Print
Share page with AddThis

Board of Selectmen, April 6, 2015

Meeting date: 
Monday, April 6, 2015

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

APRIL 6, 2015

 

 

6:30PM                                                                                               Memorial Hall

 

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

 

Others Present:            Jacquelyn Kelly, Town Manager

Peter Lukes, Assistant Town Manager

Stephen Madaus, Town Counsel (6:35PM)

Liz 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 at 6:15, the Board of Selectmen met with Karen Clickner and voted to appoint her to fill a term set to expire December 31, 2016 with the Historic District Commission.  

 

Ms. Kelly told the Board that Ms. Chelsea Taylor (Cultural Council) was unable to make it for tonight (April 6, 2015) meeting and would be at the next meeting of April 27, 2015.

 

  1. Recognition of Kids in the Kommunity

 

Sel. Kurtz welcomed the Kids in the Kommunity and invited them up to the podium.

 

Sel. Kurtz stated that the Kids in the Kommunity was an organization of about 80 or so kids from 6th to 8th grade that did a host of volunteer work in the community including but not limited to work with the Pay it Forward day, winter carnival, recycling efforts, the Memorial Day Parade, and a shovel brigade.

 

Mr. Madaus entered the meeting at 6:35PM.

 

Elisabeth Hughes the lead advisor with Kids in the Kommunity told the Board of the hard work the kids had put into the shovel brigade, however she stated that the shovel brigade was only a small portion of what the organization does.

 

Columba Andrew, a Kids in the Kommunity member told the Board that she was not part of the shovel brigade but she was part of Pay it Forward, Recycling days, and Memorial Day events.  She stated that it was great to see the reaction from members in the community when they learned that the kids were doing volunteer efforts with the expectation of nothing in return.

 

Paige Newall, Kids in the Kommunity member said that they do a lot of donations and collect and donate food and it was great see people’s reactions.

 

Ms. Lori McLean, a Kids in the Kommunity advisor, told the Board that this was her first year with the organization and that the students inspire her with the ongoing activities and efforts.  She stated that they are learning pride in the community and she is hopeful that this organization will guide them to becoming better citizens in the future.

 

The Board presented the kids with a certificate and took a picture with the kids and advisors. 

 

Kids in the Kommunity website:  www.kidsinthekommuniy.org

 

  1. Vote to Accept Modified Drainage Easement/ 32 Erin’s Way, John and Catherine Gould

 

Ms. Kelly told the Board that both she and DPW recommend that the easement be approved. 

 

Mr. Madaus gave the Board some background on the property and told the Board that a corporate act of acceptance is needed.

 

Motion by Sel. O’Brien, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED, ACTING AS SEWER COMMISSIONERS AND HAVING RECEIVED FAVORABLE RECOMMENDATIONS FROM THE TOWN’S DEPARTMENT OF PUBLIC WORKS AND THE TOWN MANAGER, TO EXECUTE ANY DOCUMENTS NECESSARY TO ACCEPT ON BEHALF OF THE TOWN AN EASEMENT DEED FOR SEWER AND DRAINAGE PURPOSES IN PROPERTY ALONG ERIN’S WAY, HOLDEN, AS PURPORTED TO BE CONVEYED TO THE TOWN BY AN EASEMENT DEED FROM SEAN XENOS, DATED SEPTEMBER 8, 2010, RECORDED AT THE WORCESTER DISTRICT REGISTRY OF DEEDS IN BOOK 46291, PAGE 361, BUT EXCLUDING FROM SUCH ACCEPTANCE AND OTHERWISE RELEASING ALL RIGHTS IN AN AREA OF LAND LOCATED ON PROPERTY SHOWN AS LOT 5 & PARCEL A, ALSO KNOWN AS,  32 ERIN’S WAY, OWNED NOW OR FORMERLY BY JOHN R. AND CATHERINE R. GOULD, AND LABELED “FORMER DRAINAGE EASEMENT”, AS SHOWN ON A PLAN ENTITLED “PLAN OF EASEMENT, 32 ERIN’S WAY LOCATED IN HOLDEN, MASSACHUSETTS” PREPARED BY FNILAY ENGINEERING SERVICES, DATED NOVEMBER 6, 2014. 

 

 

 

  1. Town Manager’s Update
    1. DCR Cleaning of Holden Waterways/Ponds:  This question was forwarded to Representative Kim Ferguson.  She followed up with officials from the Department of Conservation and Recreation.  Although they do not disagree that this is an important initiative, the Department has neither the funds nor the staff to undertake such a wide-spread, labor-intensive effort.  They did note that they would be more than willing to cooperate should the Town wish to address this issue.  Ms. Kelly thanked our Representative for following up on the matter.

 

Chairman Renzoni said this answer had been provided last fall the Board had decided to put it back on the agenda.  He opened the floor up for discussion on this issue.

 

Sel. Ferguson stated that he had previously asked for an agenda item (September 24, 2014).  He stated that he was a native of Holden and had watched Holden waterways whittle away due to eutrification (weed infestation).  Sel. Ferguson stated that DCR enjoys control of the waterways to the point of interference with the abutters but doesn’t do anything to help maintain them.  Sel. Ferguson stated that DCR needs to be a partner with Holden and contribute money to help with this issue. Sel. Ferguson stated that the Holden waterways were turning into swamps and experts were needed to see the appropriate way to maintain them whether it is a weed treatment or the lowering of ponds in the winter.  He requested that DCR come before the Board in order to discuss the matter further and said that he is not letting DCR off the hook. 

 

Sel. Lavigne agreed with Sel. Ferguson that this was an important matter.  He said that the Board could reach out and invite DCR in, however this was a request that was previously ignored or explore the cost to move forward with treatments of the waterways.  Sel. Lavigne asked if the Town knew what the cost would be for treatments.

 

Ms. Kelly replied that she would have to look into it.

 

Chairman Renzoni suggested having Ms. Kelly look into the cost of this before the next budget season. 

 

Sel. Lavigne stated that he was not saying to have Holden pay the entire cost of the maintenance, but to get the information and data so they can approach DCR with more information and numbers.

 

Sel. O’Brien stated that drawing down the ponds does make sense but he didn’t know who had control of doing it.  Sel. O’Brien also wanted to develop a plan and possibly set up a committee in order to set up actions steps for this issue. Ms. Kelly said that the Conservation Commission should be consulted on this matter.

 

Chairman Renzoni stated that this would possibly be a goal for next year for the Town Manager.

 

Sel. Ferguson stated that he wanted to make a motion to bring DCR before the Selectmen in order to hear their plan for the Holden waterways. 

 

Sel. Lavigne asked how the Board would go about doing this as they had previously reached out to no avail and had no summands power.

 

Chairman Renzoni stated that the Board would take a break from Town Manager’s Update in order to move on to Citizen’s Address.

 

Chairman Renzoni asked if there was a second to Mr. Ferguson’s motion.   No Board members seconded the motion; motion failed for second.

 

  1. Citizen’s Address

 

Chairman Renzoni opened Citizen’s Address at 7:01PM.

 

Mr. Marshall Horowitz, 57 Lexington Circle addressed the Board.  Mr. Horowitz said that he had the privilege of speaking to the Board on February 3rd and March 2nd and that at both of these meetings he was greeted by a Holden policeman.  Mr. Horowitz stated that after exploring other towns’ practices he learned that no other towns had a plicy to have standing police in all their meetings.  Mr. Horowitz asked why are the police present and who pays for their presence. 

 

No other citizens wished to speak.

 

Chairman Renzoni closed Citizen’s Address.

 

            Town Managers Update Cont.

 

Sel. O’Brien asked if the Town could develop its own management plan for the waterways.  He asked if it could be set as an agenda item for the summer so interested parties in Town could become involved and engage DPW as well.   

 

Ms. Kelly told the Board that the Conservation Commission is experts and it would be most efficient to start with them and get their feedback as a first step.

 

The Board agreed without objection to send Sel. O’Brien to a Conservation Commission meeting to speak with them.

 

b) HMLD Credit Rating: According to General Manager Jim Robinson, the Light Department was reviewed by the Standard & Poors Rating Service.  As a result, the Department’s ‘A’ rating has been affirmed.  Ms. Kelly applauded the Department for its successful efforts to establish sound and secure financial practices and policies that resulted in a strong credit rating and savings on borrowings.  

 

The Board agreed without objection to echo Ms. Kelly’s accolades to Mr. Robinson and the light department.

 

Sel. Ferguson asked about energy certificates and SREC’s. 

 

Chairman Renzoni asked Sel. Ferguson to hold this comment until the next item in the Town Manager’s update.

 

  1. PV System at 1420 Main Street:  Ms. Kelly enclosed an economic analysis prepared by Jim Robison, HMLD General Manager, regarding the photovoltaic (PV) system at the Recreation Building, 1420 Main Street.  All PV Projects in town produce two quantifiable benefits: the production of electricity that will be used on site and the creation of solar renewable energy certificate (SRECs).  SREC’s are tradable environmental commodities, which each represent 1,000 kilowatt-hours (kWh) of solar energy generate by an eligible solar renewable energy system.  SRECs can be bought, sold, or traded on the open market. 

 

With electricity generated by the solar panels, the economic benefit is to reduce the amount to be paid to the Light Department.  According to the attached analysis, the project will ‘break-even’ after the ninth year of operation.  Systems like this are expected to operate for 20 years or more.  Assuming the annual revenue streams remain the same, after 20 years, the project will have generated over $73,000 in excess of the cost.

 

Chairman Renzoni asked if anything had changed with the Mountview project.

 

Ms. Kelly stated that she would hesitate to answer the question but would direct the Mountview Building Committee to provide those answers.

 

Chairman Renzoni asked for Mr. Robinson to weigh in on the matter as well. 

 

Sel. Ferguson stated that they should put pressure on the school district.  He said he did not know if the Town is locked into a vendor however because the Town bought the system, they could possibly rent the roof space and give the district straight discount.

 

Ms. Kelly stated that she does not think the Town will use a third party.

 

Sel. Lavigne replied that he didn’t think it was possible to do that based on the credits they received.

 

Chairman Renzoni asked to invite the Committee in to answer the questions. 

 

Sel. Ferguson stated that he felt there was support from the Board regarding the Mountview project that if there was economic value, it should becomes a part of the Holden Light Department not the school district.  Sel. Ferguson stated he wanted the SRECs to stay with the light department. 

 

Sel. Lavigne stated that he did not believe it goes to the school district.  He stated that his understanding of it is that the power goes in the grid, gets put into SRECs, and gets packaged and sold on the market.  From there, he believed the Town gets a proportionate fee from the sale and it goes into the HMLD operating budget. 

 

Chairman Renzoni asked to wait for the Committee to come in and get official answers to these questions.  Ms. Kelly agreed.

 

Sel. Ferguson stated that the Town was in a unique situation being under the flag of the Holden Light Department.  He stated that he didn’t want to be forced to buy energy on the spike days. 

 

Chairman Renzoni asked Ms. Kelly to speak with the light department and the committee and get back to the Board.

 

6) Ch 61A Hearing- River Street, Riley LLC *Guidelines for Review of Chapter 61 Notices

 

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

 

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

 

Chairman Renzoni called a one minute recess to allow Ag Com time to set up at 7:17PM. 

 

Meeting called back to order at 7:19PM.

 

Mr. Jim Dunn on behalf of the Agricultural Commission (Ag Com) was present.  He stated that he came before the Board to establish a process that could review this land more thoroughly.

 

Sel. Lavigne reentered the meeting at 7:20PM.   (Exited the meeting during the brief recess).

 

Mr. Dunn told the Board that they had drafted letters to all the Boards and Committees and asked them to view the parcel from their point of view.  He stated that letters went out to all the abutters as well to inform them. 

The results from the Boards and Commissions were as follows:

            Planning Board:          No interest

            Con Com:                    No interest

            ZBA:                           Did not receive letter

            Board of Assessors:    Did not review

            Ag Com:                     No interest

            Hist. Com:                   No Quorum

            Master Plan Imp:         Does not meet

 

Mr. Dunn stated that there was no interest in the Town exercising the first right of refusal and that the Ag Com recommendation as the process coordinator was that the Town not exercise or transfer its rights of first refusal on proposed River Street property.

 

Mr. Dunn stated that he thought the process would happen quicker and that they needed a bigger sense of urgency to make sure to meet the deadlines in the future.

 

Chairman Renzoni stated that the public hearing was still open and asked if anyone wished to speak. No members of the public stepped forward.  The Board had no questions.

 

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

 

Motion by Sel. O’Brien, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO DECLINE TO EXERCISE THE FIRST RIGHT OF REFUSAL ON RIVER STREET PROPERTY.

 

Sel. O’Brien stated that he believed these types of land sales were going to rise in importance and he thanked Mr. Dunn and the Ag Com for looking at the process and creating uniformity within it. 

 

Chairman Renzoni thanked the Ag Com as well and asked them to speak about the process.

 

Sel. Ferguson stated that he was happy with the process and it was going the distance the law required.  He thanked Mr. Dunn, Ms. Cummings, and Ag Com for making it an easier process.

 

Chairman Renzoni stated that he didn’t think the Board needed to establish a policy but he did think they should adopt the process with the understanding that it needed to continue to be worked on.

 

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ADOPT THE 61A PROCESS AS PRESENTED.

 

7) Follow Up on Citizen’s Address

 

Sel. Lavigne stated that Mr. Horowitz had come up three times in the past few months and stated that he did not want to be followed out of the meeting by a selectman.  Ms. Maureen Florian had also spoke and stated that she appreciated the presence of the officers.  Sel. Lavigne stated that the answer to the question is that police detail comes out of police budget.   He stated that it is his opinion that an officer is needed because there have been complaints of people being followed out of the meeting. 

 

Sel. Ferguson stated that he has been complaining for some time about the police officer presence. 

 

Sel. Lavigne interupted.

 

Sel. Ferguson asked if he could finish.

 

Chairman Renzoni stated that Sel. Ferguson was still recognized.

 

Sel. Ferguson stated that the Board of Selectmen are the overseers of the budget and the Town Manager and thus the police.  He stated if a citizen needed the police, they call 911 the police are not just there.  Sel. Ferguson stated that if there was some sort of event that required the police presence it seemed to be undocumented and that now that election season is here it seems to be a game of innuendo.  He stated that they were pretending there was an issue but he had never seen anything that would require the police.  Sel. Ferguson stated that perhaps the police officer would be better used to survey the area or do other police work rather serve a political purpose.  Sel. Ferguson stated that he believed it was dirty gamesmanship and that tax payers money was used to do it.  He asked to see a police report or complaint that was filed.  

 

Chairman Renzoni stated he wanted to clear this matter up for the last time.

 

Sel. Ferguson replied that it wasn’t for the last time.

 

Chairman Renzoni gaveled. 

 

Sel. Ferguson pounded his fists on the table.

 

Chairman Renzoni stated that Mr. Horowitz came to a Board meeting about a month ago and was followed out the door by Sel. Ferguson.

 

Sel. Ferguson questioned that he followed Mr. Horowitz out the door.

 

Chairman Renzoni stated that if Sel. Ferguson had a problem with the police presence to reach out to the Town Manager Police Chief directly.  If there was an issue with the Police Chief, he suggested that Sel. Ferguson could reach out to Ms. Kelly as the overseer of that position.   He stated that the Selectmen do not dispatch police and are not de facto police commissioners.

 

Sel. Ferguson interrupted and told Chairman Renzoni to beat him in the ballot box fair and square. 

 

Chairman Renzoni gaveled Sel. Ferguson.

 

Sel. Ferguson continued to speak.

 

Sel. O’Brien asked to move forward.

 

Chairman Renzoni told Sel. Ferguson he was out of line.

 

Sel. Ferguson continued to speak.

 

Chairman Renzoni called a one minute recess at 7:38PM.

 

Chairman Renzoni called the meeting back to order at 7:39PM.

 

Chairman Renzoni stated he wanted to move the meeting along.

 

Sel. Ferguson stated that he wished to speak about the police.

 

Chairman Renzoni stated that Sel. Lavigne was recognized.

 

Sel. Lavigne stated that Sel. Ferguson’s direct actions

 

Sel. Ferguson interrupted Sel. Lavigne.

 

Chairman Renzoni gaveled.

 

Sel. Lavigne stated that he was the one that Sel. Ferguson threatened to meet out back behind Town Hall. 

 

Sel. Ferguson interrupted

 

Chairman Renzoni gaveled again.

 

Sel. Ferguson and Sel. Lavigne continued to go back and forth.

 

Chairman Renzoni called another recess at 7:41PM.

 

Chairman Renzoni called the meeting back to order at 7:42.

 

Chairman Renzoni closed Follow Up to Citizen Address

 

8) Vote to Open, Close, and Set Town Meeting Warrant

 

Ms. Kelly stated that the Town Meeting is coming up at Wachusett High School and that the Selectmen set the agenda at this time of year each year.  She stated that this year the list is the usual and routine items with the addition of three items: granting of utility easement behind Town Hall, Layout of River Street Bridge, and amendments to Sign by-laws.

 

Motion by Sel. O’Brien, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO OPEN THE TOWN MEETING WARANT ARTICLES.

 

Sel. Kurtz pointed out a discrepancy in the numbers.  Ms. Kelly apologized the Board corrected the numbers on their document.

 

Sel. Kurtz also stated that there was no warrant article to discuss the Creamer Property.  He stated that if there was no action taken at Town Meeting it will have to wait another year. 

 

Ms. Kelly replied that was not the case as it discussed and voted at last years Town Meeting (2014).

 

Sel. Lavigne asked if Ag Com was doing a warrant article on it.

 

Ms. Kelly replied that there was no need to do so; a portion of the property would be sold and a small piece retained for the existing parking lot and driveway and for school purposes.  

 

Sel. O’Brien stated that he wanted to see the Town hold the property and have the discussion at Town Meeting.  He stated he would like to have a place holder to see what the Town wished to do with the land as we are in a much better financial situation this year.  Sel. O’Brien stated that this item could generate some interest for Town Meeting and give people something to talk about.

 

Sel. Lavigne stated that he agreed it should be a warrant article.

 

Ms. Kelly replied that it was an authorization given to her, not a direction.

 

Sel. Lavigne replied that the spirit was going back years, to offset costs.  He stated that he believed there is an opportunity that was not present before and that the property was not the Selectmen’s property or the Town Manager’s property, it was the Communities property and perhaps some sort of hybrid could be done.

 

Chairman Renzoni stated that under the current authorization the Town Manager could sell a portion of the property.  He stated that they were giving Ag Com the opportunity to come up with an alternative use for the land to present it.

 

Mr. Madaus stated that the land was acquired for municipal purposes and the article was for the sale of the property.  He stated that it was merely an authorization to sell so it could sit out there and there was no requirement or timeframe to do so.

 

Chairman Renzoni stated that if the Board thinks there is a better use of the property then they should take a vote as a Board to come up with a plan and encourage the Town Manager to use the plan suggested by the Selectmen.

 

Sel. O’Brien stated that he thinks that it should be a discussion at Town Meeting and it should be put on the Town Meeting to encourage people to show up.

 

Sel. Lavigne stated that it wouldn’t hurt to have it on the agenda for Town Meeting.

 

Ms. Kelly replied that she doesn’t know what the Board would put on as the agenda item for Town Meeting as she has authorization to dispose of a portion of the property.  She stated that if the Board wanted to rescind the item, then it would not be available for sale. 

 

Chairman Renzoni stated that he did not think that the warrant article should be rescinded.  He stated there was always a plan to retain some of the land and if it was rescinded the Town Manager could not sell any of the land.

 

Sel. Ferguson stated he was against setting the warrant article for Town Meeting.  He said this item goes back to the public safety building that failed twice.  He stated that through brainstorming efforts the Recreation Department moved to that building and agreed to sell the other property.  Sel. Ferguson stated that the spirit remained alive to sell the property and use to proceeds to lessen the impact of the project.  He stated that the warrant article mentioned three parcels in its entirety.   He stated it did not have the words “act or do there to” and that the direction was clear and concise; sell the property.  Sel. Ferguson stated that they were not doing what the people at the Town Meeting directed them to do.  He stated this is why people do not attend Town Meeting.

 

Sel. Lavigne replied that he was the one who originally suggested waiting until spring and he had zero agenda for the community garden.

 

Sel. O’Brien replied that he did not say to use the property for a community garden; he just did not want the Town Manager to sell it.

 

Chairman Renzoni stated the Sel. Ferguson objected to the warrant article, Sel. O’Brien wished to retain the property and the rest of the Board stated they were going to give the Town Manager time regarding the property.  He stated this does not require Town Meeting. 

 

Sel. Lavigne stated that he didn’t see the harm in having a place holder for this matter at Town Meeting.  He stated that he was under the impression that the sale of the Creamer property was in lieu of the Police Station and that it should be the town’s decision. 

 

Ms. Kelly replied that Town Meeting was not the place for that discussion.  She stated that if the Board wished to rescind the previous article that is fine, however she currently has the authorization to do a variety of things with the property.  She stated that things evolve and that if the Board wants to develop an idea as to what the Town wants, they should go through the community process as she would not sell it out from underneath the community’s interest.   

 

Sel. Kurtz stated that he would put a motion to rescind the warrant article at Town Meeting and let the Town decide.

 

Sel. Kurtz stated that if Ms. Kelly decided not to it would be another whole year before the voters have the opportunity to voice their concerns.  He stated that it was almost shenanigans.

 

Ms. Kelly replied that she took issue with that word.  She stated that if the Board wanted to put something on for Town Meeting to rescind the sale it is fine with her. Currently, there is Town Meeting “authorization” to sell only.

 

Sel. Lavigne said that maybe it would be possible to sell a portion and retain another portion and have the best of both worlds.

 

Sel. O’Brien stated that he wanted to be clear that he had confidence in the Town Manager and he felt as though she keeps the community’s interests first while also ensuring fiscal responsibility.  Sel. O’Brien stated that when the original warrant article was set he was not a Selectman and he is against selling this property.  He stated that the whole justification to sell the land has changed and there is no need to sell the property.  Sel. O’Brien stated he did not want the property to become another subdivision in an already dense area. 

 

Sel. Lavigne stated it was not the Boards property but the Towns property.  He stated if the Town decided that they wanted to keep the property for recreational use, garden use, or whatever, it is their declaration.

 

Sel. Ferguson replied that he felt as though this was out of bounds.  He stated that Town Meeting was the highest court in the land.   He stated that the people weighed this issue already and decided that the property should be sold and now the Board of Selectmen wanted to rescind that decision.

 

Sel. Lavigne replied that was not what was said.

 

Chairman Renzoni gaveled Sel. Lavigne and told him to yield the floor.  

 

Chairman Renzoni told Sel. Ferguson that he was not the victim.

 

Sel. Ferguson replied that he was not the victim but that the people said what to do and the Board is not doing it.  

 

Sel. Lavigne interrupted.

 

Sel. Ferguson stated the Board wanted to rescind the warrant article.

 

Chairman Renzoni replied that there was nothing for the Board to rescind, it was simply the Board placing a warrant article for review at Town Meeting.

 

Sel. O’Brien suggested to allow the Town’s residents the opportunity to speak.  He stated that he was suggesting a placeholder, not taking away authorization.  Sel. O’Brien told Sel. Ferguson that he said the highest court in the land was Town Meeting unless Town Meeting approved something he (Sel. Ferguson) didn’t support, then Sel. Ferguson said that voters were the highest court in the land.  Sel. O’Brien stated that hardly anyone showed up to Town Meeting and Sel. Ferguson makes it sound as though there was a clear command.  Sel. O’Brien stated that the warrant article gave the Town Manager permission to do what she wants with the property and that Sel. Ferguson is acting as though the Selectmen want to change something.  He stated that all he is doing is trying to empower the people to have the discussion. 

 

Chairman Renzoni asked if there was any new discussion to add.

 

Sel. Ferguson stated that he felt as though Sel. O’Brien was trying to aggravate people to come to Town Meeting. 

 

Chairman Renzoni stated that Sel. O’Brien suggested adding a warrant article and he wanted to move the question.

 

Ms. Kelly stated that if the Board was going to put this item on at Town Meeting, it needed to be worded in a less confusing manner.

 

Chairman Renzoni stated that he was voting against this and he encouraged the rest of the Board to as well.  He stated the Town Manager had not proposed anything with this property yet and that the Board should allow her to manage.

 

Ms. Kelly replied that there was no time limit set forth in the warrant article. 

 

Sel. Kurtz read the warrant article.  He stated that he believed the map shaved off a portion of the property. 

 

Ms. Kelly replied that it was just a sketch.  She stated that the parking lot, driveway and land on school property would be divided. 

 

Sel. Kurtz stated that he would like for this item to go to Town Meeting as times change.  He stated that it is not required to say what the use would be for, it would simply take away the authorization to sell.

 

Sel. Lavigne stated that he is not sure if he is for it or against it but that there is some new information and that it is the peoples property to decide.

 

Sel. Ferguson stated that he couldn’t believe that the Board is going to revisit this item.  He stated that this is a slap in the face of democracy. 

 

Chairman Renzoni replied that rescinding was not the motion.

 

Sel. O’Brien stated that it was in the best interest of the Town to have people come to the meeting.  He stated that when article 28 was voted on last year, many people had already left the meeting.

 

Chairman Renzoni clarified that the wording was a little confusing but that the Board was not voting to rescind the item, they were voting to put the item on for Town Meeting.

 

Motion by Sel. O’Brien, seconded by Sel. Lavigne, it was VOTED TO ADD ARTICLE 29 TO THE WARRANT ARTICLES FOR THE 2015 ANNUAL TOWN MEETING:  RESCISION OF AUTHORIZATION AS VOTED FROM ARTICLE 28 FROM 2014 TOWN MEETING BY A VOTE OF 3-2 (Lavigne: yes; Kurtz: yes; O’Brien: yes; Ferguson: no; Renzoni: no).

 

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 1-5 FOR THE 2015 ANNUAL TOWN MEETING AS PRESENTED.

 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 6-1 THROUGH 14 FOR THE 2015 ANNUAL TOWN MEETING AS PRESENTED.

 

Sel. Ferguson stated that he did have a question regarding item 15.

 

Sel. Lavigne asked if they were wording number 15 in a manner in which they were getting pricing back under 25K.  He stated he wanted to be able to go back to the district for a payment  plan as the Town always stepped up to pay their fair share.

 

Ms. Kelly replied that something could be included in the motion, not the article

 

Sel. Ferguson stated that he really expected the district to pay for this item.

 

Motion by Sel. O’Brien, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE 15 FOR THE 2015 ANNUAL TOWN MEETING.

 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 16-25 FOR THE 2015 ANNUAL TOWN MEETING AS PRESENTED. 

 

Sel. O’Brien stated that he was reviewing the maps of the easements and it looked as though it was going over the library property and under the pavement of Town Hall.  He asked if Ms. Kelly was okay with that.

 

Ms. Kelly replied that it was just a small corner of Town property.

 

Sel. O’Brien stated that they were only requiring $1 million for liability insurance, he suggested having the contractor carry higher liability insurance.  He also stated that the work should not be allowed to be done after the parking lot has been paved, it should be done before and they should have to do flowable fill area which was originally waived as a special condition. 

 

Chairman Renzoni asked to get some answers to Sel. O’Brien’s questions; but he asked if there was any opposition in setting the warrant article.   

 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 26-29 FOR THE 2015 ANNUAL TOWN MEETING.

 

Sel. Lavigne stated he had some questions on the sign by laws but that he would send them to Ms. Kelly. 

 

Mr. Madaus stated that the terms of the easements were not covered in the warrant articles.  He stated that the conditions would be covered in the easements, not on the Town Meeting floor.

 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO CLOSE THE SETTING OF THE 2015 TOWN MEETING WARRANT ARTICLES.

 

  1. Town Manager’s Performance Review

 

Chairman Renzoni made an edit to the review: Page 3, Item 8 should be “while maintaining” 

 

Chairman Renzoni thanked the board for their input.  He stated that he summarized all of the review from the Board members and it is safe to say that Ms. Kelly’s performance exceeded expectations.  Chairman Renzoni stated that all of Ms. Kelly’s assessments were part of her permanent record. 

 

A motion was made by Sel. Lavigne and seconded by Sel. O’Brien.  Chairman Renzoni opened the item up for discussion.

 

Sel. O’Brien stated that it was a pleasure to be a Selectman while Ms. Kelly has been manager and that he is happy that the Board had successfully extended Ms. Kelly’s contract. 

 

Sel. Lavigne agreed with Sel. O’Brien.  He commended Chairman Renzoni and Sel. Kurtz for the report and stated that he looked forward to working together.

 

Chairman Renzoni stated that good years don’t just happen; it was the Town Managers performance that allowed her to decrease the tax rate in her proposal.

 

 Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO APPROVE AND PRESENT THE TOWN MANAGER WITH HER PERFORMANCE REVIEW BY A VOTE OF 4-1 (Lavigne: yes; Kurtz: yes; Renzoni: yes; O’Brien: yes; Ferguson: no). 

 

Ms. Kelly thanked the Board in addition to her team of professional staff. 

 

Sel. Ferguson asked where the Board went from here.

 

Chairman Renzoni stated they were contractually required to enter into negotiations for an annual pay increase.  He stated that anything they do more than 1% would require an Executive Session in order to discuss strategy.

 

Sel. Ferguson stated that he is against any pay raise.

 

Chairman Renzoni gaveled Sel. Ferguson and stated that Executive Session material would be released after approval. 

 

  1. Vote intention to Lay Out and Refer to the Planning Board

·January Lane

Motion by Sel. Kurtz, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO LAY OUT AND REFER TO THE PLANNING BOARD JANUARY LANE AS PRESENTED.

 

·Hayfield Lane

·Wagner Lane

·Preservation Lane

 

Ms. Kelly stated that this was the first step before Town Meeting in order for the Town to accept the roadways as public ways.  She stated a lot happens from here, Planning Board review, engineering review, notices to be sent to abutters, etc.

 

Motion by Sel. Kurtz, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO LAY OUT AND REFER TO THE PLANNING BOARD HAYFIELD LANE, WAGNER LANE AND PRESERVATION LANE AS PRESENTED. 

 

  1. Vote Intention to Lay Out a Portion of River Street Across Quinapoxet River Bridge/ Refer to Planning Board

 

Ms. Kelly stated that the Board was only laying out the portion of the street that crosses the bridge and that the Department of Transportation required the Town to do so. 

 

A motion was made by Sel. Lavigne and seconded by Sel. Kurtz.

 

Sel. Ferguson stated that he would like to have the Planning Boards policy on sidewalks on both sides of the streets. 

 

Chairman Renzoni stated that the sidewalks were not part of the motion and could be discussed elsewhere.

 

Sel. O’Brien stated that he did not want to interfere with the process of moving forward and that they wanted to get the layout set.  He stated that River Street was a lightly traveled road.

 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO SCHEDULE FOR ITS MEETING ON APRIL 27, 2015 AN INTENTION TO RELOCATE, ALTER AND LAYOUT AS A TOWN WAY A PORTION OF RIVER STREET, OVER AND ACROSS A NEW BRIDGE TO BE CONSTRUCTED OVER THE QUINAPOXET RIVER TO HARRIS STREET, SAID RELOCATIONS, ALTERTION AND LAYOUT BEING NECESSARY FOR THE PURPOSES OF FACILITATING A PROJECT OF THE MA DEPARTMETN OF TRANSPORTATION TO REPLACE THE EXISTING BRIDGE SERVING RIVER STREET, AS SHOWN ON A PLAN PREPARED BY C & C CONSULTING ENGINEERS, LLC AND DATED APRIL 3, 2015, AND TO REFER THE PROPSED RELOCATION, ALTERNATION AND LAYOUT OF RIVER STERET TO THE PLANNING BOARD FOR A REPORT, IN ACCORDANCE WITH THE REQURIED OF MGL. c. 41, SECTION 811 BY A VOTE OF 4-0-1 (Ferguson: abstain). 

 

Town Manager Update Cont.

 

  1. Monthly Reports- Department of Public Works:  Ms. Kelly attached the DPW Monthly Reports prepared by Director John Woodsmall for January 2015 and February 2015. 
  2. Spring Composting:  Composting and Brush Chipping is scheduled on five consecutive Saturdays beginning April 18th: April 18, 2015, April 25, 2015, May 2, 1015, May 9, 2015, and May 16, 2015

 

Leaves and grass clippings will be accepted from Holden Residents at the Composting Facility at 560 River Street.  Brush should be brought to the Adams Road garage only due to Asian Longhorn Beetle regulations.  The composting and chipping is scheduled from 8AM to 2:30PM on these dates, weather permitting.  More information can be found on the Town website.

 

  1. Cemetery Perpetual Care Funds:  The DPW requested the use of $6,000 from the Cemetery Perpetual Care Fund for the purchase of 1) heavy duty ground protection mats, 2) a new lowering device, 3) a set of bordering ‘grass’ fabric, and 4) a casket church truck.  A memorandum with further details in included for review.  The Perpetual Care Fund may be used for items that preserve the plots, grounds, walks, roadways, boundaries, and structures on the Cemetery grounds, with Selectmen authorization.  Currently, there is approximately $222,000 available for expenditure from the Fund.  The Town Manager recommended that the Selectmen vote to authorize her to use $6,000 in the fund for the above items.

 

Chairman Renzoni asked how the fund was replenished.  Ms. Kelly replied when a plot is bought a portion goes into this fund.

 

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO AUTHORIZE THE USE OF THE $6,000 FROM THE CEMETERY PERPETUAL CARE FUND FOR THE ITEMS LISTED ABOVE BY A VOTE OF 4-0-1.  (Sel. Ferguson: abstain).

 

  1. Winter Recovery Assistance Program (WRAP):  The Town has received $91,964 for roadway repairs resulting from this year’s harsh winter weather.  The funds must be used for qualified work by the end of June 2015.  A letter from Stephanie Pollack, Secretary and Chief Executive Officer of MA Department of Transportation, was include for the Boards review.  Ms. Kelly also attached a list of all WRAP grants apportioned throughout the Commonwealth.
  2. Y-T-D Expenditure and Revenue Reports:  Ms. Kelly attached the February 2015 Year-to-Date Expenditure and Revenue reports for information.  These reports are prepared by Lori Rose, Town Accountant.

 

 

12) Discussion of Police Report to Selectmen

 

Chairman Renzoni stated that three members wanted to have this discussion.  He stated that this would be for Ms. Kelly to produce a report similar to the water/ sewer reports she provides the Board with.

 

Sel. Lavigne stated that he was in favor of this but that he wanted to be specific in what the Board wanted.  He stated that he would like trends/ analysis, new police, promotions, Call time responses and things of that nature.

 

Sel. O’Brien agreed and stated that he thought it would be good to have that information.  He stated that it is not an effort to undermine anyone’s authority but to allow him to speak about what is going on within the department.

 

Sel. Lavigne agreed that he was just looking for a summary, that he was not asking for the Chief’s to come in to answer to the Board.

 

Chairman Renzoni stated that this was a lot different from water/ sewer or lights because the Selectmen are not commissioners of public safety.  He stated he was not opposed to this but that it needed to be approached carefully as Selectmen were not a direct role in these matters.

 

Sel. Lavigne replied that the Board gets updates from DPW.  He said that he is not looking for details, but rather numbers, statistics, trends, and what is going on in the departments. 

 

Chairman Renzoni stated that without objection the Board would ask Ms. Kelly to begin this process.

 

Sel. Ferguson stated that he wanted to know the real stuff that was occurring.  He stated that he wants to know things such as is there an upward trend in violent crimes, more information on gangs in Town, and he wouldn’t mind having the Chief’s come in to the meetings from time to time.  Sel. Ferguson stated that people should know what is going on in Town.

 

Chairman Renzoni cautioned that this was a slippery slope and now Sel. Ferguson was talking about law enforcement strategy which was not the Selectmen’s business.

 

Sel. Ferguson asked if it wasn’t their business.  He stated that with more information the Board could approach Fin Com and have more money allocated towards different public safety things.  He stated that they needed a report to see what was going on. 

 

Sel. O’Brien suggested giving the Town Manager time to work on a report and see what she comes up with. 

 

Chairman Renzoni asked if there were any objections to this; there were none.

 

Ms. Kelly stated she would work on it.  She also added that March 1, 2015 was the new chief’s one year anniversary with the Town.  She stated that when she had hired him a year ago there was a lot of controversy surrounding his hire from Sel. Ferguson and that she wanted to say that she used the best process and she is proud to say Chief Armstrong is a fine leader who is highly qualified and has a reputation above reproach. 

 

Chairman Renzoni stated that Chief Armstrong always had an open microphone at the Selectmen meetings. 

 

  1. Selectmen Subcommittees

 

Sel. Lavigne: none

 

Sel. Kurtz:  The next FinCom Budget is meeting on Wednesday, April 8, 2015.  

 

Memorial Day Parade will be meeting on Thursday, April 9, 2015 and they will be announcing some changes to the parade.  The parade will be one direction, starting at the old police station and marching to the center of Town ending up in the Common with a band playing.

 

275th Celebration Committee will have its kick off meeting April 5, 2015

 

Sel. O’Brien: none

 

Chairman Renzoni:  Ag Com met last Monday, March 20, 2015 and they discussed the community garden.  They are going to have a public meeting on this soon.  Ag Com is adding a Facebook page as well.

 

Sel. Kurtz asked if all Town committees and departments were linked from the Town’s website

 

Ms. Kelly replied that most were but that if someone was having trouble locating anything they could contact the Town Managers office for assistance.

 

  1. Selectmen Minutes

 

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO APPROVE THE MARCH 16, 2015 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED BY A VOTE OF 3-1-1(Lavigne: yes; Renzoni: yes; O’Brien: yes; Ferguson: no; Kurtz: abstain).

 

  1. Future Agenda Items

 

No future agenda items were presented

 

  1. Selectmen Two-Minute Speeches

 

Sel. O’Brien stated that there was a memo from the Fire Department and that they were doing great stuff with their new facility.  He stated that he was concerned with the ambulance transition but that the ambulance service was able to almost cover the cost in addition with duty personnel new covering the Town, response calls are faster.

 

Sel. O’Brien stated this was great news and is a big deal to anyone that had health issues or has needed an ambulance.

 

Chairman Renzoni gaveled Sel. O’Brien for time.  He offered his time to Sel. O’Brien. 

 

Sel. O’Brien declined it.

 

Sel. Kurtz declined his two minutes.

 

Sel. Lavigne stated that the Chamber of Commerce is hosting an event on April 23, 2015.  he stated that there were three seats available for the Wachusett School District Committee and he hopes some people will run and not have the Selectmen appoint someone.  He stated that there is so much work that gets done and he hopes that WRSD will revisit downsizing the committee.

 

Sel. Ferguson stated he had two things; the RFP for the sale of the recreation property, but that had been spoken about at length. The other was a special salute to Danny McCauley.  He stated that Mr. McCauley had a big heart and helped a lot of people along the way. 

 

Sel. Ferguson also stated that it was campaign season and that he stays away from innuendo and speaks about ideas and moving the Town forward.

 

Chairman Renzoni asked Sel. Ferguson to refrain from speaking about campaigning and politics. 

 

Sel. Ferguson responded that he would not and that he could use his two minute speech however he saw fit.

 

Chairman Renzoni gaveled Sel. Ferguson.

 

Sel. Ferguson continued to speak.

 

Chairman Renzoni gaveled Sel. Ferguson again.

 

Chairman Renzoni waived his two minute speech.

 

  1. Executive Session

 

Sel. Ferguson stated that he wanted to keep the Executive Session portion open to the public. 

 

Chairman Renzoni responded that they could not.

 

Motion by Sel. Lavigne seconded by Sel. Kurtz, it was VOTED TO ENTER INTO EXECUTIVE SESSION –(1) PER MGL. c. 30A SECTION 21(a), no. 2: TO CONDUCT STRATEGY SESSIONS IN PREPARATION FOR NEGOTIAONS WITH NON-UNION PERSONNEL/ THE TOWN MANAGER AND TO CONDUCT CONTRACT NEGOTIATIONS WITH NON-UNION PERSONNEL/ THE TOWN MANAGER AND TO REENTER REGULAR SESSION FOR THE SOLE PURPOSE OF ADJOURNMENT BY A VOTE OF 4-1.  (Lavigne: yes; Kurtz: yes; Renzoni: yes; O’Brien: yes; Ferguson: no).

 

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO ADJOURN THE APRIL 6, 2015 BOARD OF SELECTMEN MEETING AT 10:07 PM BY A VOTE OF 4-0.  (Ferguson: not present).

 

 

APPROVED: _May 4, 2015 as amended___________