Board of Selectmen, September 2, 2014

HOLDEN BOARD OF SELECTMEN

MEETING MINUTES

September 2, 2014

6:30 pm                                                                                                                       Memorial Hall

Present:   Chairman Anthony Renzoni, Robert Lavigne, Mark Ferguson, Jeremy Kurtz, Kenneth O’Brien

Others Present:  Jacquelyn Kelly, Town Manager

                           Peter Lukes, Assistant Town Manager

                           Stephen Madaus, Town Counsel (6:34PM)

                           Elizabeth Fotos, Recording Secretary

Chairman Renzoni opened the meeting at 6:30PM.  The Board stood to recite the Pledge of Allegiance.

1. Appointments and Permits

Prior to the Board of Selectmen Meeting on September 2, 2014, the Board interviewed members of the ZBA, Frederick Lonardo, Silvio Annunziata, and Robert Butler and the prospective members for the Cultural Council, Mary Copeland and Nancy Rocheleau. 

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE RE-APPOINTMENT OF Mr. Robert Butler TO THE ZONING BOARD OF APPEALS FOR A THREE YEAR TERM EXPIRING MAY 31, 2017 BY A VOTE OF 3-0 (Renzoni: yes; Lavigne: yes; Kurtz: yes; Ferguson: not present; O’Brien: not present).

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE RE-APPOINTMENT OF Mr. Silvio Annunziata TO THE ZONING BOARD OF APPEALS FOR A THREE YEAR TERM EXPIRING MAY 31, 2017 BY A VOTE OF 3-0 (Renzoni: yes; Lavigne: yes; Kurtz: yes; Ferguson: not present; O’Brien: not present).

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE RE-APPOINTMENT OF Mr. Frederick Lonardo TO THE ZONING BOARD OF APPEALS FOR A THREE YEAR TERM EXPIRING MAY 31, 2017 BY A VOTE OF 4-0.  (Renzoni: yes; Lavigne: yes; Kurtz: yes; Ferguson: yes; O’Brien: not present).

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO APPROVE THE APPOINTMENT OF Ms. Mary Copeland TO THE CULTURAL COUNCIL FOR  A TERM ENDING JUNE 30, 2017 BY A VOTE OF 4-0.  (Renzoni: yes; Lavigne: yes; Kurtz: yes; Ferguson: yes; O’Brien: not present).

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was VOTED TO APROVE THE APPOINTMENT OF Ms. Nancy Rocheleau TO THE CULTURAL COUNCIL FOR  A TERM ENDING JUNE 30, 2017 BY A VOTE OF 5-0. (Renzoni: yes; Lavigne: yes; Kurtz: yes; Ferguson: yes; O’Brien: yes).

1. Mountview School Building Committee Update

Mr. Dave White (Vice Chair) and Mr. Paul Challenger (Chairman) were present to give a status update on the project. 

Mr. White spoke about the construction site.  He stated that at this point the construction road is completed; the road work completion entails the utilities going to the new building in addition to the water and sewer lines.  He stated that the gas line was also on the property servicing the project.  Mr. White indicated that initially they attempted to run the gas line up the side of the sidewalk, however, they were unable to get deep enough to do so; subsequently there was some sidewalk damage.  That damage has also been fixed.  The water line was tested and under control and about 75% of the foundation work and footings has been completed. 

Mr. White spoke about the publicity that occurred during the major rain event in July that resulted in runoff draining into the wetlands.  He stated that the issue had been remedied by a company called Eco Tec and they had a letter stating it was completed in a satisfactory manner. 

Mr. White stated that thus far there had been no major surprises on the project and that it was on schedule. 

Chairman Renzoni asked if the project was almost out of the ground.

Mr. White answered that it was.  He added that the rear parking lot is being bought up to grade and that the actual excavation work is effectively done.

Sel. Ferguson thanked both Mr. White and Mr. Challenger for their time on the project.  He also asked if either party had student enrollment numbers for the future.  Sel. Ferguson wanted to confirm that the new building could handle the growing enrollment Holden has been experiencing.

Mr. White stated that prior to the project beginning, MSBA wanted to cap enrollment to 820 students and they were able to push the number to 900 students.   He also stated that current enrollment was 718 students for a structure for about 600 students.  Mr. White indicated that they did the best they could to negotiate with MSBA and that the new developments that were under construction in Holden were in the numbers presented on the Town’s behalf. 

Sel. Ferguson asked about the solar energy project.  He wanted to know how the tax payers were going to get their investment back with regards to this portion of the project.

Mr. White stated that was outside the scope of the project for him to comment on.  

Sel. Lavigne stated that there would be two intrinsic benefits of the solar energy project.  Energy would be bundled over the summer and then sold on the market for the benefit of the rate payer.  There are also credits received from the state.  

Mr. White agreed and said there is someone that managed it and we would receive green energy credits from the Commonwealth. 

Chairman Renzoni suggested leaving those questions for the light department manager. 

Sel. O’Brien thanked both Mr. White and Mr. Challenger for their work on the project. 

Sel. Lavigne also thanked them for their work and for the level of transparency they conducted the project with. 

Mr. Paul Challenger, Chair spoke regarding the groundbreaking.  He stated it was set for September 20, 2014 at 9:00AM and invited the Board of Selectmen to be present at the event to celebrate.  

Chairman Renzoni asked if the project was still under budget.

Mr. Challenger stated that yes it was currently still under budget and that it was almost out of the ground which is where most issues tend to arise. 

Chairman Renzoni also thanked them for their work on improvements to the sidewalks. 

Motion by Lavigne seconded by O’Brien it was, UNANIMOUSLY VOTED TO APPROVE A PERMIT FOR MARTY HOLMAN ON BEHALF OF FELLOWSHIP CHURCH/ HOLDEN ROAD RACE FOR THURSDAY, NOVEMBER 27, 2014 FROM 6:30AM TO 9:30AM

1. Selectmen Subcommittees

Sel. Ferguson stated that he did not have any subcommittees but that be would like to be on the water/sewer subcommittee. 

Chairman Renzoni told Sel. Ferguson that he had a committee assignment to the Agricultural Commission.

Sel. Ferguson stated that he did not have that assignment.

Chairman Renzoni stated that he would reissue the memo to Sel. Ferguson.

Sel. Lavigne: Holden Winter Festival met Friday and they are starting to finalize details.  

Sel. Kurtz: Memorial Day Committee and EDC have not met.  

Sel. O’Brien: OPEB met with Ms. Kelly in July and unfortunately he was not present for the meeting; however, they are due to meet September 8, 2014. 

Municipal Electric Power Advisory Board also met without Sel. O’Brien in attendance and he reached out to them to ensure that he was kept better informed. 

Chairman Renzoni:  The Veterans Committee received a request from Purple Hearts Community Association to explore designating Holden a Purple Hearts Community. 

1. Citizens Address

Mr. Peter Schirduan, 477 Bullard Street spoke to the Board regarding the proposed Holden Youth Soccer (HYS) project.  He felt that there were a number of inaccuracies that HYS was presenting and wanted the Board to consider some sort of oversight for the organization.  He felt the letter that was sent to the community was inaccurate with the number of fields it was proposing and that it was misleading with the actual approval of the project.  He also wanted to point out the difference with the HYS proposal to the facility that they likened it to in Lancaster.  Mr. Schirduan stated that while the facilities were similar the communities and road ways were very different and therefore could not be used to compare the two.  He stated that while he understood the Board was not in control of what was sent to the public they should be in control of the business that is occurring in town. 

Mr. Ed Meyer, Fort Sumter Drive addressed the Board regarding unaccounted for water.  He recommended hiring a part time high school student to be paid 100K per year for a 4 hour work week to check the water leaks.  He stated that while it may seem excessive to do this compared to the water and money being lost it was not excessive at all.   He asked the Town Manager why there were no leaks found all year.

Mr. Meyer also stated that during the last Board of Selectmen meeting, the majority of the Board rejected to go into Executive session and it was still on the agenda for the September 2 meeting. He asked the Board to not rush forward with contract negotiations with the Town Manager until Ms. Kelly fixed the water issues the Town faced.  

Chairman Renzoni closed citizen’s address.

1. Town Manager Miscellaneous

a) Oriol 50^th Fireworks Event:  The fireworks display on the night August 22^nd was spectacular as was the concert and other events.  Ms. Kelly thanked the Oriol Family on behalf of the Town for generously providing this community event in celebration of their 50^th year in business in Holden.  She stated their community spirit and commitment to the business landscape of our town is truly appreciated by one and all and the weather did not put a damper on the event.

Sel. O’Brien stated he spoke to a number of people who watched the fireworks.  He wanted to see if there was a possibility of establishing a committee that could work on making fireworks in town an annual event. 

Sel. Lavigne stated he was present for the fireworks and wanted to thank the Oriols profusely.  

Chairman Renzoni asked if any correspondence was sent to the Family on behalf of the Town. 

Ms. Kelly confirmed that a thank you was sent to the family.

Chairman Renzoni suggested placing a discussion for fireworks on the next meeting’s agenda.

b) Holden Days: The Chamber held another fun and successful Holden Days celebration on August 23^rd.  This event has become a showcase for all the positive things there are here in Holden and provides entertainment, shopping and fun for the whole family.  Ms. Kelly congratulated the Chamber for providing a quality, interesting, and community focusing event

c) Renovation of Former Police Station: The Town Manger and Growth Management Departments have developed a plan to renovate the former Police Station for use as Recreation Department Offices and program space.  The current year’s Capital Budget contains funding from the Recreation Revolving Fund to make the necessary repairs.  Many steps have been taken to complete the project and update it with the aim being to create an energy efficient ‘green’ building.  

Sel. Lavigne thanked Ms. Kelly and Mr. Lukes for thinking outside the box and getting the sheriff involved as well.  He makes good things happen in the town.

JK- he also was involved in Holden Days.

d) Summer Composting and Brush Chipping: The Dept. of Public Works has scheduled one more date, September 20, 2014 for “Summer” residential composting and brush chipping.  Hours of operation are 8:00AM to 2:30PM weather permitting.  Further dates for fall composting and brush chipping will be announced in the coming months. 

e) HMLD Monthly Reports:  Ms. Kelly provided the Board with the monthly reports for the Holden Municipal Light Department prepared by Jim Robinson, Light Department General Manager. 

Sel. O’Brien stated that he reviewed the monthly reports and audit.  He wanted to note that the Light Department received a favorable audit review.  

Ms. Kelly thanked Sel. O’Brien and stated that they were very proud of the results.

f) 275^th Celebration: We have posted a notice on our Web site and Facebook page to ask for volunteers to form a Committee for our 275^th Town Anniversary.  The 275^th will take place in the year 2016.  Ms. Kelly suggested contacting existing Boards and Committees to assign representation as well.  

Sel. Lavigne asked if a letter or notice would be attached to the light bill.

Mr. Madaus stated that yes we can do that.

Chairman Renzoni said without objection the Board can ask Ms. Kelly to include something in with the light bills.  

Sel. Kurtz suggested not limiting it to the 275^th and including all committee vacancies on the notice.  

g) FY 2016 Budget:  Although we are only three months, one- quarter into FY 15, the Town Manager and staff will be developing the groundwork for out FY 2016 Operating and Capital Budget starting next month.

Chairman Renzoni asked if they could get together sooner and include fincom in order to have them involved with high spending items. 

Sel. Ferguson stated that he would like to include something about cutting legal fees.

Chairman Renzoni asked Sel. Ferguson to wait until the goal setting session to suggest specific items.

Sel. Ferguson continued to speak

Chairman Renzoni gaveled Sel. Ferguson.  Chairman Renzoni asked Ms. Kelly to continue with Town Manager Misc. 

h) Annual Chamber-Town Softball Game:  The annual match up between the Wachusett Area Chamber of Commerce and the Holden Townies is scheduled for Monday, September 15, 2014 at 5:30PM at the Davis Hill School field.  

In addition to the Town Manager Misc. provided, Ms. Kelly also wanted to bring attention to a few additional items.

The line painting and cross walk painting was scheduled to begin September 2, 2014.

Work on the new park in front of Town Hall has also started.

Primary Election will be held Tuesday September 9, 2014.

1. Selectmen Minutes

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO APPROVE THE AUGUST 4, 2014 MEETING MINUTES AS PRESENTED. 

1. Follow Up on Citizens Address

Sel. Ferguson agreed with Mr. Meyer.  He stated that he was willing to debate anyone with regards to the unaccounted for water issue.  He stated that it was amazing that the Town could do electric and trash so good and water was getting worse.

Sel. O’Brien stated that in the past he had also stated concern over the issue of water.  He thanked Ms. Kelly for providing him with information on the issue but he would like to have it scheduled as an agenda item so the Board could properly discuss it.  

Chairman Renzoni stated that he had been involved with this issue for five years.  He also stated that the Town Manager is hopeful that the superintendent can come to a Board of Selectmen Meeting and brief the Board and the public on the status of the water. 

Chairman Renzoni also reminded everyone that what is stated during Citizens Address is often opinions and just because a resident stated something during the meeting doesn’t necessarily make it true. Chairman Renzoni further stated that Ms. Kelly was doing a great job. 

Sel. Ferguson cleared his throat.

Chairman Renzoni reminded Sel. Ferguson that the Chair had the floor. 

Chairman Renzoni said he resented comments made and that Mr. Ferguson has his opinion but it is only his opinion not that of the Board.  Chairman Renzoni again thanked Ms. Kelly. 

Sel. Ferguson attempted to speak.

Chairman Renzoni did not recognize Sel. Ferguson.

Sel. Ferguson stated he would like to speak.

Chairman Renzoni did not recognize Sel. Ferguson

Sel. Ferguson accused Chairman Renzoni of being heavy handed.

Chairman Renzoni gaveled Sel. Ferguson.

Sel. Lavigne reminded them that this was not an agenda item and should not be up for discussion. 

Sel. Ferguson said that it was okay to speak about baseball and shrubbery but that it was not okay to speak about water numbers that were submitted to the state.  He again asked to debate the topic.

Chairman Renzoni reminded Sel. Ferguson that he was off topic. 

Sel. Ferguson continued to speak.

Chairman Renzoni gaveled Sel. Ferguson.

Sel. Ferguson continued to speak.

Chairman Renzoni called for a 1 min. recess at 7:29PM.

Chairman Renzoni called the meeting back to order at 7:31PM.

Sel. Lavigne again reminded the Board that this was not an agenda item.  

Sel. O’Brien spoke about the issues surrounding Holden Youth Soccer.  He stated that while he was an advocate of youth sports, the residents’ points were valid with regards to the traffic concerns for their neighborhoods.   He asked if it was possible to notify additional people that were not abutters. 

Ms. Kelly stated that Holden Youth Soccer had not yet filed for permits.  When they get to that point, the neighbors will be notified and will have the opportunity to voice their opinions and further analysis would take place regarding this like traffic studies. 

Sel. Lavigne asked if there is a way to notify additional residents that would be affected when notices go out.

Ms. Kelly stated that abutters within 300 feet would be notified.

Mr. Madaus indicated that there would be legal significance of notifying additional residents on a hearing because they would then have the presumption of being recognized.

Sel. Kurtz indicated that he did reach out to Holden Youth Soccer in order to gain some transparency.  He indicated that he would fill the Board in after he spoke with them.

Chairman Renzoni reiterated that the Zoning and Planning had yet to be approved and that residents should voice their concerns during those meetings. 

1. Selectmen Two- Minute Speeches

Sel. Ferguson stated that he wanted to speak about the heavy handed way in which the meetings were conducted.  He stated that it was interesting that Sel. O’Brien asked for information and received it and that when he (Sel. Ferguson) asked for information he did not receive it and has to pay for it with his own money.  He stated he had asked for fiscal information and did not receive that either.  He also wanted to speak about a discrepancy that he felt occurred with regards to the authorization of the police for BOS meetings.   

Chairman Renzoni gaveled Sel. Ferguson for time.

Sel. Kurtz offered Sel. Ferguson his two minutes to finish.   

Sel. Ferguson declined Sel. Kurtz’s minutes by stating he did not want to beg for time.

Chairman Renzoni gaveled Sel. Ferguson.

Sel. Lavigne thanked the Oriol Family for the fireworks and stated Davis Hill is hosting a car wash and they will be sponsoring a 5K.  He also recognized the Wachusett Pop Warner Organization that went to Foxboro.  

Sel. Kurtz thanked Holden volunteers.  He also encouraged the public to check out the new town website and stated he had heard a lot of positive feedback regarding it. 

Sel. Lavigne also thanked Denise Morano and her staff for the great season at the pool and with Holden Recreation.

Sel. O’Brien stated he read the note from Ms. Kelly about the new sand/ gravel pit and that the note stated that there were about 6 or 7 loads being moved per day.  He also spoke about the school buses and asked if there was any way to have the buses drive through the new subdivisions to help alleviate traffic.  Sel. O’Brien also spoke about the natural gas limitations.  He wanted to bring notice to diversify the energy portfolio.  Lastly, Sel. O’Brien also thanked Sel. Ferguson for his work on the petitions to get the gas company to cross Putnam Road.  He stated without Sel. Ferguson that would not have happened.

Chairman Renzoni thanked Mr. Lukes for his work on the town website.  He also wanted to inform all parties that the only person eligible to dispatch police to meetings was the Chief of Police. 

Sel. Ferguson interrupted Chairman Renzoni

Chairman Renzoni gaveled Sel. Ferguson.

1. Executive Session

Chairman Renzoni told the Board that there is a conversation that needed to occur that could only be held in executive session.  He further stated that in order to debate about the issue a motion should be made.

Motion by Sel. Lavigne, seconded by Sel. Kurtz.

Sel. Lavigne encouraged the Board to at least open the conversation.

Sel. Ferguson stated that in a previous meeting the Board voted down by a vote of 3-2 to enter into executive session.  He stated that based on Roberts Rules you have to be on the prevailing side in order to bring up a motion again.  

Chairman Renzoni reminded Sel. Ferguson to speak to the motion. 

Sel. Ferguson continued to speak.

Chairman Renzoni again gaveled Sel. Ferguson and stated he is off topic.

Sel. Ferguson stated that this was an untimely entry into executive session.

Chairman Renzoni gaveled again.

Sel. Ferguson accused Chairman Renzoni of being heavy handed.

Chairman Renzoni gaveled Sel. Ferguson.

Sel. Ferguson continued to speak.

Chairman Renzoni reminded the Board members to be respectful of one another.  He continued to gavel Sel. Ferguson and told him he was done speaking.

Sel. Ferguson continued to speak. 

Sel. O’Brien offered to amend his motion.

Mr. Madaus stated that the Board would need to adopt Roberts Rules in order for it to comply and this BOS has not adopted it.

Chairman Renzoni stated the Board does not adhere to Roberts Rules.

Sel. Lavigne rescinded his motion.

Sel. Ferguson stated he requested to speak about something.

Chairman Renzoni gaveled Sel. Ferguson.

Sel. Ferguson stated he contacted Ms. Kelly in order to put something on the agenda.

Ms. Kelly stated that Sel. Ferguson did not contact her.

Chairman Renzoni gaveled Sel. Ferguson.

Motion by Sel. O’Brien, seconded by Sel. Kurtz, it was VOTED TO APPROVE ENTERING INTO EXECUTIVE SESSION PER MGL c. 30A§21 (a), no. 2: TO CONDUCT STRATEGY SESSIONS IN PREPARATION FOR NEGOTIATIONS WITH NON-UNION PERSONNEL/THE TOWN MANAGER AND TO CONDUCT CONTRACT NEGOTIATIONS WITH NON-UNION PERSONNEL/ THE TOWN MANAGER AND TO REVIEW AND APPROVE EXECUTIVE SESSION MEETING MINUTES OF THE BOARD’S JUNE 16, 2014 AND AUGUST 12, 2013 EXECUTIVE SESSION AND TO RETURN TO REGULAR MEETING WITH THE SOLE PURPOSE OF ADJOURNMENT. (Roll Call: Lavigne: yes; Kurtz: yes; Renzoni: yes; O’Brien: yes; Ferguson: no).

Motion by Sel. Lavigne, seconded by Sel. Kurtz, it was VOTED TO ADJOURN THE SEPTEMBER 2, 2014 BOARD OF SELECTMENT MEETING AT 8:30PM BY A VOTE OF 4-0.  (Roll Call: Lavigne: yes; Kurtz: yes; Renzoni: yes; O’Brien: yes; Ferguson: not present). 

Approved:  ______September 15, 2014 as amended_