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Board of Selectmen, August 4, 2014

Meeting date: 
Monday, August 4, 2014

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

August 4, 2014

 

6:30 pm                                                                                                                                  Memorial Hall

 

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

 

Others Present:   Jacquelyn Kelly, Town Manager

  Peter Lukes, Assistant Town Manager

  Stephen Madaus, Town Counsel

               Elizabeth Fotos, Recording Secretary

 

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

 

  1. Appointments and Permits

 

Prior to the Board of Selectmen Meeting on August 4, 2014, the Board interviewed Prospective Members for the Historic District Commission, Jeff deValdivia and Nicholas Langhart, and the Zoning Board of Appeals, Robert Ricker. 

 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE APPOINT- MENT OF Mr. Jeff deValdivia TO THE HISTORIC DISTRICT COMMISSION  FOR A TERM EXPIRING 12/31/17 BY A VOTE OF 3-0.  Sel. Lavigne: yes, Sel. Kurtz: yes, Chairman Renzoni: yes; Sel. Ferguson: not present, Sel. O’Brien: not present.

 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE APPOINT-MENT OF Mr. Nicholas Langhart TO THE HISTORIC DISTRICT COMMISSION FOR A TERM EXPIRING 12/31/17 BY A VOTE OF 3-0.  Sel. Lavigne: yes, Sel. Kurtz: yes, Chairman Renzoni: yes, Sel. Ferguson: not present, Sel. O’Brien: not present. 

 

Motion by Sel. Lavigne, seconded by Sel. Kurz, it was VOTED TO APPROVE THE APPOINT-MENT OF Mr. Robert Ricker TO THE ZONING BOARD OF APPEALS FOR A TERM EXPIRING 5/31/15 BY A VOTE OF 4-0.  Sel. Lavigne: yes, Sel. Kurtz: yes, Chairman Renzoni: yes, Sel. Ferguson: yes, Sel. O’Brien: not present. 

 

Ms. Kelly presented the Board a list of proposed Election Officers that were submitted by the Republican and Democratic Town Committees, along with the names of unenrolled election officers submitted to the Town Clerk’s office. 

 

Motion by Sel. Ferguson, seconded by Sel. Lavigne, it was VOTED TO APPROVE THE ANNUAL APPOINTMENT OF ELECTION OFFICERS BY A VOTE OF 4-0 FOR THE TERM OF SEPTEMBER 1, 2014 TO AUGUST 31, 2015.  (Sel. O’Brien: not present). 

 

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was VOTED TO APPROVE A PERMIT FOR KELLY WILLIAMSON ON BEHALF OF BOSTON CHILDREN’S HOSPITAL FOR A PARADE ON SATURDAY, SEPTEMBER 13TH FROM 8:00AM TO 11:00AM BY A VOTE OF 4-0 (Sel. O’Brien: not present).

 

Sel. O’Brien entered meeting at 6:33PM.

 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO APPROVE A PERMIT FOR KATHARINE MILLS ON BEHLAF OF HOLDEN CROP WALK FOR A PARADE ON SUNDAY, OCTOBER 19TH FROM 1:30PM TO 4:30PM. 

 

Chairman Renzoni thanked all of the appointees for stepping forward.  Sel. O’Brien apologized for being late and thanked the applicants for their time and participation.

 

  1. Starbard Scholarship

 

Chairman Renzoni sent a memo to Sel. Ferguson detailing an issue that had come to light regarding the Starbard Scholarship and the composition of the subcommittees that had previously been established.  Chairman Renzoni stated that upon reviewing the Holden Board of Selectmen Handbook, “Appendix G” there was no language that allowed for a subcommittee to be established to advise the Board on Scholarship rewards. 

 

Chairman Renzoni indicated that he had spoken with the applicants and that there were two candidates, Meghan Bates and Kevin Murphy, who qualified for this scholarship and that it was a matter of the dollar amount that the Board wished to award.   

 

Chairman Renzoni asked Sel. Ferguson for his thoughts on the scholarship. 

 

Sel. Ferguson expressed his disagreement with Chairman Renzoni’s interpretation of the Board of Selectmen’s Handbook.  He stated that in the past the subcommittee members were able to sit down and interview the applicants and determine the amount of monies to be awarded.  He further said that he had yet to hear from Chairman Renzoni as to a time when they were able to do so. 

 

Mr. Stephen Madaus, Town Counsel entered the meeting at 6:37PM.

 

Motion by Sel. Renzoni, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO AWARD MEGHAN BATES AND KEVIN MURPHY EACH $600 OUT OF THE INTEREST AVAILABLE FOR THE STARBARD SCHOLARSHIP.

 

Sel. Ferguson asked if the Board needed to clear up anything on the Starbard Scholarship. 

Sel. Lavigne suggested that going forward the Board invites the applicants to a meeting for interview purposes. 

 

Chairman Renzoni verified the fact that yes, as a Board the subcommittee could be established but that the Chairman could not simply appoint the subcommittee and that was where the issue lay. 

  1. Selectmen Minutes

 

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE JUNE 16, 2014 MEETING MINUTES CHANGING THE WORD FROM “RESPONSIVE” TO “RESPONSIBLE” IN THE THIRD PARAGRAPH ON PAGE 3 OF THE MEETING NOTES.  

 

Motion by Sel. Kurtz, seconded by Sel. Ferguson, it was VOTED TO APPROVE THE JUNE 19TH MEETING MINUTES AS PRESENTED BY A VOTE OF 3-0-2.  (Sel. Lavigne abstained, Sel. O’Brien abstained). 

 

  1. Public Hearing – Restaurant All Alcoholic Beverages License

                  d/b/a Kyoto of Holden, 695 Main Street

 

Motion by Sel. Lavigne, seconded by Sel. Ferguson it was UNANIMOUSLY VOTED TO OPEN PUBLIC HEARING IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 138 OF THE GENERAL LAWS AS AMENDED, THE BOARD OF SELECTMEN WILL HOLD A PUBLIC HEARING ON MONDAY, AUGUST 4, 2014 AT 6:45PM IN MEMORIAL HALL IN THE TOWN HALL, 1196 MAIN STREET, HOLDEN ON THE APPLICATION OF 5 PHAN, LLC, d/b/a KYOTO OF HOLDEN, FOR A RESTAURANT ALL ALCOHOLIC BEVERAGES LICENSE, ANDY PHAN a/k/a TRUNG PHAN, MANAGER OF RECORD.  THE LICENSED PREMISES LOCATED AT 695 MAIN STREET, HOLDEN, CONSIST OF APPROXIMATELY 2,400 SQ. FT. OF A RESTURANT AND BAR WITH 2 ENTRANCES AND 2 EXITS. 

 

Chairman Renzoni opened the floor for public comment.  No public comments were made.

 

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

 

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO APPROVE A RESTURANT ALL ALCOHOLIC BEVERAGES LICENSE FOR 5 PHAN, LLC, d/b/a KYOTO OF HOLDEN PENDING PLANNING BOARD APPROVAL. 

 

  1. OPEB Ad Hoc Study Group

 

Chairman Renzoni stated that after Town Meeting, the Finance Committee decided to reach out to the Town Manager and the Select Board and see if they could put together a group to discuss how to fund OPEB.  FinCom requested a person from the Board of Selectmen to step forward and Chairman Renzoni suggested sending Vice Chair, Sel. O’Brien.

 

Chairman Renzoni confirmed that Sel. O’Brien was able to work in this capacity with the Finance Committee.  Sel. O’Brien thanked the Chairman and stated that he was looking forward to working with the Finance Committee. 

 

  1. Town Manager Miscellaneous

 

  1. Warrant for State Primary: available for the Board’s signature was the warrant for the State Primary taking place on September 9, 2014 from 7AM to 8:00PM so voters can cast votes for candidates.
  2. Holden Days:  Saturday, August 23, 2014 starting at 9:00AM.  Fireworks planned for the night before.  There is a Selectmen’s table at the event. 
  3. Pool Program:  The third and final session of day programs at the pool has begun.  Registration for the Before and After School Programs began August 4, 2014
  4. Updated Town Web Site Roll Out:  The Town’s updated Web Site was re-launched on July 28, 2014.  Ms. Kelly credited Mr. Lukes with much of the success of the launch.  Along with the updated site, the Department of Growth Management had initiated its online permitting system.  This system essentially means that people can apply and pay for all building permits, including gas, plumbing, and electrical 24 hours a day without having to come into Town Hall.  Developers, contractors, and residents will be able to complete the entire permitting process online and town inspectors will be equipped with tablet computers that will allow them to enter all data from the field in real time.  Scheduling of site visits and inspections will be automated, which will make more efficient use of the inspectors’ and applicant’s time.  Permits will be issued via email through the tablet, resulting in immediate receipt of the permit after a successful inspection.  Payments will also be accepted online for a one-stop process. 

 

Chairman Renzoni interrupted Town Manager’s Miscellaneous to proceed with Citizens Address. 

 

  1. Citizens Address

 

Mr. Paul Moreau addressed the Board for a few reasons.  He stated that he believed that people are lucky to have jobs and that Ms. Kelly should not receive a $5,000 pay raise.   He also spoke against the water bills and the 10% discount that was given for on time payments. 

 

Ms. Christina Soderman, 42 Quinapoxet Street, Jefferson followed up on the sand and gravel pit that had begun operation in her neighborhood.  Ms. Soderman indicated that she, along with neighbors, were unhappy with how the matter has thus far been dealt with.  She stated that while Ms. Kelly did send a letter, she (Ms. Soderman) was unhappy with the progress and had yet to see any changes made that addressed the neighborhood complaints.  Ms. Soderman quoted the terms of the special permit that was granted and asked for the permit to be revoked. 

 

Ms. Margaret Watson, 94 Boyle Rd, acknowledged the work ethic and faithfulness of the Town Manager, Ms. Jacquie Kelly.  Ms. Watson commended Ms. Kelly and stated that the Town was fortunate to have her as the Town Manager.  Ms. Watson further stated that she hoped that the Holden Board of Selectmen will support, encourage, and reward Ms. Kelly for the great job that she is doing. 

 

Mr. Ed Meyer, Fort Sumter Drive addressed the Board regarding the Town Manager’s Blog.  He requested the Town Manager add information into her blog about the amount of water that has been lost / day or over the year.  Mr. Meyer asked the Town Manager to include the figures that he presented to let the town know what was really happening with the unaccounted for water.

 

Mr. Mark Ferguson, 244 Bailey Road, addressed the Board about the Annual Town Meeting that was held in May.  He stated that the Town by-laws required 1% of the voting base to be present in order to have a quorum.  He asked the Board to move the percentage required from 1% to 0.5%

 

Chairman Renzoni closed citizen’s address.

 

Town Manager Misc. Continued

 

Sel. O’Brien spoke to the online permitting and stated he believed this was a positive step for the Town. 

 

Sel. Ferguson asked if the cost of the permit was the same if it was completed by hand or on line. 

 

Ms. Kelly confirmed it was the same cost.  However, she said that there will be a proposal to increase permit fees which have not been changed in fifteen years.

 

  1. Summer Composting Schedule:  The Department of Public Works has scheduled the following dates for the Summer residential composting and brush chipping:

Saturday, August 16, 2014- 8:00AM- 2:30PM

Saturday, September 20, 2014- 8:00AM-2:30PM

 

  1. Revenue and Expenditure Reports:  Ms. Kelly provided the Board with the revenue and expenditure reports for the period ending May 2014 prepared by Lori Rose, Town Accountant. 
  2. Wachusett Fund Distribution:   Ms. Kelly provided the Board with a letter from Lisa Carpenter, Director of Financial Reporting, UMass Memorial Health Care, regarding the 21st annual distribution of the Wachusett Area Emergency Services Fund which was established upon the closing of Holden Hospital.  The letter provided further information about the calculation of the annual distribution.  The July 1, 2014 distribution to the Town of Holden totaled $42,619, based on a 26.13% share of the total population of the participating area. 

 

  1. 275th  Anniversary of the Town of Holden Founding: The Town Manager suggests that the Board of Selectman establish a steering committee to help organize this celebration.  The date of this would be in 2016.  

 

Chairman Renzoni suggested that the Board discussed the matter further come September in order to start the process. 

 

8) Selectman Subcommittees

 

Sel. Lavigne: Winter Carnival is meeting in the next few weeks.

 

Sel. Ferguson: stated that the Starbard Scholarship awarded two scholarships earlier in the meeting.

 

Sel. Kurtz: The EDC and the Memorial Day Committee have not yet met and they are set to meet come September. 

Chairman Renzoni:  The Veterans’ Committee has not yet met and will be set to meet in September as well.

Sel. O’Brien had no updates to make.

9) Open Meeting Law Complaint

 

Chairman Renzoni asked the Board to authorize the Chair (Sel. Renzoni) and Town Counsel, Stephen Madaus, to act on the Board’s behalf to comply with the Attorney General’s request for executive session minutes.  Chairman Renzoni stated that with the meeting schedules, it is not possible to wait for the next meeting in order to get the Attorney General’s Office the information they requested.

 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED BY 4-0-1 TO AUTHORIZE THE CHAIR AND TOWN COUNSEL TO ACT ON THE BOARD’S BEHALF WITH RESPECT TO THE ATTORNEY GENERAL’S REVIEW OF THE OPEN MEETING LAW COMPLAINT FILED WITH THE BOARD ON APRIL 3, 2014, INCLUDING, BUT NOT LIMITED TO, PROVIDING COPIES OF CONFIDENTIAL EXECUTIVE SESSION MINUTES AND OTHER CONFIDENTIAL DOCUMENTS TO THE ATTORNEY GENERAL. (Sel. Ferguson: Abstained) 

 

Sel. Kurtz requested Chairman Renzoni to report back to the Board after any correspondence occurred so the Board could be aware of those interactions.  Sel. O’Brien agreed with Sel. Kurtz.  Sel. Lavigne indicated that he had no issue with this, however he wanted to ensure that the correspondence did not occur electronically. 

 

Mr. Madaus verified that this was not to release the executive session minutes but to address the request from the Attorney General. 

 

Sel. Ferguson stated that he believed the Board should comply with the Attorney General. 

 

Mr. Madaus verified he had in fact responded to the Attorney General.

 

10) Follow-up on Citizen’s Address

 

Sel. Lavigne thanked the residents for coming out.  He spoke regarding Sokolowsky Trucking which he felt continued to be an issue.  Sel. Lavigne believed that this company had been openly violating the permit they were issued and that he would have no problem asking the Planning Board or the Zoning Board to reconsider the permit.   

 

Ms. Kelly responded that the signs that are currently up are not in violation and that the company did obtain a sign permit.  She further stated that while she empathized with the residents, the Board of Selectmen was not the governing body to revoke a permit.  Ms. Kelly indicated that while it was within the Board’s latitude to make a recommendation, she did not want the Board to set unrealistic expectations regarding the revocation of a permit.

 

Sel. Lavigne confirmed that he did not want to set unrealistic expectations.  He said he understood that the Board does not have the authorization to do this but asked Ms. Kelly how the residents could go about contacting the Zoning Board of Appeals. 

 

Ms. Kelly suggested sending a letter to the Chairman of the ZBA.  She again sympathized with the residents but wanted to ensure that proper expectations were set.

 

Chairman Renzoni stated that if the option to send a letter or recommendation is available then that is what should be done.  He felt that if the Board of Selectmen could be the Board that acted on behalf of the people; it should do so.

 

Sel. O’Brien wanted to applaud Ms. Kelly for initiating a conversation between both the sand and gravel pit and the residents.  He also stated that he felt as though both the business and the residents need to have equal treatment when considering what should be done.  Sel. O’Brien stated that he believed if violations occurred the business should face the repercussions, however he felt as though thus far the business was responsive.  Sel. O’Brien encouraged the residents to be patient and have faith that the other Boards will enforce the special provisions of the permits that they issued.   

 

Sel. Lavigne stated that the neighbors have a right to expect something to occur.  He said that it was brought into the public eye and they are still not adhering to it.  The sand and gravel pit has had over a month and they should be living within the restrictions set forth in the permit.

 

Chairman Renzoni requested Ms. Kelly to prepare a memo on the measures that have been taken from Growth Management and the ZBA so the Board can have a better understanding on what has occurred. 

 

Sel. O’Brien encouraged the Town Manager to shorten the time line, however he again reminded everyone that it is important to be fair to the business owner and to make sure the business has the opportunity to comply.

 

The public asked how much time they should give the business to comply.

 

Chairman Renzoni reminded the public that it is not in the Board’s practice to have a back and forth however they would be happy to discuss further after the meeting. 

 

Sel. Kurtz suggested copying the ZBA on the letter that Ms. Kelly composes. 

 

Sel. Ferguson stated that a permit cuts both ways.  If they are within their permit rights they are fine.  If they are not adhering to the permit the administration should do something.  Sel. Ferguson pointed to the administration to take action.  He stated that while it’s not his place to tell administration how to do their job, they are evaluated and they need to do something. Sel. Ferguson said that if administration did not take action, he would ensure it was reflected come evaluation time.

 

Chairman Renzoni gaveled Sel. Ferguson and said his comments to the Town Manager could be considered retaliatory and were out of order.  The discussion was not about Ms. Kelly’s evaluation.

 

Sel. Ferguson continued to speak.

 

Sel. Lavigne also thanked Ms. Watson for taking her time to come out to praise Ms. Kelly.  

 

Sel. O’Brien again spoke to the Town Manager’s high level of competency.  He stated that he had never seen anyone move so quickly on behalf of the public and again applauded her efforts.  

 

Sel. O’Brien also wanted to speak about Mr. Ferguson’s idea of 0.5%.  He stated he believed that the current percentage of 1% is already a low threshold and doesn’t see a reason to change it. 

 

Chairman Renzoni indicated he will move this to an agenda item for further discussion.  

 

Sel. Lavigne agreed that it should be an agenda item and should not be brought up by a Selectman in Citizen’s Address. 

 

Sel. O’Brien also wanted to speak further about the unaccounted for water.  He wanted to ensure that all appropriate actions are being taken.  He stated he believed Mr. Ferguson had made some suggestions and some had been implemented but he would like to explore this further.  He also asked about the discount for the prepayment of the utility bills. 

 

Chairman Renzoni stated that the Board could revisit that later, however that had been analyzed in the past and pays for itself.

 

Sel. Ferguson acknowledged that the tax bills are due on Friday.  He confirmed that the town offices are open from 8AM-12PM on Fridays.  He suggested that if there is an event due on a Friday that it should be moved to the Monday without penalty.  He asked if we have the authority to consider moving these events to Mondays.   

 

11) Selectmen Two Minute Speeches

 

Sel. Lavigne congratulated the Holden Baseball Players.  He also congratulated Specialty Sandwich Shop on their new opening. 

 

Sel. Ferguson also congratulated Holden Baseball.  He also spoke regarding the natural gas line that was going up Shrewsbury Street and requested for that line to be lengthen so there could be gas on both sides of the intersection.  He stated that while he had asked for the meeting, he has yet to receive further information on it. Sel. Ferguson also wanted to discuss the gas conversion at Dawson School as he believes money can be saved on that project.  Sel. Ferguson also spoke about the legal budget and the police presence. 

 

Chairman Renzoni gaveled Sel. Ferguson for time.

 

Sel. O’Brien offered Sel. Ferguson his two minutes to finish.

 

Sel. Ferguson declined Sel. O’Brien’s minutes by stating he did not want to beg for time but he wanted the police presence out.

 

Chairman Renzoni reminded Sel. Ferguson he was out of time.

 

Sel. Kurtz declined to use his two minutes.

 

Sel. O’Brien thanked Ms. Kelly for her work with the residents by the sand and gravel pit.  He said that while there is still work to be done, the Town Manager had already made positive steps.  He also commended the Holden Baseball Team, coaches, and parents.

 

Chairman Renzoni congratulated the Baseball team as well. 

 

12)  Executive Session

 

The following motion was made by Sel. Lavigne, seconded by Sel. O’Brien:  TO ENTER INTO EXECUTIVE SESSION PER MGL c. 30A§21 (a), no. 2:  TO CONDUCT STRATEGY SESSIONS IN PREPARATION FOR NEGOTIATIONS WITH NON-UNION PERSONNEL/ THE TOWN MANAGER AND TO CONDUCT CONTRACT NEGOTIATIONS WITH NON-UNION PERSONNEL/ THE TOWN MANAGER AND TO REVIEW AND APPROVE EXECUTIVE SESSION MEETING MINUTES OF THE BOARD’S JUNE 16, 2014 EXECUTIVE SESSION.  The motion failed on the following roll call vote: Lavigne: yes; Ferguson: no; Kurtz: no; Renzoni: yes; O’Brien: no. 

 

Sel. Ferguson asked when the Town Manager contract expired.

 

Chairman Renzoni stated that is not on the agenda.  He then confirmed that it expired Feb 1, 2016.

 

Sel. Ferguson asked again; so over a year?

 

Sel. Lavigne stated that those questions don’t speak to the motion. 

 

Chairman Renzoni stated that this item needed to be rescheduled for a future meeting date. 

 

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO ADJOURN THE AUGUST 4, 2014 BOARD OF SELECTMEN’S MEETING AT 7:54PM. 

 

 

APPROVED: __September 2, 2014_________________