Board of Selectmen, March 16, 2015
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
March 16, 2015
6:30PM Memorial Hall
Present: Chairman Anthony Renzoni, Robert Lavigne, Mark Ferguson, Kenneth O’Brien
Members Not Present: Jeremy Kurtz
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
Motion by Sel. O’Brien, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO APPROVE ASHLEY LEBLANC ON BEHALF OF MOUNTVIEW MIDDLE SCHOOL STUDENT COUNCIL FOR A PARADE PERMIT TO BE HELD ON SATURDAY, MAY 16, 2015 FROM 8AM TO 1 PM.
Motion by Sel. O’Brien, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO APPROVE AZIM S RAWJI’S TERM AS A MEMBER OF THE BOARD OF REGISTRARS OF VOTERS FOR A THREE YEAR TERM TO EXPIRE MARCH 31, 2018.
Chairman Renzoni invited the representatives from Help and Home Committee up to speak.
Karen Haley, Chairman of the Help and Home Committee addressed the Board. She stated that the committee had two responsibilities; first to create a booklet that has information for Holden residents regarding fuel assistance and the second to do fundraising for light department bills.
Suzy Marsh, a member of Help and Home Committee told the Board that the booklet was geared towards Holden residents and it included in it emergency numbers and town department numbers as well. She said that it also had website information for food, clothing, legal services, utilities and everything in between. Ms. Marsh told the Board that the booklets were available at the Holden Senior Center.
Faye Ellis, another member of the Help and Home Committee told the Board that the fund was created after the depression with the purpose of helping Holden residents with heating and fuel bills if they were unable to receive assistance elsewhere. She told the Board and the public that in Novembers Light bill there is a flyer with an envelope that asks for donations for the fund. She stated that in 2014 they raised over $17,000 and over $13,000 was dispersed to 22 different households to help with gas, oil, and electric.
Sel. O’Brien asked if people at home wanted to contribute to the fund how they would go about doing so.
Ms. Ellis stated that they could send them to the light department or the senior center where additional information could be found.
Sel. O’Brien thanked the Committee for the great services that they provide the Town.
- HMLD-DPU Report Signatures
Ms. Kelly told the Board that each year the Light Department files an Annual Report with the Massachusetts Department of Public Utilities. She stated that it was due to by filed by the end of March and asked the Board to vote and sign the document in anticipation of the filing.
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO ENDORSE SIGNING THE HMLD DPU REPORT.
Chairman Renzoni asked Sel. O’Brien if the Advisory Committee had any input on the report. Sel. O’Brien replied that he had missed the previous advisory meeting however it had not appeared on the agenda.
Ms. Kelly told the board that it was a recap of the business and was routine.
- Selectmen Minutes
Motion by Sel. O’Brien, seconded by Sel. Lavigne, it was VOTED TO APPROVE THE FEBRUARY 3, 2015 BOARD OF SELECTMEN MEETING MINUTES AS PRESENTED BY A VOTE OF 3-1(Lavigne: yes; Renzoni: yes; O’Brien: yes; Ferguson: no).
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO APPROVE THE MARCH 2, 2015 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED (Lavigne: yes; Renzoni: yes; O’Brien: yes; Ferguson: no).
- Town Manager Update
- Dawson School Gas Conversion: The conversion of the Dawson School heating system from fuel oil to natural gas is budgeted in the Town’s Capital Plan for FY 2015 at $75,000. The scope of the Dawson School work has been greatly reduced. Working with the manufacturer of the boilers (2), it was determined that the system originally installed was built to run from either fuel, oil or gas. So, there was less work and expense to accomplish the project.
There is a requirement for engineering review and for high-pressure regulating equipment. A permit has been applied for and granted by the state to install the high-pressure equipment. Eversource (formally NSTAR) has provided a gas service to the exterior of the building. The gas lines from the meter to the boiler room will be installed when the snow packs melt. We expect to complete the project before the end of the Fiscal Year. The total cost is expected to be $45,000 rather than $75,000, a savings of $30,000.
The District has submitted another capital project request for FY 16 to complete improvements to the Mayo School HVAC system. The cost estimate for the project is approximately $29,000. In my budget proposal, I have recommended that this project be accomplished using the savings from the Dawson Project. (Ms. Kelly provided the Board with the request form)
Sel. O’Brien thanked the Town Manager for the follow up.
Sel. Lavigne stated that he believed there was a threshold of $25,000 with the school district and asked how that would impact the Town with the new project.
Chairman Renzoni stated that he had sat in on the Fin Com meeting with the school district and that the school district said they would get back to Fin Com regarding that matter ($25,000 threshold).
Ms. Kelly stated that there was a cost estimate provided.
Chairman Renzoni told the Board that he had asked what the payback on the investment would be and was told that it would be under two years based on their calculations. He stated that based on this it looked as though it would be a good investment regardless of who paid for it.
Sel. Ferguson stated that with regards to Dawson School he did not understand how no one knew that it was a multi-fuel burner until so late in the game. He stated while it was good news the multi-fuel burner was in place, the bad news was that it would require elevated gas pressure. He stated that he had spoken to Eversource (formally NSTAR) and that almost no burners require an elevated gas pressure so this is an unusual situation. He asked why they could not go back to the architect and ask questions and why it wasn’t connected at the time of installation. Sel. Ferguson stated that the bill was being footed by the Holden tax payer, not the Wachusett Regional School District tax payers.
Sel. Ferguson stated that he believed that they needed to keep the Mayo School project under the $25,000 even if it meant taking two years to do so (engineering year 1 and project year 2). Sel. Ferguson stated that he did not believe he had ever seen a project qualify for the $25,000 School District contribution and that he did not believe that the Holden tax payers should have to foot this bill.
Chairman Renzoni told Sel. Ferguson that these questions were asked at the Fin Com meeting. He told the Board that it looked as though if the project came in under $25,000 that it would fall to the bottom of the school districts priority list. He stated that while it may appear to be a bad deal for the Holden tax payers, the town would ultimately be receiving the savings. Chairman Renzoni stated that he knew that Ms. Kelly had been working with the school district and that they were awaiting the briefing back to Fin Com. Chairman Renzoni encouraged anyone with questions about these budgets to attend the Fin Com hearings.
Sel. Ferguson replied that we were putting photovoltaics on Mountview School and that there is savings involved but the Holden tax payer would only see 42% of the savings although they contributed 100% of the cost. He stated that at Dawson School Holden tax payers have to pay again and absorb the cost of a specialty burner. He stated then the Mayo School project comes up and it looks as though the Town misses the $25,000 threshold again so instead of working to reduce the budget to meet the threshold, the Towns tax payers are asked to pick up the tab again. Sel. Ferguson asked if the administration could go back to the district again and rework the project to see if the district could contribute something towards these improvement projects.
Sel. Lavigne replied that regarding the Mountview photovoltaic’s, the tax payer receives credits, it cuts down electricity 42% and in the summer, the Town is putting the energy back on the grid for sale where it goes into HMLD to reduce the rates. He stated there is benefit in doing this project. Sel. Lavigne stated that he did not think that anyone needed to direct the Town Manager to speak to the district regarding Dawson as it appears Ms. Kelly is already working on it.
Sel. O’Brien stated that he had attended the Fin Com Hearing with the school district and it appeared as though Ms. Kelly had a working relationship with the superintendent. Sel. O’Brien stated that he was confident that they were going to review the matter. Additionally, Sel. O’Brien cautioned about qualifying some of the statements with phrases such as “wrong burner” as there is due diligence being done. He asked the Board to be careful of their criticism of the school district as they had some real financial issues and they were trying to balance the budget as well.
Sel. Ferguson replied that there was an oversight that was missed and it was in fact the wrong burner. He stated that regarding the photovoltaic project at Mountview School, there was no agreement between Holden and the school district as to who maintains it and who is the beneficiary of the “extra” energy. He stated that we are being forced to buy back from Mountview on peak days at a higher premium. Sel. Ferguson stated that we need an intermunicipal agreement to protect the Holden tax payer’s pocket.
Chairman Renzoni asked to refocus the meeting as the Board was not prepared to speak about Mountview at tonight (March 16, 2015) meeting. He told the Board that the committee had been invited in for a future meeting and they should be asked these questions directly at that time.
Chairman Renzoni interrupted Town Managers Update to call Citizens Address
- Citizens Address
Ms. Maureen Floryan, 191 Sterling Road stood to address the Board. She stated that she had heard something during the March 2, 2015 meeting that had confused her. She stated there was a statement made by a citizen/ selectman that said “I accomplished that at the podium.” Ms. Floryan asked how the tax rate was set, who set it and what the process to set it was. She asked how individuals had input into the process. She asked the Board of Selectmen for answers to her questions. She asked if after an individual speaks at the podium if an action is taken does that individual get credited with the accomplishment. Ms. Floryan asked for public answers to these questions. She finished by stating that she appreciated the presence of the police officers at the meeting and that she does not expect to be followed out of the meeting.
Mr. Mark Stephen Ferguson, 244 Bailey Road addressed the Board. He stated that he wanted to speak of the May 19 2014 Town Meeting and the will of the people, which he believed to be the highest authority in the land. Mr. Ferguson stated that the Selectboard works for the people and the Town Manager works for the Selectboard. He stated that on May 19, 2014 Town Meeting addressed the Creamer Property, former property the Rec. Department occupied. He stated that the project passed on 2/3 attempts with a condition that the old police station be sold for $700,000 in order to go back into the Infrastructure Investment Fund. Mr. Ferguson stated that with the fall of the market, that price was not obtainable. He stated that as the project was worked out, in the spirit of Town Meeting, it was felt that the property that the Rec Dept. had left behind could be sold and then that money could go back through the sale of the old Police Station.
Mr. Ferguson read Warrant Article 28 and asked that it be added to the record.
ARTICLE 28: To see if the Town will vote to make available for disposition and authorize the Town Manager to dispose of by sale, upon such terms and conditions as the Town Manager deems to be in the best interest of the Town, a portion of the Town-owned property located at and known as 175 Highland Street with a building thereon, said property is shown on a sketch plan entitled “Town-owned Properties at 175 Highland Street, Holden, MA,” dated April 30, 2014, on file in the office of the Town Clerk and available for inspection during regular business hours of Town Hall and shown as Parcel54, Parcel 147 and being a portion of the land shown as Parcel 48, all on assessor’s Map 131; or act to do anything relative thereto.
Mr. Ferguson asked why the Town was not moving forward on this. He stated he was concerned that Ag Com wanted to take a portion of this property and make it into a Community Garden and no one is correcting them and letting them know that Town Meeting had already determined that this property should be sold. Mr. Ferguson stated that it had been 10 months and the property has remained vacant and has not been placed for sale. He stated that the Town Manager had been told to sell the property. He asked why this has yet to happen.
Chairman Renzoni gaveled Mr. Ferguson, he told him he had 15 seconds to wrap up his remarks.
Mr. Ferguson stated that he had seen others at the podium receive 8 minutes to speak.
Chairman Renzoni replied that he would have 15 seconds now and that he would open the floor back up at the end of the meeting.
Mr. Ferguson asked why the Board of Selectmen and the Town Administration was not adhering to the highest authority in the land and selling that parcel.
Chairman Renzoni gaveled Mr. Ferguson.
Mr. Ferguson stated that this is why we may be losing quorum at Town Meeting.
Chairman Renzoni stated that the chair did not recognize him.
Chairman Renzoni asked if there were any other citizens who would like to speak. No Citizens stood, Chairman Renzoni closed Citizens Address
Town Manager Update Cont.
- DPW Monthly Report: Ms. Kelly enclosed the DPW Monthly Report for January 2015 prepared by John Woodsmall, DPW Director.
Sel. O’Brien stated there was water main break in the center of Town and he wanted to know if the contractor had liability on it and if the Town was going to them for recourse. Ms. Kelly replied that she did not know what portion of the line broke but she would say yes, they would go back to the contractor.
- Stair Climb for Multiple Sclerosis: This is the third year that the Holden Fire Department has participated in the MS Stair Climb at the John Hancock Tower in Boston. Firefighters made the 61- story climb in full gear including air-packs which total weigh approximately 55 pounds, to raise money to find a cure for the oftentimes debilitating disease. Joshua Poznanski, Lieutenant in the Holden Fire Department, started the Holden team as a way to show his love for his wife Melissa. She was diagnosed with MS 5 years ago after the birth of their son. The first year of the climb, we had eight members, the second, twelve members and this year we had sixteen members representing the Holden FD. Last year we had two Holden Firefighters finish in the top five in the Firefighter division and were 4th in overall team fundraising. The Holden Firefighter team is currently at $4,335.00 in donations.
Congratulations to Team Members Lt Joshua Poznanski, Asst. Chief Russ Hall, Lt. Sean Smith, Firefighters Chuck Borowy, Dave Russo, Amanda Beahn, Tyke Lothrop, Richard Johnson, and Dan Hazen, and Auxiliary Firefighters Andrew Rodriguez, and Max Jette. Two spouses, a daughter and a sister also participated for our team.
Ms. Kelly also stated that they had signed a certificate tonight (March 16, 2015) for the opening of the Urgent Care Center. She stated that the opening ceremony would be on Friday, March 20, 2015 and that the Town was very excited.
Ms. Kelly also added that she had a memo regarding 2014 UAW that she wanted to share with the Board.
She stated that as part of the Public Water Supply Annual Statistical Report (ASR) for the 2014 Calendar Year, the DPW Water & Sewer Division was required to report the calculated value of the UAW for the year. The calculation of the UAW figure follows specific guidelines as determined by the MA Department of Environment Protection.
Ms. Kelly told the Board that the ASR had been filed with the DEP and that she can report that the UAW has decreased compared to last year. Ms. Kelly told the Board that it was a preliminary number based on the Towns calculations, not reviewed by the DEP. For the period of January 1, 2014 to December 31, 2014 the DPW calculated the UAW as 20%. The UAW for 2014 represents a reduction in the value set by DEP for 2013 from 24.6%. The total gallons (volume) of UAW reported from 2013 to 2014 decreased by 24%
Ms. Kelly stated that all water systems in MA have UAW and that UAW is one of many indicators of a water system’s overall performance. She stated that a decrease in our UAW does not mean a decrease in water-sewer rates. There is no direct relationship between UAW and rates. Nor did it mean that any new wells would be built in Town as new water wells were no longer an option for Holden under DEP regulations.
Ms. Kelly finished by stating that there is no single reason that UAW decreased; the Department continues to fund and implement its 12-step program to address UAW. However, they believe some of the well source meters, especially at Spring Street, had been over-counting the gallons pumped, resulting in higher number of gallons reported to be pumped than actually pumped. The source meters were corrected last fall by DPW staff and an outside technician.
Chairman Renzoni thanked the DPW Director and stated it was great news to see those numbers come down. He stated without objection to have the Town Manager pass along a thank you to DPW.
Sel. Ferguson asked if he was reading the memo correctly regarding the relationship between UAW and rates. He asked when we buy water from Worcester and we lose 1 out of every 4 gallons through leaks and bad meters, it didn’t relate to some sort of rate.
Chairman Renzoni replied that this was the same question Sel. Ferguson had already asked. He stated they were speaking about UAW not lost water. He stated that Spring Street, we still pumped the same gallons through the pump, therefore the water was not lost; it was just not accounted for.
Mr. Lukes left the meeting at 7:21PM.
Chairman Renzoni stated that this was great news.
Ms. Kelly replied that it was great news. She stated they believed the false reading was responsible for the percentage decline.
Chairman Renzoni stated that the Town was looking at another year of not raising rates.
Ms. Kelly replied that if you attended the budget hearings you would know that some of free cash was approved for capital improvements and for the legal budget that would go to the lawsuit that is fighting the City of Worcester about the sewer transport rate.
- Selectmen Subcommittee
Sel. O’Brien: no updates
Sel. Lavigne: no updates
Chairman Renzoni stated that the VA Advisory Board would meet next month and there was potentially one new member. He also stated that they would begin to get ready for Memorial Day and would be working together with the Memorial Day Committee for the event.
He stated that Ag Com had not met but they are discussing the Creamer Property. He stated the reason they were not selling the property yet was because they were looking to see what the best approach to this would be. Chairman Renzoni encouraged anyone that wanted to learn more about this to attend the Fin Com meetings in order to see the insight on the budget and speak with Ms. Kelly regarding it.
Ms. Kelly replied that they had put together the 275th Celebration Sub Committee and there are some great people on the Committee.
- Follow Up on Citizens’ Address
Chairman Renzoni stated that as much as he would like to comment on remarks from Citizen Ferguson he believed that it violated the spirit of the law and bordered on violation of open meeting law. Chairman Renzoni stated based on that; the Board won’t follow up with Citizen Ferguson’s comments.
Chairman Renzoni stated for the other citizen, regarding the tax rate, the Board of Selectmen has very little to do with setting it but it is a discussion for the annual goal setting meeting. He asked Ms. Kelly to explain to Ms. Floryan the process through which the tax rate is set.
Ms. Kelly stated that she did just cover this matter in her most recent blog discussion and that she would be happy to elaborate on it in a future blog post.
Chairman Renzoni encouraged anyone who wanted more information on this topic to read the Town Managers blog that cold be found on the Town Website.
Sel. Lavigne stated that he wanted to follow up to Ms. Floryan as well. He stated that standing up at the podium and making declarations is not how policy is made in this Town. He stated that none of the Board has that power. Sel. Lavigne stated that the decrease in tax rate is years of work, careful planning and analysis and you can see the steady decline that has occurred. Sel. Lavigne stated that it is not the role of the Selectmen to make the tax rate. The Selectmen challenge the Town Manager and set her goals but it is her job to execute the plan. He stated that the tax rate was Ms. Kelly’s accomplishment.
Sel. O’Brien stated that unfortunately one of the things that is driving the large amount of free cash is the decline in schools funding in other towns so we have received money back from the assessment of the school district. He stated that it was important to know that the Selectmen want to keep the Town a great, affordable place to live. Sel. O’Brien stated that the Town Manager along with Town Accountant and other staff refinanced debt and do other things to help ensure fees are not being raised. Sel. O’Brien stated that the Board appreciates the Town employee’s hard work and that we were fortunate to have the free cash to reduce the rate.
- Selectmen Two-Minute Speeches
Sel. O’Brien stated that the Good Neighbor Award would be held on March 26, 2015 to recognize businesses and people in Town. He stated that he would be at the ribbon cutting ceremony for the new medical facility by Dunkin Donuts. Sel. O’Brien also stated that he believed the question of the Creamer property needed to be an agenda item however he was in favor of holding onto that property and revisiting in at Town Meeting this year.
Sel. O’Brien stated that he had a previous obligation on Wednesday nights so is unable to attend the Fin Com budget reviews but would like to see in the future a short summary of what was discussed at those meetings. He stated he felt it would be good for the tax payers and residents to know the status of these meetings.
Sel. Lavigne stated that he believed the Creamer property was worth having a discussion as well. He stated that he had spoken to Holden Softball on the way to the meeting tonight (March 16, 2015) and they were concerned with the field conditions at Davis Hill. He asked if the Town Manager could find out where on the list of projects this stood this year.
Ms. Kelly replied with the snow, it may be later this year.
Sel. Lavigne replied he understood that and explained it but asked if Ms. Kelly could look into that.
Sel. Ferguson stated that he had asked for an agenda item within the rules set by the Chairman but that they always seem to fall off the table. He stated this time he tried to place a call to the secretary and the agenda item was still not placed. Sel. Ferguson stated that regarding the item he wanted placed was 175 Highland Street property, it was authorized to be sold by the highest authority in the land, and it didn’t happen. He stated that this way be why the Town loses quorum when the will of the people is not being met.
Ms. Kelly stated that she took issue with statement that the will of the people was not being met.
Chairman Renzoni stated that the Board would have this discussion but not now.
Ms. Kelly stated that he is personally telling her that she is not abiding by Town Meeting.
Sel. Ferguson stated that the will of Town Meeting was to sell the property and to put those funds back into the Infrastructure Investment Fund. Sel. Ferguson stated that lastly, much has been said about attending Fin Com Meetings. He stated it was time to cut the budgets.
Chairman Renzoni gaveled Sel. Ferguson for time. He offered him 30 seconds of his own time.
Sel. Ferguson continued by stating that Fin Com needed to start to cut budgets and that 4 Million in free cash sounds good but is front end loaded and the Town needs tighter budgets.
Chairman Renzoni gaveled Sel. Ferguson for time.
Chairman Renzoni stated that on April 9, 2015 Worcester Voc will have a public hearing/ meeting. He encouraged everyone to attend. He also stated that Mr. Ferguson had made comments about Town Meeting being the highest authority in Town but then stating that Fin Com should lower things. Chairman Renzoni stated that Town Meeting passes the budget and that the Selectmen cannot demand things from Fin Com. He complimented Sel. Lavigne’s explanation of the process.
- Future Agenda Items
Chairman Renzoni stated that “Future Agenda Items” not appearing on the agenda for the March 16, 2015 meeting was an oversight. He stated that he would open it up however there were issues last time that he wanted to clear up. He told the Board to state for the record what you would like to speak about but that this was not the time to debate it.
Sel. O’Brien stated that maybe a Selectman could say why they wanted to agenda set. He recommended giving a Selectman a block of 5 minutes so the item doesn’t run too long and if necessary another selectmen could volunteer their time as well, similar to two minute speeches.
Chairman Renzoni stated that they would see if there is a majority for this. He stated that he feared this item had already gotten out of control.
Chairman Renzoni stated that regarding the Creamer property, it would be discussed at a future meeting. He stated that he knows the Town Manager has contemplated what to do and is giving the Ag Com the opportunity to pitch a proposal. He stated he was hoping to speak about this matter at the April 6, 2015 meeting but that he would work with Ms. Kelly to set it for a future date.
Sel. O’Brien suggested having a budget recap as to what had been discussed at the Fin Com Budget Meetings. Sel. Lavigne agreed.
Ms. Kelly stated that she was there every week. She asked what information they were requesting.
Sel. O’Brien stated that if there were issues that the Selectmen think are important they can assist to make a case at Town Meeting. He asked for Ms. Kelly to recap what was discussed at the meetings.
Sel. Lavigne stated that last year as the Chair he had spoken at the Fin Com meeting and there were concerns about their initiates vs. the Selectmen’s initiatives. He stated that he believed it was worthy of a discussion on the Selectmen’s end but that Fin Com may not be accepting of Ms. Kelly’s recap.
Ms. Kelly replied that there were minutes taken.
Chairman Renzoni wanted to remind the Board about lanes. He stated that Ms. Kelly manages the Town but that it could be discussed at a future meeting.
Chairman Renzoni asked if the majority of the Board wanted to discuss recap of Fin Com Budget Meetings. Majority agreed 3-1 (Renzoni: no).
Sel. Ferguson wanted to speak about public safety reports.
Sel. Lavigne stated that had already passed at the last meeting. Chairman Renzoni confirmed this.
Sel. Ferguson wanted to speak about the Holden waterways. Chairman Renzoni stated this had already passed at the last meeting.
Sel. Ferguson wanted to speak about Mountview. Chairman Renzoni stated this had already passed.
Sel. Ferguson wanted to discuss the $23.09 surcharge. Chairman Renzoni stated this was discussed at the last meeting and failed.
Sel. Ferguson asked to discuss ECC and Clean up. Chairman Renzoni asked if there was a second. Motion failed for second.
Sel. Ferguson stated he probably had others but because it wasn’t an agenda item he was not prepared.
Chairman Renzoni stated it was an oversight and that this would be a standing agenda item.
Continuation of Citizens’ Address
Chairman Renzoni stated that he would give Mr. Ferguson another minute if he wished to speak.
Mr. Ferguson did not return to the podium.
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO ADJOURN THE MARCH 16, 2015 BOARD OF SELECTMEN MEETING AT 7:47PM.
APPROVED: ___April 6, 2015 as amended_____________