Board of Selectmen, November 21, 2016 6:30 p.m.
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
November 21, 2016
6:31PM Memorial Hall
Present: Tim Ethier, Jeremy Kurtz, Erik Scheinfeldt
Not Present: Chairman Anthony Renzoni, Geri Herlihy
Others Present: Jacquelyn Kelly, Town Manager
Peter Lukes, Assistant Town Manager (6:31)
Liz Fotos, Town Recorder
Vice Chair Ethier called the meeting to order at 6:31. The Board stood to recite the Pledge of Allegiance.
Sel. Ethier stated that before the agenda began, the Town Manager wished to make a statement.
Ms. Kelly thanked Sel. Ethier. She stated that she had delivered a letter to the Board of Selectmen and she was giving her six month notice for her resignation/ retirement from the Town. She read the letter that she had provided to the Board into record.
Ms. Kelly thanked the Department Heads and town employees and stated that she was confident that Holden would continue prosper in the future due to her leadership and legacy.
- Appointments, Licenses, and Permits
Motion by Sel. Scheinfeldt, seconded by Sel. Kurtz, it was, UNANIMOUSLY VOTED TO APPROVE MARTY HOLMAN ON BEHLF OF NEXT LEVEL CHURCH HOLDEN ROAD RACE FOR A PARADE PERMIT – A 5K RACE TO BENEFIT THE WACHUSETT FOOD PANTRY ON THURSDAY, NOVEMBER 24, 2016 FROM 6:30AM TO 9:30AM
Sel. Ethier stated that prior to the meeting, the Board spoke with three people interested in serving on the Historic District Commission. He stated he was very impressed with them all and thanked them for their willingness to serve.
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO APPROVE JOSEPH CLANCY, JR, PATRICK PERKINS, AND MATTHEW VAJDA TO THE HISTORIC DISTRICT COMMISSION AS PRESENTED.
Sel. Scheinfeldt stated he was impressed with all three on the Commission and he thanked them for their public service.
- Selectmen Meeting Calendar, January through June 2017
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMSOULY VOTED TO APPROVE THE BOARD OF SELECTMEN JANUARY TO JUNE 2017 MEETING SCHEUDLE AS PRESENTED
- Town Manager’s Update
2017 Annual Meeting & Trade Show: The MA Municipal Association Annual Meeting and Trade Show will be held on January 20 & 21, 2017 at the Hynes Convention Center Boston, MA. Should you wish to register for this event, please fill out the enclosed application, along with any hotel reservation you want, and return it to the Town Manager’s Office. We will see that you are registered and hotel accommodations are booked.
Tobacco Sales, Raising the Purchasing Age to 21 (T21): The Board of Health will be looking into implementing regulations that will raise the age for the purchase of tobacco products from 18 to 21 in Holden. Other towns in our area and in the Alliance are considering similar measures, as it is the general thinking that smoking habits begin during teenaged years. A copy of information provided by the Central MA Regional Health Alliance is enclosed for your information.
Question 4, Marijuana Use: The recreational use of marijuana was passed by the Commonwealth of Massachusetts and scheduled to become effective on January 1, 2017. The State will be forming a Cannabis Control Commission, responsible for licensing and oversight of all marijuana retail facilities. Under the new law, a municipality can limit the location of a retail establishment to the same location as a Medical Marijuana Facility. In 2014, Holden adopted a Medical Marijuana Bylaw which allows facilities to be located only within the Industrial Park, by special permit and site plan review, where the Town can have jurisdiction over hours of operation, signage, lighting, etc.
A Town by-law prohibiting consumption of marijuana at any retail facility is being developed. Also, the Planning Board is discussing the proposal of a one-year moratorium on Question 4. Additional information and guidance is expected from the State.
A memorandum from Pam Harding, Director of Planning and Development, is enclosed with further information regarding Question 4.
Summit Wynds Appeal: An appeal by the owners of Summit Wynds to the cease and desist order, has been filed (see attached) the appeal will be heard by the ZBA. Sel. Ethier stated they filed the appeal he asked about the date of the hearing.
Ms. Kelly replied that the date would be in January because they wanted Town Counsel present in addition to a quorum of the Board plus the Town is required to give two weeks notice of the hearing to the appellant and the abutters.
Sel. Ethier asked if anything had changed since the last time they were in front of the ZBA.
Ms. Kelly replied that the appeal was for the cease and desist which was issued by the Building Commissioner after the owners had withdrew the application for the variance. She stated that Summit Wynds was still in non compliance because they were still holding events.
Sel. Scheinfeldt asked if while they were appealing, they would still be bound by the cease and desist order.
Ms. Kelly replied as far as the Town was concerned they would be.
Composting and Brush Chipping: The DPW will be offering one more Saturday event for residential composting and brush chipping on December 3. This will be the last fall program.
Hours of Operation are 8AM to 2:30PM weather permitting. Composting materials will be accepted at the former Landfill (River Street), and brush chipping will be done at the DPW Adams Road facility due to the Asian Longhorned Beetle quarantine area. More information including restriction is available on the Towns website www.holdenma.gov
HMLD Monthly Report: Enclosed is the Holden Municipals Light Department’s monthly Report for the period ending October 2016, prepared by Jim Robinson, HMLD General Manager.
Annual Thanksgiving Run and WRHS Football Game: Thanksgiving morning will be a busy one in the Town of Holden. The Annual 5K Holden Road Race will start at 8AM on Main Street. We expect over 2,000 participants this year. Then, at 10AM the Wachusett Regional High School Mountaineer Football Team will host Shrewsbury for an exciting game at the High School. Go Mountaineers!
Winter Festival and Santa’s Arrival: The Winter Festival will be held this year on Saturday, December 3, 2016. More information will appear on the Town’s Website later this month. This will also be the day of Santa’s arrival at 5PM at Town Hall. Children of all ages are invited and encouraged to attend.
- Selectmen Subcommittee
Sel. Scheinfeldt stated he had no updates.
Sel. Kurtz- Winter Festival: He stated that the event will be held on December 3, 2016 and the activities start at 1:00PM. He stated that Santa will be arriving via the fire truck around 5:00PM and there will also be character appearances and other things. Sel. Kurtz stated that they will be finalizing the schedule soon and that there will be both inside and outside activities. The festival will stretch a good part of downtown with its activities.
Sel. Ethier stated that he attended the Holden DPW Building Committee meeting when they met with Fin Com. He stated that the Board posted a meeting because he, Chairman Renzoni, and Sel. Herlihy were all present. He stated it was the chance for DPW to present their proposal to Fin Com and have some back and forth. He stated that DPW had made a decision to do a single town meeting to purchase the land and present the building. He stated that there was some concern regarding the hazardous waste on site and that everyone was in agreement that they should get onto the site for more answers surrounding it.
Mr. Lukes stated that it is a privately owned property and the Town would need to go through the proper procedures and come to an agreement with the owner before that can happen.
Sel. Ethier stated that he felt it made sense to look at the land. He said that he knew the Town Manager had preliminary talks with the owners and it was a valuable piece of land so he is hopeful the Town will be able to gain the property through Town Meeting.
- Selectmen Minutes
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO APPROVE THE OCTOBER 17, 2016 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED.
Sel. Kurtz wished to recognize Boy Scout Troop 182 for attending the meeting.
Sel. Ethier stated that the Troop was present as a study of how the public service system works. He thanked the troop for coming.
Sel. Ethier called a recess at 6:59PM. Sel. Ethier called the meeting back to order at 7:03PM.
- Citizen’s Address
Sel. Ethier called Citizens Address. No members of the public stepped forward. Sel. Ethier closed Citizen’s Address.
- Recognition of Fire Department Personnel and Activities
Chief Chandler was present at the meeting. He stated that when the Fire Department brings in a new recruit they have to attend the MA Academy for Call Fire Fighters. He stated it is an intense program that runs for six months, two nights a week and some Saturdays. He stated it involves classes, computers, and hands on training as well. He stated that one individual they were recognizing could not make it tonight, Ryan Murphy.
Chief Chandler called Andrew Rodriguez and Luis Garcia up. Chief Chandler stated that both individuals had passed the academy. He welcomed them and congratulated them on their achievements.
Luis Garcia stated that he appreciated the Town’s investment in them and thanked Chief Chandler for the opportunity.
Andrew Rodriguez thanked everyone as well and stated that he wanted to do the Town proud.
Sel. Ethier stated that Chief Chandler was also voted Best Public Official by the Landmark. Chief Chandler replied it was an honor.
Sel. Ethier presented Andrew Rodriguez and Luis Garcia with a Certificate of Recognition. The Board stood to congratulate the new Firefighters and paused for a photo.
Chief Chandler stated that he would also like to recognize James Rutelonis, U.S. Postal Service Employee for his quick thinking and assistance to a Brentwood Drive resident experiencing a medical emergency. He stated that Mr. Rutelonis was doing his mail route and realized that a resident’s mail from the previous day was still there and his car was in the driveway. He called 911 and the gentleman fell and was unable to get up. Chief Chandler stated that if Mr. Rutelonis had not done that it could have been a different outcome.
Mr. Rutelonis stated that it was a pleasure to work in Holden for 28 years. He thanked Chief Chandler and the Board for taking the time to acknowledge this.
Sel. Ethier presented Mr. Rutelonis with a Certificate of Recognition for his quick thinking and assistance to a resident experiencing a medical emergency. The Board stood to recognize Mr. Rutelonis and paused for a photo.
Sel. Kurtz stated that it was always great to recognize public service individuals. He stated that there were lots of good deed and kindness in Town and he wanted to hear about them. He stated all these things are what make our Town unique and a great place to live in.
Sel. Ethier stated it was great to see all the postal workers present to support Mr. Rutelonis.
- Public Hearing-Change of Manager on Existing Retail Wine & Malt License – Holden Fuel, Inc., 1175 Main Street
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMSOULY VOTED TO OPEN THE PUBLIC HEARING FOR CHANGE OF MANAGER/ EXISTING RETAIL WINE AND MALT LICENSE-HOLDEN FUEL, INC., 1175 MAIN STREET.
Sel. Kurtz read the public hearing notice into record.
Sel. Ethier asked if there was anyone from the public present to speak. No members of the public stepped forward.
Mr. Carlos Youssef Elkhoury, Manager was present at the meeting.
Sel. Ethier asked Mr. Elkhoury his experience with managing and a liquor license.
Mr. Elkhoury state he had been working since 1984.
Sel. Ethier stated the license was only for wine and beer.
Mr. Elkhoury confirmed that.
Sel. Ethier asked if they had any past problems at the location.
Ms. Kelly replied that there were no problems. She stated that Chief Armstrong had reviewed the application and it is in order.
Sel. Scheinfeldt stated that he had read the application and had no objection to it.
Sel. Ethier asked if he had purchased it from the previous owners.
Mr. Elkhoury replied he did not own it, he was just the manager.
Sel. Ethier asked if Mr. Elkhoury was the manager of the entire location.
Mr. Elkhoury replied he was the manager of everything expect Dunkin Donuts.
Sel. Ethier stated that he is sure that Mr. Elkhoury will be careful with the license.
Mr. Elkhoury replied that he is very strict and everyone is certified. He stated if anyone sold to a minor it would be grounds for immediate termination. He stated all his employees know this and signed papers regarding it.
Sel. Scheinfeldt asked for clarification of Mr. Elkhoury’s employment history.
Mr. Elkhoury replied that he was the manger but Mr. Davenport was in charge and now he is taking over the whole thing.
Sel. Ethier thanked Mr. Elkhoury for coming to the meeting. He asked if he had anything else to add.
Mr. Elkhoury did not.
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR CHANGE OF MANAGER- EXISTING RETAIL WINE & MALT LICENSE HOLDEN FUEL, INC., 1175 MAIN STREET.
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO APPROVE THE CHANGE OF MANAGER FOR EXISTING RETAIL WINE & MALT LICENSE, HOLDEN FUEL, INC., 1175 MAIN STREET.
Ms. Kelly asked the Board to sign the forms. She stated once they are signed, it goes to the ABCC for their final approval.
- Follow Up to Citizen’s Address
N/A
- Selectmen’s Miscellaneous
Sel. Scheinfeldt: none
Sel. Kurtz asked if the Town had the close off status for Mountview. He stated that he knew that it was expected to finish up in November but he asked if there was a final punch list to ensure that they were on top of it. Sel. Kurtz also stated it would be good to get something out to the residents as to what is still open.
Ms. Kelly stated that the end of the month is the close date but there are still some lingering things such as the stone wall and the sign. Ms. Kelly stated that from a financial standpoint it takes several months to ensure that all the financial records are closed out.
Sel. Ethier asked if they will holdback funds and how long it will take to complete everything.
Ms. Kelly replied that she thinks there is an end in site but the committee is working to resolve the outstanding items.
Sel. Ethier asked about the project replacing the water pipes on South Main Street.
Ms. Kelly replied that they were still working on that and she thinks it will keep going until they need to stop for weather. She stated they were still trenching, replacing water main and re-paving.
Sel. Ethier asked if the project was going all the way to city line.
Ms. Kelly replied it was.
Ms. Kelly stated that the River Street Bridge was nearing completion as well. She stated that it was a state job so she couldn’t say for sure when it would be done but it looked as though it was near.
- Public Hearing Application for Alteration of Premises on Existing Retail Wine & Malt License- Grant Groceries, Inc. D/B/A One Stop Food Store, 1142 Main Street
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING FOR AN APPLICATION FOR ALTERATION OF PREMISIS ON EXISTING RETIAL WINE AND MALT LICENSE – GRANT GROCERIES, INC. D/B/A ONE STOP FOOD STORE, 1142 MAIN STREET.
Sel. Kurtz read the public hearing notice into record.
Ms. Kelly stated that the Board had seen this matter recently. She stated that this location has new tenants, Domino’s Pizza. She stated that Domino’s is open for business and had received their common victualer’s license from the Board a few weeks ago. She stated that as a result, Grant Groceries was still located at the site, just in the rear of the property and with this reduction in size it requires a liquor license change-of-premises from the Board.
Ms. Kelly stated that when the Board granted Domino’s the license, Grant Groceries did provide a letter assuring the Board there was a solid wall in between Domino’s and Grant Groceries and that there was no way that anyone could go from inside from one establishment to the other.
Sel. Ethier asked if there were any comments from the public. No members of the public stepped forward.
Mr. Grant was present at the meeting.
Mr. Grant stated that they have almost the same amount of retail space and lost about 38FT from their storage. He stated that there was no connecting doorway between them and Domino’s and it was business as usual.
Sel. Ethier asked if there was every a problem with the license.
Mr. Grant replied that he had been here for 30 years and had no violations had occurred.
Sel. Kurtz congratulated Mr. Grant and thanked him for keeping his business in Town. He wished him luck and stated he was hopeful that Domino’s picks up his business as well.
Mr. Grant stated that he had been in town for 30 years and he likes to be here.
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR APPLICATION FOR ALTERATION OF PREMISES ON EXISTING RETAIL WINE AND MALT LICENSE- GRANT GROCERIES, INC. D/B/A ONE STOP FOOD STORE, 1142 MAIN STREET.
Motion by Sel. Scheinfeldt, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO APPROVE THE ALTERATION OF PREMISES ON EXISTING RETAIL WINE AND MALT LICENSE- GRANT GROCERIES, INC. D/B/A ONE STOP FOOD STORE, 1142 MAIN STREET.
MISC Cont.
Sel. Kurtz stated as a note most of the leaves were down but he asked residents to be mindful of keeping the leaves out of the street and gutters.
Sel. Ethier stated that there was no curbside leaf pick up by the Town.
Sel. Kurtz thanked the Veterans Committee for the Veterans Ceremony on Veterans Day. He stated the Town accepted the Eagle Scout Project from Zac Vandale that identified the veterans’ graves in town cemeteries. He thanked the Committee for their hard work.
Sel. Ethier stated it was a great project; he thanked the troop that was present at the meeting.
Sel. Kurtz reminded everyone of the Turkey Trot on Thanksgiving day and he stated there was also a 10AM football game.
Motion by Sel. Scheinfeldt, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO ADJOURN THE NOVEMBER 21, 2016 BOARD OF SELECTMEN MEETING AT 7:44PM.
APPROVED: ____January 3, 2017_____________