HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
NOVEMBER 5, 2012
6:30PM Memorial Hall
Present: Chairman Anthony Renzoni, Robert Lavigne, James Jumonville,
Mark Ferguson, 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.
Selectmen Licenses, Permits and Appointments
There were no licenses or permits submitted for approval.
Appointment of Holden Representative to the Montachusett Regional Vocational Technical High School District Committee – George Balko, Moderator
The Board reviewed its reappointment of Mr. Jim Cournoyer, the Monty Tech School Committee Rep at their October 15, 2012 meeting. Since the appointment is a joint appointment between the Board and the Moderator, the vote requires the confirmation/endorsement of Moderator George Balko. Mr. Balko said that he approved of the appointment.
Motion by Sel. Ferguson, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO RECONFIRM THE REAPPOINTMENT OF MR. JIM COURNOYER TO A FOUR YEAR TERM TO THE MONTACHUSETT REGIONAL VOCATIONAL TECHNICAL HIGH SCHOOL DISTRICT COMMITTEE AS APPROVED BY THE TOWN MODERATOR.
Regulatory and Use Agreement – Local Initiative Program – Reserve on Salisbury (formerly Winterberry Hollow)
Ms. Kelly presented the Proposed Regulatory and Use Agreement to the Board. The Agreement, which will be entered between the developer, the Town, and the Department of Housing and Community Development (DHCD) is required as part of the final approval of the project by DHCD. The purpose of the Agreement is to memorialize the rights and responsibilities of the three parties with respect to the project. The majority of the Agreement deals with the developers’ obligations to complete the project as planned, maintain restrictions on rents for designated affordable units, and adhere to limitations on profits, per DHCD guidelines.
Sel. Ferguson said he had reviewed/researched the project and said he felt there was information missing from the Agreement. Additionally, he felt that promises made by the developer to the neighbors were not being met. He said there was no rush to approve the Agreement and said he had many concerns regarding the project that required answers. He said he was being asked to sign a “blank check and that he would have none of it.”
Mr. Madaus said the foundation to build the project had already been approved at the local level by the ZBA and Planning Board. This document is a standard Ch. 40B agreement. Any problems or development issues at this point are enforcement issues for the Town.
Sel. Lipka concurred that the Town has already approved the project; this regulatory agreement is to enforce the low income housing portion of the project.
Ms. Kelly reminded the Board that this project is a “friendly 40B” project that went through years of permitting approval. It is a partnership between the developer, the town and the DHCD. It is a development that the Town wants.
Sel. Ferguson said that he had compared other 40B developments to this development and felt that there were discrepancies that required investigation. Mr. Madaus said that Sel. Ferguson should not compare 40B projects from other towns to this 40B project. He added that the DHCD regulates the ownership agreement not the Town and the document cannot be modified by the Town.
Chairman Renzoni suggested that the discussion should be tabled until the Board’s next meeting on November 19th.
Sel. Ferguson asked that the public be allowed to comment when the Board reviews the agreement at the November 19th meeting. Ms. Kelly said that this was not an appropriate time for neighbors to address concerns about the project.
Chairman Renzoni said that residents always have the ability to discuss concerns with the Board during Citizens’ Address. Board members are encouraged to submit questions to the Town Manager’s office by November 13th to be addressed at the November 19th meeting.
Selectmen Subcommittees
Sel. Lipka: Affordable Housing: Have not met.
Municipal Electric Advisory: Have not met.
Sel. Ferguson: Town Manager Contract Negotiations: Reported that they were getting close to signing a contract.
Sel. Lavigne: EDC: Members attended the NE Business Expo on November 1st. Sel. Ferguson asked if the EDC could work on instituting one-stop-permitting in Town.
Sel. Jumonville: Memorial Day Parade: Will meet on November 14th.
Sel. Renzoni: Water/Sewer Advisory: Have completed conducting I&I leak testing and over 20 leaks were detected. The Advisory Board will make a presentation to the Selectmen in the near future.
Regional Agreement: Will begin planning public hearing meetings soon.
Selectmen Miscellaneous
Sel. Lavigne: 1. Encouraged everyone to vote.
2. Thanked HMLD and Town staff for their hard work during the hurricane. All feedback from residents was very positive.
Chairman Renzoni interrupted Selectmen Miscellaneous to proceed with Citizens’ Address.
Citizens’ Address
Mr. Ed Meyer, Fort Sumter Drive, spoke to the fact that the WRSD District Administration’s salaries being the highest in the State. He called for more transparency at the District level and for the resignation of WRSD Chair Duncan Leith.
5. Selectmen Miscellaneous (reopened)
Sel. Jumonville: Commented on the tight timeline on the Regional Agreement. Meetings need to be scheduled sooner than later.
Chairman Renzoni interrupted Selectmen Miscellaneous to proceed with the Tax Classification Hearing.
Tax Classification Public Hearing
Principal Assessor Beverly Kenniston presented a Tax Classification hearing for FY2013. Ms. Kenniston introduced Jim Dillon, a member of the Board of Assessors.
She explained that the Town’s high residential factor of 93.8% prevents the Town from shifting the tax burden to its commercial base. She reported that the real estate sales decline of previous years has stopped. However, real estate sales for FY12 were flat. She recommended a FY13 single tax rate of $17.37. This is an increase of $0.84 from the FY12 tax rate of $16.53. For the average taxpayer, this will be a $121.22 increase over FY12.
Motion by Sel. Ferguson, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO OPEN THE FY13 TAX CLASSIFICATION PUBLIC HEARING AT 7:26PM.
The Chairman asked if anyone from the public wished to speak at the public hearing.
Mr. Gordon McFee said he represented the Chamber of Commerce. Mr. McFee urged the Board to continue to approve a single tax classification rate for the Town of Holden. He said the Town should take pride in the status of its local businesses. Many towns are struggling.
Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO CLOSE THE FY13 TAX CLASSIFICATION PUBLIC HEARING AT 7:27PM.
Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ADOPT A RESIDENTIAL FACTOR OF ONE THAT RESULTS IN TAXING EACH CLASS OF PROPERTY AT THE SAME RATE AS RECOMMENDED BY THE ADMINISTRATION
The Board signed the documents into record.
Selectmen Miscellaneous (reopened)
Sel. Ferguson: 1. Talked about the WRSD Revenue Task Force and how he no longer wants to support Holden’s participation in the task force calling it “a colossal waste of time.” The towns of Paxton and Rutland are going to dictate what the School District budget is. He said he was tired of wasteful spending at the District level.
Sel. Lavigne commented that he does not like the name of the task force and that revenue sharing is clearly not the answer. However, the District is working on new and innovative ways to fund the schools. It is not all based on new growth. Sel. Jumonville said if there were new funding mechanisms they would have been found years ago. He spoke to turning K-8 education back over to the towns. There are credibility problems at the District level.
Chairman Renzoni encouraged the town to continue to support the task force
Sel. Ferguson said that continuing to participate in the task force is sending a false signal to the District. Continuing to participate aids and abets the need for the District to learn that they need to balance their budget just like the towns do.
Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was VOTED 2-3 WITH 3 OPPOSED TO WITHDRAW THE TOWN OF HOLDEN’S REPRESENTATIVE TO THE DISTRICT REVENUE TASK FORCE. (OPPOSED: RENZONI, LAVIGNE, LIPKA.)
The motion failed.
2. Sel. Ferguson discussed a letter, crafted by Jacquie Kelly, Acting Town Manager, to John Scannell, Regional Director, Division of Water Supply Protection – Wachusett/Sudbury, DCR. He commended Ms. Kelly for drafting a thorough, well-researched argument against the FY13 Worcester Sewer Transport rate. Sel. Ferguson asked where the Board should go from here. He suggested withholding the next sewer transportation payment or certainly only make a payment on what is fair. He said he felt the Board needs to take a stand now knowing that the Town has been overcharged.
Sel. Ferguson made a motion which was seconded by Sel. Jumonville to discuss that the Board of Selectmen acting as Water/Sewer Commissioners should either withhold payment or pay what they think is fair to the sewer transportation rate to the city of Worcester.
Attorney Madaus said that the Town Charter stipulates that the payment decision ultimately belongs to the Town Manager.
Ms. Kelly said she understood that Mr. Scannell’s office was in the process of responding to the letter. She suggested the Board wait for the response and then meet to discuss how to reply. Chairman Renzoni said that it is not the Board’s discretion to make or withhold payments. That is up to the strong leadership of the Town Manager.
Sel. Lipka asked if it was actually possible to legally recoup past over payments. Attorney Madaus said he did not want to discuss legal strategy in open session.
Ms. Kelly said she felt the vote was presumptive and that the Board should wait for a response from the DCR. She would then like the time to analyze the response and report to the Board.
Sel. Ferguson said he withdrew his motion.
3. The town fared well during the hurricane and subsequent power outage. However, has the time come for the town to have a second set of feeder lines? Ms. Kelly said that Light Department Manager Jim Robinson would come forward to present the Light Department Budget in early December. She will prepare Mr. Robinson to discuss this question at that meeting.
Sel. Renzoni: 1. Recently held a forum to help find the Wachusett Food Pantry a new home. Acting Town Manager Jacquie Kelly and State Representative Kim Ferguson attended. A second meeting will be scheduled for December. Join Wachusett Food Pantry Needs A Home on Facebook. Someone out there has the answer.
2. The Selectmen’s existing Code of Conduct will be emailed to the Board. Discussion on this item will be scheduled on a future agenda.
Town Manager Miscellaneous
- Acting Town Manager Kelly reminded the Board that in previous years, the Selectmen have voted to close town offices on the day after Thanksgiving and the day before Christmas (depending on when it occurred in the week). The closings have not had a negative impact on the public as these are typically quiet days for customer traffic and the gesture is greatly appreciated by the employees. This year, the day after Thanksgiving is Friday, November 23rd. Christmas falls on Tuesday, December 25th. Should the Selectmen wish to allow business offices to be closed on Monday, December 24th, Ms. Kelly suggested the vote clarify that days off from work are being allowed expressly to non-essential personnel (public safety employees are considered essential).
Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED AS A GESTURE OF GOOD WILL AT THE HOLIDAY SEASON, THE SELECTMEN VOTE TO CLOSE TOWN BUSINESS OFFICES FOR NON-ESSENTIAL PERSONNEL ONLY ON FRIDAY, NOVEMBER 23, 2012 AND MONDAY, DECEMBER 24, 2012; ONLY ESSENTIAL PUBLIC SAFETY EMPLOYEES WHO ARE SCHEDULED TO WORK ON EITHER DAY WILL BE ELIGIBLE TO RECEIVE UP TO EIGHT (8) HOURS OF COMPENSATORY TIME OFF AT THE DISCRETION OF THE TOWN MANAGER.
- Ms. Kelly reminded residents that the national and state Election has been scheduled for tomorrow, Tuesday, November 6th. Polls are open from 6am-8pm. Please check the town’s website for polling information at www.holdenma.gov.
- Ms. Kelly presented information regarding MGL c. 268A – Advice Letter to the Board for its review and vote. As Ms. Kelly’s son Jonathan works part-time at the Holden Community Television Studio, part of Ms. Kelly’s responsibilities as Acting Town Manager include supervision of all Town departments and employees. His part-time employment poses a potential conflict of interest as “my immediate family member has a financial interest in the mater.” To address the situation, Ms. Kelly requested legal advice from Town Counsel on the appropriate procedure of disclosure to avoid the appearance of a conflict of interest. The Board reviewed Town Counsel’s Advice Letter dated October 17, 2012 which provides a recommendation and a response from the State Ethics Commission. Based on
the information received from Town Counsel and the State Ethics Commission, Ms. Kelly requested that the Board of Selectmen vote and authorize the Chair to sign a Disclosure Form in order to make a determination as required by MGL c. 268A, Section 19 that the Board has reviewed the matter and the financial interest identified by Ms. Kelly and determined that the financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from an employee. The form will be on file at the Town Clerk’s office.
Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED THAT THE BOARD OF SELECTMEN VOTE AND AUTHORIZE THE CHAIR TO SIGN A DISCLOSURE FORM IN ORDER TO MAKE A DETERMINATION AS REQUIRED BY MGL C. 268A, SECTION 19 THAT THE BOARD HAS REVIEWED THE MATTER AND THE FINANCIAL INTEREST IDENTIFIED BY MS. KELLY AND DETERMINED THAT THE FINANCIAL INTEREST IS NOT SO SUBSTANTIAL AS TO BE DEEMED LIKELY TO AFFECT THE INTEGRITY OF THE SERVICES WHICH THE MUNICIPALITY MAY EXPECT FROM AN EMPLOYEE.
- Ms. Kelly and the Board reviewed a letter from Julianne Kelly, Chair, Ad Hoc Subcommittee to Review the Regional Agreement. The letter asks for guidance from the member towns concerning scheduling of public hearings. The Subcommittee also invited interested parties to an as yet unscheduled meeting with Christine Lynch, Regional Governess for the Department of Elementary and Secondary Education concerning the process to adopt amendments to the agreement. Ms. Kelly said that in order to prepare for these meetings, the Board should consider scheduling a discussion of the Town’s specific interests in amending the agreement and the future public meetings in Holden.
- Ms. Kelly reported that on Thursday, November 1st, the Town of Holden, acting through its Economic Development Commission, hosted a booth at the N.E. Business Expo held at the DCU Center, Worcester. Ms. Kelly reported that she participated in the morning session and that other town staff and officials were on hand as well. Thanks to Growth Management Director Dennis Lipka for handling logistics and manning the booth during the entire event. The Town made a good representation to prospective and existing businesses.
- The Board reviewed the September 2012 Holden Municipal Light Department monthly report.
- The Board reviewed the Town Revenue and Expenditure Reports, prepared by Lori Rose, Town Accountant for the end of FY12, June 2012, and for the months of July 2012, August 2012, and September 2012. Sel. Ferguson said he would like to receive a monthly report from Water/Sewer. Chairman Renzoni said while he would like to get as much information as he can, he did not want to put anymore manpower into generating the report. The Board agreed that they would like to receive a simple report.
- Ms. Kelly announced that the Town had received a letter from Michael Hanlon, Executive Director of the MA Collectors and Treasurers Association, advising that their Board has renewed for an additional five years Certification of the Treasurer/Collector Sharon Lowder. Renewal is granted only to those certified candidates who continue to attend and successfully pass the annual Association school each year, which includes a battery of required courses in municipal law, finance, and administration. The Selectmen extended their congratulations to Ms. Lowder for her accomplishment and concurred with Ms. Kelly that individuals such as Ms. Lowder make an invaluable contribution to town government by maintaining their expertise, knowledge, and professional credentials.
Acceptance of Minutes
Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was VOTED 4-0-1 WITH 1 ABSTAINED TO APPROVE THE MEETING MINUTES OF OCTOBER 1, 2012 AS PRESENTED. (ABSTAINED: LIPKA.)
Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE REGIONAL SELECTMEN MEETING MINUTES OF OCTOBER 3, 2012 AS PRESENTED.
Motion by Sel. Lipka, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF OCTOBER 13, 2012 AS PRESENTED.
Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF OCTOBER 15, 2012 AS PRESENTED.
Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was VOTED 3-2-0 WITH 2 ABSTAINED TO APPROVE THE EMERGENCY MEETING MINUTES OF OCTOBER 29, 2012 AS PRESENTED. (ABSTAINED: JUMONVILLE, LIPKA.)
10. Follow Up to Citizens’ Address
Chairman Renzoni suggested that residents who are dissatisfied with the representation on the School Committee have two options: get out and vote or run for election.
Sel. Lavigne clarified that in his statement Mr. Meyer indicated that the Massachusetts State Senators were John Kerry and Elizabeth Warren. The current Massachusetts State Senators are John Kerry and Scott Brown.
11. Executive Session
Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION AT 8:29PM TO CONDUCT STRATEGY SESSIONS IN PREPARATION FOR NEGOTIATIONS WITH NON-UNION PERSONNEL AND TO CONDUCT CONTRACT NEGOTIATIONS WITH NON-UNION PERSONNEL/TOWN MANAGER AND RETURN TO REGULAR SESSION FOR ADJOURNMENT PURPOSES ONLY. ROLL CALL VOTE: FERGUSON: YES; RENZONI: YES; JUMONVILLE: YES; LAVIGNE: YES; LIPKA: YES.
12. Adjournment
Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY TO ADJOURN THE NOVEMBER 5, 2012 MEETING AT 9:05PM.
APPROVED: November 19, 2012
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