Board of Selectmen, February 6, 2017
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
FEBRUARY 6, 2017
6:30PM Memorial Hall
Present: Chairman Anthony Renzoni, Geri Herlihy, Tim Ethier, Jeremy Kurtz, Erik Scheinfeldt
Others Present: Peter Lukes, Assistant Town Manager
Steve Madaus, Town Counsel (6:32PM)
Liz Fotos, Town Recorder
Absent: Jacquelyn Kelly, Town Manager
Chairman Renzoni called the meeting to order at 6:30PM. The Board stood to recite the Pledge of Allegiance.
Mr. Madaus entered the meeting at 6:32PM.
- Appointments, Licenses, and Permits
Chairman Renzoni told the public that Karen Greenwood was retiring as the Veteran’s Agent after serving the community since 2004. He thanked Ms. Greenwood for her hard work and her service to the country.
Chairman Renzoni stated that Ms. Greenwood helped to identify a need for veterans and she made sure that Chapter 115 made it the to veterans in need. He stated that Ms. Greenwood was critical in helping veteran families in need and whoever comes in has large shoes to fill.
Chairman Renzoni presented Ms. Greenwood with a Certificate of Recognition for her hard work on behalf of the veterans and the Board of Selectmen. The Board stood to recognize Ms. Greenwood.
Vote on ABCC Population Form
Mr. Lukes stated that this was an estimate with regards to population that the Town needed to submit to the ABCC.
Chairman Renzoni stated that it was an estimate that adjusted the population from the 2010 census. He stated there were 19,000 residents.
Mr. Lukes told the Board that when the Town hit the 20,000 mark it would trigger another liquor license.
Chairman Renzoni asked if an item could be placed on the agenda for the February 27, 2017 meeting in order to discuss the Alcohol Beverage License in Holden. He stated that he felt it would be in the Town’s best interest to establish a policy now prior to the new license being triggered.
Sel. Ethier asked how many the Town had currently.
Mr. Lukes replied it depended if you were talking about all alcohol or something different.
Chairman Renzoni stated that the Town had three based on the population plus one so there were four in town. He stated for every 5,000 people you are given one plus one for the Town to have. He stated that there was an exception but that Town had never asked for more.
Sel. Ethier asked if the Town was required to give them out.
Mr. Lukes replied it depended on what the applicant asked for.
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO APPROVE THE ADJUSTED POPULATION FOR THE ABCC AS PRESENTED.
- Town Manager’s Update
Safest Cities in MA: Security Company SafeWise publishes a Web based report on its ranking of the safest cities in Massachusetts. According to its most recent 2017 ranking of the top twenty safest cities in Massachusetts, Holden is ranked seventeenth, moving up from nineteenth in the last report. Congratulations to Chief Armstrong and his Department for their continued good work for the residents of Holden.
Snow and Ice Balance Sheet: Attached is an analysis of the Town’s Snow and Ice Removal budget as of 1/23/17. The good news is we have only spent about 34% of the $500,000 budgeted for this activity as of about the middle of the winter season. The bad news is that we have at lease six more weeks of winter.
Clean Energy Standards Regulations: According to Jim Robinson, HMLD General Manager, in response to the Executive Order Governor Baker signed last September, the Massachusetts Department of Environmental Protection is developing Clean Energy Standards regulations for investor-owned utilities and that could be applied to the Holden Municipal Light Department and other municipal light plants (MLPs) in Massachusetts. The enclosed white paper prepared by Mr. Robinson provides an overview of the initiative, states how it would be contrary to existing law, and could become very expensive for the Light Department and its customers, should the regulations be applied.
Holden Light, and other MLPs, have always done their part with regards to clean energy, while keeping our rates as low as possible, without mandates. The enclosed materials have been forwarded to our legislative delegation to seek their support in keeping the regulations from being mandated on Holden and other public power departments.
Year-to-Date Expense and Revenue Reports: Enclosed are the Year-to-Date Expense and Revenue Reports for the period ending December 2016 prepared by Lori Rose, Town Accountant. This provides a snap-shot of what departments have spent and the amounts of revenue collected at the half-way point in FY 2017. Expenses are not necessarily incurred on a regular monthly basis. For example, General Government expenses are about 50% due mainly to pre-payment of our Worcester Regional Retirement assessment in July of each year. We save 2% as an early payment assessment discount offered by the Worcester Regional Retirement System.
Education expense is approximately at the half-way mark; we are now on a quarterly payment schedule with the District. Human Services and Culture are also near the 50% mark.
Our Department of Public Works shows substantially less than 50% due partly to savings, so far, in our Snow Removal Account. Public Safety, Water/ Sewer, and Solid Waste are somewhat below 50% at the half-way mark.
The Revenue Report shows revenue collected to–date compared to our budget projections. Some revenue is not collected on a regular monthly basis. For example, our motor vehicle excise revenue is billed based on commitments received from the state. We are expecting a major commitment to be received and billed in early February 2017.
Lloyd Starbard Scholarship Fund: Enclosed for your information is a reconciliation of the Lloyd Starbard Scholarship Fund as of December 31, 2016. Note that there is currently $258 available for scholarships
Chairman Renzoni stated that the Board can decide to leave it and let interest accrue or talk about rewarding it to someone.
Sel. Kurtz asked to have it put on as an agenda item in order to have the discussion.
Avery Heights Water Tank: Work to clean and repaint the Avery Heights Water Tank is complete. The water system and tank will now be re-charged and bought back online. The first round of tests were completed successfully on Friday, January 27, and a final set tests were completed on Monday, January 30.
The design and construction of this project cost just shy of $1 million and was paid through the ongoing capital program of the Water/Sewer Enterprise Fund.
MMA Legislative Package: The MMA has filed a slate of 19 local government bills for the 2017-18 legislative session. The slate of bills included eight new proposals, including measures that address local options alcohol and gas taxes, the use of right of ways by utilities the purchase of utility poles, and seat belts on school buses. Attached is a list of the bills with a brief summary, from the MMA website.
- Feedback on MMA Meeting and Trade Show
Chairman Renzoni stated that he saw a lot of the Board at Mr. Moschos workshop and that he had a printout take away he found beneficial.
Chairman Renzoni stated he also went to the Energy Management Workshop to see what was emerging. He stated a lot of the focus was on the North Shore and while he found it interesting, it was not very pertinent to Holden.
Sel. Ethier stated that he listened to Tom Ashport speak on Saturday and he works at PBS and spoke about government and the changes that could take place under this administration.
Sel. Ethier stated that what he found most beneficial from this workshop was getting to speak directly with higher-up individuals of Weston & Sampson, which is the engineering company working on the proposed DPW Facility. He said he spoke with him at length about why he felt it was a great site and he was not concerned about the facility being placed on the site. Sel. Ethier stated that he had spoken to him about being present at Town Meeting and was hopeful that he would attend.
Sel. Ethier stated he also spoke with Chapter KFDA which is a high-risk management consultant company. He stated he had asked them about insurance on the proposed DPW Facility site and they had stated that while the number was a credible number, they did not feel as though it was worth it to obtain the insurance. Sel. Ethier stated he found this interesting as this was their line of work.
Sel. Ethier stated there was a lot on the Longhorned beetles and that he felt it was a good conference that he got a lot out of.
Sel. Scheinfeldt stated he felt the conference was beneficial, as well. He stated he attended a workshop on the rising health insurance costs and that it was very depressing. He stated the municipalities and school districts use a huge portion of their budget on health costs and it is not sustainable anymore. He stated no one really knows with the new administration what will happen, but it was an interesting workshop to attend.
Sel. Scheinfeldt stated he attended a Municipal Law Update that was entirely about the Marijuana Usage Law and how the legislation was drafted and interpreted. He stated the goal seemed to use a moratorium until there is more clarification on the bill itself.
Sel. Herlihy states she found the trade show interesting. She stated she learned about database software and that she went to a workshop about Main Street Revitalization. She stated this was centered more on municipalities that had a college in town so while it was interesting it was not pertinent to Holden.
Sel. Herlihy stated she attended a workshop on Housing Benefits, but again it was more geared towards the Boston area and 128 towns.
She stated it was an interesting weekend and she learned a lot.
Mr. Lukes stated he had a breakdown of the Municipal Organization Act and it was complex legislation so he would pass that along to the Board.
- Selectmen Minutes
Motion by Sel. Kurtz, seconded by Sel. Herlihy, it was UNANIMOUSLY VOTED TO APPROVE THE JANUARY 3, 2017 BOARD OF SELECTMEN MEETING MINUTES AS PRESENTED.
- Selectmen Subcommittees
Sel. Herlihy stated that the Community Garden Group would be meeting February 15, 2017 in the Starbard Building at 6:30PM. She stated they were looking for new members and were planning for the spring.
Chairman Renzoni stated that anyone interested could reach out via the Town website or show up to the meeting. He stated they also have a presence on Facebook. He stated this is not the Community Garden people envision with beds for individuals, it is really preserving green space and making things available on town property. He stated they also have been building relationships with the schools and are working within their curriculums to bring this group to the elementary schools.
Chairman Renzoni stated that the Veterans Advisory Committee did not have a date yet, but would meet in the next few weeks to start to plan for the Memorial Day Parade. He stated that volunteers were needed as the Committee lost some long standing members so anyone interested could reach out via the Town Manager’s website or to him directly.
- Citizen’s Address
None
- Update to Citizens Address
N/A
Selectmen Subcommittee Cont.
Sel. Ethier asked if the Community Garden had tried to involve the Garden Club that was in Town. He stated that the Garden Club was a long standing club and they (Community Garden) should try to get them involved as they were very knowledgeable.
Chairman Renzoni stated the plan was to tap into their expertise at some point; however the Creamer Property had taken some time to work on. He stated the plan was to reach out at some point in the future.
Sel. Ethier stated he would hold off on the DPW Committee Report as Dan Nason was present with an update.
Sel. Ethier stated that the Education Options Review Committee met last week and had an idea they wanted to present to the Board. He stated last year when there was an extra $500,000 it was allocated from the general fund and one of the ideas the group had was to create a revolving fund for these funds. He stated they liked the idea of taking funds that would be allow from the town and putting them into this fund to allow the town to spend money on schools as things came up. He stated he knew that Susan Sullivan, Chair, would be coming forward in the future but he had been asked to check on the mechanics of establishing such a fund.
Sel. Ethier stated that Ag Com had met and they had some questions and concerns with the local farmers market in town. He stated that last year a few local businesses were not able to participate because only one type of good was allowed. He stated Summit Wynds wanted to sell blueberries but was not able to because someone else already was. He asked who was in charge of the farmers market and asked if Holden businesses could have priority for the market, if the town had say or how it was set up.
Sel. Ethier stated that they also asked if they could have some funds for their Committee. He sated that even things like making copies and similar housekeeping items cost money and members of the committee should not have to spend their own funds. He stated even $500 would make a difference.
Chairman Renzoni stated that the budget is being prepared and that they should reach out and go before Fin Com to defend why they need funds. He suggested they get into the Town Manager’s Office as soon as possible so it was an item present on the budget.
- Vote to Cancel Special Town Meeting 2-27-17
Mr. Dan Nason, Chairman DPW Building Facility Committee, was present at the meeting.
Chairman Renzoni stated that he and Mr. Nason had spoken over the last month with regards to the Special Town Meeting on February 2, 2017. He stated that the meeting was contingent on having our own survey of the property to identify what we could. Chairman Renzoni stated that they were in agreement that if they were not any closer by this date (February 6, 2017) they would think about postponing the Special Town Meeting. He stated they do not want to go to Town Meeting with a recently published report.
Mr. Nason stated they still have not executed an agreement so they feel as a Committee that even if they did have an agreement in place it wouldn’t give the consultants the time to do the due diligence and assessment needed. He stated they want to make sure they are taking the report and getting any questions answered appropriately.
Chairman Renzoni stated that the Board supports this but they want to have all the information possible to go to Town Meeting.
Sel. Ethier stated he had been to a number of meetings and he felt that maybe it should not be postponed but because they do have a contract and the Town is working with the sellers so they know we are serious he does not think there is any fear of them selling it out from under the Town. He stated if it goes to Town Meeting there will not be the quorum concern either.
Sel. Ethier stated he thinks it is very important for the Town to get a hold of this property. He stated people are aware of the hazardous waste clean up that needs to get done so they need to be able to answer all the questions surrounding this.
Mr. Lukes stated there were certain dates involved and the legal department has taken a lot of time to go over everything.
Mr. Madaus stated that they were very close to completing the legal work. He stated they were working with an attorney in Washington with a challenging schedule but they were very cooperative and moving forward.
Sel. Ethier asked about the timing of the project.
Mr. Nason replied that they would focus on the land acquisition first and then continue with the project.
Sel. Scheinfeldt stated that he would support cancelling the Special Town Meeting and he is glad it is being postponed because he does not think the Town is ready to support this yet based on the information he has heard. He stated he thinks more marking needs to be done as a lot of people don’t know why another DPW Facility is needed or where one is located currently in town. He suggested going in with a video camera and doing a tour to show why the new building was needed. He stated something similar was done for Mountview and it was posted online and very effective.
Sel. Scheinfeldt stated that he thinks the marketing piece is critical to getting this passed and that the next time this is scheduled it needs to move forward because the flip-flopping does not show confidence in the project.
Chairman Renzoni interrupted ‘Vote to Cancel Special Town Meeting 2-27-17’ in order to call the Public Hearing for Change of Manager, Liquor License, Papa Gino’s 797 Main Street.
- Public Hearing –Change of Manager, Liquor License Papa Gino’s, 797 Main Street
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEAING FOR CHANGE OF MANAGER/ LIQUOR LICENSE, PAPA GINO’S, 797 MAIN STREET.
Sel. Kurtz read the Public Hearing Notice into record.
Mr. Gregory M. Carrier was present at the meeting.
Chairman Renzoni asked if there were any members of the public who wished to speak. No members of the public stepped forward.
Sel. Kurtz thanked Mr. Carrier for coming to the meeting. He stated that the Board likes to make a habit of meeting with the managers of the facilities. He asked how long Mr. Carrier had been at Papa Gino’s.
Chairman Renzoni left the meeting at 7:20PM.
Mr. Carrier replied he had been there for 10 years and in Holden for two years in April.
Sel. Ethier asked if they had met with Mr. Carrier in the past.
Mr. Carrier replied that he had been before the Board in April. He stated he was the manager before but the application was incorrect and he was working with his corporate office to correct it. He thanked the Board for their patience.
Chairman Renzoni returned to the meeting at 7:21PM.
Sel. Ethier asked if Mr. Carrier was an owner.
Mr. Carrier replied he was just a manager.
Chairman Renzoni thanked Mr. Carrier for coming in, he stated it was great to have their business in Town and they are the first to donate to youth sports and other events in Town.
Sel. Kurtz asked for the recommendation from the Fire and Police Chiefs.
Chief Armstrong was present and stated it was signed off on.
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR CHANGE OF MANAGER, LIQUOR LICENSE PAPA GINO’S, 797 MAIN STREET.
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO APPROVE THE CHANGE OF MANAGER LICENSE AS PRESENETD.
Vote to Cancel Special Town Meeting Cont.
Sel. Kurtz asked if there was any concern with the time frame and the 30 days being held for legal purposes. He stated he was going to support the cancellation but he wanted to make sure of the dates and the financial implications.
Mr. Lukes stated that there is no statutory reason for the date and if the seller wanted to close within 30 days they could make it fit.
Chairman Renzoni stated that the Committee was not ready for the meeting and they could only speculate when they would be ready. He suggested waiting until the agreements were in place before having these line of questions.
Sel. Kurtz replied that he felt it was important to have the understanding because if they were working on contract and being held to dates a cancellation may be pertinent.
Mr. Madaus replied there was flexibility within the agreement. He stated that there was flexibility with the Special Town Meeting as well. He stated there is a drop dead date which he believes is a year away and there are also contingencies from when the Town will act.
Sel. Ethier stated he wanted to make it clear that the reason for the cancellation was not because the DPW Committee lost interest or is spooked by something. The only reason for the cancellation is because it is taking longer than they thought to go back and forth with negotiations and they want to look carefully with the hazardous waste sites. He stated the cancellation was a legal matter.
Motion by Sel. Scheinfeldt, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO CANCEL THE SPECIAL TOWN MEETING SCHEDULED FOR FEBRUARY 27, 2017.
- Town Manager Miscellaneous
Sel. Scheinfeldt stated he wanted to make a comment about the Board’s Management. He stated that he was caught off guard at the last meeting with the Town Manager discussion and as he voiced his concerns to enter into contract negotiations with Mr. Lukes. He stated he felt as though he was the only one in the room caught off guard however after the meeting he looked at some things and the more he thought about it the more he felt that the topic of “Entering into Negotiations” was not sufficiently noticed on the agenda.
He stated that “Town Manager Transition” was there and his assumption was that the Board was going to be discussing the search committee. He stated that he had no idea that the Board would be discussing a specific individual and entering into negotiations on the spot.
Sel. Scheinfeldt stated he would not go any further but he wanted to voice his concern. He stated he would point to 2015 Open Meeting Law Guidelines that speaks to discussing meeting noticed and states that meeting notice must list all topics 48 hours in advance of the meeting and that the list of topics must be sufficiently specific. He stated that he does not think that is what happened in this case.
Sel. Scheinfeldt stated that it goes on to say that if topics were not reasonably anticipated by the Chair, the public body should update it and although they may do topic in notice, they Attorney General states that the discussion should be postponed if the discussion and actions may be of particular interest to the public.
Sel. Scheinfeldt stated that there was no notice and this was something the public would be interested in. He stated he does not think the news was here, there was very little discussion and deliberation. He stated that he will let it be and it is nothing to do with Mr. Lukes but he is not happy with the process.
Chairman Renzoni stated that if Sel. Scheinfeldt felt there was an Open Meeting Violation then he should report it to the Board officially. He stated that the Board makes the best effort to be as transparent as possible and if Sel. Scheinfeldt feels there was a violation it should be reported.
Sel. Scheinfeldt stated he did not think there was one.
Chairman Renzoni stated that he cautions Sel. Scheinfeldt about making comments like “he was the only person in the room not aware” as that statement would indicate a violation if more than two members of the Board were present and discussing agenda items without a posted meeting.
Sel. Scheinfeldt replied he was not making accusations.
Chairman Renzoni stated that the Board discussed Town Manager Transition twice. On January 3, 2017 Mr. Moschos was present and outlined the options. He stated the Board had the debate that night under the title “Town Manager Transition.” Chairman Renzoni stated that he (Sel. Scheinfeldt) stated to form a citizen committee and the motion was tabled and opened back up under the same agenda item at the following meeting.
Sel. Scheinfeldt stated he does not think there was a violation. He stated he is saying that the agenda could be more specific and it could have been a close call. He stated he was not accusing anyone of anything and is simply saying that with an issue of that much importance it should have been postponed.
Chairman Renzoni replied that when the motion failed (Sel. Scheinfeldt’s motion) the Board went with a different option that was outlined by Mr. Moschos. He stated he (Sel. Scheinfeldt) set a motion moving the item forward. Chairman Renzoni stated that the only reason that motion did not move forward that evening was because of the Executive Session that was on the agenda.
Chairman Renzoni asked for comments such as the one made by Sel. Scheinfeldt accusing the Board of a violation be held back as they were not healthy to the debate.
Mr. Madaus stated he was not present at the meeting but he did review the issue and found that the notice on the agenda was sufficient for the discussion that occurred. He stated there was a natural flow from the topic and the act of the vote does not need to be noticed. He stated he reviewed the recording and did not feel there was any violation as the vote that was taken was to enter into contract negotiations.
Chairman Renzoni stated the Board was moving forward with one of the four options outlined by Mr. Moschos. He stated the Board was going into Executive Session in order to speak about strategy and there may or may not be an agreement that will then become public record and ratified in open session.
Sel. Scheinfeldt stated he was not trying to point fingers, he had a concern and wanted to raise it. He stated he spoke to Mr. Madaus about it earlier and he understands his position but he thinks when a topic is up for discussion it is important that the agenda should be more specific and an item postponed if needed.
Chairman Renzoni replied it would have been presumptuous for him to put that as an agenda item but in the future he will try to be more specific.
Sel. Ethier stated he was glad that Sel. Scheinfeldt bought up his concerns at it is important to be transparent to the public. He stated he was happy that Town Counsel was present and able to give his opinion.
Sel. Herlihy asked how Sel. Scheinfeldt would have done it differently. She stated that once the Board found out that Ms. Kelly was going to retire early they needed to have a Town Manager in place to go to Town Meeting and work on the budget.
Sel. Scheinfeldt stated that he was not arguing with the outcome. He stated his problem was being put on the spot and forced into a vote that night when his opinion was that it could have been postponed.
Sel. Herlihy asked what would have happened if they postponed.
Sel. Scheinfeldt replied he would have liked to see a resume and then he probably would have been in favor of it.
Sel. Kurtz congratulated DPW on the last few storms and keeping the roads clean.
Sel. Kurtz reminded everyone that nomination papers were available and there was a Selectboard seat open in addition to 4 school committee openings, the town moderator, two trustees and housing position. He stated that the Board had a long standing tradition of signing any interested parties nomination papers and that if anyone was interested they could feel free to reach out to any member of the Board.
Sel. Ethier asked about the Infrastructure Investment Committee (IIF). He stated that people had reached out to him and that the Board had some questions on the legalities of using the funds. He stated he thinks the Committee should be dissolved and the Town should have control of what gets financed and not this small group of people. He stated he knows that Town Meeting was coming up and wanted to research the matter prior to the meeting.
Chairman Renzoni stated that they would need to take a vote at Town Meeting to set up special legislation to resign the IIF because that was how it was created. He stated that they created a working group last year with FinCom and he had reached out a few weeks ago to get the group back together. He stated he was waiting to hear back in order to set a date. He stated the issue was that they were on two different paths, FinCom wanted to fund the IIF and the Board of Selectmen wanted to abolish it. He stated he thinks that the group is still trying to understand each others position.
Sel. Ethier suggested inviting members of the Committee in, he stated they had not funded anything for years. He stated that he thinks it should be abolished and that it is not useful and that the Board should look at the options.
Chairman Renzoni stated they can set it as an agenda item and he will reach out to the Fin Com Chair.
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was VOTED TO ENTER INTO AN EXECUTIVE SESSION – MGL CHAPTER 31A, §21(a)2. TO CONDUCT STRATEGY SESSION IN PREPARATION FOR NEGOTIATIOSN WITH NON-UNION PERSONNEL AND TO CONDCUT COLLECTIVE BARGAINING SESSION OR CONTRACT NEGOTIATIONS WITH NON-UNION PERSONNEL(TOWN MANAGER CONTRACT) AND TO RETURN TO REGULAR SESSION FOR THE SOLE PURPOSE OF ADJOURNMENT BY A UNANIMOUS ROLL CALL VOTE. (Kurtz: yes; Scheinfeldt; yes; Herlihy: yes; Ethier: yes; Renzoni: yes).
The Board re-entered Regular Session.
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO ADJOURN THE FEBRUARY 6, 2017 BOARD OF SELECTMEN MEETING AT 8:55PM.
APPROVED: _____March 6, 2017___________