Board of Selectmen, January 17, 2017
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
January 17, 2017
Present: Chairman Anthony Renzoni, Geri Herlihy, Tim Ethier, Jeremy Kurtz, Erik Scheinfeldt
Others Present: Jacquelyn Kelly, Town Manager
Peter Lukes, Assistant Town Manager
Liz Fotos, Town Recorder
Chairman Renzoni called the meeting to order at 6:34PM. He invited the Boy Scout Troop, Den 5, Pack 46 up to lead the Pledge of Allegiance.
- Appointments, License, Permits
None
- Sign Special Town Meeting Warrant
Ms. Kelly stated that the Board had before them a draft of the three articles for the Special Town Meeting on February 27, 2017. The articles were to choose a moderator (Article 1), to authorize the Town Manager to accept the land at 18 Industrial Drive on behalf of the Town (Article 2), and to see if the Town will vote to raise and appropriate funds for maintenance, security, upkeep, management, environmental monitoring, assessment, and testing (Article 3).
Chairman Renzoni stated that these Warrant Articles had been opened, set, and closed at a previous meeting. He asked if anything else needed to be done or if it just needed to be signed.
Ms. Kelly replied that it just needed to be signed.
Chairman Renzoni stated that items would need to be posted 14 calendar days prior to the Special Town Meeting, so if anything came up they would have time to discuss it prior to the meeting.
The Board signed the warrant.
- Town Manager Update
HMLD Monthly Report: Enclosed is the monthly activity report for December 2016, prepared by Jim Robinson, General Manager.
Christmas Tree Chipping Program: The Department of Public Works will be chipping Christmas trees on Saturday, January 14, 2017 between the hours of 8AM and 2:30PM. Residents may bring their trees, free of any decorations, to be chipped at the Adams Road facility
2017 MMA Annual Meeting & Trade Show: The MA Municipal Association Annual Meeting and Trade Show will be held on January 20 & 21 at the Hynes Convention Center, Boston, MA.
Tobacco Regulations: Attached for your information are the proposed new tobacco regulations which increase the minimum age requirements to purchase tobacco from 18 to 21 years of age, and limit the sale of flavored tobacco. The Board of Health will be conducting a public hearing on the regulations on January 21, 2017
Active Shooter Training: The Holden Police Department in conjunction with other area law enforcement agencies, will be staging day-long Active Shooter Training at the old Holden Hospital Building, on January 18, 2017. there will be morning and afternoon training and activities including uniformed officers and SWAT Team participants. A note has been placed in the Landmark to give the public notice about these training activities and to not raise undue alarm.
Sel. Kurtz asked if it made sense to utilize a removable sign on the street that indicated there was training in progress.
Winter-Spring 2017 ‘Save the Date’ Flier: The enclosed flier will appear in this months utility bills. It lists various key dates in the next six months for our residents to plan their family schedule.
Sel. Kurtz stated that a memo in the packet the Board had received indicated there was no violation in Holden in 2016 and he believes that is incorrect.
Ms. Kelly confirmed that was incorrect and stated she would look into it.
- Susan Sullivan, COA Chair/ Upcoming COA Survey/Questionnaire
Ms. Sullivan stated that the COA decided to conduct a survey for satisfaction that would be included in the February mailing of the newsletter for 65 or older in Town. She stated that the surveys can also be found online and at the Senior Center.
Ms. Sullivan stated they were hopeful that they will get some return to help the COA determine programs and events going forward.
Ms. Sullivan stated that the other things she wanted to comment on was Help at Home. She stated that for this year, they had raised $18,380 and dispersed $10,841 to 25 Holden Households. She stated that most of the funds went to pay for utilities; electric, gas, or oil. Ms. Sullivan stated that if you are having trouble meeting your financial obligations particularly in the winter to please reach out. She stated it is anonymous and that they are there to help if someone needs it.
Chairman Renzoni asked if the relief was open to seniors only or to all families.
Ms. Sullivan stated that it was open to all families.
Sel. Kurtz asked if it was possible to donate when you were making a payment online.
Ms. Kelly replied that she believed that was an available option.
Sel. Ethier thanked Ms. Sullivan for her work and her service to the Town.
Ms. Sullivan stated that it was a wonderful center with lots of activities going on and they just want to make sure they are giving people the programs they want.
- Selectmen Minutes
Motion by Sel. Kurtz, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO APPROVE THE DECEMBER 19, 2016 BOARD OF SELECTMEN MEETING MINUTES AS PRESENTED.
- Selectmen Subcommittee
Sel. Herlihy stated that the Garden Committee meets on Monday, January 23, 2017. Chairman Renzoni asked if they were looking for new members.
Sel. Herlihy stated that they have not yet reorganized but that they were looking for new members and volunteers.
Mr. Lukes stated that anyone who wants to become involved in Town can fill out the ‘Do Something’ questionnaire as well.
Sel. Ethier stated that the Education Option Review Committee is meeting on January 18, 2017 in Memorial Hall. He stated that he missed the last meeting but that Dr. McCall was there and answered a lot of questions. He welcomed anyone that wanted to go to the meeting.
Sel. Ethier stated that Ag Com would be meeting next week.
Sel. Ethier stated the DPW Building Committee would be meeting Thursday, January 19, 2017. He stated they had been going over the strategy to present the project to Town Meeting.
Chairman Renzoni stated that if anyone had concerns about the project or questions they would like answered they could go to the meeting. He stated they were about 6 weeks out from the Special Town Meeting and that anyone was welcome at the meeting.
Sel. Ethier agreed and stated that if anyone had any questions it would be a good forum to have them answered.
Chairman Renzoni stated that the VA Committee had not met and would be meeting after February 1, 2017 to begin making plans for Memorial Day 2017. He stated that they were looking for volunteers and that anyone interested could reach out to him.
- Selectmen Miscellaneous
Sel. Ethier thanked the Boy Scouts for coming to the meeting. He stated that it was an important part of Town Government and he was hopeful that it would inspire the troops to take an interest in government in the future.
Chairman Renzoni stated that he spoke to the State Representative with regards to the sidewalks on south Main Street. He stated that she had indicated that she reached out to the DOT as the State owns the highway, not Holden. He stated he would updated everyone when he had additional information.
Ms. Kelly stated that she did speak with Mr. Woodsmall, DPW Director, and he also indicated that it was a state road and the state was responsible for it. She stated it was god that Ms. Ferguson had reached out to the DOT and hopefully that would go a long way.
Sel. Ethier asked about the sidewalk fund.
Ms. Kelly stated that if a developer wanted to not build a sidewalk, it could be voted on and if approved they could donate money to the town in this fund. She stated that the location of the sidewalk would determine if it was able to be waived.
- Citizen’s Address
Chairman Renzoni called Citizen’s Address at 7:00 PM.
Karen Halley, 125 Mason Road was present at the meeting. She stated that she wanted to let the Board of Selectmen know that she was in favor of forming a committee and to open a search in order to find the most qualified candidate for the Town Manager’s position.
Gene Stirchak, 125 Mason Road, was present at the meeting. He stated that he wanted to reiterate that he felt that a search committee should be made for the Town Manager’s position and that they should look at all possible options and make a selection based on a broad range of candidates.
Chairman Renzoni closed citizen’s address.
- Special Project 2015A MMWEC project (55 MW peaking unit, Peabody, MA)
Mr. Jim Robinson, Director HMLD was present at the meeting. He presented to the Board a presentation entitled Holden Municipal Light Department: Power Purchase Authority MMWEC Special Project 2015A Dated January 17, 2017.
After the presentation, Mr. Robinson answered questions from the Board.
Chairman Renzoni asked if the project 2015A was 13% capacity and if there was anything not covered.
Mr. Robinson stated there is still 25% open and that is what MMWEC recommends currently. He stated right now the Town is 30-35% open.
Chairman Renzoni asked if when they were not using it could they sell it.
Mr. Robinson replied that when the ISO conducts the capacity operation, they will identify a value associated with the level of MW and other MW and what happens is that we are buying and selling to ourselves.
Sel. Herlihy asked what some of the MMWEC members were considering buying.
Mr. Robinson stated that every light department has its own portfolio and a lot of other departments have peking units under different contracts. He stated that your view of the market will influence what you do. He stated that its his opinion that it is a better hedge how our (HMLD) portfolio is set up.
Sel. Herlihy asked if this was our first peking unit.
Mr. Robinson stated that we are part of a peking plant from Ludlow.
Sel. Herlihy asked if there was a risk of default and if someone defaulted what happened.
Mr. Robinson stated there was provision put into place in 1970/1980’s when Seabrook was being disrupted there were other public power that were challenged for the validity of the participation. He stated that the Supreme Court stated that thee would be a step provision made and that while it has not had to be used, it was in place.
Chairman Renzoni asked if 2MW would bring us closer to the recommended 25%.
Mr. Robinson replied 4 would do that.
Sel. Ethier asked if this would require Mr. Robinson to make the purchase or if it just gave him the ability to do so.
Mr. Robinson replied that they never wanted to deliberately put ourselves in the position that we are having to buy power that is not needed.
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO RECOMMEND MODIFYING THE EXISTING POWER PURCHASE AUTHORITY TO INLUCDE PURCHASES:
-UP TO 4MW IN 2021
-UP TO 2 MW IN 2022-2024
-UP TO 90% OF PROPOSED NEED 24 MONTH AHEAD
-UP TO 85%OF PROJECTED CAPACITY NEED FOR A PERID OF TIME NOT TO EXCEED 10 YEARS (THROUGH DECEMBER 31, 2026).
Motion by Sel. Kurtz, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO AUTHORIZE THE LIGHT DEPARTMENT TO PARTICIPATE IN SPECIAL PROJECT 2015A.
- Colleen Abrams, Wachusett Greenways/Ma Central Rail Trail
Ms. Abrams, Wachusett Greenways was present at the meeting. She stated that she was there to update the Board and to thank the Town for all the support they have given the Rail Trail over the years.
Ms. Abrams stated that Holden had always been a great contributor of the Rail Trail and they were asking all the surrounding towns to do so as well. She stated that they were increasing the trails and maintenance and that they were grateful that Holden was already contributing.
Ms. Abrams also told the Board about the DCR grant that they received in the past and were applying for again. She stated that this years grant would be to repair a section of the trail and to repair some of the failed culverts. She stated they also needed to do some restoration of the plate on top of a bridge.
Ms. Abrams stated that they were always looking for new members and volunteers as well and that they need to reach 1000 members to reach the sustainability level. She stated if you send $10 you are a member.
Chairman Renzoni stated that the Town values open space and that for $10 you would be a member. He thanked Ms. Abrams for all she does.
Chairman Renzoni asked why they do not use machinery to pack the trails down for cross country skiers. He stated he had been approached about this and wanted to provide the appropriate answers.
Ms. Abrams stated that they trail has many partners and landowners and that one of the largest landowners is DCR. She stated that no motorized vehicles are allowed on DCR land. She stated that if they do that grooming then there would be no way to monitor other motorized vehicles from using the trails in that manner.
Chairman Renzoni thanked Ms. Abrams.
Ms. Abrams stated that that last Saturday in September they would be doing a rededication of the trail and she was hopeful that all Selectmen would be in attendance. She stated that they also had their annual meeting on April 27 in the Senior Center and anyone is invited.
Chairman Renzoni asked Ms. Abrams to forward all dates to the Town Manager’s office for distribution.
- Town Manager Transition
Chairman Renzoni stated that although it was not ratified, the Town Manager had agreed to a final day of work. He thanked Ms. Kelly for all she did and stated that March 4, 2017 was her last day. Chairman Renzoni stated that contractually Ms. Kelly needed to give six months notice but if she did that, she would take the Town right up to Town Meeting and through the budgets so after speaking as a Board with the Town Manager it was decided to move the date to March 4.
Ms. Kelly thanked the Board.
Chairman Renzoni stated that Ms. Kelly had over 20 years of service to the Town and that she was leaving the Town in a better position than she found it. He stated that almost 90% of the Town Manager job was the budget and as soon as you finish it, you look to implement it. He stated that the latest bond rating is AA+ by S & P and that under Ms. Kelly there has not been a spike in that tax rate and had even seen a decline. He stated that Ms. Kelly was a great manager and was leaving the Town in a better place.
Chairman Renzoni stated that the Board does have the business of moving on with the transition at this point. He stated that at the last meeting the Board tabled the motion to establish a search committee for a new Town Manager. He stated that they can reopen the motion at this point and it would be the will of the Board.
Chairman Renzoni stated that the Board would need to appoint an interim Town Manager when Ms. Kelly left and whoever that person is would have full authority of the office.
Sel. Scheinfeldt stated that he appreciated reopening the motion. He stated that he thinks it makes sense to vote and that he believes that the Board should move forward with a search committee externally and internally. He stated that they had heard from residents that agree that there should be a broad search. He stated that he realizes that the Board will need to appoint an interim however he thinks that they can begin taking steps to move forward with the search as well.
Sel. Kurtz stated that he would speak as he had seconded the motion a few weeks ago. He stated he is now going to speak against it and he was pretty adamant a few weeks ago to have a search committee to make sure that the best candidate was found. He stated that he is still in the mindset that they need to look out for the Town’s best interest. He stated that Ms. Kelly was leaving the Town in an incredible position. Sel. Kurtz stated follows the news closely and that some other Towns had gone out for searches and that in Sterling for instance, 32 Selectmen applied for the position. He stated he does not know if it would be beneficial at this point to go forward with a search if the well is dry. He stated with that being said he is going to urge the Board to vote against the motion of opening a search committee and move the process forward.
Sel. Ethier stated that he understood both sides of the issue. He stated that he did get contacted by a number of Holden residents but with that being said he thinks that Sel. Kurtz makes a good point that there is not a ton of qualified applicants at this point. He stated that he made it pretty clear that he thinks you should appoint from within and he is also going to vote against it.
Sel. Herlihy stated she agree with Sel. Ethier and that they were going to budget hearings and needed stability and to have someone that was a great part of the budget process presenting the budget. She stated that they need to make a different plan.
Chairman Renzoni stated that he agreed with stability. He stated that he is not opposed to a search, he is just against it right now. He stated that Holden tried to establish a continuity plan to allow for seamless transition. He stated that he spoke with a few consulting organizations to get ballpark figures for consultants and they agreed that the market was not as plush with managers at this point and there is no forecast as to weather it is going to get better. He stated that he thinks the best town managers on the market may not be the best for Holden and that there were internal and continuity of operations plans that could take over. He stated he thinks that the Board destabilizes the Town by going outside and if you pull someone internally they know how we do things.
Sel. Scheinfeldt stated that he understands the comments but he is surprised with the changes from the previous meeting. He stated he had heard the comment “the well is dry” but he stated he does not know if you can say that until you do your own due diligence rather than relying on news. He stated he thinks they should move forward and if there is not a variety of good candidates they can change what they are doing. He stated he does not think you know until you know. He stated he had made his point.
Chairman Renzoni called for the vote that was tabled at the last meeting to establish a search committee to fill the vacancy for the Town Manager position.
Motion by Sel. Scheinfeldt, seconded by Sel. Kurtz, THE VOTE TO ESTABLISH A SEARCH COMMITTEE TO FILL THE VACANCY FOR THE TOWN MANAGER FAILED BY A VOTE OF 1-4 (Scheinfeldt: yes; Kurtz: no; Herlihy: no; Renzoni: no; Ethier: no).
Sel. Ethier made a motion to enter into negotiations with Mr. Lukes, Assistant Town Manager with the attempt of appointing him as Town Manager for a one year period of time. Sel. Kurtz seconded the motion.
Sel. Ethier stated that he had been on the Board for 9 years and had watched Mr. Lukes in action. He stated he thinks that he fits the criteria. He stated that he received his bachelors from Clark University and his law degree from Suffolk. He stated that he had experiences all over Worcester, had worked as a register of probate, had 70 employees working under him, was a college professor, had met with and negotiated contracts for the Fire, DPW, HMLD dispatch and more. He stated that he believes Mr. Lukes has been working behind the scene and is a smart man that will do a fine job. He stated that after a year they can revisit it but for the sake of the Town he thinks this is the right way to go.
Sel. Kurtz stated that he agreed with Sel. Ethier about Mr. Lukes background. He stated beyond that you needed to look at stability going into budget search and that he thinks it is important to have stability during that time. He stated that he thinks it is important to have a named Town Manager in the role so that they can work with department heads. He stated that he is in agreement with a one year contract to get through budget season and look to see if Mr. Lukes is the right decision.
Sel. Kurtz stated that he had worked hand in hand over some difficult times with Mr. Lukes and that he had made some of those times easier. He stated he is in support of Mr. Lukes and that the Board can revisit it in 6 months. He stated this will allow the Board to work with Mr. Lukes for 6 months and see if they need to have a discussion in the future.
Sel. Herlihy stated she felt differently then she did two weeks ago. She stated if Ms. Kelly was retiring early they would need a true manager to get them through budget. She stated she did not support this process two weeks ago but she does support it now.
Sel. Scheinfeldt stated that he wished Town Counsel was present at the meeting tonight to discuss the timeliness of the motion.
Chairman Renzoni stated that the motion was to enter into negotiations. He stated they would need an executive session to see where the Board wanted to go from and then a negotiation team would work with Mr. Lukes and bring the information back to executive session where the Board could discuss before bringing it back to open session.
Sel. Scheinfeldt stated that was his first concern. He stated secondly for reasons stated on record he believes a full search should be done.
Sel. Scheinfeldt stated that finally, in regards to Sel. Ethier’s motion he had not received any resume or documentation to base this decision on. He stated that he think Mr. Lukes has done a great job and is deserving of consideration for the position but he had not received any documentation at this point to help him base a decision on.
Chairman Renzoni stated that the Town Manager went through the process of hiring the Assistant Town Manager and he had now spent several years under her guidance grooming to be a Town Manager.
Chairman Renzoni stated that if the Board passes up Mr. Lukes and does not given him a shot he will likely take his talents elsewhere and the Board will lose their opportunity. He stated that if he was being passed over he would look elsewhere for work and he does not what to lose Mr. Lukes. He stated that he thinks the idea of a one year contract is a good start. He stated that the Board could discuss in executive session how far they want to go to obtain his services and then a team could go in a discuss it with Mr. Lukes.
Chairman Renzoni stated that the beauty of this is that in a one year contract, the Board could evaluate him in 6 months and then in 6 months they can do a search if need be. He stated that a search would cost $15,000 base to retain a professional consultant and then the expenses that come along with it. He stated at this point he was going to call for a vote on the matter. He stated that he asked the Board that if they pass the vote to please consider making it a unanimous vote to show confidence to the Assistant Town Manager.
Motion by Sel. Ethier, seconded by Sel. Kurtz, it was APPROVED BY A VOTE OF 4-1 TO ENTER INTO NEGOTIATIONS WITH MR. PETER LUKES FOR A ONE YEAR CONTRACT TO FILL THE OFFICE OF TOWN MANAGER FOR HOLDEN. (Scheinfeldt: no; Kurtz: yes; Herlihy: yes; Renzoni: yes; Ethier: yes).
Chairman Renzoni asked without objection to reconsider the vote to make it a unanimous decision. No one objected.
Motion to reconsider carries by a vote of 4-1. (Scheinfeldt: no; Kurtz: yes; Herlihy: yes; Renzoni: yes; Ethier: yes)
Sel. Ethier stated that the unanimous voted was to try to unify support of a candidate. He stated that he feels as though moving forward with Mr. Lukes is good for continuity as well as sets an example to other Town employees that if they do well the Town will look to promote them from within. He stated that he thinks that promoting from within sets a good example for employees.
Chairman Renzoni stated that any further motions to reconsider should come directly from Sel. Scheinfeldt. He stated that Mr. Lukes would be doing most of the budget hearings and Town Meeting. He stated that he understands the need for resumes and search processes but he thinks this is more effective because after he gets through 6 months they will do a review process and if he does a great job they can work on a contract and if he does not they can do a committee to search. He told Sel. Scheinfeldt that if he wanted to reconsider his position at any point, the Board will put up the vote.
Sel. Ethier stated that if this goes forward, it would be appropriate to share resumes and see Mr. Lukes goals and that could actually work almost as an interview process in executive session.
Chairman Renzoni stated that with regards to strategy, he believes the Board will send a negotiating team to Mr. Lukes to begin the process.
Sel. Scheinfeldt asked if any interview would need to be held in open session.
Chairman Renzoni stated they would not be interviewing him, but they could ask if there was a question or the resume or they could request a resume.
Mr. Lukes stated that he appreciated the Boards confidence in him and he is humbled by their words. He stated that he looks forward to bringing the Town through Town meeting and the budget season and hopefully well beyond.
- Follow- Up Citizens Address
Chairman Renzoni thanked the citizens for coming out. He stated that he values input from the citizens.
Sel. Kurtz agreed and thanked the citizens for coming out. He stated that even though the Board decided not to move forward with an open search now, the feedback is appreciated.
Next Meeting: February 6, 2017
Motion by Sel. Ethier, seconded by Sel. Scheinfeldt, it was UNANIMOUSLY VOTED TO ADJOURN THE JANUARY 17, 2017 BOARD OF SELECTMEN MEETING AT 8:31PM.
APPROVED: ___March 6, 2017 (as amended)______________