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01/07/2013
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
JANUARY 7, 2013

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 Appointments

Acting Town Manager Kelly asked the Board to vote to confirm the Manager’s appointment of Mr. George Farrington to the Historical Commission.

Motion by Sel. Jumonville, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO CONFIRM THE TOWN MANAGER’S APPOINTMENT OF MR. GEORGE B. FARRINGTON TO THE HISTORICAL COMMISSION TO A TERM EXPIRING 12/31/14 AS PRESENTED.

2. Ratification of Town Manager’s Contract

Chairman Renzoni said that Ms. Kelly would begin as the new Town Manager on February 1, 2013.  The Board previously voted and approved Ms. Kelly’s contract in executive session.

Sel. Lavigne said he had some issues with the contract and would discuss them with the Board in executive session.  However, he said he supported Ms. Kelly as Town Manager and would support the ratification of the contract.

Ms. Kelly said she would email the Board when the contract is ready to be signed and released.

Sel. Ferguson asked that the contract be released to the press once it is ready.

Ms. Kelly will be sworn in as Town Manager on February 1st.

Motion by Sel. Jumonville, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO RATIFY THE TOWN MANAGER’S CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT AS PRESENTED.

3. Holden’s Participation in the Rural 11 Study for Agriculture

Acting Town Manager Kelly reported that the town participated in the recently completed Central 13 Central Mass Regional Plan coordinated by the Central MA Regional Planning Commission (CMRPC).  The CMRPC will undertake another regional planning Project, the proposed Rural 11, which includes the towns of Barre, the Brookfields, Hardwick, New Braintree, Oakham, Princeton, Rutland, and Warren.  Ms. Kelly explained that the Town’s delegate to the CMRPC and Chair of its Executive Board  
Otto Lies, and the Agricultural Commission have recommended that Holden participate in the Rural 11 with an emphasis on agricultural and related resources.  Ms. Kelly said the Administration supports participation in the study and recommended that the Selectmen vote to participate in this regional planning effort.  

Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO DIRECT THE ACTING TOWN MANAGER TO PARTICIPATE IN THE REGIONAL PLANNING EFFORT KNOWN AS RURAL 11 WITH AN EMPHASIS ON AGRICULTURE AND RELATED RESOURCES.

The Board recognized Mr. Lies and his over 20-years of volunteering with the Town calling him “an asset to the Town.”

4. Town Manager Miscellaneous

  • Ms. Kelly presented a series of documents for a short term borrowing for the Board’s signature.  The borrowing was approved at the May 2012 Annual Town Meeting and does not require a vote from the Board.  Sel. Ferguson commented that the short term borrowing rates were very low and questioned whether some of the town’s long term borrowing should be refinanced.  Ms. Kelly said that the town’s financial advisor was reviewing the rates and would make a recommendation to the Administration soon.
  • The DPW will offer Christmas tree collection/chipping on Saturday, January 12, 2013 at the Adams road location.
  • Ms. Kelly reminded the Board that Unibank informed the Town that effective January 2013, UniBank would begin implementing a $0.25 fee for each online ACH transaction.  Ms. Kelly reported that Town staff has successfully worked with UniBank and determined a means to satisfy the bank’s need to cover its costs while avoiding a per transaction charge to town customers.  Therefore, effective January 2, 2013 there will be no charge for online ACH payments to the Town of Holden.  Credit card user fees will remain the same for those who prefer to pay bills using a credit card.
  • Ms. Kelly reported that Chief Sherrill provided a packet of information along with a training CD to all Town schools regarding Active Shooter Response.  Sel. Lavigne said the Chief recently spoke at Davis Hill Elementary about this subject and received very favorable feedback from those parents in attendance.  Ms. Kelly said she would pass the information along to the Chief.
  • Ms. Kelly announced that the Gale Free Library will celebrate its 125th Anniversary in 2013.  The Library has plans for special events throughout the year.  Additionally, the Trustees are conducting a fund raising campaign to raise $125,000 to add to its endowment during the Library’s 125th Anniversary year.  Chairman Renzoni invited the Library Trustees to attend a future Selectmen’s meeting to publicize their fund raising efforts.
  • The Board reviewed the November 2012 Expenditure and Revenue Reports as prepared by Lori Rose Town Accountant.
  • The Board reviewed a preliminary monthly report prepared by John Woodsmall, DPW Director, including the Water/Sewer Division.  Feedback from the Board is welcome.  Sel. Ferguson said he would like to see the number of new water/sewer customers.
  • Ms. Kelly that Paul Challenger, the Holden Representative to the WRSD Regional Revenue Task Force has resigned.  Anyone who wishes to volunteer to serve on the task force should contact the Town Manager’s office.  Chairman Renzoni said that resident Jeremy Kurtz had volunteered to serve on the Subcommittee.  Sel. Lavigne seconded the support of Mr. Kurtz, adding that he was an active volunteer in town.
Motion by Sel. Renzoni, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO SUPPORT THE APPOINTMENT OF JEREMY KURTZ TO THE WRSD REGIONAL AGREEMENT SUBCOMMITTEE AS PRESENTED.

  • Ms. Kelly reminded the Selectmen that the WRSD Regional Agreement Subcommittee would hold a public meeting on Wednesday, January 9, 2013 at 7PM at Davis Hill School.  Sel. Ferguson said he would like the Board to attend the meeting and support their agenda as a united front.  The Board agreed to meet at the beginning of the meeting at 7PM to discuss the issues.  Sel. Lavigne said he will email his ideas to the Chairman prior to the meeting.
  • Water main work will be conducted in the Paugus Road area starting January 8, 2013.
5. Citizens’ Address

Mr. Ed Meyer, Fort Sumter Drive, spoke about the Special Town Meeting being requested by the Mountview School Building Committee one month prior to the May Annual Town Meeting.  He said he felt this Special Town Meeting was a waste of taxpayer money.

6. Update on the Wachusett Food Pantry

Ms. Karen Halley with the Wachusett Food Pantry said that the Food Pantry was still looking for a new home.  Chairman Renzoni said that State Representative Ferguson is a big proponent of finding the Pantry a new home.  To date, no location has been found.  Ms. Halley said that no suggestion or idea is too silly and even a temporary location would be acceptable until a long term solution can be found.  The Food Pantry is very adaptable to any space 1000 sq. ft. and beyond.  Chairman Renzoni said that he will host another Food Pantry Forum on Wednesday, January 16th at 7PM at Memorial Hall.  The Public is encouraged to attend.  Sel. Lavigne reminded residents that January is Food for Fines month at the Gale Free Library.  Further information can be found on Wachusett Food Pantry Needs A Home on Facebook or www.wfp1995.com.

7. 34th MMA Annual Meeting and Workshops

The Board reviewed the upcoming schedule of events for the 34th Annual Massachusetts Municipal Association Annual Meeting.  Sel. Lavigne volunteered to create a matrix of selectmen workshop assignments.  Please send your top three choices to rlavigne@holdenma.gov.

8. Selectmen Subcommittees

Sel. Lipka: Affordable Housing: Have not met.
Municipal Electric Advisory: Have not met.

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

Sel. Lavigne: EDC: Will meet February 1st.

Sel. Ferguson: Not currently serving on a subcommittee.

Sel. Renzoni: Water/Sewer Advisory Board: Have not met.

9. Selectmen Miscellaneous

Sel. Ferguson: 1. Discussed that he would like to change the zoning at the Old Police Station during the Annual Town Meeting to allow the Administration flexibility in disposing of the property.  He suggested creating a Committee to help guide the town in the best possible use of the property.  Sel. Lavigne concurred adding that abutter input was important.  However, he said he wasn’t sure if creating a committee was necessary.  He suggested inviting the abutters in to meet with the ZBA/Planning Board to gather their input.  Ms. Kelly said that Senior Town Planner will meet with the Selectmen in January to discuss the issue.  Sel. Lavigne said he thought the EDC should be involved too.  Sel. Jumonville said that the neighbors would like to see a “soft business” - a medical/professional/9AM-5PM business - occupy the location.  He said he would not want to see a liquor store occupy the space.  Chairman Renzoni said that this was one of Ms. Kelly’s goals and that he was confident that she had a plan for the space and wasn’t sure if the Board should be butting in.  He asked the Board to hold off on anymore comments/advice.  Ms. Kelly said she appreciated the input and will confer with Ms. Harding.


. Announced that the quarterly Sewer Transportation Rate bill (Oct., Nov. & Dec.) was due.  Sel. Ferguson said he felt that the town should withhold some of the payment based on what rate the town feels is fair.  He said the overage would be held in escrow.  He said he would like to appeal to the Board to direct the Manager to withhold a portion of this bill.  He said he could not in good conscience pay another quarterly bill at this inflated rate.  He expressed confidence in Ms. Kelly’s ability to handle the situation but none the less he would like to give her some direction.  Sel. Jumonville concurred with Sel. Ferguson comparing this rate to when the town gave away its water rights.  Sel. Lavigne asked Town Counsel if payment of bills was under the management of the Town Manager.  Town Counsel acknowledged that bill paying was under her purview and that the City of Worcester could go after the money via the Town’s Cherry Sheet.  Ms. Kelly said she would like to work cooperatively with the DCR and town staff continues to meet with them about the rate disagreement.  She said she would like to continue negotiations with the DCR which are less costly before pursuing a legal decision to solve the problem.  Sel. Ferguson said he respectfully disagreed with Ms. Kelly.  He said rate payers want to pay for what they use and want fair treatment.  He said he could not sit still and pay another bill.  Town Counsel said that the Town Manager understands Sel. Ferguson’s sentiment and strategy.  However, the Manager chooses the approach to try to work it out with the DCR first.  In this instance it’s a complicated matter and while the DCR was not acquiesced to the Town’s request, they are at least interested in sitting down to discuss the matter.  Ms. Kelly is taking the Board’s comments into her strategy.  Sel. Ferguson said that Ms. Kelly was his quarterback and he was behind her 110%.  Ms. Kelly commented that the town did not have a contract with the DCR and that the argument was not with the City of Worcester.  

3. Asked if the Town can provide a list of streets that will be paved. NSTAR will solicit residents to see if there is interest in converting to natural gas.  If there is 50% or more interest, NSTAR will install free of charge.  Ms. Kelly said that the Town does provide a list of streets to NSTAR.  She said she thought that NSTAR was waiting for potential customers to contact them.  Sel. Lipka asked if the town had a map of gas lines in town.  The Board was in agreement that the Town should have a NSTAR rep come in and talk with residents who are due to have their roads paved.

4. Sel. Ferguson discussed water rate costs in Holden, Rutland and Worcester.  He suggested that Jim Robinson, Manager of the Light Department, be promoted with a small stipend to the position of Director of Public Utilities or Assistant Town Manager.  Sel. Lavigne said that Mr. Robinson was running a stellar energy operation at the HMLD and would not want to see him redirected from that goal.  Maybe as a professional courtesy, he could sit down and discuss financial matters with the Director of the DPW.  He said that Sel. Ferguson discusses water rates every meeting and while he appreciates Sel. Ferguson wanting to keep water rates on the forefront, it is becoming white noise.  He said that the Board directed the Administration at its December 17, 2012 meeting to come back with several options and Sel. Ferguson should let them do their work.  Ms. Kelly said that Mr. Woodsmall and Mr. Elbag will report back at the next meeting to discuss I&I and will then report to the Board at the first meeting in February about water rate options.  Sel. Lipka said he did not feel that other staff member names should be mentioned by Board members, adding that he felt it was unprofessional.  He said that the Town cannot compare the water rates of Holden, Worcester and Rutland as they are apples and oranges.  Chairman Renzoni said that the current rate structure is a scientific approach to solving a 10-year rate problem that bankrupted the Water/Sewer Fund and caused the DOR to step in and mandate that the Town fix the town’s rate problem.  Whom the Town chooses to hire is the Town Manager’s decision.  If there is a better way to bill then he’s on board but let the Manager find that way.  Sel. Lavigne said he wanted to review the data before making a decision.    Sel. Lipka said he was not interested in lowering rates only to have to raise them again.  The Upper Blackstone burden is coming.  He cautioned against lowering the water rates.  Sel. Jumonville encouraged the town to seek alternative water sources.  Sel. Lipka said there are watershed acts that prevent a town to drawdown in watershed areas.

Sel. Jumonville: 1. Requested an update on the Public Safety Building.

Sel. Renzoni: 1. Routed a CD on a presentation on Chapter 70 Funding to the other Board members.

10. Acceptance of Minutes

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES OF DECEMBER 17, 2012 AS PRESENTED.

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was VOTED 4-0-1 WITH 1 ABSTAINED TO APPROVE THE INTERVIEW MEETING MINUTES OF DECEMBER 17, 2012 AS PRESENTED (ABSTAINED: JUMONVILLE.)

11. Follow Up to Citizens’ Address

The Board unanimously voted on December 17, 2012 to support holding a Special Town Meeting and Ballot Vote.  Sel. Ferguson said he supported this request to allow the Committee to have a free and clear opportunity to address the voters.  However, he said he would not support any motion to schedule other Special Town Meetings should this effort fail in April.  Ms. Kelly said that as a member of the School Building Committee, this is a one-time proposal, which is why the Committee asked for a separate Special Town Meeting and Ballot election.

12. Executive Session

Sel. Ferguson said he was uncomfortable with approving the minutes in Executive Session and would like to approve them in open session.

Chairman Renzoni said that there were no shenanigans to reviewing these minutes in Executive Session.  There is privileged information pertaining to litigation in some of the minutes that can only be discussed in Executive Session.  

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ENTER INTO EXECUTIVE SESSION AT 8:40PM TO REVIEW MINUTES FROM PRIOR EXECUTIVE SESSIONS TO DETERMINE WHETHER PORTIONS OF THE MINUTES SHOULD BE RELEASED.  ROLL CALL:  RENZONI: YES; FERGUSON: YES; LAVIGNE: YES; JUMONVILLE: YES.

13. Adjournment

Motion by Sel. Jumonville, seconded by Sel. Lavigne, it was VOTED 4-0 TO ADJOURN THE JANUARY 7, 2013 MEETING AT 9:51PM.

APPROVED:__January 22, 2013_____