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07/15/2013
HOLDEN BOARD OF SELECTMEN – JULY 15, 2013

6:30 p.m.                                                                                                                                                                        Holden Senior Center

Members Present: Vice-Chairman Kenneth Lipka, Selectman Jeremy Kurtz, Selectman Anthony Renzoni and Selectman Mark Ferguson

Others Present: Town Manager Jacquelyn Kelly, Town Counsel Stephen Madaus, Minutes Taker Robin Farrington

Members Absent: Selectman Robert Lavigne, Chairman

Call to Order: 6:30 p.m., Pledge of Allegiance

Vice Chairman Kenneth Lipka served as Acting Chairman for this meeting.

1)       Licenses, Appointments & Permits
  • Constable Reappointments, three-year terms
Selectman Renzoni moved the motion to reappoint Barbara Stacy Smith as a constable. Selectman Ferguson seconded. THE BOARD VOTED 4-0 TO REAPPOINT FOR THREE YEARS BARBARA STACY SMITH AS A CONSTABLE.

Selectman Renzoni moved the motion to reappoint Matthew Atanian as a constable. Selectman Ferguson seconded. THE BOARD VOTED 4-0 TO REAPPOINT FOR THREE YEARS MATTHEW ATANIAN AS A CONSTABLE.

  • Common Victualer – Christa Wilde on behalf of Sweets & Java. Selectman Renzoni moved the motion to approve the Common Victualer license. Selectman Kurtz seconded. THE BOARD VOTED 4-0 TO APPROVE THE COMMON VICTUALER LICENSE FOR SWEETS & JAVA.
  • Common Victualer – Wachusett Area Chamber of Commerce – Holden Days, Saturday, August 24, 8 a.m. to 3 p.m. Selectman Renzoni moved the motion to approve the Common Victualer license. Selectman Kurtz seconded. THE BOARD VOTED 4-0 TO APPROVE THE COMMON VICTUALER FOR THE WACHUSETT AREA CHAMBER OF COMMERCE – HOLDEN DAYS.
  • Public Entertainment – Jen Stanovich on behalf of Wachusett Area Chamber of Commerce – Holden Days, Saturday, August 24, 8 a.m. to 3 p.m. One-day Public Entertainment license. Selectman Renzoni moved the motion to approve the license. Selectmen Kurtz seconded. THE BOARD VOTED 4-0 TO APPROVE THE PUBLIC ENTERTAINMENT LICENSE FOR THE WACHUSETT AREA CHAMBER OF COMMERCE – HOLDEN DAYS.
With time before the 6:45 p.m. scheduled public hearing, the Board agreed to address other agenda items.

2)       Town Manager’s Miscellaneous
  • Town Manager Kelly informed the Board about a reduction in the PCA rate. According to Jim Robinson, HMLD manager, the PCA will be revised started on August 1, 2013. Since the new electric rates went into effect in October 2009, the PCA rates were increased on January 1, 2010 and subsequently reduced three times on April 1, 2010, July 1, 2010 and October 1, 2010. The cumulative effect of those rate reductions since April 2010 total $6.1 million. Town Manager
Kelly reviewed what the PCA rates had been since October 1, 2010 and what they will be (revised downward) effective August 1, 2013.

Town Manager Kelly said Jim Robinson would be at the Board’s next meeting, to discuss this further and provide an update on the upgrade to the transmission line project. Selectman Renzoni inquired about the differences between the old and updated agreement. Selectman Ferguson praised Jim Robinson, adding that with this news, residents would get a reprieve and stretch their paychecks further.

  • MMWEC Master Program Agreement – Town Manager Kelly advised the Board that the Town is finalizing its new energy efficiency program for commercial and industrial customers through the Light Department and will be using MMWEC to administer it. She told the Board that the Town needs to execute an amended and restated Energy and Demand Services Master Program Agreement (MPA) with MMWEC. A vote of the Board of Selectmen, acting as Light Commissioners, will authorize the Town Manager to enter into the agreement. There was some brief discussion about the agreement. Selectman Renzoni moved to approve the MPA has presented. Selectman Kurtz seconded. THE BOARD VOTED 4-0 TO APPROVE THE MPA AS PRESENTED.
Noting the time, the Board broke from the Town Manager’s Miscellaneous agenda item for the 6:45 p.m. public hearing.

  • Public Hearing – Val’s Pizza & Restaurant
Alcoholic Beverages License Alteration of Premises
Selectman Ferguson abstained from the public hearing and any discussion on the matter due to his occasional work relations at the restaurant. He left the meeting room. THE BOARD VOTED 3-0, WITH ONE ABSTENTION TO OPEN THE HEARING. There was no public comment. THE BOARD VOTED 3-0 WITH ONE ABSENTION TO CLOSE THE HEARING. Selectman Kurtz made the motion and Selectman Renzoni seconded to discuss the license alteration of premises. Selectman Renzoni said everything seems to be in order, but wanted a recommendation from Town Manager Kelly. Town Manager Kelly said everything is in order and that the owner of the restaurant is required to come back for an amended license due to the restaurant’s expansion. THE BOARD VOTED 3-0 WITH ONE ABSENTENTION TO APPROVE THE ALCOHOLIC BEVERAGES LICENSE ALTERATION OF PREMISES.

Selectman Ferguson re-entered the meeting room at 6:50 p.m.

Town Manager Miscellaneous Cont’d:
  • Town Manager Kelly advised the Board that a copy of the June 2013 HMLD Monthly Report was in its packet.
  • Proposals for the Bullard Street parcel approved for sale by voters at the 2013 Annual Town Meeting were due on Tuesday, July 9, 2013 at 11 a.m. Town Manager Kelly notified the Board that one proposal in the amount of $40,100 was received from the Holden Youth Soccer (HYS) Association. She notified the Board that the proposal is complete and in good order, and recommended that the Board of Selectmen designate Holden Youth Soccer as the successful bidder. ~Selectman Renzoni moved the motion and Selectman Kurtz seconded. THE BOARD OF SELECTMEN VOTED 4-0 TO DESIGNATE HOLDEN YOUTH SOCCER AS THE SUCCESSFUL BIDDER.
  • Town Manager Kelly said that according to state law, the Town is required to charge more for licensing an in-tact animal than a neutered or spayed dog. The Town Clerk is recommending that the Town take steps to be in compliance. A proposal to increase the license fee for in-tact dogs will be brought forward. It was recommended that the Selectmen vote to set a hearing on this matter on August 12, 2013. Selectman Renzoni moved the motion. Selectman Kurtz seconded. THE BOARD VOTED 4-0 TO SET A HEARING ON AUGUST 12, 2013.
  • Town Manager Kelly announced her weekly Town Manager’s Blog, which appears on the Town’s website.
  • Town Manager Kelly said residents who have a Smartphone or tablet will notice a new format for the Town of Holden’s website, which is tailored for mobile devices. Town Manager Kelly said this has been a long-time coming.
  • Town Manager Kelly advised the Board that John Woodsmall, DPW Director, prepared his June 2013 Monthly Report for the Board’s review.
  • Town Manager Kelly announced the Department of Public Works Summer Composting schedule.
  • Town Manager Kelly noted that a list of pending and completed Selectmen and Town Manager projects was included in the packets.
  • Town Manager Kelly said the Superintendent of Schools received a letter from the Massachusetts Department of Elementary and Secondary Education relative to the District not having an approved FY 2014 budget. The letter authorizes the District to continue its operations and to spend up to one-twelfth of the regional school district’s FY13 budget until the FY14 budget is adopted or until December 1, 2013.
  • Town Manager Kelly advised the Board that Dennis Lipka, Director of Growth Management, has been working with representatives from the WRTA and Holden Days to provide more efficient parking and transportation on Holden Days, August 24, 2013. Holden Community TV has supplied a trolley that circles the route along Main Street, Route 31, Phillips Road/Boyden Road, and back to Main Street. This year, the WRTA will provide two 30-foot buses that will loop from the parking lot at Dawson Recreation or Dawson School to the Boyden and Main streets; the other WRTA bus will circle from the Wachusett Regional High School parking lot along Main Street to the Starbard-Town Hall parking lot.
  • Town Manager Kelly said that Tuesday, July 16, the Town will have a pool party at approximately 1 p.m. to celebrate the 10th anniversary of opening the Municipal Pool Facility.
  • The Library’s annual Truck Day will be held Wednesday, July 17, 2013 from 10-11 a.m. at the Damon House parking lot.
4)      Employee Recognition – Hats’ Off Awards
Public Safety employees were recognized for their successful group effort during a life-saving medical call on June 12, 2013. Those recognized: Dispatcher Sean McKiernan, Police Officer Mark Kent, Police Officer Gregg Sculthorpe; Police Officer Jason Consiglio; Firefighter/Paramedic David Russo Jr., Firefighter/Paramedic Josh Poznanski; Firefighter/Paramedic Bryan Patch; and Firefighter/EMT Andrew Miller.

Police Chief George Sherrill recognized DPW employee Adam Hickey for his involvement in a June 25, 2013 medical call.

5)       Constable Application Fee: Town Manager Kelly presented a proposal from Police Chief George Sherrill concerning the licensing of local Constables. The proposal contains a revised application form and an excerpt from the Massachusetts General Laws relative to the duties of Massachusetts constables. The proposal recommends that a new constable applicant be charged a fee of $150; renewal of a three-year constable license would cost $50. Holden currently has four appointed constables, each appointed for a three-year term. Each applicant is required by law to acquire a surety bond. Once appointed, the constable is supposed to pay a 25 percent portion of his/her fees collected in the Town. However, other than sending out letters reminding constables of their obligation, there is little the Town can do to collect or monitor the constables’ fees. Town Manager Kelly said there is a value to individuals who seek to be a constable in the Town of Holden and that a one-time fee of $150 is reasonable and appropriate. It was recommended to the Board that it approve the implementation of the application fee and revised application form as presented, effective July 16, 2013.

Selectman Renzoni said he wanted to table this discussion and vote until the August 12 meeting. He said he’d like to see a spreadsheet of fees the Town collected from constables from the last 10 years. Selectman Renzoni motioned to table the discussion and vote. Selectman Ferguson seconded. Following some discussion, THE BOARD VOTED 4-0 TO TABLE THE APPROVAL OF THE IMPLEMENTATION OF THE APPLICATION FEE AND REVISED APPLICATION FORM AS PRESENTED.

6)       Citizens Address
  • Ed Meyer of Fort Sumter Drive spoke about police presence during Board meetings.
  • Diana Boudreau, 8 Scott Terrace, spoke about the unresolved issues at the Hill Woods condominiums. Alicynn Wilson, 4 Scott Terrace, and Gary Christianson, 8 Scott Terrace, also spoke on the issue.
7)      Police Officer Assigned to Meetings
Selectman Renzoni said he wanted to clarify the background as to why the decision was made to have an officer present at selectmen meetings. Selectman Renzoni, who identified himself as chairman at that time, spoke about alleged phone treats, selectmen behavior, both verbal and non-verbal, during meetings and outside of meetings. He said he spoke to the Town Manager about the incidents and it was suggested he speak with the police chief. Selectman Renzoni said it was the police chief’s decision to dispatch an officer to the meetings. Selectman Renzoni said there was no officer present during the current meeting and he believed the police chief was satisfied with what was going on. He said he was not prepared to discuss the matter further.
Selectman Ferguson said the request to have an officer present at meetings as wasting taxpayer money. Selectman Ferguson gave his account of the alleged incidents.
Acting Chairman Lipka said he was going to cut the discussion short. He said the police chief made a decision based on the request from the former chairman. He said it was not a waste of taxpayer money and that the board was discussing “hearsay.” He said he was not going to listen to the discussion anymore. He said the discussion was closed.

8)      Selectmen Subcommittees
Selectman Renzoni: The Water/Sewer Advisory Board has not met. He announced that the new Veterans’ Advisory Committee is open for residents to consider joining.

Selectman Kurtz: The EDC has not met. He was going to meet with candidates of the Starbard Scholarship on July 20. Selectman Ferguson said he was going to try to make the interview times.

Acting Chairman Lipka: None of his committees has met.

9)       Selectmen’s Minutes
  • Selectman Renzoni motioned to approve the May 6, 2013 minutes. Selectman Kurtz seconded. THE BOARD VOTED 4-0 TO APPROVE THE MAY 6, 2013 MINUTES AS PRESENTED.
  • Selectman Renzoni motioned to approve the June 3, 2013 minutes. Selectman Kurtz seconded. THE BOARD VOTED 4-0 TO APPROVE THE JUNE 3, 2013 MINUTES AS PRESENTED.
  • Selectman Renzoni motioned to approve the June 17, 2013 minutes. Selectman Kurtz seconded. THE BOARD VOTED 4-0 TO APPROVE THE JUNE 17, 2013 MINUTES.
10)     Selectmen Miscellaneous
Selectman Kurtz said he wanted to discuss the June incident concerning the rabid bobcat. He inquired about the training that the Animal Control officer has or not had. He inquired what was available to him so another incident does not happen.
Town Manager Kelly said the Animal Control Officer does have the proper training, but there was confusion between two staff members over who picked up the animal once it died, to send it out for testing. She said there was a good ending to the situation. A discussion about the incident continued. Town Manager Kelly said if someone comes into contact with a rabid animal, call 911 immediately. The Animal Control Officer and emergency medical staff would be dispatched and the Board of Health notified and medical personnel alerted.
Acting Chairman Lipka asked if something could be sent out on HMLD flyers. Town Manager Kelly suggested something on the Town website.
Selectman Kurtz also sent along his congrats to the Holden Little League for its recent big win.

Selectman Ferguson wanted to talk about the gas line continuation on Shrewsbury Street, saying he would like the administration to do more. He said he’d like to see something from Mountview Middle School to Doyle Road and the length of Shrewsbury Street, down to the Immanuel Lutheran Church.
Town Manager Kelly said she met with NStar representatives and referenced a letter in the selectmen’s packet. She said the meeting went well and NStar is willing to work with the Town.  The discussion continued.

Selectman Ferguson also wanted to discuss ECC property on Princeton Street. He said he asked for a listing of what is owed to the Town in taxes. He said the building continues to be an eye sore and one that lends itself to mischief. He asked when the Town would partner with the state and federal government to clean-up the property, so the Town can take over the 17-acre site.

Town Manager Kelly said the property is in tax title. Acting Chairman Lipka said the property contains environmental problems. If the Town takes the property, it takes the problems with it. Approximately $500,000 is owed to the Town. The Town has looked into whether or not the property fits as a brown field area that could be subject to development. She said the ECC property does not. She also said the Town has looked at and continues to look at whether money is available.

Acting Chairman Lipka asked if the Town could take another look at it.

Town Manager Kelly said that in 2008, Town Meeting turned down monies to be spent on engineering studies for the property. She said Town Meeting could be asked again. She said she could provide some background at the Board’s next meeting.

Selectman Ferguson also wanted to discuss fluoride in Holden’s water and questioned whether Holden was getting its money worth. He noted more people are drinking bottled water than in the past. He also discussed the need to do more about leak detection.

Selectman Ferguson also said he was watching with keen interest the search for an Assistant Town Manager. He said it is his hope that this new person has a law degree.

11)      Follow-up Citizens Address
Town Manager Kelly said she would send an email to Mr. Christianson and will show it to the board. Selectman Renzoni said the Town has no authority to take over the project. He told the residents to keep the communication open with the Town Manager’s office.  The discussion continued. Town Manager Kelly said she would get something to the Board within a week

At 8:13 p.m., Selectman Renzoni moved to adjourn the meeting. Selectman Ferguson seconded. THE BOARD VOTED 4-0 TO ADJOURN THE MEETING.

APPROVED:  August 12, 2013