Board of Selectmen, September 19, 2016 6:40 p.m.
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
September 19, 2016
6:40PM Senior Center
Present: Chairman Anthony Renzoni, Jeremy Kurtz, Geri Herlihy, Tim Ethier, and
Erik Scheinfeldt
Others Present: Jacquelyn Kelly, Town Manager
Peter Lukes, Assistant Town Manager
Stephen Madaus, Town Counsel
Liz Fotos, Town Recorder
Chairman Renzoni called the meeting to order at 6:40 PM. The Board stood to recite the Pledge of Allegiance.
Chairman Renzoni welcomed the newest Selectmen, Erik Scheinfeldt to the Board.
- Permits, Licenses, and Appointments
Motion by Sel. Ethier, seconded by Sel. Kurtz, it was UNANI MOUSLY VOTED TO APPROVE JEAN E. DANIELSON ON BEHALF OF COLONY RETIREMENT HOMES FOR A COMMON VICTUALER / ANNUAL BAZAAR AND BAKE SALE LICENSE FOR SATURDAY, OCTOBER 15, 2016 FROM 9:00AM TO 1:00PM.
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO APPROVE CONSTANCE HAMILTON ON BEHALF OF FRIENDS OF THE RED BARN FOR A COMMON VICTUALER LICENSE TO OPERATE OUTDOOR WOOD BURNING OVEN TO COOK HOT DOGS AND BAKE SALE FOR FARM DAY ON SUNDAY, OCTOBER 9, 2016 FROM 12:00PM TO 3:00PM
Motion by Sel. Kurtz, seconded by Sel. Herlihy, it was UNANIMOUSLY VOTED TO APPROVE CHRISTINA SODERMAN ON BEHALF OF DAVIS HILL ELEMENTARY SCHOOL PTA FOR A PARADE PERMIT FOR A 5K ROAD RACE FUNDRAISER STARTING AND ENDING AT DAVIS HILL ON SUNDAY, OCTOBER 16, 2016 FROM 12:00PM TO 1:30PM.
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO APPROVE KRISTINA JONES ON BEHALF OF MAYO SCHOOL PTA FOR A PARADE PERMIT- 5K RUN/WALK and 1K FUN RUN FOR MAYO ELEMENTARY PTA ON SATURDAY, OCTOBER 2, 2016 FROM 8:00AM TO 11:00AM.
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO AUTHORIZE THE TOWN MANAGER TO APPROVE ANY PERMITS FOR THE 275TH ANNIVERSARY FIREWORKS THAT WOULD BE HELD ON SATURDAY, SEPTEMBER 24, 2016.
- Recognition of Police Department Staff; David Armstrong, Police Chief
Chief Armstrong thanked the Town Manager and the Board for giving them the opportunity to hold their second annual award recognition. He stated all his staff works hard.
Chief Armstrong stated that on August 8, 2016 a horrific call came into the precinct and the calls that came in needed to be done correctly and timely. He stated that everything was done right and he wished to honor Sean McKiernan, Joceyln LaPlante, and Danielle Gray for their outstanding performance.
Chief Armstrong stated that one of the things that the Police Department was able to do was send a candidate to be trained on the CMLEC model and bring back training and resources in order to raise the level of expertise of the force especially in the schools. Chief Armstrong stated he wished to recognize Sergeant Ray Sherbourne for his participation and dedication.
Chief Armstrong stated that he wished to honor Officer Evan Parker for his Academy graduation and for the award he won at the academy for his excellence in fire arms.
Chief Armstrong stated that he wished to honor Officer Janet Bourget for her response to a fire call at 10 Fruit Street. He stated that she used her police cruiser fire extinguisher and her actions saved lives and property.
The Board stood to shake the hands of the officers and recognized the Police Department for their outstanding work. They paused to take a picture.
Chief Armstrong thanked the wives of the State Police that had shown support throughout Town with blue ribbons.
Chief Armstrong stated that he wished to honor Holden Police Administrator David Dickman for his invaluable work and energy he brought to the department. He stated that Mr. Dickman was the biggest ambassador for the department and he showed his support in so many ways over the years.
Chief Armstrong and other Police personnel, Officer Ventres, Sergeant Porcaro, and Officer Santimore, presented Mr. Dickman with an official badge. Chairman Renzoni presented Mr. Dickman with a certificate on behalf of the Town. The Board stood to shake hands with Mr. Dickman and paused for a picture.
Chief Armstrong also wanted to thank and recognize Sergeant Sherblom and Officer Beaudry for taking time out of their lives to make a birthday party for a child. He stated that he received a thank you letter and picture and he thanked the officers for taking time to make that party special.
Chairman Renzoni stated that they were proud of everything that the Chief and his officers have done.
Chairman Renzoni called a recess at 6:59PM. And called the meeting back to order at 7:06PM.
- Citizens Address
Erin O’Neill Bradbury, 52 Heather Circle, was present at the meeting. She stated that she was a resident in Holden since 1983 and she wished to address the Board about a matter before the ZBA for a use variance for Summit Wynds Farm. She stated that she would like the matter to be carefully considered on a factual and legal basis.
Ms. O’Neill Bradbury stated that they object to the events center taking place because of noise but she also wanted to highlight the legal concerns for the Town. She stated that the use variance is very difficult to meet the burden of and she stated that she has 175 people who have signed a petition who object to the commercial use of the land.
Ms. O’Neill Bradbury stated that the Town’s bylaws do not address the use of the land as a banquet facility or outdoor wedding site or as a hotel/ motel lodging house. She stated that the bylaw states that any use that is not listed is prohibited and that the ZBA does not have the authority to grant the use as an outdoor wedding site or party venue.
Ms. O’Neill Bradbury stated that she was before the Board so that they consider the legal consideration and the fact that neighbors were given due consideration.
No other members of the public stood to address the Board.
Chairman Renzoni closed Citizen’s Address.
- 275th Celebration Committee Discussion of September 24 Events
Eric Johansen, 275th Committee Co-Chair, was present at the meeting. He stated it had been an exciting year and thanked Sel. Kurtz for helping out with the Committee. He stated that there were great celebrations at Val’s, and the Fireman’s Muster and Picnic and they will be holding the Fireworks Display on September 24, 2016. He stated that there will be a DJ, trinkets and food will be sold and that the fireworks will be a nice culmination of celebrating Holden’s birthday.
Sel. Kurtz thanked Oriol Healthcare and EJ Painting for sponsoring the fireworks. He also thanked the Holden Fire Department, CERT, and Police Department for stepping up and helping to run the events. He stated that the local businesses were very helpful, as well, and he appreciated all the support that the Committee had received.
Sel. Kurtz stated that they would be opening the fields at CRA around 6:00PM and asked people to not show up before then. He stated that the fireworks were set to go off at 8:30PM and it should be a great time. He asked all patrons to please be courteous of other people’s property and to watch for walkers and traffic when you leave.
Mr. Johansen stated that there would be 275th sweatshirts, tee-shirts, mugs, and coasters for sale, as well.
Chairman Renzoni thanked Mr. Johansen and the Committee for their hard work.
Mr. Johansen thanked Stu Cain and Holden Baseball for their help as well.
- Town Manager Update
Public Safety Day: Public Safety Day will be held at the Public Safety Facility on Sunday, October 2, 2016 from 12PM to 3PM. The community is welcome and encouraged to attend our annual open house. There will be displays of all our fire apparatus and equipment, a ‘smoke house’ that children of all ages can spray water at, gear demonstrations, and other informative displays and activities. The Police Department will also have equipment on display. We will also have the Patriots gave on for the fans. See you all there!
DPW Facility Committee/ Reed Rico Site Acquisition: After much study and thoughtful consideration, the DPW Facility Committee has recommended that the Town acquire the property located at 18 Industrial Drive. The buildings, formerly knows as Reed/ Rico, came under new ownership a few years ago, and upon the Committee’s recommendation, town staff has been in contact with representatives from Berkshire-Hathaway to develop an acquisition plan. We believe that we can achieve the acquisition under very favorable terms for the Town of Holden, and we thank the parent company for their cooperation and willingness to consider a municipal acquisition of the site. Those negotiations are ongoing at the present time.
The site consists of approximately 23 acres with access to Industrial Drive. The existing building is approximately 120,000 sq. ft., not including other on-site storage buildings. There are three small areas of hazardous materials subject to remediation. The owners have taken steps in conjunction with the Department of Environmental Protection, to abate and remediate the sites. Those efforts are ongoing and the Committee has engaged a professional to assess those activities with respect to potential liability to the Town, should we acquire the property. Planning for the future facility itself is still in the preliminary stages. However, it is envisioned that about half of the manufactured portion of the existing structure and half of the office structure would be re-used for the new facility.
The property has been vacant for a number of years although the current owner continues to heat the building and maintain it to a minimum standard. The property has been on the real estate market and, as recently as last summer, has been under consideration for purchase by more than one private party. The Committee feels that there is value in acquiring the property pending negotiations of mutually agreeable terms with the owner and will be coming forward to the Board of Selectmen at a future meeting to discuss this recommendation and the potential for a Special Town Meeting for voters this fall.
Sel. Ethier asked how long the property was vacant.
Ms. Kelly replied about 8 years.
Sel. Ethier stated it was a great property and he hoped it would become a DPW Facility but that even if it did not it was a great property for the Town to grab and that we should make every effort to acquire it. He stated that he attended the DPW Facility Committee meeting and there was discussion about purchasing insurance for about $50,000 and it is something that they are looking into.
Chairman Renzoni stated that the Town had been allowed to use the building for several years and DPW had been parking equipment there in addition to the Fire Department. He stated that the Town had counted on the property to house equipment. He asked when the Town Manager felt it would be ready for Town Meeting.
Ms. Kelly replied that the Committee wanted to come to the next Board of Selectmen meeting in order to discuss and televise the proposal and they could look for a Special Town Meeting in the fall.
Chairman Renzoni stated that Fin Com had also requested an audience with the DPW Building Committee.
Ms. Kelly replied that they would be happy to meet with them but they wished to meet with the Selectboard first.
Chairman Renzoni stated that he had scheduled a meeting for September 27, 2016 but that after discussion he would pull the posting for that meeting.
Chairman Renzoni stated that he had the chance to look at the twelve potential sites for the DPW facility and this one jumped out as about the only one that made sense. He stated it was a great site with great access with about 17 acres of usable land.
Sel. Kurtz stated that he was not sure if he was on-board with this property. He stated that the Town would be giving up one of the largest industrial sites which would take a large portion of taxes out of the tax roll. He stated it would limit the ability to have industrial land in Town as well. He stated he was looking forward to the presentation to hear more about it and seeing what the Town would be giving up versus what they would be getting.
Chairman Renzoni asked for all questions to be forwarded to the Town Manager so the Committee could have the answers prepared for the Board.
DPW Report Summer 2016: Attached for your information is a report on DPW activities for the summer 2016 prepared by John Woodsmall, DPW Director.
HMLD Monthly Report: Enclosed is an HMLD monthly report for the period ending August 2016 prepared by Jim Robinson, HMLD General Manager.
2016 Pool Season: The Recreation Department has closed another successful and safe summer season. Thanks and congratulations to Denise Morano, Recreation Director, and her staff for providing such well-run programs and a clean and user-friendly facility for all to enjoy. Her staff is top notch, highly trained and supervised, and they treat our pool patrons with much kindness and caring. With more than 47,095 visitors this summer, we have many satisfied customers.
Enclosed is a report showing general and specific data on pool attendance and program enrolment. Also, a shout-out goes to our swim team the Holden Harpoons. They are a great bunch of swimmers who do us proud.
Sel. Ethier stated that one thing the Board did was approve the nanny passes, he stated that 19 total were given out and it was not a major problem.
Daily Water Use Analysis: Attached is the update water consumption graph through 9/5/16. Also attached is a chart showing the actual average consumption data behind the graph.
Drought Update: The City of Worcester issued a Stage 3 Drought declaration on September 8th, imposing further water use restriction including a ban on all outdoor watering throughout the City. On September 13th, the City turned on its pumps to draw water from the Quabbin Aqueduct, into their water supply system.
According to the U. S Drought Monitoring Agency, the Town of Holden, and 52% of the state are in the ‘Extreme Drought’ area. Previously the Town was in a ‘Severe Drought’
The last time the City pumped from the Quabbin Aqueduct was in about 1999, in the latter years of another multi-year drought period.
Recycling Grant: Enclosed is a notice that the Town of Holden has been awarded a Recycling Dividends Program grant in the amount of $6,050. This grant is available to communities on an annual basis. We can use the monies for a variety of purpose, including recycling bins and lids, and to offset our fees to the Wachusett Earth day Recycling Center.
Sel. Kurtz stated that the Town had been ahead of Worcester for putting Stage 3 in place but they have other restrictions such as offering water in restaurants that the Town did not impose he asked what the next step would be.
Ms. Kelly stated she did not know but that she would find out.
Chairman Renzoni asked if the ground water was still okay.
Ms. Kelly replied that the wells were okay at this time.
Ms. Kelly stated that the Town was doing a refurbishing project at Avery Heights Tank and that would mean we would temporarily be storing less water so in the short term. The Stage 3 water use restrictions have been effective. She stated that the Town had been using a lot less water since the drought restriction were implemented and she thanked the residents.
Composting and Brush Chipping: The DPW will be offering Saturday residential composting and brush chipping events through December as follows:
September 17, October 22, October 29, November 5, November 12, November 19, and December 3.
Hours of operation are 8AM to 2:30PM, weather permitting. Composting materials will be accepted at the former landfill (River Street) and brush chippings will be done at the DPW Adams Road Facility due to the Asian Longhorned Beetle quarantine area. More information including restrictions is available on the town’s website www.holdenma.gov
- Follow- Up on Citizen’s Address
Chairman Renzoni stated that Summit Wynds is before the ZBA.
Ms. Kelly stated that at this point she can only direct concerned parties to the ZBA hearing on September 29, 2016. She thanked the attorney who came in and stated that the Town does have a legal opinion and that the ZBA will consider the legal opinion when they make their decision.
Sel. Ethier asked if they could share the legal opinion on the use variance.
Mr. Madaus, Town Counsel, stated that they looked into the use to see if it was allowed as a right and determined that the use was not permitted. He stated that he did not know all the interactions as to the nature of the relief that they sought nor do they generally have counsel review the scope of the relief. It may be that the owner did not apply for sufficient relief but that is on the property owner.
Mr. Madaus stated that their advice was that the proposed use was not allowed under the zoning bylaw so the owner was required to file for a use variance before the zoning board. He stated that is what the public hearing is for, so interested parties and abutters can speak or submit written comments.
Mr. Madaus stated alternatively the owners can seek an amendment to the bylaw. However, that is a lengthy process and it required a 2/3 vote from Town Meeting to accept.
Sel. Ethier asked if it was his determination that they do not have the right to use the property in the manner being used. He stated that they do have the right to file for the use variance but that they were currently operating illegally.
Mr. Madaus stated that it is common when the use is not permitted that they stay the matter until the Board decides; so they can operate until there is a ZBA decision.
Sel. Ethier congratulated Ms. Erin O’Neill Bradbury and the 175 neighbors who signed the petition. He stated that this was a big concern to a lot of people and he hopes that people will show up for the hearing on September 29, 2016.
Sel. Kurtz thanked the residents and their efforts. He stated that he thinks the Board of Selectmen should hold back their opinion until the ZBA has the opportunity to hear the matter and make a decision. He stated that shutting down the operation could have negative impacts on other business owners and residents so he thinks the matter should be given full consideration. He stated with that being said, he is aware that this past weekend a family (daughter) wedding was held and there was a fireworks display. He asked if that was permitted.
Ms. Kelly stated it was permitted.
Sel. Kurtz asked if going forward he would like to know about any of that type of permit especially while it is going through the ZBA and appeals process.
Chairman Renzoni stated that he thinks that the Board should keep their opinions to themselves until the ZBA has heard the matter. He asked Ms. Kelly to forward Mr. Madaus’ legal opinion to the Board.
Sel. Ethier replied he did not agree, he asked if the Selectboard could legally make an opinion to the ZBA.
Ms. Kelly replied that if it affects a Board member personally they can but as an elected person representing everyone in Town, and the appointing authority for the ZBA, she thinks they should reserve their opinions.
Mr. Madaus stated he was giving the above as informational only. He stated that the statue on how the ZBA must consider an application is very clear and strict so the Selectboard cannot engage in it. He stated that it is procedural and that the opinion letter was about zoning and agricultural use and they found these proposed activities were not covered.
Sel. Scheinfeldt asked if everyone wishing to speak would be heard at the ZBA public hearing.
Mr. Madaus stated that the Chairman is able to conduct the meeting as he sees fit and to manage the time of the meeting. He stated that the Chair is very experienced and will hear people who are interested in both sides.
Chairman Renzoni stated he thinks opinions should be held back as ZBA is appointed by the Selectboard and that the Board should allow them to do their job.
- Selectmen Subcommittees
Sel. Herlihy stated that the Garden Committee meets tomorrow, September 20, 2016.
Sel. Ethier stated that Ag Com meets tomorrow, September 20, 2016. He stated that he attended the DPW Building Facilities Committee and they gave great information so he was looking forward to that.
Chairman Renzoni stated that the Study Group for the IIF would be held on Monday, September 26, 2016 at the Light Department.
Sel. Renzoni told Sel. Scheinfeldt that if he had any desire to be the Selectmen’s liaison to a Committee to reach out to him.
- Selectmen Minutes
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was VOTED TO APPROVE THE AUGUST 15, 2016 BOARD OF SELECTMEN MEETING MINUTES BY A VOTE OF 3-0-2. (Renzoni: abstain; Scheinfeldt: abstain).
Motion by Sel. Kurtz, seconded by Sel. Herlihy, it was VOTED TO APPROVE THE SEPTEMBER 6, 2016 BOARD OF SELECTMEN MEETING MINUTES BY A VOTE OF 4-0-1(Scheinfeldt: abstain).
- Selectmen Miscellaneous
Sel. Ethier asked about the resurfacing of Princeton Street.
Ms. Kelly stated that they were doing work on the drainage last week. She stated that more work needed to be done before the final paving. She stated that they will be paving Town Hall/ Library Parking lot next week.
Sel. Ethier stated that there had been an accident in Jefferson where the Post Office was, the crossing at Quinapoxet Street. He suggested a four way stop sign and asked if that could be forwarded to the Traffic and Safety Department.
Sel. Scheinfeldt asked about the Goal Setting Meeting that was tabled.
The Board decided to table the Goal Setting until the next Board of Selectmen Meeting on October 3, 2016, at 5:30PM.
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO ADJOURN THE SEPTEMBER 19, 2016 BOARD OF SELECTMEN MEETING AT 8:03PM AND TABLE THE EARLIER DISCUSSION REGARDING GOAL SETTING UNTIL THE OCTOBER 3, 2016 MEETING.
APPROVED:___October 3, 2016 (as amended)____________