Board of Selectmen, February 4, 2013

HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
FEBRUARY 4, 2013

6:30PM                                            Memorial Hall

Present:    Chairman Anthony Renzoni, James Jumonville, Mark Ferguson,
                   Kenneth Lipka, Robert Lavigne

Others Present:    Jacquie Kelly, Town Manager
                                Elizabeth Helder, Recording Secretary

Chairman Renzoni opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance.  Chairman Renzoni announced that he had the honor of swearing Jacquie Kelly in as Town Manager on February 1, 2013.     

1. Selectmen Appointments

Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO APPOINT JAMES BRANTL  TO THE HOLDEN HISTORICAL COMMISSION TO A TERM EXPIRING 01/03/16 AS PRESENTED.

Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO BOB TONNING ON BEHALF OF HOLDEN BASEBALL TO SELL FOOD AT THE LITTLE  LEAGUE FIELD AT CRA MAIN STREET FROM APRIL 2013 THROUGH NOVEMBER 2013 THURSDAY AND FRIDAY 5PM-10PM AND SATURDAY AND SUNDAY 9AM TO 10PM.  

Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO RAUL URBINA ON BEHALF OF MERIADO RESTAURANT INC d/b/a MEXICALI FRESH MEX GRILL FOR A CHANGE OF OWNERSHIP TO EXPIRE 12/31/13 AS PRESENTED.

All gift certificates issued in the name Playa Del Carmen (the previous name of the restaurant) will be honored by Mexicali Fresh Mex Grill.

2. Town Manager’s Miscellaneous

1    The Board reviewed a final notice sent to owners of unlicensed dogs for 2012.  The Manager explained that each year, the Town has numerous residents who have not licensed their dogs.  In 2012, that number exceeded 100 unlicensed dog owners who failed to respond to correspondence from the Town.  This final notice reminds these owners of the consequences should they not resolve their delinquency by February 1, 2013.  After this date, the matter will be referred to the Leominster District Court and owners will receive a summons from court to appear before a Clerk Magistrate.  Should the summons be ignored, a warrant could be issued.
2    Town Manager Kelly informed the Board that she has been in contact with a representative of the Revenue Sharing Task Force, who will attend the Board’s first meeting in March 2013.  At that point, the Task Force will share its recommendation.  Sel. Ferguson said that there are no records of the Task Force filed at the Town Clerk’s office and only one member of the Task Force has been sworn in at the Town Clerk’s office, as well.  He said he had many questions about this group that he would discuss under Sel. Miscellaneous.
3    Sel. Renzoni reminded the Select Board to take the mandatory ethics training course required by the state.  The certification can be accessed at www.mass.gov/ethics.

4    Ms. Kelly informed the Board that the Chairman of the WRSD Subcommittee on Amendments to the Regional Agreement will be invited to attend the Board’s February 19th meeting.  Sel. Ferguson endorsed a 10-member District Committee membership and said he felt it was important that the Board be unanimous in its decision prior to meeting with this subcommittee.  The Board agreed to meet at 6PM on 2/19 to discuss and vote on this important decision before the regularly posted meeting

The Board interrupted Town Manager’s Miscellaneous at 6:48PM to proceed with Agenda Item Two.

3. Ballot Question Vote

Town Manager Kelly asked the Board to vote to convey to the Town Clerk the ballot question for the upcoming Special Town Election on April 11, 2013.  The ballot vote is to ask the voters to exclude the debt issued for the Mountview School Project from the limits of Proposition 2 ½, according to MGL Chapter 54, Section 42.

Chairman Renzoni said the Board will meet jointly with the School Building Committee and Finance Committee on February 11th to discuss the progress of the building project to date.  He invited Paul Challenger, chairman of the Mountview School Building Committee, to the podium.  The School Building Committee will also meet with the School Committee on February 26th.

A motion was made by Sel. Lavigne and seconded by Sel. Lipka to discuss that the Board of Selectmen approve the ballot question as revised and convey to the town clerk that the town of Holden be exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bond or bonds issued in order to construct and equip a new middle school on property located at 270 Shrewsbury Street, including the costs of architectural, engineering, and site work, and also including abatement of hazardous materials and demolition services to the existing school building, and other costs incidental and related thereto as presented.

Sel. Ferguson said he thought it was a lack of transparency to the voters to not have a dollar amount in the motion.  He said he would like a mailing to go home to the voters because in his opinion, the press has been sliding off and no one reads the paper anymore.  He felt that it was the responsibility of the Town to publicize this event since only 300 people will show up at the Special Town Meeting.

Town Counsel said it is a statutory ballot question that excludes the project from the debt and not a dollar amount.  The cost of the project will be discussed at the April 8th Special Town Meeting.  Having the Special Town Meeting prior to the ballot election will allow the project to be debated and discussed and it will be fresh in everyone’s mind.  The vote at Town Meeting will specify the exact sum that needs to be approved at the ballot election.  This is common and is being handled in the same manner as all town debt exclusions have been handled in the past.

Mr. Challenger concurred that the ballot does not authorize the borrowing; that is what the vote at Town Meeting is for.  The Committee may not know the exact cost and reimbursement until the MSBA approves the project the week before the Special Town Meeting.  

Sel. Lavigne disagreed with Sel. Ferguson’s statement: the project will have complete transparency once the number is set by the MSBA.  The Town cannot author any document sent to residents to notify them of the project because it cannot spend any money publicizing the project as it is consider a bias and is against the law.  Chairman Renzoni said it will be the responsibility of the School Building Committee to advertise the project.  He has faith in the electoral process that residents will show up at the Special Town Meeting.

Town Counsel said that once the ballot has been set, it will go to an election which falls under the ethics jurisdiction of the MA Office of Campaign Finance which monitors campaign ethics.  Town resources may not be used to influence a position in an election.  Therefore information concerning advocacy cannot be sent home from the Town through the HMLD bills.  

Ms. Kelly said Holden has a tradition of not putting numbers in Town warrants.  The Town Meeting motion will contain the exact borrowing number.

MSBC Committee member Mr. Dave White said that the Committee will have an estimate that it is submitting to the MSBA by the joint meeting with the Board on February 11th.  This is most likely, the number that the MSBA will approve on April 2nd.
 
Mr. Challenger encouraged the Board to publicize the project and get the word out.

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED THAT THE BOARD OF SELECTMEN APPROVE THE BALLOT QUESTION AS REVISED AND CONVEY TO THE TOWN CLERK THAT THE TOWN OF HOLDEN BE EXEMPT FROM THE PROVISIONS OF PROPOSITION TWO AND ONE-HALF, SO-CALLED, THE AMOUNTS REQUIRED TO PAY FOR THE BOND OR BONDS ISSUED IN ORDER TO CONSTRUCT AND EQUIP A NEW MIDDLE SCHOOL ON PROPERTY LOCATED AT 270 SHREWSBURY STREET, INCLUDING THE COSTS OF ARCHITECTURAL, ENGINEERING, AND SITE WORK, AND ALSO INCLUDING ABATEMENT OF HAZARDOUS MATERIALS AND DEMOLITION SERVICES TO THE EXISTING SCHOOL BUILDING, AND OTHER COSTS INCIDENTAL AND RELATED THERETO AS PRESENTED.

The Board agreed to schedule discussion on the school building project and its estimated budget at a future meeting.

4. Citizens’ Address

Mr. Ed Meyer, Fort Sumter Drive, spoke about a previous warrant for the high school project and suggested the Town should put language in the warrant to only spend the Town’s portion of the project and not for the amount it wants to borrow.  He also asked that if a flyer is sent home through the HMLD mailing to promote the school building project that the Holden Associated Taxpayer’s should also be allowed to send a flyer through the light bill.  Mr. Meyer went on to discuss some statements that he felt that Sel. Jumonville had made in error at a previous meeting.  Sel. Lavigne called for a point of order and asked Mr. Meyer to not name names during Citizens’ Address.  When asked by the Chairman to adhere to the rules of Citizens’ Address, Mr. Meyer began arguing with the Chair saying that if he was commending one of the Selectmen for an action he would not be asked to not name names.   Mr. Meyer reiterated that he feels that the Special Town Meeting being requested by the Mountview School Building Committee one month prior to the May Annual Town Meeting is a waste of money.  

Mr. Paul Challenger, Heather Circle, addressed several of Mr. Meyer’s comments.  He said that the previous warrant for the high school project changed halfway through the project due to a transition at the state level.  The state will dictate the language in the borrowing to identify that the Town will only borrow X amount and that state will reimburse Y amount so that what happened with the borrowing at the high school cannot happen again.

Ms. Maureen Floryan, Sterling Road, said that a discussion at a previous Select Board meeting incorrectly indicated that WRSD member Cynthia Bazinet was a member of the District’s Business and Finance Subcommittee of which she is not and commented on her voting record which was quoted incorrectly.  Ms. Floryan indicated that it is wrong to single out a single Committee member and vilify someone for their own purposes because they have a position of power, a microphone, and a bully pulpit.  

5. Water-Sewer Rate Options

Ms. Kelly said the Board had asked the Administration for options to the current water rate structure.  Mr. Woodsmall, DPW Director, will present three options on this subject.  Mr. Woodsmall handed out copies of the power point presentation (see attached).

Sel. Ferguson said he had received no information in his packet and this was the first time he was receiving information to review.  He said he was at an incredible disadvantage for discussion purposes and would not take any action on the rates tonight until he had time to go home and compare these figures to his figures.

Chairman Renzoni invited Finance Committee Chairman Don Mancini to the podium to contribute to the discussion.

Ms. Kelly reported that the Water Sewer Advisory Board did not recommend making any changes to the current rate structure.  The current rate structure has only been in place for one year.  This is the first time in many years that the budget has been in the black.  For a 6M budget, the budget is anticipated to end $6,000 in the positive, which is a very small margin.  The current rate structure will allow the Town to make improvements to its infrastructure and continue to maintain high quality water to customers.

Sel. Lavigne thanked the DPW staff for the presentation.  It has been determined that the majority of water customers use between 350cf to 1000cf per month.  

Sel. Ferguson said he wanted to compare how Holden rates are 700% higher than those of Rutland.  

Ms. Kelly said she disagrees with Sel. Ferguson’s calculations.  Sel. Ferguson said this was the first time the administration had disagreed with his information and asked the Administration to share their statistics to him.

Sel. Ferguson reviewed his version of the history of the water/sewer rates in town including the fifth quarter payment.  He said he felt the presentation tonight just moved the numbers around.  He said he wanted the aggressive rate schedule toned down.  He asked that “please for the love of god” work with him and help the 9% of rate payers struggling with the $23.09 monthly fee.

Ms. Kelly commented any rate changes would require study by the DPW to determine how the costs will be covered.  She said the Board cannot budget the fund here tonight; this is not the forum.  The options are open for discussion.  She encouraged the Selectmen to send any water/sewer questions to the Administration.

Sel. Lavigne said he disagreed with many of Sel. Ferguson’s statements including that the low end users are single widows – there is no way to figure out who the low end users are – they could be childless working couples who are not home during the day.  It’s not just about buying and treating water; it’s about delivering the water and maintaining a system and making a drastic cut to the rates is not an option.

Sel. Lipka asked if the town could quantify what the rate plus usage calculated to a per cubic foot of water costs?  He said he just wanted to know.  He does not want to see this fund go back in the red: however he does need some clarity on how to calculate his water bill.  

Mr. Elbag said he thought that it was approximately $5.31 per 100 cubic feet.  The Town has a contract with the City of Worcester to pay Worcester water rates until 2025; after that, the rates will be Worcester water rates plus 10%.  

Chairman Renzoni said that water usage is not that easy to calculate – that type of forecasting failed the Town for 10 years.  The Water/Sewer enterprise fund needs $6.1M to operate.  It is important to focus on the Town of Holden and not Worcester or Rutland.

Mr. Don Mancini, FinCom Chair said since implementing the new structure, the budget is in the black and is running efficiently.  He said he continues to remain a proponent of the fixed rate structure.

Sel. Ferguson reiterated that a $23.09 fixed fee is unfair.  

Chairman Renzoni said that Sel. Ferguson seemed to be having a big disconnect on how the water/sewer system works.  The debate isn’t about what’s fair; it’s about what it costs to run a town-wide water system that delivers a successful enterprise to its customers.

Ms. Kelly said she cannot comment on the rates as a social one: she is responsible for the financial aspect and a previous board voted unanimously and mindfully to implement this rate structure knowing that the higher end users were no longer going to supplement the low end users.

Sel. Lipka said that water rates will not go down; with state mandates and regulations tightening and making water production stricter.

Chairman Renzoni asked the Town Manager to set discussion on the water rate structure on the agenda for March.  Sel. Ferguson said he could count votes and he could wait until May.  

Chairman Renzoni said that this discussion would not wait until May because the DPW Director needs to know his budget for his capital improvements to present during the budget process.  He directed Ms. Kelly to schedule this discussion for the first meeting in March.

Sel. Lavigne and Jumonville left the meeting at 8:27PM

2. Town Manager’s Miscellaneous (reopened)

5    The Manager informed the Board that the Town is working with its Solid Waste/Recycling contractor, Casella, Inc., to set up a shredding day at the Holden Senior Center in September 2013.  This month was selected to avoid a conflict with similar events planned at the Wachusett Recycling Center.
6    The Board reviewed a list of 2012 alcoholic beverage licenses issued by the Selectmen to the Alcoholic Beverages Control Commission, as prepared by Town Clerk Cheryl Jenkins.  

Sel. Jumonville returned to the meeting at 8:30PM.

7    The Manager shared an email from Cindy Beard, Executive Director of the Holden Housing Authority, concerning legislation that would abolish and replace local housing authorities with six regional housing authorities.  Property owned by the local housing authorities would also become under control of the regional agency.  Chairman Renzoni and Sel. Lipka expressed dismay at this potential legislation.  Letters opposing this legislation will be forwarded to local legislators.

8    The Board reviewed an update from John Woodsmall, DPW Director, on the preliminary results of the revised salt/plowing procedures.
9    Ms. Kelly announced that the Friends of the Council on Aging will hold their annual cookie sale on Tuesday, February 12, 2013.  The sale begins at 9AM at the Senior Center and customers are encouraged to come early for the best selection.  

Sel. Lavigne returned to the meeting at 8:34PM.

10    Ms. Kelly announced with mixed emotions the pending retirement of Bev Potvin Kenniston, Principal Assessor.  Ms. Kenniston has served as the Town’s Principal Assessor for thirty years and looks forward to spending her retirement with her family and in pursuit of personal interests.  She is a valuable member of the management team and will be missed for her excellent assessing skills and professional work ethic.  A reception is being planned in recognition of her service for February 12, 2013 at Memorial Hall from 4PM-6PM.  

6. Selectmen Subcommittees

Sel. Lipka: Affordable Housing: Have not met.
Municipal Electric Advisory: Have not met.
Sel. Jumonville: Memorial Day Parade:  Met January 23rd.  Next meeting is February 13, 2013 at 7PM at Town Hall.  Chairman Renzoni invited the Committee to a Legion meeting to update its members at the third Tuesday of the month.  Sel. Jumonville said the Committee intended to meet with the Legion.
Sel. Lavigne: EDC: Will meet in February.
Sel. Ferguson: Not currently serving on a subcommittee.
Sel. Renzoni: Water/Sewer Advisory Board: Met at the end of January to discuss the capital budget.

7. Selectmen Miscellaneous

Chairman Renzoni: 1. Met with abutters of old police station, along with the Town Planner, Town Manager, and Director of Growth Management to receive neighborhood feedback.

2. Requests for Executive Session should be channeled through the Town Manager.

3. Attended the Innovation Ceremony at the MMA where Chief Chandler and members of the Fire Station were commended for the work performed on the new Forestry Truck.

4. Attended a school safety meeting with Chief Sherrill and members of the Davis Hill Community.

5. Public meeting with Mountview School Building Committee February 11th at the Senior Center at 7PM.

6. Wachusett Food Pantry has volunteers and the food now they just need a building.  Forward any ideas to Sel. Renzoni.

7. Received a copy of the WRSD budget on a thumb drive.  Additional thumb drives will be made and provided to Board members and Finance Committee members.

Sel. Jumonville: 1. Would like to know the purpose/goals/objectives of Revenue Sharing Task Force Committee prior to meeting with them in March.

Sel. Ferguson: 1. Said he was all over the Revenue Sharing Task Force Committee and is not having any of it.  There is no money to be shared.  Problems at the School District involve over spending and foolish spending.  An example of this would be that the District has hired former School Superintendent Tom Pandiscio to conduct union negotiations.  Sel. Ferguson is here for the Town of Holden and its ratepayers and has no interest in “social sharing.”  Sel. Lavigne said he had read some minutes from this Task Force that are included in the Superintendent’s reports.  Contact Rebecca Peterson at the Superintendent’s office.

2. Attended MMA conference and learned more information about unaccounted for water.  

3. Talked about empty store fronts along Main Street.  Feels that new Oriol Project will help bring in new business.  Can the EDC/Town of Holden do more to interview property owners?  Sel. Lavigne agreed, adding that people are calling and contacts are falling thru.  EDC will host a roundtable of store owners to help with under-used properties to see from a town standpoint what can be done.  Sel. Ferguson said that the pluses in town should be advertised: low tax rate, excellent safe community, 30,000 cars traverse Main Street each day.

Sel. Lavigne: 1. Town Manager and Police Chief highlighted on AAA newsletter.
2. WRSD Chair has declined to come before the Select Board.  Sel. Lavigne suggested inviting all 8 members of the Holden delegation and whomever shows up can provide an update.
3. Spoke about attending the WRSC audit vote involving Ms. Bazinet at the School Committee meeting.  He was disappointed that the WRSC did not vote to approve the financial audit.  However, he has since learned that the Town can request the State Auditor’s office conduct an audit.  Chairman Renzoni asked Ms. Kelly to put this item on the February 19th agenda for discussion.

Sel. Lipka: 1. Received a letter from Kathleen Dixon commending Jay and the staff at Holden Community TV for spending time with a scout troop at the TV station.

8. Acceptance of Minutes

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF JANUARY 22, 2013 WITH AN AMENDMENT BY SEL. RENZONI TO  CHANGE THE SENTENCE IN THE FIRST PARAGRAPH UNDER AGENDA #2 TO READ “SEL. RENZONI SAID HE HAD REACHED OUT TO THE SCHOOL COMMITTEE CHAIR DUNCAN LEITH WHO DID NOT REPLY.”  AND ADD A PARAGRAPH UNDER FOLLOW UP TO CITIZENS’ ADDRESS TO READ “SEL LAVIGNE RESPONDED TO THE STATEMENT MADE BY THE RESIDENT DURING CITIZENS’ ADDRESS.  HE WENT ON TO SAY THAT WHILE CHAIRMAN RENZONI DID HAVE FOUR CHILDREN THAT WILL ATTEND MIDDLE SCHOOL IN HOLDEN, SO DO MANY OTHER RESIDENTS.  CHAIRMAN RENZONI INFORMED THE BOARD THAT THIS RESIDENT WAS UPSET THAT SEL. JUMONVILLE NEVER INFORMED HIM OF A VOTE TO SET A SPECIAL TOWN MEETING AND SPECIAL ELECTION.  ADDITIONALLY, THIS RESIDENT WAS GOING TO SPEAK AT EVERY SELECTBOARD MEETING GOING FORWARD TO MAKE HIS POINT.

Chairman Renzoni announced the release of the following executive session minutes: September 17, 2012, September 4, 2012, July 31, 2012, July 9, 2012, May 12, 2012, May 7, 2012, April 2, 2012, March 22, 2012, March 19, 2012, March 5, 2012, February 27, 2012, February 6, 2012, January 17, 2012, December 19, 2011, December 5, 2011, and October 17, 2011.

He asked that the executive session meeting minutes from October 13, 2012 and November 21, 2011 continue to be held.

9. Follow Up to Citizens’ Address

Chairman Renzoni asked that names not be used during Citizens’ Address.

10. Adjournment

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ADJOURN THE FEBRUARY 4, 2013 MEETING AT 9:15PM.

APPROVED: February 25, 2013 (as amended)