Board of Selectmen, February 3, 2014
MEETING MINUTES
FEBRUARY 3, 2014
6:30PM Memorial Hall
Present: Chairman Robert Lavigne, Kenneth Lipka, Anthony Renzoni,
Mark Ferguson, Jeremy Kurtz
Others Present: Jacquie Kelly, Town Manager
Peter Lukes, Assistant Town Manager
Elizabeth Helder, Recording Secretary
Chairman Lavigne opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance. He reminded those in the audience that assisted listening devices are available.
- Licenses – Appointments – Permits
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO BOB TONNING ON BEHALF OF HOLDEN BASEBALL TO SELL FOOD AT THE LITTLE LEAGUE FIELD FROM APRIL 2014 THROUGH OCTOBER 2014 ON THURSDAYS AND FRIDAYS FROM 5PM-9PM AND SATURDAYS AND SUNDAYS FROM 9AM-9PM.
- Town Manager Miscellaneous
- Ms. Kelly presented a draft schedule for the Finance Committee’s review of the FY15 Operating and Capital Budget. She noted that the Resource Profile meeting would be held on Wednesday, February 19th at 7PM at the Senior Center.
Sel. Ferguson said the Board set a goal for the Town Manager to try to bring the budget under 2 ¼%. Would it be a good idea to send a letter to the Finance Committee to alert them to this goal? Chairman Lavigne recommended meeting with the Finance Committee prior to the start of the budget process to go over the Board’s goals.
- The Town Manager reminded the Board that The Friends of the Council on Aging will hold their annual Valentine’s Day Cookie Sale on Friday, February 14th starting at 9AM at the Senior Center. Come early because the delicious cookies sell out quickly.
- Approval of Previous Minutes
The Board reviewed the January 6, 2014 meeting minutes and amendments made to them by Sel. Renzoni at the January 27, 2014 meeting. Sel. Renzoni said he had reviewed the video of the meeting and felt that his amendments captured the meeting accurately.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-1 WITH 1 OPPOSED TO APPROVE THE MEETING MINUTES WITH THE FOLLOWING AMENDMENTS: HE PROPOSED THAT THE FIRST TWO SENTENCES OF PARAGRAPH TWO ON PAGE THREE BE REPLACED WITH “CHAIRMAN LAVIGNE REMINDED SEL. FERGUSON THAT WHEN THE SELECTBOARD HIRED THE TOWN MANAGER, SEL. FERGUSON DID NOT WANT TO GO EXTERNAL WHEN A QUALIFIED CANDIDATE WAS ALREADY IN THE POSITION. SEL. FERGUSON WENT ON TO EXPLAIN WHY HE WOULD LIKE TO SEE AN EXPANDED SEARCH FOR THE NEXT CHIEF OF POLICE. HE SAID “WHEN YOU HIRE CIVIL SERVICE, IT IS NEXT TO IMPOSSIBLE TO REMOVE SOMEBODY. OK, A TOWN MANAGER YOU CAN REMOVE. WE’VE SHOWN THAT. OK?” SEL. FERGUSON WENT ON TO STATE THAT HE WOULD LIKE TO SEE THE NEXT POLICE CHIEF REQUIRE RESIDENCY. CURRENTLY, HE STATED, NONE OF THE HPD OFFICERS ELIGIBLE FOR THE POSITION RESIDE IN HOLDEN. HE STATED AS A REASON FOR THE RESIDENCY THE POTENTIAL OF SERIOUS EVENT. SEL. FERGUSON CONTINUED WITH “WHEN WE DO HAVE CRIME OR HORRIFIC INCIDENTS SUCH AS THE PAXTON POLICE CHIEF, WHO WAS ASSASSINATED, YOU WANT YOUR PERSON THAT IS IN CHARGE THERE AS QUICK AS POSSIBLE.”
SEL. RENZONI’S SECOND AMENDMENT INCLUDED REMOVING THE SINGLE SENTENCE AFTER THE SECOND PARAGRAPH ON PAGE THREE.
SEL. RENZONI AMENDED THE SECOND PARAGRAPH ON PAGE FOUR TO INSERT AFTER THE FIRST SENTENCE “MR. FERGUSON EXPLAINED, “SIMPLY PUT, THERE IS NO NEED, THERE IS NO THREAT, THERE IS NO VIOLENCE, THERE IS NO NEED FOR A POLICE OFFICER.”
SEL. RENZONI’S THIRD AMENDMENT WAS TO INSERT INTO PARAGRAPH SEVEN ON PAGE FOUR “IF I MAY FOR THE BENEFIT FOR SOME OF YOU NEW TOURISTS THAT MIGHT HAVE MOVED TO TOWN RATHER RECENTLY, UM, THERE WAS A CHIEF OF POLICE FROM PAXTON WHO WAS ASSASSINATED.” THE MINUTES WERE APPROVED AS AMENDED. (OPPOSED: FERGUSON)
- Selectmen Subcommittees
Sel. Lavigne: Winter Festival Committee: Has not met. Will start meeting again in February.
Sel. Renzoni: Water/Sewer: Met on January 30th to review their budget. W/S has applied for a $30,000 grant and discussed potential Upper Blackstone charges.
Veteran’s Committee: Next meeting is February 2014.
Sel. Lipka: Municipal Light Department Advisory Board: Has not met.
Affordable Housing: Has not met.
Sel. Ferguson: Not currently serving on a Committee.
Sel. Kurtz: EDC: Will meet on 2/10 at 5PM. Sel. Ferguson asked about the status of bringing Charter cable to the customers in the Industrial Park. HMLD is waiting for the ground to thaw before it can proceed.
Memorial Day Parade: Parade is in good shape for May 2014.
- Selectmen Miscellaneous
Sel. Lipka: Asked about planned water/sewer projects for the spring. Mr. Woodsmall will update the Board at the next meeting.
Sel. Lavigne: 1. Asked that the Selectmen notify him if they will be unavailable to attend the Board meeting during February Break. He wanted to make sure the Board would have a quorum to meet.
- Selectmen Representatives to the Agricultural Commission
Chairman Lavigne asked if Sel. Ferguson would like to sit on the Agricultural Commission. This is a non-voting position created to improve communications between the Commission and the Town. Sel. Ferguson asked if that includes serving on the Water/Sewer Committee. Sel. Ferguson said that he has purposely been kept off the Water/Sewer Committee.
Sel. Lipka volunteered to sit on the Agricultural Commission.
Sel. Renzoni said that he has concerns about the recent breakdown in communications and suggested that some type of sub-committee be created to look into this issue.
Ms. Kelly said that she has asked Town Counsel to review the accusations made by Agricultural Commission member Mr. Dunn. She said that Town Counsel investigated and noted that the town and the board conducted itself legally and appropriately in the matter and the minutes recorded everything that occurred at the public hearing correctly. She said she was waiting for correspondence from Town Counsel which addressed each charge brought by Mr. Dunn and would forward this information to the Board.
Sel. Renzoni said that this citizen committee sees the situation differently than as being reported by Ms. Kelly. He asked that Sel. Lipka look into the miscommunication and create a report for the board to review. Ms. Kelly said she would like the Board to review Town Counsel’s response to each of Mr. Dunn’s comments before charging Sel. Lipka with this work. Sel. Renzoni said that the town owes it to the committee to look into the situation. He suggested that Sel. Lipka wait for the memo and review it then.
Sel. Ferguson said that the Master Plan cited open space as a primary concern, a point highlighted by Mr. Dunn’s memo. He said he would like to see some type of checklist created to address Mr. Dunn’s issues.
- Citizens’ Address
Mr. Dave White, 84 Wachusett Street, spoke to the Agricultural Commission discussion. He said as a former member of the Board of Selectmen, historically, the BOS/Administration has asked “have we contacted any of the land trusts to see if they have any interest in Ch. 61A land being released?” He said there was enough responsibility on the Board to ask the Town Manager this question. He inquired if any of the land trust organizations asked? He recalled that 7 or 8 years ago, the town sold town-owned land and the intent of this money was to go into the IIF to be used to preserve other open space in town. To his knowledge, this money has never been used, or a request made, to preserve open space land in town. How does this money get accessed in the future for this purpose?
Ms. Judith Haran, Whitney Street, former Chair of White Oak, said she could create a spreadsheet of interested parties involved in preserving open space. Phone calls will not work because no one will have the verbal authority to approve this type of purchase. Notifications must be sent in writing and a timeline should be a minimum of one month.
Ms. Maureen Floryan, 191 Sterling Road, referenced the recent discussions involving the Civil Service process and the work of the Civil Service Committee’s in 2009-2010. She said while not a member of the Committee, she attended all of the Committee’s meetings. She said that no one else besides Committee members attended the meetings where she took notes, collected supplementary materials, and spoke at the public hearing the Committee held. She shared the comments she made at the November 2009 public hearing with the Board. Committee made suggestions as best. She spoke in favor of Ms. Kelly’s leadership in making a successful replacement for the Chief’s position.
- Mountview Middle School Update
Committee Chairman Paul Challenger addressed the Board. He reported work on finalizing the Construction Documents is going very well. OPM Gary Kaczmarek has been working closely with the MSBA, LPA, and the town. The project has made three filings since updating the Board in April 2013. The project is getting ready for the final 100% document filing with the MSBA. No significant changes have been made to the plan/project that was approved at the April 2013 Town Meeting. The project is being monitored by two separate cost estimating companies and the latest estimates were within ½ of 1% of each other. Town Meeting approved a $43M construction budget. As of last week, the project is 1.5M below this approved number. The General Contractor and subcontractor pre-qualification process has been completed. All parties interested in bidding on the project had to go through a process where points were assigned based on certain criteria chosen by the committee in order to be approved to bid on the project. All eight General Contractors that submitted pre-qualification proposals were approved. Bids will be opened in April and work will begin on site immediately. He added that the reimbursement rate remains the same; the Town has a contract with the State to lock this rate down.
Sel. Ferguson said leverage on the payment structure should not be lost during the punch list process at the end of the project. Is there a way the town can ensure that what happened to the punch list at the Public Safety Building does not happen at Mountview? Can payments be withheld from the GC to complete the punch list on time? Mr. Challenger concurred with Sel. Ferguson that sometimes this does happen. Mr. Dave White, Vice Chairman, said payments to the GC and subcontractors is dictated by MGL. The Town can only withhold 5% for punch list items. Invoices must be paid within 10 days of receipt. The GC must pay the subcontractor with 15 days. This is state statute. Ms. Kelly thanked Mr. Challenger and Mr. White for providing the update. She also acknowledged the hard work of other Committee members Margaret Watson, Chris Lucchesi, Erik Githmark, and Anthony Gasbarro. Sel. Ferguson said town is looking for a home for the Recreation Department. Can the Mountview gym footprint be re-used for this purpose? Chairman Lavigne said that this option was investigated and it was determined that the gym would have to be torn down and rebuilt to code to be usable. Mr. Challenger added that the demolition of the building has been factored into the current plan. The current gym is sitting in the parking lot of the new building.
9. Follow up to Citizens’ Address
Chairman Lavigne thanked all who provided institutional knowledge at tonight’s meeting.
- Adjournment
Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO ADJOURN THE FEBRUARY 3, 2014 MEETING AT 7:30PM.
Approved: __March 17, 2014_____