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12/19/2011
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
DECEMBER 19, 2011

6:30PM                                                                                  Memorial Hall

Present:                Chairman Robert Lavigne, Kenneth O’Brien, Anthony Renzoni,
James Jumonville (arrived 7:07PM), Kenneth Lipka

Others Present: Nancy Galkowski, Town Manager
                        Robert Martin, Town Counsel
                        Elizabeth Helder, Recording Secretary

Chairman Lavigne opened the meeting at 6:30PM.  The Board participated in the Pledge of Allegiance.  
Chairman Lavigne participated in a moment of silence for fallen Worcester Fire Fighter John Davies.

Selectmen Appointments, Licenses and Permits

Motion by Sel. Renzoni, seconded by Sel. O’Brien, it was VOTED 4-0 TO APPROVE THE THREE ANNUAL LICENSES ON THE WHITE SHEETS THAT ARE IN COMPLIANCE AS PRESENTED BY THE ADMINISTRATION.

The Manager said that two establishments in Town, McDonald’s and Quik Mart, remain not in compliance with their annual license renewal.  She recommended that the Board approve the licenses subject to receipt of the appropriate documents.  If these establishments do not achieve compliance of their license, they will not be allowed to conduct business as of 1/1/12.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-0 TO APPROVE THE TWO ANNUAL LICENSES ON THE WHITE SHEETS THAT ARE NOT IN COMPLIANCE SUBJECT TO RECEIPT OF THE APPROPRIATE DOCUMENTS AS PRESENTED BY THE ADMINISTRATION.

Town Manager’s Miscellaneous

The Manager reported that Dennis Lipka, Director of Growth Management recently attended a meeting of the Central Massachusetts Municipal Recycling Council where he accepted a certificate for the Town’s outstanding recycling program.  Holden’s household average is 700 pounds of recyclables per year.  This is almost double the State average of 400 pounds her household per year.  The Manager thanked the residents of Holden for their continued commitment to recycling: not only is recycling environmentally friendly, it also reduces the town’s disposal costs.
The Manager informed the Board that in the spring of 2011, the town received a grant to purchase two recycling containers.  Ms. Galkowski said the containers had been delivered and are now available for use.  The first container will be used for single stream recycling and will be located at the Public Works garage on Adams Road.  The container will be available to residents who are not able to partake in the recycling program or find that they have extra recycling during the off-weeks.  The seconded container will be dedicated for rigid, bulky plastics and will be located at the Wachusett Watershed Regional Recycling Center, 131 Raymond Huntington Highway, West Boylston.  Residents are encouraged to bring large plastic chairs or children’s play items during the center’s operational hours on Wednesday afternoons and the third Saturday of each month.  The Manager said she did not believe that there was a charge associated with the recycle of bulky plastic.
The Manager said the town had received the final reimbursement in the amount of $374,819 for costs associated with the December 2008 Ice Storm.  The Accounting office will determine what portion of the reimbursement will be payable to the enterprise funds and the general fund.  The Manager and the Selectmen extended their thanks to former State Representative Evangelidis, current State Representative Ferguson, and Senator Harriet Chandler for their efforts in obtaining the reimbursement.

The Board reviewed a revised room use policy.  The Manager said the revised policy is to provide a consistent policy for all of the meeting rooms being used by the public.  The Manager explained that Official Town functions would continue to have priority on the use of the meeting rooms.  Not for profit Holden-based groups will be given a reduced rate for the use of municipal facilities.  Beginning July 1, 2012, the fee for meeting space for non-profit organizations will be $5.00 per meeting.  The charges being imposed will help to recover some of the costs to operate the buildings such as heat, air conditioning, electricity and maintenance.  Town Counsel reviewed the policy. The Manager said she would sit down with groups who use the facility on a regular basis to review the usage requirements with them.  However, the Town Manager said she was the ultimate authority to determine the use of municipal buildings.  Town Counsel concurred, adding that the provision for authority was in the Town Charter and that the decision was purely within the Manager’s prerogative.  The Board has no say in the use of municipal buildings and grounds.  Any changes to that policy would have to be made within the Town Charter.  Sel. O’Brien said he would like to attain consensus among the Manager and the Board and said he respectfully disagreed with Town Counsel.  He said he was not in favor of leveling fees against groups to use buildings their tax money pays for.  The Manager said she would be happy to have the discussion off camera.  Sel. O’Brien disagreed adding it was a policy for the public that would affect many groups.  The Chairman suggested scheduling the discussion on a future agenda.  The Manager reiterated that she was willing to discuss any issues with any of the user-groups.  She said it was as close as a policy as it was going to be.  The buildings are for the use of all citizens in Town and need to be maintained properly.  Chairman Lavigne suggested that the Board allow the Manager to meet with the user-groups and encouraged anyone involved to reach out to the Selectmen as well.  Ms. Galkowski said that the fee policy is in line with what the school district charges for use of school buildings.  Sel. Renzoni said that he did not like the policy and felt the policy should be fine-based where users would incur a fine if they left the building a mess after using it.  He said he would rather be proactive and felt that it was a shame that the Girl Scouts had been chased out of these public buildings.  These meeting spaces will become unattainable to those groups that cannot afford to use them.  Sel. O’Brien thanked the Manager for the hard work that went into the policy revision acknowledging that it was a thankless job.
The Board reviewed the Revenue and Expenditure Report for the period ending November 2011 as prepared by Town Accountant Lori Rose.
The Manager reminded the Selectmen and residents that all town offices will be closed on Monday, December 26, 2011 and Monday, January 2, 2012 in observance of the holidays.

Police Chief George Sherrill

Police Chief George Sherrill presented Officers Adam Porcaro and John Bourget with recognition for outstanding work performed in the line of duty.   On October 25, 2011, Officers Porcaro and Bourget conducted a motor vehicle stop and arrested several members of a dangerous gang from Worcester.  Chief Sherrill said that the Officers recovered several loaded weapons, which gang members would have used against the Officers, if not for police vigilance and hard work.  The Chief commended the Officers for making Holden a safer community.

Chief Sherrill announced that the Town had received a Pedestrian Safety Award of Excellence for the achievement of thirty years or more with no pedestrian fatalities from AAA of Southern New England.

Chief Sherrill announced that the Town had received a Gold Award in recognition of the Town’s outstanding achievements in traffic safety and the continuing efforts of the Police Department to educate and protect the citizen’s of the community from AAA of Southern New England.

Chief Sherrill announced several upcoming presentations being conducted in the Public Safety Training Room at the Police Station.

On Wednesday, January 4, 2012, from 9AM-12PM, a presentation on lessons learned from the worst mass murder in Connecticut history will be given by Chief Marc Montminy.  Interested parties should RSVP to Det. Sgt. Chris Carey at 508-210-5612 or www.ccarey@holdenma.gov.

An FBI LEOKA (Law Enforcement Officers Killed & Assaulted) Program for Officer Safety and Survival Training will be offered to law enforcement professionals courtesy of the FBI, starting on Thursday, January 12, 2012 from 8:30AM-12:30PM at the Holden Public Safety Building.  The program will be offered on 6 Thursdays and will also include a tour of the Worcester House of Correction and the State Police barracks in Holden.  Chief William D. Baker, a former police Chief in Maine, Massachusetts, and New Hampshire will conduct the program.  Interested parties should RSVP to Det. Sgt. Chris Carey at 508-210-5612 or www.ccarey@holdenma.gov.

Dr. Marieke Liem, Visiting Professor of Criminology at Northeastern University will explore the mind of Anders Breivik, who killed almost 80 people in the summer of 2011 in an Oslo bombing and shooting rampage in Norway.  Dr. Liem is a forensic psychologist, who is often called upon to examine and interview individuals who have committed dangerous acts of violence.  The program will be offered on March 1, 2012 at 10AM at the Holden Public Safety Building.

Chief Sherrill noted that Lt. Armstrong of the HPD conducts ten minutes of daily police training with an individual officer each day in the Training Room.
Chief Sherrill announced that the Holden Police Department recently received grant money to conduct victim training for its staff.

Chief Sherrill commented that first rate training is being conducted in the Public Safety Community Room.  The Manager agreed with Chief Sherrill adding that it allows all Town staff to conduct and participate in training without incurring any travel or expense.

Citizens’ Address

No one came forward to address the Board.

Public Hearing – Papa Gino’s – Liquor License/Change of Manager

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING AT 7:06PM.

The Manager read the notice into record.  She said the license has been recommended for approval

No one from Papa Gino’s was available to attend the meeting.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 7:07PM.

Sel. Jumonville arrived at the meeting at 7:07PM.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-0-1 WITH 1 ABSTAINED TO APPROVE THE APPLICATION OF PAPA GINO’S INC., FOR A CHANGE OF MANAGER FROM STEVE ALARIO TO EARL ROBERT SWEAT ON THEIR RESTAURANT WINE & MALT BEVERAGES LICENSE AS PRESENTED. (Abstained: Jumonville.)

Approval of Previous Minutes

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was 3-0-2 with 2 abstained UNANIMOUSLY VOTED TO APPROVE THE DECEMBER 5, 2011 INTERVIEW MEETING MINUTES AS PRESENTED. (Abstained: Jumonville, Lavigne.)

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE DECEMBER 5, 2011 MEETING MINUTES AND TO AMEND THE EXECUTIVE SESSION MOTION TO READ “… 8:44PM under mgl c30a, section 21 for the purpose of a strategy session in preparation …”.

Sel. Subcommittees

Sel. O’Brien: MSBC: The MSBA has approved Gary Kaczmarek as the Owner’s Project Manager.  The OPM will now meet with the MSBA to discuss the RFS process.  The Committee will meet in the New Year.
Open Space: Will meet in January 2012.
Sel. Lavigne: PSBC: Met December 7, 2011.  Next meeting is December 21, 2011.
EDC: Working on a meeting date.  

Sel. Jumonville: Skate Park:
Memorial Day Parade: Will meet in on January 11, 2012 at 7PM.

Sel. Renzoni: W/S Advisory: Will meet before the end of the year.  Anyone interested in serving on the Committee should fill out a Do Something questionnaire at the Town Manager’s office.
Master Plan: Met on December 13th to discuss land use, Main Street traffic and factors impacting flow and volume, reviewed a revised sidewalk plan in time for FY13 budget planning, and will schedule a joint meeting between the Master Plan, Traffic and Circulation Committee and Planning Board in January 2012.

Sel. Lipka: Power Advisory Committee: Will meet in January 2012.
Affordable Housing: Has not met.

Public Hearing – Holden Fuel, Inc. - Liquor License/Transfer of Ownership

Motion by Sel. Lavigne, seconded by Sel. Lipka, IT WAS UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING AT 7:16PM.

The Manager read the notice of public hearing into record.

Attorney Brian Forts addressed the Board to represent Mar-Jac, Inc.  No employee changes are expected in the transfer of ownership.

Sel. O’Brien commented that Mr. Namiotka would be missed as a businessman in Town.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 7:19PM

Sel. O’Brien commented that the Mobil Station did not pass a recent under-age drinking purchase of alcohol test conducted by the Holden Police Department on October 28, 2011.  Mr. Forts stated that the new owner had purchased a special license card reader to help combat fraudulent ID’s.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE APPLICATION OF HOLDEN FUEL, INC. RICHARD S. DAVENPORT, MANAGER, FOR A TRANSFER OF RETAIL PACKAGE GOODS STORE WINE AND MALT BEVERAGES LICENSE PRESENTLY HELD BY MAR-JAC CO., INC AS PRESENTED.

Remote Meeting Participation

The Manager reviewed the policy with the Board in order help them to fully understand the sweeping changes being made by the Legislature to the Open Meeting Law.  She recommended that the Board vote to endorse the Remote Participation Policy as recommended.  There is no cost associated with the policy.  Chairman Lavigne said he supported the policy adding that it will help committees to achieve a quorum when members are travelling and unavailable to physically attend a meeting due to a work-related or personal issue.  It is hard to get people to volunteer and this might help to fill committees.

A motion by Sel. Renzoni was seconded by Sel. Lipka to discuss that committees, boards, and commissions, in the town of Holden shall be allowed to provide remote participation at meetings in compliance with 940CMR 29 by the use of telephone technology effective for all meetings held after January 15, 2012.   it was voted 4-1 with 1 opposed to endorse

Sel. Jumonville said he would not support the motion.  He said that when a resident commits to serving on a committee, they should participate in person.

Sel. Renzoni concurred that Sel. Jumonville made some points that are important.  However, it is a sign of the times that people travel or commute for work and this will allow people who want to serve on a committee but are afraid to do so because they feel they cannot attend meetings due to work related commitments.  Sel. O’Brien also added that it would help committees to make decisions faster without having to delay the issue of certain licenses and permits that cannot be granted due to lack of a quorum.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-1 WITH 1 OPPOSED TO ENDORSE THAT COMMITTEES, BOARDS, AND COMMISSIONS, IN THE TOWN OF HOLDEN SHALL BE ALLOWED TO PROVIDE REMOTE PARTICIPATION AT MEETINGS IN COMPLIANCE WITH 940CMR 29 BY THE USE OF TELEPHONE TECHNOLOGY EFFECTIVE FOR ALL MEETINGS HELD AFTER JANUARY 15, 2012.   (Opposed: Jumonville.)

Selectmen’s Miscellaneous

Sel. Renzoni: 1. Sat down with the Director of Admissions at Monty Tech on December 16th.  Holden’s enrollment at the school is up 30% from 2010.  The School is interested in doing a work project for the Town.
2. Received calls from residents who have been solicited by the Massachusetts Veteran’s Support Foundation, Inc.  Sel. Renzoni said that he spoke with the President of MVSF who said that he could not guarantee that any donations made by Holden residents would be given back to a Holden Veteran.  While legal, this is not honest.  Sel. Renzoni said he had reported the organization to the Holden Police Department and Better Business Bureau.  He encouraged any resident who wants to donate to a local veteran, to donate to the Holden American Legion.

Sel. O’Brien: 1. Attended two Eagle Scout ceremonies to present Eagle Scout Awards.
2. 1700 Wee-Aide boxes were delivered locally.
3. Reported that the American Flag at Big Y is not illuminated at night.  The Manager said she would speak with the Manager at Big Y.

Sel. Lavigne: 1. Asked the Manager to invite a Holden School Rep. to a Board meeting each month to improve communications.
2. Asked the Manager to schedule a regional meeting involving Finance Committees, Selectmen, and the School District in addition to local Senators and Representatives in March 2012.

Executive Session

Motion by Sel. Renzoni, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION AT 7:43 PM UNDER MGL C30A, SECTION 21 FOR THE PURPOSE OF A STRATEGY SESSION IN PREPARATION FOR NEGOTIATIONS WITH NON-UNION PERSONNEL AND RETURN TO REGULAR SESSION FOR ADJOURNMENT PURPOSES ONLY.  ROLL CALL: LIPKA: YES; O’BRIEN: YES; RENZONI: YES; LAVIGNE: YES; JUMONVILLE: YES.

10. Adjournment

Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO ADJOURN THE DECEMBER 19, 2011 MEETING AT 9PM.

APPROVED: January 17, 2012