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11/04/2013
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
NOVEMBER 4, 2013

6:30PM                                                                                  Memorial Hall

Present:                
Chairman Robert Lavigne, Kenneth Lipka, Anthony Renzoni, Mark Ferguson, Jeremy Kurtz
                        
Others Present: 
Jacquie Kelly, Town Manager
Peter Lukes, Assistant Town Manager
Elizabeth Helder, Recording Secretary

Chairman Lavigne opened the meeting at 6:35PM.  The Board participated in the Pledge of Allegiance.

  • Licenses – Appointments – Permits
There were no licenses, appointments, or permits submitted for approval.

  • Vote to Hold Tax Classification Hearing on November 18, 2013
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO HOLD A PUBLIC HEARING FOR A TAX CLASSIFICATION HEARING ON NOVEMBER 18, 2013 AS PRESENTED.

  • Vote to Certify Authority to File SRF Borrowing Application
The Manager informed the Board that the town was preparing to submit an SRF loan application in the amount of $525,000 for the purposes of water main replacement and Supervisory Control and Data Acquisition (SCADA) equipment upgrades.  The town will use the borrowing to fund the replacement of old, undersized (and prone to leaking) 6-inch cast iron water mains on portions of Maple Street, Winthrop Lane, Kenwood Lane, Boyden Road, Philips Road, and Chaffins Lane.  In addition, equipment improvements will be made to the water SCADA system to allow for greater control and better reliability.  The use of the SRF loans will result in savings because of reduced borrowing costs.  Additionally, the replacement of these water mains will remove a source of potential leakage in the system.  Ms. Kelly will inform the Board of the borrowing rate when the loan is secured with the State.  

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED THAT THE HOLDEN BOARD OF SELECTMEN ADOPT THE ATTACHED ‘AUTHORITY TO FILE’ TO DESIGNATE THE TOWN MANAGER AS THE SIGNATORY AUTHORITY FOR AN SRF LOAN APPLICATION FOR THE PURPOSES OF WATER MAIN REPLACEMENT AND SUPERVISORY CONTROL AND DATA ACQUISITION EQUIPMENT UPGRADES AS PRESENTED.

  • Selectmen Subcommittees
Sel. Lavigne: Winter Festival Committee: Committee continues to look at timing and corporate sponsorship and meets every Friday at 9AM at the Starbard Building.  The Festival will be held on first Saturday in December from 1PM – 6PM.  Facebook and Twitter feeds have been created.  The event will be unable to invite vendors to participate this year.
EDC: Has not met.  Committee has three new volunteers interested in joining.

Sel. Renzoni: Water/Sewer: Will meet on 11/7.
Veteran’s Committee: Committee still has vacancies available.

Sel. Lipka: Municipal Light Department Advisory Board: Will meet on November 21, 2013 to review the HMLD 2014 Calendar Budget.
Affordable Housing: Has not met.

Sel. Ferguson: Not currently serving on a Committee.

Sel. Kurtz: EDC:
Memorial Day Parade: Met on October 31st.  Next meeting is December 11th.

  • Town Manager Miscellaneous
  • The Board reviewed a draft copy of the Selectmen Budget Goals based on a previous goal setting meeting.  The Board agreed to schedule a future date to discuss and prioritize the goals.  The Board agreed to meet at 6PM at their next meeting to prioritize the goals.
  • The Board reviewed the Year-To-Date Revenue and Expenditure Report for the period ending September 2013 as prepared by Lori Rose, Town Accountant.
  • The Board reviewed DPW Monthly Report for the period ending September 2013 as prepared by John Woodsmall, DPW Director.
  • The Manager reported at the last meeting, Sel. Ferguson used data in a previous DPW Report to calculate a monthly percentage for unaccounted for water (UAW).  This number was erroneous.  Each calendar year, the MA Department of Environmental Protection calculates the unaccounted for water percentage (UAW) for every municipal water system in the Commonwealth.  The resulting UAW is the product for a calculation devised by the DEP using the Town’s Annual Statistical Report data submitted to the DEP each spring (usually on April 1st).  UAW is not calculated on a monthly basis by the DEP.  According to the most recent DEP calculation, Holden’s annual UAW is 21%.  Ms. Kelly agreed that the town is concerned about UAW as it is a metric to evaluate the performance of the towns water system overall.  There is no quick, easy fix to address and reduce UAW.  Rather it is addressed through programmatic leak detection and investment of capital in the town’s aging water system.  The Board reviewed two memos that were forwarded to the Selectmen in May of 2012 and January 2013 which explain more about how UAW is derived and outline the town’s plan to address it.  Additionally, the Selectmen included two goals for FY2015 relative to UAW: Development of an ongoing program to reduce unaccounted for water and Development of a plan to document the Division’s Capital Improvement Plan.
  • Ms. Kelly reported that the town has engaged the services of Prowler Leak Detection to conduct inspections of the water lines in town.  Residents will notice Prowler employees riding around on Segways listening to high-intensity microphones in order to detect leaks.  They will inspect 105 miles of pipe in town over a 3-4 week period.  Some leaks have already been detected.  Additionally, the town will be conducting pressure testing of water pipes in some sections of town for leak detection purposes.
Sel. Ferguson said he would like to address the Manager’s statement that he used erroneous data from the July 2013 DPW Water/Sewer Monthly report to calculate his percentage of UAW.  He said that his calculations were correct.  He discussed the formula he used to calculate the percentage and handed out information and data he collected to back up his calculations.

Sel. Renzoni called for a point of order.  He said this was the first time he, the Board, or the Town Manager had received this data and it was unfair to ask the Administration to comment on this information before the DPW has a chance to analyze it.  He suggested that Sel. Ferguson ask the Chairman to schedule this information as an agenda item for a more lengthy discussion.

Chairman Lavigne attempted to explain to Sel. Ferguson how the DEP calculates UAW; they make an annual “snapshot” of UAW, not a monthly “snapshot” as Sel. Ferguson is trying to do.  He explained that the town’s water/sewer infrastructure finished in the red for seven years in a row.  There was no money to make repairs and the system suffered greatly.  The town adjusted its water/sewer rate structure and now has the money to make improvements and correct UAW, but this work takes time.  He reviewed a January 18, 2013 memo from the Administration that outlines a plan to fix the problems.  Additionally, the Fire Department and the DPW are communicating more effectively in order to estimate how much water the FD uses to fight fires.  

Sel. Ferguson said he was upset that the other Selectmen get to speak and he does not.

The Chairman said that the other members of the Board do not try and pass off agenda items as part of their Selectmen’s Miscellaneous.  He said he would not let Sel. Ferguson belittle other members of the Board.

Town Manager Kelly said that the DEP calculates its formula once every calendar year based on cumulative data over the previous 12 months.  She said that Sel. Ferguson’s math was correct; he was just using the wrong formula.

Sel. Renzoni called for another point of order.  He said it was not a reasonable expectation to discuss this subject in great detail without the time to do so.  He said he felt that this conversation was in violation of the open meeting law.

Sel. Ferguson said that he posted UAW under his Sel. Miscellaneous.

Chairman Lavigne said that writing UAW on the top of a piece of paper was not sufficient information to warrant this type of discussion.  He suggested that Sel. Ferguson have this discussion posted as an agenda item.  He said Sel. Ferguson was distorting the math and was not discussing UAW; he was discussing his own calculations.   He said the Town Manager tried to explain the calculation discrepancy to Sel. Ferguson in her miscellaneous report.

Sel. Ferguson said that his lawyers would bring action against the Board’s violation of his civil rights and the opportunity to speak as an elected official of the town.  He said he would speak during Citizens’ Address.

Chairman Lavigne interrupted Town Manager’s Miscellaneous for Citizens’ Address at 7PM.

  • Citizens’ Address
Mr. Mark Ferguson of Bailey Road addressed the Board regarding unaccounted for water and his formula for calculating it.  He said he would open himself up to scrutiny on Channel 11 to debate this issue.  He also addressed the fact that the school district has been downgraded from a level one to a level two by the Department of Education.  He said that Holden builds new schools and pays its teachers well and is not achieving the highest educational standards.  He asked that the Town invite members of the District to address the Board and this discrepancy.

Mr. Ed Meyer, Fort Sumter Drive, addressed the Board regarding some calculations he was recently asked to make regarding the towns monthly UAW.  He said Sel. Ferguson’s calculation was correct.  

  • Town Manager’s Miscellaneous (reopened)
  • The Manager reminded residents that all town offices and the Library would be closed on Monday, November 11, 2013 in honor of Veteran’s Day.
  • The Manager said that Boy Scout Troop 180 would hold a Flag Retirement Ceremony November 12, 2013 at Trout Brook at 7PM.
  • Ms. Kelly said she would attend the Dedication Ceremony of the Wachusett Recycle Resource Center on Friday, November 8, 2013 at 4PM.  The Resource Center always needs volunteers.
  • The Town Manager reminded members of the Board that they only vote on water/sewer rates.  Selectmen do not get involved in the operations or day to day business of the W/S Department.  This is the job of the Town Manager.
  • Selectmen Minutes
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE BUDGET GOALS DISCUSSION MEETING MINUTES OF OCTOBER 7, 2013 AS AMENDED BY SEL. RENZONI TO REMOVE THE WORDS “IT WAS” IN THE THIRD PARAGRAPH ON PAGE ONE AND INSERT THE WORDS “NOT TAXING TO THE LEVY LIMIT IS” AND REMOVE THE WORDS “RIDE HERD OVER” ON PAGE THREE IN THE NINTH PARAGRAPH AND INSERT THE WORD “MANAGE” AS PRESENTED.  

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF OCTOBER 7, 2013 AS PRESENTED.  

Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was VOTED 3-1-1 WITH 1 ABSTAINED AND 1 OPPOSED TO APPROVE THE MEETING MINUTES OF OCTOBER 21, 2013 AS AMENDED BY SEL. RENZONI TO INSERT THE SENTENCE “SEL. FERGUSON THEN WENT ON TO ACCUSE HIS FELLOW SELECTMEN OF SUMMONING THE HOLDEN POLICE TO ATTEND MEETINGS DUE TO RANDOM BALLOON ACTIVITY IN MEMORIAL HALL.  HE THEN INQUIRED IF THE CHAIRMAN WAS ‘AFRAID OF THE DARK’” AT THE END OF THE THIRD PARAGRAPH AND INSERT THE SENTENCES “SEL. FERGUSON DENIED RECEIVING THE LETTER DATED SEPTEMBER 24, 2012 AND WHEN INFORMED BY SEL. RENZONI HE DID RECEIVE THE LETTER SEL. FERGUSON INTERRUPTED WITH, ‘CUZ SAY YOU AND YOUR OTHER THREE REHEARSED PARTNERS.  CHAIRMAN LAVIGNE AGAIN ATTEMPTED TO GAIN CONTROL OF THE MEETING BY ASKING SEL. FERGUSON TO HOLD HIS COMMENTS TO WHICH SEL. FERGUSON REPLIED, ‘OR WHAT, WHAT ARE YOU GOING TO DO, TELL THE VOTERS NOT TO VOTE FOR ME?’  

SEL. FERGUSON THEN MADE COMMENTS AS TO THE CLAIM THERE IS 39.44% MISSING WATER.  AND INQUIRED AGAIN WHAT CHAIRMAN LAVIGNE WOULD DO IF HIS BEHAVIOR CONTINUED.  CHAIRMAN LAVIGNE INFORMED SEL. FERGUSON HIS CONTINUED LACK OF CIVILITY AND REFUSAL TO RESPECT THE AUTHORITY OF THE CHAIRMAN COULD RESULT IN CENSURE.’” AT THE END OF THE FOURTH PARAGRAPH, SEL. KURTZ AMENDED THE MINUTES TO ADD ‘MEMORIAL DAY PARADE’ TO HIS SEL. SUBCOMMITTEES, AND SEL. LAVIGNE AMENDED THE MINUTES TO INCLUDE THE SENTENCE “… AFTER HEARING FROM MEMBERS OF THE COMMUNITY” TO THE FIRST PARAGRAPH ON PAGE TWO, SECTION THREE AS PRESENTED.  (OPPOSED: FERGUSON.  ABSTAINED: LIPKA.)

Sel. Ferguson called for a point or order when discussing Sel. Renzoni’s amendment saying that the remainder of the Board should have received Sel. Renzoni’s amendments prior to meeting.  Chairman Lavigne said that all Selectmen were in attendance at the meeting and received the minutes on November 1, 2013.

Sel. Ferguson agreed that the Recorder takes great minutes but offered the following that it seemed to him that we’re trying to add theatre to the Selectmen’s meetings.  Sel. Ferguson continued by adding that he did not know what these (minutes) are going to do outside of self-serving theatre trying to work towards a censure.  Sel. Ferguson went on to compare his service to that of the State Legislature and followed up with “and yet I’m not going to surrender to a pack of wolves that rehearse and do everything they can do to defame me and throw screaming accusations.”  Chairman Lavigne was forced to point out once more that Sel. Ferguson was out of order.  Sel. Ferguson then proclaimed that “four to one, we get it, but I’m not leaving.  In fact, I’m running again.”
  • Follow Up to Citizens’ Address
Sel. Renzoni encouraged any citizen who has questions for the school committee to attend a school committee meeting.  The Board of Selectmen does not have the authority to summon the school committee to its meetings to address concerns from residents.

  • Selectmen Miscellaneous
Sel. Lipka: 1. Inquired about gravel excavation occurring Quinapoxet Street.  Is a temporary 3-year process.
2. Sel. Lipka made a statement that that he does not collude with any Selectmen prior to any Board meetings.  He said that his attorney asked that he make this declaration in public for the record.  He also suggested that the Selectmen leave their personalities at the door.

Sel. Lavigne: 1. Attended the ribbon cutting ceremony for Sweets and Java.
2. Discussed the process for adding and discussing agenda items.  He encouraged Selectmen send him an email or a phone call and he will make sure that an item for discussion makes it onto the agenda.
3. Participating in promoting men’s health “Movember” awareness for prostate detection and screening by growing a beard during the month of November.  Sel. Lipka, as a former cancer survivor, to take care of themselves and listen to their doctor.  He also encouraged residents to support local businesses and shop locally.

Sel. Ferguson: 1. Discussed unaccounted for water.  He submitted a request through the public records process for information for questions from the Town Manager.  The Town Manager reminded the Board that a single Selectman cannot make a public records request for information.  Chairman Lavigne suggested that Sel. Ferguson submit the request as a citizen.  Sel. Ferguson refused adding that he felt he was due the information.
2. The Board reviewed an “oil vs. natural gas” pricing graph submitted by Sel. Ferguson.  Natural gas is considerably cheaper than home heating oil.  Sel. Ferguson said the town will soon be saving money because it is in the process of converting the municipal buildings in the center of town over to natural gas.

Ms. Kelly asked what this information has to do with the Board of Selectmen.

Sel. Renzoni said he would like to make a motion to encourage the Manager to save money wherever possible.  Chairman Lavigne and the Town Manager said that the Board has already directed the Manager to achieve this goal.

  • ADJOURNMENT
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ADJOURN THE MEETING OF NOVEMBER 4, 2013 AT 7:35PM.  


Approved: November 25, 2013 (as amended)