HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
FEBRUARY 4, 2008
6:30 PM Memorial Hall
Present: Chairman Jim Jumonville, Kimberly N. Ferguson, David J. White
Kenneth O’Brien (arrived 6:37PM), Joseph G. Sullivan
Others Present: Brian J. Bullock, Town Manager, Jacquie Kelly, Assistant Town Manager
Liz Helder, Recording Secretary
Chairman Jumonville opened the meeting at 6:30 PM. The Board participated in the Pledge of Allegiance.
Selectmen Licenses and Appointments
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO APPROVE A COMMON VICTUALER LICENSE TO ALEXIS GANIAS d/b/a JEFFERSON CONVENIENCE PENDING APPROVAL OF FINAL INSPECTIONS OF WIRING, BOARD OF HEALTH AND THE FIRE DEPARTMENT.
The Board held discussion regarding the current status of Constables in Town. The Manager reported that according to MGL Ch. 41, Section 91A, the Town may appoint as many constables as they deem necessary. The Town currently has three constables serving in Holden. Sel. Sullivan commented that he felt the five signatories required on the application should personally know the applicant and should not be limited to residents of Holden. Additionally, the Board agreed that the number of constables who can serve in town should not be limited.
Sel. O’Brien arrived at 6:37PM.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CHANGE THE SECTION IN THE SELECTMEN’S HANDBOOK TO STRIKE THE SECTION LIMITING THE NUMBER OF CONTABLES WHO CAN SERVE IN THE TOWN OF HOLDEN.
Motion by Sel. Sullivan, seconded by Sel. White, it was UNANIMOUSLY VOTED TO APPOINT DANIEL B. GATELY TO THE POSITION OF CONSTABLE FOR THE TOWN OF HOLDEN FOR A THREE-YEAR TERM.
Town Manager’s Miscellaneous
The Manager informed the Board that the Town had filed a claim on behalf of the Town by Deputy Town Counsel Stephan F. Madaus for an Adjudicatory Hearing before the Office of Appeals and Dispute Resolution of the MA Department of Environmental Protection. He reported that the Town applied for and received a DEP Water Management Act Registrant Statement for its public water supply sources: Quinapoxet, Mill Street, Mason Road and the Spring Street wells/well fields. The DEP inserted certain conditions when it issued the Registrant Statement including a performance standard to limit water consumption to 65 Residential Gallons per Capita Day by the year 2017, the expiration of the Registrant Statement. This condition would force the town to restrict and reduce the residential water consumption from our current average of 70
Residential Gallons per Capita Day even if there is ample water supply available. The appeal requests that these conditions be stricken from the Registration Statement on the basis that 1. The Conditions are inconsistent with the Water Management Act/Regulations, 2. The Conditions are without any factual basis, 3. The Conditions are vague and unenforceable, and 4. The Conditions qualify as an unfunded mandate and as such the Town is not obligated to satisfy them. The Manager added that the Town of Holden would be among over thirty-eight other water systems appealing Registrant Statement conditions imposed by the DEP.
Sel. Sullivan said that while he supports the claim being filed by the Town against the DEP, he commented that as time goes on, water is going to become as valuable as oil. In the long run, individuals are going to have to learn to use less water. The DEP’s goal is laudable and is certainly one to try to attain, but the mandate is an arbitrary number. Sel. White commented that the MWRA is not required to follow the guidelines set by the DEP. This mandate is being forced upon less heavily populated communities in central Massachusetts. The Manager commented that the mandate should be made uniform across the State. Sel. O’Brien inquired how much the action would cost in legal expenses. The Manager said that he eventually hoped that all 38 communities could eventually join together to help
reduce legal costs. Sel. O’Brien said that he would like the Growth Management Department to require the installation of low flow products in new construction permits.
The Board interrupted Town Manager’s Miscellaneous to proceed with the High School Project Update.
High School Project Update – Duncan Leith, HS Building Chair
Mr. Leith reported that work continues at the high school but all temporary classrooms have been dismantled. All the modular units have been removed from the property. The Auditorium has been hosting events. The outside of the property is still incomplete. Tennis courts need to be regraded and some fields need to be re-sodded. Mr. Leith said that the school committee is considering taking over the remainder of the contract in order to finish the project. He said that better control with local contractors will yield better results and the school committee is waiting for a credit offer from the contractor. Mr. Leith reported that the project to date has cost $81,719,287 and the school committee anticipates spending $82,000,000. Periodic reimbursements by the State have helped to keep costs down. Mr. Leith said that the District is in ongoing litigation with the contractor TLT and hopes to bring in the project under budget. Punch list items will still have to be addressed.
He said that he was unsure whether TLT or the District would assume those charges. A Dedication/Open House will be held in the spring.
Sel. Sullivan asked if the District would have to go out to bid on contracts if they assume the remainder of the project. Mr. Leith said that many of the contracts would go out to bid. Mr. Leith said he did not anticipate ending the project over budget and did not intend to return to the regional towns to ask for additional money.
Citizens’ Address
Mr. Warren Stowell, Wachusett Street, Commander John E. Hawkin’s Post, inquired where the town stood on hiring a full-time Veteran’s Officer now that the State has mandated that towns provide full-time assistance for Veterans. Mr. Stowell reported that the current Part-Time Representative has not been in contact with the Veterans in six months.
The Manager commented that the Town participates in a cooperative for Veteran’s services and meets the requirements for a Part-Time Veteran's Agent. The Manager said he would double check MGL.
Open, Set, Close Warrant for March 10, 2008 Special Town Meeting
The Manager read the Town Warrant for the March 10, 2008 Special Town Meeting in to the record.
Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO OPEN THE TOWN MEETING WARRANT FOR THE MARCH 10, 2008 SPECIAL TOWN MEETING AT 7:07PM.
Motion by Sel. Ferguson, seconded by Sel. White, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE TWO.
The Board discussed Warrant Article Three. Money is expended from the Veteran’s Account and expenses are 75% reimbursable from the State. The Manager said he anticipated ending this account $30,000 in deficit. The Manager said that the money would come from Free Cash because no other budget can cover the appropriation. Sel. O’Brien suggested that this budget line item be increased to include staffing for a full-time agent. The Manager said that the Town would budget for additional services but not for a full-time agent.
Motion by Sel. Ferguson, seconded by Sel. White, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE THREE FOR THE MARCH 10, 2008 SPECIAL TOWN MEETING.
A motion by Sel. White to set Warrant Article Four was seconded by Sel. Ferguson for purposes of discussion.
Money for Article Four would come from the Recreation Revolving Account. Sel. White said that he asked the Manager to place the article on the warrant based on the appeal from the Student Council request during Citizens’ Address at the January 22, 2008 meeting. He added that the Finance Committee does not dictate how money in a revolving account is spent. Sel. White said he felt that since the courts are town property and the money was in the revolving account, the issue should come before this Town Meeting instead of the May Town Meeting in order for work to begin during the spring season.
Sel. Sullivan inquired what the total rehabilitation cost was anticipated to be? The estimate for work on the courts would be approximately $80-100K. Sel. Ferguson said that some local support (new fencing) is available as well as other volunteer opportunities to help defray costs. Sel. Sullivan asked if a spring construction project was the best timing while school was in session – why not wait until summer? Sel. White said that this early vote would allow the bidding process to begin. It did not mean that the project would begin during school. Contractors fill their schedules early. He also said that he hoped that by placing this type of article on the warrant, it would encourage parents to attend the town meeting.
Sel. Sullivan asked if the Recreation Committee or the Public Safety Building Committee had an opinion on placing this article on the March 10th warrant? Sel. White said that he did not think the PSBC would have an issue with this $80K warrant. Sel. O’Brien said he supports the article. He requested that the Board send a letter to Ms. Nielan and the Student Council thanking them for their attendance at the January 22nd meeting. He also suggested that the Board send the Mountview Principal and the Superintendent encouraging the student’s civic actions. Sel. Ferguson said that the Board should send a letter to the Student Council outlining the Board’s actions to date and encourage them to start soliciting help from the community to help offset some of the costs of the project. Chairman
Jumonville said that he supports the motion to rehab the courts. He said that the fence was still in good shape and the poles need to be reset. He did not think that the project would be that expensive to complete.
Sel. Sullivan said that he supported the placement of the article but required additional information prior to endorsing it.
Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE FOUR FOR THE MARCH 10, 2008 SPECIAL TOWN MEETING.
Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE THE TOWN MEETING WARRANT FOR THE MARCH 10, 2008 SPECIAL TOWN MEETING AT 7:41PM.
Regional R911 System – Tom Ashe, Office of the Sheriff
Mr. Ashe, representing Sheriff Glodis’s office, addressed the Board to explain the Regional 911 program. Grant money will fund the system through June 30, 2010. There will be no charge to the town until then. He said he anticipated an annual operating cost of $1,000.
The Manager said that the Regional R911 program is the same as the HMLD but with more phone lines. The HMLD R911 takes 4-6 hours to reach every household in Town. The Regional R911 program would allow the town to reach residents quickly in an emergency situation. Sel. White thanked Sheriff Glodis and his office for their regional programs and support to the town. Sel. White encouraged Sheriff Glodis and his staff to attend Holden Days to showcase this new program.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SEND A LETTER TO SHERIFF GLODIS’ OFFICE TO OFFER THANKS TO HIS STAFF AND TO CONFIRM THE TOWN’S PARTICIPATION IN THE REGIONAL HOMELAND SECURITY ADVISORY COUNCIL’S REVERSE 911 INITIATIVE.
Town Manager’s Miscellaneous (reopened)
According to Jane Dutton, Library Director, recently issued regional statistics from 72 public libraries in Central MA indicate that the Gale Free Library has the third highest circulation, following Worcester and Shrewsbury.
The Manager reported that the Massachusetts Inter-local Insurance Association (MIIA) has declared $500,000 in Dividends. The amount awarded to Holden which will be applied as a premium credit will be $3,252.
The Manager reported that after a year-long multi-agency investigation led by the D.A.’s Office and local Police Departments including the Holden Police Department, ten people were arrested this week in raids that netted investigators handguns and illegal drugs. The initial drug ring arrest occurred in Holden. A man from Maine was charged with two counts of carrying an unregistered firearm and possession of ammunition without a firearm identification card. Subsequently, Worcester Police arrested nine more suspects netting firearms, cash and illegal drugs and more arrests are expected.
The Board reviewed a letter concerning local Veteran’s Services Officers.
The Board reviewed a draft of the Selectmen/Town Manager 2007 Annual Report. Any comments, additions or deletions should be directed to the Town Manager.
The Manager informed the Board that revisions to the text of the Earth Day Regional Site Memorandum of Understanding continue. Once changes to the text have been finalized, the document will be sent to the Board for signature.
The Board reviewed a letter inviting the Developer of the Winterberry Hollow to attend a Board meeting to provide Selectmen with an update on the LIP project.
Sel. White said that he has heard that the Zoning Board of Appeals was unaware that the Board of Selectmen had a concern regarding the size of the Winterberry Hollow 40B project. He commented that he thought the Board just sent a packet of information containing their votes and discussions on the project to the ZBA. Sel. Sullivan questioned whether the Board took a position regarding the size of the project. Sel. White suggested that the Board send a letter to the ZBA to clarify the Board’s position on the size. Sel. Ferguson commented that the Board had spoken in the past regarding the need to downsize the scope of the project. Sel. O’Brien suggested inviting the ZBA Chairman to a Board meeting to state its concern. Sel. Ferguson felt this would be a conflict of interest and did not want to
invite the ZBA Chair while the project is under the review of the ZBA. Sel. Sullivan suggested holding the vote until the documentation and the LIP conditions can be reviewed. Chairman Jumonville said that he made a statement at a recent ZBA meeting that the Board has a concern regarding the size of the project.
Motion by Sel. White, seconded by Sel. Ferguson, it was VOTED 4-1 TO SEND A LETTER TO THE CHAIRMAN OF THE ZONING BOARD OF APPEALS TO STIPULATE THAT THE BOARD OF SELECTMEN HAS A CONCERN REGARDING THE SIZE OF THE 246 UNIT WINTERBERRY HOLLOW PROJECT AS PRESENTED. (OPPOSED: SEL. SULLIVAN.)
The Manager announced that the Worcester Regional Transit Authority advisory board has cut bus routes serving Clinton, Holden and West Boylston and eliminated holiday service throughout the system as first steps toward getting the struggling agency’s finances in order. Cuts will take effect in July 2008. The Board expressed their disappointment at the loss of service to Holden. The Board directed the Manager to craft a letter to reiterate the need for continued handicap bus services to the town.
The Manager announced that the Friends of the Holden Council on Aging will hold its annual Valentine’s Day Cookie Sale on Friday, February 8, 2008 starting at 9AM at the Senior Center.
Selectmen Subcommittees
Sel. Ferguson: Affordable Housing: Has not met.
Holden Tomorrow: Met on 1/29 to work on implementation timeline and implementation plan. Committee continues to meet and work with consultants on the final plan.
Sel. Sullivan: Holden Hospital:
EMS: Waiting to present to the BOS either March 3rd or March 17th.
Sel. Jumonville: Trash/Recycle:
Open Space/Recreation:
Memorial Day Parade: Met on 2/7/08 at 7PM at the Starbard Building.
Sel. O’Brien: EDC: Will meet at the end of February.
Sel. White: Public Safety Building Committee: Will hold a Special Town Meeting on March 10th and a Ballot Election for the project on March 17th. He encouraged residents to attend the Town Meeting and the Election.
MMA Follow-Up
Sel. Sullivan attended “Challenging Questions for Your Fire/Police Chief” and “Managing Water” seminars.
Sel. O’Brien attended “The Ethics of Local Leadership” and “Reading Financial Statements and Budgets.”
Sel. White attended a “Local Bylaws and Local Rights” workshop, “Transition at the Top: Hiring a New Town Administrator,” and “Debt Management for the Generalist.”
Sel. Ferguson attended seminars entitled “Managing Water”, and “Are There Friendly 40B’s?
Sel. Jumonville attended “Veteran Affairs.”
Selectmen Miscellaneous
Sel. Ferguson: 1. Thanked the Manager for follow-up regarding a health issue/Health Agent.
Sel. Sullivan: 1. Reminded Board members to protect the open meeting laws.
Sel. O’Brien: 1. Drainage follow-up with Town Manager.
2. Asked that the Board send a letter to the Mountview Student Council, Principal and School Superintendent.
Sel. White: 1. Send a letter to President of the Mountview Student Council to acknowledge their participation during Citizens’ Address at the January 22, 2008 meeting.
Sel. Jumonville: 1. Grinder pump issue.
Follow-Up to Citizens’ Address
Sel. White asked the Manager to double check MGL status for the definition of Full or Part-Time Veteran’s Agent requirements/compliance that the town must provide to its Veterans.
Sel. Sullivan said he was disappointed that the Board was having this discussion again. He attended several Veteran’s meetings and thought the town had listened to the Veteran’s concerns and tried to establish a better response and hold regular office hours in town. The Manager confirmed that the Town had established office hours for the Veteran’s Agent for the first Monday of the month for two hours.
Sel. Ferguson asked the Manager for a summary of Veteran’s Agents activity for the past six months. Sel. O’Brien suggested that Sel. Sullivan return to the Post to speak with the Veterans. Sel. White said that he would also like to attend the next Post meeting.
Approval of Previous Minutes
Motion by Sel. Sullivan, seconded by Sel. White, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF JANUARY 9, 2008 AS PRESENTED WITH AN AMENDMENT TO CHANGE CHAIRMAN JUMONVILLE’S VOTES ON MOTIONS ONE AND THREE TO “OPPOSED.”
Motion by Sel. Sullivan, seconded by Sel. White, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF JANUARY 22, 2008 AS PRESENTED.
Adjournment
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ADJOURN THE MEETING OF FEBRUARY 4, 2008 AT 9PM.
Approved: February 19, 2008
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