HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
JULY 26, 2010
6:30PM Senior Center
Present: Chairman David White, Kimberly Ferguson, James Jumonville (arrived 7:30PM),
Anthony Renzoni, Robert Lavigne
Others Present: Nancy Galkowski, Town Manager
Stephen Madaus, Town Counsel
Elizabeth Helder, Recording Secretary
Chairman White opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance.
Chairman White said that Sel. Jumonville would arrive late to the meeting.
1. Selectmen Licenses and Appointments
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A PUBLIC ENTERTAINMENT LICENSE TO JEN STANOVICH ON BEHALF OF THE HOLDEN AREA CHAMBER AT THE BUBAR FIELDS FOR HOLDEN DAYS ON FRIDAY AUGUST 27, 2010 FOR SET UP STARTING AT NOON AND SATURDAY, AUGUST 28, 2010 FROM 8AM-3PM.
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A PUBLIC ENTERTAINMENT LICENSE TO JEN STANOVICH ON BEHALF OF THE HOLDEN AREA CHAMBER FOR THE DAMON HOUSE LOT AND GREEN SPACE FOR HOLDEN DAYS ON FRIDAY AUGUST 27, 2010 FOR SET UP STARTING AT NOON AND SATURDAY, AUGUST 28, 2010 FROM 8AM-3PM.
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO JEN STANOVICH ON BEHALF OF THE HOLDEN AREA CHAMBER FOR A FOOD COURT AT THE DAMON HOUSE LOT AND GREEN SPACE FOR HOLDEN DAYS ON SATURDAY, AUGUST 28, 2010 FROM 8AM-3PM.
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO JEN STANOVICH ON BEHALF OF THE HOLDEN AREA CHAMBER FOR A FOOD COURT AT THE BUBAR FIELDS FOR HOLDEN DAYS ON SATURDAY, AUGUST 28, 2010 FROM 8AM-3PM.
Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO APPROVE THE LIST OF PROPOSED ELECTION OFFICERS AS SUBMITTED BY THE REPUBLICAN AND DEMOCRATIC TOWN COMMITTEES ALONG WITH THE NAMES OF UNENROLLED VOTERS SUBMITTED TO THE TOWN CLERK’S OFFICE FROM SEPTEMBER 1, 2010 TO AUGUST 31, 2010 AS PRESENTED.
The Board discussed the reappointment of Mary Shepherd to the Cultural Council. It was determined that Mrs. Shepherd is currently fulfilling a one-year term on the Cultural Council. The Manager said she would look into how long the reappointment period is for and report back to the Board.
The Board considered the “Do Something” questionnaire of Michael B. Elmes. Mr. Elmes submitted the application to serve on the Historic District Commission.
The Board directed the Manager to invite Mr. Elmes to meet with the Board for an interview prior to the August 17, 2010 meeting.
2. Holden PD State Certification Plaque – Chief Mark Leahy, Northboro
Police Chief Sherrill presented Police Chief Mark Leahy of Northboro, MA. Chief Lahey serves as the Commissioner of the Massachusetts State Police Accreditation Commission.
Chief Leahy explained that the Massachusetts State Police Accreditation process ensures that the Holden Police Department adopts and operates the best practices in law enforcement. He commended Police Chief Sherrill and the Holden Police Department’s officers and employees for opening their doors to the Assessment Team to allow them to the scrutinize the department’s practices and policies. He added that out of approximately 390 police departments in the Commonwealth, the Holden Police Department is the 11th in the State to achieve this accreditation. The accreditation is for a term of three years.
Chief Sherrill thanked Chief Lahey and the State Police Accreditation Commission for the award. He presented the plaque to Lt. Armstrong who spearheaded the accreditation team and the assessment process.
3. Ch. 61 Land, Reservoir Street – E. Drawbridge – Notice of Intent to Sell and Convert to Residential Use
Town Manager Galkowski presented the Board with a notice received by the Holden Board of Assessors of the notice of intent to sell and convert to residential use a portion of Chapter 61 Forest Land, Map 183, Part of Parcels 15 and 5 on Reservoir Street owned by Elaine Drawbridge. The Manager explained that the Town has an option to purchase classified land whenever an owner plans to sell or convert it to residential, commercial, or industrial use. She said the Selectmen would need to take action on this matter and hold a public hearing.
Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO HOLD A PUBLIC HEARING ON AUGUST 16, 2010 REGARDING THE NOTICE OF INTENT TO SELL AND CONVERT TO RESIDENTIAL USE A PORTION OF CHAPTER 61 FOREST LAND, MAP 183, PART OF PARCELS 15 AND 5 ON RESERVOIR STREET OWNED BY ELAINE DRAWBRIDGE AS RECOMMENDED BY THE ADMINISTRATION.
4. Town Manager’s Miscellaneous
1. The Manager reported that the brush fire that occurred between Chapin Road and Sycamore Road from
July 6, 2010 through July 10, 2010 was spread over 30 acres of remote and difficult terrain. Thanks go out to
the Holden firefighters and the area firefighters who battled the fire in high humidity and temperatures in the
90’s over the four-day period. Special thanks go out to the groups that provided food, water, and support to
the fire crews. The Board extended its gratitude to all involved for their efforts during the event.
2. The Manager announced that installation of solar panels at the Senior Center will begin August 2, 2010
and should be operable for Holden Days. Installation of solar panels at the Light Department will begin in
September.
3. Jane Dutton, Director, Gale Free Library reports that FY 2010 proved to be a record setting year for the
Library. The Library ended the year with a circulation of 333,452 items; 3003 items more than FY2009. On
July 6, 2010, during the heat wave, the Library experienced visits of 800 patrons and double the normal
circulation.
4. The Manager updated the Board on the replacement of the West Mountain Street Meter Vault. The City of
Worcester reports that the vault is taking longer than anticipated to fabricate and is now on the early to mid
August 2010 delivery schedule. Once delivered to the site, the project will take approximately 5-7 days to
install – completed with the compound meter/taps/etc.
Chairman White commented that the City of Worcester’s DPW has dragged it’s feet to fix the broken vault for more than a year. The Worcester DPW did not give the Town the same consideration when it back-billed the Town 5-years for the faulty Doyle Rd. Water Meter. The under-recording of the West Mountain Street meter has been occurring for approximately 3 years and the Town has been more than generous with the repair timetable.
Sel. Renzoni inquired from DPW Director Jim Shuris what the current estimate in back fees for the broken vault and meter that was owed to the Town? He asked Mr. Shuris to email the answer to the Board. Additionally, he asked how far back the Town will bill the City of Worcester and what the City of Worcester is billing its customers for this water?
Jim Shuris said he did not recall the duration of the billing period that Worcester will be charged
The Board directed the Manager to research previous correspondence from the Town Manager’s office regarding these back-billing questions.
5. The Manager informed the Board that the appeal of the Selectmen’s decision of June 7, 2010 to euthanize
the dog named Misjif, owned by the Cripps family of Shrewsbury Street, was held before the Clerk-Magistrate
on July 20, 2010. The Clerk heard testimony from Holden Animal Control Officer Sendrowski and Police
Chief Sherrill on the events that led to the Board’s June 7th decision. According to testimony provided by the
Cripps’, the dog was scheduled for an evaluation at Tufts on July 22, 2010. The Clerk requested an
opportunity to review the report prior to making a final determination in the case. A copy of the evaluation
from Tufts will be forwarded to the Town Animal Control Officer when it is complete. The Clerk-Magistrate
has given the Town two weeks to review the report prior to the next hearing date at which time the Town can
challenge or support the recommendations of the evaluation. In the meantime, the Manager said that the
Selectmen’s order still stands.
Town Manager’s Miscellaneous was interrupted to proceed with the Lloyd Starbard Scholarship recipient.
5. Lloyd Starbard Scholarship – Anthony Oberg, Recipient
Sel. Renzoni introduced Mr. Roger Starbard and Mr. Anthony Oberg, the 2010 recipient of the Lloyd Starbard Scholarship. Mr. Oberg was awarded a $600 scholarship, which he will apply towards his education expenses. The Board wished Mr. Oberg the best of luck in his academic efforts.
6. Citizens’ Address
No one came forward to address the Board.
Town Manager’s Miscellaneous (reopened)
6. The Manager said that recent changes in the sales of alcohol on Sundays will now allow the Board of
Selectmen as the awarding authority permission to choose to allow any or all Section 12 license holders to
start selling alcoholic beverages as early as 10AM on Sundays.
The Board discussed the option of holding a public hearing regarding the new law.
Attorney Madaus commented that the Board could vote to opt-in to the new law consideration as a
local acceptance and then take each change on a case-by-case basis.
The Board agreed to take the matter under advisement.
7. The Manager reported that the Town received a check in the amount of $40,177 as its share of the
Wachusett Area Emergency Services Fund. This amount is approximately 15.8% lower than prior years due
to the sharp decline in the financial markets in the 2008 calendar year.
8. The Manager announced that Ms. Jean Berg, Treasurer/Collector and a Town employee for 34 years will
retire as of August 31, 2010. Her last day of work will be August 20, 2010.
Additionally, the Manager announced that Liz Arguin, Senior Clerk in the Town Manager’s office has accepted the position of Senior Clerk in the Town Clerk’s office effective August 2, 2010.
9. The Manager informed the Board that the T-Mobile suit against the Holden Historic District Commission
was settled on July 23, 2010. T-Mobile sued the Holden Historic District Commission (HDC) for denial by
the HDC of an application for a certificate of appropriateness to install, operate, and maintain a proposed
wireless communications facility within the existing steeple and church of the First Congregational Church
located at 1180 Main Street. The settlement will allow T-Mobile to install its wireless communications facility
while preserving the historical features of the building and the church will benefit from the revenue.
Attorney Madaus said that the Board should release all executive session meeting minutes pertaining to
this lawsuit.
7. Sewer Capacity and Expansion – FY10 Year End Water/Sewer Enterprise Fund Balance
The Town Manager introduced Town of Holden Engineer Mr. Jim Zingarelli. Mr. Zingarelli presented a memorandum outlining the how he calculated the Town’s available sewer capacity. Mr. Zingarelli said it is difficult to calculate the Town’s capacity due to water conservation efforts by residents who are using less water and purchasing energy/water efficient products in their homes, and the recession causing many commercial property vacancies. Inflow and infiltration of groundwater from heavy rainy periods also have an effect on the calculation process. The Town continues the process to remove I&I from the system. Last targeted “wet areas of town” I&I study was performed in 2004 and identified 160,000 gallons of water per day. Using 208 gallons per day as the average flow rate
of an average household and conducting a study for the period ending September 30, 2008 through December 31, 2009 calculations show extra capacity for 38 and 90 homes respectively. In another case, a study using the period ending September 30, 2009, the calculation indicates that the capacity was exceeded by 142 homes. Mr. Zingarelli said that the calculations show that Holden needs to act soon to develop a policy regarding how to allocate its dwindling reserve of sewer capacity.
Sel. Jumonville arrived to the meeting at 7:28PM.
Sel. Renzoni said capacity numbers fluctuate so wildly, and the calculation process seems very complicated. He said the Town needs more information/analysis on the calculation process.
Sel. Ferguson commented that residents are conserving water. The DPW needs to continue its promotion of residential conservation efforts.
DPW Director Jim Shuris said the town is proceeding with a 50K study to analyze data and receive recommendations for further I&I removal. However, the money will only identify I&I issues; none of the money will be used to actually correct the problems. The studies conducted in 1998 and 1999 removed the most I&I. The most recent study conducted in 2006 did not recover enough I&I to pay for the cost of the study. He described the calculation process as a “moving target.” Sel. Ferguson commented that she was frightened by the historically huge swings in I&I study numbers showing how inaccurate the sewer capacity numbers actually are. The I&I study will begin in several weeks and will take 6-8 weeks to complete.
Chairman White commented that it was dangerous to not include unoccupied commercial facilities (Luddy Chevrolet, Reed Rico building etc.) in Town and not factor in some sort of metric measurement of their water consumption into the system and calculation process. Should the economy turn itself around and these buildings become occupied, they could quickly take up the remaining sewer capacity. These amounts need to be considered in the overall capacity number. He asked if there was a way for the Water Commissioners to put into place an I&I removal fund/charge where new large customers/ builders/developments could be assessed? The Manager suggested sending the suggestion to the Water/Sewer Advisory Board to assess the idea and report back to the board.
Attorney Madaus said that such a fee would have to be carefully crafted as not to have these new, larger customers to pay for the inadequacies of the system as a whole.
The Board agreed to ask the Water/Sewer Advisory Board to review the idea of assessing a user fee to help offset I&I to new large customers/buildings/developments and report back with its recommendation to the Board.
Additionally the Board needs to know if the Town can sustain some of the pending developments and their subsequent demand to the sewer capacity numbers. The Chairman said that he was referring to the 100+ dwelling units that are pending.
Sel. Renzoni inquired if the Town should establish a temporary sewer capacity moratorium until a recommendation is received from Town Counsel and the Water/Sewer Advisory Board. This moratorium would only apply to sewer expansion projects.
The Manager said that she would like to receive more feedback from the DPW and the W/S Advisory Board before setting a moratorium. She would like to receive a solid policy suggestion first.
Mr. Shuris and Mr. Zingarelli said that is was something to consider for new developments. The Planning Board should not be approving new 100+ developments. Sewer permissions have been extended by the Planning Board to the developments that are on the “pending development” list. The “pending developments” have been permitted but on not under construction. Mr. Zingarelli said he would provide the Board with an updated list of the pending developments that have and have not been granted sewer permits.
The W/S Advisory Board will meet on August 12th. Sel. Renzoni will attend the meeting.
Sel. Renzoni said the Board should act now to protect the future of the system. Where does the sewerage go when it “goes over?” Mr. Zingarelli said the DCR is working with the Town to stay on top of the situation and plan for the future. Mr. Renzoni said that the Board has been discussing this issue for as long as he has been sitting on the Board (approximately 15 months). He would like to know if the two experts in the room cannot provide the Board with an exact number, then who can?
Chairman White asked what the two professional engineers recommended that the Town do?
Mr. Scott Carlson, Chairman of the Water/Sewer Advisory Board said that until the I&I study tightens the numbers, the W/S Advisory Board cannot act.
Sel. Jumonville expressed concern about the sewer bottleneck being made by the agreement between Anna Maria College in Paxton and the Town of Holden regarding Anna Maria’s use of the Town’s trunkline. He said the DCR has not corrected the problem and it has been 5 years.
Finance Committee Chairman Alan Berg said the Board should also consider what will happen the capacity is gone? There are important financial points the Town needs to consider when regulating the existing sewer functions through the DPW and the Board of Health.
Sel. Jumonville asked about the Town of Rutland. He said they are at capacity and are trying to gain more capacity. How will that affect the Town of Holden?
The Manager said that what the Town of Rutland does, does not affect the Town of Holden. The DCR will make the ultimatum. Can the trunk line handle more capacity? Chairman White said that it is not about what the trunk line can hold, but what a Town’s allotted permit allows them to dispose at the Upper Blackstone.
Sel. Jumonville asked if the Town could apply for more sewer capacity? Mr. Zingarelli said that the City of Worcester determines whether the Town qualifies to pass more capacity through its pipes. The estimated cost to expand capacity is unknown.
Chairman White commented that Camp, Dresser & McKee, the Town’s consulting firm estimated the cost to bypass the City of Worcester trunk lines at 200M.
The Board agreed to place further discussion of the item on its September 7th agenda for discussion. Additionally it will review the Water/Sewer Advisory Board’s recommendation after its August 12th meeting.
Town Manager Galkowski reviewed a memorandum regarding the Town Accountants preliminary closing of the Water/Sewer Enterprise Fund for FY2009. She explained that the Fund shows a deficit of $97,104.81. First, the Town received in June 2010 an invoice from the MWRA for $120,000. Approximately $45,000 of the total is for the removal of debris from sewer trunk line (approx. 8.2 miles) during the December 2008 ice storm. The Town Manager said she recently learned that FEMA will not allow any further appeals for work conducted during the ice storm. The Town Accountant reports the Town has FEMA reimbursement money that could be used to offset the $45,000. The FEMA money will have to come before a Town Meeting for the transfer request. The remainder of the invoice ($75,000) is for MWRA O&M work on the
trunk line that occurred during July 1, 2009 through June 30th, 2010. The Manager said she had requested that the MWRA allow the Town to repay the O&M work over a three-year period. The payments would be made out of the general fund. She also reported that the Town made a payment in this fiscal year of $55,808.80 for MWRA maintenance work that was performed January 2009 through July 2009. The Town received this invoiced in November 2009.
Second, the Town has a $32,000 outstanding invoice from the Town of West Boylston for Holden’s share of a capital project at the Woodland Avenue Pumping Station. The Manager explained that she was in the process of negotiating the payment of the bill. She also notified the Board that the Town of West Boylston has informed the Town that they will invoice Holden for additional O&M work at the pump station in accordance with a 1999 agreement with the Town of West Boylston. The Manager said this was an unanticipated cost for FY2011. She said that the Town of West Boylston did not get pre approval from Holden before conducting the work at the pump station as required in the 1999 agreement.
Sel. Ferguson asked how the MWRA could change the rules regarding its billing practices in the middle of the year. How do they expect a community to come up with such a large amount of money with no warning?
Sel. Renzoni asked how the town did not catch these charges? He said the Town was $35K in the black in June and almost $100K in deficit one month later. Mr. Shuris said Water/Sewer revenue was more than 10% (6% water/4% sewer) below expectations combined with the receipt of unexpected invoices. Sel. Renzoni expressed concerns with real problems in the account.
Mr. Shuris commented that he did place a footnote in the budget regarding the anticipated MWRA maintenance. Mr. Shuris said that when he received the bill from the Town of West Boylston he checked the agreement, which requires pre approval from the Town of Holden for any work performed on the Woodland Pumping Station.
Chairman White commented that local contractors, not DPW employees, could have been hired to complete the tree work on the trunk line at a much cheaper rate than the MWRA charged.
Ms. Galkowski said that she wanted the MWRA to continue to maintain the trunk line since parts of it are difficult for DPW employees to access.
Sel. Lavigne said that this budget should be presented as a worst case scenario so that the town is not left in this type of situation each year.
The Manager said that the rate study being conducted by Camp, Dresser & McKee would not being completed for 3 or 4 months. The Manager said she was deeply concerned regarding the current deficit. She said the rates are seriously under funded allowing no flexibility in the budget.
Sel. Renzoni said the Town was operating an enterprise fund that could not pay for itself. He said he was not comfortable with guessing on how to raise the rates. The Town may not be able to fix the deficit for another 6 months, which will double the burden on the ratepayers in order to make up for 12 months of deficit. He expressed concern that if the water budget was 10% under purchased, then how does this affect the Town’s sewer capacity? If the residents had purchased the water that the DPW had budgeted and anticipated, then the Town’s sewer capacity would have been over its capacity. Then what would the town have done? He said that the Board had expected answers from its experts and are not getting them. He said he was concerned that the Board was getting pieces of information from
the DPW.
Chairman White concurred with Sel. Renzoni’s comments. What is the town’s potential worst case scenario?
Mr. Shuris said he would run a more recent usage analysis. Sel. Renzoni requested that he also run an analysis including the potential 10% water purchase by residents.
Selectmen Subcommittees
Sel. Jumonville: Memorial Day Parade Committee: Will not meet again until September.
Skate Park: Committee met on July 13th and reviewed the size of the potential park (two tennis courts), estimated cost ($200K), and the preferred site (Eagle Lake). The Committee also outlined a potential Request for Proposal to hire a designer to complete a schematic and cost estimate. The Committee anticipates creating public support, meeting with the Board of Selectmen, and coming before Town Meeting. Funding of the project with the Recreation Department is TBD. Next meeting is scheduled for August 10th at 5:30PM in the Selectmen’s Room.
Sel. Renzoni: Master Plan: Committee will meet at the next Selectmen’s meeting with the Historic District Commission.
Water/Sewer: Next meeting August 12th.
Sel. Lavigne: EDC: Committee has not met.
Open Space Committee: Committee has not met.
Sel. Ferguson: Affordable Housing Committee:
Electric Advisory Board: Will be notified of the next meeting
Sel. White: Public Safety Building Committee: Anticipated complete date has been moved to end of September with occupation date towards the end of October. A grand opening celebration will occur during Public Safety Day in Mid-November.
9. Selectmen Miscellaneous
Sel. Renzoni: 1. Did not submit any miscellaneous.
Sel. White: 1. School department will pay for the water meter replacement at Mountview School. To date, the replacement has not occurred. Improvements to the system will accompany the meter replacement. Sel. Ferguson asked for an assurance from the Town that the work will be completed prior to the start of school. The Manager will update the Chairman.
2. Thanked the Manager for cleaning up the overgrown vegetation along Holden Street. A maintenance plan for these sidewalks is being developed by the DPW for future use.
3. Inquired about having an emergency preparedness plan for the town. The Manager said that every emergency is different and requires a different response. The Town will work on conducting tabletop discussions/exercises regarding these types of situations and plans.
4. Dog park discussion. Chairman White said he has an interested resident who would like to help. The Town Manager said she has asked the Recreation Director to look into contacting WTAG regarding the closing of the Shrewsbury Street radio towers to the public. She said it is her hope to reopen the Towers and create possible solutions to the dilemma that dog owners face in trying to walk, exercise and socialize their dogs in a friendly, safe environment in Holden.
The Board conducted the Employee Appreciation luncheon at the end on June.
Sel. Ferguson: 1. Wachusett Food Pantry serves many in the region. Is there the possibility of relocating the food pantry to space within the old fire station when the new public safety building opens? The Manager said she is aware of the food pantry’s request. However, she said that the space needs of town offices and storage must come before a private, non-profit group. She said there are legal issues having a private, non-profit group working out of a town-owned building. The Manager said she has had preliminary discussions with Town Counsel. Chairman White said that one of purposes in keeping the old fire station was to alleviate space/storage issues in town. The building will not be available until June 2011 at the earliest.
Sel. Lavigne: 1. Discussed the possible implementation of an efficient electronic enrollment process for before/after school sign ups with the Recreation Department. Residents should not have to return home from vacation in order to sign up in person. He said he has received many complaints from residents regarding this process. The Town Manager said that one of the considerations of the request is complying with the “first come – first served” basis. While this program does not fill up, other programs do fill to capacity and require some human interaction. The Recreation Department will study the request and make a recommendation to the Town Manager. Sel. Ferguson commented that the Town of Shrewsbury recently converted to an electronic registration process and suggested it was
worth pursuing. Sel. Jumonville said that many of these programs have worked on a “first come - first served” basis for years and it is the only fair way to sign up. Chairman White said that some purchases (buying a pool pass) will work in an online process, while some program purchases will not (camp). The Manager said that the Town is sensitive to the issue.
10. Approval of Previous Meetings
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was VOTED 3-0-2 WITH 2 ABSTAINED TO APPROVE THE INTERVIEW MEETING MINUTES OF JUNE 21, 2010. (ABSTAINED: JUMONVILLE, LAVIGNE.)
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was VOTED 4-0-1 WITH 1 ABSTAINED TO APPROVE THE MEETING MINUTES OF JUNE 21, 2010. (ABSTAINED: LAVIGNE.)
11. Executive Session
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION AT 9:31PM TO DISCUSS LITIGATION AND RETURN TO THE REGULAR MEETING FOR ADJOURNMENT PURPOSES ONLY. ROLL CALL: JUMONVILLE: YES; FERGUSON: YES; LAVIGNE: YES; RENZONI: YES; WHITE: YES.
Adjournment
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ADJOURN
THE JULY 26, 2010 MEETING AT 9:49PM.
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