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10/17/2011
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
OCTOBER 17, 2011

6:30PM                                                                                  Memorial Hall

Present:        
Vice Chairman Kenneth O’Brien, Anthony Renzoni, James Jumonville, Kenneth Lipka

Absent:         
Chairman Robert Lavigne

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

Vice Chairman O’Brien opened the meeting at 6:30PM.  The Board participated in the Pledge of Allegiance.

Selectmen Appointments, Licenses and Permits

Vice Chairman O’Brien announced that prior to the meeting the Selectboard interviewed and appointed Ms. Michelle Leveillee to the Holden Historic District Commission to a term expiring December 31, 2013.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO JOANNE ROY ON BEHALF OF MAYO SCHOOL PTA FOR A BAKE SALE ON SATURDAY, OCTOBER 22, 2011 FROM 9:30AM – 3:30PM AS PRESENTED.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A PUBLIC ENTERTAINMENT LICENSE TO JOANNE ROY ON BEHALF OF MAYO SCHOOL PTA ON SATURDAY, OCTOBER 22, 2011 FROM 9:30AM – 3:30PM AS PRESENTED.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO SUSAN MCDANIEL CECCACCI ON BEHALF OF THE RED BARN FOR A BAKE SALE PENDING THE RECOMMENDATIONS OF THE BOARD OF HEALTH AS PRESENTED.

Town Manager’s Miscellaneous

The Town Manager informed the Board that the Town had been notified by Charter Communications of their intent to discontinue carriage of Youtoo, formerly known as AmericanLife TV Network (LAN), channel 103, on or after November 15, 2011.  Youtoo is a programming service provided through Digital View service.

Town Manager Galkowski informed the Board that the Town received notification on October 13, 2011 of the certified Free Cash in the amount of $1,453,351 as of July 1, 2011.  She explained that $431,265 of the total amount was from retaining a portion of last year’s free cash and not spending it.  The Manager added that positive year-end balances in the Water/Sewer Enterprise Fund of $108,284 and the Solid Waste Enterprise Fund of $61,515 were included in the Free Cash total.  The Manager reported that this is the first positive balance for the Water/Sewer Enterprise Fund in the past four fiscal years.  The Free Cash balance will be appropriated next year toward the fifth quarter payment.  The Solid Waste fund balance will ensure that the Town has a reserve to offset any rate increase in the near future.

The Manager reported that two Holden Police Officers have received training in the LoJack Safety New Program.  The LoJack product is a wristband worn by individuals who may become lost and confused, such as Alzheimer citizens or autistic children.  Once Police are alerted to the missing person, the LoJack system can be used to track and locate the individual.  LoJack will not begin marketing its tracking system in the area.  There is an initial one-time fee of approximately $100 for the wristband and a monthly charge of $30.

The Manager announced the DPW Fall Composting schedule.  Loose grass clippings and leaves will be accepted at the Composting Facility located at 560 River Street (the site of the former landfill) and Brush Chipping will take place at the Adams Road garage.  The dates include Saturday’s, October 22 and 29 and November 5, 12, and 19.  Additionally the DPW will be open on Friday, November 11.  Hours of operation are from 8AM – 2:30PM and proof of residency is required.

The Manager stated that the Town has been working with the Providence and Worcester Railroad to upgrade the railroad crossing at Bailey Road.  The company has indicated that they will replace the railroad ties and begin paving on November 11, 2011 at 6AM.  The road will be closed to through traffic until the afternoon of Monday, November 14, 2011.  As schools will be closed for Veteran’s Day on November 11th, school buses will only have to be rerouted on Monday, November 14th.  Residents should seek alternate routes during the weekend.

Town Manager Galkowski reported that the Town has implemented a new protocol for its web site and for all town emails.  The new web address is www.holdenma.gov.  The new address clearly identifies the town as a government entity and is the protocol that most cities and towns are now using.  Additionally, the email addresses for all town offices are now using the first initial last name@holdenma.gov example jsmith@holdenma.gov.  The Board of Selectmen members will each receive an address for official town business.  The email addresses on the Town’s web site will be changing to reflect this.  The Manager reminded Selectmen that most Town related email is considered a public record.  The Manager added that over the next several months the Town would install a new phone system in Town offices.  All of the existing town numbers will change.  As each building’s phone system is transferred, the general public and the Board members will be informed through the Town’s web site and media outlets.  

The Manager reported that the Holden Police Department would participate in the third National Prescription Drug Take Back on Saturday, October 29, 2011.  Residents can turn in their unused or expired medication for disposal from 10AM to 2PM at the Holden Public Safety Building located at 1370 Main Street.  There will be a drop off box in the lobby for the medication.  All drop-offs are anonymous and no paperwork will be necessary.  Needles and Epi-Pens will not be accepted.  Names and labels may be removed from the packaging.  All liquid medication should be in sealed containers.  Unused medication should never be disposed in the trash or in the sewer system.  Questions regarding the event should be forwarded to the Holden Police Department at 508-829-4444.

The Manager announced that the Holden Police Department would offer a Rape Aggression Defense Course starting on Wednesday, November 9, 2011.  The class will run on Wednesday nights from 6PM to 8PM for several weeks.  The cost of the course is $20.00.  The class is open to women only ages 14 and up.  Slots for the course fill on a first-come first-serve basis.  Interested women should contact the Holden Police Department and leave their name and phone number.  Questions about the class should be directed to Sgt. Sherblom at 508-829-4444.

Regionalization of Board of Health
The Town Manager introduced the Commissioner of Public Health for the City of Worcester Dr. McGee and the Director of Public Health for the City of Worcester Mr. Rendizzi to the Board.

The Manager informed the Board that she had been working with a group of 12 communities in the central Massachusetts region over the past year to develop a plan for regionalizing the functions of the Board of Health.  The 12 communities worked with a consulting firm to develop an implementation plan including a governance model and financial plan.  The goal is to remain budget neutral and to absorb any costs associated with the regionalization through the Public Health District Incentive Grant.  The Manager said that the Town’s current Health Agent primarily deals with the laws and regulations that the Board of Health is responsible for enforcing.  However, with only one health agent to perform the major regulatory services to the town, many other aspects of public health services are not being addressed.  With the combined resources of a regional district, the Town would be able to provide a much higher level of public health service to its citizens.  Under the proposal, the new Central Massachusetts Regional Health District would be governed by a Board of Directors made up of one voting member from each community and representatives from area hospitals, a community health center representative, and a representative from Accredited School of Public Health/Allied Health Services.  Another member from each community would serve on the Board but not have voting privileges.  The City of Worcester Public Health Department would host the district and employ all of the personnel from the district.  Local Boards of Health would retain all local authority.  The Town’s current Board of Health Agent would serve as the Town’s liaison and would be on-site in Holden 3-5 days/week.  Staff if the Growth Management office would continue to provide support to citizens throughout the week.  Other members of the regional team might conduct some services currently provided by the Town.  The Town would sign an Inter-Municipal Agreement with the City of Worcester to initially provide services.  She said the ultimate goal is to become an independent agency providing health services to all cities and towns participating in the district.  She said that financial aspects of the district are to be determined.  The process will be initiated through a state and federally funded implementation grant (DIG) over the next four years.  The available grant funding will allow the State to approve the implementation of five regional health district initiatives. 10 other regional collaboratives are vying for the implementation grants and the deadline for grant submittal is November 15, 2011.  The consultant working with the district will require the first two weeks of November to finalize the grant based on the communities who have opted to participate.  If approved for funding, the regional district would receive $100,000 in years 1 and 2, $75,000 in year 3, and $50,000 in year 4.  It is the intention of the regional district to seek outside sources of funding to replace the declining DIG grant funding in future years and remain revenue neutral for the first year of implementation.   She said the Holden Board of Health met twice to discuss the proposal. At their last meeting, although lacking a quorum to vote, they indicated their interest in pursuing the implementation.  Currently, the City of Worcester, Shrewsbury, Millbury and Leicester have all approved pursuit of the implementation process.  The Manager said the Holden Board of Health is doing all of the things it is mandated to do, but that joining in this regional service would take its services to the next level.  

Mr. Rendizzi said that the proposed regional district would rival that of the City of Boston; however, the initiative requires at least five communities in order to participate.  Dr. McGee said that this collaborative would allow the Board of Health to go from a reactive situation to a proactive, preventative-measure situation.  Mr. Rendizzi said that local control would remain in Holden and its Board of Health would prioritize its goals.

Sel. Jumonville said he did not want to lose local control of the situation and felt that the funding of the project was unknown.  He said he felt that Holden should not subsidize other communities and once the grant money dries up there will be no more money.  He said that when the towns regionalized the schools, the District was promised 100% transportation money that never materialized.  He said this seemed like a governmental approach that should remain local.  He said it would not benefit the Town to go down this road.

Sel. O’Brien, Lipka and Renzoni spoke to support the implementation of the district.  Sel. O’Brien and Sel. Renzoni said they shared Sel. Jumonville’s concern over losing control of its Health Agent, but both agreed that in the long run, it would benefit the Town.  Sel. Renzoni said it was important for him in the decision making process to know that the Town has the ability to withdraw from the process if necessary.  Ms. Galkowski said that the Town would not subsidize the health services of other towns.  Sel. Renzoni asked what was in it for the City of Worcester?  The Manager said that the City of Worcester needs more people in its district in order to access larger sums of grant money that it currently cannot qualify for because it does not service enough people.   Sel. Renzoni said what while he concurred with some of Sel. Jumonville’s concerns, he said the Board had directed the Manager to budget under the 2½ levy.  This type of regional health planning could help to keep the Manager under that levy.  He said that in six months, if it wasn’t working out, the Town could pull the plug.  He did not feel that the Town Manager was jumping into a situation that was not well researched.  Sel. O’Brien said that this would enhance public health services and public health emergencies.  

Town Counsel Martin said that this was a unique situation and economy of scale is what this project needs.  No one person has a final vote; everyone involved will be an equal.  By July 2012, if it doesn’t work out, the Town can withdraw its support.  It’s a win-win for everyone.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 3-1 WITH 1 OPPOSED THAT THE TOWN OF HOLDEN BOARD OF SELECTMEN SUPPORTS THE DEVELOPMENT OF THE CENTRAL MASS REGIONAL HEALTH DISTRICT AND ENDORSES THE DISTRICT INCENTIVE GRANT BEING SUBMITTED FOR IMPLEMENTATION OF THE PROPOSAL.  THIS APPROVAL IS SUBJECT TO THE TOWN MANAGER’S REVIEW AND FINAL APPROVAL OF THE FINAL GOVERNANCE MODEL AND PROPOSED BUDGET. (OPPOSED: JUMONVILLE.)

Citizens’ Address

Mr. Darryl Dupuis, 52 Woodhaven Rd., addressed the Board regarding an ongoing issue he was experiencing regarding his driveway and the Town DPW.  He said his brand new driveway had been cut by the DPW.  This cut caused his driveway to frost heave and create damage to his property.  He said that former DPW Director Shuris, promised him that the DPW would repair the damage.  However, since the Town no longer employs Mr. Shuris, no one in the DPW knows anything about the promised repair.  He asked the Town to repair the damage it created to his property.

Health Insurance – Acceptance of MGL c32B, 21-23

The Board reviewed M.G.L. c 32B, 21-23 the new municipal health care reform legislation.  Under the new law, municipalities will be able to make health insurance plan design changes outside the collective bargaining process.

Sel. Jumonville said this was a win-win for the Town and said he would support the motion.

Sel. O’Brien expressed concerns how this would become a large bargaining issue with the unions and have the Town incur large, wasteful legal fees and allow the Manager to slam the collective bargaining process.  He said the use of legal counsel to conduct union negotiations should stop.  Ms. Galkowski said that she was not going to use the opportunity to “slam” the unions or use it as a “tool.”  She said it was in everyone’s best interest to cooperate.  Sel. Lipka cautioned the Manager to stay within the MGL guidelines.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED THAT THE TOWN OF HOLDEN ELECTS TO ENGAGE IN THE PROCESS TO CHANGE HEALTH INSURANCE BENEFITS UNDER M.G.L. C. 32B, 21-23.

Sel. Subcommittees

Sel. O’Brien: MSBC: The October 11th meeting was cancelled. Waiting for State approval for the Design Enrollment plan.  The Committee can not seek an architect until State approvals have been met.
Open Space: Have not met.  Having difficulty making a quorum.

Sel. Jumonville: Skate Park: October 11th meeting did not have a quorum.  The Manager said she attended the meeting and informed the Committee that the Town would not continue to move forward for the remainder of the year because of lack of public interest.  She said that several new people were in attendance and encouraged them to become involved in the process. Sel. Renzoni spoke to community involvement in the process.  Sel. O’Brien said the park needed to be situated in a highly visible location.  He said he felt the proposed site at Eagle Lake was not a good location for this type of activity citing issues at the Dawson Recreation area when the skateboard park was located there.  Sel. Jumonville said that without a funding mechanism, the project would not happen. Sel. O’Brien commented that the Town had just received its Free Cash.  Sel. Renzoni said that the way the proposed park was presented was that the skateboarders would fund the park privately.  Sel. Jumonville concurred adding it was not a realistic idea to ask for taxpayer money to fund the park.
Memorial Day Parade: Next meeting Dec 2011 or Jan. 2012.

Sel. Renzoni: W/S Advisory: October 20th at 7PM in the Starbard Building.  Will review connection fees.
Master Plan: Will meet in the Fall.

Sel. Lipka: Power Advisory Committee: New transformers are being installed on Bullard Street.  Budget review will begin in November.
Affordable Housing: Has not met.

Follow-Up to Citizen’s Address

The Manager said the Town cut into Town property on Mr. Dupuis driveway to install utilities.  She said she had reviewed the driveway with DPW Superintendent Jack Cross and it was agreed that a finer-grade aggregate should have been used to correct the problem.  Mr. Cross said that the work would be completed prior to winter.  She said she was aware of the situation when Mr. Shuris was on staff.  However, the Town would not replace the entire driveway.  Sel. Renzoni said that he felt that the Manager was addressing a resolution to the problem.

Sel. Miscellaneous

Sel. Jumonville: 1. Inquired how much Town Counsel was paid to provide an answer in reply to Sel. O’Brien’s request for an enforcement policy on the sale of cigarettes to minors?  The Manager said that the Town has Town Counsel on a monthly retainer and that this work was done under that retainer.  Sel. Jumonville questioned why the matter was not referred to the Chief of Police?  Town Counsel Martin said that it is the purview of the Town Manager when to refer an item to Town Counsel.  The Manager reviewed the enforcement of cigarette sales to minor law.  Any citizen who has concerns about this issue should direct their calls to the Board of Health.

Sel. O’Brien: 1. Status on the details of revenue received by the W/S Enterprise Fund from Anna Maria College.  Is there a meter monitoring the volume of affluent entering the system from their tie-in and are they paying comparable rates as other users?  The Board reviewed a memo from the Town Manager regarding the agreement between the DCR, the City of Worcester and Anna Maria College. Additional capacity allocated to the college does not impact or diminish the capacity dedicated to the Town of Holden.  The Manager said she would investigate the sewer connection at Kendall Road and Sel. O’Brien’s ongoing concerns regarding the trunk line.
2. How much land is owned by the City of Worcester in acres, the tax rate they receive on that land and a determination by the administration if that reflects a “fair” payment for ownership of the land.  The Board reviewed a memo prepared by the Town Manager to outline the property and tax payment made by the City.
3. Clarification of the policy of the use of town meeting places.  The Manager said that the Town Counsel and the Assistant Town Manager are currently reviewing the Town’s policy.  She said she is considering a surcharge for those groups who consume food when holding a meeting in a municipal building.  Sel. Renzoni said he thought that a policy was being created in the spring of 2011.  He said the item had been identified as a problem over 13 months ago.  He said he would like a resolution to the issue.
4. Expressed concern that the Town of Holden charges too little for its permits.  Specifically, he said the Town charges the least to issue roofing permits.  He said the Town should investigate what other towns’ charge for the same services.  Sel. Jumonville said the Town reviewed its fee structures several years ago and determined that its fees were adequate for the services it provides.  Sel. Renzoni said he would be interested in the results of the survey.
5. Announced the YAHOO program was gearing up to offer its services to any senior citizen in Town.  Interested residents should contact the Senior Center to schedule a YAHOO clean up crew.
6. The McCarthy family will hold a fundraiser on November 11th at the Elks Lodge in Worcester to help the family offset recent medical expenses.  Tickets may be purchased at Gordie’s Auto.

Sel. Lipka: 1. Inquired about the job search status for a new DPW Director.  The Manager said she was in the process of reviewing the recommendation of the Town’s hiring panel and would make a decision within the next few weeks.
2. Inquired about public advisories regarding seasonal health i.e. flu and pneumonia shots.  The Manager said the Town did not have any current plans to advertise or provide this service.  Sel. Lipka encouraged residents to get their flu and pneumonia shots as a preventative health measure.

Approval of Previous Minutes

Motion by Sel. Renzoni, seconded by Sel. Jumonville, it was VOTED 4-0-1 WITH 1 ABSTAINED TO APPROVE THE MEETING MINUTES OF OCTOBER 3, 2011 AS PRESENTED. (ABSTAINED: Lipka.)

Executive Session

Motion by Sel. Renzoni, seconded by Sel. Lipka it was UNANIMOUSLY VOTED TO RECESS TO EXECUTIVE SESSION AT 8:33PM TO DISCUSS PENDING LITIGATION AND APPROVE MINUTES AND RETURN TO REGULAR SESSION FOR ADJOURNMENT PURPOSES ONLY.  ROLL CALL: LAVIGNE: YES; O’BRIEN: YES; JUMONVILLE: YES; LIPKA: YES; RENZONI: YES.

10. Adjournment

Motion by Sel. Renzoni, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO ADJOURN OCTOBER 17, 2011 MEETING AT 8:43PM.


APPROVED: November 7, 2011