Board of Selectmen, June 20, 2016
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
JUNE 20, 2016
6:30PM Senior Center
Present: Chairman Anthony Renzoni, Jeremy Kurtz, Geri Herlihy, Tim Either
Others Present: Jacquelyn Kelly, Town Manager
Peter Lukes, Assistant Town Manager
Liz Fotos, Town Recorder
Chairman Renzoni called the meeting to order at 6:30PM. The Board stood to recite the Pledge of Allegiance.
- Appointments, Licenses, Permits
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO APPROVE LYNN STROMBERG ON BEHALF OF LETTUCE BE LOCAL (NON-PROFIT ORGANIZATION) FOR A ONE DAY WINE & BEER LICENSE FOR FARMSTALK 1 DAY FARMERS MARKET & ANNUAL LOCAL FARMER DINNER DESINGED TO STRENTHEN THE LOCAL AGRICULTURAL COMMUNITY ON JULY 24, 2016 FROM 11:00AM TO 3:00PM FOR THE FARMSTALK AND 3:00PM TO 6:00PM FOR THE DINNER.
Sel. Ethier asked if this was something that was usually done.
Ms. Kelly replied that it was unusual but that the applicant had satisfied all the Town’s requirements and Lettuce be Local is a not for profit organization. The event is being held on private property.
Sel. Ethier asked if they needed to be TIPS certified.
Ms. Kelly replied that she believed they did.
Chairman Renzoni stated that he had spoken to them and this was the first time it was being done in Holden and it was a great organization.
Motion by Sel. Ethier, seconded by Sel. Kurtz, t was, UNANIMOUSLY VOTED TO APPROVE AN APPLICATION BY STEPHEN LASKA ON BEHALF OF CENTRAL MASS STRIDERS FOR A PARADE PERMIT FOR A ROAD RACE FOR THE 53RD RUNNING OF THE FRED WARREN 5.5 MILE ROAD RACE START AND FINISH AT COMMERCE BANK & TRUST, MAIN STREET ON JULY 24, 2016 FROM 6:30PM TO 8:30PM.
Motion by Sel. Kurtz, seconded by Sel. Herlihy, it was UNANIMSOULY VOTED TO GIVE THE TOWN MANAGER AUTHORIZATION TO REVIEW AND APPROVE LICENSES AS NEEDED AS THE BOARD MOVES INTO A SUMMER SCHEDULE.
Ms. Kelly stated that she did pass out a Selectmen summer meeting schedule to the Board. The July, August and September meetings will be held in the Senior Center.
Chairman Renzoni stated that the Board would meet July 18, 2016 and August 15, 2018.
- Signing of Warrant for 9/8/16 Special Election
Ms. Kelly stated that at the last meeting the Board voted to have a Special Election on September 8, 2016 in order to fill the Selectmen Seat. She recommended that the warrant be signed and posted in accordance with the local bylaws.
The Board passed the document and signed it.
Sel. Ethier stated that he did hope that there would be some interest in the seat. He stated that he heard a few people had shown interest in it but the Board needed a fifth member and he hoped that anyone out there and interested would go for it.
- Town Manager’s Update
- Chipping & Composting: The Brush Chipping and Composting schedule for this summer is as follows:
Saturday, June 25
Saturday, July 16
Saturday, August 20
Saturday, September 17
Hours of operation are 8AM to 2:30PM, weather permitting. Loose leaves and grass clippings 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.
- WRSD Budget: The District has notified member towns that it will be on a 1/12th budget basis as we begin FY 2017. A correspondence from James Dunbar, Treasurer of the District, outlined our revised payment schedule (quarterly rather than semi-annually) as approved by Town Meeting in May.
Also enclosed is a copy of the Superintendent’s letter requesting an extension for the re-submittal of the FY 2017 budget to District towns, and an outline of Regional School District’s Budgeting Process issued by the MA Department of Elementary and Secondary Education.
Ms. Kelly added that the City of Worcester had re-imposed Stage 1 Drought Restrictions due to the lowered levels in Worcester reservoirs. Similar Stage 1 restrictions had been imposed in January by the City but had been lifted a few months later when water levels increased due to rainfall. She stated that at that time, during winter months there was no outdoor watering so watering bans had little impact on residents. However, with the nicer weather, outdoor water will be restricted in accordance with pre-existing water conservation measures imposed annually due to requirements of the Town’s Department of Environmental Protection water withdrawal (from the aquifer) permit. Ms. Kelly passed out a sheet that outlined the Stage 1 restrictions for the Board. She stated that John Woodsmall, DPW Director, was present if the Board had any additional questions.
Chairman Renzoni asked if there were any questions.
Sel. Ethier stated that with regards to the School District Budget, last year the Town was in the same situation and the Board took a vote to approve doing a Town Committee to look at funding other options for Holden. He stated that the Committee had struggled to get started but he wanted to see if the Board could move forward with a Citizen Committee so they could look at the next few years and see what the Towns options were. He said that the Town had voted to appropriate funds outside of the annual District assessment to support Wifi in the elementary schools and wanted to see what else could be done.
Chairman Renzoni stated that he also had that in his notes to speak about tonight. He stated that they needed to finalize the Committee’s charge and appointment citizens to be on the committee. He asked if Sel. Ethier still had interest in working on that Committee.
Sel. Ethier stated that he did have interest. He asked if there had been any citizens that expressed interest in joining.
Ms. Kelly replied that there had been several that had shown interest. She recalled that Selectman Kurtz had been developing a Committee Charge, which spelled out the purpose of the Committee, how many members were on it, and what they were tasked to do.
Sel. Kurtz stated that he had two drafts that he could forward to Sel. Ethier.
Chairman Kurtz suggested setting a discussion for the July 18 Board of Selectmen meeting. He stated that would give Sel. Ethier time to work with the Town Manager to assign members and organize the Committee before September.
Sel. Ethier agreed. He stated that if he read correctly the School Committee took the budget and recast it. He said that he felt as though the School Committee felt that they could let it go to the Commissioner of Education and that this Committee would put more pressure on. He stated that if Sel. Kurtz sent along the information, he would look at it and get the Committee started.
4) DPW Building Committee Update
Mark Johnson, Gene Stirchak, and Jack Cross from the DPW Building Committee as well as DPW Director John Woodsmall were present at the meeting to provide the Selectmen with an update. He stated that since the Committee had formed it had been having monthly meetings and since March bimonthly meetings. He stated that the Committee had studied potential sites with the help of their consultant and DPW staff. The Committee had narrowed it down to 27 potential sites.
Mr. Johnson stated from there, all 27 sites went though what the consultant called a Fatal Flaws Analysis and through this process the 27 sites were narrowed down to 12. Those 12 sites went though a critical criteria analysis that reviewed 26 factors such as location, physical features, zoning, environmental impact, access, permitting, traffic, and cost of construction among others.
Mr. Johnson stated that after going through all those factors, the Committee came up with a site that was at the top of the list -- 18 Industrial Drive. He stated that the Committee believes that the Reed-Rico property is the most viable site. He stated that the consultant would now do a more in depth analysis of the site to determine whether parts of the existing structures could be reused.
Chairman Renzoni asked if they were looking at the fall to move forward with presenting. Mr. Johnson said yes depending on how the analysis goes.
Sel. Ethier asked what the consultant would be looking at.
Mr. Johnson replied everything. He stated that this site has an existing structure on it and that it scored well based on the fact that a large part of the structure could be used. He stated that there are two existing areas that have been identified as having limited hazardous materials. The current owners have studied these areas and are currently remediating them. However, how much further remediation would be required was yet to be determined.
Sel. Ethier asked about a different site on Quinapoxet Street.
Mr. Johnson replied that there was some issues with this site that were negative in the overall site analysis such as proximity to residential areas, environmental impact and the condition of the existing roadway and access. He stated that it scored poorly on the analysis. He stated that the Committee intended to bring something forward in the fall assuming everything went well with the site analysis. He stated if something came up on the Industrial Drive property, they would get back together and go from there.
Sel. Herlihy asked about traffic on Main Street that could result from locating a DPW on Industrial Drive.
Mr. Johnson replied that the advantage of this site was that there is a traffic light there. He stated that there is also a rail road but that the DPW staff does not seem to be concerned with that.
Sel. Ethier stated that he would hope that there was another access to the area if they moved forward with Industrial Drive. He asked if that was a possibility.
Mr. Johnson replied that they were working on that. He stated that if it was developed through the Dawson Recreation Area to Salisbury Street, it would be for smaller vehicles; using this secondary access would be problematic for larger vehicles.
Chairman Renzoni thanked the Committee for coming to give an update. He said that if there was a change in direction they would like to get the word out.
Sel. Ethier asked what the time frame was.
Mr. Johnson replied that it was moving forward fairly quickly. He stated that if it continues to move, there could possibly be a Special Town Meeting in the fall.
5) Selectmen Miscellaneous
Sel. Kurtz thanked the 275th Anniversary Committee for presenting the Fire Muster and family picnic on June 19th. He stated that there was a great turn-out and activities included book readings, food, 275th goodies, clowns, music and more in addition to the Muster. He stated that to top it off, the Holden Fire team won first place. Sel. Kurtz thanked West Boylston for partnering with Holden as well because they were slated to be the location for this year’s Muster and conceded to allow Holden to sponsor it in 2016 due to the 275th anniversary.
Sel. Kurtz stated that Mountview Middle School was graduating its eighth graders on June 21, 2016 and that both he and Sel. Herlihy had graduating 8th graders in their family.
Sel. Kurtz stated that the Holden Pool was opening on June 22nd at 1PM and that the snack shack would be open now as well.
Sel. Kurtz stated that the Police Chief had recently spoken about car break-ins and how the thieves were stealing petty cash/ small change or items left in the car. He stated that in all instances the cars had been left unlocked. It is an important reminder to residents to lock car doors.
The Chair recognized Chief Armstrong who stated that these types of thefts often come in cycles and that there had been about 12 incidents. However, someone was apprehended and charged. The Chief commended the officers who did a great job catching the individuals. He stated that all cases were with unlocked doors.
Sel. Ethier stated that the Muster was spectacular and a lot of people from other Towns were there as well.
Sel. Ethier stated that the Employee Picnic was also well done as and that it was nice to recognize the Towns employees for their service.
Sel. Ethier stated that the Cramer House, former site of the Recreation Department, was the subject of a controlled burn by the Fire Department. The Firefighters took care of it quickly and cleaned it up. He stated it also gave the firemen practice.
Sel. Ethier stated that he also appreciated the work on weed removal on Main Street.
- Citizens Address
No citizens stepped forward.
Sel. Miscellaneous Cont.
Sel. Herlihy: none.
Chairman Renzoni stated that Monty Tech students had crafted a new gavel and pad for the Board which he showed to the Board. He thanked them for it and thanked Jim Cournoyer, Holden’s Monty Tech Representative. He stated that Mr. Cournoyer would be coming to a Selectmen’s meeting in the future to talk about the school and its new Vet Tech Facility that was in the process of being built.
- Selectmen Subcommittee
Chairman Renzoni discussed Selectmen Subcommittees and re-assignments. He stated that they had left it open for discussion for anyone wanting to represent the Board to a committee. He stated that he does not think that the Board needs to put someone at every committee but that if they (Selectboard) think someone is needed for a Committee they can discuss appointing a liaison.
Sel. Ethier stated that he would like to keep the Agricultural Commission and the Recreation Committee along with the Committee to Study the Educational Options that was discussed earlier.
Sel. Kurtz stated that he would like to stay with the 275th and Economic Development Committee. The EDC needed to be reset and have a future meeting time set up. He stated he was working on that with Mr. Lukes.
Chairman Renzoni stated that without objection he would like to stay with Fin Com and remain as the Water Sewer Advisory Liaison. He stated that the Water/ Sewer Board only met as needed. Chairman Renzoni was also an active member of the Veterans Advisory/ Memorial Day Parade Committee.
Chairman Renzoni asked Sel. Herlihy if she was interested in the Community Garden Committee as Mr. Renzoni had resigned due to other time commitments. Sel Herlihy agreed to be the Selectmen representative to the Community Garden Committee.
Ms. Kelly commented that Sel. Herlihy might have an interest in working with the DPW Building Committee due to Chairman Renzoni’s commitment to other committees. Chairman Renzoni stated that he had been working with them to help advise them before they go to Town Meeting but that he thought that Sel. Herlihy would be welcome to take over this position.
Sel. Herlihy stated that she would be willing to represent the Selectmen on the DPW Building Committee.
Sel. Kurtz suggested that for the many other Committees that do not have a direct Selectman representative, the Selectmen should consider attending the meetings just to say hello and thank them for the work that they do. He stated that it requires a lot of time to volunteer for the Town and that it was important for citizen participation to show up and support them.
Chairman Renzoni stated that he agreed.
8) Veterans’ Graves Officer/ Solicitors & Canvassers By-Law
Chairman Renzoni stated that MGL Chapter 115 Section 9 talks about the care of Veterans Graves. He stated that the Legion used to place flags and markers on veterans’ graves but they passed that task along to the Veterans Advisory Committee. He stated that the Board could appoint a Veterans’ Graves Officer who would be responsible for coordinating the identification of the graves, the flags, and the markers and for coordinating the reimbursement to the Town for expenses.
Sel. Ethier stated that he thought this was a great idea and he told Chairman Renzoni he appreciated his initiative on the matter. He asked if there had been any interest in the position thus far.
Chairman Renzoni replied that they did not have interest yet.
Sel. Ethier asked how the Eagle Scout was who worked on a veterans’ graves project.
Sel. Herlihy replied that he is Zack Vandale.
Chairman Renzoni stated that Zack had inventoried the veterans’ grave and had put together maps with the veterans’ names, the campaigns and conflicts, as well as any awards and recognition the veterans had received. He hopes to pass the information along to the Town for their records. He stated that at the July meeting the Board could take up this matter again.
Solicitors and Canvassers Bylaw
Chairman Renzoni passed out the rules and regulations regarding Soliciting and Canvassing in the Town of Holden. He stated that he wanted to bring the conversation to the Board because he had been contacted by residents, complaining about door to door solicitors. He stated that there were local rules and restrictions that pertained to this and the Board of Selectmen can amend the permits and conditions and change the fees.
Chairman Renzoni said that one option was to put up a ‘no solicitors/ no trespass’ sign and that should prevent solicitors from coming to your door. He stated that the Board was also able to adjust the times that they were permitted to solicit.
Chairman Renzoni opened the matter up for conversation.
Sel. Herlihy stated that one of the problems was that with an 8 AM start time, people were home trying to get their kids ready for school and it made a lot of people upset to have solicitors at their door.
Chairman Renzoni stated that he had some suggested changes to the bylaw. He passed out a revised bylaw with several changes. One of them was to change the hours that people were allowed to solicit. He stated that he did not know what the right hours were but that the Board could change them. Chairman Renzoni said that all persons needed to get permission from the Board in order to solicit. Chairman Renzoni stated that in the past, the Board had delegated permitting and enforcement to the police department. He thought that the Selectmen should take back the granting of permits. In Section 3, it states that the solicitor makes an application and gets a photo ID. Chairman Renzoni stated that he thinks that solicitors and canvassers should come before the Board before they go to the Police. Chairman Renzoni also suggested a change to the fee schedule and adding language about doubling a fine for not adhering to the bylaws and further prohibiting who violate the bylaw from future solicitations.
Chairman Renzoni recognized Mr. Matt Meola who was in the audience, and if there was no objection, he wanted to allow him to speak to the Board on this matter.
Matt Meola, Meadowwood Drive, stated that he was not expecting to speak, just to listen to the conversation but that from what he heard it sounded like changing the bylaw would add a lot of red tape to go through. He stated that he thinks it’s the right idea to put up a sign that indicates ‘private property’ and that would be the end of the story. He stated that the Town had more police personnel since the Town Meeting approved additional law enforcement, so let them enforce the laws if necessary. He stated that the police should fine those that are not doing the proper things, on the spot, and let those who are honest about it move forward without a lot of overregulation.
Sel. Kurtz stated that there were a few things that the Board needed to understand before making any changes. He stated first, they do not know how many permits the police issue for soliciting and that there are certain groups that do not require permits to solicit such as religious or political groups. Sel. Kurtz stated that the Board needed to decide what groups they were talking about; was it the landscaping companies that were throwing mailers on the driveways with paper and rock weights, or the door to door people. He stated if the Board was going to fine them $50/mailer that was going to be a huge fine.
Sel. Kurtz stated that the Board needed to understand the implications of any changes that they make. He stated that he was okay moving the time from 8am to 10am but if they pull the hours back to 5pm they were opening up the most vulnerable citizens -- the elderly -- to more solicitations. He stated that was not fair for the elderly in the community. He stated that if this is where these companies make their money they have to allow for some after work hours as well.
Sel. Ethier asked what time Sel. Kurtz suggested.
Sel. Kurtz stated that they could have the discussion; he said maybe 7pm or 8pm. He said that he understands that it is inconvenient for family time too. He stated that he would like to hear from the Police Department about how many licenses were being issued monthly. He said if it is a low number and everyone was out there doing it illegally then how would the Town enforce it. He said that the Town needed the Police patrolling the roads and responding to emergencies, we did not want them ticketing people for solicitation. He said there were some tough decisions to make but that before the Board could make changes they needed a little more data.
Sel. Herlihy stated that 5 PM was early. She stated that maybe 4 PM to 7 PM would work. She stated she would not want people coming to her house when she is alone during the day. She said she did not know how many people they were speaking about being impacted.
Chairman Renzoni stated that he wanted to introduce this topic for discussion. He asked Ms. Kelly if they could find out how many permits the Town issues for this.
Ms. Kelly replied that the Board could refer the matter to her and she would work with the Chief and provide further information. She stated that changing a bylaw might require a Town Meeting vote. Also, she advised that there is a lot of case law on door-to-door solicitations and canvassing, mostly upholding and protecting Constitutional First Amendment Rights. She said that the Town could not control religious or political activities including solicitations.
Chairman Renzoni stated that he had looked at other Towns and they have “No Solicitation” lists. It is similar to the ‘Do Not Call List’ that solicitors need to follow and that could be something they consider. He stated that this is something the Board needs to address as there have been a lot of citizens that have reached out to him regarding it. He said that he wanted to bring it forward to the Board and get it out there through the media so they can hear from more citizens regarding the matter.
Sel. Ethier stated that it was good to get people involved. He said that the Board did not want to make it too complicated or prevent organizations such as the Girl Scouts from going door to door. He asked if there was a way to do it to address professional organizations and make other exclusions.
Ms. Kelly replied that she would provide further data and information on changing the bylaw at the next Selectmen’s meeting.
Chairman Renzoni stated that the matter would be on the agenda for the July meeting.
- Selectmen Meeting Minutes
Motion by Sel. Kurtz, seconded by Sel. Herlihy, it was UNANIMSOULY VOTED TO APPROVE THE JUNE 6, 2016 BOARD OF SELECTMEN MEETING MINUTES AS PRESENTED.
Next Meeting: July 18, 2016 at 6:30PM at the Senior Center
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO ADJOURN THE JUNE 20, 2016 BOARD OF SELECTMEN MEETING AT 7:31PM.
APPPROVED: ______July 18, 2016_________