committee meets on a weekly basis.
Trash/Recycle Committee: Announced that he will serve on this new committee.

Sel. OBrien: EDC: Committee has not met.
WRDS Collective Bargaining:

Selectmen Miscellaneous

Sel. Ferguson: 1. Announced that openings exist on the Bandstand Committee. Committee is looking for sponsors for the Summer Concert Series. Sponsors may contact the Town Managers office for details. The Town will also expand the movie night at the Bandstand program this summer.
2. Inquired who was responsible for paying the fines being levied at the high school? Sel. White said that fines are assessed to the school and are not reimbursable from the State. The District will seek resolution with the general contractor and an attempt will be made to recover the money. The Committee has hired an outside engineering firm to monitor the building site and progress. Costs associated with this process will be billed back to the contractor.

Sel. Jumonville: 1. Attended the Regional Selectmens Meeting on February 22, 2006. One issue raised was the sharing of community services (building inspectors, street sweepers etc.). Next Regional Meeting will be held in Paxton on March 29, 2006.
2. Board is scheduled for a joint meeting with the Finance Committee on March 8, 2006.
3. Will discuss the pros and cons of staying and/or leaving the WRSD at the April 6, 2006 meeting.
4. Would like information on the breakdown of grant money that the Recreation Department receives. This information will be discussed at the April 6, 2006 meeting.

Sel. White: 1. Expressed concerns about morning traffic on High Street.
2. Reported that there are multiple unregistered vehicles at a home across the street from the police station.
3. Requested information about how many dwellings exist in the town (including those already permitted and future building projects).
4. Commented that the Holden Fire Department assisted at the Rutland Heifer Project today in an attempt to save the barn and the animals from a devastating fire.

Sel. OBrien: 1. Discussed Ch. 70 reform actions and asked that the Board take a position on the subject. He said he would like to accomplish this when Sel. Sullivan was present.

The Manager said that the Board was in an almost unanimous agreement regarding a position on Ch. 70 reform. Information included in a joint letter from Chairman Sullivan and Finance Committee Chairman Challenger to Representative Turner represented the towns position on Ch. 70 reform. Sel. OBrien said that he was interested in placing this discussion on the agenda. He asked that the Board extend an invitation to the School Committee to join in the discussion.

Sel. Ferguson said that she felt that Chairman Sullivans letter articulated the majority position of the Board. Sel. White concurred with Sel. Ferguson and said that it is the ultimate decision of the Chair whether to place an item on the agenda for discussion. Sel. OBrien said that he would email the Chairman with his comments.
2. Inquired about the construction of a crosswalk at the high school. The Manager said that crosswalk plans are part of the high school construction project.
3. Sel. OBrien agreed to re-send an email to the Town Manager regarding concerns about several residents.
4. Discussion was held regarding the formation of the Master Planning Committee. The Manager said that no one was slighted in the formation of the Steering Committee and that all sub committees welcome members from the entire community.
5. Inquired about the square footage of the proposed Public Safety Building. Sel. White responded that the current public safety buildings are so woefully inadequate that a comparison of the old buildings to the size of the new building is inaccurate. The new building is designed around the programs that it will house.

Acceptance of Previous Minutes

Motion by Sel. Ferguson, seconded by Sel. White, it was UNANIMOUSLY VOTED TO APPROVE THE FEBRUARY 6, 2006 MINUTES WITH THE FOLLOWING AMENDMENTS: Change the date to April 26th on page 4, section 3 of Sel. OBriens Miscellaneous; change the word to DARP on page 5, section F of the town Managers Miscellaneous; change the sentence to read The Manager said that a written policy on sewer extension permits based on a recently completed capacity study conducted by Weston & Sampson had been submitted to the Water/Sewer Advisory Board for their review and comment prior to its transmittal to the Selectmen on page 5, section J of the Managers Miscellaneous.

Motion by Sel. Ferguson, seconded by Sel. White, it was UNANIMOUSLY VOTED TO APPROVE AND HOLD THE FEBRUARY 6, 2006 EXECUTIVE SESSION MINUTES.

Motion by Sel. White, seconded by Sel. Ferguson, it was VOTED 3-0-1 WITH 1 ABSTENTION TO APPROVE THE FEBRUARY 21, 2006 MEETING MINUTES WITH THE FOLLOWING AMENDMENT: Change the words The Planning Board to The Affordable Housing Committee on page 1, Sel. Fergusons Miscellaneous. (Abstained: Sel. OBrien.)

Motion by Sel. White, seconded by Sel. Ferguson, it was VOTED 3-0-1 WITH 1 ABSTENTION TO APPROVE THE FEBRUARY 22, 2006 SPECIAL MEETING MINUTES. (Abstained: Sel. OBrien.)

Adjournment

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ADJOURN THE MARCH 6, 2006 MEETING AT 9:15 PM.

Approved: March 20, 2006