Board of Selectmen, February 3, 2015

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

FEBRUARY 3, 2015

6:30PM                                                                                                            Memorial Hall

Present: Chairman Anthony Renzoni, Jeremy Kurtz, Robert Lavigne, Mark Ferguson (6:31PM) Kenneth O’Brien (6:33PM)

Members Absent:

Others Present:             Jacquelyn Kelly, Town Manager

                                    Peter Lukes, Assistant Town Manager (7:13PM)

                                    Stephen Madaus, Town Counsel (6:49PM)

                                    Elizabeth Fotos, Recording Secretary

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

1. Appointments Licenses and Permits

Sel. Ferguson entered the meeting at 6:31PM

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO APPROVE THEIN PHAN ON BEHALF OF KYOTO OF HOLDEN FOR AN ANNUAL COMMON VICTUALER LICENSE EXPIRING ON DECEMBER 31, 2015 BY A VOTE OF 3-0-1 (Ferguson: abstain). 

1. Town Manager Update

Ms. Kelly began her update by praising DPW for the removal of the snow for the previous storms.  She also thanked the citizens of Holden for their patience during the snowy season.

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

Chairman Renzoni reminded the public that Monday’s trash would be moved to Saturday and everyone else had trash as scheduled.  Ms. Kelly reminded the public that it was trash and recycling. 

Sel. Ferguson asked about the change in verbiage from “Town Manager Misc. to Town Manager Update,” he asked if it was merely a change in words.

Chairman Renzoni stated it had been written on the agenda as “Town Manager Update” for months.

Sel. Ferguson stated that he wished to extend his compliments to both the DPW and the administration for the snow removal and work throughout the storms.  Sel. Ferguson stated that many citizens had complimented the Town making note of the differences in street conditions at Town lines. 

Chairman Renzoni asked without exception for Ms. Kelly to pass along the Board and citizens compliments to DPW.  

1. Amended Agreement-Wheelabrator- Ms. Kelly provided the Board with a memo from Dennis Lipka, Director of Growth Management regarding a recent amendment to our Agreement with Wheelabrator Technologies, Inc.  Wheelabrator offered to amend the exiting contract for waste disposal and to lower the rate from the current $75.66 to $64.00 per ton.  This rate will be in effect from January, 2015 until June 30, 2016 and will increase to $66.00 per ton from FY 2017. 

This reduction in tipping fee will provide us with savings of approximately $21,000 in FY 2015 and approximately $45,000 in FY 2016.  The impact of these savings will be that we will be able to hold at the current rate for residents for next year and possibly for FY 2017 as well.

Sel. Lavigne stated that this was great news and asked Ms. Kelly the amount of funds in the stabilization fun.  Ms. Kelly replied about $90K but she will get an exact number. 

Sel. O’Brien stated that it would be helpful to see the recycling numbers as well. 

Chairman Renzoni asked if the Director of Growth Management could provide historical recycling data for the Board.

1. DPW Month Review: The Town Manager enclosed the DPW Monthly report for November and December 2014 prepared by John Woodsmall, DPW Director.

Sel. Lavigne asked whether the recent water main code red messages referred to ‘leaks’ rather than ‘breaks’ and how the repair expenses may have impacted the capital improvement budget. 

Ms. Kelly replied that they were breaks (not leaks) and she stated that there was a certain amount budgeted each year to cover the expense of repairing water breaks.  She did confirm that the number of water breaks may be related to the freezing temperatures we have been experiencing.    

Sel. O’Brien had some further questions about Water-Sewer Revenue.  Ms. Kelly replied that in the next month Mr. Woodsmall would be making a presentation in the finance meeting and the members of the Board of Selectmen could go to that meeting for an overview of his budget as well.  She stated that they were not in any danger of being in deficit but that they would be applying some reserves in order to stabilize rates. 

Sel. Lavigne asked when the calendar for budget deliberations would be finalized.

Ms. Kelly replied that she was finishing it today (February 3, 2015) and would email it to the Board.  Chairman Renzoni stated that the Selectmen did want to have Mr. Woodsmall in to have these questions addressed.

1. Recreation Department: The Recreation Department building is complete with the solar panel installation atop the building installed and functional.  We will provide you with data on the energy cots v savings and the pay-back period at a future date.

We are moving our IT Department into extra offices at the Recreation Building.  This will provide much needed space on the third floor of the Starbard Building.

We are currently preparing and RFP to dispose of the Creamer Property.  We had a survey done and the ANR is being brought forward for Planning Board action.  We must have a professional appraisal of the property which is also in the works.  We plan to publicize the RFP in late February.  As you are aware, the revenue from the sale will be placed in the Infrastructure Investment Fund.

Sel. Ferguson stated that he had asked for this to be an agenda item as there seemed to be a difference of opinion on the status of the property between himself and Sel. Lavigne.  Sel. Ferguson stated that he had spoken to many realtors and he felt it was beneficial to have this placed on the market as soon as possible and not to wait until spring as other members (Sel. Lavigne) had stated in previous meetings. 

Mr. Madaus entered the meeting at 6:49PM. 

Sel. Ferguson stated that he wanted the Selectmen to have a discussion about this as he wanted to get away from the vulnerability of the vacant building.  He stated that in the Selectmen’s Handbook it stated that the Selectmen are in charge of surplus disposable property.  He urged the Board to close the chapter on this project and get the money into the IIF. 

Sel. Lavigne stated that he believed that this would be a worthy topic of discussion and wished it was an agenda item.  He stated that Sel. Ferguson had done more research and that he was not prepared to have the conversation currently but would like for it to be an agenda item. 

Sel. O’Brien stated that it was his understanding that the property had three buildable lots.  He asked if the lots should be subdivided and sold individually to maximize profits on the property or maybe selling the property as is.   

Ms. Kelly stated that the survey would be completed but that if the Town has surplus property Town Committees and Departments are spoken to in order to see if there was another use of the land prior to sale.  Ms. Kelly stated that Ag Com has an interest in the property and that they were meeting tonight to discuss the idea of retaining a portion of the property and using it as a community garden.  She stated that they wanted to hold a public meeting and see if the community was interested.   

Chairman Renzoni suggested placing this item on future agendas in order to have more information. 

Sel. Lavigne asked for the time frame.  

Ms. Kelly replied that it would take a few weeks and notification needed to be placed.

Sel. Lavigne stated that due to the filing and notification requirements it would already be spring before the property could be put on the market.

Ms. Kelly encouraged the Board to hold off on further discussion until Ag Com could meet and present any pertinent information to the Board.

Sel. Lavigne stated that he believed during Town Meeting, the Town was told that the property would be sold.  He stated that he believed the Board needed to discuss the merit of the commitment to the town (selling) vs. Ag Com using the property.

Mrs. Kelly said the Selectmen are not in charge of surplus property.  The Town Manager is and would like to provide the Ag Com an opportunity to explore this innovative use of a portion of the parcel.

Sel. O’Brien stated that he was happy that Ms. Kelly was entertaining Ag Com’s interest in the property.  He stated that the property was not going to lose value and that he believed the Board should allow Ag Com to have a chance to meet.

Chairman Renzoni replied that the Board should discuss this after the Ag Com meeting.

Sel. Ferguson stated that he agreed with Sel. Lavigne regarding the promise that was made to the Town to sell the Creamer Property.  He stated that while he saluted Ag Com’s passion and mission if they were unable to pay for the lots he was not going to be able to side with giving them the lots for usage.

Chairman Renzoni asked for the Board to hold further discussion until after Ag Com had a chance to meet.

Sel. O’Brien stated that while the comments were warranted, the public safety project came in under budget and less then anticipated.  He stated that the Town has never been in a stronger financial position. 

Sel. Kurtz suggested holding off on publicizing the RFP until Ag Com had a chance to come back.

1. Citizen’s Address

Chairman Renzoni called Citizens Address at 7:01PM.

Mr. Marshall Horwitz, 57 Lexington Circle addressed the Board.  First he thanked the DPW for clearing the streets during the snow.  He then went on to state that he felt as though the Selectboard meetings were disgraceful and the excessive time spent talking about open meeting violations took away energy and time that could be spent doing Town business. He stated that there was a way to disagree without being disagreeable.  He stated that there was a member of the Board that he disagreed with politically but the relationship between them was always cordial.  Mr. Horwitz stated that bringing the Town Manager and Town Counsel into the debates was bad for the town.  He asked the Board to focus on the work that needed to be done. 

Mr. Mark Steven Ferguson, 244 Bailey Road stood to take the podium.

Sel. Lavigne stated that the Board had previously had the conversation as to whether Mr. Ferguson could address the Board as a citizen.  He asked if Town Counsel had been addressed on this issue. 

Chairman Renzoni asked Mr. Madaus to weigh in on the matter but he stated that he was under the impression that as a citizen, Mr. Ferguson’s right were protected to speak. 

Chairman Renzoni gaveled the crowd.

Chairman Renzoni stated that when Selectmen Ferguson came back to the table that he could not have a conversation with Citizen Ferguson (himself) during Follow Up to Citizen’s Address.

Sel. Lavigne stated that he agreed that the first amendment was the most important one that we have however he wanted to ensure that it was not being used as an excuse to  violate MA General Law.  Sel. Lavigne stated that he understood this was a fine line and asked for Town Counsels opinion.

Mr. Madaus stated that having a Selectmen speaking on a topic is not a violation, he stated it was his opinion that as a Citizen Mr. Ferguson could speak.

Sel. Lavigne thanked Mr. Madaus and asked if it was fine as long as there was no deliberation.

Mr. Madaus stated that the Board was not prohibited from deliberation.

Sel. Lavigne replied that he believed it would violate the spirit of the law to deliberate and cautioned the Board.

Mr. Madaus replied that the Board may find it beneficial to put the items on the agenda.

Sel. O’Brien asked Mr. Madaus for clarification as to whether there would be a violation if the Chairman had knowledge of what was being discussed at the podium.  He asked if there would be a violation with this knowledge.

Mr. Madaus replied that while it would be a close call, it would not be a violation.  He stated that he did think if the Board could restrain themselves from deliberating on the matter, it could be placed as future agenda items as a placeholder.

Chairman Renzoni stated that Mr. Ferguson could speak however he would not have the debate between “Citizen Ferguson” and “Selectman Ferguson”

Mr. Lukes entered the meeting at 7:13PM. 

Mr. Mark Steven Ferguson, 244 Bailey Road addressed the Board.

Sel. Lavigne left the meeting at 7:14PM.

Mr. Ferguson stated that he was a tax payer and that he paid for the microphone.  Mr. Ferguson stated that if he was unable to speak as a Selectman he would speak as a Citizen.

Sel. Lavigne reentered the meeting at 7:14PM.

Mr. Ferguson stated that he has the right to his opinion and the right to speak.  Mr. Ferguson stated that he wanted to speak about the tax rates and the regrowth in Town.  He stated that there was some good news in Town, 4 Million in surplus free cash, refinancing, and other good news, however the good news never trickles down to the businesses and the people.  Mr. Ferguson asked the Board who had a higher tax rate, Holden or Princeton.  He stated that while you would think that with all the industry in Holden its tax rate should be lower, that is not the case.  Mr. Ferguson stated the tax rate for FY 2015 in Holden is $18.12 in Princeton it is $17.30.  Mr. Ferguson stated he wondered why Holden administrators don’t live in Holden.  Mr. Ferguson stated that Shrewsbury’s rate was $13.20, Sterling’s rate was $17.29, Clinton’s rate was $16.60 and Rutland’s rate was $17.65.  He stated that it was notable that administrators did not live in Town and he attributed that fact to being that it was unaffordable. 

Mr. Ferguson stated that he had asked to not have the tax rate increase in Holden and to have the free cash go back to the people.  He stated that he no longer supported this; now he supported lowering the tax rate $0.82 to meet the tax rate of Princeton.  Mr. Ferguson stated that as communities we are in competition with one another.  He stated that he does not mind taking on the finance committee however he also wanted to address the amount of money spent on legal fees.

Sel. O’Brien called a point of order.  Chairman Renzoni gaveled Mr. Ferguson.

Mr. Ferguson continued to speak. 

Chairman Renzoni stated that there was a point of order and that they will come back to Mr. Ferguson.  The Chairman stated that under the guidelines of Citizen’s Address the speaking time should be limited to 3-5 minutes.  He stated that Mr. Ferguson had been speaking for 8 minutes.  Chairman Renzoni stated that the Board was getting to the time for the posted agenda item of Storm Water Regulations and that he needed to see if any other members of the public were present that wished to address the Board.

Chairman Renzoni asked if any other members of the public wished to speak.   No Citizens wished to speak.

Mr. Ferguson stated that it was unfair to stop him.

Chairman Renzoni stated that the Board was moving forward with the posted agenda item; Stormwater Regulations.

Mr. Ferguson stated that he objected.

As Mr. Ferguson continued to talk loudly over the Chair’s direction, Chairman Renzoni called a short recess for Mr. Ferguson to calm down at 7:22PM to allow DPW Director, John Woodsmall to set up for his presentation.

1. Storm-Water Regulations Comments

Chairman Renzoni called the meeting back to order at 7:26PM

Mr. Ferguson called a point of order and stated that he had 17 seconds of speaking time that he should be able to use.

Chairman Renzoni stated that Citizens Address was closed and that the Board would go back to it after the presentation about Storm Water. 

Mr. Ferguson stated that he was leaving the microphone under protest.

Ms. Kelly stated that Mr. Woodsmall had provided the Board with a memo on the EPA’s proposed changes to Storm-Water regulations and how the changes would impact towns like Holden.  She stated that there was an open comment period that they would accept comments from municipalities and others in regards to the proposed regulations.  That ended on February 27, 2015.  Ms. Kelly stated that Mr. Woodsmall and our coalition would like the Boards support to submit comments to the EPA regarding these regulation changes.

Mr. John Woodsmall, DPW Director presented a slide show entitled: Overview of the EPA NPDES 2014 Draft MS4 (Stormwater) General Permit.

After the slide show Mr. Woodsmall answered questions from the Board.

Sel. Lavigne stated that it looked as though the cost increase would greatly outweigh the benefits.  He asked what the upgrades would be and how it would impact cost/ household.

Mr. Woodsmall replied that he did not have a breakdown per household and that long term infrastructure would be site specific however based on the WPI study, the increase would be about $100, 000- $150,000 / year increase to the operating budget. 

Sel. Lavigne asked if there had been any indication that any of these proposed changes would not be implemented.

Mr. Woodsmall replied that it did not seem as though that would happen.  He stated that although there has been pushback from cities/towns, they are also hearing from waterways and conservation groups from the other side.  He stated that anything EPA does is going to meet with opposition from those groups.

Sel. Lavigne asked when the date to go live would be. 

Mr. Woodsmall replied that they wanted to do it by the end of the year and give the cities and towns 90 days to comply; he stated that they were trying to implement the changes to coincide with the Town’s budget planning.

Sel. O’Brien thanked Mr. Woodsmall for the presentation.  He stated that he had advocated for pet waste procedures as he felt that carry in/ carry out was a failure.

Sel. Lavigne left the meeting at 7:59PM.

Mr. Woodsmall replied that he highlighted the question of pet waste to give an example of how specific the regulations had gotten.  He stated they typically would give a goal now the requirements and regulations were very specific.

Sel. Lavigne reentered the meeting at 8:00PM.

Sel. O’Brien asked about the public education component.  He stated that if they wanted to mandate the Town to do this, they should also come up with the financial support to assist.  He asked Mr. Woodsmall to include Congress and State Representatives in the correspondence.

Sel. O’Brien stated that he would hope that public education was framed in a positive way and that he thought those who did the work may not be the best people to educate the public.  Sel. O’Brien stated that he believes that construction controls were important as well and while some of the items given to Mr. Woodsmall could be frustrating that there was also some positive as well. 

Ms. Kelly replied that it was an added task but it was not that the Town did not want to do it, it was the cost that was added to the budget; 40% is a significant increase.  Ms. Kelly stated that they were all in favor of clean water it was just a matter of how to get there and the cost it would take to do so.

Sel. O’Brien stated that it may be effective to detail the costs and communicate that with Congress and Senators.

Mr. Woodsmall replied that he had done that previously as well.  He stated that he did not believe it made sense for 250 Towns to come up with educational material and suggested having one united message.  He stated that the response from the DPW was that they were an enforcement agency and they do not do public relations. 

Sel. Ferguson stated that he looked at it differently.  He stated that Holden’s Conservation Commission had a good handle on the environmental issues.

Ms. Kelly left the meeting at 8:10PM.

Sel. Ferguson stated that no one wanted any harm to the environment but that some of their requests were not measurable.  He stated that he would like to stop it; he stated that you add to the cost but no one can measure it and if you don’t comply you’re labeled “anti environment.”   Sel. Ferguson stated that he would like to have a letter drafted by DPW director and signed by the Chairman.

Ms Kelly returned to the meeting at 8:13PM.

Sel. Ferguson stated he was against this and he would like the politicians to rethink this.  He stated that the educational aspect sounded good but some of the requests were over the top.

Chairman Renzoni thanked the Director.  He stated that they would invite him back in after budgets to give an update on UAW and DPW as a whole.

Ms. Kelly replied that they were asking for the Selectmen’s support for the comments from Mr. Woodsmall. 

Sel. Lavigne asked if the Board would see the draft before it would be sent.

Chairman Renzoni asked if there were any objections from the Board to support Mr. Woodsmall’s comments. 

Sel. O’Brien stated that he would like to see the letter prior to signing it.

Sel. Lavigne agreed. 

Chairman Renzoni suggested tabling the vote and asked management to bring the letter for review before the Board endorsed it.  He stated that while he (the Chairman) trusted management, other members wanted to see the letter first.

Sel. Ferguson stated that he wanted to make a motion to endorse the letter and have it sent as soon as possible to senators, congressman, and anyone else that may not see the financial burden the changes would cause.  Sel. Kurtz seconded the motion.

Sel. Ferguson stated he would like to have the letter posted on the website as well and bring the issue into the public eye. 

Sel. Lavigne stated that he agreed, however he just wanted to see the letter before doing it.  He stated that if the letter was due before the next meeting he would sign it but because there was time he would like to see it.

Sel. Kurtz stated that he had faith in the administration. 

Sel. O’Brien stated that he did not want to sign off on anything he had not read.  He stated that he thought it was reasonable to hold off until the Selectmen had read it and that it was reasonable to have respect for concerned Selectmen and hold the vote. 

Chairman Renzoni told Sel. O’Brien that they were not asking the Board to sign anything, just to endorse it.  He stated that he would vote to support endorsing the letter.

Ms. Kelly stated that the comments in the letter had been developed with other members of the Storm Water Coalition. 

Sel. Lavigne suggested having the Board draft their own letter in addition to the letter being sent by the coalition. 

Chairman Renzoni asked to hold that suggestion.

Sel. Ferguson stated that he did not want to ignore other Selectmen’s concerns but that he did want the letter to be sent before the due date in hopes of making a stand.  He stated he was open to a special meeting if need be.

Sel. Lavigne stated that he appreciated Sel. Ferguson’s concerns but that in light of Ms. Kelly’s comments that the Board would be endorsing a regional letter he did not have an issue.  He again stated that he thought another letter from the Board should be sent.

Chairman Renzoni stated that the second letter could be motioned separately. 

Mr. Woodsmall stated that was what they wished to do; have one in depth technical letter and one letter from the political body of the Town.   He stated that everyone in the coalition is doing the same thing.

Chairman Renzoni stated that he would endorse and then ask management to have the letter delivered via email.  If anyone had any further concerns with the letter then, it could be addressed.

Sel. O’Brien stated that he appreciated it, but was not going to sign anything that he did not read.  He stated that he was not trying to be inflexible but that he believed the Board should read it first.

Motion by Sel. Ferguson, seconded by Sel. Kurtz, it was VOTED TO ENDORSE THE LETTER CREATED BY JOHN WOODSMALL, DPW DIRECTOR AND THE COALITION DETAILING ISSUES AND CONCERNS RAISED ON THE DRAFT PERMITS FOR STORMWATER AND TO FORWARD SAID LETTER TO PERTINENT POLITICIANS BY A VOTE OF 4-1 (O’Brien: no).

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO DRAFT A LETTER FOR APPROVAL AND REVIEW TO THE EPA ON BEHALF OF THE BOARD OF SELECTMEN AND SEND IT TO PERTINENT ADMINISTRATION.

            Town Manager Update Cont.

1. Valentine’s Day Cookie Sale: The Friends of Holden Council on Aging will be holding their annual Valentine’s Day Cookie Sale on Friday, February 13, 2015 at the Holden Senior Center.  The sale starts at 9:00AM and lasts until the cookies are gone.  My advice is to get there early!  Thank you to the friends who work tirelessly throughout the year to provide support and funding to augment Senior Center activities and programs.
2. Facebook: The Town Manager’s Office has increased the posting and updating of information on the Town’s Website, Facebook and electronic message board.  Overall, 1, 304 people “like” the Town’s Facebook page.  On January 28, our Facebook posting on the blizzard snow totals reached 3,900 people; we had 97 likes, 17 shares, and 29 comments.   This shows that residents are actively accessing the Town’s electronic media and any news that is posted.  We have a strong following and we usually see an increase in activity during storm events and emergencies.  I would like to give a shout-out to Robin Farrington who is the communication expert in the towns Manger office, and worked along with me throughout the blizzard to keep information up to date.

Sel. Lavigne stated that it was a valuable tool and asked if there were any plans to expand into other media outlets.

Ms. Kelly replied that the Town intended to implement a ‘See-Click’Fix’ app.  Mr. Lukes had helped get a grant for half the cost of this system.   

Sel. Lavigne stated that he believed it helped with transparency as well as being able to stay on top of information especially in recent events such as the recent snow storm.

Sel. Ferguson asked the administration in light of all the snow, had they looked into MEMA or FEMA money.

Ms. Kelly replied that they had already met and would probably be receiving funds for Blizzard Juno.

Sel. Kurtz asked how the Town was doing on the snow removal budget. 

Ms. Kelly replied that as of today, February 2, 2015, there was $57,000 remaining.  She said that was after a recent purchase of salt and that the budget started at $450,000. 

Sel. O’Brien asked what happens if the account is overspent; does the finance committee use their fund or is it made up in free cash.

Ms. Kelly replied that she had sent them a Memo asking them to approve deficit spending in the account.  We usually cover any deficit at the end of the fiscal year.   She stated that the FinCom has used the Reserve Fund in the past to cover part or all of the deficit.   

1. Town Manager Evaluation

Chairman Renzoni asked for the Board to complete the evaluations and send them by the weekend of February 7^th & 8^th so he could compile them and have them in the packets for the next Selectmen’s meeting.  He reminded the Board members to sign their completed evaluation.

1. Review of Agenda Process

Chairman Renzoni told the Board that this conversation had already been addressed.  He stated that as the Chairman one of his responsibilities is to work with the Town Manager’s office and set agenda items. He stated that when an item came to his attention, if it did not appear of the agenda it is because it does not meet some or all of the following conditions:

            a. the requested item must be relevant to the Board

            b. the requested item must be under the Boards authority

            c. the requested item must require the Boards attention

d. the requested item must have an clear instate

            e. the requested item must not already have been resolved

Sel. Ferguson asked to have the floor and to speak uninterrupted.  He stated that he did feel like the victim but that he was not going to be intimidated.  He stated that as a Selectman he was elected in order to speak on issues and bring agenda forward.  Sel.

Ferguson stated that he had asked his son and others that work with him to help him.   He stated that 14 times he had pushed forward and asked for agenda items and it did not happen.  Sel. Ferguson stated that he was being rejected on his agenda items based on the Chairman’s procedural changes from a memorandum dated Mary 21, 2014 however no Selectmen voted to endorse the procedural changes made by the Chairman.

Sel. Ferguson stated that he had sent his requests within the allotted time and it was still not placed as an agenda item. Sel. Ferguson stated that he believed it came down to the Chairman.  He stated he could take it, with police and lawyers.  

Chairman Renzoni gaveled Sel. Ferguson and stated that he should not accuse people of a conspiracy.  

Sel. Ferguson continued to speak, stating that he had never said the word conspiracy.  

Chairman Renzoni gaveled Sel. Ferguson.

Sel. Ferguson started hitting the table with his fist.

Chairman Renzoni called a one min recess at 8:41PM to allow Mr. Ferguson to calm down.

Chairman Renzoni called the meeting back to order at 8:42PM.

Chairman Renzoni told the Police Officer that the Board appreciated his presence and stated that the Board distanced themselves from Sel. Ferguson’s comment without objection.

Sel. Ferguson stated that he was not going to put up with this humiliation.  Sel. Ferguson stated that he never said the word “conspiracy”, the Chairman did.  Sel. Ferguson stated that he was up for reelection and that the Chairman was trying to minimize him.

Chairman Renzoni gaveled Sel. Ferguson and stated that they were not going to discuss election strategy. 

Sel. Ferguson stated that he had put an agenda item up for discussion 14 times and he had no response so he appealed to other members.  Sel. Ferguson stated that he repeatedly asked for agenda items, served on no committees and the administration, fellow Board members, and two attorneys all let that happen.  

Chairman Renzoni stated that the subject on the floor for consideration was the review of the agenda process not Mr. Ferguson.

Sel. O’Brien thanked the Chairman for putting this on the agenda.  He stated that he felt as though the procedural changes that were made were a big change and a break from the

standard Selectboard manner in which items were placed on the agenda.  Sel. O’Brien stated that the way it was set up did present the impression that the Chairman was trying to stifle free speech.  He stated that the fundamental issue that the Board members needed to work on was respect for one another.  Sel. O’Brien stated that the minority opinion on the Board was definitely minimized in the current environment.

Sel. O’Brien stated that he believed that if two members wanted to have an item placed on the agenda then it should be placed.  He stated that the incendiary comments are what undermine the ability of placing these items.  Sel. O’Brien stated that the Board was not a dictatorship and that the current state reflected poorly on the Boards ability to work together.

Sel. O’Brien urged the Board members to restrain themselves because to say that the Board is not going to discus something is not okay but the lack of respect for one another is getting in the way of conversation. He stated that they should be speaking about the tax rate and that the Selectmen have a lot of power in their seats and that they should be using it.   Sel. O’Brien stated that the election process was going to take care of some of these issues.

Chairman Renzoni gaveled Sel. O’Brien for talking about elections.

Sel. O’Brien stated that he spends a lot of time with the people in Town and they know that taxes are high.  He stated that the Board should be able to have the conversation in an environment where the meeting does not need to be shut down.

Sel. Lavigne stated that he is a process person and that most towns do conduct business in this manner.  He stated that protocol is needed but that topics need to stay on point as well.  Issues should not be brought up over and over again until one Selectman gets his way.  Sel. Lavigne stated that the Chairman was in a difficult potion and while he was a fan of the process it came to the five Board members living by the rules to make it work.

Sel. Kurtz stated that one thing that Sel. Ferguson was speaking about was the inability to respond back to any Selectman.  He stated that responding back, acknowledging the request, and explaining why it is not on the agenda could put some closure on some issues. 

Chairman Renzoni stated that there have been responses to Sel. Ferguson’s emails and that he would print them out for the Board to see.  He stated he did not want to be accused of not responding.

Sel. Kurtz stated he was not accusing anyone of anything but was reflecting on what was being said.  He stated if it was being done, great; if not it should be done going forward.

Sel. O’Brien pointed to the discussion of voting in the schools and stated that this was an example of something that could be an agenda item. 

Sel. Lavigne stated to Sel. O’Brien’s point, everything was in the Selectmen’s purview.  He stated that where the position of the chair struggled is where to stop taking on some of the repetitive requests being made.  He stated that any time he has put an agenda item up for discussion he states what he wishes to speak about and why.  Sel. Lavigne stated there were times his requests were not put on the agenda and he does receive responses back.

Chairman Renzoni stated that in an attempt to resolve the issue he proposed to add on a permanent agenda item entitled: “Future Agenda Items.”  

Sel. Lavigne stated that he thinks that is fair, he suggested having discussion points not just broad comments.   

Sel. Ferguson stated that he can put up with a lot but he can not put up with being silenced.  He stated that he wants action.  He stated that he understood the process of working within the rules but that no one gave the Chairman the authority to take away a Selectman’s ability to speak. 

Sel. Ferguson stated that when he pushes agenda items such as NSTAR gas and MDC  coming in to speak about ponds and streams he gets nothing.  Sel. Ferguson stated that it hits a nerve when he is stopped from speaking or has a blind eye turned to his requests.   Sel. Ferguson stated that he was not going to stop speaking about lowering taxes as it is a conversation that needs to be had and that the Town could match the Town of Princeton.

Chairman Renzoni called a point of order.  He stated that Sel. Ferguson was off topic and that they were not discussing Holden’s tax rates versus the tax rates of other town.

Sel. Ferguson continued to speak.

Chairman Renzoni gaveled him.    

Sel. O’Brien tried to speak.

Chairman Renzoni gaveled again and stated that there will be an update to procedure to include the new agenda item “Future Agenda Item.”

Sel. O’Brien stated that he believed the new item was a great compromise.

Ms. Kelly called out Mr. Ferguson for once again making personal, derogatory comments about her and trying to intimidate her.  Ms. Kelly stated that she should not have to put up with disparaging accusations from this person, meeting after meeting.  Now Mr. Ferguson is alleging that she is somehow disloyal to the Town of Holden because of where she lives.  His reference to Princeton’s tax rate makes no rational sense.  Her place of residents is entirely consistent with the Town Charter.

Sel. Ferguson played innocent. 

Chairman Renzoni gaveled.

Ms. Kelly responded that it was difficult to sit at public, televised meetings and listen to the comments being made because they are fraught with innuendo and accusations about herself and also directed at Town Counsel.

Chairman Renzoni stated that without objection on behalf of the Board, they distanced themselves from Sel. Ferguson’s comments and that the Board appreciated Ms. Kelly.

Sel. Ferguson objected.

Chairman Renzoni noted the objection from Sel. Ferguson.

1. Selectmen Subcommittees

Sel. Lavigne: no updates

Sel. Kurtz: EDC will meet next Monday (February 9, 2015) and Memorial Day has not met.

Sel. O’Brien: no updates

Chairman Renzoni: Ag Com met tonight (February 2, 2015) and will wait to hear from them

1. Follow up to Citizens Address

Chairman Renzoni stated that a member of the pubic Marshall Horwitz who spoke during Citizens address was verbally assaulted at the door by Sel. Ferguson and he apologized for that occurrence.  He thanked Mr. Horwitz and asked him to come back again in the future.

Sel. Kurtz called a point of order and stated that there was a citizen speaking (Sel. Ferguson) who was stopped from speaking and told that the Board would go back an recognize him.

Chairman Renzoni stated that they would be going back to Citizens Address but that there would be no follow up to Mr. Fergusons comments.

1. Selectmen Minutes

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO APPROVE THE DECEMBER 15, 2014 BOARD OF SELECTMEN MEETING MINUTES BY A VOTE OF 3-1-1(Lavigne: yes; Renzoni: yes; O’Brien: yes; Ferguson: no; Kurtz: abstain).

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO APPROVE THE JANUARY 5, 2015 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED 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 APPROVE THE JANUARY 20, 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).

Citizen Address Cont.

Chairman Renzoni reopened Citizens Address.

Mr. Mark Steven Ferguson, 244 Bailey Road took the podium again.  He stated that in the past he had noticed that other citizens were able to speak for 8 or 9 minutes.   Mr. Ferguson stated that the Town has $4 Million in free cash.  He stated that Charlie Baker stated that he would not be cutting municipal aid and it is time to give back to the people.  He stated that he asks the Town to match the Town Managers home town for the tax rate.

Chairman Renzoni gaveled Mr. Ferguson.

Mr. Ferguson continued to speak at the podium.

1. Selectmen Two-Minute Speeches

Sel. O’Brien recognized the work of the DPW workers.  He stated that they do a great job and it would be great to recognize them in some way.  Sel. O’Brien also stated that he had the opportunity to go to Mechanics Hall and listen to some of the high school musicians.  He told the Board that all five students from Wachusett were selected to perform in Boston.  Sel. O’Brien stated that there were great opportunities for music

within our school district.   

Sel. Kurtz thanked the DPW for the work that they did with the storms.  He also wanted to recognize and thank the fire, police, ambulance and town employees.  Sel. Kurtz reminded citizens to shovel out the fire hydrants on their property. 

Sel. Lavigne recognized the DPW and HMLD.  He stated that in prior years, lines were lost in large storms but that Mr. Robinson had put into place tree trimming and it was his opinion that those measures prevented Holden from losing power during the big storm.  Sel. Lavigne also thanked Ms. Kelly for providing trash bags for the citizens whose garbage removal was moved from Tuesday to Saturday.  Sel. Lavigne finished by stating that he was hopeful that the Board could come to an agreement with future agenda items and that the Chair would reconsider and help ensure that all Board members had equal time to speak.

Sel. Ferguson stated that two weeks from tonight’s meeting the Town Manager would be presenting the Resource Profile to the Town.  He wants a tax rate in Town the same as Princeton.  Sel. Ferguson stated Shrewsbury’s tax rate was $13.20, Sterling’s tax rate was $17.29, Clinton’s tax rate was $16.66, and Rutland’s tax rate was $17.65.  Sel. Ferguson stated that they were all less than Holden’s $18.12 and that if someone’s home town could do it, then Holden could too.

Chairman Renzoni gaveled Sel. Ferguson but Sel. Ferguson continued to speak louder and continue reading his written statement, until on a

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO ADJOURN THE FEBRUARY 2, 2015 BOARD OF SELECTMEN MEETING AT 9:21PM BY A VOTE OF 4-0-1. (Lavigne: yes; Kurtz: yes; Renzoni: yes; O’Brien: yes; Ferguson: abstain).

APPROVED:  March 16, 2015