HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
APRIL 2, 2012
6:30PM Memorial Hall
Present: Chairman Robert Lavigne, Kenneth O’Brien, Anthony Renzoni,
James Jumonville, Kenneth Lipka
Others Present: Nancy Galkowski, Town Manager
Stephen Madaus, Town Counsel
Elizabeth Helder, Recording Secretary
Chairman Lavigne opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance.
Selectmen Appointments, Licenses and Permits
Motion by Sel. Renzoni, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO APPROVE A PARADE PERMIT TO DAN REINKE ON BEHALF OF THE REINKE SPORTS GROUP FOR THE WORCESTER MARATHON/HALF MARATHON ON SUNDAY, JUNE 3, 2012 FROM 7AM TO 3PM PENDING THE HIRE OF 7 OFFICERS FOR DETAIL DUTY.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A PUBLIC ENTERTAINMENT LICENSE ON BEHALF OF LINETTE ROCHE FOR KIDOODLES LEARNING CENTER TO USE THE BANDSTAND WITH ELECTRICITY FOR AN END OF THE YEAR CELEBRATION ON THURSDAY, JUNE 13, 2012 FROM 5:30PM TO 6:30PM.
Town Manager Miscellaneous
- The Board reviewed a revised list of the approximate dates for the street sweeping schedule. All dates are weather dependent. The Manager said that with the recent good weather, the program is ahead of schedule. More information may be found at www.holdenma.gov.
- The Manager announced that the Animal Control office will host a Rabies Clinic on Saturday, April 7th at the Public Safety Building. Cats will be vaccinated from 9:30AM to 10:30AM and dogs will be vaccinated from 10:30AM – 11:30AM. The fee is $12.00 per vaccination. All animals should be leashed or in carriers. Residents are encouraged to call the Animal Control office at 508-210-5649 for further information.
- The Manager informed the Board that the Town’s Composting Schedule has been posted at www.holdenma.gov. Leaves and grass clippings will be accepted at the former landfill site located on River Street on Saturday April 21, 28, and May 5, 12, and 19 from 8AM to 2:30PM. Brush chipping will be conducted at the DPW site on Adams Road and is limited to branches with diameters greater than 1 inch and less than 6 inches. Sel. O’Brien asked the Administration to contact the USDA to get an update on the status of the Asian Long Horned Beetle. The Manager said that the
contaminated area has not changed. The USDA is currently surveying trees in the area. The Manager said she would see if an USDA representative was available to meet with the Board.
- The Board reviewed the Revenue and Expenditure Reports for the period ending February 2012 as prepared by Town Accountant Lori Rose.
Recognition of Holden Police Department Det. Al Bourget
The Chairman announced the recent retirement of Det. Al Bourget from the Holden Police Department. Det. Bourget began his service with the Town in 1975. The Selectmen recognized Det. Bourget with a Certificate of Appreciation.
Public Hearing – El Mercado Restaurant d/b/a Playa Del. Carmen Mexican Restaurant
Transfer of Liquor License and Change of Manager
The Chairman read the notice of public hearing into record.
Motion by Sel. O’Brien, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING AT 6:45PM.
Attorney Nicholas Felici said that the new owner David Brambila had many years in the restaurant business and was TIPS trained. He introduced Raul Urbina, who will act as Manager. Mr. Urbina has many years of restaurant training and is also TIPS trained.
No one from the public came forward to address the Board.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 6:49PM.
Motion by Sel. Jumonville, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE APPLICATION OF EL MERCADO RESTAURANT, INC. d/b/a PLAYA DEL CARMEN MEXICAN RESTAURANT, FOR A TRANSFER OF THE RESTAURANT ALL ALCOHOLIC BEVERAGES LICENSE PRESENTLY HELD BY PLAYA DEL CARMEN AND FOR A CHANGE OF MANAGER FROM CARMEN SCAFFIDI TO RAUL URBINA AT 700 MAIN STREET, HOLDEN, MA AS PRESENTED BY THE ADMINISTRATION.
Selectmen Subcommittees
Sel. Renzoni: Water/Sewer: Was unable to make the meeting due to a prior meeting conflict.
Master Plan: Has not met.
Sel. Jumonville: Skate Park:
Memorial Day Parade: Next meeting 4/11 at 7PM at Town Hall.
Sel. Lipka: Municipal Electric Advisory: will meet 4/10.
Affordable Housing: Not met.
Sel. O’Brien: Mountview School Building Committee: Next meeting is April 10th.
Open Space: Have not met.
Sel. Lavigne: PSBC: Next meeting is April 18th.
Selectmen Miscellaneous
Sel. Lipka said he had been recusing himself from Executive Session meetings regarding the Town Manager’s contract negotiations due to a conflict of interest (immediate family members employed by town). However, Town Counsel has determined that he may participate in the Town Manager’s Performance Evaluation and Review Process.
Sel. O’Brien said he worked with the Eagle Scout who completed an installation of dugouts at the baseball field at the Senior Center. Sel. O’Brien thanked all who contributed their time and materials to help complete the project.
Sel. O’Brien attended the Good Neighbor Award ceremony held March 29, 2012. He said he would like to place a warrant to allow non-profit organizations the ability to use municipal buildings at no cost. He said he would like this subject discussed at on town meeting floor.
3. Sel. Lavigne announced that the Boutelle family on Mixter Road lost their house in a fire on March 30th. He said he and his wife were organizing a collection to help the family rebuild their lives. Please contact Sel. Lavigne at www.rlavigne@holdenma.gov to make a donation. Sel. O’Brien commended the Holden Fire Department and the use of the pumper trucks during the emergency situation.
Citizens’ Address
Ms. Marsha Sherborn, Salisbury Street, spoke about the fees being assessed to groups who want to use municipal buildings for meeting purposes. She said she represented the Holden Grange. The increased user fee will impact the way the Grange help others in the communities.
Set Public Hearing Date for Layout of Birch Hill Road Street Acceptances
The Manager said the item had been placed on hold because the developer submitted incorrect information on the application. She said the item would be brought back before the Board at the April 17, 2012 meeting.
Set Warrant for Annual Town Meeting
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 1-5 AS PRESENTED.
Motion by Sel. Renzoni, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 6-1 through 6-9 AS PRESENTED.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 7-14 AS PRESENTED.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 15-20 AS PRESENTED.
The Manager commented that she was currently in discussion with the Finance Committee about Warrant Article 20.
A motion made by Sel. Lipka, was seconded for discussion by Sel. Renzoni to set warrant articles 21-24.
Sel. O’Brien said he would like to add Warrant Article 21a to discuss the use of town hall and the senior center by Holden-based non-profit organizations. He said the fees being assessed non profit groups impact the way these groups will meet in the future. He would like to discuss this on Town Meeting floor.
Town Counsel said that a lot of legal counsel time was spent on revising this policy with the Administration. The use of public buildings and their depreciation costs were factored into this new fee schedule. The fees being charged are fair market value. Legally, you cannot allow only non-profits from Holden to use the buildings for free. Once the word non-profit is used, it opens the door for all non-profits (not just from Holden) to use the buildings for free. Additionally, this is not a subject that is decided on Town Meeting floor as it is likely to cause more confusion on the subject. The Manager as the CEO of the Town is responsible for determining and setting fees associated with the use of town buildings. The use of these buildings by non-profit organizations is $10 per
use.
Sel. Jumonville suggested rescinding the Board’s previous vote to set the fees. Sel. Jumonville added that he has received similar complaints about the use of town buildings by non-profit organizations. He said if the Town Meeting floor wasn’t the place to change the policy, then the Board needed to amend the fee schedule.
Sel. Renzoni said that while he agreed with aspects of the discussion, he said the Board should take the advice of Town Counsel. Town Meeting is not the place to have the discussion. Sel. O’Brien disagreed, saying that Town Meeting was the place to have the discussion.
Chairman Lavigne said the Board cannot pick and choose what they want the Manager to act on.
Sel. Lipka asked to move the motion. He said that any discussion on Town Meeting floor would be advisory only and will only muddy the waters. The Board should direct the Manager to review and revise the schedule equally under the law. He suggested that Sel. O’Brien could amend the warrant on Town Meeting floor.
Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 21-24.
Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 25-27.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 28-29.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 30-35.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 36.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ASK THE PLANNING BOARD TO REVIEW WARRANT ARTICLES 30-36.
Motion by Sel. O’Brien, seconded by Sel. Jumonville, it was VOTED 2-2-1 WITH 2 OPPOSED AND 1 ABSTAINED TO PLACE THE REVIEW OF THE FEE POLICY FOR HOLDEN NON PROFIT ORGANIZATIONS AS WARRANT ARTICLE 37. (Opposed: Lipka, Lavigne) (Abstained: Renzoni.)
Sel. Renzoni said that as the Commander of the American Legion, a non-profit organization, he had abstained from the vote.
The motion failed.
Acceptance of Previous Minutes
Sel. O’Brien left the table at 7:42PM.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-0 TO APPROVE THE MEETING MINUTES OF MARCH 5, 2012 AS PRESENTED.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-0 TO APPROVE THE MEETING MINUTES OF MARCH 19, 2012 AS PRESENTED WITH AN AMENDMENT BY SEL. RENZONI TO INCLUDE THE PHRASE “MR. LEITH AGREED TO PROVIDE THE HARD COPY OF THE BUDGET.” UNDER ITEM NUMBER 7.
Sel. O’Brien returned to the table at 7:43PM.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF MARCH 22, 2012 AS PRESENTED.
Executive Session
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION IN ACCORDANCE WITH MGL C. 30A, SECTION 21. (A) (2) TO CONDUCT STRATEGY SESSIONS IN PREPARATION FOR NEGOTIATIONS WITH NONUNION PERSONNEL OR TO CONDUCT COLLECTIVE BARGAINING SESSIONS OR CONTRACT NEGOTIATIONS WITH NON UNION PERSONNEL – TOWN MANAGER’S CONTRACT AT 7:44PM.
ROLL CALL: LAVIGNE: YES; LIPKA: YES; JUMONVILLE: YES; RENZONI: YES; O’BRIEN: YES.
Adjournment
Motion by Sel. Renzoni, seconded by Sel. Jumonville, it was VOTED 4-0 TO ADJOURN THE APRIL 2, 2012 MEETING AT 8:25PM. ROLL CALL: RENZONI: YES; O’BRIEN: YES; JUMONVILLE: YES; LAVIGNE: YES.
APPROVED: April 17, 2012
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