HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
JULY 9, 2007
6:30PM Senior Center
Present: Chairman James Jumonville, Kimberly N. Ferguson, Kenneth O’Brien (arrived 6:37PM), Joseph G. Sullivan, David J. White
Others Present: Brian J. Bullock, Town Manager
Liz Helder, Recording Secretary
Chairman Jumonville opened the meeting at 6:30 PM. The Board participated in the Pledge of Allegiance.
Wachusett Area Rotary Club – Donation of Ice Rescue Suit
Selectman Sullivan recognized the immediate Past President Ken Parker and Richard Traina, members of the Wachusett Area Rotary Club. Mr. Parker and Mr. Traina presented Fire Chief Chandler with a water rescue suit designed to provide rescue personnel insulation and buoyancy in extreme ice rescue conditions. Chief Chandler said that the suit would be donated to the Holden Fire Department for use by the Sterling Dive Team. The team, comprised of firefighters from Sterling, Holden and West Boylston, will use the suit during mutual aid rescues and in the retrieval of the outhouse used by the Rotary Club in their fundraising efforts. The Board thanked the Wachusett Area Rotary Club for its continued commitment to local communities.
Trash and Recycling Program Update
Mr. Dennis Lipka, Director of Growth Management, provided an update on the new trash and single-stream recycling program which began July 1, 2007. Mr. Lipka announced that the town had achieved a 46% recycle rate during the first week. On Tuesday, July 3rd, the town recycled 19.8 tons of recycling and 19.2 tons of trash. Mr. Lipka reported that 430 households (representing approximately 6%) have chosen to opt out. However, after seeing how well the new program worked for their neighbors, many residents have contacted the town to opt back in. Sel. O’Brien commented that the staff at the Growth Management Department deserved a Hat’s Off Award for their work during the transition process. The Manager commented that there were many departments involved in this exciting new
transition and all were deserving of the award. He said his staff would acknowledge the hard work of its employees.
Selectmen Licenses and Appointments
Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE AND WAIVE USER FEES FOR A PUBLIC ENTERTAINMENT LICENSE ON BEHALF OF JEN STANOVICH FOR THE HOLDEN CHAMBER OF COMMERCE FOR HOLDEN DAYS AT THE BUBAR FIELD AND BANDSTAND AREA ON FRIDAY AND SATURDAY, AUGUST 24 AND 25, 2007.
Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE AND WAIVE USER FEES FOR A PUBLIC ENTERTAINMENT LICENSE ON BEHALF OF JEN STANOVICH FOR THE HOLDEN CHAMBER OF COMMERCE FOR HOLDEN DAYS AT THE DAMON HOUSE LOT AND GREEN SPACE AREA ON FRIDAY AND SATURDAY, AUGUST 24 AND 25, 2007.
Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE AND WAIVE USER FEES FOR A COMMON VICTUALER LICENSE ON BEHALF OF JEN STANOVICH FOR THE HOLDEN CHAMBER OF COMMERCE FOR HOLDEN DAYS AT THE DAMON HOUSE FOOD COURT ON SATURDAY, AUGUST 25, 2007.
It was determined that the issue of a new license to Parrot Pizza is due to a change in ownership.
Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE AN ANNUAL COMMON VICTUALER LICENSE TO ALEXIS FOODS, INC. d/b/a PARROT PIZZA TO EXPIRE DECEMBER 31, 2007, SUNDAY-SATURDAY, 11AM-10PM PENDING FINAL RECOMMENDATIONS.
Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE LIST OF PROPOSED ELECTION OFFICERS AS SUBMITTED BY THE REPUBLICAN AND DEMOCRATIC TOWN COMMITTEES FOR A TERM FROM SEPTEMBER 1, 2007 TO AUGUST 31, 2008 AS PREPARED BY THE TOWN CLERK.
Selectmen Subcommittees
Sel. Ferguson: Affordable Housing: Met June 28th. Will not meet until the fall.
Holden Tomorrow: Met on 6/19. Next meeting on 7/31. Committee has been discussing implementation of the plan. Committee has had preliminary discussion whether the final plan should be approved at Town Meeting or approved by the Planning Board. Sel. Sullivan suggested that there would be merit for the implementation support of the project by the residents of town if the various committees and commissions in town wholly endorsed the plan.
Sel. O’Brien: EDC: Has not met.
Public Use of Town Spaces: See Selectmen Sullivan’s report.
Sel. Sullivan: Public Use of Town Spaces: Committee has not met due to summer months. Committee will meet in the fall to review Town Counsel’s recommendations.
Sel. Jumonville: Trash/Recycle: Next meeting at the end of July.
Memorial Day Parade: Will meet in the fall.
Sel. White: Public Safety Committee: Met 6/20. Next meeting is 7/11. Sel. Sullivan asked about a recent letter sent to several residents to inquire about their interest in selling their property to the town to create a site for the public safety facility. Sel. White said that the committee has determined that it would potentially cost less to build on this proposed site. Additionally, the acquisition of the properties will enable the town to build a better facility in terms of its structure and operational capability.
Citizens’ Address
Mr. Al Ferron, 55 Appletree Lane, submitted a proposal to the Board to help retiring residents and the elderly remain in Holden. Mr. Ferron said his proposal would help these residents remain in town by reducing their property taxes. He said that there would be certain requirements that participating residents would need to meet: own home in town, age limit, etc. He said that property taxes would be reduced based on the number of years the resident has lived and paid property taxes in town. Mr. Ferron asked that the Board consider issuing a study to see if this type of program would be feasible.
Mr. Robert Larocque, 15 Driftwood Drive, addressed the Board regarding issues with his water/sewer bill. Mr. Larocque said that since using his irrigation system, he had received a sewer bill that he felt was unfair since none of the water he used to irrigate his lawn went into the sewer system. After being denied a sewer bill rebate at the Water and Sewer Department, Mr. Larocque said he was treated without courtesy and respect. He also said, as a paying water/sewer customer, he and other customers of the town should have received a mailing of the policies and procedures of the Water/Sewer Department. Additionally, when Mr. Larocque went to speak with the Town Manager regarding his problem, the Manager was not in the office and Mr. Larocque said he felt that the Manager did not return his call in
a timely manner. Subsequently, Mr. Larocque installed a second water meter at his home so that he is not charged for sewer fees for water used outside of the home. Mr. Larocque said he was informed that he would now have to pay to have the second water meter inspected every year for $75. Mr. Larocque outlined conditions that he would like to see the Board implement. 1. Individual treatment at Water/Sewer Department so that customers are treated in a more cordial and less adversarial way; 2. Issue Water/Sewer policies and procedure memo to all residents; 3. Change yearly inspection of secondary water meters to every 5 years at the same cost; 4. How much water is being charged for sewage that is not going into the sewer?; 5. Wants Town Manager to return phone calls promptly.
Sel. O’Brien left the meeting at 7:20PM.
White Oak Land & Audubon Society – Land Conservation Project in Holden
Sel. O’Brien returned to the meeting at 7:27PM.
Ms. Joanne Crystoff, a Board member of the White Oak Conservation, and Mr. Charlie Wyman, with the Mass Audubon Society announced a joint land conservation acquisition of 157 acres of land on either side of Kendall Road to add to the Eagle Lake Wildlife Sanctuary. Ms. Crystoff and Mr. Wyman both praised the Lundquist family for making the land available for the conservation project. The property will include almost one-half mile of frontage on Eagle Lake. Upon conclusion of the sale, a small parking lot will be installed and trails and signs will be improved to allow the public access to the area. A total of $380,000 is needed to purchase the property, construct improvements, and establish a modest stewardship endowment. The DCR has agreed to purchase a conservation restriction from Mass
Audubon on a portion of the property for $220,000 leaving $160,000 to be raised by approximately September 1st.
Sel. Ferguson encouraged the group to advertise its fundraising efforts on Holden Cable. She asked that the Board be apprised of the fundraising efforts at its August 13th meeting. She also requested flyers announcing the purchase and conservation of the property to distribute to the Holden Tomorrow Committee.
Sel. Sullivan inquired about the town helping to fund a small portion of the project. The Manager commented that the town would need to purchase a small owner/interest of the property in order to help fund the project. He said he would contact the DCR to inquire about the possibility. Sel. Sullivan said that he would work with the Town Manager to help facilitate the process. Sel. White said that a sub fund under the IIF already exists to help with open space asset acquisition. Donations can be made to either organization. White Oak, PO BOX 346, Holden 01520 or Mass Audubon, 208 South Great Road, Lincoln, MA 01773 – Attn: Eagle Lake/Lundquist purchase.
Public Hearing – Package Store License – Grant’s Groceries, d/b/a One Stop Food Store
Sel. Ferguson read the notice of public hearing into record.
Motion by Sel. White, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING AT 7:40PM.
Mr. Leo McCabe, Esq., representing Gordon Grant, Owner, Grant’s Groceries addressed the Board. Mr. McCabe said that his client, a 20-year businessman in town, was applying for a wine and malt beverages license for retail sale and had previously held a liquor license in Worcester.
Mr. McCabe submitted a petition with 660 signatures in support of the license to the Chairman of the Board. The package store license will be used to supplement the business. Tips training will be provided by the State in the store. Additionally, an identity scanner will be used to scan for fake id’s.
The chairman opened discussion to the public.
Mr. Jack Namiotka, owner of the Mobil Station, said that there are five establishments within two miles of the center of town with liquor licenses. He said that the town doesn’t need the saturation of another liquor license in the center of town.
Motion by Sel. White, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 7:50PM.
Sel. Sullivan asked for clarification on the law regarding the sale of liquor within a certain distance to a religious or educational establishment. The Manager said that he did not know of any reason to deny the license based on the current number of licenses currently issued in town. Sel. Sullivan commented that he would like a strict respect and adherence by the owner to the temporary sign bylaw in town. He suggested that this adherence be a part of the motion. The owner responded that he was willing to continue to work with the town on sign adherence. The Manager said that he did not think that that type of amendment would be approved in the vote by the ABCC.
Sel. Jumonville inquired why Mr. Grant needed seating for his Keno business. Mr. Grant said that he just wanted to make his customers more comfortable.
Sel. White commented that he was torn in support of the license. While he likes to support local businesses, he expressed concern over the saturation of these types of licenses in the center of town. Additionally, 1/3 of the signatures on the petition were made by non-Holden residents.
Sel. Ferguson commented that the town was very vigilant in monitoring establishments that sell alcohol.
Sel. O’Brien said that he would not support the license. He said that he agreed with Mr. Namiotka in that there are already enough businesses that sell alcohol in the center of town.
Motion by Sel. Ferguson, seconded by Sel. Sullivan it was VOTED 4-1 WITH 1 OPPOSED TO APPROVE THE APPLICATION OF GRANT’S GROCERIES, INC., d/b/a ONE STOP FOOD STORE, GORDON W. GRANT, MANAGER, FOR A PACKAGE STORE LICENSE FOR RETAIL SALE OF WINE AND MALT BEVERAGES ONLY LOCATED AT 1142 MAIN STREET, HOLDEN. (Opposed: O’Brien.)
Town Manager’s Miscellaneous
The Manager announced that the International City Manager’s Association has offered the town an opportunity to participate in their 2007 International Manager Exchange Program. The Exchange program works on a reciprocating basis. A Manager from another Country comes to Holden for 1-2 weeks and stays in the home of the hosting Manager. The visiting Manager shadows the host Manager and the community’s municipal operations during his stay. The process is then reversed so that both Managers gain a perspective and an insight that is helpful to them and their communities. Beginning on September 26, 2007, the Town of Holden will host Mr. Peter Hennessey, the Communications Manager for the Western Bay of Plenty District Council with offices in Tauranga, New Zealand. He will spend
several days in Boston, and arrive in Holden on September 29th. On October 6th, both Managers will leave to attend the ICMA annual conference. The Manager reminded the Board that he participated in the Exchange program in 1993 and went to the United Kingdom.
The Manager explained that he looked forward to planning for Mr. Hennessey’s stay and encouraged suggestions from residents and the Board to help make Mr. Hennessey’s experience diverse and memorable. Sel. O’Brien inquired about expenses in conjunction with the program. Sel. Sullivan asked the Manager to outline anticipated costs of the visit for the Board to review. The Board extended its congratulations to the Town Manager on his selection to participate in this prestigious program.
The Board reviewed a report from Recreation Director, Denise Morano regarding the town’s Summer Recreation Programs. The Manager noted that during the month of June, the pool had 1,633 less visits that June 2006. Sel. White said that he was interested in monitoring how the reduction in non-resident passes has helped remedy the overcrowding at the pool. He encouraged residents to provide the Board with any feedback on the operation of the pool. Sel. O’Brien said that the parking situation was still over crowded. He said that the Board needs to address long-term parking solutions.
The Manager informed the Board that the Gale Free Library’s Summer Program is in full swing. Over 300 people attend the Teddy Bear Picnic in June. Ms. Jane Dutton, Library Director, has arranged to borrow a “people counter” from CMRLS for the months of June through August. For the month of June, 15,695 visitors came through the doors of the library. From June 2006 to June 2007, 328,910 items were circulated. In the previous year, 325,789 items were circulated.
The Manager announced that Ms. Karen Greenwood, Holden’s Veteran’s Agent, will hold office hours on the first Monday of the month, from 5PM-7PM in the Starbard Building, 1204 Main Street. Her local phone number is 508-829-0244. If there is a Monday holiday, she will hold office hours on Tuesday of that week. Ms. Greenwood may also be contacted Monday – Friday, 8:30AM-5PM at her Worcester Central Office of Veterans’ Services in person or at 508-799-1041 or at greenwoodk@ci.worcester.a.us. All contact information may be obtained at www.townofholden.net.
The Manager informed the Board that in response to their request, the Holden Postmaster said that he would re-evaluate the Post Office Mailbox Pick-Up Schedule for the mailboxes located at the Starbard Building and the Industrial Park. A density test will determine whether a change can be made to the pick-up times.
The Manager informed the Board that DPW Director Larry Galkowski, has recommended technical amendments to the Water Rules and Regulations to be consistent with the recently adopted rate and fee changes. The Board reviewed the Rules, as amended, showing the new language.
The Manager informed the Board that DPW Director Larry Galkowski said the agreement between the Town and the City of Worcester for purchase of City water contains provisions aimed at protecting water supply by restricting the transportation of hazardous materials along several Town streets. Mr. Galkowski recommends that the Board of Selectmen set a Public Hearing at their August 13th meeting to amend the Traffic Rules and Regulations pursuant to the provisions of the agreement. The amendments would restrict the transportation of hazardous materials along South Street from Paxton Road south to Reservoir Street and Reservoir Street from the easterly end of South Road to Stonehouse Hill Road. Exemptions will be permitted allowing the local delivery of heating oil or propane and the pumping of septic tanks
from residences located on South Road from Paxton Road south to Reservoir Street and Reservoir Street from the easterly end of South Road to Bailey Road. The Manager said that signs would be erected along the road and the police would enforce the policy. Sel. Sullivan asked for a definition of what hazardous materials would be restricted from these roads.
Motion by Sel. Sullivan, seconded by Sel. White, it was UNANIMOUSLY VOTED TO HOLD A PUBLIC HEARING ON AUGUST 13, 2007 TO RESTRICT THE TRANSPORTATION OF HAZARDOUS MATERIALS ALONG SOUTH STREET FROM PAXTON ROAD SOUTH TO RESERVOIR STREET AND RESERVOIR STREET FROM THE EASTERLY END OF SOUTH ROAD TO STONEHOUSE HILL ROAD.
The Manager announced the Summer Leaf Composting and Brush Chipping schedule. The site of the former town landfill on River Street will be accepting collections on Saturday, July 21, August 18, and September 22, 2007.
The Manager informed the Board that Town Treasurer and Collector Ms. Jean Berg and Stephen Madaus, Town Counsel are working to comply with the recently enacted MA health care legislation. All MA cities and towns are required to formally accept various provisions of the legislation. Originally, Town Counsel recommended that as a first step in compliance, the Selectmen should vote to adopt Section 125 of the new legislation relative to part-time employees working less than 20 hours per week, who are ineligible to participate in the Town’s employee health insurance program. However, the Manager said that he had received correspondence from Attorney Martin who said that it was not necessary for the Board to vote to adopt the legislation. Additionally, the Manager said that he had documentation
regarding the legislation for the Board to review. Sel. Sullivan said that he would like to review the legislation prior to voting.
The Board reviewed an invitation from Town Planner Pamela Harding inviting the Board to an informational meeting on MA Smart Growth Ch. 40R. Representatives from the Central MA Regional Planning Commission will attend the meeting which is scheduled for Thursday, July 19, 2007 at 6:30PM at the Senior Center.
The Manager informed the Board that developer Scott Sundin has scheduled an informational meeting regarding Winterberry Hollow on Tuesday, July 10th at the Senior Center from 6PM-8PM. Sel. O’Brien said that the ZBA had a meeting at 7PM on the same date. The Manager said that the ZBA would review the Winterberry Hollow application at 8:30PM. If Sel. O’Brien has a concern about the scheduling of these meetings, he should speak with the developer.
The Manager informed the Board that they need to take an additional vote regarding the application for a malt and wine beverages license for Grant’s Groceries. The vote needs to state that the premises located at 1142 Main Street, Holden, MA would not be detrimental to the educational and spiritual activities of The First Congregational Church of Holden.
Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was VOTED 4-1 WITH 1 OPPOSED THAT THE BOARD OF SELECTMEN OF THE TOWN OF HOLDEN HEREBY FIND AFTER THE HEARING THAT THE GRANT OF A MALT AND WINE BEVERAGES LICENSE FOR THE PREMISES LOCATED AT 1142 MAIN STREET, HOLDEN, MA WOULD NOT BE DETRIMENTAL TO THE EDUCATIONAL AND SPIRITUAL ACTIVITIES OF THE FIRST CONGREGATIONAL CHURCH OF HOLDEN FOR THE FOLLOWING REASONS: 1. THE LICENSE IS LIMITED TO WINE AND MALT BEVERAGES; 2. THE PREMISES ARE LOCATED 475 FEET FROM THE SOUTHERLY INTERSECTION OF RT. 31 AND RT. 122A ACCORDING TO THE ASSESSORS MAP 147 AND THE WIDTH OF RT. 31 IS AN ADDITIONAL 50 FEET TO THE NORTHERLY LINE OF RT. 31.; THERE IS AN EXISTING WINE AND MALT BEVERAGE LICENSE LOCATED AT THE HOLDEN MOBIL STATION LOCATED AT 1175 MAIN STREET WHICH IS DIAGONALLY
ACROSS FROM THE LOCATION OF THE CONGREGATIONAL CHURCH AND IS CLOSER IN PROXIMITY TO THE CHURCH THAN THE PROPOSED LICENSE LOCATION; 3. THE APPLICANT IS PROHIBITED BY STATE LAW FROM SELLING ALCOHOLIC BEVERAGES ON MEMORIAL DAY, THANKSGIVING, CHRISTMAS DAY AND THE DAY FOLLOWING CHRISTMAS IF ON A SUNDAY, AND FROM SELLING ON SUNDAY MORNINGS. (Opposed: O’Brien.)
EPA Mandated Upgrades to UBWPAD Facilities
Sel. O’Brien raised concerns regarding a letter that the Board approved to send at the June 18th meeting regarding the EPA mandated upgrades to the UBWPAD facility. In the letter, the Board expressed the opinion that the first round of repairs to the facility should be made and tested to see if a second round of repairs are necessary.
Sel. Ferguson stated that this latest repair is an unfunded mandate by the government. Sel. Sullivan commented that it is a matter of prudently investing funds in a coordinated way – changes need to be measured to see if they have become effective.
Sel. O’Brien said that since the town sends its waste to this facility, we have a moral and stewardship obligation to maintain these mandated upgrades to improve the emissions from this facility. Second tier improvements need to be made – the area is slated for an economic boom. He commented that he was not opposed to sending a letter saying the repairs are expensive. However, he felt it was not appropriate to use the phrase “dubious science” in the letter. Sel. Sullivan said while he believes in some of what Sel. O’Brien was saying, he also believes in taking small, balanced steps. He said he would like to take the time to track data and study what steps need to be taken before spending more money that may not be necessary.
Motion by Sel. Ferguson, seconded by Sel. Sullivan it was VOTED 4-1 WITH 1 OPPOSED TO SUPPORT THE JUNE 18, 2007 LETTER REGARDING THE BOARD’S POSITION ON THE EPA MANDATED UPGRADES TO THE UBWPAD FACILITY. (Opposed: O’Brien.)
Selectmen Miscellaneous
Sel. O’Brien: 1. Commented that he thought that the Board had agreed to send a letter to State Senator Chandler and Representative Evangelidis to encourage them to support bringing the Governor’s Municipal Partnership Act to the legislative floor for discussion/debate at the June 18th meeting. The Manager said that while the subject was discussed at the June 18th meeting, the Board did not agree to send a letter. He commented that in the future the Board should agree in consensus or take a vote to direct the Manager to send correspondence. The Board was in agreement and directed the Manager to send a letter to State Senator Chandler and Representative Evangelidis to encourage them to support bringing the Governor’s Municipal Partnership Act to the legislative floor for
discussion/debate.
2. The Administration is still in the process of collecting quotes to de-lead Town Hall. Estimates have been received and the town is limited in what it can roll over from year to year to collect in a fund to de-lead and repaint the building.
Sel. Ferguson: 1. The Board was in agreement to send a letter to the Wachusett Area Rotary Club thanking them for the donation of the water rescue suit.
Sel. White: 1. Employee Appreciation Picnic will be held July 19th from 12-2PM.
Sel. Sullivan: 1. Encouraged the administration to continue monitoring Main Street signs i.e. 800 Main Street/Beacon Properties, Daily Lottery Signs, and Yard Sale Signs on traffic light poles.
2. Status of manhole covers on Main Street. The Manager said he would check on the permit status.
3. Schedule of a joint meeting with Rutland and West Boylston on the status of sewer lines. There was consensus of the Board to send correspondence in order to schedule the joint meeting. Sel. O’Brien said he had spoken with members of the West Boylston Selectmen who indicated that they are currently in discussion with the DCR to only pay for their portion of the trunk line. He said he felt the time was now to meet jointly. Additionally, Rutland is considering building a sewage treatment plant.
4. Pothole developing on 31N by the Water Tower.
Sel. Jumonville: 1. Thanked the Manager for the DPW repaired curb on South Road.
2. Reported on the status on the Town Manager’s contract. He announced that the Manager had received a 2% increase which will bring the Manager from $128,504 to $131,074. Sel. Sullivan expressed his dissatisfaction with the final increase the Manager received.
Follow-up to Citizens’ Address
The Board discussed the statements Mr. Larocque made during Citizens’ Address. The Manager said that it is the backflow meter that is required for annual inspection and not the sealed meter. State plumbing code requires the annual inspection. Sel. Sullivan suggested that the water and sewer regulations be posted on the town web site. He suggested that the Manager meet with Mr. Larocque or perhaps Mr. Larocque could submit his questions through email and have them answered by the appropriate staff member.
Sel. White suggested that Mr. Ferron’s property tax reduction proposal be forwarded to the Assessor’s Office and Town Counsel to see if it is legally permissible. Assuming that it is, the proposal would be sent to the appropriate committee(s) for review.
Acceptance of Minutes
Motion by Sel. White, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO APPROVE THE
JUNE 18, 2007 MEETING MINUTES.
Adjournment
Motion by Sel. White, seconded by Sel. Ferguson, it was VOTED TO ADJOURN THE JULY 9, 2007 MEETING AT 9:18PM.
Approved: August 13, 2007
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