Board of Selectmen, June 2, 2014

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

June 2, 2014

6:30pm                                                                                                                         Memorial Hall

Present:                      Chairman Anthony Renzoni, Robert Lavigne, Mark Ferguson (6:31PM),                                                               Jeremy Kurtz, Kenneth O’Brien (6:31PM)

Others Present:          Jacquelyn Kelly, Town Manager, Peter Lukes, Assistant Town Manager,                                       Stephen Madaus, Town Counsel, Elizabeth Fotos, Recording Secretary

Chairman Renzoni opened the meeting at 6:30PM.  Chairman Renzoni asked the Girl Scouts present from Troop 11165 to lead the Pledge of Allegiance.

Chairman Renzoni reminded the public that if anyone needs a listening device to please see CATV staff upstairs.

    1.  Recognition of Girl Scouts

Chairman Renzoni called forward three Girl Scouts from troop 11165 to be recognized for the work they did to mark Veterans’ Graves in Holden cemeteries as part of their Bronze Award:  Lily Hazelwood, Katie McCarthy, and Emma Zimon. 

The Board thanked the Girl Scouts for their time to learn about the flags and the proper way to commemorate the gravesites.  Chairman Renzoni presented each of the girls with a Certificate of Recognition.  The Board stood to recognize the girls, their leaders and parents.

     2.  Licenses

Motion by Sel. Lavigne, seconded by Sel. Kurz, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO THE HOLDEN RECREATION DEPARTMENT FOR THE SNACK SHACK-HOLDEN POOL FROM  JUNE 20, 2014 - AUGUST 22,  2014 DURING THE HOURS OF 10:00AM-6:00PM AS PRESENTED.

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A CLASS ONE-RESALE OF NEW AND USED MOTOR VEHICLES FOR ROY ALAN WRIGHT ON BEHALF OF A.W. CYCLES, LLC FROM MONDAY THROUGH FRIDAY, 9AM-6PM, AS PRESENTED.

3.  Town Managers Miscellaneous

       a.   Employee Recognition: The Employee Recognition picnic is scheduled for Thursday, June 19, 2014 from 12:00 Noon to 2:00pm at Trout Brook.  In the past the town offices have been closed to allow employees to attend.  Prior to voting, Sel. Kurz and Sel. Ferguson wanted to know if the caterer for the event had ties to the Holden Community.  Town Manager Jacquie Kelly was able to confirm this.    

Motion by Sel. O’Brien, seconded by Sel. Ferguson, it was UNANIMOUSLY APPROVED TO CLOSE THE TOWN OFFICES FROM 12:00 NOON TO 2:00PM ON JUNE 19, 2014 IN ORDER TO RECOGNIZE THE TOWN EMPLOYEES.  

b.   Industrial Drive:  Work on the project to provide Charter CATV and high speed Internet to the Industrial Park will begin the week of June 2, 2014 weather permitting.  This project has been in the planning stages for several years and through the efforts of Mr. Robinson, HMLD, Jen Stanovich, Executive Director of the Wachusett Area Chamber of Commerce, and Mary Lohman, Key Accounts Coordinator, the project can begin.  Each business has been briefed about the project and the construction schedules.  This will  make our Industrial Park more desirable by providing a much needed service enhancement.

c.   2014 Power Supply Update:  Ms. Kelly provided a memorandum for the Board from Jim Robinson HMLD General Manager.  Presently, residential customers are receiving a credit of $0.01 / KWH which reflected the lower cost of power that had been in place since 2010.  An analysis of future revenue and expenses is being conducted and will likely result in the elimination of that credit.   Sel. O’Brien expressed his concern regarding the fact that we are heavily reliant upon Natural Gas;  he wanted to explore the possibility of a capital project to fund alternative sources of energy.  Sel. O’Brien inquired about the possibility of inviting Mr. Robinson in to answer some questions about this issue.  Ms. Kelly indicated that she would follow up and see when Mr. Robinson was available to do so.

Chairman Renzoni interrupted Town Manager’s Miscellaneous to proceed with Public Hearing.

      4.  Public Hearing on Non-Commercial Kennel License

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO  THE OPEN THE PUBLIC HEARING on an application from Mr. and Mrs. Mark Helder for a Special Permit to operate a non-commercial dog kennel for four dogs or less at their residence located at 33 Steppingstone Drive, Holden in an R-10 zoning district. 

Chairman Renzoni asked for public comment and no public comments were made.

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING. 

Town Manager, Jacquie Kelly pointed out that letters from the Animal Control Officer and the Fire Department stated there were no objections to issuing this permit.

Motion by Sel. O’Brien, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO APPROVE THE SPECIAL PERMIT  FOR A NON-COMMERCIAL DOG KENNEL FOR FOUR DOGS OR LESS AT THE HELDERS’ RESIDENCE. 

     3.  Town Manager Miscellaneous (continued)

c.    Continued:  Sel. Lavigne asked Town Manager Kelly about the additional buying power that the Board granted Ms. Kelly and Mr. Robinson for different contracts.  Ms. Kelly recommended waiting for Mr. Robinson to conduct this portion of the discussion. 

      Chairman Renzoni asked that when Mr. Robinson appears he is able to speak to the town’s portfolio. 

d.   HMLD Monthly Report: Ms. Kelly provided the Board with the Monthly Reports for the HMLD prepared by the Light Department General Manager, Jim Robinson.

e.   Board of Health Tobacco Regulations:  Ms. Kelly provided the Board with a copy of the regulations that the Board of Health has adopted relative to the control and sale of tobacco products and nicotine delivery products within the Town.  Upon approval by the state, the regulations will become effective on July 31, 2014 when the town’s current licenses are due to renew.  

f.    Holden Pool: The Holden Pool will open weekends in June starting on Saturday, June 7 from Noon – 5PM, weather permitting.  The Pool will open for the season on Friday, June 20, 2014 at 1:00PM.    Chairman Renzoni reminded the public that the Pool passes are available for pickup. 

g.   Year to Date Revenue and Expenditures Report:  Ms. Kelly provided the Board with the Revenue and Expenditure Reports for the period ending April 2014 prepared by Lori Rose, the Town Accountant.

Sel. O’Brien requested information regarding the cost of Town ambulance services as he would like to bring down the cost of this if possible.  Ms. Kelly indicated that she did have some information on this from the budget meetings and would provide it to the Board. 

Sel. Ferguson requested to speak regarding the HMLD Monthly reports.  In a previous meeting with Mr. Robinson there were two outstanding building issues and Sel. Ferguson wished to ensure these were taken care of.  Ms. Kelly believes both building issues have been addressed.  Chairman Renzoni indicated that it could be reviewed during the meeting with Mr. Robinson.  

5.  Citizens’ Address

Mr. Ed Meyer, Fort Sumter Drive, addressed the Board regarding the issues surrounding unaccounted for water and how it impacts the town residents.  Mr. Meyer along with Sel. Ferguson want the Selectmen to hold a televised public hearing so they can argue this issue.

Chairman Renzoni reminded the public to not address any one selectman by name during Citizens’ Address. After completing his above comments and in response to Chairman Renzoni’s reminder, Mr. Meyer returned to the microphone to protest the manner in which the Chair was conducting the meeting. 

Sel. Lavigne called for a point of order.  Chairman Renzoni stated that Mr. Meyer is no longer recognized by the Chairman and thanked him for his time.  Chairman Renzoni further stated that it is highly unusual for the Board to engage in debate during Citizens’ Address. 

When Mr. Meyer continued his complaints at the podium, Chairman Renzoni asked Mr. Meyer to step down.  He indicated that he will allow Mr. Meyer to speak again later when his composure has been regained. 

Sel. Ferguson got up after Mr. Meyer stepped down to escort Ms. Cynthia Merchant (no address given) to the podium regarding an ongoing issue she is experiencing with affordable housing.  He stated she was too shy to make her own statements without his help.  Ms. Merchant does not want the available affordable unit at Fisher Terrace because she has a problem with stairs.  She wants to wait for the next available unit which will have bedrooms on the ground floor.  She was told she would be placed on the bottom of a waiting list.  After Mr. Ferguson’s and Ms. Merchant’s  comments, Chairman Renzoni encouraged Ms. Merchant to reach out to Ms. Kelly in the Town Manager’s office as this public meeting is the first time Ms. Kelly has been made aware of the problem.  

Chairman Renzoni commented that although there should not be back and forth during Citizens’ Address, the Board will ask the Town Manager to follow up on this.  Sel. O’Brien agreed and stated that it is not good practice to have a dialogue during the Citizens’ Address. 

6.  Public Hearing on Application from Holden Discount Liquors, Inc.

Motion by Sel. Ferguson, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING on the application from Holden Discount Liquors, Inc., for a new stockholder and transfer of stock on their Package Store All Alcoholic Beverages License.

Chairman Renzoni opened the floor for public comment.  No public comments were made. 

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING.

Motion by Sel. Lavigne, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO APPROVE THE NEW STOCKHOLDER AND TRANSFER OF STOCK FOR HOLDEN DISCOUNT LIQUORS, INC.    

5.  Continuation of Citizens’ Address

Chairman Renzoni reminded all citizens to please refrain from addressing any members of the Select Board by name.    He recognized Mr. Meyer again. 

Mr. Ed Meyer addressed Chairman Renzoni about his perception of how the Board conducted their procedures.  Mr. Meyer was upset with what he believed was the Board denying him his right to free speech.  Chairman Renzoni thanked him for his input.  

7.  Select Board Schedule and Business Items

The Summer Meeting Schedule proposed dates are July 7 and Aug 4, with a return to the normal schedule Tuesday September 2, (after Labor Day).  Selectman O’Brien suggested meeting on July 14 because July 7 is close to the holiday weekend.

8.  WRSD FY 2015 Budget/ Impact on Holden Schools

Sel. Lavigne led the Board in discussion of the WRSD Budget and the effects on Holden schools in light of both Rutland and Paxton’s failed budgets.  With new information becoming available to the Board in the coming weeks, Sel. Lavigne requested to move this agenda item onto the June 16, 2014 Board meeting Agenda.  Chairman Renzoni concurs. 

      9.  Selectmen Harassment and Protected Classes Policy

Chairman Renzoni indicated that all five Selectmen are in receipt of both policies; he further stated that three members have signed and returned the receipts.  Sel. Ferguson and Sel. O’Brien have not signed receipts.

Sel. O’Brien questioned the motivation behind the change in policy.  Sel. Lavigne provided a point of information that the Sexual Harassment and Protected Class Policy is town policy that all town employees sign.  Up until this point, the Board has not signed these documents. 

Chairman Renzoni stated that by signing the paper you are simply indicating that you are in receipt of a copy of the Policy.  As a member of the Board of Selectmen and employee of the Town of Holden you are required to adhere to both policies regardless of signature. By having the copy discussed during a public meeting it can be asserted that all members are in receipt of a copy of both policies. 

Attorney Madaus offered to review any clause that the Selectman find objectionable.  Chairman Renzoni again stated for the record that all five Board members are in receipt of the Code of Conduct/ Harassment Policies. 

Sel. Ferguson stated for the record that he is not signing these policies.  He does not feel as though there is an issue and vehemently disagreed with some other Board members pertaining to these policies. 

      10.  Code of Conduct:

Sel. O’Brien has some objections to Code of Conduct; because it is broad in its language and far reaching in its implications.  He does not support this Code of Conduct.  Sel. O’Brien goes on to comment on the Holden Police presence and he implored the Board to reconsider the police presence.  Chairman Renzoni requested to bring the discussion back to the Code of Conduct, not the presence of the Holden Police. 

Sel. Ferguson stated he will not sign the Code of Conduct and will never sign it.  Sel. Ferguson tore up the Code of Conduct provided to him, threw it on the table towards the Chair, and said to put that under your Christmas tree.  Then, Mr. Ferguson gestured toward the Town Manager and said that she was smiling and laughing.  The Chair protested but Mr. Ferguson mocked the assertions that his remarks to the Town Manager were sexual harassment. 

Chairman Renzoni gaveled Sel. Ferguson and called him out of order but Sel. Ferguson continued to shout over the gavel.  Chairman Renzoni called for a five (5) minute recess at 7:53PM until Mr. Ferguson could calm down and behave appropriately. Chairman Renzoni reconvened the meeting at approximately 7:58PM.

During the recess Chairman Renzoni conferred with Vice Chair O’Brien and determined that the recess was necessary to maintain civility and that the comments made by Sel. Ferguson to the Town Manager were out of line.

11.  Selectmen Subcommittee Assignments

Chairman Renzoni had distributed a memo stating that he would not be assigning a Select board liaison to the Water-Sewer Advisory Board. Selectman Ferguson said it was martial law.   Chairman Renzoni granted Mr. Ferguson the floor after stating that Sel. Ferguson’s comments regarding martial law were out of line.

Sel. Ferguson stated his desire to serve on the Water/Sewer Advisory Board and said he believed that he is purposefully being held from serving on this committee.  Mr. Renzoni said that the liaison to this committee is not a member and does not vote.  This committee is advisory to the Town Manager.  Sel. O’Brien reminded Sel. Ferguson that the Water/ Sewer Advisory Board holds public meetings and that Sel. Ferguson has a lot to offer in this area of information and he encouraged Sel. Ferguson to attend the posted meetings.   

Both Sel. Kurtz and Sel. Lavigne encouraged the Board to look at the Fin Com schedule so that they are able to have at least one member present at the Fin Com meetings during the next budget season and work together more efficiently. 

12.  Selectmen Subcommittees

Sel. Lavigne: Winter Festival Committee: Did not meet, will be meeting in 2 weeks. 

EDC:  deferred to Sel. Kurtz for this update.

Sel. Kurtz: Memorial Day Parade: thanked this year’s participants and company sponsors. 

EDC: meeting scheduled for Monday June 9, 2014; discussions to include redesign of the EDC website and Buy - local Holden Program.

Sel. Renzoni: Veteran’s Advisory Committee: thanked the Girl Scouts and Mr. Brooks Webster for his work putting the flags in the cemetery.  They will meet over the summer to discuss goals for next budget session.

13.  Approval of Minutes

Motioned by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO APPROVE THE MAY 19, 2014 MEETING MINUTES AS PRESENTED.

14.  Two-Minute Speeches

Sel. Ferguson:  Does not agree with the Selectmen being held to two minute speeches and believes it conflicts with open meeting laws.  Sel. Ferguson also encouraged a postmortem on the Town-Meeting. 

Sel. Lavigne:  Wanted to thank Miles Funeral Home for donating two American Flags, Mr. Webster for teaching the Girls Scouts the importance of the Flags, and the Girl Scouts for their efforts.  He also extended his thanks to the Memorial Day Committee. 

Sel. Kurtz:  Requested an update on the status of the two outstanding known leaks from the water leak report.

Sel. O’Brien: Commented on the meeting rule changes.  He wanted to encourage the committee to focus on teamwork.

Chairman Renzoni:  Spoke to the procedural changes that allowed for the 2 minutes speeches.  This is not a violation of open meeting because it is not a discussion; it is the opportunity for the selectmen to state their opinions. 

15.  Executive Session

Motion by Sel. Lavigne, seconded by Sel. O’Brien it was VOTED 4-1 WITH 1 OPPOSED TO ENTER INTO EXECUTIVE SESSION TO COMPLY WITH OR ACT UNDER THE AUTHORITY OF ANY GENERAL OR SPECIAL LAW, AS PERMITTED BY M.C.L. c. 30A, SECTION 21(a)(7)(“Purpose 7”), IN ORDER TO DISCUSS A RECORD EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS LAW (specifically, M.G.L.c. 4, §7 (26)(a) and M.C.L.c. 4, §7(26)(c), the RIGHT TO PRIVACY LAW (M.G.L. c 214, §1B), AND THE PERSONNEL RECOREDS LAW (M.G.L. c. 149, §52C), AND TO REVIEW AND APPROVE THE MINUTES OF THE BOARD’S MARCH 17, 2014 EXECUTIVE SESSION HELD PERSUANT TO PURPOSE 7 AS PRESENTED, to return to open session only for the purposes of adjourning the Selectmen’s Meeting.  ROLL CALL VOTE: O’Brien: yes; Kurtz: yes; Lavigne: yes; Renzoni: yes; Ferguson: no. 

The Board agreed to meet in executive session in the Selectmen’s Meeting Room in the Starbard Building.

16.  Adjournment

The Selectmen returned to open session.

On a motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO ADJOURN THE JUNE 2, 2014 MEETING AT 9:06PM.

APPROVED: ____June 16, 2014_______