HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
JUNE 16, 2008
6:15PM Senior Center
Present: Chairman David White, Kimberly N. Ferguson, Kenneth O’Brien, Joseph G. Sullivan
Absent: James Jumonville
Others Present: Brian Bullock, Town Manager, Jacquie Kelly, Assistant Town Manager
Robert Martin, Town Counsel, Elizabeth Helder, Recording Secretary
Chairman White opened the meeting at 6:15PM.
Selectmen Appointments Prior to Regular Meeting
The Board interviewed Ms. Beckley Schowalter, a candidate for a vacancy on the Holden Cultural Council.
Ms. Schowalter said that she and her family were new to Town. She discussed her 15-years of grant writing experience and working for non-profit agencies.
Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was VOTED 4-0 TO APPOINT BECKLEY SCHOWALTER TO THE HOLDEN CULTURAL COUNCIL FOR A THREE-YEAR TERM.
The Board interviewed Mr. Fred Lonardo for the position of 1st Alternate on the Zoning Board of Appeals.
Mr. Lonardo explained that he has been serving as 1st Alternate on the ZBA for several years. He said that he has participated in every ZBA meeting for the past three years as an active voting member.
Sel. O’Brien suggested voting to appoint Mr. Lonardo as a full-time member of the ZBA. The Chairman said that it was not within the Board’s purview to increase the size of the committee.
Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO REAPPOINT FRED LONARDO AS A FIRST ALTERNATE TO THE ZONING BOARD OF APPEALS TO A THREE-YEAR TERM.
The Chairman said he would confirm the interest of Mr. Annunziata and Mr. LaPrade, the two ZBA members who did not attend the interview process, to see if they are still interested in remaining on the ZBA.
The Board agreed to move into regular session at 6:40PM.
Regular Meeting
The Chairman announced that the Board had opened the regular meeting at 6:15PM to interview candidates to the Zoning Board of Appeals and the Holden Cultural Council. He said that Sel. Jumonville would not be in attendance at this evening’s meeting. The Board participated in the Pledge of Allegiance.
Public Hearing - Tree Removal – Howard Street
The Manager informed the Board that Robert Thayer, HMLD Tree Warden, held a tree hearing on May 28, 2008 to consider the proposed removal of twenty-eight trees on Howard Street. Due to opposition by abutters, the trees were not approved for removal. He read the notice of public hearing into record.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO OPEN THE PUBLIC HEARING AT 6:49PM.
The Manager explained to the Board that Howard Street, while a Holden Street, is only accessible through the town of Paxton. The Town of Paxton maintains the road and requested the removal of the trees. There is a plan to build a home on this road and the Town of Paxton would like the trees removed for maintenance and road improvements. The owner will pay for the removal of the trees and the roadwork. Without the guarantee of the tree removal the land will not be sold. Mr. Thayer addressed the Board. He said that all the trees were large in diameter and age.
Mr. Collin Novick, representing the Worcester Greater Land Trust spoke to the Board. He said that the WGLT is an abutter to the proposed property. He said that the land is a keystone to 460 acres of recreational land, and that the State of Massachusetts has designated it as a cultural and historic resource. He said that the amount of tree cutting proposed is excessive for a single family home. While he said that the WGLT has no problem with gaining access to the house, they would like the discussion referred to the Holden Planning Board for review.
The Manager said that the proposed homeowner was advised of the public hearing but was not in attendance at the hearing.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO CLOSE THE PUBLIC HEARING AT 6:53PM.
A motion made by Sel. O’Brien to refer the matter to the Planning Board was held for discussion.
Sel. Ferguson said that according to the letters from the abutters, the amount of tree removal sounds excessive. While she understands the concerns of the Town of Paxton, there is need to find common ground. The Manager said that the applicant should go back to the Town of Paxton to find common ground without removing 28 trees. Sel. Sullivan suggested that the matter be sent back to the applicant and that the Board vote to take no action on the matter.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO TAKE NO ACTION ON THE REMOVAL OF 28 TREES FROM THE PROPOSED SITE AND THAT THE REMOVAL OF THE TREES IS EXCESSIVE AND RECOMMEND THAT THE APPLICANT SEEK A REDUCTION IN SCOPE OF WORK.
Town Manager’s Miscellaneous
The Manager announced that the Selectmen would host this year’s annual Employee Appreciation Picnic on Friday, June 27, 2008 from 12PM-2PM at Trout Brook. Town Offices will be closed during that time to allow all employees to participate.
The Manager announced that according to Roland A. Marinello, Director of Financial Reporting for Umass Memorial, the fifteenth annual distribution of the Wachusett Area Emergency Services Fund is scheduled to be made on July 1, 2008. The annual distribution amount to the eleven participating towns is equal to six and one-half percent of the average market value of the Fund for the prior calendar year. The market value of the Fund on December 31, 2007 was $3,372,283. Holden’s 25.71%, based on the 2000 Census as called for in the agreement, represented an anticipated payment of $55,752. This amount is 3.5% or $1,888 higher than what was paid out to Holden last year.
The Manager announced that the Holden Fire Department recently received two grants. According to Fire Chief Jack Chandler, the first grant is a SAFE Grant from the State for the fire safety education that the Department provides in public schools and with senior citizens. The application for the $4,700 grant was prepared by Firefighter/EMT Jackie Prosser and Senior Clerk Leah Francese-Wood. The second grant was written by Firefighter/EMT Sean Smith and Chief Chandler for equipment from the Central Region Homeland Security Council. The department was awarded with a light tower and an electronic trailer-mounted message board. Congratulations to Chief Chandler and his staff for their initiative.
The Manager announced that the Holden Police Department has been selected to receive seventy-five safety helmets as part of the Executive Office of Public Safety and Security’s Highway Safety Division Program. Special thanks go to Officer Gregg Sculthorpe for preparing the helmet grant application.
The Manager said that the Summer/Fall Save-the-Date flier would be distributed this week in the Light Department utility bills.
The Manager informed the Board that beginning June 24, 2008, Bailey Road from Chapin to Reservoir Street will be closed to traffic. The closure is to facilitate the removal of numerous trees. The work and resultant closure is expected to take 10-14 days.
The Manager reported that “clients” of the Worcester County Correctional facility will be in Town, Wednesday through Friday this week to work on some community outreach programs. Work will be performed at the Main Street/Shrewsbury Street “jug-handle” and at the Police Department.
The Manager announced that the Holden DPW will be “making” loam at the rear of St. Mary’s Cemetery. He said that the DPW arranged with the Town of Needham to rent their soil sifter to help the process.
The Manager informed the Board that the FY2009 Preliminary Tax Bills have been completed and are expected to be mailed out on Monday, June 30th.
Citizens’ Address
Mr. Al Ferron, 55 Appletree Lane, informed the Board and local residents about agencies that can help those in need of aid during tough financial times. These agencies/programs include the Holden Assessors Office, State Income Tax Credit through the State Circuit Breaker Program, a Reverse Mortgage, the Wachusett Food Pantry, and Outreach Workers at the Senior Center.
Mr. Al Berg, Highland Street, Vice-Chair Finance Committee, addressed the Board regarding the upcoming water/sewer rate discussion during Agenda Item 5. He said that the Finance Committee recently voted against any water/sewer rate increases. He said that a June 12, 2008 memo from the Town Manager to the Board reflects a 94K increase to the approved water/sewer budget at the May 2008 Town Meeting. Only Town Meeting can approve the water/sewer budget. He asked that the Board take no action at tonight’s water/sewer rate public hearing.
Jim Robinson – Steering Committee
The Manager introduced Mr. Jim Robinson, Newell Road, to the Board. Mr. Robinson recently acted as moderator for a focus group of Holden citizens who participated in a performance measurement project coordinated by the Worcester Regional Research Bureau.
Mr. Robinson addressed the Board. He said that the focus group had been charged to determine “What are the most important services that you believe affect the quality of life in the Town?” 50 different ideas were generated by the 11 volunteer participants and consolidated into 19 ideas. Participants were then given five “dots” to place on what they considered to be the five most important quality of life benchmarks for the Town. The top five vote "getters" were Ambulance/Fire/Police response (Public Safety) and Administrative and Fiscal Management (each with 10 votes), Increased Efforts to be Green (7 votes), Managing Growth and Development and Community Destinations/Activities (each with 6 votes). Education was excluded from the project because it is difficult to find
common benchmarking measures across the board.
Sel. Sullivan inquired how the Town could benchmark its small town/call firefighters/fire/police/public safety response with larger cities like Worcester or Boston. What type of metrix system was used? The Manager informed the Board that Ms. Lori Rose, Town Accountant, recently attended a meeting with Fire Chief Jack Chandler and Fire Chiefs from all over the State to help create such a metrix. Sel. Ferguson said that the responses and ranking system generated by this focus group were very similar to the system used to generate data for the Holden Together Master Plan.
The Board thanked Mr. Robinson for his comprehensive report.
Extended Office Hours
The Manager announced that Ms. Jacquie Kelly, Assistant Town Manager and Ms. Beverly Kenniston, Principal Assessor have developed an amended work schedule so that town business offices are open late for customers on Mondays each week, and then close early on Fridays. In developing the proposal, the goal was to structure a schedule to provide more convenience for townspeople and businesses to access public services while working with the town’s 35-hour per week work schedule. The proposal is to open at 8AM Monday – Friday (summer opening hours). Office will remain open until 7PM on Monday for extended business requirements. Tuesday, Wednesday and Thursday town offices will close at 4PM, and on Fridays, close at 12 Noon. In the weeks that there is a Monday Holiday, offices would close at 4PM on Friday. A survey of the 77 towns in the MMA directory, which provide an extended schedule, showed that over half close at or before 7PM. Ms. Kelly said that the recommendation for the
program would be to implement the proposed schedule starting June 30, 2008 for a two-month trial basis and re-assess the schedule after that time. The amended schedule would apply to non-union office employees initially, mainly in the Town Hall and Starbard Buildings. It would also include administrative people at the Police and Fire Departments, CATV, and the Senior Center. Ms. Kenniston said that offering these types of office hours is growing in popularity and is viewed favorably with Town Employees. Light Department employees are members of a union, and any change in their schedule will need to be addressed through the collective bargaining process.
Sel. Ferguson said that the proposal looks thorough and looks forward to giving it a try. Sel. Sullivan asked if there were any costs associated with the proposal? Ms. Kelly said that the program was designed around a 35-hour work week so that no overtime would be involved. He suggested that the program be extended past the 60-day trial period to allow more time for residents to get used to the idea.
Sel. O’Brien said that he would be willing to give it a try, but expressed concern for contractors who try to apply for a building permit for a weekend project on a Friday afternoon and cannot get one. Chairman White inquired about the ramifications of closing early on a Friday when taxes are due. Ms. Kenniston said that typically, the Tax Collector’s office is open late on collection days. There might need to be some flexibility to stay open later if the collection day falls on a Friday.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO SUPPORT IN PRINCIPLE THE PROPOSAL TO EXTEND BUSINESS OFFICE HOURS AS RECOMMENDED BY THE ADMINISTRATION.
Water/Sewer Rate Public Hearing
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO OPEN THE WATER/SEWER RATE PUBLIC HEARING AT 7:43PM.
The Manager said that rate increases are necessary from time to time. The Manager reviewed a memorandum that he prepared to outline the recommendations for water and sewer rate increases. He discussed the problem that has occurred with the historically long-lagging billing for sewer transport from the City of Worcester/DCR. These problems have caused billing to fall out of sequence thus resulting in a “5th Quarter” payment that now must be made. The Manager thanked Bob Martin Town Counsel for his recent efforts in completing a proposed payment compromise with the officials at the Department of Revenue. Under the proposal, the current $220,000 bill would be paid back over a three-year period and would involve a $1.53 per month charge during that time. The compromise hinges upon the
Board reaching a solution to the payment plan during this evening’s meeting.
Mr. Al Berg, Highland Street, Vice-Chair Finance Committee thanked Town Counsel for his efforts in negotiating the proposed payment plan with the DOR. However, a presentation made by the Administration during water/sewer budget discussions this past spring, presented the Finance Committee with a plan so that the 5th quarter payment would be taken care of within the ‘08 budget. Now it is being presented as a FY’09, ’10, and ’11 issue.
Ms. Lori Rose, Town Accountant, addressed the Board. She said that the $220K MDC bill was discussed during budget discussions, and was included in the '08 budget. She said that the 3rd quarter Jan-March ’08 MDC disposal bill came in $137K over budget. Bills from the MWRA also came in higher than anticipated. The Manager said that payment for the $220K was not factored into the ’08 budget. The Chairman said that what Mr. Berg is correct in saying is that the Manager discussed paying the $220K out of the ’08 budget, but then other bills came in higher than anticipated. This used up the $220K.
No one else came forward to address the Board.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO CLOSE THE PUBLIC HEARING AT 8:03PM.
Sel. O’Brien thanked the Manager for giving the Board the final report of the critical water/sewer improvements that need to be performed in town. He asked why the Board, as Water/Sewer Commissioners, had not received the report before? The final report was generated by CDM in 2006 and the Water/Sewer Advisory Board did not receive final report until 2007. The Manager said that he did not know why the former DPW Director had not forwarded the report to the Board. Sel. O’Brien commented that the report outlines the need to make significant capital improvements to the Town’s water infrastructure and that these improvements have not been made. A capital improvement plan must be addressed in next year’s budget.
Mr. Randy Swigor, Water Superintendent, addressed the Board. He said he has forwarded the report to Camp, Dresser and McKee, the Town’s Consulting Firm. Other recommended improvements were discussed.
Sel. O’Brien said he would like clarification why the Town shows an increase in metered water and an increase in water revenues, yet runs in a deficit that would require a rate increase? He said he would put his questions in writing and submit to the Manager for Mr. Swigor’s review.
The Board reviewed a chart of water & sewer charges/rates that included increases to the Worcester water rate, the Worcester transport rate, MWRA Maintenance, and UBWPAD Assessment.
Sel. Ferguson expressed the feeling that she is once again in a box. She said she understands that a lot of the circumstances are out of the town’s control. However, the bigger picture is that she looks at the documents and feels that the town is in a mess. She expressed concerns about the final report and what the Town should do. She commented on a memo written by Mr. Swigor in December 2007 to the former DPW Director and the Town Manager. The report outlined concerns regarding the Water/Sewer Operating Budget and Maintenance issues that Mr. Swigor felt were not being addressed. Discussion was held regarding a Worcester Water Meter issue where a payment is outstanding. Sel. Sullivan called a point of order and suggested that discussion on this subject cease due to potential pending legal issues.
Sel. Sullivan asked to speak to the Chairman of the Water/Sewer Advisory Board. He suggested that the Board should meet jointly with the Water/Sewer Advisory Board and the Finance Committee. Mr. Scott Carlson, Chairman of W/S Advisory Board addressed the Board. He said that the W/S Advisory Board tried to speak during Finance Committee meetings during budget discussions but were not allowed to.
Chairman White said that the Board did not receive the CDM report and did not receive Mr. Swigor’s December 2007 memo. Chairman White said he would like to send the CDM report and Mr. Swigor’s memo to the Finance Committee for financial review and to compare it with the budget that was approved at May ‘08 Town Meeting to make sure that there is an alignment.
The Town Manager said that while he could give the DOR assurance that the money will be paid, it will put the town in a deficit unless a revenue stream to pay for it is identified. He said that by July 1st, the town needs to be billing for the 5th quarterly payment and rate increases.
Chairman White said that he was not prepared to vote for a payment mechanism to pay the DOR. He said the Water/Sewer Department has been in huge trouble and every effort to get it out of trouble is not working. There are millions of dollars of infrastructure improvements that were identified in the ‘06 report that are just seeing the light of day. Reserves were used up instead of planning for capital improvements. He added that the Board was not informed of problems and can’t do anything if they are not aware of needs or opportunities. The Chairman said that the last the Board heard on the 5th quarter payment was that it was going to be handled by the ’08 budget.
Sel. O’Brien commented that the Town Manager has always managed the Town’s finances well and has been careful in raising rates. He said he concurred that the Finance Committee needs to be brought in. He suggested that the Town consider enforcing water restrictions. The reality is that the town has a good water system but it needs to get a better hold on it financially and make better decisions.
The Board encouraged Mr. Swigor to create a capitol improvement proposal.
Sel. Sullivan made a motion to approve a $1.53 surcharge designed to establish a reserve to deal with the 5th quarter payment. The motion received no second and failed.
A motion made by Sel. O’Brien was seconded by Sel. Ferguson to request a joint meeting with the Finance Committee to discuss the water/sewer rate increase proposal by the Manager and to discuss the Board’s intent in making the DOR 5th quarter payment on a three-year plan was discussed. The Administration will forward rate projections and the CDM Final Report to the Finance Committee and Water/Sewer Advisory Board for review prior to the earliest possible meeting date.
Sel. Sullivan asked if there was a timeline sensitivity with the DOR regarding a payment schedule? Town Counsel said that he did not know with what swiftness the DOR expects an answer. However, they were looking for a letter from the Manager that 1/3 of the 220K would be encumbered. He said comments made to Town Counsel from DOR were that if no payment plan was forthcoming, they would take the entire 220K from next year’s free cash. Town Counsel said that the Town should stay in good graces with the DOR.
Sel. Ferguson said that no one denies the fact that the Town owes the 220K and it has to be paid one way or another. She said she just wants more information before making a decision.
Motion by Sel. O’Brien, seconded by Sel. Ferguson, it was VOTED 4-0 TO REQUEST A JOINT MEETING WITH THE FINANCE COMMITTEE TO DISCUSS THE WATER/SEWER RATE INCREASE PROPOSAL BY THE MANAGER AND TO DISCUSS THE BOARD’S INTENT IN MAKING THE DOR 5TH QUARTER PAYMENT ON A THREE-YEAR PLAN. THE ADMINISTRATION WILL FORWARD RATE PROJECTIONS AND THE CDM FINAL REPORT TO THE FINANCE COMMITTEE AND WATER/SEWER ADVISORY BOARD FOR REVIEW PRIOR TO THE EARLIEST POSSIBLE MEETING DATE.
Sel. Ferguson requested that Water Superintendent Randy Swigor put together a prioritized long-term capital needs and implementation report from least to most expensive. The Board was in agreement with the request.
Sel. Ferguson asked the Manager if the Town is getting a fair transport rate from the City of Worcester? The Manager said he did not think it was a fair rate. She asked what else the town could do? The Manager said that there was nothing else the town could do and that going to court would cause other problems. The Manager said that the town is held captive to the rate. He added that anything the Board wants to include in Mr. Swigor’s long-term plan can be done, but will require additional rate increases.
The question “If the town put some money into its wells on Mason Road and Spring Street, could the town decrease its need for water resources from Worcester?” was discussed. The Manager said that he would need to ask the CDM engineers for a technical opinion.
Selectmen Subcommittees
Sel. Sullivan: EMS: Waiting for implementation process to begin.
CRA: The Chairman said that he has been working on the charge with members of the CRA.
Sel. White: PSBC: Will meet on June 18th at 6PM at the Light Department to review the Design Development Process and meet the new OPM. Committee has formed a sub-committee to investigate “green” options for the building.
Sel. O’Brien: EDC: Not met.
The Chairman asked Sel. O’Brien to serve on the Water/Sewer Advisory Board. Sel. Sullivan and Sel. Ferguson suggested that Sel. O’Brien should participate as a non-voting member to solely report back to the Board.
Sel. Ferguson: Affordable Housing: Has not met.
Holden Tomorrow: Committee made a presentation of the Holden Tomorrow Master Plan to the Planning Board. She presented the Board with a copy of the presentation.
Selectmen Miscellaneous
Sel. Sullivan: 1. Informed the Board that WRHS students have been smoking on public property at the fire station. The Manager will discuss the issue with the Superintendent.
2. Increased Cable TV competition in the area. Shared an article regarding the subject and asked that the Manager forward the article to the Cable Advisory Committee for input.
3. Excessive speed occurring on Highland Street. Requested that a radar sign be placed at the Library.
4. Requested temporary sign enforcement along Main Street.
Sel. Ferguson: 1. Email the Board on the progress of new staff hiring.
Sel. O’Brien: 1. Went to Northboro, MA to look at Skateboard Park and spoke with their Recreation Director. Raised 63K privately over a two-year period to build the park. Sel. O’Brien said that he would be interested in becoming involved in any fundraising efforts to build a park in Holden.
Sel. White: 1. Requested real numbers on trash savings to Holden residents. The Manager said the gross number was in excess of 100K. The town’s net savings were 64K.
2. Refer Skate Boarding issue to the Recreation Department.
11. Approval of Previous Minutes
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO APPROVE THE JUNE 2, 2008 MEETING MINUTES AS PRESENTED. AND ADD THE SENTENCE THAT “SEL. SULLIVAN DECLINED THE POSITION OF CLERK.” (ABSTAINED: O’BRIEN.)
12. Executive Session
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION AT 9:33PM TO DISCUSS THE NON-UNION CONTRACT NEGOTIATIONS AND RETURN TO REGULAR SESSION FOR ADJOURNMENT PURPOSES ONLY. ROLL CALL: Ferguson: yes; Sullivan: yes; White: yes; O’Brien: yes.
Adjournment
Motion by Sel. White, seconded by Sel. Sullivan, it was UNANIMOUSLY VOTED TO ADJOURN THE
JUNE 16, 2008 MEETING AT 9:45PM.
Approved: July 14, 2008
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