Board of Selectmen, June 5, 2017

Meeting date: 
Monday, June 5, 2017

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

June 5, 2017

 

7:00PM                                                                                               Memorial Hall

 

Present: Chairman Robert Lavigne (7:58PM), Geri Herlihy, Tim Ethier, Jeremy Kurtz, Anthony Renzoni

 

Others Present:            Peter Lukes, Town Manager

                                    Liz Fotos, Town Recorder

 

Sel. Herlihy called the meeting to order at 7:06PM.  The Board stood to recite the Pledge of Allegiance.

 

  1. Appointments, Licenses, Permit

 

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE REAPPOINTMENTS FOR THE ZONING BOARD OF APPEALS FOR SILVIO ANNUNZIATA, FOR A THREE YEAR TERM TO EXPIRE ON 5/31/2020, ROBERT BUTLER, FOR A THREE YEAR TERM TO EXPIRE 5/31/2020, AND FREDERICK LONARDO, FOR A THREE YEAR TERM TO EXPIRE 5/31/2020 BY A VOTE OF 4-0.

 

Motion by Sel. Renzoni, seconded by Sel. Ethier  it was VOTED TO APPROVE STEPHEN LASKA ON BEHALF OF CENTRAL MASS STRIDERS FOR A PARADE PERMIT FOR THE 54TH RUNNING OF THE FRED WARREN 5.5 MILE ROAD RACE ON SUNDAY, JULY 30, 2017 FROM 6:30PM TO 8:30PM BY A VOTE OF 4-0.

 

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was VOTED TO APPROVE DENISE MORANO ON BEHALF OF HOLDEN RECREATION FOR A COMMON VICTUALER FOR SALE OF SNACKS AT THE HOLDEN POOL FROM JUNE 23, 2017 TO AUGUST 25, 2017/ MONDAY-FRIDAY 10:00AM TO 6:00PM  AND SATURDAY AND SUNDAY NOON- 6:00PM AS PRESENTED BY  VOTE OF 4-0.

 

A Motion was made by Sel. Renzoni and was seconded by Sel. Ethier regarding the approval of a license to sell wine at the Farmer’s Market.

 

Chairman Renzoni asked if both the Board of Health and the Chief of Police signed off on it. 

 

Mr. Lukes replied that it did not need to be signed off on because it was a Farmers Market/ Agricultural event. 

 

Chairman Renzoni stated that the Board would review the beer/wine policy in the future.

 

Mr. Lukes clarified that it was just for wine.

 

Sel. Kurtz stated that this was an abnormal way to do this, as with regular beer/wine ales, there is usually an individual named that was certified and trained accordingly.  He asked if that was not required by the state in this instance.

 

Mr. Lukes replied that they would have all the requirements.

 

Sel. Kurtz stated that he was okay with approving the motion but suggested an amendment that the Town Manager receives the correct certification before issuing the license.

 

Sel. Renzoni asked which training Sel. Kurtz wanted.

 

Mr. Lukes replied that he believed that the clerk had everything that was needed; he stated it was not like a the regular sale of beer and wine, it was specific to this type of event.

 

Sel. Renzoni suggested a potential amendment be to not authorize the Town Manager to issue the license until they are within full compliance with MA General Law.

 

Sel. Kurtz agreed with that amendment; Sel. Renzoni seconded it for conversation.

 

Sel. Ethier stated that he did not feel the amendment was necessary.  He stated that no alcohol was being served and he felt that the Board was making this into an issue when it did not need to be.

 

Mr. Lukes stated that TIPS was based on serving so it would not be that.  He stated that this particular winery serves at other Farmer’s Markets as well so he was confident they had all the certification that they needed it.

 

A vote to the amendment was called.  The Motion failed by 0-4 vote.

 

Sel. Ethier stated that before the Board voted on the main motion, that there had been some concern that was expressed locally about Holden Farms not being allowed into the farmers market.  He stated that he believed there was now an amendment made that would allow the Holden Farms in and that Lilac Hedge Farm had been invited.  He stated he was very pleased with that.

 

Motion by Sel. Renzoni, seconded by Sel. Ethier it was   UNANIMSOULY VOTED TO APPROVE MARISSA O’CONNOR ON BEHALF OF AGRONOMY FARM VINEYARD FOR A FARMERS MARKET LICENSE TO SELL WINE FROM JUNE 6, 2017 THROUGH OCTOBER 31, 2017 / TUESDAYS 3:00PM TO 6:00PM AT THE DAMON HOUSE PARKING LOT DURING FARMER MARKET PENDING FINAL RECOMMENDATIONS OF BOARD OF SELECTMEN CONCERNING DATES AND FEES

 

Sel. Ethier stated that Lilac Hedge had an upcoming event in July as well.

 

  1. Bond Signatures

 

Sel. Ethier asked for the Town Manager to explain the purpose of the bonds.

 

Sharon Lowder, Town Accountant was present at the meeting.  She stated that the Town was permanently bonding the Mountview Building for $4 million. She stated that the Town would be permanently borrowing to pay for the rest of the bills. 

 

Sel. Ethier asked if the Town spread the bonds for 20 years.

 

Ms. Lowder agreed. 

 

Sel. Ethier stated the reason behind that.

 

Ms. Lowder stated that they make it less every year because the Town was constantly borrowing and doing new projects and they needed to do that especially for a project of this size.

 

Sel. Ethier asked if the rate started at 2% and then went up.

 

Ms. Loweder stated that the 2% was the coupon rate.  She stated the Town was given a premium for $600,000 so we have the reduced net rate over the life of the bond.  She stated that was why the payments and rates would change.

 

Sel. Ethier asked what gave the Town the premium.

 

Ms. Lowder replied the Town’s rating in addition to other things.

 

Sel. Ethier asked what the Town’s current rating was.

 

Ms. Lowder replied it was AA +

 

Sel. Ethier asked if that was top rated.

 

Mr. Lukes replied AAA was the top.  He stated that the Board was told during the budget process that the Town would be doing its permanent borrowing based on favorable rates. 

 

Motion by Sel. Renzoni, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO APPROVE THE BOND SIGNATURES AS PRESENTED (SEE ATTACHED).

 

  1. Citizens Address

 

Karen King, 45 Millwood Drive was present at the meeting.  She stated that herself, Maureen Florian and Margret Watson were at the meeting to present to the Board two signs that were created based on a National Project called ‘Hate Has No Home’  She stated that as the Democratic Town Committee, they wanted to sponsor this campaign in the community and in Worcester County.  She stated that they had yard signs and posters printed and the message was written in six languages, the 5 primary languages, English, Spanish, Portuguese, Vietnamese, French, and Arabic.

 

Ms. King stated that the project began in a neighborhood in Chicago and the signs were designed by kids in an Elementary Schools.  She stated that the whole idea of the signs was that the communities were inclusive and everyone was valued and everyone was welcome.  She stated that they were hopeful that everyone would support this project.  She stated that they were doing the launch of the campaign on Saturday, June 10, 2017  in front of Town Hall.  She stated that the signs were sold at cost and that this was not a fundraiser.  She stated that the yard signs were $6 or 2 signs for $10.  The posters were $2 each but they were also donating posters free of charge to non profits.  She stated that they were hopeful that the schools would be interested as well and they would also make them available to the schools free of charge.  She stated that they wanted to share these with the community and was hopeful that the Town would support these efforts.

 

Ms. King presented Mr. Lukes with two signs. 

 

  1. Summer Meeting Schedule

 

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO APPROVE THE SUMMER BOARD OF SELECTMEN MEETING SCHEDULE / 2017 BOARD OF SELECTMEN MEETING SCHEDULE FROM JULY-DECEMBER AS PRESENTED.

 

Mr. Lukes reminded the Board that the next few meetings would be held at the Senior Center.

 

  1. Town Manager Update

 

Revenue & Expenditure Reports: The Year-To-Date Revenue and Expenditure Reports for the period ending April 2017 are attached for your review.  These are prepared by Lori Rose, Town Accountant.

 

Employee Picnic, June 15, 2017: We will be having the annual Employee Recognition Picnic on Thursdays, June 15, 2017 from Noon to 2PM at Trout Brook.  The Event will be catered so everyone can enjoy themselves, and the Selectmen will be awarding service pins.  So all can attend, we recommend that the Selectmen vote to close town business offices from Noon to 2:00PM on that day.  We will put up notices to the public to avoid any inconveniences.  We thank you in advance for sponsoring this event.

 

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was UNANIMOSULY VOTED TO APPROVE CLOSING TOWN BUSINESS OFFICES ON THURSDAY, JUNE 15, 2017 FROM NOON TO 2:00PM FOR THE ANNUAL EMPLOYEE RECOGNITION PICNIC. 4-0

 

Town Meeting Proceedings: Enclosed is a copy of the Proceedings from the Annual Town Meeting for your information.

 

HMLD Monthly Report: Enclosed is the monthly report for the Holden Municipal Light Department for the month of April 2017, prepared by Jim Robinson, General Manager

 

Opening of Town Pool: The Municipal Pool opened on Saturday, June 2 from Noon to 4:45PM for weekend swim.  The pool will be open only on weekends in June, during these same hours, until June 23 when it will officially opens at 1PM fro the season.  After June 23, normal hours will be 11:00AM – 7:15PM daily when no classes are being held, 1:00-7:15PM when classes are being held and 11:00AM – 7:15PM on the weekends.

 

MIIA Member Participation Credits: The MIIA Property & Casualty Board of Directors approved an additional participation credit for $2.8 Million, bringing the total distribution of additional participation credits since 2009 to $32 million. These credits are returned to members of the Property & Casualty Group each year.  Participation credits recognize long-term loyalty and commitment by MIIA members.  Holden’s shares of this round of credits is $9,800 which will be applied against our renewal invoice on July 1, 2017.

 

Sel. Ethier asked what the annual payment to MIIA was.  Mr. Lukes replied that he did not know but that he could get that information to the Board.

 

Safest Communities: Holden was recently listed in the Top 20 Safest Communities in the Commonwealth of Massachusetts by two different online organizations that rank cities nationally. Safewise.com listed Holden as the 19th safest municipality in Massachusetts while LendEDU.com listed Holden as the 20th safest municipality in the state.  Both organizations used public crime data and FBI statistics when compiling their reports.

 

Sel. Ethier wished to recognize Chief Armstrong and Chief Chandler for their efforts.

 

MMMA Committee: Our own Police Chief David Armstrong was appointed to the Massachusetts Municipal Manager Associations “Manager/Police” Chief Joint Committee.  This is a newly formed committee that will study and recommend policies for management / police relations as well as addressing emerging issues in law enforcement in the municipal setting.  Chief Armstrong is one of the only four chiefs statement to serve on this committee. Foxboro, Town Manager Bill Keeegan will serve as Chairman.

 

Sel. Kurtz congratulated Chief Armstrong.  He stated that the Chief did have a variety of other obligations and asked if this would be putting too much of a strain on him. 

 

Mr. Lukes replied he was confident that the Chief could handle this, and that they would be meeting approximately once or twice a month so the time commitment was not a large one.

 

Street Light Conversion: The Holden Municipal Light Department is entering the next phase of streetlight conversion to LED lights which will be not only cost saving but environmentally conscious as well.  Enclosed in your packet is a brief overview of what the program has done to date and the next steps, which will be the actual replacement of the fixtures over the next twelve months.

 

Lilac Hedge Farm: Mr. Lukes stated that Lilac Hedge Farm would be having a festival on July 22 and 23. He stated this was a great way to support the Town’s local farms.

 

  1. Follow Up to Citizens Address

 

Sel. Kurtz thanked the citizens for coming out and speaking about this campaign.  He stated that he had seen a few things on Facebook and asked how people could get involved or get more information.

 

Ms. King replied that she would leave some flyers and that the email address to get in contact with them was hhnhhWORCCTY@gmail.com .  She stated that people could email if they wish to purchase a sign or find them on Facebook at Hate Has No Home Here Worcester County Mass.

 

Sel. Ethier thanked them for coming out; he stated that he appreciated the work and felt like that was a great slogan.

 

Ms. King stated that they wanted to get out in front of this and that they were hopeful that other communities would join the movement as well.

 

  1. Selectmen Subcommittee

 

Sel. Kurtz: none

 

Sel. Ethier stated that Ag Com met and they were pleased that the rule change that they proposed passed.  He stated that they were also encouraged that Holden Farms were going to be let into the Farmer’s Market.  He stated that Summit Wynds had started new programs with goats and were starting to grow lavender and raising pigs.  He stated that they were expanding farm activities and Ag Com was busy with that.

 

Sel. Ethier stated that the DPW Building Committee met and was happy that Town Meeting agreed to acquire the land at 18 Industrial Drive.  He stated that he knew the Town Manager was coming up with a plan for the 23 acres so it was not going to be just DPW but the Committee was thrilled at the outcome.  He stated that they would be doing a walk through Wednesday night and that he believes they want to do a proposal in the fall for the facility.

Sel. Kurtz stated that the tour was not open to the public on Wednesday night because the site was still a safety concern. 

 

Sel. Renzoni stated that the VA Committee met several times to tie up the Memorial Day Parade.  He thanked the businesses and residents in Town for their generosity as well as the Town Managers office for all the support they gave.  He thanked Sel. Herlihy and Sel. Kurtz for assisting with the reflagging and he also thanked all the volunteers for their assistance.  He stated it was a great event and they would be meeting in the near future to discuss preparations for next year.

 

Sel. Renzoni stated that Fin Com would be meeting June 6, 2017 for an after action review of the budget and to do a pro/con list to see how to improve the past budget season.

 

Sel. Herlihy stated that the Garden Committee was working on the Kramer Property and the soil testing they have done thus far. 

 

  1. Sel. Miscellaneous

 

Sel. Ethier stated he was part of the Eagle Scout review process for Adam Dion who was working on a project of large benches.  He stated that he was an outstanding young man and people like him made you proud that there were these people in the community.  Sel. Ethier congratulated him and Troop 182 as there were many Eagles in that troop and they had years of great scouting.

 

Sel. Ethier stated that he had received a few complaint from people in Town with regards to truck traffic.  He stated that he did not think that there was a truck ban on Holden Street but that he felt as though the Town should revisit the possibility of putting a ban on.  He stated that the acceleration, speed and time they were driving on the road made it disturbing for residents.  Sel. Ethier stated that in addition to Holden Street, Quinapoxet Street was having some issues with trucks as well.  He stated that on this street there was issues with Sand and Gravel Trucks and that while they were allowed to operate many people felt that the turns they were taking were hazardous especially with the school buses coming down the street as well.  Sel. Ethier stated that he understood that this was not on the agenda but he was hopeful that it could be added to the agenda at some point in the near future.

 

Sel. Ethier stated that Sel. Herlihy had also been contacted by the Eagle Lake Group that were concerned with the condition of the lake and dam.  He stated that it was a complicated issue with the dam owned by three parties.  He stated that he felt that the Board should look into this matter and take an interest in the dam and see what the Board could do to help these people. He stated that the Recreation Department ran Eagle Lake and he was hopeful that the Town could do something to help keep this recreational spot up and running.  He stated he hoped the Board could discus that in the future as well.

 

Sel. Herlihy stated that they were trying to get a Phase 2 Study done in order to determine how much work the dam needed and what the cost would be to fix it.

 

Sel. Ethier stated that he felt that Eagle Lake was an important Recreation Area for Holden.

 

Sel. Ethier handed out a document to the Board.  He stated that it was an email dated May 5, 2017 sent to his Town email.

 

Sel. Renzoni stated that he believed this was out of order.  He stated that it is not in the discretion of Miscellaneous and it was not an item on the agenda.  He stated that this document was suggesting an ethical violation occurred and the citizen it was being alleged against was not present at this time.  He stated that he did not believe this to be within the Board of Selectmen’s authority and that the Chair should encourage Sel. Ethier to stop and that this should not go any further.

 

Sel. Ethier stated that this was public information.  He stated it was sent to a Board of Selectmen’s Town email and it needed to be discussed.  He stated that he was not taking a side but it was sent to him and he thought the record should be made.

 

Sel. Ethier began to read the email.

 

Sel. Renzoni called a point of order.

 

Sel. Ethier stated that he should be able to read the email.

 

Sel. Herlihy stated that she does not think so.  She stated that Mountview was a Committee that was appointed by the Town Manager.

 

Sel. Ethier stated that the person that wrote the email though it was in the purview of the Board. He stated that he felt as thought he had an obligation and that he did not know what the Board was trying to hide.

 

Sel. Herlihy stated that it was not the Board’s place to do this.

 

Sel. Ethier stated he was just giving public information.

 

Chairman Lavigne entered the meeting at 7:58PM.

 

Sel. Ethier stated that he had waited on this for a few months.  

 

Sel. Renzoni stated that the Board would be discussing in the meeting minutes this discussion and debate shortly.

 

Sel. Ethier replied that this had nothing to do with him.  He stated that the person who wrote the email asked that his name be redacted and that was why he did not forward it to the Board.  He stated that he did not ask for an agenda item and they did not need to discuss this but he wanted to bring up the issue that someone in Town raised and that he (Ethier) thinks should be forwarded to the Ethics Commission.

 

Sel. Renzoni stated that he had the floor.  He stated that for one, the person in question was not present at the meeting and it was out of practice for the Board to have a discussion on someone’s ethics without them.  He stated that the Board did not have the authority to do so regardless and that if someone in Town thinks that there was an ethics violation that person can file with the State Ethics Committee.  Sel. Renzoni also stated that the email began, “As per our conversation….”

 

Sel. Ethier stated that if Sel. Renzoni was going to reach a portion of the email he should read the whole thing.

 

Sel. Renzoni stated that at least one Selectmen would say that the debate has been settled.  He stated that the Town Manager had reached out to Town Counsel to ensure that there was no violation.  He stated that this matter was not on the agenda and that traditionally Selectmen Miscellaneous was light lifting and to introduce this in order to take a vote to move forward with an ethics violation is out of order. 

 

Sel. Lavigne apologized for being late.  He stated that this was the first he had seen this and hearing what Sel. Renzoni had said, he is in agreement with him (Renzoni) that this matter was more than a ‘Miscellaneous’ item.  He stated that this was something that could have been forwarded to himself and the Town Manager if it needed to be put on the agenda.

 

Sel. Ethier stated that he would do that for future meetings.  He stated that he had intentionally waited a month to bring this forward so as not to bring it before Town Meeting as the Chair of Fin Com spoke a lot at Town Meeting.  He stated that he felt that this constituted being passed along and that he told the person to put the complaint in writing and that he would share it with the rest of the Board.  He stated that he did not want his name used so it was blacked out.  He stated that if the Board wanted to discuss the matter in the future so be it.

 

Chairman Lavigne stated that it was his understanding of the BOS Handbook or Town Charter that if any members of elected positions or appointed to a Board comes into conflict they have to inform the Board of Selectmen immediately.  He stated that it was his understanding that this matter in question was bought to the Board in reasonable time and the Board was already aware of it.

 

Sel. Renzoni stated that the Town was made aware of this persons in question and they went to the Town Manager and Town Counsel in order to get Counsel’s opinion on the matter.  He stated that Town Counsel stated that no conflict exists.  He stated that as a Board, the Board of Selectmen has no oversight on this member or the Committee or his life as a private citizen.  He stated that he does not feel this is Selectboard business and they should not be taking a position on it.  He stated that if someone thinks an ethics violation exists, they or you (Ethier) can file with the state.

 

Chairman Lavigne stated that there are two types of conflicts, inherent conflicts and actual conflicts.  He stated that there was no violation or law against having a conflict.  He stated the violation occurs if you use that conflict with propriety and if you use the position you are in to gain and advantage or better position yourself.  He stated if the person did that then there is fine, sanctions, etc that could be imposed.  He stated that there was nothing in this email that says that was the case.  He stated there was nothing in the email that says there was evidence that says the position in town gives him an advantage. He stated that he agrees that Town Counsel should be involved and if the person that wrote the email wishes to step forward with evidence of wrong doing so be it.  He stated that this matter was very heavy lifting for Miscellaneous and that the conversation needed to be stopped before they were held liable for slander.

 

Sel. Ethier stated he did not suggest this, he bought a letter that made good points to the Board.  He stated that he hopes the Town Manger forwards this letter to the State Ethics Committee and that he wanted to share what he had with the Board. 

 

Chairman Lavigne stated that he was not going to do that.  He stated that he would ask the Town Manager to forward it along to Town Counsel to see what the next steps were because the letter he had did not tell him there was a violation. 

 

Chairman Lavigne asked if this was something that would need to be discussed in Executive Session.

 

Sel. Ethier stated this was all public record.

 

Mr. Lukes stated that given the opinion of Town Counsel, no conflicts at this time.

 

Sel. Ethier stated that they did say that he should resign from the Building Committee.

 

Chairman Lavigne replied that he did.

 

Sel. Ethier replied after.

 

Sel. Kurtz called a point of order.  He stated that this was not on the agenda and they Board has already discussed this more than any other item that was on the agenda.  He stated it was not posted and if they Board wished to discus, they should put it on the agenda.

 

Chairman Lavigne replied that he agreed and that he just wanted Town Counsel’s opinion.

 

Chairman Lavigne asked if there was anything else for Miscellaneous.  He asked how the Board handled Miscellaneous items in the past; he asked if they were submitted prior to the meeting.  

 

Sel. Renzoni replied that until tonight’s meeting it was all pretty light topics.

 

Chairman Lavigne asked for a heads up on Misc. Items so that he could add them to the agenda if need be. 

 

Sel. Kurtz asked if he wanted them submitted the Wednesday prior to the meeting.

 

Chairman Lavigne asked for 48 hours.

 

  1. Selectmen Minutes

 

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE APRIL 24, 2017 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED BY A VOTE OF 4-0-1.  (Lavigne: abstain).

 

Sel. Renzoni offered an amendment to the May 4, 2017 meeting minutes to clarify a statement.  The Board debated the correction and ultimately agreed on the offered correction.

 

Motion by Sel. Renzoni, seconded by Sel. Ethier, it was VOTED TO APPROVE THE MAY 4, 2017 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED BY A VOTE OF 3-0-2 (Lavigne: abstain; Kurtz: abstain).

 

May 10, 2017 Meeting Minutes:

 

The Board debated a paragraph in the minutes.  The Board was split and it was all parties agreed to redact the paragraph in question.

 

Motion by Sel. Renzoni, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO APPROVE THE MAY 10, 2017 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED.

 

Motion by Sel. Kurtz, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO APPROVE THE MAY 15, 2017 BOARD OF SELECTMEN MEETING MINUTES AS PRESENTED.

 

Motion by Sel. Renzoni, seconded by Sel. Herlihy, it was VOTED TO APPROVE THE MAY 22, 2017 BOARD OF SELECTMEN MEETING MINUTES AS PRESENTED BY A VOTE OF 3-0-2(Ethier: abstain; Kurtz: abstain).

 

Motion by Sel. Renzoni, seconded by Sel. Ethier, it was UNANIMOUSLY VOTED TO ADJOURN THE JUNE 5, 2017 BOARD OF SELECMEN MEETING AT 8:23PM.

 

 

APPROVED: _____July 17, 2017 as amended__________