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Board of Selectmen, April 27, 2015

Meeting date: 
Monday, April 27, 2015

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

April 27, 2015

 

6:30PM                                                                                                           Memorial Hall

Present:  Chairman Anthony Renzoni, Jeremy Kurtz, Robert Lavigne, Mark Ferguson, Kenneth O’Brien

Others Present:            Jacquelyn Kelly, Town Manager

                                    Peter Lukes, Assistant Town Manager

                                    Elizabeth Fotos, Recording Secretary

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

  1. Appointments, Licenses, Permits

Chairman Renzoni stated that prior to the regular meeting; the Board met with and appointed Chelsea Taylor to a three year term expiring on April 27, 2018 to the Cultural Council.

 

  1. Acceptance of Park Bench for Dawson Recreation Area

Moms’ Club of the Wachusett Region

Ms. Leah Wickman, Moms’ Club of the Wachusett Region was present at the meeting.  She told the Board that they donated a picnic bench to the Dawson Playground as a community service project. 

Ms. Wickman told the Board that the Mom’s Club of Wachusett Region is an international, non-profit organization that provides support to mothers.     

Sel. Lavigne thanked Ms. Wickman for the groups work with the mothers of the region.  Sel. Kurtz agreed.

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ACCEPT THE PARK BENCH FOR DAWSON RECREATION AREA FROM THE MOMS CLUB OF WACHUSETT REGION.

Sel. Kurtz asked Ms. Wickman how someone would find out more information about the organization. 

Ms. Wickman replied that they have a website that is linked to the Town’s website and that they do have a lot of word of mouth advertising as well.

Chairman Renzoni thanked Ms. Wickman.

  1. Results of Negotiation with Town Manager in accordance with Section IV (B) of Employment Agreement; Vote to Ratify/ Approve Merit Increase

Chairman Renzoni told the Board that this was the best review that he had seen in six years.  He stated that the Board was here to ratify Ms. Kelly’s annual pay raise for $5,000 retroactive to February 1, 2015.

Chairman Renzoni stated that the raise needed to be ratified by vote in open session.

Sel. Ferguson asked the Chairman to announce the package for the public.

Chairman Renzoni replied that the total salary including the raise is $150,000. 

Ms. Kelly confirmed the $150,000 was with the $5,000 increase.

Chairman Renzoni stated that he did not have the contract in front of him. 

Sel. Lavigne stated that the Board had a conversation in Executive Session that was a good conversation and that the Board had unanimously agreed to approve the increase.

Sel. Ferguson asked administration how much OPEB had in the millions.

Chairman Renzoni replied that question was off topic. 

Sel. Ferguson replied that he did not think it was off topic and he wanted to know how much in millions.

Chairman Renzoni stated that the question had nothing to do with the motion and asked Ms. Kelly to please not answer.  Chairman Renzoni told Sel. Ferguson to email the question to the Town Manager and she could provide him with the answer.

Sel. O’Brien asked how many employees Ms. Kelly managed. 

Ms. Kelly replied about 150 full time employees and about 100 part time employees. 

Sel. O’Brien stated that Ms. Kelly managed about 250 people; there were no rate increases with sewer or trash, the light department or the recreation department, the contract was settled with the Firefighters and that was just some of the good news of the Town.  He stated that this year in particular the Board would be required to give a merit increase to the Town Manager as it was reflective of the great work that Ms. Kelly had done over the last year.  Sel. O’Brien stated that it was well deserved and that as the top of the organization the Board needed to make sure that people were compensated accordingly.

Sel. Ferguson replied that the former Town Manager, Brian Bullock had left the position at $122,000 and he also handled the Light Department. 

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO RATIFY THE SALARY INCREASE OF $5,000 RETROACTIVE TO FEBRUARY 1, 2015 FOR THE TOWN MANAGER IN ACCORDANCE WITH SECTION IV (B) OF EMPLOYMENT AGREEMENT BY A VOTE OF 4-1 (Lavigne: yes; Kurtz: yes; O’Brien: yes; Renzoni: yes; Ferguson: no).

Ms. Kelly thanked the Board.

  1. Town Manager Update

a) SeeClickFix:  Ms. Kelly turned the floor over to Mr. Peter Lukes, Assistant Town Manager in order to discuss SeeClickFix.  This is a new program that will allow residents to report road side issues and request Holden Services through an online and mobile interface.  Mr. Lukes stated that this worked like any other app on the smart phones.  You go to the app store, it will come up and you can download it and install it for free.  The app will allow you to pick a category that you want something reported in, upload a photo and a description and the information will go to the light department of DPW.   He stated that you will receive notification when you send it, when it’s received by the Town and an update when it is fixed. 

Sel. Lavigne thanked Mr. Lukes for doing this and for completing it with grant money as well.  He stated everything that the Board had asked for is there.   He asked if a notice could go out to notify residents that this had gone live. 

Ms. Kelly replied that once they complete the roll-out there will be a press release and it will be posted on social media as well.

Sel. Kurtz asked if the Board could get a report on how many incidents are reported to see how successful it is.

Ms. Kelly replied that they could do that.

Chairman Renzoni asked if each report of a problem would be followed-up on. 

Ms. Kelly replied that unless there was something odd, every reported problem would receive a response.

Sel. Lavigne thanked Mr. Lukes.

  1. Spring Composting:  Composting and brush chipping events are scheduled on the next five consecutives as follows:  April 25, 2015, May 2, 2015, May 9, 2015, and May 16, 2015.   Leaves and grass clippings will be accepted from Holden residents only at the Composting Facility at 560 River Street.  Brush should be brought to the Adams Road garage due to Asian Longhorn Beetle regulations.  Composting and chipping events are scheduled from 8a.m to 2:30pm on these dates, weather permitting.  More information is available on the Town’s website and in the local media.

 

  1. YTD Expenditures and Revenue Reports:  Ms. Kelly included the March 2015 YTD Expenditures and Revenue reports for information, reports are prepared by Lori Rose, Town Accountant

 

  1. MIIA Participation Credits for Holden:  The MA Inter-local Insurance Agency has sent the enclosed letter to its members informing us of our share of the $5 Million in MIIA participation credits being awarded.  MIIA’s participation credits recognize the long-term loyalty and commitment of MIIA’s members such as the Town of Holden.  Because of MIIA’s stability and strength, it has been able to distribute a total of $27.5 Million in participation credits since 2009.  The Town of Holden will be receiving a program Credits in the amount of $18,440, which will be applied to our future invoices.

Chairman Renzoni asked if this was applied to the cost of insurance premiums.  Ms. Kelly confirmed that it was. 

 

  1. Holden Fire Union Contract Bans E-Cigarette Use: In recognition of the health concerns raised by e-cigarettes, the Town of Holden and the Holden Firefighters Association have agreed in the recent contract to ban electronic cigarettes.  The three year contract may be the first municipal contract in the country prohibiting the use of e-cigarettes by covered employees.  An article from a recent issue of The Beacon  is attached which summarizes further details.  The Town applauds our firefighters for their foresight in dealing with this health issue.

 

  1. 2015 Road Maintenance Program:  Ms. Kelly attached the planned 2015 Road Maintenance Program which includes reclamation, mill and overlay projects, sidewalk resurfacing, drainage improvements, culver wall reconstruction and crack sealings.  As in past years, letters to all abutters of the planned work (except crack sealing streets) have been mailed out.  These letters serve to let property owners know the upcoming pavement work, and the associated pavement cut moratorium that accompanies a new pavement surface.  This allows owners to coordinate and schedule any plans they may have for utility connections or driveway work.  As always, we will provide this list of streets to all relevant utility companies, to ensure that they properly coordinate their planned work.

As we move forward with securing various contractors and suppliers for this work, we will provide more information to the public.  Also, we will use the CodeRED notification system and the town’s electronic message board to provide advance notice to abutters when work will actually occur and any required detours. 

A memorandum from DPW Director John Woodsmall is enclosed which details more information on the types of work to be preformed.

Ms. Kelly added some information on Shrewsbury Street for the Board.  She stated that the Town knows that this road is in bad shape.  She stated they were originally waiting for the frost to melt and now were waiting for the asphalt plants to open.  She stated that starting the week of Monday (May 4, 2015) the DPW will do temporary repairs of Shrewsbury.  Ms. Kelly stated that a major resurfacing will be done but it needs to be bid out so the repairs will be done after July 1, 2015.

Sel. O’Brien stated that the road is in bad condition and that patch work has not even been done.  He stated that he understood the hesitation of the Town to do the patch work but that the pot holes should be filled as people’s cars are getting damaged.  He stated that doing this work would reflect positively on the administration. 

Sel. O’Brien asked about the bridge work on Rt. 31.  He stated that there was some concern that the project would stretch out time wise.  He asked if a letter could be drafted to MA Highway and express concern as it is a major commuter route. 

Ms. Kelly stated that there is a water main that goes under the bridge that needs to be relocated from one side of the bridge to the other.  She stated that the Town had been working with the Massachusetts Department of Transportation throughout the project.  Ms. Kelly replied that the original construction was scheduled to be done in two construction seasons. 

Sel. O’Brien asked if the Town could give a gentle nudge to help ensure the timely completion of the project.

Chairman Renzoni asked Ms. Kelly without objection if she would draft a letter that would encourage the timely completion of this project.

Ms. Kelly agreed.

  1. Citizens Address

Ms. Maureen Florian, 191 Sterling Road addressed the Board.  Ms. Florian stated that at the April 6, 2015 Board of Selectmen meeting remarks were made that she took exception to.  She stated this Selectman said that someone who came to the podium and was spreading rumors and innuendo about him for political purposes.  She stated that she did not refer to the Selectman by name because the rules of Citizens Address did not allow her to.  She stated that this Selectman stated that if no police report was filed, then nothing occurred.  She stated that she did not agree with this statement.  She also stated that she believed that this Selectman is disrespectful to his colleagues, the Town Manager, and to the Citizens at the podium.  Ms. Florian stated that the police do not make her uneasy to appear at the podium but that the Selectman’s behavior did.  Ms. Florian stated that what happens at the meetings is not healthy debate, it is calculated behavior.  She stated that this Selectman stated that he pays for the microphone to speak at the meetings, but that she did as well.   Ms. Florian asked the Board to maintain the police presence at the meeting until the room feels safe once again. 

Mr. Marshall Horowitz, 57 Lexington Circle addressed the Board.  He thanked HCTV for hosting the debate and stated that it was well run and that the rules were followed.  Mr. Horowitz stated that it was encouraging to see the chairs filled and he congratulated the citizens of Holden for their presence.  He stated that while it was not a pressing issue, he wanted to bring up a problem of companies littering his driveway with advertisements.  He stated that tree companies were throwing advertisements on his driveway and he wanted to know why they could do this.  He stated that he understood there was sign orders but that this act of advertisements also detracted from the beauty of the Town.

Chairman Renzoni closed Citizens Address.

  1. Selectmen Subcommittees

Sel. Lavigne:  Winter Festival Committee:  Stated that Mr. Lukes looked into some policies impacting the Winter Festival.  Sel. Lavigne told the Board that some major companies have policies that they are unable to donate to charities.  He stated that Mr. Lukes looked into it and was able to figure out a way to allow these companies to donate.  Sel. Lavigne stated that this was going to add value to the parades and Winter Festival in Town.

Sel. Kurtz: Memorial Day Parade:  Told the Board that the committee will meet on April 30, 2015 to finish up planning.  He stated that the parade committee was also going to go to a Selectmen meeting. 

EDC:  They will try to meet Monday, May 4, 2015

Ms. Kelly told the Board that the Planning Board was having a hearing on April 27, 2015 regarding street layouts.

Ms. Kelly also thanked everyone for their donations.  Sel. Lavigne asked if additional donations can be done online.  Ms. Kelly confirmed they could.

Sel. Kurtz: 275th Anniversary:  Meet monthly right now on Tuesdays.

Sel. O’Brien: Light Advisory Department: Told the Board that he had some information from Mr. Robinson on the PV systems and that he would pass along to the Board.

OPEB: told the Board that they have not had a working meeting in a while but that Fin Com had some conversations regarding it.

Chairman Renzoni told the Board that there was a suggestion made to look at how the Town invests and the stability of the funds.  He stated that they wanted to have a group look at it and Fin Com wanted to discuss it during goal setting and then have the group make a recommendation.  He stated that they wanted a better understanding of it so they could make money saving recommendations at Town Meeting.

Sel. O’Brien asked if the treasurer and Ms. Kelly had met with the financial advisor.

Ms. Kelly replied that this year she had prepared a 5 year financial plan based on the Town’s reserves and that they did meet and incorporate it into the plan.

Sel. Lavigne stated in the past there was an amount that previous Town Managers wanted to keep in the fund in order to get a higher bond rating.  He confirmed that any policy created by Fin Com would not handcuffed the manager or the day to day operations of the Town.

Chairman Renzoni: Community Garden: Told the Board that he had dispatched himself to the Community Garden Working Group.  He stated that the Town Manager had been invited and they want to pitch their idea.

Sel. Lavigne replied that he was at the meeting a meeting with Principal Norton at Davis Hill and that the impact of a community garden was discussed.  Sel. Lavigne stated that the principal told him that it would be a learning opportunity with no negative impacts to the school.

 

  1. Public Hearing- Transfer of Liquor License and Change of Manager Restaurant All Alcoholic Beverages License from Blue Plate, Inc. to Bradford E. Carlson

Chairman Renzoni read the public hearing notice into record.

Motion by Sel. Lavigne, seconded Sel. Kurtz, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING FOR THE TRANSFER OF LIQUOR LICENSE AND CHANGE OF MANAGER RESTAURANT ALL ALCOHOLIC BEVERAGES LICENSE FROM BLUE PLATE, INC. TO BRADFORD E. CARLSON.

Ms. Stephanie M. Goodwin, P.C., was present as counsel.  She stated that there were no changes to the restaurant and that they were in the process of transferring licenses. 

Chairman Renzoni opened the hearing to the public.  No members of the public stepped forward to speak.

Chairman Renzoni opened the floor to the Board.

Sel. O’Brien asked if the new manager, Bradford Carlson had TIP training for serving alcohol.

Mr. Carlson replied that he did not include it in the packet but he is TIP certified.

Sel. Lavigne asked what the new plans were and asked to hear from the new ownership.

Mr. Carlson replied that they wanted to expand and give it a new touch.  He stated that they wanted to expand on lunches and dinners and make it new again.

Sel. O’Brien asked if this was reviewed by the Chief of Police.

Ms. Kelly replied that it was.

Motion by Sel. Ferguson, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING.

Sel. Lavigne stated that Blue Plate was a staple in Holden and that it was great to see that it was staying.

Sel. O’Brien stated that it was a long standing establishment and that the Stacy Family is going to maintain the property they are just putting new management in. 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO APPROVE THE TRANSFER OF LIQUOR LICENSE AND CHANGE IN MANAGER FOR BLUE PLATE LOUNGE PENDING CHIEF OF POLICE REVIEW/APPROVAL.

 

  1. Future Agenda Items

Sel. O’Brien stated that he had nothing to request but that he did have a short conversation with the Town Manager about investigating the pluses/minuses about a personnel board to work on contracts with unions.  He stated that this was something they would pursue outside the meetings for now.

Sel. Kurtz: none

Sel. Lavigne stated that he would like to have a conversation about the proposed sign bylaw changes.  He stated that he would like to take a closer look at see if the Selectmen agree.

Chairman Renzoni asked if he would like to invite the Planning Board in.

Ms. Kelly replied that the Selectmen would be taking a position next meeting, May 4, 2015.

Chairman Renzoni stated they could ask the DPW Director to make himself available so the Board could get a better understanding about the sign bylaws.

Sel. O’Brien stated that he had previously attended Town Meetings where the size of house numbers were being discussed; he stated this is something that they would want to publicize as the public had strong opinions on these matters.

Ms. Kelly replied that the Planning Board was having a hearing at 7:00PM, April 28, 2015 at Memorial Hall.

Chairman Renzoni interrupted this in order to move to a scheduled public hearing.

 

  1. Public Hearing to Layout January Lane

Sel. Lavigne read the public hearing notice into record.

Motion by Sel. Kurtz, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING TO LAYOUT JANUARY LANE.

Scott Fenton, Attorney was present at the meeting.

Chairman Renzoni asked the Town Manager if there was any recommendation on this.

Ms. Kelly replied that they do not have any recommendation currently.  She stated that the process was that the street gets laid out, a hearing is held, then engineering does a punch list and a recommendation is made at Town Meeting.

Mr. Fenton stated that they had received a punch list and had worked on the minor things. 

Chairman Renzoni asked if the Board had any questions.

Sel. O’Brien stated that the drainage easement was altered at some point.  He asked if this was done in order to do more development behind January Lane.

Mr. Fenton replied that it was.

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING. 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO LAY OUT JANARY LANE FROM STATION 0+00 TO STATION 5+66 FOR A DISTANCE OF APPROXIMATELY 566 FEET ALONG THE CENTERLINE; AS SHOWN ON A PLAN OF LAND ENTINTED “JANUARY LANE ACCEPTANCE PLAN OF LAND PREPARED FOR WINTER RIDGE LIMITED PARTNERSHIP” DATED OCTOBER 25, 2013, BY WHITMAN AND BINGHAM ASSOCIATES, LLC.,  TO BE FILED TOGETHER WITH A COPY OF THIS VOTE IN THE OFFICE OF THE TOWN CLERK.         

Future Agenda Items Cont.

Sel. Lavigne asked if he could have a copy of the proposed bylaw changes.  Ms. Kelly replied that she would send them to the Board.

Sel. Ferguson stated that he had a matter he would like to discuss with the Growth Manager coming to the meeting as well.  He stated that there is a concept out there that an applicant can come in for a commercial building or alteration and appear once with engineering and a lawyer and the many different commissions out there can all meet at once to collectively discuss.  Sel. Ferguson stated this ensured an applicant did not need to show up on multiple occasions.  Sel. Ferguson stated that the Town had been seeing momentum with economic development and this may help move it forward.

Sel. Kurtz stated that the Town had one stop permitting online currently; Sel. Ferguson was talking about one stop approval by multiple boards.

Sel. Ferguson stated that he was talking about one stop appearance.  He stated that Zoning/ Planning/ Historic/ etc could coordinate so the process does not get drawn out.

Sel. Lavigne stated that this may be something that EDC could look into and give an opinion on.  He stated that he understood what Sel. Ferguson was saying but that he does not know how this would be able to be strategically done as it was a lot of people/ committees to coordinate.

Sel. O’Brien stated that he wouldn’t be opposed to having a discussion with Dennis Lipka, Growth Management.  He stated that he doesn’t know if it needs to be an agenda item though.  He stated that while he doesn’t know if there could be one stop approval, perhaps there could be a one stop place for information.  He stated that every committee/ commission had their rules and there are a lot of responsibilities that need to be dealt with.

Chairman Renzoni interrupted Future Agenda items in order to move forward with a scheduled public hearing.

 

  1.  Public Hearing to Layout Streets in Wagner Meadows Subdivision:
    • Hayfield Lane
    • Wagner Lane
    • Preservation Lane

 

Sel. O’Brien read the public hearing notice into record.

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING TO LAYOUT STREETS IN WAGNER MEADOWNS SUBDIVISION.

Chairman Renzoni asked if the applicant was present.  Ms. Kelly replied that they were not but that there were two neighbors present.

Di Zhu, 28 Wagner Lane was present at the meeting.

Chairman Renzoni asked Mr. Zhu if he wished to speak, he did not.

Ms. Julie Zhu, 28 Wagner Lane was present at the meeting as well.  She asked if the pump station on the street would be taken over by the Town.

Ms. Kelly replied that she does not know but that she can find out.  She stated that it depends on the agreement that the developer made.

Sel. O’Brien thanked the residents for coming to the meeting.  He asked Ms. Kelly to get clarification on this matter and encouraged the neighbors to come back out.

Ms. Kelly replied that she would get the neighbors contact information and let them know.

Chairman Renzoni again asked if there were any other members of the public present for Wagner Meadows.

Lin Hvu Ho, 46 Hayfield Lane addressed the Board.  He asked questions regarding the sewers and the cost once the street moved to Town ownership.

Ms. Kelly told Mr. Ho that it was a concern and she would get back to him. 

Sel. O’Brien stated that the Board wanted to protect the citizen’s liability and address any concerns that they have but to also keep in mind that they want to move forward as there is a benefit to the residents to have the street accepted by the Town. 

Mr. Ho asked about plowing sidewalks in the winter.

Chairman Renzoni clarified that the Town does not own the road yet, the developer does, so it was a developer issue from this past winter.

Mr. Ho asked if when the Town took over the neighborhood would need to add sidewalks and if they needed to be kept clean.

Ms. Kelly replied that sidewalks that are designated walking routes for schools the Town clears if the Town takes ownership of the street.

Mr. Ho asked if they would be able to put sheds in their backyards once the Town took over the street.

Ms. Kelly replied that she did not know the conditions under which the subdivision was approved and she would have to get back to Mr. Ho to answer all his questions.

Sel. O’Brien stated that some subdivisions added covenants that put restrictions on the homeowners so the questions could not be answered without reviewing the rules of the subdivision.

Ms. Kelly gave Mr. Ho her card and took his contact information so she could follow up.

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR THE LAYOUT OF WAGNER MEADOWS SUBDIVISION.

Sel. Lavigne stated that he thought the Board should not take action at this point.

Chairman Renzoni stated that the Board did not need to take a position but that the layout did need to be completed in order to go to Town Meeting.

Chairman Renzoni called a one minutes recess at 7:49PM to allow Ms. Kelly to finish speaking to Mr. Ho.

Meeting called back to order at 7:52PM

Chairman Renzoni asked Ms. Kelly if procedurally they were just laying out the streets.

Ms. Kelly confirmed and stated that the Board was not approving/ denying anything.  That approval was based on the Planning Board recommendation and is more technical.

Chairman Renzoni asked Ms. Kelly if they could have a follow up to the citizens concerns. 

Ms. Kelly replied that every subdivision is different and she wanted to make sure the information she was providing the residents with was the correct information.

A motion was made by Sel. Kurtz and seconded by Sel. Ferguson.  The Board discussed the layout further.

Sel. Lavigne returned to the meet at 7:55PM.  (Sel. Lavigne left meeting during brief recess).

Sel. Ferguson stated that this process has become a public hearing in order to hear the concerns of the citizens, and then move forward with the layout regardless.  He stated that they should have more planning input at this phase in order to make a decision.  Sel. Ferguson stated that the dilemma becomes that these citizens are tax payers but they do not receive the benefits of the Town owning their streets.  

Chairman Renzoni replied that he believes the next phase is the Planning Board hearing.  He stated that it is their process to put the ball in motion and that the Selectboard did not take a position at this time.

Motion by Sel. Kurtz, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE LAYOUT OF HAYFIELD LANE FROM STATION 0+00 TO STATION 7+66 FOR A DISTANCE OF APPROXIMATELY 766 FEET ALONG THE CENTERLINE, WAGNER LANE FROM STATION 0+00 TO STATION 5+43 FOR A DISTANCE OF APPROXIMATELY 543 FEET ALONG THE CENTERLINE, AND PRESERVATION LANE FROM STATION 0+00 TO STATION 8+85 FOR A DISTANCE OF APPROXIMATELY 885 FEET ALONG THE CENTERLINE; AS SHOWN ON A PLAN OF LAND ENTITLED, “WAGNER MEADOWS ROAD ACCEPTANCE PLAN IN HOLDEN, MASSACHUSETTS, PREPARED FOR CASA BUILDERS AND DEVELOPMENT CORP.” DATED JANUARY 2015 BY DAVID E. ROSS ASSOCIATES, INC. TO BE FILED TOGETHER WITH A COPY OF THIS VOTE IN THE OFFICE OF THE TOWN CLERK.

  1.  Public Hearing to Lay Out a Portion of River Street Across Quinapoxet River Bridge

Sel. Lavigne read the public hearing notice into record.

Motion by Sel. Ferguson, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING TO LAY OUT A PORTION OF RIVER STREET ACROSS QUINAPOXET RIVER BRIDGE.

Chairman Renzoni asked if there were any members of the public present to speak; no one stepped forward.

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING.

Sel. Lavigne stated this was a slightly different layout as it was working with the DOT.  He asked if the Planning Board was going through the same process.

Ms. Kelly replied that they were.

Sel. Lavigne asked what would happen if this failed at Town Meeting.

Ms. Kelly replied that DOT would not replace the bridge.  She stated that they had been working closely with DOT and they require the layout to be done in order to do the work.  She stated original work was done in 1906 and it was unclear as to the layout.  She stated DOT needed this completed in order to replace the bridge.

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO LAYOUT AS A TOWN WAY A PORTION OF TIVER STREET, OVER AND ACROSS A NEW BRIDGE TO BE CONSTRUCTED OVER THE QUINAPOXET RIVER TO HARRIS STREET, SAID LAYOUT BEING NECESSARY FOR THE PURPOSE OF FACILITATING A PROJECT OF THE MASSACHUSETTS DEPARTMENT OF TRANSPORTATION TO REPLACE THE EXISTING BRIDGE SERVING RIVER STREET AS SHOWN ON A PLAN PREPARED BY C&C CONSULTING ENGINEERS, LLC., DATED APRIL 3, 2015 TO BE FILED TOGETHER WITH A COPY OF THIS VOTE IN THE OFFICE OF THE TOWN CLERK.

            Future Agenda Items (Cont. )

Chairman Renzoni replied that he would work with the Town Manager to see if Mr. Lipka could speak about it Monday, May 4, 2015, or it would be placed as a future agenda item.

Sel. Ferguson stated that he would like to discuss Eagle Lake.   He stated that it used to be a great swimming spot and it has diminished with geese and weeds.

Chairman Renzoni interrupted Sel. Ferguson and stated that the Board was not going to have the discussion now.  He recapped Sel. Ferguson and said that he (Ferguson) wanted to discuss DCR and their availability to maintain Eagle Lake.

Sel. Ferguson replied that he could finish his thought in 5 seconds.

Chairman Renzoni replied that it was not an agenda item; he asked the Board if they wished to see this as future item.

Sel. Kurtz replied that he believed the Board had already said they were going to pursue this with the Conservation Commission.

Sel. O’Brien agreed.  He stated that he had volunteered to go speak with Con Com.

Sel. Lavigne agreed.

Chairman Renzoni replied that the Board was going to speak about this in the future after Sel. O’Brien had spoken to Conservation.

Sel. Ferguson stated that he had done research and wanted to speak.

Chairman Renzoni gaveled Sel. Ferguson.

Sel. Ferguson speaks.

Chairman Renzoni gaveled and told Sel. Ferguson that he was out of order.  He stated that what was going on was a discussion on the item not just proposing the item and that violated the intent of the open meeting law.

Sel. O’Brien stated that if a discussion was going to be had, a Selectman could distribute literature without discussion so it would help the other Board members see why they requested the future agenda item.  He suggested doing this so everyone stayed in the loop.

Sel. Lavigne cautioned the Board to be careful if they proceeded with Sel. O’Brien’s plan to distribute documentation as they wanted to ensure they were not in violation of the open meeting law. 

Chairman Renzoni told the Board that if they did this, to make sure there were enough copies for the press as well.

Sel. Lavigne cautioned the Board against putting opinions in anything distributed.

Chairman Renzoni asked if there were any other requests for Future Agenda Items.

Sel. Ferguson replied that with Selectmen Misc. there was never a problem; he stated that the Chairman updated a policy to submit items by Wednesday of the prior week and none of his submissions were heard.  He stated it was frustrating and he was not trying to violate open meeting law.  He stated that before he could make any presentation, he was stopped and that he worked hard to get this information and innuendo takes over.

Sel. Lavigne called a point of order; he stated he did not say that.

Sel. Ferguson replied that it was continual.

Sel. Lavigne replied that he did not say that, just that everyone needed to be careful.

Sel. O’Brien replied that no one wanted to stop Sel. Ferguson from distributing his information; he just wanted it to be done in a respectful manner.

Sel. Ferguson stated that when you ask for a Future Agenda item it’s verbal, Selectmen Misc was put on so no one was blindsided by an item.  He stated that two minutes speeches don’t work and that he can make a speech that is not valid without any input and that the process does not work.

Chairman Renzoni replied that he disagrees and believes it has worked.  He stated in 2013 the Board had a problem and that as the Chairman he didn’t need to bring the policy to the Board to change; as Chairman it is his responsibility to control the Board.

Sel. Lavigne stated that “Selectmen Misc.” was good for a while but then it became a forum for people to take over the meeting.  He said that he would like to see it back one day.   Sel. Lavigne also stated that asking for agenda items multiple times doesn’t work either.

Chairman Renzoni asked if there were any new future agenda items.

Sel. Ferguson replied that he would like to see the ECC property and speak about what the administration has in the file. 

Chairman Renzoni asked if there was interest in the inquiry about the ECC.

Chairman Renzoni replied that this was just a change in words.  He asked if anyone else wished to discuss this matter in the future; no other board members wished to move forward with this.

Sel. Ferguson replied that if he remembered corrected there was a 3-2 vote and it showed a shift in policy.

Chairman Renzoni replied that he had just asked the Board and 1-4 it failed.

Chairman Renzoni closed Future Agenda Items

 

  1. Follow Up to Citizens Address

 

Chairman Renzoni stated that the majority of the Board does not endorse or support the behavior of any Selectmen chasing anyone out of the building or intimidating anyone.  He wants the public to feel save to come to the meetings and stated that without objection he thinks the majority of the Board feels the same way. 

Sel. Ferguson objected.

Chairman Renzoni stated that Sel. Ferguson objected to the fact that citizens should not feel threatened attending the meetings.   

Sel. Lavigne stated that all contact information is available as well and that members of the Board would love to speak about any concerns a citizen may have.

Chairman Renzoni congratulated HCTV on the coverage of the Chamber’s candidates event.

Sel. Ferguson stated that he objected to the Chairman’s characterization of what Sel. Ferguson objected to.  He stated that it seemed rehearsed to him.  Sel. Ferguson stated that he was a conservative republican and that Mr. Horowitz was a Republican.

Sel. Lavigne objected and called a point of order.

Chairman Renzoni gaveled.

Sel. O’Brien stated that they should allow Sel. Ferguson to speak.

Sel. Ferguson told Chairman Renzoni to run a clean campaign.

Chairman Renzoni gaveled Sel. Ferguson again and told him to please refrain from campaign speeches. 

Sel. Ferguson replied that his politics were attacked.

Chairman Renzoni gaveled.

Sel. O’Brien replied that you cannot control or shut someone down just because you don’t agree with them.

Chairman Renzoni replied that he will protect the citizens of the Town.  He stated if Sel. Ferguson could refrain from political speech he could speak.

Sel. Ferguson interrupted and stated that he objected to the Chairman’s characterization of him. 

Sel. Lavigne called a point of order and stated that this conversation had nothing to do with Citizens Address. 

Sel. Ferguson replied that it did.

Sel. Lavigne replied that he didn’t believe it did.

Chairman Renzoni began to summarize.

Sel. Ferguson replied that he did not want the Chairman to use his words to characterize.

Chairman Renzoni gaveled Sel. Ferguson.

Sel. Kurtz asked if there was a bylaw regarding advertising/ soliciting.

Ms. Kelly replied that they were not supposed to do that (throw weighted advertisements on driveways)

Sel. Kurtz asked if the best thing to do was to contact the police department.

Sel. O’Brien replied that while he understands some people think its litter, it not illegal to leaf peoples homes.

Sel. Kurtz replied that it was solicitation.

Chairman Renzoni closed Follow Up to Citizens Address.

 

  1.  Town Meeting Warrant Vote/ Signatures

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO OPEN THE TOWN MEETING WARRANT.

Ms. Kelly told the Board that there were some changes to the list placeholders for Town Meeting.  She stated that she added article 25 which was revocation of 2014 authorization for sale of the Craemer Property.  Two articles were no longer needed; one was a transfer of money into the water sewer stabilization fund, it wasn’t needed because transfer of money into this fund was no longer occurring.   The IIF article was no longer needed because the transfer of money was no longer needed into or out of this fund, so this article was removed as well.

Ms. Kelly stated that on April 1, 2015, Fin Com did vote to not pay debt service for the public safety building or the pool from the IIF.  She stated that last year, the IRS had come down on the Town for use of IIF Funds for payment of debt.  Ms. Kelly stated that it was originally set up to pay debt service on capital projects with the interest that it earned on its balance however the IRS prohibits this practice.  Ms. Kelly stated that the Town came up against this last fall when the debt was refinanced.  We are no longer funding debt service from the IIF.

Sel. Lavigne asked if the principal amount of the fund could be used to pay down debt.

Ms. Kelly replied that debt service is both principal and interest.  She stated that the IIF could not be used for debt service.

Sel. Lavigne asked if it could now only be used if it was taxable bonds.  He asked if the Town had to do taxable bonds at a higher level in order to use the money.  He stated the whole purpose is to offer tax fee bonds and that if this was true, then the IIF was useless.

Chairman Renzoni replied that Fin Com intended to use the funds as an investment for future projects against the Town Managers advice.

Ms. Kelly replied that she did not believe this was permissible under the terms of the IIF special act.

Chairman Renzoni replied that Fin Com wants to build the IIF up.  He stated that he took his advice from the Town Manager and that she had been cautioning all along that according to the IRS information has been presented that would have the bond rating increase. 

Ms. Kelly asked if the Chairman wanted her to read a document from bond counsel.

Chairman Renzoni replied that he didn’t want to talk about the IIF but wanted to discuss why Ms. Kelly did not want to place the warrant article.   

Ms. Kelly stated that she had left a Fin Com meeting and apparently Fin Com wants to raise taxes and use up the $1.7 Million in excess spending capacity next year.  She stated that she had heard, though she wasn’t told, that they voted after she (Ms. Kelly) left the meeting to raise $1.4 Million more through taxation and put the funds in IIF for the future.

Chairman Renzoni corrected the numbers.  He stated they suggested raising $1.2 Million more dollars and transferring $200,000 into the IIF.

Sel. Lavigne asked what would happen with those funds as it couldn’t be used for future projects and under the IRS rules it couldn’t be touched.   He stated that these funds couldn’t be used to pay down anything.

Sel. Lavigne stated that he knows Fin Com doesn’t want the Town to turn into some of the communities that have financial issues.  He stated that he thinks the Board needs to be prepared to discuss this further on Town Meeting floor.  He stated that he understands that Fin Com wants to have extra funds but that he does not know where this is coming from.

Ms. Kelly replied that she does not know either. 

Sel. O’Brien stated that he appreciates their work evaluating the Towns finances but that everyone must know that in the future taxes are going to increase.  He stated that if Fin Com wanted to make that recommendation they can, however he is completely opposed to putting that money in the IIF and he thinks that fund should be eliminated.  Sel. O’Brien stated that he wants to see the finances simplified.

Sel. Lavigne stated that Fin Com puts in a lot of work but that the IIF is antiquated.   He stated that at the Town Managers goal setting, the Board had spoken about eliminating IIF.  Sel. Lavigne stated that the IIF was put aside under the old funding formula so that schools could not use it.

Chairman Renzoni stated that this discussion should be about approving a warrant, not discussing the IIF.  He stated that they are voting to set the articles as presented.

Sel. Ferguson stated that he wanted to go back to Fin Com.  He stated that he wanted to take Fin Com head on.  Sel. Ferguson stated that last year, they cut extended library hours and opeb.  He stated that the reason why there is $4 Million is because they do not give the Town lean budgets and here Fin Com wants to raise taxes.  Sel. Ferguson stated that he wanted to have a meeting with them before Town Meeting as they should be coming up with ways to have a lean budget not ways to raise taxes.

Chairman Renzoni replied that they had those meetings.

Sel. O’Brien replied that he could not attend Wednesday night meetings.

Sel. Lavigne stated that coming in at the 11th hour is imprudent.

Sel. Kurtz stated that in 2014, the Selectmen voted to review IIF and asked for a plan from IIF.

Sel. O’Brien asked if approving the warrant articles as presented would block Fin Com from putting additional funds into IIF.

Sel. Ferguson stated that he was caught in between.  He stated that he did not want to see Fin Com prevail, but that he did believe they needed to have their day in court.  He stated that just because the Selectmen have the power, he doesn’t believe that they should use it.  He stated that he would need to vote against the motion because he thinks they should be included and that it should not be heavy handed.

Sel. Lavigne implored Sel. Ferguson to reconsider.  He stated that they will still have a voice, they will just have to give the moderator the article they would like to discuss similar to how the Selectmen had to address the library the previous year.  Sel. Lavigne stated that they could still have their day; they would just need to make a motion.  He stated that he believes that it sends a stronger message to have a unanimous vote.  Sel. Lavigne stated that this conversation just started within the last two weeks and nothing was bought up to the Selectmen.

Sel. O’Brien stated that Sel. Ferguson wanted to lower taxes and that he (O’Brien) wanted to hold the line.  He stated the compromise was to have the resource profile meeting televised but that Fin Com vetoed that.  He stated that Fin Com had never come to the Selectmen to discuss matters. 

Sel. Lavigne stated that this is not political; it is purely living within our means.  He stated there is no need to increase savings.

Sel. Ferguson stated that the bigger issues is that the Board is removing the placeholder and that is saying that because the Selectmen have the power and do not like what Fin Com is proposing, they don’t have to do it.   Sel. Ferguson stated that he thinks Fin Com should be allowed to move the message forward and see if it gets stomped out by public opinion. 

Chairman Renzoni replied that he thinks the Board needs to back the Town and the Town Manager.  He stated he would like to see the warrant article as presented.

Ms. Kelly replied that she has not received the request yet and that it would need its own warrant article.  She stated that she also believes that when Fin Com sees that IIF is not on for a warrant article they will just change it to go somewhere else and that other motions will be there to reach that balance.

Sel. Ferguson replied that even though he is opposed to this, he still thinks that they should be able to present it at Town Meeting.  He stated he would rather see it straight up in a warrant article then buried and that maybe this will encourage people to come to the meeting.

Sel. O’Brien asked who placed the language for the warrant articles.  Ms. Kelly replied that she wrote them in conformance of what Fin Com voted on.

Sel. O’Brien asked if Fin Com felt strongly about this they should have approached the Selectmen.  He stated it didn’t show respect to the Selectmen.  He stated they could have come to the meeting or have a special meeting but that they should have approached the Board to set this as a warrant article. 

Sel. Kurtz said there was no formal request for this, he moved the question.

Motion by Kurtz, seconded by O’Brien, it was UNANIMOUSLY VOTED TO SET THE TOWN MEETING WARRANT ARTICLES AS PRESENTED.

 

  1.  Two Minute Speeches

 

Sel. O’Brien stated that in discussion of the follow up, he is very sensitive to the rights of the minority.   He stated that one thing that needed to happen was the Board needed to double its efforts to be sensitive to the minority opinion. 

Sel. Kurtz passed on his two minutes

Sel. Lavigne thanked the cub scouts for their hike at Trail Brook to look for litter.  He stated that the candidate’s debate is still available on HCTV.  He also reminded everyone that May 11, 2015 were town elections and that May 18, 2015 was the annual Town Meeting.  He stated that it sounded like funds are either going back into the people’s pockets or into a Town fund so people should come out to be heard.

Sel. Ferguson stated that a 3% raise was spoke about for the Town Manager and that on behalf of the town employees he thought they should ask for a 3% raise as well.

Sel. Ferguson also stated that the innuendo that is constant and never ending is a disservice to his family and to the Town.  He stated that it is clear that he will stand on issues and against pay raises, appointments, he wont look the other way on water loss.  He stated that when he asked why there was a police presence he was told that the reply was that they do what their told to do.  Sel. Ferguson also stated he wouldn’t look the other way when and he asked why Mirrick O’Connell was representing the Town on a major lawsuit against the City of Worcester who they also represent as a major client without any disclaimer.  

Chairman Renzoni gaveled Sel. Ferguson for time.

Sel. Ferguson asked if he could have someone’s additional time; no one gave him their time.

Chairman Renzoni replied that Mirrick O’Connell is not representing the Town in special legislation.  He also stated that he wanted to warn people about keeping the political speeches out of the Selectmen meetings otherwise they would need to invite the other candidates in for their two minutes as well.   He stated that he wanted to echo Sel. Lavigne sentiment to get out and vote (May 11, 2015) and to come to Town Meeting (May 18, 2015) as it sounded as though there were going to be big issues on the table.

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO ADJOURN THE APRIL 27, 2015 BOARD OF SELECTMEN MEETING BY A VOTE OF 4-1 AT 9:02 PM.  (Lavigne: yes; Kurtz: yes; Renzoni: yes; O’Brien: yes; Ferguson: no).

 

APPROVED: _August 3, 2015 as amended______________________