Board of Selectmen, March 18, 2013
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
MARCH 18, 2013
6:30PM Memorial Hall
Present:
Chairman Anthony Renzoni, James Jumonville, Mark Ferguson,
Kenneth Lipka, Robert Lavigne
Others Present:
Jacquie Kelly, Town Manager
Elizabeth Helder, Recording Secretary
Absent:
Stephen F. Madaus, Town Counsel
Chairman Renzoni opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance.
Members from Holden Tiger Cub Pack 180 led the ceremony. They included Owen Palmer, CJ Huckins, Ethan Lavigne, Nathan Schirner, Spencer Conley, Nicholas Smith, Finn Lyons, Noah Chapman, and Brian Russo.
1. Appointments, Licenses, and Permits
There were no appointments, licenses and permits to approve.
2. Warrant for Special Town State Primary and Local Election – April 30, 2013
Town Manager Kelly reviewed the April 30, 2013 Special Town State Primary and Local Election Warrant. Additionally, Ms. Kelly presented the Warrant for the April 8, 2013 Special Town Meeting for the Mountview School Building Project.
3. Town Manager’s Miscellaneous
1 The Selectmen reviewed amended page 125 (“green” sheet) for the FY2014 Operating Budget.
2 The Board reviewed the DPW Monthly Report for February 2013 as prepared by John Woodsmall, DPW Director. Ms. Kelly noted that information on flow data is now included in the report. A cost increase to the report was incurred because of a one-time I&I charge for several new developments. Sel. Ferguson said that the report still did not answer some of his questions, but that he would wait to get these answers in May when a new Board is in place, he can address these issues under the Town Manager’s evaluation, and he can get “the bull by the horns.” Ms. Kelly said she was in process of answering some of Sel. Jumonville’s questions that he submitted at the March 4th meeting.
3 The Board reviewed the HMLD Monthly Report for February 2013 as prepared by Jim Robinson, Light Manager. Sel. Ferguson said he would like to know how many customers are served by the HMLD. Chairman Renzoni also commented that Mr. Robinson has significantly reduced the number of past due clients over 60-days.
4 Town Manager Kelly announced that the Board of Directors of MIIA has declared $500,000 in dividends for its members. Holden’s share is $3,477, which will be applied as a future premium credit. The dividends are a result of the Town’s loss control and good safety record. Thanks go to Judy Sikes, Administrative Assistant who expertly administers the Town’s insurance program and loss control measures.
5 Ms. Kelly shared a notice regarding 2013 water use restrictions being sent out in the utility bills. The restrictions prohibit ‘non-essential’ outdoor water use from public water sources from May 1st until September 30th between the hours of 9am and 5pm, annually. This water restriction is enforced by the DEP statewide, despite having record snow falls. Sel. Lavigne said this restriction seemed contrary to the goals of the Water/Sewer Enterprise Fund; the town is in the business to sell water, yet its customers cannot use the water as dictated by the DEP restriction. He inquired what the sanctions would be if the Town chose to ignore the restriction. Ms. Kelly and Sel. Lipka recalled that the penalties for ignoring the restriction were severe. She said she would review the policy the Board entered into with the DEP. Sel. Ferguson concurred with the Selectmen’s comments adding that this was unreasonable and unwarranted overregulation. He suggested inviting a representative from the DEP to discuss the issue. The Board agreed to review discussing the town’s options at a later date. Chairman Renzoni said that while the Board could write a letter to its local delegates, he felt that it probably would not do much good.
6 Ms. Kelly submitted a notice from the Department of Conservation and Recreation (DCR) detailing payments under the PILOT program to the Town of Holden for the Fiscal Year 2013. The annual payment is pursuant to MGL Chapter 59, Section 5G, which requires the DCR to make payments to municipalities that have lands within their boundaries that are owned by the Commonwealth. This revenue is distinct from other Cherry Sheet state aid. The DCR PILOT program is funded through the MA Water Resources Authority ratepayers.
7 Ms. Kelly and the Board reviewed a memo from Light Department Manager Jim Robinson concerning the Department’s Annual Report. Mr. Robinson requested that the Selectmen sign the Report so it can be submitted to the Department of Public Utilities (DPU) by the March 30, 2013 due date. The Report is prepared by the Light Department’s independent auditors in concert with the Department’s annual audit. The DPU Report is tantamount to the Department’s annual ‘tax return’ and is a required annual filing.
8 Ms. Kelly reported that ten department members of the Holden Fire Department participated in the Multiple Sclerosis ‘Climb To The Top’ charity event on Saturday, March 2, 2013 in Boston. These ten firemen took the challenge and climbed the 61stories of the John Hancock Building wearing full gear and SCBA to raise $5,000 for charity. Bravo to our Firefighters who took the time and had the strength to raise the funds for this worthy cause.
9 The Board reviewed the Holden Recreation Summer Brochure for 2013. Holden Pool Passes will go on sale April 1, 2013. Online registration for Holden residents will begin Saturday, May 11th at 9AM; online registration for non-residents will begin Sunday, May 12th at 9AM. The Pool will open for the summer season the day after school is released for the summer. Additionally, the Holden Pool will celebrate its 10th Anniversary on July 16th.
10 Ms. Kelly reported that Town Counsel has advised the Mountview School Building Committee that the informational flier they had prepared to mail home through utility bills would conflict with the requirements to the MA office of Elections and Campaign Financing, which defines ‘advocacy’ with respect to election materials very broadly. Therefore the flier will not be distributed to residents through a utility bill mailing. Town Counsel further advised that the flier could be made available at various committee meetings, school events, and town buildings.
4. Selectmen Subcommittees
Sel. Lipka: Affordable Housing: Have not met.
Municipal Electric Advisory: Have not met.
Sel. Jumonville: Memorial Day Parade: Will meet 3/27 at 7PM in the Starbard Building.
Sel. Lavigne: EDC: Will tape its new show on CATV next week.
Sel. Ferguson: Not currently serving on a subcommittee.
Sel. Renzoni: Water/Sewer Advisory Board: Have not met.
5. Paul Challenger – Chair, Mountview School Building Committee
Mr. Paul Challenger shared an informational flier created by the Building Committee to help inform the public of the project. He said the Committee recently became aware that the flier would not be allowed to be sent home through utility bills due to the constraints of campaign and political finance. Ms. Kelly read into record a statement from Town Counsel regarding his legal decision not to let the flier be distributed by the Town.
Chairman Renzoni interrupted the discussion to proceed with Citizens’ Address at 7PM. Chairman Renzoni read the guidelines for Citizens’ Address into record.
6. Citizens’ Address
Ms. Barbara Roberts, 1635 Reservoir Street, asked the Board to nullify NDAA paragraphs 1021 and 1022 passed by President Obama in December 2012 and pass this vote on to the legislature in Boston.
Mr. Ed Meyer, Fort Sumter Drive, said that he hoped that the schools would not send the Mountview flier home. Additionally, he asked the Board to vote to deny offering childcare during the upcoming special town meetings due to insurance and liability issues.
Ms. Maureen Floryan, 191 Sterling Road, announced that she was an elderly grey-haired woman. She spoke about prior lawsuits against the district’s school funding formula. She also addressed the interpretation of the guidelines of Citizens’ Address.
5. Paul Challenger – Chair, Mountview School Building Committee (reopened)
Mr. Challenger said the flier was available in public buildings and at [ http://www.holdenma.gov ]www.holdenma.gov. Sel. Jumonville suggested distributing the flier at local businesses in town. Sel. Ferguson expressed his sadness that the flier would not be mailed home through the utility bills. It is important to get the facts straight. He asked if it was Town Counsel’s opinion that the flier could not be distributed through the light department bills. Sel. Ferguson said the Town should seek the opinion at the Office of Campaign and Political Finance and further noted that he intended to inquire at the state government level. Committee Vice President Dave White said he appreciated Sel. Ferguson’s comments. Unfortunately, the utility mailing has already gone out and the deadline for the mailing was missed. However, it will be a good idea to receive clarification from the Office of Campaign and Political Finance for future mailings. Sel. Ferguson asked for a copy of Town Counsel’s legal opinion. Ms. Kelly provided Sel. Ferguson with her copy of the opinion. Sel. Ferguson said that the average cost to Holden residents will be one dollar per thousand of their assessed home value.
Mr. Challenger said he and other Committee members met with members of the MSBA last week to discuss the Schematic Design filed by the Committee on February 14, 2013. The MSBA will give its final approval of the Schematic Design on April 3, 2013. However, at this most recent meeting, the MSBA confirmed that they had increased the reimbursement rate to the Town by 1.47% from 52.89% to 54.36%. Additionally, the MSBA confirmed that the building project had also been approved for a higher green engineering reimbursement due to the maintenance program used by the District. These two additional reimbursements will mean that the Town will see a reduction in its overall contribution by over $800,000.
Mr. White commented that the MSBA informed the Committee that building projects with the MSBA are passing at a 95% rate across the state. He said the MSBA wants the project to succeed. He said that this project has been thoroughly studied by the Committee and the State, and felt confident that the numbers were very accurate. He added that the Committee was encouraged that there had been no public negativism toward to project which speaks positively for the project.
Sel. Ferguson inquired about the proposed photo voltaic installation on the roof of the school. How will the money/energy generated from these panels be credited to the Town? He said he would like to have HMLD Manager Jim Robinson review the plan and have an agreement signed between the Town and the District.
Mr. White concurred that this was a very reasonable conversation to have with the District. However, any reduction in the cost of the building means than more district dollars can go back into the classroom.
7. Public Hearing – Conversion of Chapter 61, Forest Land Chapin Road
Town Manager Kelly read the notice of public hearing into record.
Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING AT 7:35PM ON THE OFFER TO PURCHASE LAND CLASSIFIED UNDER CHAPTER 61 FOREST LAND CONSISTING OF LOTS 1 AND 2 CONTAINING 4.3437 ACRES AND 1.7496 ACRES RESPECIVELY OWNED BY MARIE-ELISSA BOISVERT LOCATED ON CHAPIN ROAD AND IDENTIFIED ON ASSESSORS’ MAP 220, PARCEL 38 AND MAP 220, PARCEL 39 AS PRESENTED BY THE ADMINISTRATION.
The Board reviewed a memo from Assistant Assessor Rosemary Scully. The town currently has no interest in purchasing the property.
Motion by Sel. Jumonville, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 7:37PM.
Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO REMOVE THE PROPERTY ON CHAPIN ROAD FROM CH. 61. FOREST LAND AS RECOMMENDED BY THE ADMINISTRATION.
8. Follow Up to Citizens’ Address
Sel. Ferguson and Sel. Jumonville spoke to the inequity issue that occurred when Brian Bullock was Town Manager.
Chairman Renzoni said the Selectmen had decided on a policy where no names are used during Citizens’ Address. Any issue that a taxpayer would like the board to discuss should contact the town Manager’s office.
Chairman Renzoni said that any Selectman that would like to discuss the NDAA paragraphs should contact the Chairman to have the item placed on a future agenda for discussion. Sel. Ferguson suggested that Ms. Roberts should contact Congressman McGovern.
9. Acceptance of Minutes
Motion by Sel. Lipka, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES ON MARCH 4, 2013 AND TO AMEND THE WORD “CHAIRMAN LAVIGNE” TO “SEL. LAVIGNE” AT THE TOP OF PAGE ONE AND CHANGE THE WORDS “OF 50%” TO THE WORDS “TO 50%” IN THE LAST PARAGRAPH ON PAGE FOUR AS PRESENTED.
10. Selectmen Miscellaneous
Sel. Ferguson: 1. Spoke to a recent article in the T&G regarding the school district’s teachers who recently implored the School Committee to create a district-wide standard for math instruction. Currently, no such math standard exists at the K-8 level in the District. He said he felt this issue warrants being looked into. Sel. Lavigne said the school committee was discussing its budget options tonight. However, based on the lateness of this issue, he did not think it would be included in this year’s budget. Sel. Jumonville said the teachers have been trying to get this issue rectified for the last two years. It is unfortunate that it has come to this. Chairman Renzoni encouraged residents to contact their local school committee representatives. The Board agreed to discuss the issue with the School Committee representatives the next time they are scheduled on the Board’s agenda.
2. Requested an update on sewer transportation rates asking to comment on this subject in Executive Session.
3. Requested an update on the natural gas expansion efforts in town. The Board agreed to keep this subject on the front burner. Ms. Kelly handed out the DPW’s paving schedule for 2013. This list of streets is also sent to NSTAR.
Sel. Lipka: 1. Attended a ribbon cutting ceremony at Mexicali Fresh Mex Grill (formerly Playa Del Carmen) with Town Manager Kelly. He said that new management had changed the décor and menu at the restaurant and encouraged residents to patronize local establishments.
Sel. Jumonville: 1. Ms. Kelly provided some answers regarding some questions that Sel. Jumonville previously raised during a recent Sel. Miscellaneous. Ms. Kelly said that she strives to provide answers that the Board has asked over the last six months. She asked about comments made by Sel. Ferguson at the beginning of the meeting regarding taking issue with his water/sewer questions during the Town Manager’s evaluation in May. She said she would like an explanation to his comments. Sel. Ferguson commented that since he was no longer allowed to ask the Town Manager his questions, he had asked Sel. Jumonville to submit the water/sewer questions on his behalf.
Chairman Renzoni said that any Selectman can go and talk to Ms. Kelly. However, one Selectman cannot put individual demands on the Town Manager and directives must be majority Board driven. He said that if Ms. Kelly had issue with [Marker]comments made by one Selectman, they should be discussed with this Selectman off-line. Additionally, these comments do not represent the majority of the Board.
Chairman Renzoni said that the Board would review Ms. Kelly’s answers to Sel. Jumonville’s questions and discuss the memo at the next meeting.
Sel. Lavigne: 1. Thanked the Town Manager for crafting and sending a letter to the State Auditor to request a fiscal audit of the School District. He said he still does not have an answer from the District where the 1.2M was spent. He suggested that Holden contact the other towns in the District to encourage them to participate in support of the audit. Sel. Ferguson said he had spoken with several Selectmen from other towns and that the financial component of the audit request might be an issue for some the District towns who are struggling financially.
11. Adjournment
Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO ADJOURN THE MARCH 18, 2013 MEETING AT 8:25 PM.
APPROVED: April 1, 2013