Board of Selectmen, January 5, 2015
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
JANUARY 5, 2015
6:30PM Memorial Hall
Present: Chairman Anthony Renzoni, Jeremy Kurtz, Robert Lavigne, Mark Ferguson, Kenneth O’Brien
Others Present: Jacquelyn Kelly, Town Manager
Peter Lukes, Assistant Town Manager
Elizabeth Fotos, Recording Secretary
Chairman Renzoni opened the meeting at 6:30PM. The Board stood to recite the Pledge of Allegiance.
- Appointments, Licenses, Permits
Conservation Commission Confirmations
Chairman Renzoni asked Ms. Kelly if she wanted to speak about any of the appointments that were being voted on presently (January 5, 2014).
Ms. Kelly stated that there were some appointments that the Town Manager makes and then the Board of Selectmen confirm. She stated that prior to the meeting, the Board was given letters regarding four reappointments to the Conservation Commission; Luke Boucher, Robert Lowell, Michael Scott, and Kenneth Strom. Ms. Kelly recommended confirming their reappointments and stated that they have been on the commission for a number of years and they do a great job.
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO CONFIRM THE APPOINTMENTS TO THE CONSERVATION COMMISSION AS PRESENTED.
Sel. Lavigne and Sel. O’Brien thanked them for their work in the town and stated that they were all qualified, competent professionals.
- Selectmen Minutes
A motion was made by Sel. Lavigne and seconded by Sel. O’Brien. The meeting minutes were opened up for discussion.
Sel. O’Brien stated that he knew that this particular meeting was one that Sel. Ferguson had issues with. In the effort to extend the olive branch and eliminate future issues, he asked to have a minute taker present for all future meetings. Sel. O’Brien stated that he believed this was a reasonable request.
Sel. Lavigne replied that the Board had always had that.
Sel. O’Brien stated that in the spirit of keeping with open meeting law he would like to ensure that this occurred.
Sel. Ferguson stated that in the spirit of cooperation, he appreciated the olive branch that Sel. O’Brien always finds. He stated that he wanted a town professional (Town Manager or Assistant Town Manager) present within the circle of conversation as well.
Sel. Lavigne stated that as far as the notes were presented, a town professional was present.
Sel. Ferguson replied that the meeting was taken place over there (gestured to the front row of seats in Memorial Hall), two professional reports sat over there (gestured to the opposite front row seats in Memorial Hall). Sel. Ferguson stated that the professional reporters did not know that the meeting was occurring; he questioned how the minutes were taken by someone sitting behind the Town Manager.
Sel. Lavigne stated that it was a posted meeting.
Sel. Ferguson asked who took the meeting minutes.
Chairman Renzoni replied that the Board of Selectmen Recording Secretary, (Liz Fotos) did.
Sel. Ferguson asked how the recording secretary could hear the conversation from her position in the room.
Sel. Lavigne called a point of order stating that Sel. Ferguson was questioning a town employee.
Chairman Renzoni asked if Sel. Ferguson would be voting on the minutes.
Sel. Ferguson stated that he would be voting against the minutes.
Sel. O’Brien asked the Board to please move forward.
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO APPROVE THE DECEMBER 1, 2014 6:15 MEETING MINUTES WITH A VOTE OF 3-1-1(Renzoni: yes; Lavigne: yes; O’Brien: yes; Ferguson: no; Kurtz: abstain).
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO APPROVE THE DECEMBER 1, 2014 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED.
Sel. O’Brien submitted edits regarding the December 15, 2014 meeting. The meeting minutes will be submitted for review at the next Selectmen meeting.
- Selectmen Subcommittee
Sel. O’Brien: nothing to report
Sel. Lavigne: nothing to report
Sel. Kurtz: The Memorial Day Parade Committee has started meeting to kick off the 2015 parade; anyone interested in joining the committee, please contact Sel. Kurtz or the Town Managers office.
Chairman Renzoni: nothing to report.
- Town Manager Update
- Selectmen Meeting Schedule: The Board of Selectmen Meeting Schedule for January through June 2015 was provided. A save the date flyer in January utility bill will be sent out.
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO ADOPT THE BOARD OF SELECTMEN MEETING SCHEDULE AS PRESENTED.
Sel. Ferguson asked if the flyer could be amended to let the residents know that there is a public dumpster at Adams Road that can be used for overflow.
Sel. O’Brien pointed out that the dumpster Sel. Ferguson is referring to is already on the flyer in question.
Sel. Ferguson replied that he would like to see larger text on the flyer.
- Recycling Calendar: A copy of the 2015 Recycling and Trash Collection schedule was provided; additional information about trash and recycling can be found on the website and Town Facebook page.
- Christmas Tree Chipping: The DPW will offer Christmas tree chipping services on Saturday, January 3 and Saturday January 10, 2015 from 8AM to 2:30PM at the Adams Road Garage site.
Sel. O’Brien stated that if a resident could not get to the facility within those hours; they could just drop the trees off prior. He also stated that if you could not drop them off, the Boy Scouts would be doing a pick up as well.
- Selectmen Two-Minute Speeches
Sel. Ferguson spoke on behalf of a Citizen who was a Veteran. He stated that this individual was concerned with the cemetery he called the “Civil War Cemetery” at Park Ave and Main Street. Sel. Ferguson asked if someone would look at the gate and repair them and bring them up to better standards.
Sel. Lavigne again thanked the people who volunteered at the Winter Festival this year. He also asked to have the Town’s Monty Tech representative and the superintendent to come in to meet the Selectmen.
Sel. Kurtz passed on his two minute speech.
Sel. O’Brien used his two minutes speech to let people know that the Town Attorney was not at the meeting as there was a death in his family; he passed his condolences on to Mr. Madaus and his family. Sel. O’Brien also spoke about Mrs. Judy Sikes, a town employee who had just retired; he thanked her for her hard work. He asked for an update on the water/ sewer expenses, and finally, Sel. O’Brien spoke about the paving job that was done on Shrewsbury Street. He stated that it was a poor job and hopefully some remedial work could be done on the road.
Chairman Renzoni used his two minutes to speak about Mrs. Judy Sikes, a 30 year employee of the Town and thanked her for her years of service. He stated that he was able to work closely with her and she would be dearly missed.
Chairman Renzoni called a recess at 6:51PM.
Chairman Renzoni called the meeting back to order at 7:00PM.
- Citizens Address
Chairman Renzoni opened Citizens address at 7:00PM.
Mr. Mark Ferguson, 244 Bailey Road took the podium. He stated that as a Selectman he had been trying to bring three issues forward for discussion. He said that he was unable to do so as a Selectman so would instead take the podium as a citizen to speak. The first issue is that the Town has $3.75 Million in certified free cash. Mr. Ferguson stated that these funds should go back to the citizens and taxes should not be raised.
The second issue that Mr. Ferguson addressed was the removal of voting from public school buildings. He stated that if the Town worked at it, they could remove voting from schools and the schools would not need to cancel as a result.
The third issue that Mr. Ferguson addressed was public safety reports. He stated that the Selectmen receive financial reports from the light department, DPW, and other town departments and that they should also receive public safety reports as well. Mr. Ferguson stated that he started to think these reports should happen when a citizen approached him about the rise in home invasions. He stated that he did not have any answers to the questions that were being asked and wanted to have reports so he could better answer some of these questions. Mr. Ferguson finished by stating that other Towns were able to do this and that Holden should be willing to do this as well.
Chairman Renzoni closed Citizens’ Address.
- Follow up to Citizens Address
Sel. Lavigne stated that he was aware of the rise in home invasions; and that the police department does a good job through social media, the town websites and other media venues to let citizens know what is occurring. He stated that on the town website you can sign up for weekly updates from the Town to see what is happening.
Sel. O’Brien stated that all three issues that Mr. Ferguson brought up were worthy of discussion. He asked if Ms. Kelly could outline the resources that she was reviewing that made the tax increase necessary and her thought process behind increasing the tax rate.
Chairman Renzoni asked Ms. Kelly if she was able to do this.
Ms. Kelly responded that the rate that was being discussed was the projected tax rate. After that is proposed, Fin Com meets as well. She stated that it is explained every year and is a lengthy and complicated process.
Sel. Lavigne stated that everything that Sel. O’Brien had asked for is part of the resource profile.
Chairman Renzoni replied to hold of on discussion of the resource profile.
Sel. O’Brien replied that it was in response to a citizen concern.
Chairman Renzoni replied that as the Chairman, it is his job to place agenda items that are relevant. He replied to the speakers concern, each of the items have been addressed. He stated that free cash was addressed during the joint meeting with Fin Com and that Ms. Kelly had reached her goal of setting the tax rate under 2%.
Chairman Renzoni continued by stating that he had indicated to anyone interested in moving the voting locations that the best place to start that process would be with the registrar of voters.
Finally, Chairman Renzoni stated that the only request that he had seen regarding public safety was a broad topic and he had asked for more clarification prior to placing it on the
agenda. He stated that the Board would not be discussing any of these matters further as they were not on the agenda.
Sel. O’Brien stated that the resource profile speaks about town resources but is not televised. He asked if it could be televised for the public to see the development of the budget.
Sel. O’Brien stated that he believed it was relevant to discuss voting in schools as the Town had other public facilities that could be utilized as voting sites. He stated that while he was not opposed to going to the registrar’s office, he believed it was a discussion worth having.
Mr. Lukes left the meeting at 7:17PM.
Sel. O’Brien stated that the manner in which Chairman Renzoni described Mr. Fergusons comments was incendiary; he said that what Mr. Ferguson was asking for was reasonable. He stated that it was responsible to have department heads give updates to the Board.
Chairman Renzoni interrupted follow up to Citizens address for the public hearing.
Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING FOR RESTAURANT ALL ALCOHOL BEVERAAGES LICENSE, WANG CORPORATION DBA BLUFISH RESTAURANT.
Sel. Lavigne read the public hearing notice into record.
Mr. Lukes returned to the meeting at 7:18PM.
Howard E. Stempler, Seder & Chandler LLP was present to represent Mr. Wei Dong “Wilson” Wang for his application for a liquor license for Wangs Corporation d/b/a bluFish Restaurant at 1134 Main Street, Holden. Mr. Stempler told the Board that that the intention was to create an upscale restaurant in Holden serving sushi and steak. In addition to the restaurant space, he intends on having an office/ apartment on the second floor.
Chairman Renzoni thanked Mr. Wang for investing in the community.
Sel. Lavigne thanked Mr. Wang and asked him about the time frame of the project.
Mr. Stempler replied about six months.
Sel. O’Brien stated that while he was looking through the application it said that the construction contractor was G.B. Brother Construction. He asked if they were also the people providing the loan as well.
Mr. Wang replied that they were.
Sel. O’Brien replied that in MA, the same people were not allowed to do the construction and the financing.
Mr. Stempler told the Board that it was an unsecured loan; not a mortgage. He stated that Mr. Wang had done similar financing for other restaurants where they front some materials and labor for a portion of the project and Mr. Wang pays it back.
Sel. O’Brien asked if they were involved in the corporation.
Mr. Stempler confirmed that they would have no ownership interest.
Sel. O’Brien asked about the section that read “other” on the application. He stated there was a section that allocated $110, 000 and he asked for clarification as to what that was.
Mr. Stempler replied that it was the cost of the kitchen equipment.
Sel. O’Brien asked if the bank would require Mr. Wang to pledge the license as collateral for the loan.
Mr. Stempler replied that while they did not have the official paperwork back from the bank, they had worked with Mr. Wang at his other restaurant locations and that they would request the license to be pledged as collateral.
Sel. Kurtz thanked Mr. Wang for investing in town; he stated that his concern would be parking.
Mr. Stempler replied that information had been sent to the Town Planner and as far as the Town requirements they had enough spaces. He stated that at this point he was waiting on feedback from the Town Planner.
Sel. Lavigne left the meeting at 7:28PM.
Sel. O’Brien asked if they were seeking a variance.
Mr. Stempler replied that they should not need one.
Sel. Ferguson stated that he was excited at the major capital investment. He stated that he hoped the administration would hold their hand throughout the process and help him wherever necessary and that he (Sel. Ferguson) was behind the project.
Mr. Stempler replied that the new owners hoped to make it a win/win situation.
Chairman Renzoni asked how many people were going to be sleeping in the upstairs apartment.
Mr. Stempler replied three.
Mr. Jack Mitchell was present at the public hearing. He stated that he owned the property next to 1134 Main Street. He stated that thus far, Mr. Stempler was very forthcoming with information however he just received the plans (January 5, 2015) and his concern was how the building was laying on the property line. Mr. Mitchell stated that while he was not against it; he wanted some time to digest the information he was given this evening.
Mr. Mitchell asked why the Board was giving the liquor license before the plans when in front of other boards to be reviewed. He stated he would want to better know the layout and conditions before making his decision on supporting it as an abutter. Mr. Mitchell went on to say that he has no complaints about Mr. Wang and that Mr. Wang did in fact have a perfect record but that as an abutter he simply wanted more time to digest the information he just received.
Sel. O’Brien replied that the information that the Mr. Stempler had provided was fairly definitive and that all the Board of Selectmen was doing was approving a liquor license. He stated that the concerns that Mr. Mitchell raised could be brought up to the Planning Board and the ZBA and that as an abutter there would be plenty of opportunity to raise any concerns he may have.
Sel. O’Brien stated that he believed that the application for the liquor license came at this point in the process because if Mr. Wang was not approved for the liquor license, he may not choose to move forward with the project.
Mr. Mitchell questioned if the Board was only approving a liquor license why were they asking detailed questions on things such as seating and bathrooms.
Sel. O’Brien responded that there is a lot of curiosity surrounding the new project however the only decision that the Board of Selectmen was going to make was pertaining to the liquor license.
Chairman Renzoni replied that he agreed with Sel. O’Brien. He stated that Sel. O’Brien had pointed Mr. Mitchell in the right direction with the Planning Board and ZBA but that the decision tonight (January 5, 2015) was regarding the liquor license.
Mr. Mitchell asked the Board what requirements needed to be met by Mr. Wang at this point.
Sel. Lavigne returned to the meeting at 7:40PM.
Ms. Kelly reminded the public that Public Hearing was meant for people wanting to make a statement and that the Board was discussing the issuance of a liquor license to Mr. Wang.
Mr. Mitchell asked what relevant information the Board was considering regarding the matter.
Chairman Renzoni asked if there is any reason the Board would not approve a liquor license for Mr. Wang.
Mr. Mitchell replied that if those were the only questions that were being asked then he had no objections and he was all for Mr. Wang receiving the liquor license.
Mr. Mario Scardamaglia, present owner of Mario’s located at 1134 Main Street stated that his institution had been around for a long time but while he was sad to leave his place to someone else it was time. He thanked the Board of their consideration.
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR A LIQUOR LICENSE APPLICATION FOR WANGS CORPORATION D/ B/A BLUFISH RESTURANT 1134 MAIN STREET, HOLDEN MA.
Sel. Ferguson stated that the project is contingent upon other Boards approvals and that he hopes that other restaurants and entrepreneurs would come forward and take advantage of the tax relief zone that Holden is.
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOSLY VOTED TO APPROVE THE APPLICATION FOR A RESTAURANT ALL ALCOHOLIC BEVERAGES LICENSE TO BE ISSUED TO WANGS CORPORATION, d/b/a blueFISH RESTAURANT, FOR PREMISES LOCATED AT 1134 MAIN STREET, HOLDEN, MA PROVIDED THAT SUCH LICENSE SHALL ISSUE ONLY UPON THE COMPLETION OF THE IMPROVEMENTS TO SAID PREMISES AS SHOWN ON AND IN ACCORDANCE WITH A PLAN ENTITLED, ‘ASIAN RESTAURANT, NEW CONSTRUCTION, 1134 MAIN STREET, HOLDEN, MA’
DATED 11/17/2014 AND PREPARED BY G.B. BROTHERS CONSTRUCTION, INC.
Chairman Renzoni thanked everyone for coming.
Cont. Follow Up to Citizens Address
Chairman Renzoni asked Sel. Ferguson if he was going to answer the citizens (Sel. Ferguson’s) concerns; which were why these items were not being discussed.
Sel. Ferguson replied that it was a very good question as he had complied with the May 21, 2014 rules set forth by the Chairman to try to get them as an agenda item. He was met with opposition and received an email back from Chairman Renzoni saying that the Chairman would only add items to the agenda where appropriate. Sel. Ferguson stated
that he did not see where the items were not appropriate and had reached out to Vice Chairman O’Brien for support.
Sel. O’Brien stated that there was a majority of people that want to have the discussion and he wanted to know if the Board would entertain an overview of the tax rate and why the manger set it where she did.
Ms. Kelly replied that she did not create the process to create the budget. She stated that she spends time working on the budget and then submits it to the Board of Selectmen and Fin Com. Ms. Kelly stated that anyone interested could attend the Fin Com meeting as they were public meeting as well.
Chairman Renzoni replied that Fin Com had always welcomed the Selectmen at their meetings. He stated that he wanted to be clear that the Selectmen do not set the tax rate, the Town Manager builds a budget and she more than exceeded the Selectmen’s challenge by exceeding the goals set.
Sel. Lavigne asked if the Resource Profile could be done at Memorial Hall on camera.
Sel. Ferguson stated that in September, the Board did not know that there was $3.75 Million in certified free cash. He stated that information came to light 8 weeks ago and since that time he had tried to have discussion regarding it. He stated that those funds were the people’s funds and that they should be returned to the people. Sel. Ferguson stated that had the Selectmen had the information on free cash in September, they would have asked for a more aggressive number when setting the tax rate.
Chairman Renzoni stated that he would allow the Town Manager to have the last word on this matter as it was not posted on the agenda. He stated this was another way to have a discussion about something that was posted.
Sel. O’Brien stated that the Town Manager and others agreed to televise the Resource Profile. He stated that he has confidence in the Town Manager and that this is moving the ball in the right direction. Sel. O’Brien said that he simply wanted to have the discussion on the tax rate and have the Town Manger explain her thought process to the public.
Ms. Kelly replied that she would need to speak with Fin Com before confirming that the Resource Profile would be televised. She stated her primary goal is to set a budget. She stated that every year there is free cash and every year some free cash is used to stabilize the budget. Ms. Kelly stated that she has a really good handle on the budget of the Town and that she tries to meet the goals that are set for her.
Chairman Renzoni stated that they would only discuss why the items put forward in Citizens Address were not on the agenda not the free cash.
Sel. Ferguson showed the Board a document and stated that it was issued by Chairman Renzoni and it stated how to get an item on the agenda. He stated he complied with the manner in which to get an item on the agenda however Chairman Renzoni deliberately does not put things on the agenda. He stated that he will not be silenced and he will not sit by as the Chairman says he can’t speak.
Sel. Ferguson continued to say that he proposed ideas as to how to use the money to lower the tax rate; for example maybe $2Million could soften the debt on the new Mountview School but that because the Chairman says no, so it can’t happen. He asked to let the Board set that and discuss options.
Chairman Renzoni replied it was not within their roles. The Board of Selectmen does not present the budget to Fin com.
Sel. Ferguson continued to speak.
Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO ADJOURN THE JANUARY 5, 2014 BOARD OF SELECTMEN MEETING AT 8:00PM BY A VOTE OF 4-1. (Lavigne: yes; Kurtz: yes; Renzoni: yes; O’Brien: yes; Ferguson: no).
APPROVED: _February 3, 2015 as amended_____________________