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Board of Selectmen, January 20, 2015

Meeting date: 
Tuesday, January 20, 2015

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

JANUARY 20, 2015

 

6:32PM                                                                                               Memorial Hall

 

Present:  Chairman Anthony Renzoni, Robert Lavigne, Mark Ferguson (6:33PM), Kenneth O’Brien (6:32PM)

 

Members Absent: Jeremy Kurtz

 

Others Present:            Jacquelyn Kelly, Town Manager

                                    Peter Lukes, Assistant Town Manager (6:36PM)

                                    Elizabeth Fotos, Recording Secretary

 

Chairman Renzoni opened the meeting at 6:32PM.  The Board stood to recite the Pledge of Allegiance. 

 

Sel. Ferguson entered the meeting at 6:33PM.

 

  1. Town Manager Update

 

  1. Chapter 90 Funding:  Governor Baker has announced that the remainder of this year’s State Transportation Bond funding will be released to municipalities.  Commonly referred to as Chapter 90 money, this means that Holden will receive approximately $300,000 more for its street resurfacing, maintenance and construction programs.  We applaud the new Governor’s action to release these funds.
  2. 7th Safest Community:  Safewise.com a home security and safety based website used independent research, as well as FBI Crime Reports, to put together data on towns in Massachusetts to determine the list of the safest towns.  Holden was ranked the seventh safest community in the Commonwealth.  I would like to recognize Chief Armstrong and the entire staff of the Holden Police Department for their continuing hard work that has resulted in this designation.
  3. Political Calendar:  Enclosed is the Town Political Calendar through June 2015 for your information. It will be placed on our website and in other publications.
  4. Notice of Intent to Sell Chapter 61A Land:  The Town has received a notice from Riley, LLC to convert to residential use, land on River Street.  This is a bona fide offer to purchase land under MFL Chapter 61A-Agruicultural/ Horticultural Land.  The property has been in Classification since FY 2006, under this ownership.  According to draft guidelines which have been developed with the Agricultural Commission, the Town Manager’s Office forwarded the Notice of Intent to the omission in order to provide them the opportunity to review the Notice and make a recommendation to the Board of Selectmen.  We have also forwarded the Principal Assessor’s analysis of the property.  The Commission has approximately sixty days to present their recommendation; the Town has one hundred and twenty days to act on the Notice.

 

Mr. Lukes entered the meeting at 6:36PM.

 

Sel. Ferguson stated he was interest in learning who else was receiving this information. 

 

Chairman Renzoni replied that she would let other entities to know. 

 

Sel. Ferguson asked for proof as to who declined the information.

 

  1. Chapter 61A, APR Land:  Enclosed for your information is a list of all parcels in Chapter 61A, Agricultural/ Horticultural, and under an Agricultural Preservation Restriction.
  2. Recreation Department:  The solar panels are going up on the Recreation Department building at 1420 Main Street.  Other than some final flooring, the building will be completed.  The Recreation Department is completely moved in and programs are underway in the Studio.  We will be moving our IT staff into extra office space on the upper floor, thus opening up some space on the third floor of Starbard.  We are very pleased with the outcome of the renovation of this facility.  It is the first time that Recreation bas ha a permanent home and thee first time we have had a studio for use for activities  I would like to thank the many staff people who have contributed to the improvements at the building, especially the staff of the Buildings, and Grounds Department, Growth Management, and the Holden Municipal Light Department.

 

Sel. O’Brien asked who the company that installed the panels was.  Ms. Kelly replied that she would find out who it was.

 

Sel. Ferguson asked what the pay back on the building was and asked if they could see how long the period to recoup the cost would be on the solar panels.

 

Chairman Renzoni asked Ms. Kelly if the HMLD could do this analysis.  Ms. Kelly stated that she would reach out to see if Mr. Robinson could do this.

 

  1. Settlement of Fire Union Contract: Ms. Kelly shared an enclosed press release regarding the Town’s settlement with the Fire Department Union.  The parties expanding the existing no-smoking requirement to ban E-cigarettes, as a condition of employment.  Holden was the first employer in America to include a provision mandating no smoking in a Union contract, which prohibition was subsequently adopted by the Commonwealth by statute, for all firefighters and police officers

 

 

Sel. O’Brien asked about the housing allowance in the contract.  He asked if that was something that was implemented in other Towns as well.  He asked for more information regarding that part of the contract.  Ms. Kelly stated that it was not ongoing but she would provide more information to Sel. O’Brien.

  1. HMLD Monthly Report:  Ms. Kelly provided the Board with the December operations report for the Holden Municipal Light Department prepared by Jim Robinson, General Manager.
  2. NG’s Smart Grid Program:  Thursday morning Telegram and Gazette contained an attached article about National Grid’s “smart grid” program.  In case you are wondering whether the Holden Light Department is also doing this, the response is that we are not doing it nor do we have plans to do so.  The article references a 2008 law that requires electric companies to come up with a plan.  The Light Department is not covered by this law.
  3. Revenue and Expenditure Reports:  Ms. Kelly provided a revenue and expenditure reports for the period ending November 2014, prepared by Lori Rose, Town Accountant
  4. ABCC Licenses: The Town Clerk has included in the packet for the Selectmen a list of liquor licenses issued ruing the year 2014.
  5. ALB Signs: You may have noticed that at lease one sign has been placed on Main Street north of Route 31, near the railroad overpass, alerting motorists that they are leaving the Asian Longhorned Beetle quarantine area and that no wood is to be brought outside the area.  This is a reminder that the ALB infestation is still an unfortunate reality in Holden and surrounding towns and that the management regulations continue to be in place.  Sel. O’Brien asked to put the sign back up at Holden Pool that showed what the beetles looked like and what to do if you saw them.    
  6. Urgent Care: Ms. Kelly recently met with Dr. Rick Freniere, one of the group of physicians who will be opening a new urgent care, walk-in medical services center in Holden.  Urgent Care-Holden, will be opening in March 2015 next to Rite Aide Pharmacy, at the corner of Shrewsbury and Main Streets.  This is a very exciting prospect for the residents of Holden and in the greater Wachusett area.  There will be quality medical care available on a 24/7 basis, as an alternative to going to a hospital ER.  The owners have successfully operated another Urgent Care facility in Wilbraham, MA. The average wait time is fifteen minutes.  There will also be radiology services available as well as lab services.    
  7. New police officer: According to Chief Dave Armstrong, effective January 15, 2015, the Town hired William Beaudry as its newest police officer.  Officer Beaudry transferred ‘laterally’ from the Charlton Police Department where he served as a police officer for twenty-two years.  While in Charlton he worked in different capacities including K-9 Officer, detective, and DARE officer.  Officer Beaudry is experienced and well trained.  He served in the Marines and the Army for sever years; he is a graduate of the FBI National Academy, and has attained a Bachelor’s Degree in Criminal Justice, a Master’s Degree in CJ and a Master’s Degree in Public Administration.  We welcome Officer Beaudry who grew up in Holden and attended Holden public schools including Wachusett Regional High School Chairman Renzoni asked when this was budgeted.  Ms. Kelly replied that it was in last year’s budget (2014).  Chairman Renzoni asked if there was another new position.  Ms. Kelly replied that there was not.   

 

Sel. O’Brien told the public that there was a community meeting tonight (January 20, 2015) as there was a few recent break-ins.  He commended the police force for conducting these meetings and stated it was good for the community.   

  • The MMA Annual Meeting and Trade Show:  The annual MA Municipal Association’s Annual Meeting and Trade Show is scheduled for January 24-25, 2015 at the Hynes Convention Center.

 

  1. MMA Business Meeting Resolutions

 

Chairman Renzoni spoke about Resolution A (resolution ensuring a strong and enduring fiscal partnership between cities and towns and state government in Fiscal 2016 and beyond), B (resolution relative to investments in municipal capital projects to facilitate economic growth and protect the health and safety of citizens), and C (resolution ensuring a modern and sustainable personnel management and benefit system to attract and retain public employees, provide excellent municipal services, and ensure prudent use of taxpayers dollars).  Chairman Renzoni recommended supporting all the resolutions and asked for a motion from the Board. 

 

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO SUPPORT RESOLUTION A, B, AND C OF THE MMA FISCAL POLICY.

 

  1. Town Manager’s Evaluation Process

 

Chairman Renzoni told the Board that contractually for February 1, 2015, the Town Manager’s evaluation should be completed.  Chairman Renzoni reminded the Board that at a meeting last year (2014) it was discussed to strike some of the subcategories and to not require comments to be made.  The Chairman stated that he would be putting together a summary from all of the Selectmen’s evaluations and encouraged comments to help ensure the evaluation was done in a through manner.  He told the Board he would be sending electronic copies of the document to them as well. 

 

Sel. Lavigne suggested making comments mandatory for the ratings of “unsatisfactory” or “exceptional” to increase transparency and help better rate the Town Manager.  He stated that the evaluation was meant as feedback to the manager and he again encouraged the Board to comment accordingly.

 

Chairman Renzoni stated that it was the will of the Board and asked if anyone was in favor of that requirement.  Chairman Renzoni stated that there was no vote to support comments for “unsatisfactory” or “exceptional”, however he asked the Board to comment accordingly.

 

  1. Citizens Address

Mrs. Margaret Watson, 94 Boyle Road addressed the Board regarding the issue of changing the Wachusett District School calendar by changing the voting locations in Town.  Mrs. Watson stated that she was a member of the Wachusett School Committee several years ago when this issue was brought forward and based on student safety the committee had two choices; move the voting places out of the schools, or eliminate election days from the school calendar.  She told the Board that several of the towns indicated that they had no choice in the matter as they had no other buildings to conduct balloting. Mrs. Watson told that Board that based on this, the School Committee eliminated election days as instructional days from the calendar but used them as professional days for teachers and staff members. 

 

Mrs. Watson told the Board that the school calendar is passed by the Wachusett District School Committee in early spring for the next academic year.  The Department of Elementary and Secondary Education dictates the number of school days and instructional hours in any given academic year.   She stated that there is no question that the students are receiving the full benefits of their education.  Mrs. Watson also stated she felt as though use of professional days allows staff members to receive new information and instructional methods to pass along to the students.

 

Mrs. Watson finished by stating that she does not believe the Holden Board of Selectmen has the authority to insert themselves into the Wachusett District school calendar.  She recommended any concerns be directed to the superintendent or the chair of the School Committee to attend a regular meeting of the School Committee to voice the concern that that time. 

 

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

 

Sel. Lavigne asked to speak prior to Mr. Ferguson addressing the Board.  Sel. Lavigne stated that the Board had been speaking about accusations of open meeting complaints in prior meetings.  He stated that he had been reading up on open meeting law guidelines and he felt that a selectman could not just take off his selectmen’s hat and go up and speak about a topic that was not previously on the agenda.  Sel. Lavigne asked for Mr. Ferguson to refrain from doing this until legal counsel could speak to the matter.

 

Sel. O’Brien stated that he felt as though the Chairman had implemented some rules that prevented some members from bringing issues forward.  He stated that he does not believe that there is any issue with Mr. Ferguson taking the podium as a citizen. 

 

Chairman Renzoni asked Ms. Kelly to reach out to legal for an answer to Sel. Lavigne’s question however he felt as though no citizen should be held from speaking and therefore

felt as though Mr. Ferguson should be allowed to speak at Citizens Address.  Chairman Renzoni stated that while he did not believe there was an issue with the initial speech at the podium what he did want to limit was the back and forth between “Citizen Ferguson” and “Selectman Ferguson” during the follow up to Citizens Address.

 

Sel. Lavigne again stated that he believed this was going to be a violation and encouraged the Board to be careful.

 

Chairman Renzoni stated that if there was an accusation of violation the Board could discuss self reporting as a Board or as individuals.  The Chairman again stated that he does not believe anyone should be stopped from speaking during Citizen’s Address and that he would wait for an opinion from counsel to determine if self reporting was necessary. 

 

Sel. Lavigne again cautioned the Board and said that he felt as though the open meeting law was important and in his opinion being violated.  He stated this was not how to do business. 

 

Chairman Renzoni stated he would object to follow up however as the Board had allowed this previously he was not going to prevent Mr. Ferguson from speaking. 

 

Mr. Mark Ferguson, 244 Bailey Road addressed the Board.  He stated that as a tax paying resident he had earned the right to speak and would do so.  He then declared thrice that the Selectmen would “never” take away his microphone.

 

Mr. Ferguson stated that there were three matters he would like to discuss.  The first was that he did not believe that voting belonged in the schools.  He stated that he believed that the five towns could work together for a solution and improve on the education by not interrupting the school weeks. 

 

The second matter Mr. Ferguson discussed was the $3.75 Million in free cash.  Mr. Ferguson stated that the Town’s people had put money forward to support the Town whenever needed and that that the Town should repay its citizens.  Mr. Ferguson stated that there was a number of ways to repay its people; not raising taxes and all or taking a portion of the money (he suggested $2 Million) and putting it towards Mountview School to lesson the burden.  Mr. Ferguson stated there was ways to do it but the money should go to the people and business in Town.

 

The third matter Mr. Ferguson discussed was the need for monthly reports from the public safety sector.  He stated that the Board receives monthly reports from DPW, HMLD, and other Town Departments and he felt as though one from the public safety sector was necessary as well.   Mr. Ferguson stated that this could be an opportunity to be informed of new officers, increased house breaks, or other things that surround the public safety sector and that the Town was missing an opportunity that other communities take advantage of. 

 

 

Chairman Renzoni closed Citizens Address.

 

  1. Selectmen Subcommittees

 

Sel. O’Brien’s committees had not met.

 

Sel. Lavigne’s committees had not met.  

 

Chairman Renzoni stated that AgCom was meeting currently (January 20, 2015) and as Ms. Kelly had mentioned the 61A property is in final draft form.

 

  1. Selectmen Minutes

 

No meeting minutes were available for approval.

 

  1. Follow Up on Citizen’s Address

 

Sel. O’Brien stated that in light of the information that Sel. Lavigne presented, he was not going to follow up on Citizens Address.

 

Sel. Lavigne stated that one of the things that Mrs. Watson brought up that was interesting was the voting days being used as professional development days for the staff members.  Sel. Lavigne stated that those days were mandatory days for teachers so it did make sense to do them on election days. 

 

Sel. O’Brien thanked Mrs. Watson for bringing up that information as well.  He also stated he would like the Town to emphasize voting so the people knew the importance the Town placed on getting out to vote. 

 

  1. Selectmen’s Two-Minute Speeches

 

Sel. Ferguson asked to speak last.  The Chairman allowed it.

 

Sel. O’Brien stated that he had received a few calls from the Cranbrook Drive neighborhood and he was happy that the Chief of Police was going to meeting the community members to speak with them about the break in’s.   He also stated that he thought that the Board was going to hear from the DPW Director and he asked for a follow up on that.

 

Sel. Lavigne spoke about the Town receiving the 7th safest community ratings from safewise.com.  He stated that he believed it was the 2nd straight year that the Town was rated as a top 10 safest community.  Sel. Lavigne also stated that he was happy about the economic grown the town was seeing with new businesses, restaurants, and other expansions.  He stated the urgent care facility was going to be great for the community and thanked the administration for their help in getting that business into the community. 

 

Chairman Renzoni indicated for Sel. Ferguson to begin his two minutes. 

 

Sel. Ferguson told Chairman Renzoni that he wanted to be last.

 

Chairman Renzoni told him it was his turn to speak and that as the Chairman he reserved his right to speak last.

 

Sel. Ferguson stated that he again stood in protest to the changes that were made by the Chairman that there was no Selectmen Misc.  He stated that he had once again asked for three agenda items and had received no opportunity to speak as an elected official because the Chairman wouldn’t allow it.  Sel. Ferguson stated he had also reached out to the Vice Chairman in order to have agenda items added and he was still told no.  Sel. Ferguson stated that he was not allowed to speak and that as an elected official it was his right to do so.  Sel. Ferguson stated that he thought that they could all embrace and defend that right but unfortunately that was not the case.

 

Chairman Renzoni gaveled Sel. Ferguson for time.  He offered Sel. Ferguson his two minutes.  Sel. Ferguson accepted the Chairman’s two minutes.

 

Sel. Ferguson stated that the policy was heavy handed and called the Chairman a dictator.

 

Chairman Renzoni gaveled Sel. Ferguson because he was calling the Chair names. 
 

Sel. Ferguson continued to speak. 

 

Chairman Renzoni told Sel. Ferguson to stop.

 

Sel. Ferguson stated that one person didn’t like what he was saying so he prevented his from speaking. 

 

Chairman Renzoni gaveled Sel. Ferguson and told him that he was out of order.

 

Sel. Ferguson stated that he was not name calling he was merely stating characteristics of a dictator and the Chairman took it to mean himself.

 

Sel. Ferguson asked if that meant that he did not get the Chairman’s two minutes.   He continued to speak.

 

Sel. Ferguson then declared his popularity in the local newspaper reader’s poll and suggested there was an atmosphere of jealously amongst his peers.

 

Chairman Renzoni gaveled Sel. Ferguson again.  Chairman Renzoni asked for a motion to adjourn.

 

Motion by Sel. Lavigne, seconded by Sel. O’Brien it was VOTED TO ADJOURN THE TUESDAY, JANUARY 20, 2015 BOARD OF SELECTMEN’S MEETING AT 7:24PM BY A VOTE OF 3-1 (Lavigne: yes; Renzoni: yes; O’Brien: yes; Ferguson: no).

 

 

 

 

 

APPROVED: _February 3, 2015, as amended________