HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
March 5, 2007
6:30 PM Memorial Hall
Present: Chairman David J. White, James Jumonville, Kimberly N. Ferguson, Joseph G. Sullivan, Kenneth O’Brien (arrived 6:39PM),
Others Present: Brian J. Bullock, Town Manager, Jacquie Kelly, Assistant Town Manager, Liz Helder, Recording Secretary
Chairman White opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance.
Representative Evangelidis
Rep. Evangelidis spoke to the Board about the Governor’s budget, which was released last week. Rep. Evangelidis said that the House Ways and Means Committee was beginning to discuss and vote this budget. He reported that the total budget had increased 4% from last year but reminded the Board that revenues have decreased. He reported that the current budget and its new formula reflect a significant increase in Ch. 70 Aid for the Wachusett region. This is to make up for a shortfall from the last 10 years. Rep. Evangelidis cautioned that this increase in Ch. 70 aid might decrease as the budget is solidified. Sel. Sullivan thanked Rep. Evangelidis for his diligence in pursuing more money for the Wachusett region. Sel. O’Brien joined the meeting at 6:39PM. Sel.
O’Brien asked about a State wide insurance program and the possibility of opening it up to municipalities. Rep. Evangelidis said that that program was not currently in the budget but was being seriously considered at the State level. Sel. O’Brien announced that a Stand for Children Rally will be held on April 21st at the State House and hoped that Rep. Evangelidis would attend. Sel. O’Brien asked for monetary aid at the State level for the oil spill at the District offices. Rep. Evangelidis commented that he could not make promises because there was no clear defined clean-up plan and its associated costs. This is the first of its kind in terms of disaster and there is no precedent. An RFP has been issued for the clean up of the site.
Duncan Leith – High School Project Update
Mr. Leith updated the Board on the construction progress in sections A-J at the high school. Section A (Gymnasium) is complete. Sections B & C opened over a year ago (Art, Music, Special Ed). Section D is under construction. The Auditorium in this section has been gutted and will not open until next fall. Section E is under construction (Central Office/Guidance). The Science Classrooms have been gutted and will not be open until next fall. Corridor walls in this section that were to be retained have been determined to be unsafe and have been removed. Demolition of the walls is estimated to be $98,000. Section F (Media Center) is open. Section G (Shop/Architectural/Engineering and CAD areas) will be completed within the next few weeks. Science lab space
has been open since the beginning of the school year. Mr. Leith said that the punch list was long and that the District was working with the contractor to correct them. Mr. Leith opined that perhaps the Architect’s original estimate was inadequate which resulted in the under funding of the project. He said that the District would seek to recover architectural errors from the Architect’s insurance company. He added that the District would seek to sell and remove the remainder of the modular buildings this summer. Cable TV will film a tour within the next several weeks for Channel 11.
Sel. Sullivan commented that Mr. Leith has worked tirelessly on the project. Sel. Sullivan stated that he voted to support a $70.5 high school construction project, but not to borrow $70.5 million. He asked when the project would be finished and how much it would cost? Mr. Leith said that he could not give an exact amount for the project because the District would aggressively seek settlement negotiations with the contractor. Mr. Leith said that he would have a firmer final number within the next 60 days. While the original debt exclusion approved by the District towns was $70.5M, the State reimbursement cap is $83.5M. Mr. Leith said that the School Committee had set its appropriation at $81.7M, although Mr. Leith said he expected it to be higher. Chairman White commented that
the District has received its reimbursement from the State on an accelerated rate. By this summer, the State will have reimbursed the District their portion of the project: approximately $50M. This has allowed the District to save approximately $10M in short-term borrowing costs, which will help to offset the anticipated higher cost of the project. The Manager clarified that the District towns approved the borrowing of up to 70.5M - that is in addition to the almost 50M they have received from the State. He said that the bottom line was that the project was going to cost more than it was originally represented to the people. Sel. Jumonville requested that all project overages be forwarded to the Manager. Sel. Jumonville inquired about a water runoff incident that occurred in January. Mr. Leith said he would report back to the Town Manager with the outcome of that incident. Chairman White commented that the Architect’s
insurance policy for cost and error overages was only 1M and felt that there was more money than that to recover from the Architect. Chairman White said that he was not optimistic that the fields would be ready for spring or fall sports. He added that the contractor, who has not met a deadline to date, has said that the project will be completed by August. He said he was not optimistic about this projection.
Citizens’ Address
Mr. Dave Szyganski, Newell Road, said that the Planning Board would soon begin the permitting process of the 246-rental unit, 40B Winterberry Hollow project. He said that the Board missed a significant opportunity to shape the scope of the project when it placed 10 conditions upon the project in November 2005.
Mr. Brooks Webster, Lovell Road, representing John E. Harkins Post, said that in June 2006, an American Flag signed by Senator John McCain was presented to the town for the Veterans of Holden. Mr. Webster said that the Post had placed the flag in a protective shadow box. He presented the flag in a shadow box to the Town.
Mr. Warren Stowell, Wachusett Street, a Veteran, asked what the Town of Holden could do for the Veterans in town. He said that the according to the Law, the town qualifies for a full-time Veteran’s Agent. He said that the part-time Veteran’s Agent has not contacted the Post in over two years. He asked the Board to make a decision whether they support their town’s Veterans by installing a full-time Agent in town.
Mrs. Kathy Dickson, Nottingham Drive, spoke in support of passing a Sex Offender Bylaw. She said that she and her two small children live two doors down from a level 2 Sex Offender and two doors down from the Town’s only level 3 Sex Offender. She said she felt that the proposed bylaw was common sense and supports its passage to help protect the town’s children.
Mrs. Karen King, Brunnell Drive, a licensed therapist, said that statistically, these types of Sex Offender isolation laws do not work. She felt that parents and children should be trained in how to better protect themselves from child molestation and urged the Selectmen not to pass a Sex Offender Bylaw.
Ms. Deidre Kosky, Salisbury Street, said that she felt that the town should not take a chance with the town’s children and should take measures to keep its children safe.
Mr. Ernest Ostro, Shrewsbury Street, spoke in support of keeping children safe and urged the town to pass a positive Sex Offender Bylaw in order to allow the monitoring of registered Sex Offenders.
Ms. Sarah Dupere, Shrewsbury Street, said that there is no way to keep tabs on Sex Offenders.
Ms. Maureen Floryan, Sterling Road, said that the passage of a Sex Offender Law will not keep our children safe and will give parents a sense of false security. She said that Constitutionally, the passage of these bylaws was dubious and ineffective. These bylaws create transients who cannot be tracked and monitored.
Town Manager Miscellaneous
The Board reviewed a sewer abatement application from Donna Ripley, 40 Anderson Ave., Holden, regarding Map 174, Parcel 32 on Malden Street. The Manager explained that Ms. Ripley was assessed for two lots. However, only one house can be supported on the property. He said that both the Board of Assessors and the DPW Director had given their recommendation that the Selectmen vote to grant the abatement.
A motion was made by Sel. Sullivan and seconded by Sel. O’Brien to discuss the approval of a sewer abatement for Donna Ripley, Map 174, Parcel 32.
Sel. Ferguson questioned why, if the first application was denied, the applicant was refiling. The Manager said that the applicant did not appeal the determination during the appropriate timeline. Subsequently, the applicant had an environmental study conducted, which determined that the lot was unbuildable. The applicant then refiled for the abatement. Sel. Ferguson questioned the timeline of the application process and said she would abstain from the vote. Sel. White questioned that if each lot has access to the sewer line, then why receive the abatement?
Motion by Sel. Sullivan, seconded by Sel. O’Brien, it was VOTED 4-0-1 WITH 1 ABSTENTION TO APPROVE A SEWER ABATEMENT FOR DONNA RIPLEY, MAP 174, PARCEL 32. (Abstained: Sel. Ferguson.)
The Manager requested that the Board vote to approve an expenditure from the Wachusett Fund in the amount of $3,406.63 for defibrillator training.
Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO APPROVE $3,406.63 FROM THE WACHUSETT FUND FOR DEFIBRILLATOR TRAINING.
The Manager reported that according to Larry Galkowski, DPW Director, as of February 26th, there is an approximate balance of $155,850 in the Snow and Ice Removal Account. Sel. Ferguson asked if it made sense to create a Revolving Account for Snow Removal to carry money from good years to prepare for bad years. The Manager said that he thought it was not an “allowable category” by the State to create a revolving account. He said he would report back to the Board.
The Board reviewed an update from Beverly Potvin Kenniston, Principal Assessor, regarding the status of Senior Tax Exemptions in Holden. Sel. O’Brien asked that the Board consider increasing the abatement from $500 to $1000. Sel. Sullivan commented that he felt that the best program would a State sponsored one.
The Manager requested that the Board make its annual vote to designate Brian J. Bullock, Town/Light Manager as the principal representative and Jacquelyn Kelly and Robert Hamer as alternate representatives as HMLD voting representatives to MMWEC.
Motion by Sel. Jumonville, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO DESIGNATE BRIAN J. BULLOCK, TOWN/LIGHT MANAGER AS THE PRINCIPAL REPRESENTATIVE AND JACQUELYN KELLY AND ROBERT HAMER AS ALTERNATE REPRESENTATIVES AS HMLD VOTING REPRESENTATIVES TO MMWEC.
The Manager reported that according to George Sherrill, Police Chief, the Holden Police Department has been awarded a $5,000 grant from the statewide Telecommunications Board (Executive Office of Public Safety) to support training on the new E911 equipment.
The Manager informed the Board that they have been invited to attend the Wachusett Regional Criminal Justice Program at the State Police Academy on March 29 through March 30. Over 40 criminal justice students will attend and the Selectmen have been invited to participate in the event. The Manager asked Board members to inform the Town Manager’s office or Chief Sherrill of their attendance availability.
The Board reviewed a report prepared by Woodcock Associates, Inc., for the Water-Sewer Division. The Water-Sewer Division hired Woodcock Associates to analyze the costs for different water and sewer services, comparing the costs to the existing fee structure, and making recommendations for new fees. The Manager added that the Water-Sewer Advisory Board has reviewed the report and recommends that the Selectmen adopt these new fees. The Manager asked that the Board set a public hearing for the next regular meeting on Monday, March 19, 2007.
A motion by Sel. Sullivan to hold a public hearing on March 19, 2007 to adopt water-sewer fees as recommended by the administration died for lack of a second.
Sel. O’Brien said that he had some concerns about revenue and cost projections in the Water-Sewer account. He said he would like to gather more information and address the subject in April. Sel. Ferguson commented that the proposed fee increases are substantial and would like more time to review the report and the Water-Sewer budget during budget review. She suggested holding the public hearing at the second meeting in April. Sel. White said that the Water-Sewer Advisory Board received the report in August 2006 and said that the Committee had time to present the report to the Board. He said he was interested in feedback from the Finance Committee regarding the Water-Sewer budget. The Manager said it was difficult to present a budget without knowing what the rates are. Sel.
Sullivan asked why the Board would delay in holding a public hearing to talk about an important subject like fee increases? He said that the Board was not obliged to take a vote at the end of the public hearing. He said that holding the public hearing at the April 23rd meeting was too close to Town Meeting.
Motion by Sel. Jumonville, seconded by Sel. Ferguson, it was VOTED 4-1 WITH 1 OPPOSED TO HOLD A PUBLIC HEARING ON APRIL 23, 2007 TO REVIEW WATER-SEWER FEES AS RECOMMENDED BY THE ADMINISTRATION. (OPPOSED: SEL. SULLIVAN.)
Sex Offender Residency Bylaw
Sel. Jumonville presented a Sex Offender Residency Bylaw that he would like the Board to place on the May Town Meeting Warrant. The Chairman requested that the Bylaw be posted under the Selectmen’s heading on the town’s web site www.townofholden.net. Sel. Jumonville said that this bylaw was modeled after the bylaw crafted by the town of West Boylston, who worked with the State Attorney General’s office when writing the bylaw. If the Board chooses not to place the bylaw, a citizen’s petition with a minimum of 10 signatures must be submitted by March 19th for placement on the Town Meeting Warrant.
A motion made by Sel. Jumonville and seconded by Sel. Ferguson to place the bylaw on the town meeting warrant pending review of town counsel, the chief of police, and a public hearing was discussed.
Sel. Ferguson said she agreed with the bylaw going forward at town meeting. She said she would like to receive an opinion from Town Counsel on the language. Sel. O’Brien commented that the issue of Sex Offenders is an emotional issue and the Board is charged with making the best policies for the public. He said that the Board should hold a public hearing on the subject where Town Counsel and the Police Chief could attend and provide feedback. He said the best protection for children would be to educate them. He said he felt strongly that the town should continue to fund the School Resource Officer at the Middle School to help better educate and protect our children against predators. Sel. Sullivan agreed that the town should hold a public hearing to discuss the issue. However, he
said that statistically, it has been proven that these bylaws don’t work. The Chairman said that the number one charge of the Board was the safety of the public. By passing this type of bylaw, residents can access level one and level two sex offenders on line. Currently, only level three sex offenders can be accessed on line. There have to be a whole series of steps taken to help protect residents. Sel. O’Brien said he had requested at the last meeting to have Town Counsel and Police Chief Sherrill present at tonight’s meeting to answer questions. He reiterated his desire to hold a public hearing. The Manager said that his office had provided all information they had to the Board and that the Chair had overruled the opportunity to have Town Counsel and Chief Sherrill in attendance. The Manager commented that the Board should come to a consensus about whom they would like in attendance to answer questions. The
Chair said that the request to have the Police Chief in attendance at tonight’s meeting only provided the Chief with one day to review the bylaw and prepare to come before the Board. The Manager commented that the Board would not be able to change the content of a bylaw submitted by a Citizen’s Petition. However, the Board could continue to amend a bylaw they place on the warrant into April. Sel. Sullivan and Sel O’Brien said that they would prefer to wait to place the bylaw on the warrant until a public hearing is held. Sel. Jumonville commented that he felt that people who don’t support the bylaw don’t support protecting children. Sel. Sullivan said he took umbrage to that remark and suggested Sel. Jumonville retract his statement.
After this lengthy discussion both motion makers withdrew their motion.
Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO HOLD A PUBLIC HEARING AT THE FIRST MEETING IN APRIL TO DISCUSS THE SEX OFFENDER RESIDENCY BYLAW.
The Board requested that the bylaw be forwarded to Town Counsel, Chief Sherrill and the Zoning Enforcement Officer. Sel. Sullivan requested a town overlay map, showing how and where the bylaw would affect the areas of town, be available during the public hearing. The Chair will send a letter to Rep. Evangelidis encouraging him to continue the pursuit of online accessibility of level two offenders.
Selectmen Subcommittees
Sel. Ferguson: Affordable Housing: Next meeting 3/22 to discuss Winterberry Hollow project.
Holden Tomorrow: Next meetings 3/6 and 3/8 and will meet with all Boards in April.
Sel. O’Brien: EDC: Has not met. Next meeting 3/21.
Public Use of Town Spaces: Next Meeting 3/12 at 6:30PM in the Selectmen’s Meeting Room.
Sel. Sullivan: Holden Hospital: Nothing to report.
Public Use of Town Spaces:
Sel. Jumonville: Trash/Recycle: Next meeting March 27th.
Open Space/Recreation:
Memorial Day Parade: Next meeting March 15th.
Sel. White: Public Safety Committee: Next meeting 3/7.
Town Manager’s Evaluation: Chairman White provided a summary report of the recently conducted Town Manager’s Evaluation. A copy of the summary is attached to the minutes.
Follow-up to Citizens’ Address
Sel. O’Brien said he would like an update on the Winterberry Hollow agreement and the status of the conditions that were established by the Board on the Comprehensive Permit. The Manager said that the permitting process was in its early stages and that this process would allow for those conditions to be implemented/enforced. The Board was encouraged to refamiliarize themselves with the Comprehensive Permit and its summary. The Manager will request additional Comprehensive Permit Applications from Town Planner Pam Harding and the applicant. The Chair said he would like the ZBA to seek outside counsel to help them oversee a project the size of this magnitude. The Board requested that the Chair send a letter to the ZBA Chair to suggest that they use grant monies to seek outside
legal and professional help in reviewing the Winterberry Hollow 40B project.
The Board discussed holding an agenda item to discuss of the Veteran’s Agent issue. Sel. Ferguson asked for clarification on what services a Veteran’s Agent should provide. The Manager said that the baseline service is a request for benefits for which the Veteran’s Agent processes. He said that currently, there are no open requests for this service. A recent offer by the current Part-Time Veteran’s Agent to attend a meeting of the Post was declined by its members. Sel. O’Brien said that he would like to see some sort of presence in the Veteran’s office. The Manager said that a change in level of service would mean an increase in budget. The town meets the statutory requirements for the position. The Chairman suggested that Board members
solicit feedback from the town’s Veterans. Sel. O’Brien said that he would attend the next Post meeting on March 20th at Colony to speak to the Veteran’s to hear their concerns. Sel. Ferguson said she would like to know why the Post members refused the offer by the Veteran’s Agents to attend their Post meeting.
Selectmen Miscellaneous
Sel. O’Brien: 1. Announced that the Good Neighbor Awards would be presented on March 29th at 7PM at the Senior Center.
2. Announced that Cable TV fees are increasing.
3. YAHOO sign ups at the High School are the last weekend in March. The YAHOO program will offer yard-work services for seven weeks.
Sel. Ferguson: 1. Boot Collections by the American Lung Cancer Society. The Manager said he would address the issue.
2. Expressed concerns regarding Ambulance issues. The Manager commented that finding an alternative site for the Ambulance has not been easy.
Sel. Sullivan: 1. Fiscal 06’ Audit.
2. Update on Main Street signs.
Acceptance of Minutes
Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was VOTED 4-0 WITH 1 ABSTENTION TO APPROVE THE MEETING MINUTES OF FEBRUARY 5, 2007. (Abstained: Sel. Sullivan.)
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF FEBRUARY 20, 2007 WITH AN AMENDMENT BY SEL. SULLIVAN TO CHANGE HIS SUBCOMMITTEE REPORT FOR HOLDEN HOSPITAL TO READ “NOTHING TO REPORT.”
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE AND HOLD THE EXECUTIVE SESSION MEETING MINUTES OF FEBRUARY 20, 2007.
Executive Session
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED TO MOVE INTO EXECUTIVE SESSION AT 10:40PM TO DISCUSS THE DEPLOYMENT OF SECURITY PERSONNEL OR DEVICES 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 UNANIMOUSLY VOTED TO ADJOURN THE MARCH 5, 2007 MEETING AT 11:14 PM.
Approved: March 19, 2007 as amended
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