Board of Selectmen, July 18, 2016

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

JULY 18, 2016

6:30PM                                                                                                           Senior Center

Present:                       Chairman Anthony Renzoni, Tim Ethier, Geri Herlihy

Not Present:                Jeremy Kurtz

Others Present:            Jacquelyn Kelly, Town Manager

                                    Peter Lukes, Assistant Town Manager (6:33PM )

                                    Stephen Madaus, Town Counsel

                                    Liz Fotos, Town Recorder

Chairman Renzoni called the meeting to order at 6:30PM.  The Board stood to recite the Pledge of Allegiance.

1. Appointments, Licenses, Permits

Motion by Sel. Ethier  seconded by Sel. Herlihy it was, UNANIMOUSLY VOTED TO APPROVE AN APPLICATION BY JEN STANOVICH ON BEHALF OF WACHUSETT AREA CHAMBER FOR A PUBLIC ENTERTAINMENT LICENSE FOR HOLDEN DAYS AT BUBAR FIELD, BANDSTAND AND DAMON HOUSE LOT FOR FRIDAY, AUGUST 26, 2016 FOR SET UP AND SATURDAY, AUGUST 27, 2016 FROM 8AM TO 3:00PM.

Motion by Sel. Ethier, seconded by Sel. Herlihy, it was UNANIMOUSLY VOTED TO APPROVE AN APPLICATION BY JEN STANOVICH ON BEHALF OF WACHUSETT AREA CHAMBER FOR A COMMON VICTUALER LICENSE FOR THE FOOD COURT AT HOLDEN DAYS AT DAMON HOUSE & SENIOR CENTER GROUNDS ON SATURDAY, AUGUST 27, 2016 FROM 8:00AM TO 3:00PM.  

Ms. Kelly stated that her office had received a letter from Matthew Atanian requesting re-appointment as a Constable for another three year term.  She stated that he had paid the fee of $50 and that he does not owe any constable fees to the Town at this point.  Ms. Kelly stated that she recommended that the Board appoints him for the term.

Sel. Ethier asked what the duties of a constable were.

Ms. Kelly stated that the Town had about five constables and they serve court papers, warrants, and documents.  She stated that some constables are independent and others work for various companies.  Ms. Kelly stated that constables also post warrants for Town Meeting. 

Motion by Sel. Ethier, seconded by Sel. Herlihy, it was UNANIMOUSLY VOTED TO APPOINT MATTHEW ATANIAN TO THE OFFICE OF CONSTABLE FOR A PERIOD OF THREE YEARS, SUBJECT TO THE CONDITION THAT HE/SHE ADHERE TO THE GENERAL LAWS, INCLUDING SECTION 95A AND 95B OF CHAPTER 41; AND FAILURE TO REMIT PAYMENTS TO THE TOWN WILL RESULT IN A RESCISSION OF THIS APPOINTMENT BY THE BOARD OF SELECTMEN OR A BASIS FOR DENIAL OF REAPPONTMENT TO SAID OFFICE.

Ms. Kelly told the Board that they had reappointments for the Cultural Council as well. 

Chairman Renzoni asked if they were invited in.

Ms. Kelly replied that they were reappointments so the Board had already met them and that were invited but were unable to attend and she asked if the Board needed them to come in before they were reappointed.   

The Board stated that they did not need them to come in as they were reappointments and they were familiar with both of them and they had both done a fine job.  The Board thanked them for their service. 

Motion by Sel. Ethier, seconded by Sel. Herlihy, it was UNANIMOUSLY VOTED TO REAPPOINT JANE BECKER AND KATHLEEN WELSH TO THE HOLDEN CULTURAL COUNCIL AS PRESENTED. 

1. Chief Armstrong

Chief Armstrong stated that he wanted to thank the community.  Since the incidents in Dallas and Baton Rouge, the Department had received so much support from the community -- cards, emails, Facebook messages, food, and more.  It was overwhelming to receive this support and he just wanted to thank the community.  He stated that it had been very special.

Chief Armstrong stated that he also wanted to let the Board know that Officer Evan Parker had graduated from the Worcester Police Academy.  He stated that Officer Parker had won the Academy’s Fire Arms Award.

Chairman Renzoni asked the Chief to pass along the Board appreciation to the Department.

1. Education Options Review Committee

Ms. Kelly stated that she had passed out the charge for the Education Options Review Committee and had attached the names of the people that had expressed interest in being on the committee.  She stated that the Board’s usual process has been to approve the charge and then to ask potential members to come to a meeting to be interviewed and then make appointments to the committees.

Sel. Ethier suggested giving them the options of attending either the August or September meeting.  He stated that it looked as though there were nine individuals interested in the committee. 

Ms. Kelly asked if the Board wanted to meet before the regular meeting time in order to accommodate the interviews.  Chairman Renzoni confirmed that they would like to meet early. 

Sel. Ethier stated that he felt it was important to give everyone the opportunity to come in and meet with the Board prior to being appointed.  Sel. Herlihy agreed. 

1. Signing of Warrant- September 8, 2016 State Primary Election

The Board signed the Warrant.

1. Town Manager’s Update

1. Chipping & Composting: The Brush Chipping and Composting schedule for the remainder of this summer season is Saturday, August 20 and Saturday September 17.  Hours of operation are 8 a.m. to 2:30 p.m. weather permitting.  Loose leaves and grass clipping may be brought to the former landfill site at 560 River Street.  Brush should be brought to the Adams Road DPW Facility due to the Asian Longhorned Beetle quarantine area.

            Composting and brush chipping will continue throughout the fall.  Further dates for these events are available on an updated Save the Date Flyer.

1. Save the Date Flyer:  An update Save the Date flyer will be distributed in the July utility bills.  The Save the Date flyer is yet another means to communicate with our residents, especially those who do not regularly use the Town’s electronic media.

1. The Council on Aging offers the Morning Glory Café every Friday, serving coffee, tea and homemade goodies.  All are welcome.

1. Mountview School Project: The construction and demolition activities at the Mountview site are continuing on schedule.  The building additions to the old school building have been abated of hazardous materials such as asbestos and demolished.  The demolition of the remaining old school building will take place over the next few weeks.  Work has been done simultaneously on the fields, grounds, and other site work, as well as completing and closing out the punch list on the new structure.

One project that was not part of the original plan is the installation of poles and netting on the far west side of the softball/baseball field.  Light Department forces have installed light poles along this perimeter, and netting will be placed between the poles to create a barrier.  This should prevent balls from flying over the edge of the field and into the drainage area.

1. Town Parking Lots:  The paving of the Town Hall/ Starbard Building Congregational Church parking lot, the Library, and the Recreation Department will begin the week of July 25.  Construction plans for the area are attached for your information.  The church owns a portion of the parking lot and will be reimbursing the Town for its expense for paving those areas.  Tax bills are due August 1 and we will take steps to make sure that the work does not interfere with access for vehicles and pedestrians. 

1. Road Resurfacing: Our road milling and resurfacing program is underway.  A list of the streets to receive work this season is attached.  We have been sending out messages via Code Red and our electronic messaging system about pending work and detours for the motorist can plan accordingly.   As is customary, private utility companies such as the gas company have been notified in advance of the pending work should they plan to install or repair their pipelines.

            Sel. Ethier stated that it took a lot of work but they have done a great job.

1. HMLD Monthly Report:  A monthly report is attached for the Holden Municipal Light Department for the period ending June 30, 3016.  these reports are prepared by Jim Robinson, General Manager.  As a reminder, the HMLD operates on a calendar year, January to December, so this report provides a mid - year snapshot of operations.

Chairman Renzoni noted that, according to the Report, the amount of customer bills collections  has been cut in half. 

h) Revenue and Expenditure Reports:  Attached are the Revenue and Expenditure Reports for May 2016, prepared by Lori Rose, Town Accountant

1. WRSD Budget:  Enclosed is a letter of response to Dr. Darryll McCall, Superintendent of Schools from William Bell, Associate Commissioner of the Massachusetts Department of Elementary and Secondary Education, approving a ‘1/12^th” Budget starting July 1, 2016.

1. Municipal Representative for Negotiations, WRSD: According to the Superintendent’s Office, Selectman Sheila Dibbs of Rutland has been designated as the Municipal Representative for Negotiations to the WRSD School Committee’s Collective Bargaining activities.

1. DLTA Funding: Direct Local Technical Assistance (DLTA) funding for FY17 was removed by the Governor from the FY 2017 state budget.  According to Otto Lies, Holden’s Representative to the Central Massachusetts Regional Planning Commission (CMRPC) Executive Committee, DLTA funding has been quire important during the past years, and Holden and our region have benefitted considerably.  CMRPC received $244,859 this calendar year in DLTA funding.

He has requested that the attached letters supporting an override of the Governor’s veto be sent to our representative and senator.  Also attached is a press release with further information on how regional planning agencies throughout the state have benefited from DLTA funding.  Both Mr. Lies and Janet A. Pierce, Executive Director of CMRPC, recommend that member towns take similar steps to contact their legislators.

Chairman Renzoni asked Ms. Kelly the benefits that the Town saw from CMRPC.

Ms. Kelly stated that the Town was required to be members and Holden has a long standing relationship with CMRPC.  Ms. Kelly stated that she thinks it is very important to participate and be a member of CMRPC.   The next agenda item would describe a study conducted by CMRPC for Hazardous Mitigation.

Chairman Renzoni asked Ms. Kelly to draft a letter to legislation on behalf of the Board without objection. 

Sel. Herlihy stated that there were so many impressive things that CMRPC had done in Central Massachusetts she couldn’t imagine not supporting this.

Chairman Renzoni interrupted Town Manager’s Update to call for Citizens Address

6) Citizen’s Address  -- No citizens rose to address the Board

Town Manager’s Update Cont.

1. Holden Days: Holden Days will be on August 27 this year.  The Selectmen have had a table in front of Miles Funeral Home each year and we have confirmed a table for this year, as well.  Usually, the Selectmen will coordinate coverage for the day 9AM to 3PM.

• Little League Championships: The state championship playoffs for Little League ages 9-11 will be held at the Chaffins Recreation Area on the weekend of July 23 to 24.  Holden Community TV is sponsoring a trolley for transportation to businesses on Main Street.  They will also be video-taping the games.

Chairman Renzoni stated that he wanted to recognize Bob Lavigne for the work he did to coordinate this.  He stated that Mr. Lavigne worked with the Little League as well as the Chamber of Commerce in order to involve Holden businesses and have the trolley go up Main Street throughout the day. 

Sel. Ethier stated that the fields were great and well taken care of as well and it spoke measures to the Town that the Championship game was being held here.

Sel. Herlihy praised Stuart Cain, the President of Holden Baseball as well.

m)  Holden AM Radio 1680:  The Town has launched a new means of communicating with our residents during emergencies via an AM radio station- AM1680.  The new radio station is broadcasting from the Oriol Heath Care Building at 64 Boyden Road.  Thanks go to the Oriol family for their generosity in the providing space for our antenna system on the roof.   That location is high enough to broadcast a signal that can reach virtually the entire town.  The radio station has been supported by grants received by the Fire Department.  Kudos are due to Chief Chandler and his staff for this initiative.

Sel. Ethier asked if the Town owned the frequency.   Ms. Kelly confirmed that we did.

7)   Central MA Regional Planning Commission- Presentation on Holden Hazardous Mitigation Plan

Paul Dell’Aquila, CMRPC was present at the meeting and gave a presentation entitled Town of Holden, Hazard Mitigation Plan: Holden Board of Selectmen; July 18, 2016

Mr. Dell’Aquila stated that the Federal Disaster Mitigation Act of 2000 required that all cities and towns adopt and update a Hazard Mitigation Plan to be eligible for FEMA mitigation grants.  He stated that by adopting the plan it will allow the Town to seek reimbursement through FEMA grants.  He stated that once a disaster is declared and funding is rolled out, a town may apply for grants if they have a Hazard Mitigation Plan in place.  He stated that if you move forward with the funding, it can cover up to 75% leaving the communities responsible for 25% of the cost.

Mr. Dell’Aquila stated that through the direction of the Town Manager’s office, CMRPC provided technical assistance to the Town to develop the plan.  He stated that they worked with the Town’s Local Hazard Mitigation Team and brought it to the Board and public tonight (July 18, 2016).  He stated that they will then submit a draft of the plan to MEMA and FEMA for review, revision and approval and hold a public meeting this fall for the Board to adopt the plan.

Mr. Dell’Aquilla stated that this was not an Emergency Response Plan but it was a plan to avoid reoccurring problems. 

He stated that the six tools and techniques for hazard mitigation were prevention, property protection, public education, natural resources protection, structural projects, and emergency services protection.  Mr. Dell’Aquilla asked if there were any questions from the Board.

Chairman Renzoni asked if the funding was through a grant.

Ms. Kelly stated that it was through the CMRPC which had received a FEMA/MEMA grant to support the study.

Christopher Montiverdi, Emergency Management Coordinator, stated that once the plan is in place the Town is eligible to receive 75% reimbursement from FEMA in the event there is a disaster.  .  

Ms. Kelly stated that CMRPC along with Chris Montiverdi have been coordinating the study.  When there is a disaster such as the ice storm, you can receive 75% reimbursement of the expenses from FEMA/MEMA. However, you have to have the plan in place in order to qualify for the money.    Ms. Kelly stated that, in the past, there were additional Non-FEMA grants available to cover the other 25%.   

Mr. Dell’Aquilla stated that after tonight’s meeting, the plan will be submitted to FEMA/ MEMA which usually take about two months to review and approve the plan.  Then, it will come back to the Selectmen for adoption.

Chairman Renzoni stated that the Board will work with the manager to get this back to them.  He invited the members of the Mitigation Team back at any point.

8) Worcester Stage 2 Drought- Water Use Restriction

Ms. Kelly stated that the region was in a drought and as a Town there were additional water use restrictions being implemented at this time.  Ms. Kelly stated that with the severity of the drought, the City of Worcester, who we purchase water from, has moved to a Stage 2 Level Drought Declaration.   She stated that most of the changes have to do with outdoor water use restrictions.

Mr. Woodsmall, Director of Public Works, stated that the region has been in a long term drought.  The Massachusetts Drought Advisory Task Force has recently declared a “Drought Watch” for this area, which is the second of four drought levels.  The United States Drought Monitor has placed this area in the D2 –Severe Drought category, which is the third of five drought levels.  Overall, the Holden area is running a precipitation deficit for the year of at least seven inches.  Long term weather patterns and forecasts do not indicate that the drought is about to end in the near future.

Mr. Woodsmall stated that Holden has four water wells and two interconnections with Worcester.  As a condition of the Town’s Water Management Act Permit, the Town is required to implement seasonal water use restrictions which are in effect from May  to September.   Mr. Woodsmall stated that last week the Town was notified that the City of Worcester was going to a Stage 2 Declaration because of what the low levels in the City’s reservoirs.  He stated that as part of the Town’s agreement with the City, we are required to implement the same Stage 2 water use restrictions, which are in addition to our seasonal restrictions.

The Level 2 Mandatory Water Ban will restrict outside water use for Holden water customers to an odd/even basis.  Outdoor watering will only be allowed on ‘odd’ days for properties located on the odd numbered side of the street, and on ‘even’ days for properties located on the even numbered side of the street.  The only exceptions to the Level 2 Mandatory Water Ban are for commercial agricultural, commercial floriculture, or commercial horticultural uses at one principal, permanent place of business.

Ms. Kelly stated that she included a publication from the Worcester Water Department for the Board to review that outlined the water restrictions.  She stated that the goal of the Level 2 ban was to achieve a ten to fifteen percent reduction in overall water use.

Sel. Ethier asked if the odd/even watering was currently in effect. 

Mr. Woodsmall replied that it would go into effect when we received the declaration from Worcester.  However, people should plan to adjust their irrigation system timers accordingly.

Sel. Ethier stated that according to the Worcester restrictions,  irrigation systems could not be used between 7 a.m. and 7 p.m.

Sel. Ethier asked about washing.

Mr. Woodsmall replied that typically car washing was discouraged but if people did wash their cars, they should park the car on the lawn so that there is less run-off.

Sel. Ethier asked what percentage of water comes from the Town wells.

Mr. Woodsmall replied about two-thirds of the Town’s public water supply comes from our own wells and the rest comes from Worcester.  He stated that we do have the capacity to take more from the City but that there is a cost involved and, overall, the Town’s wells are adequate.  He stated that our wells and storage tanks may be low at times but that is not alarming currently.

Chairman Renzoni stated that he was glad to hear that the wells were in good shape,  He asked if they anticipated the well levels going down with the drought.

Mr. Woodsmall stated that they will monitor them and if that occurred further water restrictions will need to be implemented.

Chairman Renzoni asked about the Water-Sewer Enterprise Fund budget projections.  He asked if sales’ revenue would be affected.

Mr. Woodsmall replied that rates were currently structured to cover fluctuations in sales. He stated that while the Town may be receiving less money for drinking water use, there was lower sewer flow and corresponding expense to the Town/Fund.   

Chairman Renzoni stated that he thinks the Town needs to lead the way with this in terms of making sure that all the Town facilities were doing the right thing.

Mr. Woodsmall replied that the Town would be.  He stated that even though most of the town athletic fields and facilities were on well water, the town would be adjusting their irrigation systems to the odd/even schedule. 

Ms. Kelly stated that everyone should be as cautious in their water use.  It is a serious drought situation but it is manageable.

Chairman Renzoni thanked Mr. Woodsmall for coming in.

9) Follow Up to Citizens Address -- None

10) Solicitations/ Canvassing Bylaw Updates

Ms. Kelly stated that at the last meeting the Board had discussed door to door solicitation in Town and Chairman Renzoni suggested specific changes to the solicitation bylaw.  She stated that in response to the Chairman’s suggestions, Ms. Kelly asked Mr. Madaus to look into the matter.   She stated that there was a lot of case law surrounding this issue; much of it relates to First Amendment (freedom of speech) rights.   

Ms. Kelly stated that she also asked Chief Armstrong for data about permits. She stated that there are about one-half dozen permits in play and that much of the activity took place in the spring months.  She stated that door-to-door solicitations require a permit from the Police Department.   The Department reviews and issues permits and is in charge of monitoring those activities.  Solicitations by religious or political groups can not be regulated.

Ms. Kelly stated that Mr. Madaus has provided the Board with his analysis of the recommended changes that were suggested.    Chairman Renzoni stated that he thinks the Board had read and appreciated Mr. Madaus’ input on the matter.  He stated that it looked as though the only suggested change would be to increase the fee.  Restricting hours would most likely be challenged and the Town would probably lose.

Mr. Madaus stated that his research showed that commercial door-to-door canvassing is deemed to be protected speech, both for the person that is seeking to convey the message and for those receiving it.  He stated that there was a lot of case law on this matter and if the Town seeks to restrict access to people there is a problem, legally.  He stated that he had taken each of the suggested change to the bylaw and applied it to case law.  He stated that the adjustment of the fees would be permissible but the restriction of hours would not.  With regard to limiting hours, he noted that proposed restriction of hours in the case law, which were more lenient than what was suggested by the Board, still was not allowed by the courts.

Chairman Renzoni asked if the Board had any questions.

Sel. Herlihy stated that she had seen a lot of the same case law come up, but she also knew that some towns did not allow canvassing on Sundays or Holidays.  She asked if that could be a first step.

Mr. Madaus stated he could look into that.

Sel. Ethier asked about the tick and mosquito companies that put signs up, or the companies that throw information on your driveway.  He said that this was essentially littering and he thought that the Town could fine them for that.

Mr. Madaus stated that those activities were different than canvassing and were not addressed in his analysis. 

Chairman Renzoni stated that the Board did not want to restrict free speech, but rather to protect citizens.  He asked what a ‘No Solicitation’ sign would do for a resident.

Mr. Madaus stated that it would protect them from canvassers coming on the property.  He stated that with a sign up it would be trespassing.

Chairman Renzoni stated that he believes that other towns have a “No Solicitation” List similar to the Do Not Call List.  He said that he would be curious if the Town could do something like that.

Ms. Kelly said that creating, updating, and managing such a list would be an administrative burden to the Police Department. 

Chairman Renzoni stated that there were other Towns that did this and he speculated that it was working.  He stated this has been one of the issues that he has heard the most about since becoming a Selectman and he was interested in doing something about it without thwarting free speech.

Sel. Herlihy stated that she knows that if they have a ‘No Solicitation’ sign up, it would be prohibited to solicit to that home.

Chairman Renzoni stated that he would like to revisit this at some time and that in the mean time the residents should put up “No Solicitation” signs and contact the non emergency line of the Police Department if people were coming onto their property anyway.  He thanked Mr. Madaus for his work on the matter.

11) Selectmen Subcommittees - None

12) Selectmen Minutes

Motion by Sel. Ethier, seconded by Sel. Herlihy, it was UNANIMOULY VOTED TO APPROVE THE JUNE 20, 2016 BOARD OF SELECTMEN MEETING MINUTES AS PRESENTED.

13) Selectmen Miscellaneous/ Open Meeting Law Discussion

Chairman Renzoni stated that Sel. Kurtz suggested to him that an Open Meeting Law violation occurred when a Selectmen hit ‘reply all’ to an email.  He stated that if this is the case, the Board Member should self-report.

Mr. Madaus stated that there should be no conversation among board or committee members via email.  He stated that the Open Meeting Law requires that all deliberation on matters before the Board occur at a public meeting.  He stated that you are allowed to disseminate information to the full Board via email, but it is the response back that is the Open Meeting Law violation. 

Chairman Renzoni stated that the Chairman of the Fin Com suggested via email that Sel. Ethier expressed an opinion when he hit ‘reply all.’  Chairman Renzoni stated that he did not think that was the case and there was not any deliberation that occurred.

Sel. Ethier stated that he did respond to the email and he may have unknowingly violated the Open Meeting Law.   Sel. Ethier said that the lesson was learned.  He stated for the record, the email was regarding the DPW Facility Committee. He stated that he would be more than happy to read the email into the record if need be. 

Chairman Renzoni stated that when the Board approves these meeting minutes we will attach a copy of the email for those interested.

Chairman Renzoni stated that the next meeting would be August 15, 2016 at the Senior Center.

Sel. Ethier stated that he wanted to point out that there was a complimentary letter in the packet about the before school program at the recreation department that gives kids a place to go with purpose.   He also noted that he had received positive feedback from a resident regarding how the demolition/controlled burn of the Creamer Property was handled.

Motion by Sel. Ethier, seconded by Sel. Herlihy, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION TO CONSIDER THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROEPRTY IF THE CHARI DECLARES THAT AN OPEN SESSION MAY HAVE A DETRIMENTAL EFFECT ON THE NEGOTIATING PORTION OF THE PUBLIC BODY (MGL Ch 21 (a) AND RETURN TO REGULAR SESSION FOR THE SOLE PURPOSE OF ADJORNMENT.  (Roll Call: Ethier: yes; Renzoni: yes; Herlihy: yes).

Motion by Sel. Ethier, seconded by Sel. Herlihy, it was UNANIMOSULY VOTED TO ADJOURN THE JULY 18, 2016 BOARD OF SELECTMEN MEETING AT 8:58PM.

APPROVED: __September 6, 2016__________________