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12/03/2012
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
DECEMBER 3, 2012

6:30PM                                                                          Memorial Hall

Present:        Chairman Anthony Renzoni, James Jumonville, Mark Ferguson,
Robert Lavigne, Kenneth Lipka

Others Present: Jacquie Kelly, Acting Town Manager
                        Stephen Madaus, Town Counsel
                        Elizabeth Helder, Recording Secretary

Others Absent:  Nancy Galkowski, Town Manager

Chairman Renzoni opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance.    

1. Selectmen Licenses, Permits and Appointments

Mr. Larry Kowalczyk, a candidate for reappointment to the Holden Historic District Commission missed his 6:15PM interview with the Board.  Chairman Renzoni asked the Acting Town Manager to reschedule Mr. Kowalczyk‘s interview for the next Selectmen’s meeting on December 17th.
The Board reviewed a list of Annual License renewals for 2013.  Establishments in compliance were presented on white paper.  Establishments not in compliance were presented on yellow paper.

Motion by Sel. Ferguson, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO APPROVE THE ESTABLISHMENTS ON THE WHITE  PAPER FOR THEIR ANNUAL 2013 LICENSE RENEWAL AS RECOMMENDED BY THE ADMINISTRATION.

Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE THE ESTABLISHMENTS ON THE YELLOW  PAPER FOR THEIR ANNUAL 2013 LICENSE RENEWAL PENDING COMPLIANCE AS RECOMMENDED BY THE ADMINISTRATION.

2. CIC Challenge Grant (Round Two)

Ms. Kelly reminded the Board that on January 17, 2012, the Selectmen authorized the Town to participate in the Community Innovation Challenge (CIC) Grant program for regionalizing municipal storm water management efforts in Central Massachusetts.  A grant in the amount of $310,000 was received with the Town of Spencer acting as the lead agency for the grant application.  The Coalition is now applying for a second round of CIC grants that will be used to encourage regionalization efforts between local cities and towns.  Ms. Kelly said she recommended that the Board vote to approve that the Town continue to participate in the program and in the application for a further grant.

Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED THAT THE TOWN OF HOLDEN CONTINUE IN THE COMMUNITY INNOVATION CHALLENGE PROGRAM AND TO AUTHORIZE THE CHAIR TO SIGN AND APPROVE THE APPLICATION FOR ROUND TWO OF THE GRANT PROCESS AS RECOMMENDED BY THE ADMINISTRATION.

3. CIC Grant Application – Housing Production Plan

Ms. Kelly informed the Selectmen that the Central MA Regional Planning Commission (CMRPC) has coordinated an effort to help local towns develop a housing production plan.  CMRPC is preparing a grant application through the CIC Grant program to seek resources to develop housing production plans with planning staff.  Individual housing production plans can cost approximately $15,000.  CMRPC can work on multiple plans simultaneously and achieve significant cost savings of about 20%.  The grant, if successful, would pay the cost typically borne by each town.  The cost to the Town would be staff time to assist in the coordination of a housing committee and assistance in providing information needed to develop the report.  Benefits of having a housing production plan include: providing guidance to the Town with regard to the development of housing, particularly affordable housing, fulfilling the requirements of 760 CMR 56.02(4): Housing Production Plans, eligibility for “Certified Community” status if the required number of AH units are produced, and having a document that can be updated every five years.  Ms. Kelly said the grant required the signature of Chairman Renzoni or the Town Manager provided that the Board has authorized the Manager’s signature.

Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED THAT THE HOLDEN BOARD OF SELECTMEN ENDOURSE THE COMMUNITY INNOVATION CHALLENGE PROGRAM TO DEVELOP A HOUSING PLAN AND TO AUTHORIZE THE CHAIR AND TOWN MANAGERTO SIGN AND APPROVE THE APPLICATION FOR ROUND TWO OF THE GRANT PROCESS AS RECOMMENDED BY THE ADMINISTRATION.

4. Selectmen Code of Conduct

The Board reviewed the current Holden Select Board Code of Conduct dated August 15, 2005.  Sel. Lavigne said that he would like to further develop the current Code of Conduct to “have some teeth to it.”  He said it needs to be more comprehensive.  The Board directed Sel. Lavigne to work on the document and report back to the Board at a later date.

5. Town Manager Miscellaneous

  • The Board reviewed two letters sent to the Department of Conservation and Recreation that point out non-responsive assertions in their opinions about sewer transport issues.  Ms. Kelly added that she would be in contact with the DCR offices to arrange a meeting.  Sel. Ferguson inquired if the Board, acting as Water/Sewer Superintendents, could sit in on the meeting.  Ms. Kelly said she would like to do what is most productive.  She said she had also had a request from a local legislator to sit in on the meeting.  She said that when elected officials begin to attend the meetings, it might raise the meeting to a whole difficult level.  She said that she would like just staff to attend in order for them to be able to speak freely.  She said that at a later date, a meeting could be arranged for elected officials to attend/participate.  Sel. Ferguson said that “there was only one quarterback” and he deferred the situation to Ms. Kelly’s leadership and strategy.  He said he was going to have a problem making the next quarterly payment if a decision has not been reached.  He did ask if Ms. Kelly would accept his thoughts on the matter for consideration during the meeting.  Ms. Kelly acknowledged Sel. Ferguson’s concerns but requested that the matter not be discussed so that her strategy is not compromised during this difficult negotiation process.  Town Counsel said that the Board could enter into Executive Session to discuss strategy as it pertains to potential litigation and that this conversation might fall under this category.  Chairman Renzoni said that right now, the Town was not in a litigation position and should not enter into Executive Session.  He said he had full faith that the Acting Town Manager would operate in the best interest of the Town.  He said the Board could endorse Ms. Kelly’s efforts on the issue.  Sel. Jumonville encouraged all Board members to email Ms. Kelly with their questions/concerns.
  • The Board reviewed an article from the November 28, 2012 Boston Globe regarding concerns about new guidelines from MA Department of Environmental Protection for water withdrawal permit renewals.  These new, more stringent guidelines will affect how much water the Town can draw from its wells in town.  The Town of Holden, on a per person basis, uses less water than the State average.
  • Acting Town Manager Kelly reported that according to Sharon Lowder, Treasurer/Collector the Town has been notified by Unibank, the online payment facilitator, that they will be charging $0.025 for each payment made using a transfer of funds from a checking account starting January 1, 2013.  Example:  three bills paid will incur a $0.75 fee.  Until now this service had been free of charge.  The fee change will be advertised in The Landmark and other electronic media outlets.  Residents may contact the Treasurer/Collector’s office at 508-210-5510 with questions.
  • Ms. Kelly informed the Board that according to Chief Sherrill, the HPD has formed a training partnership with Roger Williams University, Bristol, RI.  RWU will conduct advanced police training sessions at the Holden Public Safety Building Facility for area departments.  The first class is scheduled for January 17, 2013.  The Board reviewed a notice from Robert W. McKenna, Assistant Dean and Director at the RWU Justice System Training & Research Institute regarding the “Basic Leadership” seminar at the Holden Public Safety Facility.  Ms. Kelly noted that because of its state of the art facility, Holden has been to form this partnership to provide more opportunities for training.
  • Ms. Kelly reported that on November 20th, the Police Department conducted an alcohol check on all the liquor establishments in Town.  An underage person was sent to each establishment to see if they would be served or allowed to purchase alcohol.  All businesses were in 100% compliance during this round of checks.
  • Ms. Kelly announced that according to Fire Chief Jack Chandler, the Fire Department has recently received two grants for Emergency Management that total $9,450.  The CERT Team is the recipient of a $4,450 grant which will be used for CERT response gear, backpacks, and shelter supplies.  
  • The Board reviewed the 2013 Recycling and Solid waste calendar.  Copies of the schedule will be mailed to residents in their utility bills.  Sel. Lavigne requested that the Administration confirm that recycling pick up will occur the week of Christmas 2012.
  • Ms. Kelly presented a Sewer Extension Agreement between the Town and Mr. Edward Jardus, a land-owner and developer who wants to install a sewer connection/line outside of the Town Right-of-Way.  Mr. Jardus owns seven ANR lots on Winterhill Road.  The Agreement provides certain assurances and improvements to the public way deemed to be in the interest of the Town.  Sel. Ferguson disclosed for the record that he has a business relationship with Mr. Jardus.
6. Citizens’ Address

Mr. Hal Lane, Main Street, addressed the Board regarding the actions of a member of Board of Selectmen toward an elected official who was appearing before the Board at their request at their November 19, 2012 meeting.  He said that Board members should comply with their rule against making personal attacks during meetings and need to be serious during meetings.

Mr. Ed Meyer, Fort Sumter Drive, referenced a Regional Selectmen’s Meeting held in October to discuss the School District’s budget.  He mentioned that the School Superintendent, although invited, did not show up at the meeting.  Mr. Meyer expressed concern about the Town’s continued difficulty to acquire a copy of the District budget.  He said he applauded Sel. Mark Ferguson’s behavior toward Duncan Leith at the November 19, 2012 Selectmen meeting.  He called for the resignation of School Committee members Margaret Watson, Mr. Leith, and Duncan Leith.

Chairman Renzoni asked Mr. Meyer to refer to Duncan Leith by his title as School Committee Chairman and not directly by name.


r. Mark Ferguson, Putnam and Bailey Road, discussed the school budget and called for transparency from the school district.  He said that the town deserves to receive a copy of the school budget.  He submitted 12 pages of District School Budget that he found on the Internet and asked that these pages be attached to the minutes.

5. Town Manager Miscellaneous (reopened)

  • The Board reviewed Y-T-D Revenue and Expenditure Reports for the period ending October 2012 prepared by Lori Rose, Town Accountant.
  • The Board reviewed the October 2012 Enterprise Fund financial reports.  Ms. Kelly added that an operational monthly report for the Division, as requested by the Board, was being developed.
  • Ms. Kelly presented a Quarterly Report prepared by Regional Health Alliance, Derek S. Brindisi, Director.  The Town of Holden and other area communities entered into an agreement with the City of Worcester’s Division of Public Health to provide public health services as part of the Central MA Regional Public Alliance.  The Alliance provides services to Holden including communicable and reportable disease surveillance, investigation, epidemiology, media relations, public health messaging, 24-7 public health response, community health assessment and community health improvement plans, seasonal flu vaccination clinics, tobacco control, substance abuse prevention programs, health inspections and compliance management.  The report detailed services provided to the Town between July 1, 2012 and September 30, 2012.
  • Ms. Kelly reported that the Town of Holden Police Department was again awarded an AAA Traffic Safety Award on November 20, 2012.  The Town received the award in recognition of 31 years without a pedestrian fatality and also received the GOLD Award (one of only a dozen in New England) for safety and education programs.  The Board congratulated Chief Sherrill and his staff for their achievement.
  • Ms. Kelly informed the Board that the underground fuel tank at the old Police Station will be removed on Thursday, December 6th.
7. Selectmen Subcommittees

Sel. Lipka: Affordable Housing: Has not met.
Municipal Electric Advisory: Meeting on December 4th to approve the budget.

Sel. Ferguson: Town Manager Contract Negotiations: Reported that they were “getting as close as close can get” to signing a contract.

Sel. Jumonville: Memorial Day Parade:  Next meeting: January 2013.

Sel. Lavigne: EDC: Nothing to report.

Sel. Renzoni: Water/Sewer Advisory Board: Nothing to report.


. Selectmen Miscellaneous

Sel. Ferguson: 1. Requested an accounting of all money in the water/sewer enterprise funding including free cash and any anticipated additional receipts.  He said he felt that the fixed water/sewer monthly fees need to have a fairer rate structure.  Sel. Lavigne said this item has been placed as a high priority on the Selectmen’s Goals for Ms. Kelly, Mr. Woodsmall, and the Administration to work on.  He said he would like to build the rate structure around data and facts rather than how much money is in the account.  Sel. Ferguson said he was looking for now rather than later.  Ms. Kelly said that she could generate an accounting of the water/sewer division but did note that “Free Cash is not free and it is not cash.”  She said she was looking for expectations, clear direction, and guidance from the Board on how the rate structure should be revised.  The Board requested that discussion on the rate structure be placed on the December 17th agenda.  Ms. Kelly said the Board should also plan in the New Year to discuss unaccounted for water and I&I, which are complicated issues.  The process of revising the rate structure should be approached step-by-step.  Ms. Kelly said that if the rate structure is changed, money still needs to be collected to cover sufficient revenue to cover costs.  The current rate structure works as it was designed to do.  Sel. Ferguson recalled that the Board was under pressure to change the rates when they did to satisfy the DOR.   He said he didn’t deny there should be an entry fee; just a fair one.  The current rate structure does not promote conservation, which residents should be rewarded for.  Sel. Lipka said that costs will not go down, regulations are going to add costs to the system, and paying employees and paying for health insurance will not decrease.  He felt that changing the rate structure was “going backwards.”  The Board agreed to discuss the issue further at the December 17th meeting.

2. Interest rates are at an all-time low.  Should the town refinance its debt?  Ms. Kelly will provide the Board with a list of all bond/borrowing.

Sel. Lavigne: 1. Thanked the Girl Scouts and Recreation Department Director Denise Morano for welcoming Santa to town.

Sel. Jumonville: 1. Asked for a year-to-date list of all grant money that was received.

9. Acceptance of Minutes

Motion by Sel. Lipka, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF NOVEMBER 19, 2012 WITH A CHANGE TO THE ADJOURNMENT MOTION MAKER AS PRESENTED.  (ABSTAINED: LAVIGNE.)

10. Follow Up to Citizens’ Address

Sel. Lavigne commented that the Regional Meeting in October 2012 was not only to address previous school budget problems but also to begin planning for the 2013/2014 school budget.

Chairman Renzoni concurred with Sel. Ferguson that the only school budget available online is the 12-page document which Sel. Ferguson attached to the minutes.  This 12-page document is very vague.

Chairman Renzoni made a request through the Manager to request an electronic copy of the school budget from the District.

Sel. Lavigne asked if Chairman Kelly of the Regional Agreement subcommittee could be contacted to address when she will appear before the Board to discuss making changes to the Regional Agreement.  Sel. Jumonville concurred adding that the Town sent a letter to the District to request this meeting more than a month ago.

Chairman Renzoni said that he would like revisit this issue at the December 17th meeting and asked that it be placed on the agenda.

11. Executive Session

Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION AT 7:48PM TO CONDUCT STRATEGY SESSIONS IN PREPARATION FOR NEGOTIATIONS WITH NON-UNION PERSONNEL AND TO CONDUCT CONTRACT NEGOTIATIONS WITH NON-UNION PERSONNEL/TOWN MANAGER AND MAY RECONVENE IN OPEN SESSION FOR THE PURPOSE OF CONSIDERING AN ADJUSTMENT IN THE RATE OF COMPENSATION FOR THE ASSISTANT TOWN MANAGER OR RETURN TO REGULAR SESSION FOR ADJOURNMENT PURPOSES ONLY.  ROLL CALL VOTE: LAVIGNE: YES; FERGUSON: YES; RENZONI: YES; JUMONVILLE: YES; LIPKA: YES.

12. One Time Adjustment to Acting Town Manager’s Contract

Chairman Renzoni announced that the Selectmen had agreed to make a one-time adjustment to Ms. Kelly’s salary to compensate her for her duties as Acting Town Manager.

Motion by Sel. Jumonville, seconded by Sel. Ferguson, it was VOTED 4-0-1 WITH 1 ABSTAINED TO SIGN A PERSONNEL ACTION FORM TO APPROVE A ONE-TIME ADJUSTMENT TO THE ACTING TOWN MANAGER’S SALARY FROM $3,732.42 TO $4,664.14 AND BUY BACK 10-DAYS VACATION FOR $3,732.42 EFFECTIVE 10/1/12 THROUGH 1/31/13.  ROLL CALL: LAVIGNE: YES; JUMONVILLE: YES; FERGUSON: YES; RENZONI: YES; LIPKA: ABSTAINED.    

13. Adjournment

Motion by Sel. Jumonville, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ADJOURN THE DECEMBER 3, 2012 MEETING AT 8:21PM.


APPROVED: December 17, 2012