HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
APRIL 2, 2007
6:30 PM Memorial Hall
Present: Chairman David J. White, James Jumonville, Kenneth O’Brien, Kimberly N. Ferguson, Joseph G. Sullivan
Others Present: Brian J. Bullock, Town Manager, Jacquie Kelly, Assistant Town Manager, Stephen F. Madaus, Counsel, Liz Helder, Recording Secretary
Chairman White opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance.
Selectmen Subcommittees
Sel. Ferguson: Affordable Housing: Last met on March 22nd. Winterberry Hollow is going through the Zoning Board of Appeals process. Recommendations from the Committee were forwarded to the developer, but none of them have been taken into consideration yet. The next ZBA meeting with the Winterberry Hollow developer is April 12th. The Manager will confirm this meeting date to the Board. The ZBA has a 40B consultant working with them through the process. The Manager confirmed that the town’s sewer capacity is currently at its limit. Sel. Sullivan said he had been cautious in his involvement and comments with this project because of a potential conflict of interest. The Chair cautioned all members to be concerned regarding their involvement/comments
during the review of the project.
Holden Tomorrow: Last met on March 20th to review documents with consultants. The “All Boards” meeting has been rescheduled from April 12th to June. Next meeting for the committee is April 12th.
Sel. O’Brien: EDC: Met in March. Next meeting is April 23rd at 8:30AM.
Public Use of Town Spaces:
Sel. Sullivan: Holden Hospital: Nothing to report.
Public Use of Town Spaces: Discussion regarding private displays on public property continues. A draft regarding this type of policy from the City of Troy Michigan is being reviewed. Next meeting 4/3 at 6:30 PM.
Sel. Jumonville: Trash/Recycle: March 27th meeting was cancelled.
Open Space/Recreation:
Memorial Day Parade: A television production regarding the efforts of the Committee is currently being shown on Cable TV Ch. 11. Next meeting April 12th at 7PM in the Starbard Building. Donations are appreciated and are currently being collected.
Sel. White: Public Safety Committee: The committee met on March 28th but Sel. White was out of town. The Committee has decided on two separate facilities: relocating the Police Department and renovating the current Fire Station. Site evaluation for the PD is ongoing.
Town Manager Miscellaneous
The Manager announced that this year’s One Book, One Holden is Good Night, Mr. Tom, by Michelle Magorian. The book is about life on the home front during World War II. This year Jane Dutton, Library Director, has expanded the programs and activities associated with the One Book, One Holden event that will include help from Louise Charbonneau, Senior Services Coordinator, and Veterans Agent Karen Greenwood.
The Manager reported that seven applications have been received for the Starbard Scholarship. Sel. Ferguson and Sel. O’Brien will serve on the interview subcommittee to review applications and make a recommendation to the full Board.
The Manager announced that the town closed on the sale of Rice School on March 27, 2007. He thanked the many people who were instrumental in working with the developer to move the project along. The Manager credited the Ingram family for their sense of community and their willingness to preserve and reuse the existing structures at the School.
The Manager reported that after a 9-month evaluation of the Town’s legal services, the town has decided to retain the firm of Mirick O’Connell as the provider of its core legal services. The Manager explained that while the town has retained the same firm, the town’s relationship with Mirick O’Connell will significantly change. The town will no longer be an open ended billing client with the law firm, but has opted to combine its traditional “core” legal services into an umbrella retainer at $4,000 per month. The goal of the evaluation was to place reasonable limits on town expenses for core services provided by town counsel. Included in the monthly retainer will be 3 hours a week of on site office hours. The Manager explained that as a result of the
evaluation process, the town would better be able to aggressively manage its legal account. After a six-month trial window, a reevaluation of the process will take place. The Manager thanked evaluation committee members DPW Director Larry Galkowski, Growth Management Director Dennis Lipka, Police Chief George Sherrill, and Assistant Town Manager Jacquie Kelly, who, along with the Town Manager, crafted an RFP for legal services. From the review of submissions, selection of interviewee’s, reference checks and final evaluation, their dedication and diligence to provide the Town with quality legal services at an affordable price is to be commended. The Manager introduced Attorney Stephen Madaus, who will serve as the lead attorney from Mirick O’Connell for the town’s legal services.
The Manager informed the Board that the town has received a letter from an attorney from the Richmond Company, Inc., requesting that the planned development of Walgreen’s Pharmacy be placed on the Selectmen’s April 23, 2007 agenda. The Board agreed to place this item on the agenda.
The Manager announced the spring Brush Chipping Schedule for brush chipping and composting. Collection will take place, weather permitting, at the site of the former landfill on River Street for Holden Residents only on Saturday, April 21, April 28, May 5, May 12, and May 29 from 7AM to 1:30PM.
The Manager shared an email from Representative Evangelidis regarding a proposed 25% increase in so-called Chapter 90 funds for local communities. Holden’s share is estimated to be $448,031 in FY08, an increase of $89,606 over the current year.
The Manager reminded the Board that Patriot’s Day will be celebrated on Monday, April 16, 2007 and Town business offices will be closed. The next regular Selectmen’s Meeting is scheduled for Monday, April 23, 2007.
Citizens’ Address
Mr. Chris Lucchesi, 185 Bailey Road, a member of the Dawson SIMCO, said that Dawson School faces a dilemma because class size is at a maximum. Tradition has been to reduce the number of class-rooms for 4th and 5th grade. However, the current third grade consists of 4 classrooms for 88 students. If the school follows past practice to reduce classrooms to 3 classes for 4th and 5th grades, this will increase the number of students per classroom to 29.3. Mr. Lucchesi expressed concerns regarding this extreme class size and its potential effect on the learning process for the students. The current School District budget recognizes the need to fund more teachers in order to increase classroom size for these students. Mr. Lucchesi encouraged the Board to support the current school
budget to help alleviate this potential problem.
Mr. Jim Kelly, Forest Drive, said that as a parent of children at Davis Hill he has concerns regarding the extreme class sizes at his children’s elementary school. The Wachusett District has the lowest educational spending in the Commonwealth. He encouraged the town to pass the School District’s budget to ensure that class sizes remain low.
Mr. Tim Ethier, Flagler Drive, said that he was encouraged to learn about the sale of Rice School. Mr. Ethier said that he recently MC’d the Democratic Party Good Neighbor Awards. Mr. Ethier announced that a fundraiser will be held on May 3rd at the Worcester Boy’s Club.
Worcester Regional Medical Reserve Corps – Mindy Johnson, Worcester Regional MRC
Board of Health Agent Joyce Crouse introduced Dr. Martha Waite, Chairman of the Holden Board Health. Dr. Waite introduced Ms. Mindy Johnson who serves with the Worcester Regional Medical Reserve Corps. The purpose of the MRC is to recruit and train medical and non-medical professionals to volunteer in the area in case of emergency. Ms. Johnson encouraged anyone in the town who is interested in volunteering to contact the MRC at (508) 799-8470 or www.worcesterregionalmrc.org.
Approval of Minutes
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-1 WITH 1 ABSTENTION TO APPROVE THE MEETING MINUTES OF MARCH 19, 2007 WITH AN AMENDMENT BY SEL. FERGUSON TO ADD THE SENTENCE TO HER SELECTMEN MISCELLANEOUS ON PAGE THREE TO READ: “2. SEL. FERGUSON COMPLIMENTED THE DPW ON ITS RECENT EFFORTS TO CLEAN UP THE LATEST SNOWSTORM. (Abstained: Sel. White.)
Proposed Sex Offender Residency By-law – Public Hearing
The Chairman announced that public comment during the public hearing would be kept to a 2-minute minimum in order to keep the meeting running efficiently.
Sel. Sullivan left the meeting at 7:29PM
The Manager read the notice into record at 7:30PM.
Motion by Sel. Ferguson, seconded by Sel. O’Brien, it was VOTED 4-0 TO OPEN THE PUBLIC HEARING AT 7:31PM.
Sel. Sullivan returned to the meeting at 7:32PM.
Police Chief Sherrill addressed the Board. He said that the Town of Holden is a very safe community to live in. The bylaw has good intentions but would be very difficult to enforce. The Chief commented that he does not have the staff to enforce this bylaw (Holden has the lowest staff per capita in Worcester County). Because the law is difficult to enforce, it will give residents a false sense of security and will force sex offenders underground and make them harder to track. He encouraged residents to get the facts and be more aware of their surroundings and their neighbors.
Atty. Madaus made several comments regarding changes that need to be made to the citizen’s petition sex offender bylaw. The approval of this written bylaw by the State Attorney General does not mean that the bylaw would withstand a challenge in court.
Ms. Lori Altobelli, Paxton Road, said that a man who pretended to be out of gas assaulted her thirty-nine years ago. She spoke in opposition of the bylaw because it is unenforceable. However, she said she disagreed with Sel. O’Brien that these offenders have paid their debt to society.
Ms. Cynthia Bazinette, Deane Ave, urged the town to abandon this dangerously misguided sexual bylaw. Only 7% of offenses occur from strangers. Most occur from a family member or friend. Restricting residency does not mean that children will not be harmed. Offenders will just go under-ground.
Ms. Karen Kane works as a clinical social worker in family protection. She said that the town should not enact a bylaw. Instead, communities should work with State legislators to improve sex offender statutes. This type of bylaw that the town is considering has been overturned by court systems across the country.
Mr. Allen Paul Moreau, Main Street, said that sex offender laws protect the guilty and do not protect the children. He encouraged the town to pass the bylaw.
Mr. Al Ferron, Appletree Lane, said that the town would be restricting these residents to a very small area of town.
Ms. Maureen Floryan, Sterling Road, stated that the bylaw would not work. Where are the laws to educate parents on how to protect their children, or enact longer prison terms for offenders?
Mr. Paul Verdini, Chapel Street, former Superintendent of the Shirley Prison, said that these sex offenders will move on to somewhere else and this bylaw will create a false sense of security. He encouraged the town to educate the public.
Professor Tim App, Needham Mass, former First Chair of the Sex Offender Registry Board, said that the bylaw does not work. Research has shown that it drives them underground and takes away their sense of stability. He said public officials cannot manage what they cannot control. He commented that the state does not legally punish sex offenders to the fullest.
The Board discussed whether to extend the speaking time during public comment.
A motion was made by Sel. Sullivan and seconded by Sel. O’Brien to extend the time restriction to 5-minutes for professionals and expert witnesses.
Sel. O’Brien said he had asked at the last Board meeting if there would be any restrictions during the public hearing and was told there would not be any. Sel. Sullivan said that while it was the prerogative of the Chairman, he felt that comments from professionals and expert witnesses deserved to be heard
regardless of the time frame. Sel. Ferguson felt the two-minute time was sufficient and that the meeting was moving along.
Motion by Sel. Sullivan, seconded by Sel. O’Brien, it was VOTED 2-3 WITH 3 OPPOSED TO EXTEND THE TIME RESTRICTION DURING PUBLIC COMMENT TO 5 MINUTES FOR PROFESSIONALS AND EXPERT WITNESSES. (Opposed: Sel. White, Jumonville, Ferguson.) The motion failed.
Ms. Patricia Gavin, Associate Professor for Criminal Justice at Anna Maria College, said that residency restriction bylaws are based on assumptions and you cannot create a “blanket” bylaw that treats all offenders equally because all offenders are different.
Ms. Margaret Watson, Doyle Road, explained that her 12-year old daughter was approached when walking home from school. Her daughter had been trained by a Holden Police Officer on stranger awareness and was able to avoid abduction. In a town with limited resources, it makes sense to invest these resources wisely. Educate parents and children with more information and greater knowledge. With greater knowledge comes less fear.
Mr. William Smith, 997 Main Street, spoke as an Attorney who currently represents sex offenders. There is currently no case law for these bylaw restrictions on record in the state of Massachusetts. He said that the irony is that the Mass. statutory factor for danger is the level of stability for these offenders – take that stability away and they are more likely to offend.
Ms. Eunice White, Franconia Street, said that she is a member of the Statute of Limitations and a mother of a survivor. Ms. White commented that in her opinion, the law would not work.
Mr. Chris Lucchesi, Bailey Road, asked if he could yield his time to Mr. App. The Chairman said that it was not allowed. Mr. Lucchesi said that the town should act on facts. His gut reaction is that offenders have no rights, but when you look at the facts, it is not the right decision for the community, and not a risk the town should take. Let the State take on the risk and place uniform rules on the communities in the Commonwealth.
Mr. Tom Keating, 45 Pikeshill Road, Sterling, said that he has been a social work professional since the 1970’s, and is currently a clinician treating sexual offenders. He suggested that the town take the advice of the Police Chief.
Motion by Sel. Jumonville, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 8:14PM.
Sel. Ferguson acknowledged that she heard a lot of information and needed to go through and process all the information before making a decision.
The Manager commented that the legality of the petitioned article is different than the one submitted by Sel. Jumonville in regards to the loitering provision. He expressed some concern over the legality of the document – not everything that is submitted for the Town Warrant can go on the Warrant. There is a possibility that the petition can be amended on town meeting floor should the petitioners approve the amendment. A placeholder will be kept for the Article until the Warrant is closed.
Sel. Sullivan said that 70+% of the town is covered under the exclusionary provision of the bylaw. He felt that bus stops should be included in the restricted areas. Sel. Sullivan commented that there are many flaws and discrepancies in the bylaw that make it impossible to enforce.
The Chairman commented that that type of restriction would make the entire town exclusionary. Sel. Ferguson commented that there have been cases where an offender lived near a bus stop and challenged the exclusionary rule. The end result was that the bus stop locations were moved.
Sel. O’Brien asked how many Police Officers there were per thousand residents in Holden vs. Worcester. Chief Sherrill said that there were 2 officers per thousand in Worcester and 1 officer per thousand residents in Holden. Sel. O’Brien inquired how this type of bylaw would be enforced when it came to new home sales or when restrictive zones change? The Manager said that this type of law would dramatically change how the law was enforced year by year. Attorney Madaus said that these types of determinations are challenges for enforcement officers and the legal system. Sel. O’Brien stated that since many of these restrictions would be challenged, the town could end up spending a large amount of money defending the bylaw in court.
Sel. Ferguson said that no one on the Board is suggesting that the bylaw is the cure or the answer for the enforcement of sex offenders. She suggested that the town contact Representative Karen Polito and invite her to address the Board regarding the sex offender legislation she is trying to pass at the State level.
Police Lt. Ball commented that as the Town’s Sex Offender Officer, he currently spends at least 15% of his week monitoring the town’s sex offenders. Passing this type of bylaw will double or triple his workload and there is currently not enough manpower to do this job effectively.
The Chairman directed Sel. Jumonville to work with Counsel and the Manager to clean up his version of the sex offender bylaw in order to discuss placement of this bylaw on the town meeting warrant. He also asked Sel. Jumonville to be prepared to discuss the endorsement of the citizens’ petition bylaw at the April 23, 2007 meeting.
Sel. Ferguson requested discussion of Rep. Polito’s proposed bill at the next meeting. The Chairman said he would invite Rep. Evangelidis to that meeting to discuss his endorsement of the bill.
Setting of Annual Town Meeting Warrant
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO OPEN, SET, AND CLOSE THE WARRANT ARTICLES AS PRESENTED.
Sel. Jumonville stepped away from the meeting at 9:37 PM.
Chairman White said that he had filed a public disclosure statement regarding Warrant Article 28. He read the statement into the record and recused himself from the discussion of this article due to a potential conflict of interest. He left the meeting at 9:40PM. He turned the meeting over to Sel. O’Brien.
The Manager explained that the Ecotarium owns property in Holden that abuts DCR land. The Ecotarium has had a verbal easement agreement with the DCR in order to access this property. This legislation will give the Ecotarium a permanent easement on the DCR land as long as the land remains in a conservation trust.
Sel. Jumonville returned to the meeting at 9:43PM. Sel. White returned to the meeting at 9:45PM.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLES 1-10 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLE 10A ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLES 11-15 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLE 16 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLE 17 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLE 18 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLES 19-22 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLE 23 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLE 24 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLE 25 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT PENDING REVIEW BY COUNSEL REGARDING THE INCLUSION OF THE BOARD UNDER THE MULLIN RULE.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLE 26 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO PLACE WARRANT ARTICLE 27 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT.
The Board agreed to vote on Article 28. Sel. White left the meeting at 9:55PM.
Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was VOTED 4-0 TO PLACE WARRANT ARTICLE 28 ON THE TOWN MEETING WARRANT SUBJECT TO THE LEGAL REVIEW OF THE ADMINISTRATION.
Sel. White returned to the meeting at 9:56PM.
Motion by Sel. Jumonville, seconded by Sel. Ferguson, it was VOTED 3-2 WITH 2 OPPOSED TO PLACE WARRANT ARTICLE 29 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT. (Opposed: Sel. O’Brien, Sullivan.)
Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was VOTED 3-2 WITH 2 OPPOSED TO PLACE WARRANT ARTICLE 30 ON THE MAY 21, 2007 ANNUAL TOWN MEETING WARRANT. (Opposed: Sel. O’Brien, Sullivan.)
Selectmen Miscellaneous
Sel. O’Brien: 1. Attended a Town Meeting with Duval Patrick and Tim Murray at South High School last week. There was discussion about closing the telecommunications tax loophole and combined tax reporting, which will increase revenue to the town. Is the Board interested in taking a position on these loopholes? These will be placed on the April 23 agenda for discussion.
2. Thanked the Manager for the follow-up on the 65 South Main and Salisbury Street properties.
3. Praised the efforts of the DPW in response to burst pipes/environmental clean-up efforts in a foreclosure home.
4. Running the YAHOO program. He invited the Chairman to speak to the kids on Saturday, April 7th.
Sel. Ferguson: 1. Encouraged residents to program the words ICE (in case of emergency) and a phone number in your cell phone so that emergency personnel have a contact person to reach.
Sel. White: 1. Discussed the town’s reimbursement amount for mailbox destruction by town vehicles. The current amount is $20. The Chairman inquired if this reimbursement was enough to cover replacement costs. The item was referred to the administration to cost out materials and installation in order to set an appropriate reimbursement.
Citizen’s Address Follow-Up
The Chairman said that he felt that the class size issue was a School Committee issue and that the Committee addressed the issue in its current budget.
Executive Session
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO MOVE INTO EXECUTIVE SESSION AT 10:10PM TO DISCUSS NON UNION PERSONNEL AND RETURN TO REGULAR SESSION FOR ADJOURNMENT PURPOSES ONLY. ROLL CALL VOTE: Sullivan: yes; Ferguson: yes; O’Brien: no; White: yes; Jumonville: yes.
Adjournment
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED TO ADJOURN THE APRIL 2, 2007 MEETING AT 10:26 PM.
Approved: April 23, 2007
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