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06/03/2013
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
JUNE 3, 2013

6:30PM                                                                                  Memorial Hall

Present:                Chairman Robert Lavigne, Anthony Renzoni, Kenneth Lipka,
Mark Ferguson, Jeremy Kurtz
                        
Others Present: Jacquie Kelly, Town Manager
                        Stephen Madaus, Town Counsel
                        Elizabeth Helder, Recording Secretary

Chairman Lavigne called the meeting to order at 6:30.  The Board participated in the Pledge of Allegiance.

  • Warrant for Special State Election – June 25, 2013
Town Manager Kelly announced that a Special State Election will be held on June 25, 2013 to elect a Senator in Congress.  The Board signed the Special State Election Warrant.

  • Recognition of Holden’s Emily Westerback, Monty Tech Student of the Year
Emily Westerback, the Monty Tech Student of the Year, addressed the Board.  Ms. Westerback, who recently graduated from Monty Tech, was an honor student in the Graphic Communications program and graduated first in her class of 331 students with a 3.96 GPA.  Ms. Westerback will attend WPI on a full scholarship in Fall 2013 to major in Biology/Pre-Med.

Sel. Renzoni spoke very highly of the academic programs being offered at Monty Tech.  He also noted that enrollment at the school from Holden has more than doubled in the last 4 years.  

  • Licenses and Appointments
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A PUBLIC ENTERTAINMENT LICENSE TO LINETTE ROCHE ON BEHALF OF KIDOODLES LEARNING CENTER FOR THE USE OF THE BANDSTAND ON THURSDAY, JUNE 13, 2013 FROM 6-7PM.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO DENSISE MORANO ON BEHALF OF HOLDEN RECREATION FOR THE SALE OF SNACKS AT THE HOLDEN POOL FROM JUNE 21, 2013 THROUGH AUGUST 24, 2013, MONDAY – FRIDAY 10AM – 6PM AND SATURDAY AND SUNDAY FROM NOON TO 6PM AS PRESENTED.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A ROAD RACE PERMIT TO GORDON WARREN ON BEHALF OF THE CENTRAL MASS STRIDERS FOR A ROAD RACE ON SUNDAY, JULY 21, 2013 FROM 6:30PM TO 8:30PM.

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO APPROVE A ROAD RACE AND COOKOUT LICENSE TO CHERYLANN GENGEL ON BEHALF OF BE LIKE BRIT FOR SUNDAY, JULY 28, 2013 FROM 7AM-2PM PENDING POLICE ASSISTANCE WITH TRAFFIC AS PRESENTED.

  • Discussion of Forming a Veteran’s Advisory Committee
Sel. Renzoni spoke of the need to form a Veteran’s Advisory Committee to help aid in conducting some of the services and provide input as to the status of the veteran community and those specific areas of interest that most concern or impact the town’s veterans.  He proposed that the Committee be comprised of any veteran who is a registered voter of the town and was discharged under honorable circumstances.  Two of the members may be veteran’s spouses.  The Town Veteran’s Agent would serve as an ex-officio member.  He asked that the Committee be comprised of between five and nine members.  Sel. Renzoni said he had the approval of the American Legion.  Legion members were appreciative of any assistance.  He asked that Town Counsel review his proposal so that the Town Manager can draft a charge for the Selectmen to review in July 2013.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO REQUEST THE TOWN MANAGER DRAFT A CHARGE TO ESTABLISH A VETERAN’S ADVISORY COMMITTEE FOR THE SELECTMEN TO REVIEW AT THEIR JULY 2013 MEETING AS PRESENTED.

  • IMA Short Term Borrowings, Mountview Middle School
Ms. Kelly reported that the School Building Committee is moving forward with Design Development through Construction Completion plans for the project.  Ms. Kelly said the project will proceed with two short term borrowings during the construction process.    Ms. Kelly said that Standard and Poor’s recently conducted a financial review of the Town’s accounts.  There is a possibility that Standard and Poor’s may increase the Town’s bond rating due to its recent favorable financial review.  The WRSC will discuss the approval of the Intermunicipal Agreement at its next meeting.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO AUTHORIZE THE TOWN MANAGER TO ENTER INTO IMA AGREEMENT NEGOTIATIONS WITH THE SCHOOL DISTRICT AS PRESENTED.

Sel. Ferguson said that interest rates are at an all-time low but feels that these low rates will not last for long.  Additionally, the Patrick Administration may begin taxing municipal bonds.  He asked why the Town does not proceed with one long term borrowing, longer than the normal 20 year borrowing.  Ms. Kelly said that one of the drawbacks to borrowing a large sum up front involves “arbitrage” which is a penalty for not spending money fast enough.  It is important to only borrow what you spend.  Sel. Ferguson felt that any penalties incurred in “arbitrage” outweigh getting a low, favorable borrowing rate now.

  • Town Manager Miscellaneous
  • Based on feedback from the Selectmen, Town Manager Kelly proposed that the Selectboard schedule its summer meetings on Monday, July 15, 2013 and Monday, August 12, 2013.
Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO SCHEDULE THE SELECBOARD’S SUMMER MEETINGS ON MONDAY, JULY 15, 2013 AND MONDAY, AUGUST 12, 2013 AS PRESENTED.

The Chairman interrupted Town Manager Miscellaneous at 7PM to proceed with Citizens’ Address.

  • Citizens’ Address
No one came forward to address the Board.

     6.  Town Manager Miscellaneous (cont.)

  • The Board reviewed an Executive Action to establish a Winter Festival Committee.
  • The Board reviewed a schedule of expenditures related to Town Counsel as requested by Sel. Ferguson.
  • Ms. Kelly presented the HMLD Monthly Report for April 2013 as prepared by Jim Robinson, Manager.  The Selectmen were pleased to see that Mr. Robinson and his staff have worked diligently to reduce the delinquent/past due accounts from $54K to $15.5K.
  • Ms. Kelly presented the Year-To-Date Revenue and Expenditure Reports for April 2013 as prepared by Lori Rose, Town Accountant.
  • Ms. Kelly updated the Board on efforts to expand gas mains into Town.  She reported that she would invite representatives from NSTAR to a future Selectboard meeting to discuss their process and policies to install extension of their gas mains.
  • The Board reviewed the 2012 Water Quality Report as prepared by DPW Director John Woodsmall and Water-Sewer Superintendent Mark Elbag.  The Report was prepared as prescribed by the US Environmental Protection Agency and the MA Department of Environmental Protection Agency.  The Town Manager said the Town strives to deliver excellent, high quality, good tasting potable water to every rate payer in the Town, 365 days per year, 24 hours per day.  She said they were also proud of the Town’s record of providing this safe, reliable drinking water – an achievement that is often overlooked in the debate about rates for this essential commodity.
  • The Board reviewed the Recreation Department’s Summer 2013 Brochure.  An extra bonus for the Recreation Department will be when they celebrate the 10th Anniversary of the Holden Pool this summer on July 16th.  Ms. Kelly reported that the Pool will open for business on weekends starting June 1st!
  • The Annual Employee Picnic and recognition event will be held on Wednesday, June 12th from 12PM-2PM at Trout Brook.  By popular demand, the sundae dessert bar will be back!
Motion by Sel. Lipka, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE ALL NON-EMERGENCY TOWN OFFICES ON JUNE 12, 2013 FROM 12PM-2PM FOR THE ANNUAL EMPLOYEE PICNIC.

The Board interrupted Town Manager Miscellaneous to process with Agenda Item #8.

  • Appointment to Wachusett Regional School District Committee
Ms. Kelly announced that due to the resignation of Holden Representative Steve Hammond, the Town needed to fill its vacancy on the School Committee.  She said the appointment was for one year.  She said that two residents submitted applications for the vacancy: Mr. Bob McCarthy and Mr. Ken O’Brien.  The Board interviewed Mr. Bob McCarthy.  Mr. McCarthy said he believed that someone needs to focus on what is best for the children’s and Town’s interest.  Sel. Renzoni asked how Mr. McCarthy feels about Federal National Education Standards (CommonCore).   Mr. McCarthy said he did not really support MCAS and the standardizing of education because not all children are the same and it is difficult to hold all children to the same standards.  

He said the School Committee does not replace the involvement of parents, who must be involved in their children’s education.  He said he was unsure if he would seek election in a year. Sel. Ferguson spoke to giving students at the high school more options specifically Junior ROTC.  Mr. McCarthy said he was in support of offering this educational option.

Sel. Kurtz asked what Mr. McCarthy’s position was on the current state of the District’s financial situation.  He said there has to be some accountability at the District level.  From the outside looking in, he said there does not appear that there are any steps or controls in place to successfully monitor the District’s financial activities.  Sel. Lipka asked Mr. McCarthy about his opinion on the size of the Administration as the District.  Mr. McCarthy said he was unfamiliar with the size of the Administration.  Chairman Lavigne asked Mr. McCarthy about the controls regarding the financial problems at the District.  Mr. McCarthy said he needed to understand where the 2M went.  He said his two or three main priorities included to conduct a successful search for a Superintendent, the budget, and to determine if the Administration was too top heavy.  Sel. Ferguson said that the BOS has asked for financial disclosure from the District and has not been successful; what has to be done to make sure it doesn’t happen again.  He said he needs a representative who is not afraid to stand up to the School Committee and put safeguards in place to make sure these things do not happen again.  Mr. McCarthy said that attendance at SC meetings would not be a problem to achieve.

Chairman Lavigne asked about the relationships between the SC, the Towns, and the District.  Mr. McCarthy said it all has to work together but ultimately it comes down to the taxpayers paying the bills and the District needing to be accountable for their actions.

The Board interviewed former Selectmen Ken O’Brien for the interim position.  He said as a former Selectman, he would bring a unique perspective to the School Committee regarding transparency and accountability.  It is important to be able to communicate to the residents.  He said he has experience working with the District in bringing financial information to the towns.  One of his top priorities would be to have complete financial disclosure/transparency to the towns.  He said it is important to make sure the money is being spent on the children and not on a top heavy administration.   He said attendance on the Committee is essential.  He said that finding the right Superintendent was essential to getting the District back on track.  He said that he was more interested in the budget process rather than the minutia of educational subcommittee needs.  His strengths would be better used in other areas.  

Sel. Renzoni asked about CommonCore.  Mr. O’Brien said he was not interested in “dumbing down” the standards to make the test scores look better; it is important to make sure kids are challenged to learn.  He said he did not want to see Massachusetts education standards lowered to a level like the State of Mississippi.  Additionally he was not interested in a program that provides a “one size fits all” type of education that levels-off educational standards.  Parents are busy and sometimes do not have the time to parent their kids.  The District needs to improve on parent/teacher communications; parents do not always know what is going on especially in this “paperless” society we’ve become.  

Sel. Ferguson asked about advocating for Junior ROTC at the high school.  Involvement in this type of program can help with college admissions/scholarships.  Mr. O’Brien said he found it disappointing that the military is becoming the only option for some kids.  He said that there is a student at the high school that is participating in Jr. ROTC and must go to another high school to take the classes.  If this helps in competitive college/military access, then it should be provided.  There is place for everything and would not be opposed to it.  Ideal size of school committee:  important that Holden have a 45% say in what happens.  Having too many people serving on the committee and expressing their opinion makes for a very long meeting.  A smaller
committee would give more value to the seats that occupy them but the votes must be weighted.  Sel.

Ferguson said he was looking for a candidate that was not afraid to raise “holy hell” about making sure that teachers have the resources they need to teach.  Mr. O’Brien said he learned as a Selectman, it is important to have consensus to make something happen.  However, it comes from the top down and it will be important to find the most appropriate Superintendent.  He said he would do the job to the best of his ability which and will take the time to listen to people.  He said he misses being a Selectman and being in contact with the people.

Sel. Kurtz said his questions had been answered.

Sel. Lipka asked for his opinion on the search for a new Superintendent; how will the SC be able to hire a qualified candidate given their recent troubles.  Mr. O’Brien said the SC does not adhere to Roberts Rules or Order, which are rules that help protect the minority.  The minority opinion on the SC is not respected.   He said it was important to develop an atmosphere of collegiality.

Chairman Lavigne asked about conducting a financial audit and implementing new controls to make sure these issues do not happen again.  Mr. O’Brien said that residents are concerned about the financial shortfalls at the District level, adding that the public has lost confidence in the way the District does business.  Transparency and accountability are everything and that he was not worried about what people say.  He spoke to the work of former SC member Mike Sherman who worked in the trenches and was not interested in the publicity of the job.  The system works best when people are civil and transparent.  

Sel. Renzoni said Mr. McCarthy and Mr. O’Brien were tied on their opinions.  He said while both candidates were qualified, he would like to appoint a new and different set of eyes to the school committee.  

Sel. Ferguson said Mr. McCarthy’s interest in implementing a Jr. ROTC program was important to support.  While both candidates are well qualified, Mr. McCarthy simply applied first and that was the tie-breaker for him.

Sel. Kurtz said he would not support the nomination of Mr. McCarthy.  He said that since Mr. O’Brien has indicated that he would not be interested in running for the position in a year would offer a better opportunity to speak out on key topics, combined with his management style, and his experience in the District make him the more qualified candidate.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was VOTED 4-1 WITH 1 OPPOSED TO APPOINT MR. MCCARTHY TO FILL THE ONE YEAR VACANCY ON THE SCHOOL COMMITTEE UNTIL THE NEXT ANNUAL ELECTION.

Chairman Lavigne left the meeting at 7:56PM.

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was VOTED 4-0 TO RECESS THE MEETING FOR FIVE MINUTES.

The Board returned to meeting at 8:05PM

  • Water-Sewer Rate Adjustment – Public Hearing – June 17, 2013
Ms. Kelly and the Board reviewed a Rate Recommendation for Fiscal Year 2014 prepared by DPW Director John Woodsmall and Water-Sewer Superintendent Mark Elbag.  Ms. Kelly said that it would be necessary to schedule a water-sewer rate adjustment public hearing for June 17, 2013.  The Proposed Rate Adjustment would go into effect on July 1, 2013 and affect the average user by approximately $2.00/month.

Ms. Kelly also informed the Board that the Massachusetts Supreme Court had recently ruled that it would not hear the appeal from the City of Worcester regarding the Upper Blackstone mandate.  She said that the Upper Blackstone would now come up with remediation plans and costs which will take several years.  She said in the meantime, the Town would begin accruing money to set aside for these anticipated costs.

Sel. Ferguson said he would not vote to support the public hearing as he was opposed to any increases to the sewer fees being charged to residents.  He said he would have his own presentation to make at the public hearing on June 17, 2013.

Sel. Renzoni said he reminded the Board and residents that Sel. Ferguson added some lofty W/S goals for the Town Manager to achieve, and unanimously endorsed the W/S budget at Town Meeting and now as a W/S Superintendent should support the increase to make these things happen and are obligated to do it.  He asked that everyone wait for the public hearing before scrutinizing the actions of the Water Sewer Department’s plans.

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was VOTED 4-1 WITH 1 OPPOSED TO SCHEDULE A WATER-SEWER RATE ADJUSTMENT PUBLIC HEARING FOR JUNE 17, 2013 AS PRESENTED BY THE ADMINISTRATION. (OPPOSED: FERGUSON.)

Chairman Lavigne asked that Sel. Ferguson include his proposed plan in the Selectmen’s packets prior to the June 17, 2013 Public Hearing to allow the Board time to review his plan.

  • Two-Year Renewal of IMA, Regional Health Services
The Manager reviewed the history of the town participation in the IMA – Regional Health Services Agreement.
Sel. Lipka said he would abstain from the vote due to a conflict of interest.  

Dennis Lipka, Director of Growth Management spoke to some of the benefits the Town has received by participating in the IMA agreement during the last year.  He said the Town’s monetary contribution has been the same; projecting approximately a 2½% increase.  However, Mr. Lipka said the biggest advantage the Town has received in participating in the agreement has been its access to highly qualified personnel who are well trained and well versed in all health related issues.  He said the response time from the coalition has been excellent.

Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was VOTED 4-0-1 WITH 1 ABSTAINED TO AUTHORIZE THE TOWN MANAGER TO ENTER INTO A TWO YEAR IMA AGREEMENT FOR REGIONAL HEALTH SERVICES AS PRESENTED.  (ABSTAINED: LIPKA.)

  • Selectmen Subcommittees
The Town Manager will email a list of all active Selectmen Subcommittees to the Selectmen for review.

Starbard Scholarship: Chairman Lavigne announced that the Town had two candidates express interest in the Starbard Scholarship.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPOINT SEL. KURTZ AND SEL. FERGUSON TO SERVE ON THE STARBARD SCHOLARSHIP COMMITTEE.

  • Selectmen Minutes
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-0-1 WITH 1 ABSTAINED TO APPROVE THE MEETING MINUTES OF APRIL 16, 2013 AS PRESENTED. (ABSTAINED: KURTZ.)

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE MAY 1, 2013 REORGANIZATIONAL MEETING MINUTES AS PRESENTED.

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was UNANIMOUSLY VOTED TO APPROVE THE MAY 20, 2013 MEETING MINUTES AS PRESENTED.

     6.  Town Manager Miscellaneous (cont.)

Sel. Ferguson said he would like to see a local business cater the employee picnic. Ms. Kelly said a caterer had been selected for this year but would take the suggestion under advisement for future events.

Sel. Ferguson said he would like to see some sort of plan/program where the Town Manager works with/coordinate with residents to help bring natural gas services to residents along Shrewsbury Street neighborhoods.  Ms. Kelly said she will also bring Tom Angelo with NSTAR to a future BOS meeting.

Sel. Ferguson said he would like to have totals for all legal services.  Ms. Kelly said the amounts were for all town departments and that the totals provided were very accurate.  Ms. Kelly said that some of the years were higher than others due to litigation involving town employees that can be quite lengthy.  She said costs have decreased in the past several years because she has been conducting union negotiations in-house.  However, if a union decides to pursue legal action, it can drive legal costs up.  She said she would continue conducting these negotiations and would also like to hire an assistant town manager with this type of negotiation skills too.  Ms. Kelly reminded the Selectmen that the hiring of Town Counsel and legal services is the purview of the Town Manager.  She said she thought the idea of hiring an in-house general counsel was not a bad idea.  Chairman Lavigne said that hiring in-house general counsel would not negate the need to specialized legal services.

Sel. Ferguson handed in a written request to receive the town’s 1099 form.  Ms. Kelly said she and her staff would review Sel. Ferguson’s request.

Sel. Renzoni said he would like to move the conversation along, adding that any further discussion would require an agenda item.  He said that the Town hired Ms. Kelly to run this town and be their “Tom Brady.”

  • Selectmen Miscellaneous
Sel. Lipka:  1. Attended the ribbon cutting of Life & Bella’s Boutique at 667 Main Street.

Sel. Lavigne:  1. Kudos to the Memorial Day Parade Committee for another great parade and event to all ages to attend.

2. The Pool is open.  He asked residents for their patience as staff learns their jobs and the process.  Please remember to bring photo ID to the pool.  Some fraud has been detected and fake passes exist.  

Sel. Renzoni: 1. Attended the Memorial Day events at Davis Hill.

  • Adjournment
Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO ADJOURN THE JUNE 3, 2013 MEETING AT 8:40PM.   



APPROVED: July 15, 2013