HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
JANUARY 7, 2008
6:30PM Memorial Hall
Present: Chairman James Jumonville, Kimberly N. Ferguson, David J. White,
Joseph G. Sullivan, Kenneth O’Brien (arrived 6:50PM)
Others Present: Brian Bullock, Town Manager
Jacquie Kelly, Assistant Town Manager
Robert Martin, Town Counsel
Liz Helder, Recording Secretary
Chairman Jumonville opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance.
HMLD 2008 Capital and Operating Budget
The Manager reviewed the Holden Municipal Light Department 2008 Capital and Operating Budget with the Selectmen. The Manager introduced Margaret Donaldson, Office Manager and Mike Flagg, Superintendent at the HMLD. The Manager said that the Power Advisory Board met to review the Budget on December 14, 2007. The Power Advisory Board voted on several changes for the Selectmen to review. The Manager said that previously, the HMLD had relied on MMWEC exclusively for all power purchase recommendations (approx. 4MW of exposure). The 2008 Budget reflects a split in this service between MMWEC and Energy New England. Electric Sales in the 2007 budget were approximately $500,000 less than originally budgeted due to a combination of factors that include weather and a slowing of the economy. Because of this
forecast, the Manager said that power sales were calculated at a lower number, which may call for a Power Cost Adjustment in the spring of 2008.
Assistant Town Manager, Jacquie Kelly presented a review of the Budget Overview. Margaret Donaldson discussed the Appliance Rebate Program with Percy’s in Worcester. Due to the favorable feedback and popularity of the program, the HMLD budget will increase from $7,500 in 2007 to $25,000 in 2008. Other highlights included the investigation of funding for a Green Power Initiative, the purchase of an electronic sign, the replacement/installation of underground lines in the Industrial Park, and the finalization of the Bullard Street Substation project. Surplus borrowing from the substation project cannot be used/transferred within the Municipal Budget.
Sel. O’Brien arrived at 6:50PM.
Sel. Sullivan commented on the HMLD’s Expense Per Customer Ratio. The National Average is $103 per customer and the Holden median is $68. He congratulated the Manager and HMLD staff for providing customers with an efficient yet highly competitive service. There may be the need for $700,000 Power Cost Adjustment in the spring. The adjustment will be reviewed in April. Sel. Ferguson inquired about the Cable Study. The Manager said that the study needs to be reviewed for potential implementation and was not included in the 2008 budget. Borrowing or utilizing the Rate Reserve would fund this service if implemented. Sel. O’Brien thanked Bob Shack a member of the Power Advisory Board who recently resigned, for his service to the Town.
Sel. O’Brien inquired about the current open position created by the resignation of Diane Mero. He inquired if the Manager was considering hiring someone for this position in order to groom this person as Manager of the Light Department? The Manager said that he was currently evaluating the position and that he was not in a place to consider funding the budget for a succession plan study at this time.
A motion was made by Sel. Sullivan to approve the Holden Municipal Light Department 2008 operating and capital budget as presented. The motion was seconded by Sel. Ferguson for discussion.
Sel. White concurred with the concern raised by Sel. O’Brien regarding the lack of a succession plan. He said that when he had brought this subject up before, his concern was dismissed. Sel. Sullivan spoke in support of the Manager’s day-to-day management skills and the budget as presented. Town Counsel said the HMLD could continue to operate without an approved budget.
Sel. O’Brien read from his comments regarding a succession plan from his recent evaluation of the Town Manager.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 3-2 WITH 2 OPPOSED TO APPROVE THE HOLDEN MUNICIPAL LIGHT DEPARTMENT 2008 OPERATING AND CAPITAL BUDGET AS PRESENTED. (OPPOSED: WHITE, O’BRIEN.)
Citizens’ Address
No one came forward to address the Board.
Approval of Previous Minutes
Motion by Sel. Sullivan, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF DECEMBER 17, 2007 AS PRESENTED.
Selectmen Subcommittees
Sel. Ferguson: Affordable Housing: Has not met.
Holden Tomorrow: Has not met.
Sel. Sullivan: Holden Hospital: Sel. Sullivan and the Manager are expected to meet on 12/19 with representatives of UMASS.
EMS: Meet every Wednesday at 4PM in the Training Room at the Fire Station. Final recommendation to the Manager is pending.
Sel. Jumonville: Trash/Recycle:
Open Space/Recreation:
Memorial Day Parade: Next meeting 1/10/08.
Sel. O’Brien: EDC: Committee to meet in February.
The Board interrupted Sel. Subcommittees to proceed with the Employee Appreciation Ceremony.
Employee Appreciation
The Manager awarded those employees who have reached 5, 10, 15, 20, 25, 30 and 35 years of service with the Town.
Selectmen Subcommittees (reopened)
Sel. White: Public Safety Building Committee: The Committee will hold a joint meeting with the Selectmen on 1/9 at 6:30PM to review the proposed facility. The PSBC would like the Board to take an endorsement vote at this meeting.
Public Hearing – Change of Manager – Papa Gino’s Restaurant
The Manager read the notice of public hearing into record.
Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING AT 7:49PM.
The Board interviewed Mr. Steve Alario, the new Manager at Papa Gino’s. Mr. Alario said that he would attend TIPS Training on 1/9/08 and was aware of the responsibilities of selling and serving alcohol.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 7:52PM.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE APPLICATION OF PAPA GINO’S RESTAURANT FOR A CHANGE OF MANAGER TO STEVE ALARIO ON THE RESTAURANT WINES AND MALTS BEVERAGES LICENSE AT THE PREMISES LOCATED AT 797 MAIN STREET, HOLDEN, MA.
Town Manager’s Miscellaneous
The Manager announced that the Holden DPW offered Christmas Tree Chipping Service on Saturday, January 5, 2008. The next day for chipping service will be Saturday, January 12, 2008 between the hours of 8AM-4PM. The tree must be free of all ornaments and plastic. This service is only available to residents of Holden and is located at the Adams Road Garage location.
The Board reviewed a draft copy of the 2008 Winter/Spring Save the Date flier. The flier will be distributed in the January 2008 utility bill cycle. The Board reviewed several draft dates for a Special Town Meeting and Election to be held in March 2008.
The Manager informed the Board that Doug Nelson, Systems Administrator for the Town will coordinate a staff effort to form a Holden Green Team. The goal of the team is to provide leadership in promoting conservation ideas and provide information to help residents, businesses and employees “think green.”
The Manager informed the Board that Dennis Lipka, Building Commissioner has inspected the Rice School condominium project and found the work to be substantially complete. Sel. Ferguson requested that the Manager’s office schedule a walk-through of the site for the Board.
The Board reviewed Year-To-Date Revenue and Expenditure Reports for the period November 2007.
The Manager announced that the Town’s Single Stream Recycling Program has been awarded the Massachusetts Municipal Association’s Kenneth E. Pickard Municipal Innovation Award. The award is given to towns who have demonstrated dedication, commitment and the ability to increase effectiveness of local government by successfully implementing a unique and creative program.
Selectmen Miscellaneous
Sel. Ferguson: 1. Please schedule a request from the Town of Sterling to ask the Board to consider a Regional Selectmen’s item on the next Selectmen Agenda.
Sel. White: 1. Discussed sending a letter to the Zoning Board of Appeals with the Board’s original LIP conditions for the Winterberry Hollow Project. The ZBA has reported receiving no feedback from the Board on this project. The ZBA has since received all documentation of the Board’s voting records for the project.
The Manager reported that the ZBA is currently working on conservation and height restrictions, and updating the pro-forma for the project. They are not currently ready to discuss the number of units in the complex.
2. Requested that at a future date, the Selectmen discuss the elderly and hardship tax deferral program offered by the State. The Manager said that the Town had adopted the highest maximum qualifying income of 40%.
Sel. Sullivan: 1. Congratulated the staff at the DPW for their work in responding to the multiple snowstorms in December 2007.
2. Discussed the upcoming MMA Annual Meeting specifically regarding workshop attendance/coverage and positions that need to be taken with respect to Annual Meeting resolutions. Selectmen will submit workshop requests to Assistant Town Manager, Jacquie Kelly prior to the event.
Sel. Sullivan informed the Board that the MMA Fiscal Policy Committee has developed a new revenue-sharing plan that calls for an amount equal to 40% of state growth taxes. This plan is to help offset the recent fluctuations in lottery aid from the State. Chairman Jumonville waived the motion making policy under Sel. Miscellaneous.
A motion was made by Sel. Sullivan to support adopting the MMA’s resolution A-1 to propose a new permanent revenue-sharing structure. The motion was seconded by Sel. Ferguson for discussion.
Sel. Ferguson said she had hoped to listen to debate/discussion on the proposal at the MMA meeting prior to voting to endorse it. Sel. O’Brien said that Senator Chandler had several concerns regarding the proposal. He referenced a letter from Sen. Chandler outlining these concerns. The remainder of the Board, who had not received the letter, said it was difficult to comment on her concerns without having reviewed the content of the letter. Sel. White said he had concerns that the State would then raise the State income tax in order to fund the 40% return.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-1 WITH 1 OPPOSED TO SUPPORT ADOPTING THE MMA’S RESOLUTION A-1 TO PROPOSE A NEW PERMANENT REVENUE-SHARING STRUCTURE TO REPLACE LOTTERY AID. (Opposed: Ferguson.)
Sel. O’Brien: 1. The Board agreed to send a letter of thanks to Jim McGovern’s office for his help in obtaining $500,000 in communications equipment aid for the Police Department.
Discussion of Pending Legislative Initiatives: Return of Lottery Funds to Municipalities and Strengthening of Sex Offender Laws (Residency Restrictions)
Sel. Sullivan led discussion of the return of $450M in lottery aid by the State for local aid. Return of the money would be a one-time payment of more than $1M.
Sel. Sullivan made a motion to request the complete and full return of lottery aid by the State to the Town of Holden.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-1 WITH 1 OPPOSED TO REQUEST THE COMPLETE AND FULL RETURN OF LOTTERY AID BY THE STATE TO THE TOWN OF HOLDEN. (OPPOSED: O’BRIEN.)
Sel. Sullivan led discussion regarding Representative Karen Polito’s Sex Offender Bylaw initiative. This proposal will strengthen the laws against sex offenders. Sel. Sullivan said that he did not support the final change to the bylaw to create a predator-free zone.
A motion was made by Sel. Sullivan to support Representative Karen Polito’s Sex Offender Bylaw except for the final bylaw to create a predator-free zone. The motion was seconded by Sel. O’Brien for discussion.
Representative Lew Evangelidis addressed the Board. He said that the proposed bylaw changes are based on the nationally recognized Jessica’s Law. He said he did not know when the bylaw would be called for a vote and that many changes could be made to the proposed Bill.
Sel. O’Brien asked Rep. Evangelidis if he supported the bill as written. Rep. Evangelidis said that he supported all of the bylaws but had not heard enough discussion on the predator-free zone section to have an opinion.
Sel. White said that he would like to amend Sel. Sullivan’s motion to leave the bylaw to create a predator-free zone and vote the entire bill as written. Sel. Ferguson said that she would second the amendment. She said that she had originally wanted to vote Rep. Polito’s motion as presented. Sel. Sullivan said that it was not a part of his original motion and did not consider this to be a friendly amendment. Sel. White said that this was not a friendly amendment.
Motion by Sel. White, seconded by Sel. Ferguson, it was VOTED 3-2 WITH 2 OPPOSED TO AMEND THE ORIGINAL MOTION TO INCLUDE THE BYLAW FOR A PREDATOR-FREE ZONE. (OPPOSED: SULLIVAN, O’BRIEN.)
Sel. Sullivan commented that the voters at Town Meeting stated loud and clear they did not want a predator-free zone. Sel. White commented that Town Meeting issues are brought back again and again for another vote. He said he trusted Rep. Evangelidis to support a bill that represents the views of the taxpayers.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 3-2 WITH 2 OPPOSED TO SUPPORT REPRESENTATIVE KAREN POLITO’S SEX OFFENDER BYLAW TO INCLUDE THE SECTION FOR A PREDATOR FREE ZONE. (OPPOSED: SULLIVAN, O’BRIEN.)
Correspondence stating the Board’s positions on the previous two votes will be forwarded to Senator Chandler and Representative Evangelidis.
Representative Evangelidis said that the Governor’s Budget would be released on January 23, 2008. He requested that the Board vote to support the return of the one-time lottery money to the municipalities at the MMA meeting.
Sel. O’Brien began dialogue with Rep. Evangelidis regarding his opinion on the return of the one-time lottery aid. Sel. Sullivan called for a point of order when Sel. O’Brien began these comments. Sel. Sullivan said that Sel. O’Brien had his opportunity to comment on this subject and the reasons for his position during the discussion of the vote and he chose not to do so. Sel. O’Brien continued to state his position on this subject. The Chairman repeatedly gaveled Sel. O’Brien to call the meeting to order. After continued discord, a motion was made to adjourn the meeting.
Adjournment
Motion by Sel. White, seconded by Sel. Ferguson, it was VOTED 4-1 WITH 1 ABSTENTION TO ADJOURN THE JANUARY 7, 2008 MEETING AT 8:47PM. (ABSTAINED: O’BRIEN.)
Approved: January 22, 2008
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