Board of Selectmen, August 12, 2013
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
AUGUST 12, 2013
6:30PM Senior Center
Present: Chairman Robert Lavigne, Anthony Renzoni, Kenneth Lipka,
Mark Ferguson, Jeremy Kurtz
Others Present: Jacquie Kelly, Town Manager
Stephen Madaus, Town Counsel
Elizabeth Helder, Recording Secretary
Chairman Lavigne called the meeting to order at 5:30PM in order for the Board to move into Executive Session.
1 Recess to Executive Session
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION AT 5:30PM TO DISCUSS STRATEGY WITH RESPECT TO PENDING LITIGATION WHERE AN OPEN MEETING WOULD HAVE A DETRIMENTAL EFFECT ON THE TOWN’S LITIGATING POSITION AND RETURN TO REGULAR SESSION FOR THE REGULAR MEETING. ROLL CALL: RENZONI: YES; LIPKA: YES; FERGUSON: YES; KURTZ: YES; LAVIGNE: YES.
Chairman Lavigne reopened the Regular Meeting at 6:30PM. The Board participated in the Pledge of Allegiance. Chairman Lavigne announced that the Board had opened the meeting at 5:30PM and entered into Executive Session to discuss strategy with respect to pending litigation where an open meeting would have a detrimental effect on the Town’s litigating position.
2 Licenses and Appointments
The Board reviewed the application of Kimberly Lynch for the position of Constable in town. Sel. Renzoni requested that the Selectmen table the discussion of the approval of the application until Agenda Item #7.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE LIST OF ANNUAL APPOINTMENTS OF THE ELECTION OFFICERS AS SUBMITTED BY THE REPUBLICAN AND DEMOCRATIC TOWN COMMITTEES AS SUBMITTED TO THE TOWN CLERK’S OFFICE AS PRESENTED. THE TERM OF THE APPOINTMENT RUNS FROM SEPTEMBER 1, 2013 TO AUGUST 31, 2014.
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO BARRY TUPPER ON BEHALF OF CUB SCOUT PACK 46 FOR A SNACK SHACK FOR SATURDAYS, AUGUST 22, 2013 THROUGH NOVEMBER 2, 2013 FROM 10AM – 3PM AS PRESENTED.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ALLOW THE TOWN MANAGER TO APPROVE LICENSES FOR HOLDEN DAYS AS PRESENTED.
3 Starbard Scholarship Recipients
The Board of Selectmen presented two, $600.00 checks to the recipients of the 2013 Starbard Scholarship. Mr. Ian Roche, a sophomore majoring in Economics and History major said he planned a long-term goal of a career in politics. Ms. Sarah Gross, a senior majoring in History and Economics, interned at Congressman McGovern’s office this summer.
4 Update on Light Department Activities – James Robinson, HMLD Manager
Mr. Jim Robinson, Light Department Manager, updated the Board on the Town’s electric sales and power supply, a rate reduction, and efforts on implementing a transmission interconnection. He reported that the Town had a new all-time peak set on July 18th. A peak of 23.8MW was achieved during that week’s heat wave. Mr. Robinson said that the electric deliveries to date are 7% ahead of last year. The anticipated growth for 2013 was .5%. A future transmission rate reduction will be forthcoming due to a litigation settlement filed two years ago. Mr. Robinson said that the three town-wide outages in the last 4 years were due to tree contacts. Options to improve reliability include improving the Town’s tree trimming program and adding a new interconnection, which is a complicated and expensive process. He said he estimates that approximately 4-6 miles of transmission line would need to be installed either by National Grid or by the Town at a cost of $15-25 million. He reported that National Grid is in the process of clearing its right of way through Town. He said National Grid’s current trimming cycle is every 10 years. Mr. Robinson said he would try to shorten this time frame to every 6 years. Mr. Robinson also reviewed the power contracts in place through 2017. He said he was in the process of reviewing whether to request increasing his purchasing authority from the Board.
Mr. Robinson’ presentation was interrupted at 7:03PM for Citizens’ Address.
5 Citizens’ Address
Ms. Maureen Floryan, Sterling Road, asked that the Board of Selectmen not reinterpret the words she uses during Citizens’ Address. She referred to her recent public speaking where she simply had asked if the police presence was indicative of a return to the bad old days of BOS meetings. Police presence has occurred during Board meetings in previous years. She spoke to a letter sent to the OCPF 10-years ago that another Holden resident continues to bring up during Citizens’ Address.
6 Proposed Dog Licenses Fee Increase Hearing
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING AT 7:10PM.
The Chair invited anyone from the public to speak to the subject. No one came forward to address the Board.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 7:11PM.
Town Manager Kelly spoke to the increase in the dog license fees. She said new State legislation requires owners of intact dogs to pay a higher license fee that dogs that are neutered. The annual license fee for neutered dogs would remain the same. The Town is recommending that the license fee for intact dogs be increased by $5.
Motion by Sel. Renzoni, seconded by Sel. Lipka the Selectmen proposed to adopt the dog license fee schedule as presented by the administration.
Sel. Ferguson said he was opposed to any rate or fee increases in Town. There should be no penalties to owning a dog. He suggested a $1 increase between a neutered and an intact dog. He said the Town Clerk’s budget was set without this proposed fee increase.
Sel. Renzoni said he was willing to make an amendment to increase the fee for an intact animal by $1. Sel. Ferguson seconded the amendment.
Town Manager Kelly said that State law requires a fee difference between intact and non-intact dogs.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-1 WITH 1 OPPOSED TO ADJUST THE LICENSE FEE FOR INTACT DOGS FROM $20 TO $21.00 BASED ON ADDING $1 FOR INTACT DOGS TO COMPLY WITH STATE LAW. (OPPOSED: FERGUSON).
The Board reopened the HMLD update at 7:24PM.
4 Update on Light Department Activities – James Robinson, HMLD Manager
Mr. Robinson answered several questions that arose from the MMWEC contract approved by the Board at its July 15th meeting. Sel. Renzoni requested a power point presentation of the power supply contracts.
Sel. Renzoni left the meeting at 7:30PM.
Sel. Ferguson asked if there were any other line elevations or land takings or rights of way that could help the HMLD prepare for a future natural disaster. Mr. Robinson said that this was dialogue that he was continuing to have with National Grid.
Mr. Robinson and the Board reviewed a Customer Update Newsletter that will be sent to all HMLD customers in their August bills. Mr. Robinson highlighted that effective August 1, 2013, the PCA rate was reduced by $.0025 cents per KWH for all customers. Additionally, the HMLD will implement a new paperless billing option and additional online payment features this fall.
The Selectmen thanked Mr. Robinson for his comprehensive and always informative presentations.
7 Constable Application Fees
The Board and the Town Manager reviewed the duties of a Constable, who serves court papers to residents. You do not have to be a Holden resident to become a Constable in Holden and the Town is entitled to 25% of any fees collected by a Constable. Ms. Kelly reported that the Town has received one $50 check from a Constable since 2006. There are currently 3 Constables serving in Holden.
Several Selectmen questioned the need of having so many Constables in Town. Additionally, several Selectmen said it seemed that many of these fees are not being reported to the Town and that fraud is being committed.
Attorney Madaus read the Constable statute into record. A Constable is required to file a sworn statement with the Town Clerk’s office annually to itemize their work in Town. Ms. Kelly suggested that the Town could do more extensive background checks on these individuals.
Sel. Lipka said he supported the proposed application fees for Constables in Holden. Sel. Kurtz said that Constables should have to apply for a business permit that is renewable annually. Sel. Renzoni said that the proposed fees are reasonable in terms of the work required by the Police Department to investigate and vet these individuals. He said he was not opposed to these fees in order to covers these costs. He said he has concerns regarding the process of approving so many constables in Town.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was 3-2 WITH 2 OPPOSED TO ADOPT THE PROPOSED CONSTABLE FEE SCHEDULE AS PRESENTED BY THE ADMINISTRATION. (OPPOSED: KURTZ, FERGUSON.)
Sel. Ferguson said he had opposed the fees because he opposed all fee increases in Town. However, he did agree with Sel. Renzoni’s concerns regarding the number of constables serving in Town. Additionally, he said any Constable should notify the police department when they are working in Town.
Sel. Renzoni requested that the Board seek the opinion of Chief Sherrill regarding these two issues.
Ms. Kelly said that currently, none of the Constables serving in Holden had filed the appropriate paperwork/sworn statements with the Town.
Sel. Renzoni said he would not reappoint any of the current Constables until they were current with their paperwork. Additionally, all individuals applying to be a Constable in town must appear before the Selectmen for an interview.
The Board discussed the appointment of Ms. Lynch as a Constable in town.
Chairman Lavigne said that he would oppose any motion to approve Ms. Lynch’s application. He said Ms. Lynch did not even bother to attend the meeting for appointment and he would not appoint her.
Sel. Renzoni asked the Administration to send a letter to Ms. Lynch and invite her to the next Selectmen’s meeting in September to meet the Board. He encouraged the Board to vote to table the appointment.
Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was VOTED 4-1 WITH 1 OPPOSED TO TABLE THE APPOINTMENT OF MS. LYNCH AS A CONSTABLE IN HOLDEN UNTIL SEPTEMBER 3, 2013. (OPPOSED: FERGUSON.)
Sel. Ferguson asked the Administration to craft a policy as it pertains to appointing Constables in Town. Certain criteria should be examined including how many Constables the Town really needs to have working in Town and a better way to track reporting/fee collections.
8 Town Manager Miscellaneous
1 The Board reviewed the Selectmen’s Goals for 2014. The Board agreed to meet twice prior to a regularly scheduled Selectmen’s meeting at the last meeting in September and the first meeting in October. Sel. Renzoni asked that the Finance Committee be involved in the meeting if one or more of the goals involve the budget.
1 Ms. Kelly reported that the Selectmen recently asked for a review of the status of the former Electronics Control Corporation (ECC) property located at 157 Princeton Street. The Board reviewed a detailed report and recommendation on the ECC property from Ms. Kelly. Sel. Ferguson commented that he would like the Town to seek grant money in order to conduct a clean-up of the hazardous materials on site. Sel. Kurtz inquired about the current value of the property. The Board agreed to discuss the item during the 2014 Goals meetings in Sept/Oct.
1 The Board reviewed a “Save-The-Date” flier that will be issued with the next utility bills.
1 The Town Manager announced that the last concerts to be held at the Holden Bandstand would be Sunday, August 11 and Sunday, August 18 from 6PM-8PM.
5 Town Manager Kelly reminded residents that Holden Days would be held on Saturday, August 24th from 9AM-3PM.
6 Tickets are still available to attend the Gale Free Gala being held on September 21, 2013 to celebrate the 125th anniversary of the Gale Free Library. The Gala will be held at Val’s Restaurant from 7PM-10PM and will include good food, entertainment and a silent and live auction. All proceeds will benefit the 125th Gale Free Endowment Fund. Tickets are available at the library or by calling 508-829-5460.
7 The Manager announced that Holden will conduct a Community Shredding Day on Saturday, September 21st from 9AM-Noon at the Senior Center parking lot.
7 Ms. Kelly reported that the town will once again participate in the Business Expo at the DCU Center on October 2, 2013. The Selectmen are invited to stop by or spend some time at the Town’s booth.
7 The Selectmen reviewed an updated Selectmen’s Meeting Schedule for September – December 2013.
7 Ms. Kelly reported that the Town Manager’s Office will advertise a RFP for sale of the former Police Station site. Sel. Ferguson requested that the town focus on sending the RFP to local banking institutions.
7 The Board reviewed a memo from Recreation Director Denise Morano in regards to registration for before and after school programs being offered through the Recreation Department. Each elementary school is licensed for 52 children. The program is currently sold out at Davis Hill for both AM and PM. Vacancies still exist at Mayo and Dawson. At the request of the Board, the Manager will investigate if bussing between schools is available for overflow purposes.
7 Ms. Kelly reported that according to the US Department of Interior, National Park Service has officially designated the Jefferson Mill as a ‘significant historic property’ within the Eaglesville Historic District. The historic district was designed in 2010. Both designations are critical elements in the redevelopment of the various properties in the district in that much of the exterior renovation is now eligible for substantial tax credits.
9 Selectmen Subcommittees
Sel. Lavigne: Winter Festival Committee: Reported that the Committee is looking at timing and corporate sponsorship.
Sel. Renzoni: Water/Sewer: Has not met.
Sel. Lipka:
Sel. Ferguson: Starbard Scholarship: Issued two scholarships.
Sel. Kurtz: EDC: Preparing for the Business Expo in October.
1 Selectmen Minutes
Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was VOTED 4-0-1 WITH 1 ABSTAINED TO APPROVE THE MEETING MINUTES OF JULY 15, 2013 AS PRESENTED. (ABSTAINED: LAVIGNE.)
1 Selectmen Miscellaneous
Sel. Ferguson: 1. Inquired if the Town had a new policy on the color the new DPW trucks; they used to be “safety yellow” and are now green. Why? Ms. Kelly stated that ordering town vehicles in a special color added to their delivery time and cost. She said that other town departments have also made a decision to order a “stock” color in order to save taxpayer money and time. HMLD trucks are now white instead of green and the Fire Chief recently bought a black SUV instead of special ordering a red one. Sel. Ferguson said he felt that “yellow” was a safety color that alerted the public to workers in the area. Sel. Renzoni said the town was saving money and it was not Board business to set a policy on the color of a vehicle.
2. Sel. Ferguson discussed converting Dawson School to natural gas. He said the District has refused to pay the $75,000 to convert the boiler to gas. He asked if the Town fronted the money, could an agreement be worked out where the Town would receive the profit as payback for its investment. Ms. Kelly said that the District’s refusal to convert was within the purview of the Superintendent. Chairman Lavigne suggested inviting the District’s Energy Specialist or the Superintendent to a future Board meeting to discuss the issue.
3. Sel. Ferguson commented that unaccounted for water is killing the town. He said the Town needed an aggressive plan to reduce unaccounted for water. Sel. Renzoni said that any plan costs money to implement. He said that since Sel. Ferguson won’t pay for rate increases, how does he expect to make these necessary repairs? You have to invest money in the system. You can’t have it both: a plan and no way to fund it.
Sel. Lavigne: 1. Attended the Gale Free Library’s 125th Birthday Party in June. He thanked Assistant Children’s Librarian Kim Challenger for decorating the library.
1 Follow Up to Citizens’ Address
Chairman Lavigne cautioned all Board members to not discuss situations where they were not in attendance.
1 Adjournment
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ADJOURN THE August 12, 2013 MEETING AT 8:53PM.
Approved: September 3, 2013