Board of Selectmen, May 15, 2017
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
May 15, 2017
6:00PM Wachusett Regional High School
Present: Chairman Robert Lavigne, Anthony Renzoni, Geri Herlihy, Tim Ethier, Jeremy Kurtz
Others Present: Peter Lukes, Town Manager
Brian Falk, Town Counsel
Liz Fotos, Town Recorder
The Meeting was called to order at 6:04PM. Chairman Lavigne waived the Pledge until Annual Town Meeting.
- Revisit Selectboard Positions on Warrant Articles
Sel. Renzoni stated that he wanted to suggest two things. He stated there were two Citizen Petition on the Warrant Articles, #33 and #34. He stated that he would like to speak to both items at Town Meeting and would like the Board to take a position opposing them. He offered to walk the Board through each item.
ARTICLE 33:
Sel. Renzoni stated that Warrant Article #33 was regarding the Sale of Used Cars in the Commercial District. He stated that would mean all of Main Street could be a used car lot. Sel. Renzoni stated that he felt that the Town had worked too hard to have Main Street connections and making the downtown area walkable to allow this change to occur. Sel. Renzoni stated that this would change the Master Plan and he thinks the Board should oppose this to preserve the historic appeal.
Sel. Ethier asked if the Citizen Petitioner was the individual who was selling used cars on RT 31 and had a number of complaints.
Sel. Renzoni stated that there was a list of complaints and the business had been in violation since 2001.
Sel. Kurtz asked if they knew where the Planning Board or ZBA stood on this matter.
Sel. Renzoni stated that the Planning Board did not endorse it because the way the Article was written was incorrect in having them (The Planning Board) the Special Permit granting authority. He stated that if it was amended to correct this on Town Meeting floor they do not know how the Planning Board would vote.
Motion by Sel. Ethier, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO NOT ENDORSE WARRANT ARTICLE 33; SALE OF USED CAR IN THE COMMERICAL ZONE OF HOLDEN.
Sel. Renzoni asked to speak to the Article.
ARTICLE 34:
Sel. Renzoni stated that he felt the Board should also take a position regarding Warrant Article 34, the petition for the Fire Department Fund not to exceed $10,000 to be used as an “emergency boarding” account to be administered by the Fire Chief. Sel. Renzoni stated that this was private business not Town business and if a fund like this ever did come into existence it should be administered via the Building Inspector. Sel. Renzoni stated that he felt as though this should have been bought up by the Fire Chief if he wanted this in the budget and should have been vetted through the Town budget process. He stated that the thinks that the Board should oppose this.
Mr. Lukes stated that the petitioners will say that the funds would be refunded by insurance so the $10,000 will roll over however insurance money would be issued to the homeowner not the town and then the Town would have to collect it from the homeowner.
Sel. Renzoni stated it was private insurance and private business.
Sel. Ethier stated that he thinks a boarding account is a good idea, he asked how other towns moved forward with this.
Chairman Lavigne stated that they did not have the answers because this request did not go though the appropriate budget process.
Sel. Ethier stated that it was not benefitting the fire fighters. He stated that there could be issues with homes if they are not boarded up and that he would like to see the Town have an account that does this. He stated that he was voting against this and he thinks the Town should do this.
Chairman Lavigne stated that if this came up properly it would be one thing but to have the debate before Town Meeting was not appropriate as there was not due diligence on the matter.
Motion by Sel. Kurtz, seconded by Sel. Herlihy, it was VOTED TO NOT ENDORSE WARRANT ARTICLE 34; EMERGENCY BOARDING FUND NOT TO EXCEED $10,000 BY A VOTE OF 4-1 (Ethier: no).
Sel. Renzoni asked to speak to the Article.
STREET ACCEPTANCE:
Mr. Lukes stated that DPW and P. Harding recommended against Street Acceptance for Stoney Brook Estates as well as Preservation Lane.
Sel. Renzoni asked who spoke to that.
Mr. Lukes replied that P. Harding or the Planning Board Chairman would present street acceptances.
The Board discussed if they needed a motion regarding not supporting Street Acceptance for Stoney Brook Estates or Preservation Lane.
Town Counsel stated that the Board could make a motion regarding which streets they would be supporting acceptance for and which they would not in order to be prepared for an amendment on Town Meeting floor.
Sel. Renzoni stated that the Board could indicate that a number of streets reuested Street Acceptance but based on the recommendation from the Town Planner and DPW they only were moving forward with St. Mary’s Drive Extension.
Motion by Sel. Kurtz, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO SUPPORT STREET ACCEPTANCE FOR ST. MARY’S DRIVE EXTENSION.
WARRANT ARTICLE 8: WACHUSETT REGIONAL SCHOOL DISTRICT BUDGET
Sel. Renzoni stated that he believes that if Mr. Sullivan is the moderator he will hold the same opinion as Mr. Balko, the elected moderator who was unable to be at Town Meeting. He stated that Mr. Sullivan had been preparing and was willing to fill in.
Sel. Renzoni stated that he believed that Mr. Sullivan was going to say he would uphold the moderator’s opinion that the motion on the floor can reach the number that is $495,000 less than the School Committee number. He stated that the Board needed a motion regarding this.
Sel. Renzoni stated that he also knows that Ken Mills, School Committee Chair would be present and recognized to restore the number back to $5,986,307. He stated that he believes the Board of Selectmen needs to take a position on two things so they can speak to it at Town Meeting Floor. He said the first question was does the Board support the motion read in at the reduction of $495,000 where they were when they last voted on it and then if an amendment is offered does the Board support an amendment to restore it back to the original number proposed by the School Committee.
Sel. Renzoni stated that he and Sel. Herlihy had opposed Article 8 as presented because this was the original number that increased the budget 8% on the tax bill. He stated that it is his opinion that the politics of other Towns should not be considered in the Boards decision making but they should rather be asking themselves are they okay with this increase. He stated this means a 5% increase in the school budget without any additional services. He stated that his is a band aid fix and that the School Committee had not come up with anything that could sustain this going forward. He stated this was his reasoning for opposing this Article.
Sel. Herlihy agreed and stated that the Board discussed this two weeks ago and her thoughts had not changed and that it was an overall Town Budget not a School Budget.
Sel. Ethier stated that the Board knows his arguments. He stated that it was a slap in the face to the School Committee. He stated that it was outrageous that Fin Com was forcing a number on the School Committee and that the Board was supporting it. He stated that the message the Board was sending the Committee was that they don’t care about the School Committee. Sel. Ethier stated that he wanted to see the budget passed as it stands and if the School Committee comes in and says they will not lower it then let the state come in. He stated in that situation the District will be in a better position then if the Board didn’t support it. He stated that this has never been done at Town Meeting and should not be done.
Chairman Lavigne stated that he had not put his two cents in on the issue. He stated that he was against the motion. He stated that they were talking about precedents and to allow Fin Com to come in and amend a number would let them think they had the authority to do that to everything. He stated that the Budget should be presented as the School Committee recommended it; he stated it was not going to pass and it will not be the final number they were working with. He stated that he does not believe this is the place to play politics. He stated that the Board could send a strong message to the union and debate the matter in public session or put their foot down if costs were not gotten under control however he stated that he thought it was bad politics in the end to set an arbitrary number from Fin Com. He stated that there is no information as to how they got the number and that there is nothing to support getting to this magical 5% number.
Sel. Renzoni stated that they were right that if the large number passes only if the school budget sets in October. He stated if they get to October and the matter is not resolved then the Town does set it and then there is excess free cash and over taxation again. He stated that he believes that Fin Com’s number is still higher then what the other two towns would agree to.
Motion by Sel. Renzoni, seconded by Sel. Herlihy, it was VOTED TO SUPPORT TO FIN COM ADJUSTED NUMBER BY A VOTE OF 3-2(Lavigne: no; Ethier: no).
Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was UNANIMOSLY VOTED TO SUPPORT $5,986,307 FOR WARRANT ARTICLE 8 IF IT IS PRESENTED ON TOWN MEETING FLOOR.
Sel. Renzoni stated that his would allow the Board to vote on this matter without requiring a second Town Meeting.
Sel. Renzoni left the meeting at 6:33PM.
Mr. Lukes left the meeting at 6:34PM.
Chairman Lavigne stated that they would not recess to Town Meeting until Sel. Renzoni returned from Fin Com in case there are additional matters to discuss.
Mr. Falk, Town Counsel spoke about the Town Moderator. He stated that in the absence of the elected moderator the Town Clerk opens Town Meeting and does the Pledge of Allegiance. He stated from there they move to Article 1; which is to choose a moderator. He stated at that point the people will be told that the elected Town Moderator is absent and will entertain a nomination for a temporary moderator. He stated at that point the Board could make a nomination.
Mr. Lukes returned to the meeting at 6:37PM.
Chairman Lavigne left the meeting at 6:37PM.
Chairman Lavigne and Sel. Renzoni returned to the meeting at 6:38PM
Motion by Sel. Kurtz, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO RECESS THE MAY 15, 2017 BOARD OF SELECTMEN MEETING AT 6:03PM TO ANNUAL TOWN MEETING AND RECONVENE AFTER TOWN MEETING FOR THE SOLE PURPOSE OF ADJOURMENT.
Motion by Sel. Kurtz, seconded by Sel. Herlihy, it was UNANIMOSULY VOTED TO ADJOURN THE MAY 15, 2017 BOARD OF SELECTMEN MEETING AT 10:13PM.
APPROVED: _____June 5, 2017__________