Board of Selectmen, December 1, 2014

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

DECEMBER 1, 2014

6:34PM                                                                                                           Memorial Hall

Present:  Chairman Anthony Renzoni, Jeremy Kurtz (6:36PM), Robert Lavigne, Mark Ferguson, Kenneth O’Brien

Others Present:             Jacquelyn Kelly, Town Manager

                                    Peter Lukes, Assistant Town Manager

                                    Elizabeth Fotos, Recording Secretary

Chairman Anthony Renzoni opened the meeting at 6:34PM.  The Board stood to recite the Pledge of Allegiance.

1. Appointments, Licenses, and Permits

A memorandum was provided to the Board by Ms. Kelly detailing a list of establishments that are in compliance.  It was recommended to renew the annual licenses for these businesses. 

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE ANNUAL LICENSE RENEWALS FOR THE BUSINESSES LISTED ON THE MEMORANDUM DATED DECEMBER 1, 2014 THAT OUTLINED THE BUSINESSES IN TOWN THAT WERE IN COMPLIANCE.  (4-0).

Sel. Kurtz entered the meeting at 6:36 PM.

A memorandum was provided to the Board by Ms. Kelly detailing a list of establishments that as of December 1, 2014 were not in compliance. 

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE THE ANNUAL LICENSE RENEWALS FOR BUSINESSES THAT ARE NOT CURRENTLY IN COMPLIANCE PENDING THE BUSINESSES BECOMING COMPLIANT PRIOR TO DECEMBER 31, 2014. 

Sel. Ferguson asked whose obligation it was to ensure that these businesses had the correct liability insurance and workers comp.  Ms. Kelly responded that it is a condition of their licenses.

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ALLOW MS. KELLY TO APPROVE ANY LICENSES NECESSARY FOR THE WINTER FESTIVAL IF THEY ARE APPLIED FOR PRIOR TO SATURDAY, DECMBER 6, 2014.

Chairman Renzoni told the Board that Erich Mierzejewski, Alternate asked to not be reappointed to the Agricultural Commission.  He also stated that Michael Antinarella was not at the meeting tonight (December 1, 2014). 

The motion regarding reappointment of Jim Dunn to the Agricultural Commission was made by Sel. Lavigne; it was seconded by Sel. Kurtz. 

Sel. Lavigne stated that be believed Mr. Dunn does a great job and there is no one better suited to be appointed to the Agricultural Commission.

Sel. Ferguson stated that he was going to abstain and protest the vote.  He stated that he felt the meeting was a rouge meeting with no government official present for the meeting and no minutes being taken.  Sel. Ferguson stated that open meeting laws start through discussion and that he would be abstaining from the vote as he believed the meeting with Mr. Dunn was not done properly. 

Sel. Lavigne responded that he felt Sel. Ferguson’s accusation was baseless.  He stated that they had asked Mr. Dunn a number of questions in particular regarding 61A issues.  There was no vote taken.  Sel. Lavigne reiterated that the accusation that it was a rouge meeting in the corner of the room was baseless and pointless.  He further stated that Ms. Kelly was in the room the entire time. 

Sel. Ferguson responded that asking questions is discussion.  He stated that there was no professional present in that discussion.  He stated that he would not allow Board members to get away with violating the open meeting law and that there was no reason why the Town Manager or the Assistant Town Manager could not have been present for that meeting as they were in the room. 

Chairman Renzoni stated that three Board members walked over to Mr. Dunn and then Sel. Ferguson walked away.  Sel. O’Brien said that he had no comment on this matter.

Sel. Ferguson asked the minute taker to read the minutes back from the meeting. 

Chairman Renzoni responded that Sel. Ferguson chose to walk away.  When that happened there was no quorum and therefore no meeting.  Chairman Renzoni stated that they had made it very clear to Mr. Dunn that the matter of reappointing him would be brought up during the meeting.  He stated that this was another smoke screen. 

Sel. Ferguson stated that he would not allow rouge meetings.  Chairman Renzoni gaveled Sel. Ferguson.  Chairman Renzoni moved the motion, Sel. Ferguson continued to speak while the Chairman was speaking.

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE APPOINTMENT OF JIM DUNN TO THE AGRICULTURAL COMMISSION FOR A THREE YEAR TERM TO EXPIRE 11/2/2017 BY A VOTE OF 4-1 (Sel. Ferguson opposed).

Chairman Renzoni asked Ms. Kelly to reach out to Michael Antinarella.  Ms. Kelly confirmed that she would.

Sel. Ferguson called a point of order and asked Chairman Renzoni to have the minute taker read back the minutes.  Chairman Renzoni told Sel. Ferguson that they were going to move on from the smoke screen.  Sel. Ferguson replied that there was no smoke screen because the meeting minutes do not exist.

Chairman Renzoni asked Sel. Ferguson to control himself.  

Chairman Renzoni reminded the Board that they had signed the ABCC form 43 in a previous meeting which allowed establishments selling liquor to open earlier on Sunday’s. 

Sel. Lavigne left the meeting at 6:47PM.

Sel. Lavigne returned to the meeting at 6:48PM.

Sel. Lavigne stated that this was a debate that had previously been had with the Board.  He said that he believed that if companies wanted to open at 10AM on Sunday’s and people wanted to purchase some item, it was not up to the Board to dictate otherwise.

Sel. O’Brien stated that he would not support this motion and he would like to have the establishments maintain their current hours. 

Sel. Ferguson stated that he agreed with Sel. O’Brien however that now the difference is that two other businesses were allowed to open earlier (10AM).  With the other businesses being allowed to do this it was only fair to approve it for everyone.

Motion by Sel. Kurtz, seconded by Sel. Lavigne, it was VOTED TO APPROVE SIGNING FORM 43 WHICH ACKNOWLEDGED THAT THE BOARD OF SELECTMEN HAD RECEIVED NOTIFICATION FOR HOLDEN DISCOUNT LIQUORS TO CHANGE THEIR HOURS OF OPERATION FOR MALT, WINE, AND LIQUOR SALES FROM SUNDAY 12 NOON UNTIL 11PM TO SUNDAY FROM 10AM UNTIL 11 PM BY A VOTE OF 4-1.  (Lavigne: yes; Kurtz: yes; Renzoni: yes; Ferguson: yes; 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 MCKINLEY LIQUORS TO CHANGE THEIR HOURS OF OPERATION FOR MALT, WINE, AND LIQUOR SALES FROM SUNDAY 12 NOON UNTIL 11PM TO SUNDAY FROM 10AM UNTIL 11 PM BY A VOTE OF 4-1.  (Lavigne: yes; Kurtz: yes; Renzoni: yes; Ferguson: yes; O’Brien: no).

1. Town Manager Update

1. Governor’s 9C Cuts:  On Wednesday, November 19^th, Governor Patrick announced his proposal to close a $329 Million state budge deficit by imposing over $65 Million in mid-year cuts to cities and towns.  He used his statutory budge authority to reduce key municipal and educations reimbursements and aid programs by $40.3 Million, and filed legislation seeking a $25.5 Million reduction in unrestricted local aid.  Some of the cuts that the Governor can unilaterally make without legislative approval are as follows:
   • Regional School Transportation                                                 $18.7 Million
   • Community Innovation Challenge Grants (CIC)                            $7.1 Million
   • Special Education Circuit Breaker                                                $3.8 Million
   • Chapter 70 “Pothole”                                                                   $2.9 Million
   • Vocational School Transportation                                                $2.2 Million
   • Library Aid                                                                                    $ .3 Million

Every town and school district will be hit with one or more of these cuts.  In most cases, the cuts will feel deeper because the reductions are being implemented five months into the fiscal year. 

The Governor’s proposal to cut local aid by $25.5 Million requires the approval of Legislature.  Speaker De Leo issued a strong statement in oppositions to the measure of Thursday, November 20^th which will effectively negate the Governor’s proposal for the remainder of the legislative session with regard to unrestricted local aid. 

Town officials and our legislative delegation will continue to watch this measure closely as we approach the new year when Governor-elect Baker will take office.

Ms. Kelly told the Board that she had spoken with Representative Ferguson and it was bought to Ms. Kelly’s attention that there is a possibility some alternative aid could be applied for.  She reiterated that the Town could be subject to the reduction of the regional school transportation costs.  Ms. Kelly asked the Board if they would be willing to write a letter to oppose the cuts.  Chairman Renzoni stated that he would without objection.  No one on the Board objected. 

Sel. Lavigne encouraged any resident to write a letter as well.  He stated that the budget that came through the school district was lean one and these cuts would have a big impact on that budget.

Sel. O’Brien stated that this would be a huge problem and the towns in our district would be harmed.  He encouraged residents to complain as well. 

Sel. Ferguson commented that this was a strong stand after elections.  He also asked how they are speaking about giving public officials raises while making cuts of this magnitude.

Chairman Renzoni told Ms. Kelly that he would get that letter to her within the week.

1. October 2014 Monthly Report from HMLD:  Ms. Kelly provided the Board with a monthly report summarizing the activities of the Holden Municipal Light Department prepared by James Robinson, Light Department Manager.
2. Year to Date Revenue and Expenditure Report:  Ms. Kelly provided the Board with the Year-To-Date Revenue and Expenditure Report for the period ending September and October 2014, prepared by Lori Rose, Town Accountant.

Ms. Kelly also added that she had received a response from the Attorney General’s office dated November 14, 2014 from the Division of Open Government regarding the complaint from Sel. Ferguson which alleged that the Board had violated open meeting laws on March 17, 2014 and did not provide notice of the meeting.  Ms. Kelly told the Board that after due consideration and discussion the Attorney General determined that the Board of Selectmen did not violate the Open Meeting Law and considered the matter closed.  Copies of this matter have been made public and are available on the website.

Sel. Ferguson stated that there was no reason that this information could not have been in the packet.  He stated that Ms. Kelly was only reading part of the memo and that anyone can appeal to Superior Court. 

Ms. Kelly responded that Sel. Ferguson and his attorney were both copied on the response from the Attorney General.

Sel. Ferguson asked Ms. Kelly to read the rest of the memo.

Chairman Renzoni gaveled Sel. Ferguson and reminded him that all discussion must go through the Chair.

Sel. Ferguson continued to speak.  Chairman Renzoni gaveled Sel. Ferguson.

Chairman Renzoni said that this was good news; that the Board did not violate open meeting laws.  He also stated that the Board should look at more legal expenses going forward.

Sel. Ferguson called a point of order and asked if the Town Manager would read the rest of the memo so they could see where the Town of Holden violated the law.

Chairman Renzoni replied that it was available on the website and was a matter of public record.

Sel. Ferguson asked why the rest was not being read.  Chairman Renzoni began to speak, Sel. Ferguson also began to speak, the Chairman gaveled Sel. Ferguson.

Chairman Renzoni moved the meeting forward and asked if the Eagle Scouts were present.

1. Recognition of Eagle Scouts

The recognition of the Eagle Scouts was moved to the December 15, 2014 meeting where the Board hopes there will be a number of Eagle Scouts present to explain some of what they have done and be recognized by the Board.

1. Citizens’ Address

Chairman Renzoni called Citizens address at 7:03PM. 

No Members from the public stood to be recognized.  Chairman Renzoni closed Citizens’ Address. 

1. Selectmen Subcommittee

Sel. O’Brien stated that the Light and Power Advisory Committee will be meeting tomorrow night, December 2, 2014 to review the budget. 

Sel. Kurtz stated that the Memorial Day Committee has not met and it will be scheduled for next month.

Sel. Lavigne stated that the Winter Festival would be meeting tomorrow December 2, 2014.  He stated that the Festival is set for Saturday, December 6, 2014.  He reminded everyone that anyone with a child in school would be receiving a passport outlining the events.  Sel. Lavigne stated that one of the Citizen volunteers, Sherry Rouff has been invaluable on the committee.

Chairman Renzoni stated that AG Com is working with Ms. Kelly regarding the 61A Policy and that the VA Committee will be meeting in February to work on Memorial Day events and making sure the cemetery is properly flagged.

1. Selectmen Minutes

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE OCTOBER 20, 2014 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED BY A VOTE OF 4-1.  (Sel. Lavigne: yes; Sel. Kurtz: yes; Chairman Renzoni: yes; Sel. O’Brien: yes; Sel. Ferguson: no).

Motion by Sel. Kurtz, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO APPROVE THE NOVEMBER 3, 2014 BOARD OF SELECTMEN MEETING MINUTES AS CORRECTED.

1. Selectmen Two Minute Speeches

Sel. Ferguson stated that he had hoped to speak about the use of the schools for elections.  He stated that school is cancelled for three days, May for municipal elections, September for State Primary elections, and November for elections.  He stated that by having the elections take place in the schools, the district starts the winter three days down for snow days.

Sel. Ferguson stated that he had written the Chairman because he wanted to discuss this matter with the Board but that the Chairman would not allow it.  He stated that he continually tries to bring issues forward but that he felt as though nothing that he has to say is allowed to be heard. 

Sel. Ferguson also stated that the $3.75 Million should be returned to the public and citizens should get their funds back. 

Chairman Renzoni called time and gaveled Sel. Ferguson.  Sel. O’Brien offered Sel. Ferguson his time.  Sel. Ferguson stated that “god forbid I 10 additional seconds”.

Chairman Renzoni replied that in the effort of fairness each member received two minutes.

Chairman Renzoni responded and stated that Sel. Ferguson asked the Chairman to place an agenda item on regarding the elections in schools.  He then went to the Vice Chair and did the same thing.  Chairman Renzoni warned everyone when you open items up to other members of the Board in this manner it is in violation of Open Meeting Law.

Sel. Lavigne congratulated Holden Grange on the National Award they received.  He also reminded everyone that there is a pupil population study task force being formed and that if anyone is interested in volunteering to please reach out to central office.  Sel. Lavigne thanked Holden Road Race and he reminded everyone of the upcoming Winter Festival on December 6, 2014.  Sel. Lavigne finished by stating that he wanted to go back to a conversation a few weeks prior when the Board had discussed being nice and professional.  He stated that he had his daughter in the audience and based on some of the comments earlier in the meeting, he had her mother pick her up because the meeting was lacking professionalism.

Sel. Kurtz thanked DPW for a great job on keeping the roads clear last Wednesday, November 26, 2014.  He reminded the public that if they had a basketball hoop in the road to please move it in so it does not get damaged.  He also reminded residents to clear the fire hydrants in the winter weather.  Sel. Kurtz finished by congratulating Sel. Ferguson for being voted the most popular local elected official. 

Sel. O’Brien stated that he had received a letter from a resident, William Major, regarding access to Davis Hill and road paving.  He asked Ms. Kelly if there was any way to respond to his letter. 

Ms. Kelly stated that they are working on it and will respond.  Chairman Renzoni reminded everyone that Selectmen two minutes were not the time for discussion. 

Sel. O’Brien stated that he felt the idea of taking the elections out of the school may make sense.  He also stated that he thinks the Town Manager should consider lowering the tax rate even further.  He stated that he felt it would make Ms. Kelly look good and it would be good to see the impact on the Town to not raise taxes. 

Chairman Renzoni passed on his two minutes.

1. Executive Session

Sel. Ferguson asked if there would be a manager present for the meeting as he believed that the Town Manger or Assistant Town Manager is required to be present at all regularly scheduled meetings.

Chairman Renzoni responded that this was not a regular meeting. 

Sel. Ferguson stated that there cannot be any rouge meetings.

Chairman Renzoni replied that he wanted to be clear on the wording; this is an executive session, not a regular meeting. 

Sel. Ferguson asked if a member of management will be present.

Chairman Renzoni stated that all negotiations will be approved and released immediately.  He stated that there have been issues in the past with unauthorized meeting minutes leaving sessions so members would need to read and approve meeting minutes at this session. 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO ENTER INTO EXECUTIVE SESSION TO REVIEW AND/OR APPROVE MINUTES FROM EXECUTIVE SESSIONS HELD BY THE BOARD AT MEETINGS ON SEPTEMBER 2, 2014; SEPTEMBER 15, 2014; SEPTEMBER 25, 2014; AND OCTOBER 20, 2014 ALL FOR THE PURPOSES OF CONDUCTING STRATEGY SESSIONS IN PREPARTATION FOR CONTRACT NEGOTIATIONS WITH NON-UNION PERSONNEL AND/ OR TO CONDUCT CONTRACT NEGOTIATIONS WITH NON-UNION PERSONNEL-THE TOWN MANAGER, AS PER MGL c. 30A, SECTION 21(a), NO. 2 BY A VOTE OF 4-1. (Sel. Lavigne: yes; Sel. O’Brien: yes; Sel. Kurtz: yes; Sel. Renzoni: yes; Sel. Ferguson: no).

1. Adjournment

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO ADJOURN THE DECEMBER 1, 2014 BOARD OF SELECTMEN MEETING AT 7:46PM BY A VOTE OF 4-0-1.  (Sel. Lavigne: yes; Sel. Kurtz: yes; Chairman Renzoni: yes; Sel. O’Brien: yes; Sel. Ferguson: not present).

APPROVED: ___January 5, 2015, as amended___________________