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Board of Selectmen, November 25, 2013

Meeting date: 
Monday, November 25, 2013

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

NOVEMBER 25, 2013

 

6:30PM                                                                                                         Memorial Hall

 

Present:          Chairman Robert Lavigne, Kenneth Lipka, Anthony Renzoni,

Mark Ferguson, Jeremy Kurtz

                            

Others Present:     Jacquie Kelly, Town Manager

                                Stephen Madaus, Town Counsel

                                Elizabeth Helder, Recording Secretary

 

Chairman Lavigne opened the meeting at 6:30PM.  The Board participated in the Pledge of Allegiance.

 

  1. Licenses – Appointments – Permits

Motion by Sel. Lipka, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO REAPPOINT ERICH MIERZEJEWSKI TO A ONE YEAR TERM AS AN ALTERNATE TO THE AGRICULTURAL COUNCIL TO EXPIRE 11/2/14 AND MALEAH GUSTAFUSON TO A THREE YEAR TERM AS A MEMBER OF THE AGRICULTURAL COUNCIL TO EXPIRE 11/2/16 AS PRESENTED.

Sel. Renzoni reiterated to the Administration that the Selectmen would appreciate meeting with all candidates for appointment or reappointment to a committee or commission.  This practice allows any new Selectmen to become familiar with all volunteers who serve on a town committee.

Chairman Lavigne also announced that at a meeting prior to the regular meeting, the Selectmen interviewed and voted to approve a new member to the Agricultural Council.  Mr. Jonathan Hart was appointed to a three year term.

The Manager updated the Board on the first annual Holden Winter Festival for Saturday, December 7, 2013 from 1PM-6PM.  The Winter Festival Committee has been working hard to hold the event which will take place at various locations along Main Street between the Senior Center and the First Baptist church.  The Gale Free Library will also host activities.  There will be activities for the whole family including ice sculpture demonstrations, storytelling, concerts at the Bandstand, foods, crafts, and fun.  The day’s event will be topped off with the arrival of Santa at 5PM at Town Hall and the lighting of the Town Christmas Tree.  Ms. Kelly asked the Selectmen to waive any permit fees for the event and also authorize the Town Manager to approve any late permit applications as they come in.

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO WAIVE ANY PERMIT FEES FOR THE WINTER FESTIVAL AND AUTHORIZE THE TOWN MANAGER TO APPROVE ANY LATE PERMIT APPLICATIONS FOR THE EVENT.

Sel. Ferguson asked if the town was setting a precedent by waiving the license fees for this event.  He asked if all applicants to the town would be afforded the same policy, quoting Thomas Jefferson “the power to the people.”  He said the town should not exempt itself from the fees for the event.  The Manager said that the town waives license fees to all town sponsored events (Holden Days, Memorial Day Parade Committee).  Chairman Lavigne also said that all involved in this event are non-profit; Boy Scouts, Churches, GFL, etc.

  1. Central MA Regional Stormwater Coalition – Authorization of Town Manager to Apply for CIC Grant

Town Manager Kelly announced that the Central Massachusetts Regional Storm-water Coalition (CMRSWC) is once again applying for a Community Innovation Challenge (CIC) Grant from the State.  Holden is one of 30-towns in the CMRSWC, and is one of the 13 ‘original’ participant towns that were awarded the first CIC grant in 2012.  The CMRSWC is now applying for a third year of funding from the CIC Grant program (2014) for an amount not to exceed $200,000.  The 2014 CIC Grant will include: Maintaining, upgrading, and calibrating equipment purchased in FY2012 and FY2013 to ensure longevity; Increasing town use of materials, including one-on-one time with each community to focus on town-specific needs, developing Performance Management tools, and increasing use of the Leica GIS survey tools and water kits/meters; and Increasing the financial and technical sustainability of the Coalition for future years.  Administration of the grant is provided by the Town of Spencer.   The CIC Grant has provided the town with a number of benefits at very low cost.  The Board reviewed a Project Informational providing additional information on the past, current, and future CIC Grant.  Ms. Kelly recommended that the Board vote to authorize the Town Manager to sign the third year CIC Grant Application as presented.

Ms. Kelly said that the town’s participation in the CMRSWC is working out very well for Holden.  Several town employees have participated in training sessions with equipment that has been purchased by CMRSWC.

Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO AUTHORIZE THE TOWN MANAGER TO SIGN THE FY2014 CIC GRANT APPLICATION AS PRESENTED.

Sel. Ferguson asked for a point of order.  He asked why a patrolman from the Holden Police Department was in attendance at the meeting.  Chairman Lavigne said that he would address Sel. Ferguson’s question after the Tax Classification Hearing.

  1. Tax Classification Hearing

Ms. Kelly read the notice of public hearing into record.  Ms. Kelly introduced Principal Assessor Rosemary Scully to the Board.  Ms. Scully became the Principal Assessor for the Town in early in 2013.

Principal Assessor Rosemary Scully presented a Tax Classification hearing for FY2014.  Ms. Scully introduced Jim Dillon, a member of the Board of Assessors.

She explained that the Town’s high residential factor of 93.58% prevents the Town from shifting the tax burden to its commercial base (6.4%).  She reported that the town’s valuation is up from FY13 due to the revaluation of property, growth in the market, and an increase in new growth in town.  She recommended a FY14 single tax rate of $17.75.  This is an increase of $0.38 from the FY13 tax rate.

Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO OPEN THE FY14 TAX CLASSIFICATION PUBLIC HEARING AT 6:53PM.

The Chairman asked if anyone from the public wished to speak at the public hearing.

Mr. Gordon McFee said he represented the Chamber of Commerce.  Mr. McFee urged the Board to continue to approve a single tax classification rate for the Town of Holden.  He said that the town’s unemployment rate had increased since FY13.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO CLOSE THE FY14 TAX CLASSIFICATION PUBLIC HEARING AT 6:55PM.

Ms. Kelly said that the prepared budget from last spring projected a tax rate of $18.00 and this tax rate comes in below that number.

Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO CONTINUE TO ADOPT A RESIDENTIAL FACTOR OF ONE THAT RESULTS IN TAXING EACH CLASS OF PROPERTY AT THE SAME RATE AS RECOMMENDED BY THE BOARD OF ASSESSORS.

The Board signed the documents into record.

  1. Police Presence at Board Meetings

Chairman Lavigne said that while he was brought into the conversation, the decision regarding police presence at Board meetings was made by Police Chief Sherrill.  He said no one had requested police presence at Selectmen meetings.  The Police Chief felt that this was the best use of his staff and the decision was at his discretion.

 

  1. Citizens’ Address

Mark Ferguson, 244 Bailey Road, spoke about the issue of police officers at Selectmen meetings.  He said he was disappointed that the Selectmen are in the same arena of shootings at schools and malls.  The Board is surrounded by war memorials and there is no violence at Selectmen’s meetings.  The closest the Board has come to violence was when a child’s balloon got caught in a ceiling fan during a meeting.  He said this was a violation of job duties.   He said the citizen’s should not feel threatened to approach the podium to address the Board and felt this was a waste of taxpayer money.  He said it was a sad day when the Selectmen sit scared and timid at something he has never seen.  He asked that the residents of town take notice how their money is being wasted.  He said it was nothing against the officer in attendance, but with those who make these kinds of decisions in a vacuum calling it “poppycock.”  He said there was nothing to fear.

  1. Follow Up to Citizens’ Address

Chairman Lavigne asked the Board if they would like to address Mr. Ferguson’s comments.  Sel. Ferguson said he felt this was a colossal waste of taxpayer money.  Chairman Lavigne said the Board does not take votes on how to deploy police officers.  Sel. Ferguson suggested that Chairman Lavigne, the Town Manager, and the Police Chief made this decision together in a back room.

Town Manager Kelly said that after discussion with Chief Sherrill, she concurred with Chief Sherrill’s decision to ensure safety and maintain an atmosphere of decorum at Selectmen meetings.

Sel. Renzoni asked that the conversation move on as Sel. Ferguson is unwilling to accept whatever is told to him referencing vacuums, poppycock, and decisions made in back rooms.  Sel. Ferguson asked if Ms. Kelly would like to pay for the police presence herself.

  1. James Cournoyer – Monty Tech Representative

Mr. Cournoyer a resident of 532 Shrewsbury Street, introduced himself as the Holden Representative to Monty Tech.  He referenced an incident involving Mr. DiSimone, the Monty Tech School Principal, which occurred on September 29, 2013.  Mr. DiSimone was arrested for allegedly driving drunk while driving a school vehicle in New Hampshire.

Mr. Cournoyer expressed his dissatisfaction with the way the School Superintendent has handled the events involving the principal.  However, he has no control over the discipline or actions of the principal.  Mr. Cournoyer did say that his duties do involve the hiring/firing of the School Superintendent. 

Mr. Cournoyer entered a letter from a Monty Tech parent into the record.  This parent said they were upset at the way the situation and dissemination of information was communicated to the Monty Tech community.

Mr. Madaus cautioned the Board against discussing the disciplinary facts and speculating about what happened and someone else’s conduct under the jurisdiction of another School District.

Sel. Renzoni thanked Mr. Cournoyer for coming forward and for supporting the students and parents at Monty Tech.

  1. Chapter 61A – Option to Purchase Land Public Hearing – 12.2 Acres Located on Princeton Street, Assessors Map 36, 1-2

Chairman Lavigne recused himself from the discussion due to a conflict of interest.

Ms. Kelly read the notice of public hearing into record.  Ms. Kelly informed the Board that the town received a Notice of Intent to sell and convert to residential use, 12.2 acres on Princeton Street owned by William L. Drugan.

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED 4-0 TO OPEN THE PUBLIC HEARING AT 7:20PM.

Ms. Denise Cummings, 1040 Princeton Street, said she was an abutter to the property and a proponent of agricultural land and open space in Holden.  She said she was the Chair of the Holden Agricultural Commission.  Ms. Cummings said this land has been in her family and farmed for over 100 years.  She expressed concern regarding the intended use of the land when sold and a street that is too small to handle the increase in traffic.  She urged local farmers to preserve and protect their farmland.

Ms. Amy Smith, 37 South Road, addressed the Board as the listing agent for the property and legal assistant to the attorney handling the sale.  She said the property owner no longer lives in town, is unable to maintain the land, and is in need of the money.  She said the intended buyer has been vague with his intentions with the land, implying that he may subdivide or keep the land in its current use.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED 4-0 TO CLOSE PUBLIC HEARING AT 7:34PM.

Attorney Madaus and the Town Manager reviewed the town’s options.    The property has been in Classification under the 61A program since 1983.  Whenever an owner of classified land plans to sell or convert Ch. 61A land, the town has the right to match a bona fide offer to purchase it or may assign its option to a non-profit conservation organization.  The owner cannot sell or convert the land until 120 days have passed since the have passed since the mailing of the required notices or until the owner has been notified in writing by certified mail that the town will not exercise the option.  The offer of $399,000 to purchase the property was received by the town on November 4, 2013.  The parties hope to finalize their agreement on or before December 1, 2013 pending the town’s decision to release the Ch. 61A restriction.  The intention of the buyer is to subdivide the parcel and develop the property into one or more lots. 

The information was forwarded to the Conservation Commission, the Assessor’s Office, and the Agricultural Commission.  The Town Manager said she only heard back from the Assessor’s office with a memo that outlined the tax implications of removing the property from the land use program.

A motion made by Sel. Renzoni and seconded by Sel. Ferguson that pursuant to MGL Ch. 61, Section 8, the Town of Holden by vote of its Board of Selectmen has determined not to exercise its option and/or assign its option to purchase any portion of land classified under Chapter 61A, Forest Land, located on Princeton Street, containing 12.2 acres, owned by William L. Drugan, and identified on Assessors’ Map 36, Parcel 1.2 as presented by the Administration was discussed.

Sel. Renzoni agreed with the comments made by Ms. Cummings.  The town talks about creating a fund to purchase these types of properties when these circumstances arise, but it seems that the money is never found to exercise this option.  He asked that Ms. Cummings comments be entered into the record.

Sel. Ferguson concurred that it is impossible for the town to come up with $400,000.  The towns’ only other option is to assign the purchase to a non-profit.  Unfortunately, no non-profit group stepped forward and the town is not prepared to make the purchase.  He did ask the administration that town services (plowing/sanding) find their way to the residents on Princeton Street in a timelier manner.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED 4-0 THAT PURSUANT TO MGL CH. 61, SECTION 8, THE TOWN OF HOLDEN BY VOTE OF ITS BOARD OF SELECTMEN HAS DETERMINED NOT TO EXERCISE ITS OPTION AND/OR ASSIGN ITS OPTION TO PURCHASE ANY PORTION OF LAND CLASSIFIED UNDER CHAPTER 61A, FOREST LAND, LOCATED ON PRINCETON STREET, CONTAINING 12.2 ACRES, OWNED BY WILLIAM L. DRUGAN, AND IDENTIFIED ON ASSESSORS’ MAP 36, PARCEL 1.2 AS PRESENTED BY THE ADMINISTRATION.

Sel. Lavigne returned to the meeting at 7:42PM.

  1. Town Manager Miscellaneous

 

  1. Ms. Kelly reported that a flag retirement ceremony was held by the Boy Scouts, Troop 180, on Tuesday, November 12th at the Trout Brook Recreational Area.  Six boxes of used US Flags had been donated to the town using the special collection box made by the DPW.  The box is located at the Senior Center.  Troop 180 did an excellent job of seeing that the flags were properly retired and disposed of.  Thanks to the Boy Scouts for their successful efforts.  Sel. Renzoni commended the Town Manager for initiating and implementing this service to town residents.
  2. Ms. Kelly announced that according to Andrea J. Cabral, Secretary of Public Safety and Security, has informed the town that three Holden firefighters will be honored for outstanding acts of heroism and bravery at the Annual “Firefighter of the Year” Award Ceremony.  The ceremony will be held on December 19, 2013 at the Kresge Auditorium located on the campus of MIT in Cambridge, MA.  The honorees are Lt. David Chapin, Lt. Barry Tupper, and Firefighter/Medic Paul Pierce.  These men are being recognized for the actions they took to rescue a man who had fallen into a silo and was trapped.  Their quick and decisive actions taken by these men saved the victim’s life.  Congratulations to the Holden Fire Department.  Ms. Kelly said any Selectman who wished to attend the ceremony should contact the Town Manager’s office.
  3. The Board reviewed a memo from Interim Superintendent of Schools Anthony Gasbarro.  The Superintendent Screening Committee has narrowed the list of candidates to four finalists.  The next step in the process is to invite the finalists to visit the District and meet with Member Town and District stakeholders.  Town Officials are invited to meet and speak with the four finalists from 10AM-11AM on December 3, December 4, December 5, and December 6 at the District Central Office.  Attendances are asked to RSVP the District. Chairman Lavigne said that a public comment period would immediate follow each meet and greet event.  The interviews will be held in the Media Center at the High School.
  4. Ms. Kelly informed the Board that the WRTA has experienced funding cuts which caused them to stop providing some rides it previously provided to American with Disabilities Act passengers in Holden.  The Holden Senior WRTA van will now provide rides to these ADA clients between the hours of 8:30AM-3PM.  Approximately 10 new clients have been added to the driving schedule.  Ms. Kelly added that initially, the town was given little if any notice about the funding cuts and the WRTA finally relented and extended the deadline about one week.  As of November 17, 2013, the Holden Senior Van has been in contact with these ADA clients and has worked them into the driving schedule – mostly trips to and from work.  Sel. Ferguson thanked the staff at the Senior Center for incorporating these new clients into their schedule.  He suggested that money being used to pay for police detail at Board meetings to give it to the Senior Center to be used for this endeavor.  Chairman Lavigne said that this request would require a vote of town meeting and did not think that it was the purview of the Board to make adjustments to the public safety budget.  Sel. Ferguson said “it certainly made you think.”
  5. The Board reviewed Year-to-Date Revenue and Expenditure Reports for the period ending October 2013, prepared by Lori Rose, Town Accountant.
  6. Town Manager Kelly commented that the Town Hall had its burner converted over to natural gas on November 25, 2013.  All municipal owned buildings in the center of town will be converted to natural gas by the end of the fiscal year.

 

  1.  Selectmen Subcommittees

Sel. Lavigne: Winter Festival Committee: The Festival will be held on Saturday December 7th from 1PM – 6PM.  Snow will be served!

EDC: Will meet on 11/27 with three new members in attendance.  

 

Sel. Renzoni: Water/Sewer: Met on 11/7.

Veteran’s Committee: Committee still has vacancies available.  Ken Starbard continues to be the driving force of the Committee. 

 

Sel. Lipka: Municipal Light Department Advisory Board: Met on November 21, 2013 to approve the HMLD 2014 Calendar Budget.  HMLD Manager Jim Robinson will present the budget at the December 2nd meeting.

Affordable Housing: Has not met.

Sel. Ferguson: Not currently serving on a Committee.

 

Sel. Kurtz: EDC:

Memorial Day Parade: Next meeting is December 11th.

 

11.  Selectmen Minutes

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was 4-1 WITH 1 OPPOSED TO APPROVE THE MEETING MINUTES OF NOVEMBER 4, 2013 AS AMENDED BY SEL. LAVIGNE AND SECONDED BY SEL. RENZONI TO CHANGE “SEL” TO “MR.” IN THE FIRST PARAGRAPH UNDER CITIZENS’ ADDRESS ON PAGE THREE CHANGE SEL. LIPKA’S #2 “PERSONAL ITEMS” WITH “PERSONALITIES” UNDER SEL. MISCELLANEOUS AND CHANGE THE “N” IN NOVEMBER TO AN “M” FOR “MOVEMBER” UNDER SEL. LAVIGNE’S SEL. MISCELLANEOUS ON PAGE 5 AND REPLACE THE THIRD PARAGRAPH ON PAGE 5 WITH “SEL. FERGUSON AGREED THAT THE RECORDER TAKES GREAT MINUTES BUT OFFERED THE FOLLOWING: IT SEEMS TO ME LIKE WE’RE TRYING TO ADD THEATRE TO THE SELECTMEN’S MEETINGS.”  SEL. FERGUSON CONTINUED WITH “I DON’T KNOW WHAT THESE ARE GOING TO DO OUTSIDE OF SELF-SERVING THEATRE TRYING TO WORK TOWARDS A CENSURE.”  SEL. FERGUSON WENT ON TO COMPARE HIS SERVICE TO THAT OF THE STATE LEGISLATURE AND FOLLOWED UP WITH “AND YET, I’M NOT GOING TO SURRENDER TO A PACK OF WOLVES WHO REHEARSE, AND DO EVERYTHING THEY CAN DO TO DEFAME ME.  WHO THROW SCREAMING ACCUSATIONS.”  CHAIRMAN LAVIGNE WAS FORCED TO POINT OUT ONCE MORE THAT SEL. FERGUSON IS OUT OF ORDER.  SEL. FERGUSON THEN PROCLAIMED: FOUR TO ONE, WE GET IT, BUT I’M NOT LEAVING.  IN FACT, I’M RUNNING AGAIN.”  (OPPOSED: FERGUSON.)

Sel. Lipka said that 50 years ago President Kennedy thought it was safe to go to Dallas.  He said it was not the purview of the Board to second guess the judgment of the Chief of Police.

Sel. Ferguson again stated that he felt the police officer was a colossal waste of money.  Selectmen’s meetings are safe.  Chairman Lavigne said at no time did any Selectman contact himself or the Town Manager to say that they did not feel safe.  Sel. Ferguson asked if there had ever been any violence at a Selectman’s meeting.  Chairman Lavigne said that everyone’s opinion had been duly noted for the record.  He asked Sel. Ferguson to stop grandstanding.  Sel. Ferguson commented that the chairman should “run and hide.”

  1.    Selectmen Miscellaneous

Chairman Lavigne commented that Sel. Ferguson’s inquires under Sel. Miscellaneous were some “heavy lifting.”  While these are very good questions, Sel. Ferguson did not pick up the phone or shoot the Chairman an email with these questions.  A conversation must be had before addressing these items under Selectmen’s Miscellaneous.  Selectmen’s Miscellaneous historically has been for light items or to announce good news.  He said that he would be more than willing to add Sel. Ferguson’s concerns to the agenda to allow time for research by the Administration and thoughtful debate by the Board.

Sel. Ferguson asked if the Chairman was through grandstanding.

Sel. Ferguson: 1. Submitted several inquiries in writing to the Town Manager’s office on November 13, 2013 (date stamped November 14, 2013) regarding the ECC property.  These inquiries included: if the property owners paid their taxes on November 1, 2013; if the Selectmen could receive a copy of the most recent tax bill including all monies due to the town to date; if the ECC owners received the most recent tax bill or if it was returned as undeliverable; if the building(s) on the ECC property could be demolished as a “public nuisance”; and if the administration was pursing any grants for the property.

He thanked the administration for providing the attached documentation to answer the above questions.

He said that he felt the property was a public nuisance.  He asked Town Counsel if the town was negligent knowing that they have an abandoned property in town if someone were to become injured on site.  He questioned whether the town should demolish the building and place a lien on the land.  Ms. Kelly said this particular property cannot just be demolished; serious hazardous waste abatement would need to happen prior to just tearing the structure(s) down.  Town Counsel commented that the Town doesn’t have an obligation to make all private properties safe in town.  The Town has to allocate its resources.  Chairman Lavigne asked where the Town’s abatement obligation would end.  Sel. Lipka felt that once the town demoed the property, it would then own it.  He added that it was not an easily accessible property.  Sel. Renzoni said that the Board and Town Manager have heard all of this before and this is just a classic hijacking of Sel. Miscellaneous by Sel. Ferguson.  The Board has closed this discussion by determining that they will not pursue ownership of the ECC.  Just because something was time stamped by the Town Manager’s office does not guarantee its discussion.

He made a motion to adjourn the meeting that was seconded by Sel. Lipka.  He said that Sel. Ferguson was wasting money by engaging the opinion of Town Counsel.

Sel. Kurtz said he objected to the motion to adjourn because he said that the rest of the Board did not get to discuss their items under Sel. Miscellaneous.  The Chairman informed Sel. Kurtz that he did not submit any items to discuss under Sel. Miscellaneous.

  1.  ADJOURNMENT

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 3-2 WITH 2 OPPOSED TO ADJOURN THE MEETING OF NOVEMBER 25, 2013 AT 8:22PM.  (OPPOSED: FERGUSON, KURTZ.)

Approved: December 16, 2013 as amended