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02/25/2013

HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
FEBRUARY 25, 2013

6:30PM                                                                                  Memorial Hall

Present:        
Chairman Anthony Renzoni, James Jumonville, Mark Ferguson,
Kenneth Lipka, Robert Lavigne (arrived 6:36PM)

Others Present: 
Jacquie Kelly, Town Manager
Elizabeth Helder, Recording Secretary

Chairman Renzoni opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance.       
The Board held a moment of silence for former Town Manager Nancy Galkowski who passed away February 15, 2013.

1. Selectmen Licenses and Permits

Motion by Sel. Jumonville, seconded by Sel. Lipka, it was VOTED 4-0 TO APPROVE A PARADE PERMIT TO MEAGHAN BUTMAN ON BEHALF OF JOSEPH’S PROJECT  FOR A 5K ROAD RACE ON SATURDAY, MARCH 16, 2013 FROM 8AM-10AM AS PRESENTED.
Motion by Sel. Jumonville, seconded by Sel. Lipka, it was VOTED 4-0 TO APPROVE A COMMON VICTUALER LICENSE TO MAGED TADRUOUS ON BEHALF OF PIZZA 17 FOR A CHANGE OF OWNERSHIP TO EXPIRE 12/31/13 PENDING APPROVAL BY THE FIRE DEPARTMENT.

Sel. Lavigne arrived at 6:36PM.

2. Vote to set the April 8, 2013 Special Town Meeting Warrant

Town Manager Kelly reviewed the warrant with the Board.  She recommended that the Board vote to open, set, and close the warrant.

Motion by Sel. Jumonville, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO OPEN THE APRIL 8, 2013 SPECIAL TOWN MEETING WARRANT AS PRESENTED.

Motion by Sel. Jumonville, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 1 AND 2 AS PRESENTED.

Sel. Ferguson asked if the money to pay for the Special Town Meeting and Ballot Election could be paid for from the School Building Committee’s Feasibility Study.  He said that the Committee requested the separate Special Town Meeting and Election and they should pay for it.  Town Counsel said that the money appropriated for the Feasibility Study might have some limitations attached to it because of the partnership with the MSBA.  The Board agreed to have Town Counsel look into whether this cost can be paid for from the Mountview School Building Committee Feasibility Study.

Sel. Ferguson also said he would like the Town to ask the MSBA to revisit the MSBA’s $275/sq.ft. reimbursement cap.  He said that he felt this figure was not an accurate figure that the building project could achieve, and it would place a greater financial burden on the Town.  Ms. Kelly said she would pass the request on to the building committee.

Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO CLOSE THE WARRANT AS PRESENTED.

3. Vote for Winter Hill Road Easement Deed

Sel. Ferguson declared a conflict of interest with the parties involved in the easement.  Town Counsel recommended that he leave the meeting per State Ethics Law protocol.

The Board reviewed a copy of a proposed sewer easement to be deeded to the town by Ridgemont Properties, Inc. of Sutton, MA.  Ridgemont Properties was given permission to install a public sewer extension to service seven Approval Not Required (ANR) lots on the eastern side of Winter Hill Road, near the intersection with Newell Road.  Ms. Kelly said it was the standard practice of the Department of Public Works to install public sewer extensions within the public right-of-way, generally in the middle of the road.  However, due to several extenuating circumstances regarding previous sewer construction in the Winter Hill Road area, Ridgemont Properties was allowed a sewer extension in an easement and connections can now be made to the extension.  In order for the  Town to claim possession of the sewer and allow for the future maintenance of the extension, the Board of Selectmen, acting as Water/Sewer Commissioners, must vote to accept the easement across the lots.

Town Counsel said that a legal review of the documents needs to occur.  Mr. Madaus presented an alternative motion for the Board to approve.  

Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was VOTED 4-0 TO ACCEPT THE DEED OF EASEMENT FOR SEWER PURPOSES, AS SHOWN ON A PLAN TITLED “EASEMENT PLAN PREPARED FOR EDWARD JARDUS, WINTER HILL ROAD, HOLDEN, MASSACHUSETTS,” DATED DECEMBER 13, 2012 AS PREPARED BY KEVIN J. JARVIS, PROFESSIONAL LAND SURVEYOR AND TO AUTHORIZE THE TOWN MANAGER TO SIGN SAID EASEMENT DEED AS “ACCEPTED,” ON BEHALF OF THE TOWN, SUBJECT TO REVIEW AND APPROVAL AS TO FORM BY TOWN COUNSEL.

Sel. Ferguson returned to the meeting at 6:46PM.

4. Town Manager’s Miscellaneous

  • The Board reviewed Year-To-Date Revenue and Expenditure Reports for the period ending December 2012 prepared by Lori Rose, Town Accountant.
  • Ms. Kelly presented the DPW Monthly Report for the period ending January 2013, prepared by John Woodsmall, DPW Director.  Sel. Ferguson said the report, a melded report of revenue and expenditure, was not the type of report he was looking for.  He said he wanted a specific report for water/sewer showing pumping amounts and what month-to-month revenue/expenditures are generating.  He said he was convinced the DPW doesn’t know what it costs to run a business.  Ms. Kelly said she disagreed with Sel. Ferguson’s statement.  The DPW will present rate structure options at the March 4, 2013 Board meeting.  Chairman Renzoni said that requests to the Administration must be from the majority of the Board.  One Selectman does not have the right to demand an individual agenda from the Manager.  Sel. Jumonville disagreed with Chairman Renzoni adding that the Board has the right to legitimate information.  Sel. Lavigne said that five different Selectmen cannot make individual requests to the Manager.  The Board must put logical priorities on paper as one voice in the best interest of efficiency.  Sel. Ferguson said that the Open Meeting Law demands questions be answered in the open and he has open access to the Manager and this information.  Sel. Lavigne commented that no one had violated Open Meeting Law.
  • The Board reviewed the HMLD monthly report for January 2013 as prepared by Jim Robinson, HMLD Manager.
  • Ms. Kelly presented a Public Health Activity quarterly report prepared by Derek Brindisi, Director.  The Town of Holden is a member of the Central MA Regional Public Health Alliance, a partnership with the City of Worcester to provide public health services.
  • Ms. Kelly reported that the Town has been awarded $40,000 for FY2013 from the DCR to plant trees on municipal property to replenish trees lost to Asian Longhorn Beetle damage.  The Town will also receive an additional $40,000 for FY2014 for ALB planting.
5. Citizens’ Address

Mr. Ed Meyer, Fort Sumter Drive, spoke to the costs associated with holding elections.  He said that three elections are scheduled in town less than four weeks apart, which will cost the Town thousands of dollars.  Mr. Meyer suggested holding all the elections on one day to save the taxpayers money.   He also spoke to a statement made by a resident during a previous Citizens’ Address defending statements of a school committee member.  This resident was allowed to name this school committee individual 5 or 6 times during Citizens’ Address.  Mr. Meyer asked for clarification on the use of names during statements made during Citizens’ Address.  Mr. Meyer also said that anyone can make a request for public information.

6. Holden Youth Soccer – Proposal to Develop New Soccer Fields

Ms. Kelly introduced Mr. Bill Donahue, Director of Holden Youth Soccer (HYS), to the Board.  Mr. Donahue said that HYS has been working on a plan for the last 18-months to develop 12 acres of land behind the Mayo School on Bullard Street into recreational soccer fields.  This land is currently owned by the Town of Holden.  The group would like to enter into discussions with the DCR to develop these fields and this process requires the signature of the owner (the Town) in order to enter into these discussions.   Mr. Donahue introduced Steve Setterlund, President of HYS; Ralph Thibodeau, Vice President of HYS; Larry Green of RLA Thompson-Liston Association; and John Chaffin of Northeast Turf.

Denise Morano, Recreation Director, said it was a wonderful opportunity for the Town and endorsed the project.    

Ms. Kelly said that a minimum sale price would be involved in the sale.  This sale would have to be approved at a Town Meeting.

Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO AUTHORIZE THE TOWN MANAGER TO MOVE FORWARD WITH HYS FIELD CONSTRUCTION CONCEPT FOR INFORMATIONAL PURPOSES ONLY AS PRESENTED.

Town Counsel recommended holding a meeting with Counsel, HYS, and Town Administration to explore the legal ramifications of the potential development.

7. Vote to Consolidate Primary Election and Local Election on April 30, 2013

Town Manager Kelly informed the Selectmen that according to Stephen Madaus, Town Counsel, it is possible to change the date of the May 13, 2013 Annual Election to coincide with the Senate Primary election on April 30, 2013.  Although the Town bylaws require that the Annual Town Election take place on the second Monday in May, a new Special Act (Chapter 2 of the Acts of 2013) allows towns to hold a local election on the same day as a primary.  The Special Act will require a majority of the Board of Selectmen to approve a rescheduled election date at least 35 days prior to the April 30, 2013 date.  The Board would need to vote as soon as possible so that the Town Clerk’s Office has time to amend the political calendar, publicize the new deadlines associated with nomination papers, and coordinate with the State Elections Division.

According to Town Clerk Cheryl Jenkins, the cost of holding the Annual Election, including police details, is approximately $10,973; the cost of the April 30th primary will be $8,650.  Combining the two elections will costs approximately $14,292, which will represent a savings of $5,331.  Other towns in the area which have voted to combine the two elections include Barre, Hardwick, Hubbardston, Paxton, Princeton, Shrewsbury, Templeton, and Westminster.

Sel. Jumonville said he would like to have the Special Town Meeting involving the Mountview School Building Committee rolled into this consolidation, too.  Ms. Kelly said she had not heard from the School Building Committee regarding a change of date for its Special Town Meeting.  The Committee will meet on 2/26.

Sel. Renzoni said the Board had already set the Special Town Meeting as requested by the School Building Committee.  Sel. Lavigne said that this discussion was not what the agenda item had been posted for.  He said he supported consolidating the primary and local election to April 30th.

Motion by Sel. Ferguson, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO CONSOLIDATE THE PRIMARY ELECTION AND THE ANNUAL LOCAL ELECTION TO APRIL 30, 2013.

The Board reviewed a political calendar with revised dates for nomination filing and voter registration deadlines.

8. Selectmen Subcommittees

Sel. Lipka: Affordable Housing: Have not met.
Municipal Electric Advisory: Have not met.
Sel. Jumonville: Memorial Day Parade:  Next meeting is March 13th at 7PM at Town Hall. The Manager reported that letters to local businesses to solicit donations had been sent out.
Sel. Lavigne: EDC: Will meet March 1st.
Sel. Ferguson: Not currently serving on a subcommittee.
Sel. Renzoni: Water/Sewer Advisory Board:

9. Selectmen Miscellaneous

Sel. Jumonville: 1. When will work at the former Fire Station be finished?  Ms. Kelly reported that work should be completed within a month.  The project will then complete a punch list and the project will close.  

Sel. Ferguson: 1. Discussed Municipal Power as it relates to having a second set of transmission lines to service or backfeed the town.  He said he would like to learn more about this endeavor and getting National Grid and the City of Worcester involved in the project.  

Ms. Kelly said Mr. Robinson, HMLD Manager, has a meeting in March with National Grid about tree trimming and the possibility of constructing a second set of transmission lines into town.  Mr. Robinson did not mention a specific timetable for the construction of this second line.  The Board expressed interest in meeting with Mr. Robinson to learn more about this potential project.  Ms. Kelly said she would ask Mr. Robinson to discuss this endeavor with the Electric Power Advisory Board and the Selectmen at a future date.

2. Sel. Ferguson discussed the sewer transportation rate the Town pays to the City of Worcester, which he feels is unjust, unfair, and unreasonable.  He recounted the long history of the sewer transportation disagreement between the Town, the DCR, and the City of Worcester.  Ms. Kelly said that the Town has not heard back from the DCR and has a call into them regarding a follow up to the meeting she held with them in January 2013.  Ms. Kelly said she has been working on this subject and would like to update the board in Executive Session on March 18th.  Town Counsel said he has been working with the Town Manager on this issue.  He said it is a long standing matter that will not be settled overnight.  The Manager has a strategy and is progressing.  Chairman Renzoni said he is aware of the work being performed by the Manager on this subject and that the Board has given the Manager guidance on this matter.  He said he would wait until March 18th for an update.  Sel. Jumonville said he stood by Sel. Ferguson adding this is a problem that needs to be rectified for the ratepayers.  Town Counsel said that the amount of time being given to this issue is prudent given how long the problem has existed.  It just cannot be discussed in open session.  Sel. Ferguson requested that former Town Manager Bullock and Mr. Patrini attend the Executive Session on March 18th to clear up any information as it relates to the subject.  Sel. Lipka said he would not support bringing in any one in from the outside to recall institutional memory of the issue.  Sel. Lavigne concurred adding that he was interested in hearing what Ms. Kelly has to present.

3. Sel. Ferguson requested that the Town hold a moment of silence at the beginning of each Board meeting to honor those former employees who passed away recently.  Chairman Renzoni said the Board would do that.  Sel. Lavigne asked if anyone was aware of any former town employees who had recently died.  Everyone agreed that they were not aware of any recent employee deaths.

Sel. Renzoni: 1. Said he would be on the Jordan Levy Show on March 1st at 5PM with members of the Wachusett Food Pantry.  The Food Pantry is still looking for a home.

2. Thanked Ms. Kelly for sending a letter to local legislators on behalf of the Town.  The letter states the Town’s opposition to any changes made at the State level to housing authority guidelines.

10. Acceptance of Minutes

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF FEBRUARY 4, 2013 WITH AN AMENDMENT BY TOWN COUNSEL TO ADD THE WORDS “CONCERNING ADVOCACY” AFTER THE WORD “INFORMATION” IN THE LAST SENTENCE IN THE FIRST PARAGRAPH AT THE TOP OF PAGE.

11. Follow Up to Citizens’ Address

Sel. Lavigne read the guidelines of Citizens’ Address into record in order to clarify the question raised by the resident during Citizens’ Address.

12. Adjournment

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ADJOURN THE FEBRUARY 25, 2013 MEETING AT 8:07 PM.


APPROVED: March 4, 2013