Board of Selectmen, October 20, 2014
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
OCTOBER 20, 2014
6:30PM Memorial Hall
Present: Chairman Anthony Renzoni, Jeremy Kurtz, Robert Lavigne, Mark Ferguson, Kenneth O’Brien (6:32PM)
Others Present: Jacquelyn Kelly, Town Manager
Peter Lukes, Assistant Town Manager (6:32PM)
Stephen Madaus, Town Counsel
Elizabeth Fotos, Recording Secretary
Chairman Anthony Renzoni called the meeting to order at 6:30PM. The Board stood to recite the Pledge of Allegiance.
- Update from MA Delegation; Senator Harriette Chandler, Representative Kim Ferguson
Chairman Renzoni welcomed Senator Chandler and Representative Ferguson.
Representative Ferguson told the Board that she had been appointed to the Foundation Budget Review Commission.
Sel. O’Brien and Mr. Lukes entered the meeting at 6:32PM.
Representative Ferguson told the Board that the first meeting was on October 9, 2014 and that they were trying to get one to come into the Central Massachusetts area. She told them that they could also go over concerns offline, or submit anything in writing so she could address the issues.
Senator Chandler suggested having someone review records from years in the past to see what the Town’s previous questions had been. Senator Chandler stated that they would be writing early legislation in January and she wanted the Town’s feedback and questions so that it could be addressed and possibly made into early legislation.
Sel. Lavigne thanked Representative Ferguson and Senator Chandler. He asked about local waterways how they were not being kept up. He asked if the Town could work with them for state assistance.
Representative Ferguson replied yes, for vegetation and growth. Senator Chandler replied that they could work together but that it was not necessarily legislation.
Ms. Kelly thanked them both for coming. She asked if there were any state relief programs that would contribute or reimburse the transportation for high school students who have been placed in out-of-District vocational schools. Ms. Kelly also asked if down the line there may be a bill that could address out of district placement and the ability to fund this type of placement.
Representative Ferguson replied that one of the things that is being looked at is how to bring a vocational program closer to the Central Massachusetts area. She acknowledged that this was a long term solution and stated that she could look and see if there was any temporary relief for the Town this year.
Representative Ferguson asked the Board to send follow up questions for the committee.
Chairman Renzoni thanked them both for their time and service.
- Appointments, Licenses, and Permits
Two package stores (Grants Groceries, Inc., and Holden Wine & Spirits) both applied for a change in Sunday hours in line with the recent change permitted by The Alcoholic Beverages Control Commission (ABBC) advisory M.G.L. c. 138, §15 Off-premise retail licensees Sunday opening time allowed at 10:00AM.
Sel. Lavigne asked if the Chief of Police had reviewed the applications. Ms. Kelly stated that she did not believe that he had, but that she didn’t think the Board could not approve the applications as they were in line with the recent change presented by ABBC and adopted by the Board of Selectmen a few months prior.
Mr. Madaus stated that the new regulations made extended hours available as a right so the Board of Selectmen (the local licensing authority) should approve it.
Sel. O’Brien stated that he was against allowing these stores to sell alcohol earlier than 12 noon.
Chairman Renzoni stated that the Board took a vote earlier in the summer to approve this change of time. He said that to vote negative would be asking the Board to go back on that vote.
Sel. Ferguson stated that he agreed with Sel. O’Brien and thought people could wait until 12 noon to purchase alcohol.
Sel. Kurtz stated that he didn’t think that the Board needed to vote, just to sign the document.
Chairman Renzoni again said that it was the law of the Commonwealth to allow stores to open at 10AM. He asked if the Board wanted to go back on a policy.
Sel. O’Brien questioned if the Board of Selectmen voting to affirm this change earlier in 2014 mandated that they approve all entities that came before them.
Sel. Lavigne stated that the Board had already taken a position on the matter. Sel. Kurtz agreed and stated that he didn’t feel the Board had an option as they had already voted to adopt the new regulations allowing businesses to open at 10AM on Sundays.
Sel. Lavigne said that they had previously had the conversation about changing the hours to 10AM. He said he felt as though the market should decide the hours.
Sel. Kurtz agreed with Sel. Lavigne. He also stated that the memo from the ABCC MGL 138 Section 5, states that the licensees are entitled and do not need the Board’s approval.
Sel. O’Brien disagreed. He stated that if they do not sign the document then they can’t operate. He stated in essence they did require the Board’s approval. He said that when the discussion occurred over the summer, it centered on the change of law and the fact that the Board needed to adopt the change in the law. Sel. O’Brien stated that businesses applying for the 10AM open time on Sunday were the ramifications of accepting that law. Sel. O’Brien stated that he did not want alcohol to be sold before 12 noon on Sunday and wanted to hold off for Mr. Madaus to review the information before voting.
Sel. Ferguson agreed with Sel. O’Brien.
Mr. Madaus stated that he believed the signatures on the document were for notification purposes not approval purposes.
Motion by Sel. Lavigne seconded by Sel. Kurtz it was VOTED TO APPROVE SIGNING FORM 43 WHICH ACKNOWLEDGED THAT THE BOARD OF SELECTMEN HAD RECEIVED NOTIFICATION FOR GRANT GROCERIES, INC. DBA ONE STOP FOOD STORE TO CHANGE THEIR HOURS OF OPERATION FOR MALT AND WINE SALES FROM SUNDAY 12 NOON UNTIL 11PM TO SUNDAY FROM 10AM UNTIL 11 PM BY A VOTE OF 3-2. (Lavigne: yes; Kurtz: yes; Renzoni: yes; Ferguson: no; O’Brien: no).
Motion by Sel. Lavigne seconded by Sel. Kurtz, it was VOTED TO APPROVE SIGNING FORM 43 WHICH ACKNOWLEDGED THAT THE BOARD OF SELECTMEN HAD RECEIVED NOTIFICATION FOR HOLDEN WINE & SPIRITS TO CHANGE SUNDAY HOURS OF OPERATION FROM 12 NOON TO 6PM TO SUNDAY FROM 10AM TO 6PM BY A VOTE OF 3-2. (Lavigne: yes; Kurtz: yes; Renzoni: yes; Ferguson: no; O’Brien: no).
- Acceptance of Gift from Holden Garden Club
Ms. Jane Peck from the Holden Garden Club was present to officially present the Town of Holden with the new window boxes at Town Hall.
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO APPROVE ACCEPTING THE WINDOW BOXES AT TOWN HALL FROM THE HOLDEN GARDEN CLUB.
The Chairman thanked Ms. Peck for the donation to the Town.
- CERT Team Recognition
Chief Chandler and the CERT team were present at the meeting to be honored by the Board of Selectmen for their outstanding performance during the fireworks display put on by the Oriol Family. Chief Chandler detailed the integral role that the CERT Team played during the event.
Ms. Kelly also commended the CERT Team for their work during the gas main leak at the Big Y Plaza.
Chief Chandler replied that the CERT Team had been involved in a number of events and as people became aware of their abilities he felt that they would be called upon more.
The Board of Selectmen stood to shake the hands of the CERT Teams and thanked them for their efforts.
- Eagle Scout Recognition
Sel. Lavigne told the Board that he was working on having a number of Eagle Scouts come in together to be recognized. Chairman Renzoni moved this agenda item to a later date.
- Town Manager Miscellaneous
a. Fall Composting and Brush Chipping: The DPW will be providing composting and brush chipping on the following Saturday this fall: October 25, November 1, November 8, November 15, November 22, and December 6. Leaves and grass will be accepted at the former landfill on River Street. Brush chipping will be done at the Adams Road Garage due to other Asian Longhorn Beetle infestation. Hours of operation are 8:00 am to 2:30 pm weather permitting.
These services are available to Holden residents only. Further information is available at www.holdenma.gov.
- Best of Friends Harvest Fair: The Friends of the Council on Aging will be holding their annual Harvest Fair on Saturday, November 1, 2014 at the Holden Senior Center from 9:00AM to 2:00PM. There will be items available from professional crafters and senior crafters, as well as lunch including homemade soups and desserts. Admission is a donation for the Wachusett Family Pantry.
- State Election, November 4, 2014: The state election is scheduled for Tuesday, November 4, 2014. Polls will open at 7:00AM and close at 8:00PM. Polling are:
Precincts 1, 2 Senior Center
Precinct 3 Davis Hill School
Precinct 4 Mountview School
Precinct 5 Holden Light Department
- 2014 Holiday Hours: In the past, the Board of Selectmen has allowed the town business offices to close the day after Thanksgiving and at 12 Noon on the day before Christmas. The closings have not had a negative impact on the public as these are typically quiet days for customer traffic. The gesture by Selectmen is greatly appreciated by the employees and has a positive influence on morale. This year, Christmas Day falls on a Thursday. Should the Board want to consider it, I further recommend closing town business offices on the Friday after Christmas or December 26, 2014. Most business offices are open for ½ day on Fridays. Ms. Kelly did not believe that this would be an inconvenience to the public and it would be advertised in advance.
Motion by Sel. O’Brien, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED AS A GESTURE OF GOOD WILL AT THE HOLIDAY SEASON, TO CLOSE TOWN BUSINESS OFFICES FOR ONLY NON-ESSENTIAL PERSONNEL ON FRIDAY, NOVEMBER 28, 2014, WEDNESDAY, DECEMBER 24, 2014, AT 12 NOON AND ON FRIDAY, DECEMBER 26, 2014. ONLY ESSENTIAL PUBLIC SAFETY EMPLOYEES WHO ARE SCHEDULED TO WORK OR WHO ACTUALLY WORK ON THESE DAYS WILL BE ELIGIBLE TO RECEIVE UP TO EIGHT (8) HOURS OF COMPENSATORY TIME OFF AT THE DISCRETION OF THE TOWN MANAGER.
Ms. Kelly also reminded the Board that town offices would be closed on Veterans Day.
- Citizens Address
Mr. Mark Ferguson, 244 Bailey Road addressed the Board about the previous Selectmen’s meeting, October 6, 2014 regarding Unaccounted for Water.
Sel. Lavigne left the meeting at 7:11PM.
Sel. Lavigne returned to the meeting at 7:12PM.
Mr. Ferguson inquired as to why the Town could not fix the water issues. Mr. Ferguson stated that more than 38% of leaks came from leaking hydrants. He stated that these leaks were inexpensive and easy to fix. He asked why it took 1.5 years to test these hydrants. Mr. Ferguson also stated that under registering large capacity water meters were a source of unaccounted for water, he asked why it took over 1.5 years to test these meters. Mr. Ferguson also stated that the administration told the public that they were going to conduct a “sample audit of the water customer database billing system.” He stated that it was 2 years later and nothing had been done about this audit.
Mr. Ferguson stated he believed that there were too many excuses surrounding unaccounted for water. He noted weather as an excuse but stated a lot of the work was inside buildings. He also said hydrants can be tested in the winter and that other places (Worcester) dig and repair water leaks all year long.
Mr. Ferguson stated that Holden homeowners pay surcharges on top of the water and sewer prices. He said that lost water is lost revenue and suggested the Town Manager and DPW Director and the Water/Sewer Superintendent should forfeit their cars as incentive to lower unaccounted for water or move into town and pay the water fees Holden residents pay.
Chairman Renzoni closed Citizens Address at 7:18PM.
- Charter Service Changes
Ms. Heidi Vandenbrouck, representing Charter Communications and Larry Popple, Chairman of Cable Television Committee, were present in order to outline the changes in Charter services.
Ms. Vandenbrouck stated that Charter was making a change to provide its customers with all digital services. In line with this change, many channels will move locations; a detailed line up was attached to the customer notification that was sent to all existing Charter customers.
Ms. Vandenbrouck also stated that over 90 percent of Charter’s existing customers used digital equipment from Charter. However, for Charter customers without a digital set top box, they were providing free digital equipment for a specified period of time depending on eligibility. These offers vary based on customer’s current level of service and can be found in greater detail in the customer service notification.
Any questions can be answered by calling Charter customer care group at 1-888-GET CHARTER (1-888-438-2427)
Mr. Popple congratulated Charter on the change over. He stated that his experience with Charter’s customer service was positive and that many people were complimentary about it. Mr. Popple did raise the question as to whether Charter was going to merge with Comcast. He stated that he did not want that to happen and that there was a need for competition about the cable providers.
Ms. Vandenbrouck replied that she could not speak on that matter.
Chairman Renzoni left the meeting at 7:32PM.
Sel. Ferguson agreed with Mr. Popple about rates and competition. He stated that he would email the FCC and reach out to his Congressman to voice his dissent.
Sel. Ferguson asked a question on behalf of Ms. Kimberly O’Connell, 59 Jamieson Road. Ms. O’Connell wanted to know if the meetings of the Board of Selectmen and School Board were still on public access and was she able to view old meetings.
Mr. Popple replied that the local access channels were 191, 192, 193 (former 11, 12, 13) and the meetings could be found there.
Chairman Renzoni reentered the meeting at 7:36PM.
Sel. Ferguson asked if there was any way for Worcester County to band together, and as a bigger entity, have the buying power to lower the cost of the services. Mr. Popple responded that Congress will not allow that.
Sel. Lavigne told Ms. O’Connell that the replay of school committee meetings could be found on hctv11.com. He also asked if due to the channel changes, if the website would also be changing.
Ms. Kelly stated that she would follow-up with the Holden Community Cable TV staff.
Chairman Renzoni thanked Ms. Vandenbrouck and Larry.
- Regional Emergency Communications Center; IMA- Holden/ West Boylston
Both Chief David Armstrong and Chief Jack Chandler were present at the meeting.
Ms. Kelly told the Board that she had attached in the packet the Intermunicipal Agreement (IMA) between the Towns of Holden and West Boylston. She stated both Chiefs recommend that they vote to authorize the Town Manager to sign the attached agreement so the Town can move forward with preparation and planning for joining the Town of West Boylston with our Regional Dispatch operation (Holden/ Princeton).
Ms. Kelly reminded the Board that with the current agreement with Princeton, Holden shares costs. The breakdown is based on population call volume. By adding West Boylston to the agreement, Holden’s cost will drop from 81% to 57.68%.
Sel. Ferguson stated that this matter was going to require a vote and based on his personal conflict with Chief Chandler he was recusing himself.
Sel. Ferguson left the meeting at 7:44 PM.
Chief Armstrong detailed the work that had been happening in order to have the cross over go live. He said that the Town had been the recipient of many grants that had helped to fund this change. He also stated that we would be going to 7 full time dispatchers which was a need that Holden had as the role of dispatcher was a high stress position that required experienced professionals.
Chief Chandler reiterated Chief Armstrong’s sentiments on the dispatchers; he noted that dispatchers used to be entry level positions, however now it is a profession. Chief Chandler stated that Princeton helped from an operational standpoint and that West Boylston would help from a financial point. He stated that there would now be 2 dispatchers on at all times. He stated that they will continue to work together with West Boylston and Princeton to have a true regional center.
Ms. Kelly told the Board that all the prep work, planning, cost of equipment, radio’s, telephones, training, and personnel costs had all been offset by grants. She stated that the Town had received over 680K in grant monies and that the Town was eligible for an additional 900K to fund a study to join with W. Boylston.
Sel. O’Brien asked how many dispatchers worked in Holden currently and what the cost would be to add additional dispatchers.
Chief Chandler replied 1 on every shift, so with the change it will double and the 911 grant money will cover the cost.
Sel. O’Brien asked with the increasing population how the call volume would be affected and if Holden would be negatively impacted.
Chief Chandler replied that by regionalizing the Town is able to better serve the community without adding to the bottom line. He stated that one dispatcher cannot keep up and that by adding an additional dispatcher the Town would be better serviced.
Sel. O’Brien asked if Holden was being served better if we were sharing dispatchers with other towns.
Chief Chandler replied that statistically our Town and other towns having the same high call volume at the same time would be very low. By moving forward with this agreement the Town will in fact be able to handle more calls.
Sel. Kurtz stated that the Board had spent a lot of time discussing OPEB. He asked if these would be Holden employees and how we would fund their retirement.
Ms. Kelly replied that part of the grant money will offset that cost.
Ms. Kelly stated that West Boylston would probably not actually join until early 2016. Princeton and Holden will cut over effective 12/2/14 and will be up and running throughout 2015 and then West Boylston would come aboard.
Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was VOTED TO AUTHORIZE THE TOWN MANAGER TO SIGN THE INTERMUNICIPAL AGREEMENT WITH WEST BOYLSTON SO PREPARATION CAN BE MADE TO JOIN THE TOWN OF WEST BOYLSOTN WITH OUR REGIONAL DISPATCH OPERATION (HOLDEN/ PRINCETON) BY A VOTE OF 4-0. (Ferguson: not present).
Sel. Lavigne thanked the Chiefs for their work.
Sel. O’Brien asked if both the Chiefs were comfortable with the Town doing this with the other towns having the ability to withdraw within 18 months.
Chief Armstrong stated that it was our systems up and running. If another town wanted to leave, it would leave them without services, not us, so we would not be adversely impacted.
Sel. Ferguson reentered the meeting at 7:59PM.
- Selectmen Subcommittee
Sel. Lavigne stated that Winter Festival was moving forward in positive way.
Sel. Kurtz stated EDC and Memorial Day Parade Committee had not met.
Sel. O’Brien stated that OPEB and Municipal Electric Power Advisory Board had not met.
Ms. Kelly stated that OPEB was scheduled for Wednesday, October 22, 2014 at 7PM. FINCOM was set to meet with OPEB.
Chairman Renzoni stated that the Agricultural Commission did not meet; however, they had been emailing on 61A Land.
- Selectmen Minutes
Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO APPROVE THE SEPTEMBER 25, 2014 GOAL SETTING STRATEGY MEETING MINUTES.
- Follow Up on Citizens’ Address
Sel. O’Brien asked Ms. Kelly if there was any intention of doing the audit of the billing records.
Ms. Kelly stated that the billing system audit is part of the 12 step plan.
Chairman Renzoni replied that he thought Mr. Woodsmall was very clear that they were systematically going through the plan. Chairman Renzoni said that DPW couldn’t do everything at the same time because of the cost and that it was part of the plan to audit the billing system. He suggested anyone who was questioning this matter to go back to their notes from October 6, 2014 when Mr. Woodsmall was present to review what was said or to email the Town Manager.
- Selectmen Two- Minute Speeches
Sel. Ferguson stated that he had spoken to Ms. Vandenbrouck, Charter, and asked if the TV residential channel line up could be added to our website. Sel. Ferguson handed the document to Ms. Kelly.
Sel. Ferguson also stated that he had a question on the 75K warrant article on the gas conversion at Dawson school. He stated that it was frustrating because the Town was doing a great thing, however they were not getting 100% savings. Sel. Ferguson stated it was later learned that the boiler that was there did have the capabilities to do this and that it would then be under the 25K threshold (~17K). Sel. Ferguson asked if it would be worth it for the Town to bring this matter to light to the school administration and save money by not funding that warrant article.
Ms. Kelly asked if she could respond. Chairman Renzoni asked Ms. Kelly not respond and that if she wanted to have the discussion at the next meeting it could be added to the agenda.
Sel. Ferguson stated he had never seen a government run in this manner; against free speech.
Chairman Renzoni told Sel. Ferguson his two minutes were up.
Sel. Ferguson replied “How convenient time’s up.”
Chairman Renzoni gaveled Sel. Ferguson.
Sel. Lavigne stated that he felt that the Board had hit a low during last week’s meeting when Sel. Ferguson accused the police of following him home. Sel. Lavigne stated that he felt it was a horrible, unwarranted comment. He further stated that this type of harassment of Town employees was unacceptable. Sel. Lavigne apologized to the police officers on his behalf.
Sel. Ferguson made an inaudible comment.
Chairman Renzoni gaveled Sel. Ferguson.
Sel. Ferguson continued to speak and disrupt the conversation. Chairman Renzoni again gaveled Sel. Ferguson and told Sel. Ferguson that he was out of order.
Sel. Kurtz passed on his two minutes.
Sel. O’Brien spoke about the Goal Setting Meeting. He stated that the first item discussed was taxes and he wanted to encourage Ms. Kelly to not raise taxes at all. Sel. O’Brien stated that he knew there were a lot of needs in the town but that the residents had endured 10 plus years of raising taxes and it would be refreshing to not raise them this year.
Sel. Ferguson asked if he could second that.
Chairman Renzoni stated it is not a motion.
Chairman Renzoni thanked DPW Director and the Management for all the work that had been done especially pertaining to the October 6, 2014 meeting. He also wanted to correct the record to state that there was no surcharge in Town. Chairman Renzoni stated that the water/ sewer department established a fixed fee that was the cost of brining the water to your home. Chairman Renzoni stated that because of those moves, the Town was able to balance the water-sewer fund and move forward with capital improvements.
- Enter into Executive Session
Motion was made by Sel. Lavigne; it was seconded by Sel. Kurtz.
Sel. Ferguson asked if the Town Manager would be attending the meeting as per Town of Holden bylaws.
Chairman Renzoni replied that the Town Manager shall be present at all regular meetings, or she may send a delegate. With regards to executive session meetings, it is not required for the Town Manager to be in attendance.
Sel. Ferguson stated that it is on the meeting agenda and posted as a regular meeting. He stated that if Ms. Kelly would be there he will attend.
Chairman Renzoni responded that the Board was acting in accordance with the Charter.
Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED BY 4-1 TO ENTER INTO EXECUTIVE SESSION TO CONDUCT STRATEGY SESSION IN PREPARATION FOR NEGOTIATIONS WITH NON-UNION PERSONNEL AND TO CONDUCT COLLETIVE BARGAINING SESSIONS OR CONTRACT NEGOTIATIONS WITH NON-UNION PERSONNEL (I.E THE TOWN MANAGER) AS PER MGL c. 30A, SECTION 21(a); AND TO REVIEW AND/OR APPROVE MINUTES FROM AN EXECUITVE SESSION HELD BY THE BOARD AT A MEETING ON SEPTEMBER 15, 2014 FOR THE PURPOSE OF DISCUSSING STRATEGY WITH RESPECT TO LITIGATION IF AN OPEN MEETING MAY HAVE A DETRIMENTAL EFFECT ON THE GOVERNMENT’S LITIGATING POSITION, AND THE CHAIR SO DECLARES (HOLDEN v. THE DEPARTMENT OF CONSERVATION AND RECREATION, AND THE CITY OF WORCESTER RE:SEWER TRANSPORT RATE) AS PER MGL c. 30A SECTION 21(a), NO. 3. AND TO RETURN TO REGULAR MEETING FOR THE SOLE PURPOSE OF ADJOURNMENT. (Lavigne: yes; Kurtz: yes; Renzoni: yes; O’Brien: yes; Ferguson: no).
Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO ADJOURN THE OCTOBER 20, 2014 BOARD OF SELECTMEN MEETING AT PM). (Lavigne: yes; Kurtz: yes; Renzoni: yes; O’Brien: yes; Ferguson: not present).
APPROVED: _December 1, 2014__as amended__