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05/20/2013
HOLDEN BOARD OF SELECTMEN
TOWN MEETING MINUTES
MAY 20, 2013

6PM                                                                                             WRSD

Present:                
Chairman Robert Lavigne, Anthony Renzoni, Kenneth Lipka, Mark Ferguson, Jeremy Kurtz
                        
Others Present: 
Jacquie Kelly, Town Manager
Stephen Madaus, Town Counsel
Elizabeth Helder, Recording Secretary

Chairman Lavigne called the meeting to order at 6PM.  The Board participated in the Pledge of Allegiance.
The Chairman introduced Jake Correira, a Boy Scout from Troop 180 to the Board.  

  • Licenses and Appointments
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO BARRY TUPPER ON BEHALF OF PACK 46 CUB SCOUTS FOR A SNACK SHACK AT THE MEMORIAL DAY PARADE ON MAY 27, 2013 FROM 10AM-2PM .

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO STEVE D’AQUILLA ON BEHALF OF BOY SCOUT TROOP 182 TO SELL ICE CREAM AT THE MEMORIAL DAY PARADE ON MAY 27, 2013  FROM 11AM-1PM .

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE REAPPOINTMENT OF ROY FRASER TO THE ZONING BOARD OF APPEALS FOR A THREE YEAR TERM.

  • Discussion of Warrant Articles
The Board discussed Warrant Article 28: Monty Tech Stabilization Fund.  Mr. Steven Sharek, Superintendent, Monty Tech, explained why the school would like to establish a Stabilization Fund.  A new State Law allows regional school districts to establish a Stabilization Fund, which will act like a permanent savings account for capital projects.  Mr. Sharek said it is the school’s long term goal to avoid spikes in assessments.  He added that 13 of 18 towns must approve establishment of the fund.  The Stabilization Fund will not be funded in FY14 and will be funded with approximately $20-25K in FY15.  Holden’s share would be approximately 12%.   Mr. Jim Cournoyer, Holden’s Monty Tech School Representative said he was in favor of the fund.  Establishment of the fund was recommended by the Massachusetts Association of School Business Officials.

Sel. Ferguson asked what would happen if one town does not contribute to the fund?  Mr. Sharek said if 13 of the 18 towns vote to approve the fund, then all towns would be required to contribute.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SUPPORT WARRANT ARTICLE 28 AS PRESENTED.

Warrant Article 37: Citizen Petition of Grant Groceries.  Chairman Lavigne invited Attorney Leo McCabe, representing Gordon Grant who operates One Stop Mini Mart on Main Street to speak to the Board.  Mr. McCabe said that Mr. Grant currently holds a beer and wine license at this establishment.  While State Law dictates a town is entitled to one liquor license per 5000 residents, the Town has not quite reached the next level at 20,000 residents to qualify for another liquor license.  Mr. Grant has submitted the petition in order to override special legislation/special act to obtain a full-liquor license.  The license would be specific to this one establishment and would not transferable to a different location.  Mr. McCabe said that Chief Sherrill has indicated that there have not been any liquor violations at the One Stop Mini Mart.

Sel. Renzoni cautioned the Board that endorsement of this license by the Board would be setting a precedent.  Is the town setting itself up for five more businesses to apply at the next Town Meeting for special permit liquor licenses?  He said that without a long-term business plan, the Board needs to be careful.  While the business owner runs a good business, the Board is not in a position to endorse this special license at this time.  Further discussion needs to happen on how this decision will affect the community.  He said that he had nothing against Mr. Grant and was just concerned with what will happen with other businesses down the road.  

Mr. McCabe said he offered to make a presentation to the Board when the paperwork was filed in February.
Mr. Grant said he has run the business for 6 years and already sells beer and wine without any violations.  He explained that he has lived in town for 26 years and his customers are enthusiastic about the possibility of purchasing a case of beer and vodka at the same time.  He said that his total volume is stagnant; only beer and wine are making money.  He said he understood that the license would be for the public good and that hard liquor will his increase sales.  

Sel. Lipka asked how liquor licenses are handled in town.  Sel. Ferguson said McKinley’s purchased their license from Jefferson Liquors.  He said he felt the process was being rushed.  He asked that the Board wait until the town reaches 20K in population and then all applicants could apply for the license.  He added that he has received calls from 2 of the 4 businesses operating liquor licenses in town to register their objections to this warrant article.  He suggested that the Board put the decision before the people of Town Meeting and follow the will of the Town Meeting floor.  

Sel. Renzoni recommended that the Board vote to not take a position.  “If I say yes to you, how can I say no to the next person?”   He said that while he does not support the warrant article, he agreed with Sel. Ferguson that in order to not hurt the business owner, the decision should go before Town Meeting.  

Chairman Lavigne said he wanted to support the business owner from an economic position and would vote to support the warrant article.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was VOTED 4-1 WITH 1 OPPOSED TO TAKE NO ACTION ON WARRANT ARTICLE 37.  (OPPOSED: LAVIGNE.)

Stephanie Borg, a Gale Free Library Trustee, addressed the Board regarding staffing a third night at the Library.  Ms. Borg said extending patron hours on this additional night during the week will increase circulation by approximately 10% (based on statistics from Tuesday/Thursday operations figures).  Chairman Lavigne said that the Finance Committee had voted not to approve an increase of approximately $7,000 for this endeavor.  One Finance Committee member said they would not support the increase because they did not want to increase circulation at the library.  The Chairman said he felt it was not the responsibility of the Finance Committee to dictate the operations at the library; only make prudent financial decisions for the Town.

He said opening the library a third night during the week was a goal the Board had given the Town Manager to achieve in FY13.  He said for very little money, the library will be able to serve many more patrons.   Sel. Renzoni said this motion would not affect taxes in any way and could only bring good to the community.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CHANGE THE LIBRARY BUDGET FROM $779,639 TO $786,536.

Sel. Renzoni said he would speak to the motion on Town Meeting floor.

The Board discussed Warrant Article 8: Education Voluntary.   Sel. Renzoni commented that it was not a tight budgetary year for Holden and felt the article should be supported.  Ms. Kelly reported that Rutland failed the article and Paxton voted to go to an override to fund the contribution to the District budget.  Sel. Ferguson said that he supported Holden’s contribution, but would not support Holden subsidizing the budgets of the other towns.

Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO SUPPORT WARRANT ARTICLE 8 AS PRESENTED.

Ms. Kelly reported that the DPW had approved Vista Circle for Street Acceptance.

Town Counsel reported that the Planning Board had denied the Citizen’s Petition of Roy Fraser regarding Warrant Article 38: Amend Zoning Change from R-2 to Commercial.  Mr. Madaus said that State law does not allow a Citizen’s Petition that has been denied two years in a row to be presented at Town Meeting.  Since Mr. Fraser’s petition was voted down at the 2012 Town Meeting, this denial by the Planning Board qualifies the petition for this clause.

Ms. Kelly reported that Standard and Poor’s has given the Town a favorable review which will help the Town achieve favorable borrowing rates in the future.

  • Recess to Town Meeting
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED AT 6:48PM TO RECESS TO TOWN MEETING AND RECONVENE AT THE END OF TOWN MEETING FOR ADJOURNMENT PURPOSES ONLY.

  • Adjournment
Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO ADJOURN THE MEETING AT 9:00 PM.

APPROVED: June 3, 2013