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05/07/2007
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
MAY 7, 2007
6:30PM         Senior Center

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

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

The Chairman opened the meeting at 6:30PM.  The Board participated in the Pledge of Allegiance.

The Chairman announced that the Regional Boards have endorsed the Wachusett Regional School District Budget.

Demo of AutoMARK Voter Assist Terminals

Town Clerk Kathleen Peterson demonstrated AutoMARK, a ballot marking technology used to assist voters with disabilities.  The AutoMARK machine is designed to provide privacy and accessibility to voters who are blind, vision-impaired or have a disability or condition that would make it difficult or impossible to mark a ballot in the usual way.  The Town will implement the AutoMARK technology at the town’s annual election, which will take place on May 14, 2007 from 7AM-8PM.  The AutoMARK machines will not replace the Accu-Vote machines used in elections, but assist those voters with disabilities.

Selectmen Licenses and Permits

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A PARADE PERMIT ON BEHALF OF JAMES JUMONVILLE FOR THE MEMORIAL DAY PARADE COMMITTEE FOR MONDAY, MAY 28, 2007 FROM 11AM-1PM PENDING APPROVAL OF THE SCHEDULING OF TRAFFIC OFFICERS PER THE POLICE CHIEF.

Selectmen Subcommittees

Sel. Ferguson: Affordable Housing: Has not met.
Holden Tomorrow: Next meeting: May 17th.  Implementation Plan has been posted on the Committee’s web site.  Sel. Ferguson could not confirm a meeting date for the Town-Wide All Boards meeting.
Starbard Scholarship: Sel. Ferguson reported that she, Sel. O’Brien, and the Starbard family are currently reviewing applications and scheduling interviews.

Sel. O’Brien: EDC: Committee failed to make quorum at their May 5th meeting and were unable to meet.
Public Use of Town Spaces:

Sel. Sullivan: Holden Hospital: Nothing to report.
Public Use of Town Spaces: Reported that Town Counsel has reviewed a draft for the private displays on public property.  Sel. Sullivan said he was in the process of reviewing the legal comments.

Sel. Jumonville: Trash/Recycle: Committee voted unanimously to endorse Warrant Article 7.
Open Space/Recreation:
Memorial Day Parade: Committee is meeting every week until the parade weekend.

Sel. White: Public Safety Committee: Committee met on May 2nd and is looking at the existing Fire Station site for a renovation.  The Committee is considering the Damon House as a potential site for the Police Department.

Certificate of Recognition

The Board presented Jack Cross of the Holden DPW with a Certificate of Recognition.  Mr. Cross has served with the DPW for 37 years and has been with the Volunteer Fire Department for over 20.  He is currently a Deputy with the Fire Department.  The Wachusett Chamber of Commerce recently honored Mr. Cross for his work for the Town and his service to its residents.

Acceptance of Minutes

Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF APRIL 23, 2007.

Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO APPROVE AND HOLD THE EXECUTIVE MEETING MINUTES OF APRIL 23, 2007.

Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was VOTED 3-0-2 WITH 2 ABSTENTIONS TO APPROVE THE REGIONAL SELECTMEN’S MEETING MINUTES OF APRIL 26, 2007.  (ABSTAINED: WHITE, SULLIVAN.)

Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was VOTED 3-0-2 WITH 2 ABSTENTIONS TO APPROVE THE SPECIAL MEETING MINUTES OF MAY 1, 2007.  (ABSTAINED: O’BRIEN, JUMONVILLE.)

MA Police Accreditation Commission

The Manager announced that on April 5, 2007 the Holden Police Department was 16th in the State to receive State certification from the Massachusetts Police Accreditation Commission.  Certification is a self-initiated evaluation process by which police departments strive to meet and maintain standards that have been established for the profession, by the profession.  The standards reflect critical areas of police management, operations, and technical support activities.  The program not only sets standards for the law enforcement profession, but also for the delivery of services to the citizens of the commonwealth.

Chief Sherrill informed the Board that seeking and achieving this accreditation increases the professionalism of the Police Department and reduces the town’s liability insurance.  Chief Sherrill thanked Lt. Ball and Senior Clerk Johanna Adams, who tirelessly completed the documentation.  The Chief commented that the condition of the current Police Department facility prevents the town from trying to achieve the next level of certification.  This is the second time the HPD has been awarded with this accreditation.

Ms. Donna Taylor Mooers, Program Administrator with the Massachusetts Police Accreditation Commission presented the town with the Certificate of Accreditation.

Citizens’ Address

Mr. Karl Makela, Newell Road, reported that the Winterberry Hollow LIP would expire soon.  Mr. Makela claimed that the developer has failed to meet certain requirements of the LIP and has not asked for an extension of the LIP.  Mr. Makela commented that he feels that an extension should not be given and that the town should issue a new LIP.  Mr. Makela said that he felt that the public has not been kept abreast of the ongoing progress of the development.

Town Manager Miscellaneous

The Manager reported that according to Chief Sherrill, the Police Department would offer its 2nd session this year of the Student Police Academy at Mountview School. 

The Manager announced that the Holden Police Department would offer its Rape Aggression Defense class beginning in June.  The 11-13 week program is offered for women and will be run by Officer Tim Sherbloom.  Residents should call the Police Department at 508-829-4444, ext. 35.

The Manager reported that the expanded lawn area at the Dawson Pool is almost complete.  Many thanks to the DPW and Recreation staff especially Denise Morano and Rich DeWitt for completing the project before the pool opening in June.

The Manager provided the Board with an explanation for the breakdown of out-of-town passes.  Sel. Ferguson requested an explanation for the 20-passes being held by the Police Department. 

The Manager informed the Board that there would be a WRTA informational meeting on Friday, May 11th from 8AM-4:30PM at the Worcester Hotel and Conference Center.  Sel. O’Brien informed the Board that he had recently taken a tour of the town with Congressman McGovern and had an interest in attending this meeting.  Several members said that the town was going to loose its fixed-route service because the town does not have the riders to support it.  Sel. Sullivan cautioned anyone who attended this meeting that the town does not have a policy in place on this particular issue.  Sel. Ferguson said that the town needs a second senior van to support its Senior Citizens at the Senior Center.  It was agreed that Sel. O’Brien represent the Board and express the opinion that the “town is deeply concerned with the transportation for our rural community.”  The Manager informed the Board that Charter Communications paid the town its’ annual fee of $186,522.96, which is defined in the franchise license between the town and Charter.  The contract with Charter expires in 2009. 

The Manager announced that Spring Brush Chipping and Composting is ongoing at the former landfill on River Street.  Collection dates remaining are Saturday, May 12, and Saturday May 29 from 7AM-1:30PM.

The Manager announced that the town was implementing a new program to accept donations for the purpose of installing benches along Main Street or in other public Town-owned locations to memorialize a departed individual or to acknowledge the name of the company making a donation.  A sample bench has been installed at the Main Street mini-park next to Friendly’s.  Applications may be accessed on the town’s web site or at the Town Manager’s office.

The Manager said that according to Jane Dutton, Library Director, the Gale Free Library will soon be going wireless.  The system will be up and running by the second or third week in May.

The Manager informed the Board that their next regular meeting would occur prior to Town Meeting on May 21st at Mountview School.  A special meeting of the Board will be held on Tuesday, May 15th at 5:30PM in the Selectmen’s Meeting Room for the purpose of reorganization.

The Board took a 2-minute recess at 7:30PM.

Solid Waste and Recycling Collection

The Town Manager announced that the town has reached an agreement with Casella Waste Service for a new 5-year recycling and solid waste contract with the town.  The Manager commented that it was the town’s goal to focus its efforts on increasing its’ recycling tonnage while decreasing the tonnage for trash disposal.  Mr. Dennis Lipka, Director, Department of Growth Management informed the Board that the new trash/recycling efforts would begin on July 1, 2007.  Beginning on July 1st, Holden residents will use their current 96-gallon trash toter for recycling use.  Recycling materials of all types (paper, glass and plastics 1-7) will now be commingled in the toter for pick-up on a bi-weekly basis.  Residents will no longer have to use multiple 18-gallon bins and separate their recycling.  Casella will provide homeowners a new 65-gallon toter for household waste.  Changes in the convenience and the size of the recycling toter (increasing) and the trash toter (decreasing) will hopefully help to remove an additional 75 to 100 tons of solid waste per month currently being delivered to Wheelabrator at a cost of $65 per ton.  Casella will also provide the town with increased educational efforts to explain the benefits of recycling.  Trash pick-up days will remain the same and overflow bags will continue.  Bulk/Burnable stickers issued for FY2007 will be honored through December 2007.  After that, each bulk item sticker will cost $25.  Monthly costs are estimated to increase from $13 to $16 for the 65-gallon toter and $11 to $12 for the smaller senior citizen toter.  Mr. Lipka said that the Town of Holden would be the first community in the Commonwealth to set the example to streamline and maximize its recycling efforts in order to decrease its trash tonnage.  He added that the DEP was very interested in the results of the program.  Mr. Lipka thanked Mr. Larry Galkowski, Director, Holden DPW for his effort and input into the program.

The Board took a 2-minute recess at 8:10PM.

Sewer Capacity Update

The Chairman announced that he had invited Al Berg, a member of the Finance Committee, and former Director of the Holden DPW to participate in the presentation.

Mr. Larry Galkowski, DPW Director, provided the Board with a presentation on the current status of the town’s sewer capacity.  Based on the most recent calculations, the town’s total available sewer capacity is 43,760 gallons per day.  Once this is gone, it will be the immediate end for any further large scale building projects in sewered areas for many years to come.  Mr. Galkowski said that the town’s only two options to increase its gallons per day would be to renegotiate the town’s sewer agreement with the City of Worcester, or continue to identify and remove additional inflow and infiltration.  Mr. Galkowski said that the City of Worcester is unlikely to renegotiate the current contract as it is still waiting for sewer commitments from the State.  Mr. Galkowski said that the town has identified and removed 160,000 gallons per day of I&I, which equated to 80,000 gallons of additional capacity.  Removal of 1 gallon of I&I is equivalent to ½ gallon of sewer capacity.  Further I&I will be difficult to identify and more costly to remove.

Mr. Berg said that the town is currently at 97% of its sewer capacity.  The DPW and the Planning Board must decide on short-term options.  Mr. Galkowski said that the Board of Selectmen as the Water/Sewer Commissioners, the Planning Board and the Board of Health, and the Holden Tomorrow Committee need to hold a joint discussion on short-term options.  Mr. Galkowski reported that the DCR would want to hold discussions with the town to determine how the town will balance the remainder of its sewer capacity.  Mr. Galkowski said that he would make updated presentations to the Board on a more regular basis.  Sel. Ferguson urged the administration to schedule the joint meeting soon.  Mr. Galkowski assured residents that there is still capacity for those homeowners who need to initiate their sewer connection under the sewer expansion project.  Town Counsel cautioned that there is enough legal precedent that the town cannot reserve capacity.  It’s first come, first served.

Sel. Sullivan commented that the Winterberry Hollow LIP is 3-years old.  Did the Board include the promise of sewer capacity in the LIP?  The Manager confirmed that the Board did not include that condition in the LIP.  Facilities like the Rice School, the Reed Rico building, and Holden Hospital are currently allotted a certain amount of sewer capacity.  Industrial projects tend to demand lower amounts of capacity. 

Sel. White read a vote from an October 2006 meeting where the Board directed the DPW to take 3 steps towards increasing sewer capacity.  He inquired what progress had been accomplished towards these directives.  Sel. Ferguson requested that the Board receive a gallonage update every 2-months.

Town Meeting Warrant Articles

A motion made by Sel. Sullivan and seconded by Sel. Ferguson to endorse WA 6-1 through 6-9 was discussed by the Board.

The Manager said that WA 6-5 and WA 6-9 included rate increases to support the budget as presented.

Sel. Ferguson commented that she felt she does not have all the information she needs to support these articles.  The Manager said that there is no other information to hand out.  Sel. O’Brien said he has questions about billing as they pertain to these articles.  He said he felt that before addressing a rate increase it is necessary to identify the nature of the problem.  He suggested that the town bring in an outside resource to evaluate the process.  The Manager responded that these are revenue issues not expense issues.  Sel. Sullivan stated that town meeting approval of these articles is necessary to approve the budget for July 1st.  The Manager commented that the Board can discuss the fee and rate increases in June at a Public Hearing.  If the Board chooses to not adopt the fee and rate increases that were approved at the May Town Meeting, then the Board must identify another revenue source to make up the difference.

Sel. Ferguson said she was concerned that she was being asked to approve a 38% increase in the water budget and a 19% increase in the sewer budget.  She said she could not endorse the expense side when she is not comfortable with the revenue side.

Sel. Sullivan and Sel. Ferguson withdrew their original motion.

Motion by Sel. Ferguson, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO ENDORSE WA 6-1 THROUGH 6-4.

Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO TAKE NO POSITION ON WA 6-5.

Sel. O’Brien said that he would like to see the Solid Waste contract with Casella before approving WA
6-9.  The Manager said that the Board does not participate or vote on contract negotiations.

Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was VOTED 4-1 WITH 1 OPPOSED TO ENDORSE WA 6-6 THROUGH 6-9.  (OPPOSED: O’BRIEN.)

Motion by Sel. Sel. Sullivan, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO ENDORSE WA 7 AND 8.

The Board agreed that they were opposed to endorsing WA 9.

Motion by Sel. Sullivan, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO NOT ENDORSE WA 9.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENDORSE WA 10.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENDORSE WA 11.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENDORSE WA 12.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENDORSE WA 13.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENDORSE WA 14 THROUGH 21.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENDORSE WA 22 THROUGH 26.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENDORSE WA 27.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-1 WITH 1 OPPOSED TO ENDORSE WA 28.  (OPPOSED: O’BRIEN.)

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENDORSE WA 29.

Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO ENDORSE WA 30.

Chairman White excused himself from the vote on WA 31 due to a potential conflict of interest.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0-0 TO ENDORSE WA 31.

Chairman White returned to the meeting.

A motion made by Sel. Ferguson and seconded by Sel. Jumonville to not take a position on WA 32 and allow town meeting voters to decide the issue was discussed by the Board.

Sel. Sullivan said that the majority of the Board took the initiative and first brought the petition to the town meeting warrant.  Now the Board doesn’t want to take a position?  The Board did the body of the work, held a public hearing and now does not want to back it up.  He commented that the Board was avoiding a responsibility that they initiated.

Sel. Ferguson said that she never expressed an opinion – the article is a result of a petition bylaw by the residents and citizens want it debated on town meeting floor.  Sel. White said he does not know who an expert in sex offenders is and said that it was up to the citizens to determine if the bylaw should pass.

Sel. O’Brien commented that it doesn’t make sense to place the bylaw and then not vote on it. 

Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was VOTED 3-2 WITH 2 OPPOSED TO NOT TAKE A POSITION ON WA 32 AND ALLOW TOWN MEETING VOTERS TO DECIDE THE ISSUE.  (OPPOSED: SULLIVAN, O’BRIEN.)

Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO NOT SUPPORT WA 33.

The Board made motion assignments.

Sel. Sullivan agreed to speak to WA 6-1 through 6-9.
Sel. Ferguson agreed to speak to WA 7, 8, 9, 30 and 31.
Sel. White agreed to speak to WA 10, 11, 12, 27, 28, 32, and 33.
The Selectman who finishes first will speak to WA 13 through 21
The Selectman who finished second will speak to WA 22 through 23.

Selectmen Miscellaneous

Sel. Ferguson: 1. Acknowledged DPW clean-up efforts at Trout Brook.  Would like an update regarding the repair efforts of the lodge at a later date.
2. Inquired if Sheriff Glodis’ work crew could clean up the sand and debris along Main Street?

Sel. Sullivan: 1. Status of Water Sewer Advisory Board?  2 vacancies are available.
2. Discussed the Board taking a position on EPA unfunded mandates for the Upper Blackstone.  Sel. O’Brien said he was uncomfortable taking a position without any further information. 

Sel. Sullivan commented that he wanted discussion with the town manager’s contract to have happened sooner.  Two weeks is too long to wait.  The Chairman said that he had a letter to give to the Manager after the meeting.  The Manager said that he did not request his contract information in a letter.   

Sel. Jumonville: 1. Commented that spring rains had been overflowing onto Senior Center property and that the DPW determined that sewer needs to be snaked.  Has the work been accomplished?

Follow-Up to Citizens’ Address

Sel. O’Brien said that the Winterberry Hollow Neighborhood Association has a web site.  www.poorfarmbrookneighborhood.com.  Residents were reminded that ZBA meetings are open to the public for their comment.  The Chairman commented that there is nothing for the Selectmen to take a vote on until the LIP expires.  Sel. Ferguson asked if the Board would need to vote on an extension by May 26th?  The Manager commented that the town has not received an extension request from the applicant. 

Adjournment

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED TO ADJOURN THE MAY 7, 2007 MEETING AT 10PM.

Approved:             June 4, 2007