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Board of Selectmen, January 27, 2014

Meeting date: 
Monday, January 27, 2014

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

JANUARY 27, 2014

 

6:30PM                                                                                                         Memorial Hall

Present:         Chairman Robert Lavigne, Kenneth Lipka, Anthony Renzoni,

Mark Ferguson, Jeremy Kurtz

                      

Others Present:     Jacquie Kelly, Town Manager

                                 Peter Lukes, Assistant Town Manager

                                Stephen Madaus, Town Counsel

                                Elizabeth Helder, Recording Secretary

 

Chairman Lavigne opened the meeting at 6:30PM.  The Board participated in the Pledge of Allegiance.

  1. Licenses – Appointments – Permits

Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO APPROVE A PUBLIC ENTERTAINMENT LICENSE TO DREW WEYMOUTH ON BEHALF OF WACHUSETT REGIONAL HIGH SCHOOL FOR A PARADE/5K FOR 400-500 PARTICIPANTS ON SATURDAY, MARCH 22, 2014 FROM 8AM-10AM PENDING THE RECOMMENDATION OF THE POLICE DEPARTMENT OF TWO CRUISERS AND REVIEW BY THE FIRE DEPARTMENT AS PRESENTED.

 

  1. Selectmen Subcommittees

Sel. Lavigne: Winter Festival Committee: Has not met. Will start meeting again in February.

Sel. Renzoni: Water/Sewer: Will meet on January 30th at 7PM to discuss their budget.

Veteran’s Committee: Next meeting is February 2014.

Sel. Lipka: Municipal Light Department Advisory Board: Has not met.

Affordable Housing: Has not met.

Sel. Ferguson: Not currently serving on a Committee.

Sel. Kurtz: EDC: Will meet the second week in February.  

Memorial Day Parade: Next meeting is January 29th.  

 

  1. Selectmen Minutes

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE DECEMBER 16, 2013 INTERVIEW MEETING MINUTES AS PRESENTED.

Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO APPROVE THE DECEMBER 16, 2013 MEETING MINUTES AS PRESENTED.

A motion made by Sel. Renzoni and seconded by Sel. Lipka to approve the January 6, 2014 Meeting Minutes was discussed.

Sel. Renzoni introduced several amendments he would like made to the minutes.  He handed out the written amendments for the Board to review.  He proposed that the first two sentences of paragraph two on page three be replaced with “Chairman Lavigne reminded Sel. Ferguson that when the Selectboard hired the Town Manager, Sel. Ferguson did not want to go external when a qualified candidate was already in the position.  Sel. Ferguson went on to explain why he would like to see an expanded search for the next Chief of Police.  He said “When you hire civil service, it is next to impossible to remove somebody.  Ok, a Town Manager you can remove.  We’ve shown that. Ok?”  Sel. Ferguson went on to state that he would like to see the next Police Chief require residency.  Currently, he stated, none of the HPD officers eligible for the position reside in Holden.  He stated as a reason for the residency the potential of serious event.  Sel. Ferguson continued with “when we do have crime or horrific incidents such as the Paxton Police Chief, who was assassinated, you want your person that is in charge there as quick as possible.”

Sel. Renzoni’s second amendment included removing the single sentence after the second paragraph on page three.

Sel. Renzoni amended the second paragraph on page four to insert after the first sentence “Mr. Ferguson explained, “Simply put, there is no need, there is no threats, there is no violence, there is no need for a police officer.”

Sel. Renzoni’s third amendment was to insert into paragraph seven on page four “If I may for the benefit for some of you new tourists that might have moved to town rather recently, um, there was a Chief of Police from Paxton who was assassinated.”

Sel. Lipka seconded the amendments.

Sel. Ferguson inquired if the Board was now accepting handouts at meetings.  He said he has submitted handouts at meetings in the past unsuccessfully.  Sel. Renzoni said that since his amendments were lengthy, he had typed them out for the Board to review.  He said he would collect them after the minutes were approved.  Sel. Renzoni said he was correcting meeting minutes that were not captured accurately/out of order.

Sel. Ferguson said he would like to amend Sel. Renzoni’s amendments to include the words “at Selectboard meetings” at the end of the sentence starting “Simply put…” on page four, paragraph two, and insert the words “on the Board” after the word “tourists” in the sentence in paragraph seven on page four.

Sel. Renzoni seconded Sel. Ferguson’s amendment for the purposes of discussion.

Sel. Renzoni said he did not support Sel. Ferguson’s amendments to his amendments because Sel. Ferguson’s amendments were not accurate and were out of order.  Sel. Renzoni said he listened to the meeting several times on Channel 11 to ensure that Sel. Ferguson’s words were captured accurately.

Town Counsel asked that the amendments be taken as separate votes.  He said that if there was doubt over the content of the meeting then the January 6, 2014 should be reviewed.

Sel. Lipka made a motion to move to continue/table discussion on the approval of the January 6, 2014 meeting minutes until February 3, 2014 when a review of the tape can be made.  No one seconded the motion.

Sel. Renzoni said that he was standing by his motions.

Town Counsel asked if the motion makers were willing to withdraw their motions until a review of the tape can be made and discussed at the February 3, 2014 meeting.

Both Sel. Renzoni and Sel. Ferguson agreed to withdraw their motions.

Town Counsel stated that the motion makers would review the meeting tape and report back at the February 3, 2014 meeting for clarification.

  1. Town Manager Miscellaneous

 

  1. Town Manager Kelly addressed some misunderstandings regarding the process to hire a new Police Chief.  Ms. Kelly stated that the Chief’s position is in the Civil Service and the hiring procedures are closed to citizen and elected officials’ participation.  This is the nature of Civil Service.  Once the examination or assessment is completed, a list is generated by Civil Service and the appointing authority selects the top candidates.  The Civil Service Study Committee was formed in June 2009 and was charged with recommending whether the Town Meeting should vote to remove the Chief’s position from Civil Service.  The Committee voted to recommend that the Chief’s position stay in Civil Service.  That means that Civil Service rules and procedures apply to the hiring of a new Chief.  Ms. Kelly said that there is also misinformation surrounding the hiring of town employees through the use of citizen committees.  The Town’s Charter expressly grants authority to the Town Manager, to hire all Town employees.  And, the Town has long standing policies and procedures on how vacancies are filled and these guidelines do not include citizen committees.  In a Civil Service hire, the Town Manager proposes to use one of the options available within available within the Civil Service Guidelines.  The Civil Service Division of the MA Human Resources (HRD) reviews the request and if approved, provides an agreement to be entered into by the Town and HRD relative to the process.  A representative from HRD may directly participate in the examination and will develop the final list.  If approved by HRD, the Town will use a promotional exam/assessment center open to current Holden Police Department employees only.  Ms. Kelly said that it is her belief that the Town should look inside the Department first for eligible candidates.  She said she was confident that the process will result in a list of the best qualified candidates for the Chief’s position. 

 

The next step required by Civil Service will be to hire a qualified, and HRD approved, consultant to coordinate the exam/assessment procedure.  Working with HRD, the consultant will: 1. Determine the attributes to be evaluated by Assessment Center which are based on job analysis data; 2. Design, develop, and construct the assessment center exercises; 3. Assemble the team of Assessors; 4. Administer and score the assessment center exercises, which includes the determination of an appropriate scoring scheme and training of assessors; and 5. Establish the eligible list.

Once the Assessment Center/exam is competed, a ranked list of eligible candidates is devised by the consultant working and the HRD.  The eligible list is forwarded to the appointing authority.  The Town Charter specifies that the Town Manager is the sole appointing authority of town employees.  Ms. Kelly said it was her job as Town Manager to select the best qualifying candidate to fill the Chief’s job.  She reiterated that she was confident that looking inside the Department first and promoting a worthy and qualified candidate would be the best option for the Town.

Chairman Lavigne said that he checked with the Civil Service residency requirements and the candidate must live within 15 miles of the town border.

Sel. Ferguson said that he had several comments that he would like to make regarding the Civil Service process.  Ms. Kelly asked that as a courtesy, any comments regarding Town Manager’s Miscellaneous be held until she completes her miscellaneous in its entirety.  Sel. Ferguson said he would be glad to wait until the end of Town Manager’s Miscellaneous to ask his questions. Sel. Renzoni said that historically, questions for the Town Manager about specific Town Manager Miscellaneous items have been asked and answered after each item. The Town Manager did confirm that she felt that she was being interrupted and asked to finish her presentation before answering any questions. 

  1. The Manager informed the Board that as stated at Town Meeting and throughout the planning process, the Mountview Building project (successfully) process through the special permit/site plan approval.  Representative of the Committee will be present at the first meeting in February to give the Board an update on progress to date and to answer any questions you may have.  The preparations are on-schedule for ground-breaking in late spring 2014.

 

  1. Ms. Kelly reported that the Town DPW has been awarded a grant in the amount of $5,000 from the MA Inter-Local Insurance Agency to further develop our Materials Safety Data Sheet (MSDS) data base and to provide information and training to employees as required by the Right to Know Laws.  As with any organization where employees use or store materials and chemicals, the Town has an obligation to maintain records of MSDS’s and to share that information with employees.  The grant will allow us to update and coordinate town data bases across all departments.

 

  1. Ms. Kelly reported that according to the DPW, Water-Sewer Division has received a 2012 Center for Disease Control Water Fluoridation Quality Award.  According to the former US surgeon C. Everett Koop, MD, fluoridation is the single most important commitment that a community can make to the oral health of its citizens.  To obtain the most benefit to oral health, it is important that water systems maintain consistent fluoride levels in optimal range.  This Award is presented to water systems that accurately adjust the fluoride concentration of their drinking water; achieve a monthly average level that is in the optimal range for twelve consecutive months in a year; and document their fluoride levels in the CDC’s Water Fluoridation Reporting System.  This award also recognized the Town’s investment in ensuring that every resident of the community with access to public water receives the benefit of good dental health.  Thank you to the DPW Water-Sewer Division for the hard work and dedication that garnered receipt of this special recognition.

 

  1. The Board reviewed the DPW Monthly activity reports for the months of October, November, and December 2013.

 

  1. The Board reviewed the Holden Municipal Light Department activity report for December 2013.

 

  1. Ms. Kelly informed the Board that the Holden Fire Department is the recipient of two grants for fire safety.  The first is a Student Awareness of Fire Education (SAFE) grant in the amount of $4,686 to help fund efforts in educating school aged children about fire safety.  The second grant is a Senior SAFE grant in the amount of $3,018.  This money will be used to help fund new initiatives aimed at Holden Seniors.  According to Chief Chandler, both programs will help to make Holden a safer place to live.  The Chief also congratulates Louise Charbonneau, Senior Services Director, Leah Francese-Wood, Clerk-Supervisor at the Fire Department and Fire Lt. Dave Chapin for their successful work in developing these grant applications.

 

  1. The Manager provided an update on the Snow/Ice Account.  She reported that the first snow event of the 2013/2014 season was recorded on November 23, 2013.  Since that date, the town has had twenty-six treatment and/or plow events.  A number of these events were long duration storms that have required overtime.  Frequent and large temperature swings necessitated a number of overnight treatment events.  As a result, there is approximately $27,000 (minus the costs to treat the 1/27/14 storm) remaining unencumbered in the Snow/Ice Account from the original appropriation of $375,000.

 

  1. Ms. Kelly updated that Board on the upcoming FY2015 Budget process.  She said her office has received the state aid estimates as part of the Governor’s proposed budget.  Unfortunately, Holden’s state aid has been level funded as compared with FY14.  The $36.4 billion state budget plan for fiscal 2015 would increase overall state spending by 4.9%, but would level-fund Unrestricted General Government Aid (UGGA), provide an increase of just 2.3% for Chapter 70 education aid, and level-fund and underfund most other municipal and education accounts.  The Governor’s budget would level-fund UGGA at $920M.  State tax revenues are projected to increase by $1.14B, and it was expected that the Governor would share at least some of those funds with cities and towns, especially in UGGA funding, because direct municipal aid was cut so deeply during the recession and is nearly $400M below fiscal 2008 levels.  Ms. Kelly expressed disappointment and said that this news will impact Holden as it works its way through the budget development process.  Communities across the Commonwealth rely on State Aid to help fund police and fire protection, public works, libraries, parks, recreation programs, senior and youth programs, and public education.  Faced with ever increasing costs, and level funded state aid, local governments are forced to increasingly rely on property taxes to support basic service levels.  The Board concurred with Ms. Kelly’s disappointment at this fiscal news.  They asked that she forward correspondence to express their concerns with local legislators and representatives.

 

  1. Ms. Kelly reminded residents that Real Estate taxes are due on February 3, 2014.

 

Town Manager’s Miscellaneous was interrupted at 7PM to proceed with Citizens’ Address.

 

  1. Citizens’ Address

Mr. Jim Dunn, 199 Muschopauge Road, spoke on behalf of the Agricultural Commission regarding a parcel of land located on Princeton Street that was discussed by the Selectmen during a public hearing in November 2013.  Mr. Dunn presented multiple questions and comments as a result of the public hearing and asked that his statement be attached to the minutes for the record.

Mr. Anthony Costello, Whitney Street, Jefferson, spoke as a member of the White Oak Conservation Commission.  He said White Oak now owns over 300 acres of land in town and protects another 240 acres and are working to preserve another 65 acres for public use.  In the past, the Town Manager’s office has given notice to White Oak of property leaving Ch. 61.  White Oak has the resources to protect these lands and hopes that the Town Manager’s office will resume this practice in the future.

 

4. Town Manager Miscellaneous (reopened)

Sel. Ferguson concurred that the Town Manager is the hiring authority for the Police Chief but in the spirit of working together he hoped that the Administration would work with the Civil Service Committee.  He quoted a comment made by Mr. Dunn during Citizens’ Address which called the Town Manager callous.  Town Manager Kelly said she took offense at the comment made by Sel. Ferguson.  Sel. Ferguson asked if he could finish speaking without being interrupted.  Sel. Ferguson quoted from the final report of the Civil Service Committee.  He said the findings of this committee are important and should be brought in to play.  He said he has appealed his position to the Town Manager and she has not yielded calling it “a character trait.”  He said the town should want to hire the best candidate and not exclude itself to only 5 qualified candidates within the HPD.  He also discussed his appeal to have a residency requirement for the candidate who is hired.  Community policing will not be achieved without a residency requirement saying that Andy Griffith lived in town where he was sheriff, putting his pants on one leg at a time.  He added that this is the worst of all the Civil Service byproducts and the town is not accessing the best of Civil Service.   He went on to speak about the Snow Budget which will end up in the red.  Additionally, there is not any good news from the State regarding the FY2015 budget and how it will affect the municipalities, but yet the town can find the money to hire a consultant for the Police Department.

He said whomever is hired should live in Town on the SS Holden like the rest of us.  He said there was an absence of town administration living in Holden: Town Manager, Assistant Town Manager, Fire Chief, DPW Director, Water-Sewer Superintendent all live outside of Holden and he humbly and respectfully requested that the Town Manager consider making a residency requirement for the Police Chief’s position.

Sel. Kurtz asked what the cost would be to hold the exam off site in May 2014.

The Board discussed that a certain number of qualified candidates in the department must apply in order for the process to move forward.  How many have come forward to apply for the position?  Town Counsel and Ms. Kelly said that this was confidential information and could not be revealed without jeopardizing the confidentiality of the hiring process.

Chairman Lavigne said that he has spoken with Police Chief Sherrill who is committed to the safety of the Town.  Chairman Lavigne said the visibility of community policing is not about where you live; it’s about being seen in town.  He did not feel that it was worth $10,000 to move someone 10 or 15 miles.

Sel. Ferguson said he had been around time and said the town should just save the town some money and hire the Lieutenant who we all know is going to get the job.

Chairman Lavigne called Sel. Ferguson out of order. 

Town Manager’s Miscellaneous (reopened)

Sel. Renzoni commented that the agenda has been hijacked once again and asked that the Board move on.

Sel. Renzoni commended Mr. Robinson at the HMLD for his efforts to past due accounts.

Sel. Renzoni discussed the Snow and Ice Account.  Is it time for a reserve fund transfer?  Ms. Kelly said that the procedure was to go before the Finance Committee and ask for permission to deficit spend and then shore it up at the end of the budget cycle.  Free Cash cannot be spent without convening a special town meeting.

 

  1. Follow Up to MMA Conference

Chairman Lavigne said that the annual MMA Conference was held on January 24 and 25 in Boston.  Legal and financial seminars are held specific to State and Local Government issues.  He reported that news of the economic outlook is not good.  Ms. Kelly said that the OPEM issues were discussed (post-employment benefits). MMA has reviewed and made recommendations for changes that need to be made to the rules to offset the costs associated with funding OPEM.  No rescue is going to come from State Government. 

Ms. Kelly also reported that a third round of credits from MIIA will be forthcoming to the town.

 

  1. Follow Up to Citizens’ Address

Chairman reminded those in attendance that he had to recuse himself from the Ch. 61. Public Hearing in November 2013.

Sel. Renzoni requested that the Board set an agenda item for the February 3rd meeting to discuss the establishment of a sub-committee to investigate issues brought to attention by Mr. Dunn and Mr. Costello.  Sel. Lipka said he would also like a legal opinion on the letter presented by Mr. Dunn.

Sel. Ferguson said that he relied on the expertise of the Administration to answer these questions prior to holding a public hearing.  Is the toothpaste out of the tube or is there still something that can be done?  He questioned the procedure of the process the town goes by to assign the right of first refusal and would like to correct it if possible.

Town Counsel commented that serious allegations of legality as well as the process by which the decision was made were made by Mr. Dunn against the Administration.

Ms. Kelly addressed Mr. Dunn and members of the audience said that she has been called many things but callous was never one of them.  She said she was interested in open space both personally and professionally and remains open to working with the Agricultural Commission. 

 

  1. Selectmen Miscellaneous

Sel. Ferguson: 1. Requested an update on Police Union negotiations in Executive Session.  Ms. Kelly said that negotiations were ongoing.

2. When is the current police chief retiring?  Chief Sherrill has not selected his last day of work.

3. Leasing of former police station.  Keep it on radar screen for Town Meeting.

Sel. Lipka: 1. Inquired what it is going to take to convert the jail into an office building that has lost its prime.  He commented that he was tired of running circles around this subject.  Ms. Kelly said that she discussed this issue at the December 16, 2013 meeting.  The town has received several inquiries about leasing.  However, the rules of Chapter 30B create difficulties in hiring a Real Estate Agent for leasing/ sale purposes.

2. Potholes have been terrible this year.  DPW is out and about using cold patch as needed.  Sel. Ferguson commented that 122A seems to have a lot of pot holes this year.  Ms. Kelly said 122A is a State highway and the State must maintain it.

3. Mr. Darryl McCall has still not signed a contract as the new District Superintendent.

4. Commented that he sees a lot of town employees driving around alone; is it possible to coordinate job activities to carpool these employees?

Sel. Lavigne: 1. Papers for Town Elections are available at the Town Clerk’s office.

2. Town Manager Evaluation will take place this spring.

 

  1. Adjournment

Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO ADJOURN THE JANUARY 27, 2014 MEETING AT 8PM.

 

 

Approved: __March 17, 2014_____