HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
SEPTEMBER 2, 2008
6:30PM Memorial Hall
Present: Chairman David White, Kimberly N. Ferguson, Kenneth O’Brien, Joseph G. Sullivan (arrived 6:50PM)
Absent: James Jumonville
Others Present: Brian Bullock, Town Manager, Jacquie Kelly, Assistant Town Manager, Stephen Madaus, Deputy Town Counsel, Elizabeth Helder, Recording Secretary
Chairman White opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance. The Chair announced that Sel. Jumonville had another obligation and would not attend the meeting and that Sel. Sullivan would be late.
Director of Public Works
The Manager introduced Mr. Jim Shuris, the new Director of Public Works for the Town of Holden. The Manager said that Mr. Shuris, who previously worked for the Town of Concord, MA, had experience in the area of municipal water and sewer. The Board welcomed Mr. Shuris to his new position.
Duncan Leith, High School Building Committee
Mr. Leith reported that the building is complete. Athletic fields were worked on this summer. Baseball dugouts will be finished in Spring ‘09. The field facility building is not finished. The school district is in the process of trying to finish the field facility building prior to football season. A dedication ceremony for the school will be held on September 21st from 12PM-2PM. The Board thanked Mr. Leith and the Building Committee volunteers for their dedication to seeing the project through to completion.
Sel. Sullivan joined the meeting at 6:50PM.
Tax Abatement
Motion by Sel. Sullivan, seconded by Sel. O’Brien, it was VOTED 4-0 THAT THE BOARD OF SELECTMEN REQUEST THAT THE BOARD OF ASSESSORS ABATE THE BALANCE OF THE TAXES THAT WILL BE OWED FOR FISCAL YEAR 2009 TO THE PARCEL OF TOWN OWNED LAND LOCATED AT 1360 MAIN STREET HOLDEN, MA, FORMERLY OWNED BY JAMES AND CAROLYN RINGGARD PERSUANT TO MASS GENERAL LAWS CHAPTER 59, SECTION 72A.
Licenses
Sel. Sullivan recused himself from the license vote due to a potential conflict of interest.
Motion by Sel. Ferguson, seconded by Sel. O’Brien, it was VOTED 3-0 TO APPROVE A COMMON VICTUALER LICENSE AND WAIVE THE FEE TO GLENN SULLIVAN ON BEHALF OF CUB SCOUT PACK 46 TO A SNACK SHACK AT SOCCER GAMES AT MOUNTVIEW SCHOOL, SEPTEMBER THROUGH NOVEMBER, 9AM-6PM SATURDAYS, AND 11AM-6PM SUNDAYS PENDING APPROVAL OF THE BOARD OF HEALTH AND THE FIRE DEPARTMENT.
Citizens’ Address
No one came forward to address the Board.
Town Manager’s Miscellaneous
The Manager announced that the town had received an application for a new Restaurant/All Alcoholic Beverages License from Playa del Carmen Mexican Restaurant, Carmen Scaffidi, Manager. The Manager recommended that the Board vote to hold a public hearing on the application for Monday, September 15, 2008 at 7:30PM.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO HOLD A PUBLIC HEARING ON THE APPLICATION FOR A RESTAURANT/ALL ALCOHOLIC BEVERAGE LICENSE FOR PLAYA DEL CARMEN MEXICAN RESTAURANT, CARMEN SCAFFIDI, MANAGER ON MONDAY, SEPTEMBER 15, 2008 AT 7:30PM.
The Board reviewed the Year End Revenue and Expenditure Reports for the period ending June and July 2008. Sel. O’Brien asked several questions about water/sewer line items.
The Manager announced that on Monday, September 8th at 5:30PM there would be a softball match between town employees and the Chamber of Commerce. The game will be held at the Bubar Field and all are invited to either play or come watch the game.
The Manager informed the Board that Nancy Anderson, the Town’s representative to Montachusett Technical School has resigned from her position. The Manager said that Ms. Anderson served the Town and students at Monty Tech well for many years. The Board requested that the Administration send Ms. Anderson a letter commending her for her years of service to this position. The Manager recommended that the Town place a notice in the local paper to seek applicants for the Monty Tech vacancy. Upon receipt of qualified applicants the Manager and the Board will conduct interviews to this joint appointment.
Motion by Sel. Ferguson, seconded by Sel. Sullivan, it was VOTED 4-0 TO ADVERTISE TO FILL THE MONTY TECH TOWN REPRESENTATIVE POSITION AND SEND A LETTER TO THE PARENTS OF MONTY TECH STUDENTS INFORMING THEM OF THE CURRENT VACANCY.
The Manager reported that the Co-Chairs of Holden Tomorrow would attend the Board meeting on September 15, 2008.
The Board reviewed an application form to the MA Department of Environmental Protection, Drinking Water State Revolving Fund (SRF) for a project to make improvements to Holden’s water system. The proposal will encompass projects totaling $2,459,000 in SRF eligible costs. The SRF will loan the Town the money to complete these repairs at a 2% interest rate. The Board and the Manager discussed the possibility of holding a Town Meeting in the fall to approve engineering money necessary to begin some of the capital improvement work during the winter months.
The Board reviewed some statistics from another successful and well-attended 2008 pool and recreation season as prepared by Denise Morano, Recreation Director. The Board commended Ms. Morano and her staff for the preparation, planning and monitoring to assure that everyone was provided with a safe, healthy and wholesome recreation experience this summer.
The Manager reported that the Town had received “chipper” certification in order to chip tree material from the regulated areas in Town affected by the Asian Longhorned Beetle. He said that the DPW was underway in setting up a site in the designated regulated area in order to provide chipping services to those affected by this invasive and destructive insect.
The Manager announced that Holden Cable TV was holding a contest for the Hometown Holden show. Residents are encouraged to send in questions that will be asked on future shows. If your question is chosen for a future show, you could win a T- Shirt.
Sel. Sullivan introduced Boy Scout Dan Hassle to the viewing audience. Dan informed the Board and viewers that he was looking for an Eagle Scout project and was possibly interested in helping with the Town’s Asian Beetle problem. Sel. Sullivan offered his services as an Eagle Scout Advisor.
Tree Removal – Howard Street
The Manager 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 7:25PM.
The Manager reported that the Town of Paxton has ruled that 27 trees along a portion of Howard Street in Holden need to be removed in order to widen the street to allow access to the Town of Paxton’s DPW crews. Both the Town’s of Holden and Paxton share portions of Howard Street.
Mr. Brian Landers, 57 Drexel Street, Worcester addressed the Board. He informed the Board that he owns 2.8 acres of land in Paxton where he intends to build a single family home. The Town of Paxton has informed Mr. Landers that he must widen and improve the drainage and condition along a portion of Howard Street that is in Holden. This will necessitate the removal of 27 trees. The Town of Paxton has declared that the 27 trees are too close to the road. The road will need to be widened in order for the Paxton DPW and the Paxton Fire Department to gain access to the property. Mr. Landers said that he hired an arborist to conduct a review of the trees. He submitted the arborist’s report to the Board. Currently, Mr. Landers said he has only conducted surveying and engineering studies on the
property.
The Chairman said that a number of the trees in the arborist’s report could be pruned and asked if pruning the trees, would this satisfy the Paxton DPW. This would leave approximately 20-21 trees that need to be removed. Mr. Landers said that future excavation on the property could damage the root systems on the remaining 6-7 trees.
Mr. Collin Novick from the Greater Worcester Land Trust addressed the Board. He said that the Greater Worcester Land Trust manages 1500 acres of land in the area involved, 200 acres of which abut Mr. Lander’s property. He said that he thought that the number of trees requested for removal is excessive for a single family home and that Mr. Landers was just creating a very long driveway. He suggested that by creating a private shared driveway off of Camp Street, Mr. Landers could access his property without removing the 27 trees. He said he would like to sit down with the Town of Paxton to see if a reasonable solution could be reached. Trees and stonewalls are considered a cultural and historic resource by the State of Mass.
Holden Tree Warden Bob Thayer, a forestry school graduate, addressed the Board. He said that he reviewed the trees in question and the building site. He said that many of the trees are older and under stress or dying. Professional impact would create little environmental impact on the property. In the interest of Public Safety, he recommended the removal of the trees.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO CLOSE THE PUBLIC HEARING AT 7:47PM.
The Board discussed the removal and pruning of the 27 trees along Howard Street. Sel. O’Brien encouraged the applicant and a representative from the Greater Worcester Land Trust to try to work out a compromise.
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 3-1 WITH 1 OPPOSED TO APPROVE THE REMOVAL OF AT LEAST 19 AND UP TO 27 TREES AND PRUNE WHERE NECESSARY THE TREES ON THE SECTION OF HOWARD STREET IN HOLDEN, MA AS RECOMMENDED BY THE HOLDEN TREE WARDEN IN HIS JULY 15, 2008 MEMO AS A REQUIREMENT TO ENSURE PUBLIC SAFETY. (OPPOSED: O’BRIEN.)
Selectmen Miscellaneous
Sel. Ferguson: 1. Requested an update on the search for a Water Superintendent.
Sel. O’Brien: 1. Recognized the Sponsors of Holden Days.
2. Requested an update on the fee structure for fire protection services. This is a repeat of a request from April ’08. The Manager said he would follow up with this request in October.
3. Requested an update on the progress made with road paving in town.
4. Requested an update on the Salisbury Street sidewalk construction project. Town is waiting for gas company to progress with its project in this area in order to piggyback the project. Gas company has been delayed in its plans.
5. Sel. O’Brien expressed his displeasure with the manner in which the financial details of the Water/Sewer budget during budget review in Spring ’08. He said that he felt that the Manager did not accurately disclose these financial details to the Board of Selectmen. He requested that the Board move into Executive Session to discuss a timeline of these events. Deputy Town Counsel Madaus responded to Sel. O’Brien’s request. Since Sel. O’Brien’s comments are in the form of a complaint, there are certain legal procedures that must be followed. The complaint must be filed with at least two days notice in order to schedule a meeting and the person named in the complaint can choose whether the meeting is scheduled in an open session or an executive session. The Board must
determine if they wish to pursue this complaint which will trigger the notification period. Sel. O’Brien said he has written a detailed document to create a timeline of events that took place.
Sel. Ferguson said that she had prepared a statement to express concern and disappointment of the situation but was not prepared to take disciplinary action. She hoped that this statement would allow the situation to move on. The Chairman asked that the Board consider allowing Sel. Ferguson to read her motion during Sel. Miscellaneous. Additionally, he suggested that Sel. O’Brien and the Chairman sit down with the Manager to engage in dialogue regarding Sel. O’Brien’s concerns/issues in order to resolve them.
Sel. Ferguson read her statement into record. She said that the Board of Selectmen wished to be on record expressing its disappointment with the Administration’s handling of recent water and sewer issues, including the blatant lack of communication of important information pertaining to infrastructure and the need for rate increases. Furthermore, that the Board expects detained monthly reports from the administration regarding water and sewer accounts, infrastructure, and maintenance programs.
Deputy Town Counsel said that further discussion could trigger the complaint statute.
A motion was made by Sel. Ferguson and seconded by Sel. White to discuss that the Board of Selectmen wished to be on record expressing its disappointment with the Administration’s handling of recent water and sewer issues, including the blatant lack of communication of important information pertaining to infrastructure and the need for rate increases. Furthermore, that the Board expects detailed monthly reports from the administration regarding water and sewer accounts, infrastructure, and maintenance programs.
Sel. Sullivan made a point of order that the Board was directly contradicting its policy of not making motions during Sel. Miscellaneous and said that this discussion was heading into the direction of a witch hunt. He said that the issue should have it’s own agenda item. He said he felt that this was a counterproductive waste of intellectual time discussion and that the Board needed to focus on the future and correcting past actions.
The Chairman said that it was his purgative to pursue this discussion unless the Board directed him not to. Sel. Sullivan said he objected to the continuation of this discussion. No one else objected to continuing the discussion. The Chairman said he would continue. He said that this was an important issue to the taxpayers.
Deputy Town Counsel Madaus cautioned the Board that the deliberation should not be on procedural matters and the Board should refrain from expanding beyond Sel. Ferguson’s motion.
Sel. Sullivan said that the Board was discussing this in front of the Manager who has not been asked to respond. The Manager said that he had many things to say but could not respond to a written report and a motion that he had not seen or heard until tonight.
The Board had discussion on what constituted a public document (Sel. O’Brien’s timeline). Sel. O’Brien said that he had prepared the report and referenced it, but had not shared it with anyone else and it therefore was not a public document.
Motion by Sel. Ferguson, seconded by Sel. White, it was VOTED 3-1 WITH 1 OPPOSED TO DISCUSS THAT THE BOARD OF SELECTMEN WISHED TO BE ON RECORD EXPRESSING ITS DISAPPOINTMENT WITH THE ADMINISTRATION’S HANDLING OF RECENT WATER AND SEWER ISSUES, INCLUDING THE BLATANT LACK OF COMMUNICATION OF IMPORTANT INFORMATION PERTAINING TO INFRASTRUCTURE AND THE NEED FOR RATE INCREASES. FURTHERMORE, THAT THE BOARD EXPECTS DETAILED MONTHLY REPORTS FROM THE ADMINISTRATION REGARDING WATER AND SEWER ACCOUNTS, INFRASTRUCTURE, AND MAINTENANCE PROGRAMS. (OPPOSED: SULLIVAN.)
The Chairman directed Sel. O’Brien to make an appointment with the Manager to discuss his open issues with the Manager.
The Manager said that he could not participate in a private discussion regarding a disciplinary action toward him. He said that there was nothing that could not be discussed in public and that he would not agree to discussing the subject in an Executive Session meeting.
The Chairman said that the meeting was to clarify Sel. O’Brien’s questions.
The Manager said that if Sel O’Brien wanted answers to his questions he should submit them in writing.
Sel. O’Brien agreed to submit his questions to the Manager.
Sel. Sullivan: 1. Acknowledged the passing of Tex Melendy, a Boy Scout volunteer in Town.
2. Requested the recognition of the recent retirement of long standing Town employees.
3. WRTA problems continue. Town Service has been cut to residents creating difficulty to Para-Transit services to certain handicapped residents. The Administration continues to stay involved with these cases and will report back.
4. What is the Boards intention regarding implementation of Water/Sewer capital plan improvements? Sel. O’Brien suggested scheduling a discussion on a future agenda. The Board would also like input from the Water/Sewer Advisory Board with their recommendations so the Board can incorporate these into their discussion. The Water/Sewer Advisory Board will meet at the end of September.
Sel. White: 1. Reminded the viewing audience that every member of the Board is concerned with the welfare of the Town.
Selectmen Subcommittees
Sel. Sullivan: EMS: Waiting for implementation process to begin.
Holden Community Outreach: Continues to meet. Committee is looking for volunteers.
Sel. Jumonville: CRA: Next meeting will occur in early September.
Sel. White: PSBC: Design Development drawings are nearing completion and have been sent to a cost estimator. Next meeting is September 3rd at 6PM at the Light Department.
Sel. O’Brien: EDC: Will meet in beginning of September.
Water/Sewer Advisory Board: Meeting at the end of September.
Sel. Ferguson: Affordable Housing: Reported on the August 26th meeting to discuss Holden Hill’s inability to sell its affordable units. Town is currently at 6.5% of its 10% AH goal. The Chairman asked that Sel. Ferguson’s report be attached to the minutes and entered into record.
Holden Tomorrow: Committee will present to Selectmen at the September 15th meeting.
10. Approval of Previous Minutes
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was VOTED 4-0 TO APPROVE THE MEETING MINUTES OF AUGUST 11, 2008.
Adjournment
Motion by Sel. Sullivan, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ADJOURN THE SEPTEMBER 2, 2008 MEETING AT 8:51PM.
Approved: September 15, 2008
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