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11/03/2008
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
NOVEMBER 3, 2008

6:30PM                  Memorial Hall

Present:        Chairman David White, Kimberly Ferguson (left 9:27PM), James Jumonville, Kenneth O’Brien (arrived 6:38PM), Joseph Sullivan

Others Present: Brian Bullock, Town Manager,    Jacquie Kelly, Assistant Town Manager, Robert Martin, Town Counsel (arrived 7:09PM), Elizabeth Helder, Recording Secretary

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

AAA Traffic Safety Award

Chairman White announced that the American Automobile Association recently presented the Town with the AAA Safety Award for 25+ years with no pedestrian fatalities/traffic safety.  

Licenses

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A ROAD RACE LICENSE TO PAUL F. LATINO ON BEHALF OF WACHUSETT FITNESS FOR A ROAD RACE ON THURSDAY, NOVEMBER 27, 2008 FROM 8AM-10AM PENDING FINAL APPROVAL FROM THE POLICE AND FIRE DEPARTMENTS.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO CARMEN SCAFFIDI d/b/a PLAYA DEL CARMEN MEXICAN RESTAURANT, SUNDAY – SATURDAY 11AM-1AM PENDING FINAL APPROVAL FROM ALL DEPARTMENTS.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A PUBLIC ENTERTAINMENT LICENSE TO CARMEN SCAFFIDI d/b/a PLAYA DEL CARMEN MEXICAN RESTAURANT, MONDAY – SATURDAY 6PM-10PM PENDING FINAL APPROVAL FROM ALL DEPARTMENTS.

Chairman White asked the Manager if the Board could take into consideration the number of sign bylaw violations a business establishment has against it when renewing an annual license with the Town.  It could be a useful tool in combating sign bylaw violations.  This type of tool could be used to inform businesses that the observance of the sign bylaw will be considered when renewing their license.  The Manager said that he would investigate the enforcement of the bylaw through this method.

Agricultural Commission – Right To Farm

Mr. Jim Dunn, 199 Muscopauge Road, addressed the Board.  Mr. Dunn said he was acting as a member of the Agricultural Commission – Right To Farm, a group of local citizens who share an interest in agriculture.  The group is proposing to develop a non-regulatory authority to serve as an informational resource for Holden.  The Commission’s goal is to work to preserve the rural character of the town, balance growth and quality of life issues and to encourage and support the pursuit of farming in Holden.  He said that the Commission would serve as an advisory board to support agriculture and encourage farming in the Town.  He said that the Commission would be a tool for collaboration with other boards and would not impact the Town budget.  He said that the Massachusetts Department of Agriculture supported this type of Commission.

Mr. Dunn reported that the Commission has had three meetings to date.  The Commission is currently assessing what other Agriculture Commissions have done.  The goal is to create a set of bylaws in order to place them on the 2009 Town Meeting Warrant.

Sel. O’Brien said that providing locally grown produce in the school systems was recently discussed at the Regional Selectmen’s Meeting.

Sel. Ferguson asked that the Commission provide regular updates to the Board prior to Town Meeting.  Mr. Dunn said that he anticipated returning to the Board in March 2009.

Help at HOME (Holden Outreach Managing Emergencies)

The Manager introduced Committee members Karen Halley, Louise Charboneau, Jacquie Kelly, Susan Marsh, Cheryl Owak, Jim Robinson, Fire Chief Jack Chandler, Rich Simpson, Sel. Joe Sullivan, Donna Finch, and Paula Early,

Ms. Karen Halley spoke about the seven “F’s”: food, fuel assistance, fire safety, fitness (energy), foreclosure prevention, facts (assistance information), and fundraising.  Ms. Halley said that all assistance from the Help at HOME organization is provided on a confidential basis.  100% of all donations will be used to provide assistance to those in need this winter.  The Manager commented that age is not a factor in needing help and that the program is open to all households in Holden.  Donations can be made to Help at HOME or the Welcome Aldrich Fund through the Light Department.

Help, information, and guidance can be found at the Senior Center (508-829-0271) or on the town website www.townofholden.net.  For emergency situations, temporary assistance can be found by calling the business line at the Police Department (508-829-4444).

Citizens’ Address

No one addressed the Board.

Town Manager’s Miscellaneous

a. The Manager reported that in March 2008, the Town joined a Methyl Tertiary Butyl Ether (MTBE) Products Liability suit being coordinated locally by the Malden, MA law firm of Rodman Rodman & Sandman.  On October 24, 2008 the Town Manager’s Office received a check representing Holden’s portion of the settlement in the amount of $247,356.25.  The litigants represented were municipal and water providers from many states.  In addition to the cash payment, under certain circumstances, litigants may also be entitled to receive treatment for wells never before impacted by MTBE should there be future detection of those chemicals.  The Manager informed the Board that the settlement was deposited into the Water/Sewer Enterprise Fund.  He recommended that the money be used to establish a Depreciation-type fund within the Enterprise Fund.  The issue can be more fully discussed and deliberated upon during the budget preparation process.  The funds cannot be accessed until there is an appropriation and until the money has flowed into Water/Sewer Free Cash.

Sel. Ferguson said that she would like to earmark some of the liability money to offset some of the water/sewer infrastructure improvements.  

The Board will not need to vote to approve the litigation payment.  The Board expressed thanks to Deputy Counsel Madaus for his work on the pursuit of the lawsuit.

b. The Board reviewed an updated list of their FY 2010 goals.

c. The Manager announced that according to Dennis J. Lipka, Director of Growth Management, the most sought after recycling service by Holden residents is for a cost-effective means of disposing of and recycling electronic equipment.  As such, the Growth Management Department has made arrangements with Metech, a local electronics-recycling firm to hold a Town Electronics Recycling Day on Saturday, November 8, 2008.  The event will be held at the Senior Center parking lot from 9AM –3PM and will cost residents $10 per vehicle and $20 for non-residents per vehicle.  Electronic items accepted at the event include computer monitors, hard drives, printers, scanners, TV’s, VCR and DVD players, stereos and audio equipment.  The goal is to collect 40,000 pounds of material for recycling.

d. The Manager announced the Fall Leaf Composting and Brush Chipping schedule. The collection will be held at two separate locations due to the Asian Longhorn Beetle threat.  Brush chipping will be held at the Adams Road/DPW Garage Facility and leaf composting will be held at the River Street site.  Tree limbs and brush with a diameter of .5 inches or greater cannot be removed from the ALB regulated area; however, these items can be brought into the regulated area.  The Adams Road site is located within the ALB regulated area and the town will use this site for brush chipping only.  Leaf composting is not an ALB regulated activity so the leaf-composting site will remain at the River Street location.  Days of operation include: Saturday, November 8; Tuesday, November 11; Saturday, November 15; and Saturday, November 22.  Hours of operation will be from 8AM-2:30PM.  DPW personnel on duty reserve the option of closing the site due to inclement weather.  Other guidelines include: 1. Leaves, yard waste and garden waste will be accepted at the River Street location only.  No brush, wood products, or tree limbs will be accepted at this site. 2. Tree limbs and brush with a diameter of .5 inches up to 6 inches will be accepted at the Adams Road Facility to be chipped.  No leaves, garden waste or yard waste will be accepted at the Adams Road Facility; 3. No commercial loads will be accepted at either site; 4. Proof of Holden residency will be required; 5. All bags, containers, and other receptacles must be removed from the site by the resident; 6. No tree roots will be accepted; 7. Any item that is determined by DPW personnel to be unacceptable shall be removed by the resident.  The Manager said that a notice of operation and conditions will be published in the newspaper, town web site, and temporary signs specifying the changes will also be posted at the collection sites.

The Manager encouraged residents who are in doubt of their materials to compost/chip to bring them to the Adams Road site in the ALB regulated area.

e. The Manager announced that a flu shot clinic would be held on Monday, November 10, 2008 at the Senior Center from 1PM-4PM.  Attendants must bring their insurance card to receive their shot.  If residents require a pneumonia shot, they must call the Senior Center prior in order to reserve the vaccine. 508-829-0270.

f. The Board reviewed the Year-To-Date Revenue and Expenditure Reports for the period ending September 2008 as prepared by Lori Rose, Town Accountant.  Sel. Sullivan inquired about the decline in excise tax revenues.  The Manager explained that excise tax values have declined and people are not buying new vehicles or not buying vehicles at all.  He said that the FY10 budget would reflect a smaller line item.  He said he would update the Board in January/February 2009 on the account.

g. The Manager thanked the Board on behalf of the Town employees for granting the employees extra time off at the holidays and acknowledged that the time off includes the day after Thanksgiving.

h. The Manager explained that the School District has announced a potential construction/renovation project for Mountview Junior High School.  The District has filed a Statement of Interest for the scope of work: roof replacement, windows, and gym floor.  The Manager said that it is too preliminary to talk about numbers.  The request is for work to be performed several years down the road.  He said that the filing allows the process to begin.  Previous work at the School was for air quality issues.  Selectmen Ferguson commented that tax payers are feeling the financial hit and hopes this is a few years down the road.

i. The Manager said that he expects a big turnout for the Presidential Election on November 4th.  

Tax Classification Public Hearing

The Manager read the notice of public hearing into record at 7:25PM.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO OPEN THE FY09 TAX CLASSIFICATION PUBLIC HEARING AT 7:25PM.

Ms. Beverly Kenniston, Principal Assessor for the Town of Holden presented the Tax Classification Public Hearing.  She said that it is the recommendation of the Assessor’s Office that the Board vote to continue to tax all classes of property at one tax rate for FY ’09.

She explained that the Town cannot shift the tax burden due to its low ratio of commercial property in town.  The Town experienced a declining real estate market in FY08 and Ms. Kenniston said she anticipates a further decline in new growth in FY09.  She explained that the recommended FY09 tax rate being presented was $13.64.  This is up $1.02 from the FY08 tax rate of $12.62.  This increase will represent an approximate $200 in real estate taxes to the average homeowner in Holden.

The Chairman asked if anyone from the public wished to speak at the public hearing.

Mr. Gordon McFee, Salisbury Street, representing the Chamber of Commerce, requested that the Board continue to approve a single tax classification rate for the Town of Holden.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE THE FY09 TAX CLASSIFICATION PUBLIC HEARING AT 7:45PM.

Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ADOPT A RESIDENTIAL FACTOR OF ONE THAT RESULTS IN TAXING EACH CLASS OF PROPERTY AT THE SAME RATE AS RECOMMENDED BY THE ADMINISTRATION.

The Board signed the tax classification paperwork.

Energy New England – Power Supply Purchase

Mr. Tim Hebert with New England Energy made a power point presentation to the Board regarding heat rates (the amount of fuel required to produce electricity), current power market conditions, and efforts to manage/mitigate market volatility.

Update on Water-Sewer Fees

The Board reviewed a memorandum from James Shuris, Director of Public Works.  The memo was drafted in response to questions regarding a review of and the current status of fire protection sprinkler fees, revenues and comparisons.  Mr. Shuris said that the increases took into consideration department operating costs, engineering and personnel costs.  The fee increases, made on June 5, 2007, were a result of a study conducted by Woodcock & Associates in 2006.  Currently, the Town has 46 customers who use fire protection sprinkler systems in Holden.  Mr. Shuris introduced Mr. Woodcock to the Board.

Mr. Woodcock said that the money is a service charge that the town charges for its capacity to deliver water in relation to what it costs the town to provide water to these customers.  He said not to be concerned with what other towns’ charge for this service.  Instead ask “Are the charges based on what it costs that town to provide that service?”

The Chairman commented that these charges increased to these 46 customers 10-fold.  The money collected is not going into an infrastructure/stabilization account for future improvements.  How is it fair?  

Mr. Woodcock said that he agreed that part of this money should be going into a recapitalization account.

Sel. O’Brien inquired if the Town should be levying a fee on residential customers in order to balance the inequity.  Mr. Woodcock said that would be charging a fee to customers that are not receiving a benefit.  Those 46 customers are being charged for a tangible service.

Sel. O’Brien recognized that the fees for this service were under-funded.  However, he thought that the fees should have been modified or phased in to help out the business owners.  These fees are just going into the operational budget.  He expressed dissatisfaction with the policy to re-inspect these customers and charge for the re-inspection.  He said he was not advocating eliminating the fee structure at this time until more information is developed.

The Manager said that debt is a major portion of the Water/Sewer budget.  Part of the 10M Option D Water/Sewer Plan was to obtain and provide water to these particular fire suppression customers.  The person receiving the service should pay the debt.  These businesses are also receiving a significant reduction in their insurance costs because the town provides this service.  This service and these customers cause an expense to the budget.  

Sel. Ferguson expressed concern that these businesses are bearing the brunt of the costs.  

The Manager said that the administration would need to look into insurance premium cost savings to customers who have fire suppression systems, and the possibility of eliminating the second inspection.  Sel. O’Brien said that he appreciated the effort of the presentation.

Sel. Ferguson left the meeting at 9:27PM.

Selectmen’s Subcommittees

Sel. Jumonville: Memorial Day: Announced that the Committee would meet on 11/12 at the Senior Center at 7PM.

Sel. Sullivan: Help at H.O.M.E.: Financial need/aid forms are available at the Senior Center.   
CRA: Meeting 11/11 at the Starbard Building.

Sel. O’Brien: EDC: Has been contacted by the Growth Management Director.  Next meeting 11/18.
Water/Sewer: Next meeting 11/6.

Sel. White: PSBC: Next meeting: November 5th at 6PM at HMLD.
Manager Evaluation Process: Draft document is currently being reviewed by the Town Manager for comment.  A discussion of the draft document with the Manager’s comments will be scheduled on a future agenda for Board discussion.  Sel. Sullivan suggested that a Human Resource professional consult on the new format.  The Chairman said the model that the draft is based on came from a MMA lecture attended by Sel. Ferguson.   

10.     Sel. Miscellaneous

Sel. Jumonville: 1. 11/10 dinner at Chaffins Congregational Church for Memorial Day Parade Committee to attend.  Committee members please RSVP to Sel. Jumonville.

Sel. O’Brien: 1. Suggested that the Town hold a Holiday Lighting Contest.  Board members encouraged Sel. O’Brien to feel free to plan and execute the contest.
2. Requested a site to erect a shed to store equipment for YAHOO.  The Chairman asked Sel. O’Brien to discuss the matter with the Manager.
3. Revenue shortfall in the Water/Sewer Account.
4. Wachusett Greenways Grant Award for the Rail Trail.

Sel.Sullivan: 1. Nothing to report.

Sel. White: 1.

Approval of Previous Minutes

Motion by Sel. Sullivan, seconded by Sel. Jumonville, it was VOTED 4-0 TO APPROVE THE OCTOBER 20, 2008 MINUTES.

Adjournment

Motion by Sel. Sullivan, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO ADJOURN THE NOVEMBER 3, 2008 MEETING AT 9:50PM.





Approved:       as amended November 17, 2008