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02/27/2012
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
FEBRUARY 27, 2012

6:30PM                                                                                  Memorial Hall

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

Others Present: Nancy Galkowski, Town Manager
                        Stephen Madaus, Town Counsel
                        Elizabeth Helder, Recording Secretary

Chairman Lavigne opened the meeting at 6:30PM.  

  • Bond Approval & Signatures
The Manager submitted State House Notes for the $870,000 in borrowing for the Public Safety Building, Mountview Feasibility Study, and the capital budget were awarded to People’s United Bank with a coupon rate of 2.30%.  The Board signed the bonds into record.

  • Selectmen Appointments, Licenses and Permits
The Manager announced that prior to the meeting the Board appointed Ms. Maleah Gustufson to the Agricultural Commission to a term expiring 11/02/2013.

Motion by Sel. Renzoni, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE A  ROAD RACE LICENSE TO PAUL DIONNE ON BEHALF OF REACH THE BEACH ON FRIDAY, MAY 18, 2012 FROM 12:30PM TO 7:30PM TO INCLUDE THE RECOMMENDATION THAT MR. DIONNE CONTACT THE HOLDEN POLICE DEPARTMENT TWO WEEKS PRIOR TO THE ROAD RACE TO SCHEDULE TWO OFFICERS FOR POLICE DETAIL.

  • Town Manager’s Miscellaneous
  • The Manager and the Board reviewed a memo from Recreation Director Denise Morano to request an increase in the fee for the Recreation Half-Day Program from $88.00 to $128.00 for the 2012 summer season.  Ms. Morano indicates in her memo that two years ago she added an additional class to the half day program but inadvertently neglected to increase the fees to cover the cost.  The fee increase will bring it in line with the other fees and will still have the registrant from the individual costs of each activity.  The Manager said she recommended the approval of the increase.  Additionally, the Manager said that she and Ms. Morano were in the process of reviewing the other recreation fees to insure that they are covering all costs associated with their program.  Sel. Renzoni said he did not have enough information to make an informed decision and felt this was a drastic increase.  Is it necessary to jump this high this fast?  He requested that the Recreation Department look into spreading the increase out over a two-year period.  He asked that the Manager wait a week to review all other options before the Board makes a decision.  Sel. O’Brien said he too would like to receive further information regarding projected recreation fees and revenue prior to making a decision.  The Manager said she would be able to research the proposed half-day program fee increase and present the information to the Board at the March 5th meeting.  However, the Manager said that the increase was already two years over due.  Ms. Morano requested the increase last year and then Manager asked her to hold off until 2012.  The Manager said her fear was that once the entire recreation fee schedule was reviewed, all fees were going to increase dramatically.  Some fees have not increased in almost 10 years.  
Motion by Sel. Renzoni, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO TABLE THE DISCUSSION UNTIL MARCH 5, 2012.

  • The Manager informed the Board that each year they vote to award a scholarship from the Lloyd W. Starbard Scholarship Fund to a college student pursuing a degree in a government related field.  Only the interest is expended for this purpose.  The interest from the fund for the 2012 Scholarship is $2,192.37.  No scholarship was awarded in 2011.  The Manager requested that the Board vote to advertise for applicants interested in the scholarship and name two members of the Board to sit on the applicant review subcommittee.
Motion by Sel. Jumonville, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ADVERTISE FOR APPLICANTS INTERESTED IN THE 2012 LLOYD W. STARBARD SCHOLARSHIP.

Sel. O’Brien and Sel. Jumonville volunteered to serve on the subcommittee.

  • The Manager reviewed information regarding the Infrastructure Investment Fund as requested at its 2/6/12 meeting.  The Board discussed borrowing obligations for the pool and public safety building and funding the IIF.
Chairman Lavigne interrupted Town Manager’s Miscellaneous for Citizens’ Address at 7PM.

  • Citizens’ Address
Ms. Maureen Floryan, Sterling Road asked to speak to the non-binding ballot questions.  Chairman Lavigne said that he would allow Ms. Floryan to speak to the issue during the agenda item discussion.

3. Town Manager’s Miscellaneous (reopened)

  • The Board reviewed the latest balance in the Snow and Ice Account.  The current balance is $95,312.  Sel. O’Brien asked how and why the bulk of the money was spent purchasing sanding and salting roads when we haven’t had any snow?  $140,000 has been spent on materials.  He said that the DPW should evaluate areas of Town that continually need sand and salt.  Maybe the catch basins need to be cleaned?  He also said he thought it was cheaper to purchase salt and sand in the off season and not in the dead of winter.  Sel. Renzoni said that any materials purchased this year would be left over for next year.  The Manager said that in previous years, this account has run a deficit and the Town had not had the money to purchase materials in the off season.  Chairman asked what the plowing cost per event was.  John Woodsmall, DPW Director said the Town belongs to a purchasing consortium that purchases its materials along with 10 or 12 other towns.  Additionally, the DPW does not have the storage space to store large amounts to materials and thus cannot buy in bulk.
  • Vote – Regional Task Force on School Funding
The Board discussed a request from the Wachusett Regional School District to join a task force to investigate the feasibility of establishing a revenue sharing agreement to provide the basis for the District’s annual budget.  Chairman Lavigne said that Paul Challenger, a Finance Committee member had stepped forward to serve on the task force.  Sel. Jumonville said that the Town of Princeton scheduled a regional meeting on March 8th to discuss participation in the regional task force.  Mr. Challenger has no authority to vote as a representative from the Town.  He is there to report back to the Manager.

Motion by Sel. O’Brien, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE PAUL CHALLENGER AS THE HOLDEN REPRESENTATIVE TO THE WACHUSETT REGIONAL REVENUE SHARING TASK FORCE.

  • Non-Binding Ballot Questions – Richard Callahan
The Board reviewed a request for two non-binding ballot questions signed by ten registered voters of the Town of Holden.  If the Board chooses to take no action, the petitioners must gather the signatures of 10% (approximately 1200 people) of the registered voters prior to April 9, 2012.  The Board debated whether to place the questions on the ballot or take no action on the request.

Mr. Richard Callahan, 96 Twinbrooke Drive, said he was the petitioner of the questions and that he was in favor of placing the non-binding questions on the ballot.  He said these questions were important to the integrity of the voting system.  Asking people for a photo ID prior to voting was not an unreasonable request.  You cannot apply for food stamps, purchase prescription drugs, cash a check, fly on a plane, or buy alcohol without an ID.  Why should you be able to vote without one?

Ms. Maureen Floryan, Sterling Road, spoke against the petition.  She said the action would cost millions of dollars to implement and would affect the poor, elderly, young, and differently-abled.  There is no evidence of voter fraud.  More people are struck by lightening than commit voter fraud.  These laws impede eligible voters, and are called voter suppression.  She said that this subject should be debated and voted on at Town Meeting.

Ms. Robin Van Liew, 1 Avery Road, said she questioned that the Town Charter would allow the signatures of 10 people to petition for a ballot.  She said she supported Ms. Floryan’s position and also opposes the placement of the non-binding questions on the ballot.

Attorney Madaus said that State Law allows residents to submit a ballot question with 10 signatures.  

The Manager entered into record a letter from Jean D. True, 68 Reservoir Drive, opposing the placement of the ballot questions into record.

Sel. O’Brien said that he thought this petition was a movement by republicans nationwide to require voter ID requirements.  He said that this was a State issue that requires action from the State legislature and is not a local issue.  He said that Mr. Callahan was the co-chairman of the local republican committee.  He said this was the start of partisan politics and he opposed the placement on the ballot.  He said 13 people should not be allowed to hijack the process.  He asked for one example of voter fraud.

Sel. Renzoni called for a point of order.  He said it was out of line to refute the opinion of a citizen.

Chairman Lavigne said it was not the Board’s authority to only place items that they like on the town warrant.  It is the up to the people to decide at the ballot whether they want to enact a voter ID requirement.

Mr. Lipka said that in his opinion, it was the final decision of the voters to make the ultimate decision.

Sel. Renzoni said the citizen’s have followed State law to place the questions on the ballot.  They are only asking to have the process followed through.  It is a reasonable request.  He said he supported putting the questions through to the people.  Playing partisan politics will discourage residents from participating in the process.  He said that while Sel. O’Brien made good reasonable points, he had to allow the legal process to work its way to the end.  

Sel. Jumonville said that the Town Clerk’s office requests an ID when a resident registers to vote.  The ID process is already in place.  He said what they are trying to prevent already exists.  It’s a non-binding question that doesn’t mean anything.

Chairman Lavigne said his worry was what if 13 signatures were collected to place anything on the ballot for a non-binding question.  The ballot will be a mess.

Motion by Sel. O’Brien, seconded by Sel. Lavigne, it was VOTED 3-2  TO TAKE NO ACTION THAT THE REPRESENTATIVES OF ALL HOLDEN DISTRICTS BE INSTRUCTED TO VOTE IN FAVOR OF LEGISLATION THAT REQUIRES MASSACHUSETTS ELECTION OFFICIALS TO REQUIRE A PICTURE ID BEFORE A PERSON IS ALLOWED TO VOTE.  (Opposed: Renzoni, Jumonville.)

Motion by Sel. O’Brien, seconded by Sel. Lipka, it was VOTED 3-2 TO TAKE NO ACTION THAT THE REPRESENTATIVES OF ALL HOLDEN DISTRICTS BE INSTRUCTED TO VOTE IN FAVOR OF LEGISLATION THAT REQUIRES PROOF OF US CITIZENSHIP AND LEGAL RESIDENCE IN MASSACHUSETTS BEFORE A PERSON IS ALLOWED TO REGISTER TO VOTE IN AN ELECTION.  (Opposed: Renzoni, Jumonville.)

  • Warrant Article Drainage Easement – 15 Oak Crest Road
The Board reviewed correspondence from Attorney Leo P. McCabe regarding a release of two drainage easements on the property located at 15 Oak Crest Road.  The property owner’s would like to build an addition on the easement.  The Town Engineering Division reviewed the request and recommended that the easements be abandoned by Town Meeting vote.  The Manager said it was her recommendation that the Board vote favorably to place the request on the Town Meeting Warrant.  Prior to Town Meeting, the Board will formally vote to make a recommendation to the Town Meeting on the abandonment of the easements.

Attorney McCabe addressed the Board on behalf of property owner Lisa Mulvehill.

Motion by Sel. Jumonville, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO PLACE THE REQUEST FOR TWO DRAINAGE EASEMENT ON THE PROPERTY LOCATED AT 15 OAK CREST ROAD ON THE TOWN MEETING WARRANT AS RECOMMENDED BY THE ADMINISTRATION.

Town Counsel will draft the motion for the Town Warrant.

  • Water/Sewer Connection Fees
The Manager explained that the Water Sewer Rate Study prepared by CDM in 2011 has as one of its recommendations, a proposal to increase the water sewer connection fees.  A review of this recommendation by DPW Director John Woodsmall, and Water/Sewer Superintendent Mark Elbag and the Water/Sewer Advisory Board indicated that revisions to the rates are recommended.  The Board reviewed the proposed water sewer connection fee increases.

Sel. O’Brien said that he had suspected for a long time that the Town’s water and sewer connection fees were set too low.  

The Board thanked Mr. Woodsmall for the detailed report and for completing the last phase of the CDM recommendations.  Mr. Woodsmall thanked Mr. Elbag the new Water/Sewer Superintendent for his work on the revised fee schedule.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED THAT THE WATER AND SEWER CONNECTION FEES BE REVISED IN ACCORDANCE WITH THE MEMORANDUM DATED FEBRUARY 22, 2012 FROM JOHN WOODSMALL, PUBLIC WORKS DIRECTOR AND CHAPTER 9.2 AND CHAPTER 9.4 OF THE DEPARTMENT OF PUBLIC WORKS RULES AND REGULATIONS BE REVISED IN ACCORDANCE WITH SAID MEMORANDUM.

  • Sel. Subcommittees
Sel. O’Brien: MSBC: Committee will meet again on February 28th   to review bids for architectural services for the feasibility study.  Ten architectural firms submitted proposals.
Open Space: Met with Master Plan Committee on January 17th.
Sel. Jumonville: Skate Park:
Memorial Day Parade: Have signed the Spirit of America Fife and Drum Corp.  
Sel. Renzoni: Water/Sewer: Met to endorse the water/sewer connection fee increases.
Master Plan:
Sel. Lipka: Municipal Electric Advisory: Have not met.
Affordable Housing: Have not met.
Sel. Lavigne: PSBC: Next meeting is schedule for March 14, 2012.

  • Selectmen’s Miscellaneous
Sel. Lipka:  1. Inquired if the Town was all set with the new Casella contract for trash disposal?  Additionally, he inquired if the Town received any benefits for above the ordinary recycling efforts?  The Manager said that she was currently in contract negotiations with Casella and anticipates settling a contract by July 1, 2012.

Sel. Renzoni: 1. Cautioned residents against giving money to the callers soliciting money for “local Veteran’s in Holden.”  No money collected by these organizations support Holden Veteran’s.  Any resident who wishes to help a local Veteran may contact Sel. Renzoni directly.

Sel. O’Brien: 1. Shared a news article regarding the Blackstone River Coalition mediation update.
2. Thanked the Board and the residents for their support during the recent loss of his father-in-law.

11. Acceptance of Previous Minutes

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE FEBRUARY 6, 2012 MEETING MINUTES AS PRESENTED.  

12. Executive Session

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION TO DISCUSS NON-UNION CONTRACT NEGOTIATIONS AT 8:31PM AND RETURN TO REGULAR SESSION FOR ADJOURNMENT PURPOSES ONLY.  ROLL CALL:  Renzoni: yes; O’Brien: yes; Lipka: yes: Jumonville: yes; Lavigne: yes.

  • Adjournment
Motion by Sel. Renzoni, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO ADJOURN THE FEBRUARY 27, 2012 MEETING AT 8:54PM.  

APPROVED:    March 5, 2012