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03/04/2013

HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
MARCH 4, 2013

6:30PM                                                                                  Memorial Hall

Present:        
Chairman Anthony Renzoni, James Jumonville, Mark Ferguson,
Kenneth Lipka, Robert Lavigne (arrived 6:34PM)

Others Present: 
Jacquie Kelly, Town Manager
Elizabeth Helder, Recording Secretary
Stephen F. Madaus, Town Counsel (arrived 6:44PM)

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

Selectman Lavigne arrived at 6:34PM.

1.  Rep. Kim Ferguson and Sen. Harriette Chandler

Rep. Ferguson reported that the new legislative session began on 1/1/2013.  Over 5000 bills have been filed since this date.  The House is developing its budget; debate will begin in April.  The Senate will debate the budget in May.  Governor Patrick’s budget includes a $2 billion increase in revenue through tax increases (up 7% from last year’s budget).  Rep. Ferguson and Sen. Chandler said they would like to receive feedback from the Select Board about their priorities.   Sel. Jumonville asked which tax proposals the Senate will pursue.   Ms. Chandler said the Senate has not begun discussion/debate on this subject yet. That’s why feedback and concerns from their districts is so important to them.  Sel. Ferguson said he felt jobs were important.  He said he felt 2 billion in tax increases was “absurd” and was against any tax increases.  He added that he supported the proposed cut in the sales tax.  He said that EBT card fraud and abuse was important to curb because it was essentially stealing from the State.  A welfare fraud investigation should be implemented.  Sen. Chandler said reforms to the welfare system that were implemented last year will be reviewed again this year and EBT cards were on the table.  She asked for suggestions how to do better.  Rep. Ferguson said that small changes have been made towards making changes to the welfare system but agreed that she would like to see more done.  Sel. Lavigne inquired about Ch. 70 funding and how it pertains to support for education within the District.  Rep. Ferguson said she was sensitive to the region’s transportation funding.  She said her goal was to get the funding to 80%.  She acknowledged that it wasn’t 100% but that it was more than the current 50% reimbursement.  Sen. Chandler asked the Town to submit projects for the Transportation Bond Bill.  This could include a traffic study along the 122A/Main Street corridor.  Chairman Renzoni said transportation reimbursement was very important to the District.  Sel. Ferguson said that 100% of lottery money should be refunded to the towns in a timely manner.  Sel. Lipka asked about a possible tax increase at the gas pumps.  Sen. Chandler said she was unwilling to implement more tax on gasoline.  She also said that the toll booth system would be changed to mimic the non-stop transponder lane at the Hampton, NH tolls.  Chairman Renzoni said he was unhappy that the government was taking pictures of those who break the law at the tolls.  Sel. Lipka said he wanted to see government grow smaller not larger.  He feared that changes to the toll system would transfer work from the tolls somewhere else.  Chairman Renzoni asked about the Transgender Bill that recently passed.  He asked how this would affect the educational system.  He said he had concerns about the implementation of this new law regarding locker room and bathroom usage for these individuals.  It is a consequence of the law that will affect all students.  There are guidelines that schools can use to implementation of the law.  Rep. Ferguson said the new law will also affect any new school building project and she will call the Mountview School Building Chairman to discuss the matter.  Sen. Chandler said that every effort should be made to accommodate these children who have far more problems than bathroom use.  She said there are far fewer of these individuals than you think.  Sel. Ferguson said he hoped the State would contribute payment towards providing this type of accessibility.  The Board thanked Ms. Ferguson and Ms. Chandler for keeping the lines of communication open.

2.  Citizens’ Address

Mr. Ed Meyer, Fort Sumter Drive, spoke about the Board’s decision to hold the State Primary and annual election on the same day to save the town money.  Mr. Meyer expressed his disappointment that the Chairman did not include discussion on including the ballot vote for the Mountview School Building debt exclusion in this combined election to help save the taxpayers more money.

Mr. Meyer also addressed rule #3 under Citizens’ Address Guidelines.  He said he was unhappy with the answer that was provided to him for a definition of the rule.

3.  Hats Off Award – DPW Snow Plowing

The Board expressed their gratitude to the crew at the DPW for all their hard work plowing the streets and keeping the residents of Holden safe during the winter months.

4.  Chief George Sherrill – State Police Academy Training Officer

Chief Sherrill presented Officer Joslyn for his work performing as a training officer at the State Police Academy.  State Police Commandant McCarthy spoke highly of Officer Joslyn’s work during the training session.  He added that Officer Joslyn actually saved the life of one of the cadets when the cadet was choking and Officer Joslyn performed the Heimlich Maneuver saving his life.

5.  Joseph Sullivan, Coordinator – Regional Revenue Sharing Task Force Committee

Mr. Joe Sullivan said he was the facilitator and non-voting member of the Regional Revenue Sharing Task Force, a coalition of 5 School Committee members and 5 members from the District Towns (one from each town).

The group began meeting in September 2012 and is subject to the open meeting law.  Mr. Sullivan provided a history of the creation of the Wachusett Regional School District and the wealth-based per capita formula to determine the regional school budget.  Communicate, communicate, communicate is the goal of the District Administration and is being led by Interim Superintendent Anthony Gasbarro and Joe Scanlon, the new Business Manager.  Mr. Sullivan said that no magic potion/formula has been identified but the group is talking with each other and not at each other.  They are learning how each town’s budget process works.  Additionally, the group is going to study the minimum local contribution formula and how it works.  The Committee’s next meeting is scheduled for March 12 at 7PM at the Senior Center.  The Committee’s next step will be to study other regional towns and their financial dynamic situations to see how they work. Sel. Ferguson said that he felt that the District Budget should not include 30 SmartPhones and 19 Custodians.  He said he would forward specific references to information included in the Committee’s meeting minutes to Mr. Sullivan.  He said he felt that Paxton and Rutland will not be able to make their Minimum Contribution this fiscal year.  He felt the Committee was going off track.  Sel. Lipka called for a point of order and asked Sel. Ferguson to stay on point.  Chairman Renzoni called for a point of order.  Chairman Renzoni encouraged any resident to attend a Committee meeting to address their questions and concerns directly to the Committee.  Sel. Lipka thanked Mr. Sullivan for providing the scope of the Committee’s work to date.  Chairman Renzoni invited Mr. Sullivan back for a future meeting to provide an update on the Committee’s work.

Sel. Jumonville left the meeting at 7:47PM.

6.  Update from WRSD School Committee

Chairman Renzoni asked all present to be courteous and respectful.  If not, they could leave the meeting.  No one left the meeting.
Chairman Renzoni invited WRSD School Committee Chairman Duncan Leith and School Committee members Margaret Watson, Stacy Jackson and Deidre Kosky to the podium.

Sel. Jumonville returned to the meeting at 7:49PM

Duncan said new Business Manager, Joe Scanlon, has jumped into the job and is a welcome member of the Administration.  Mr. Leith read a statement from School Committee Representative Steve Hammond.  Mr. Hammond’s comments centered on the search for a new Superintendent and revisions to the Regional Agreement based on comments and input from District Towns.  Mr. Leith said the School Committee is recommending that the size of school committee be reduced to 12 members; 4 will be from Holden with weighted voting rights.  This reduction will be phased in over 3 years due to election terms.  Additionally, the Regional Agreement Sub-Committee is considering changing when the Agreement can be opened from every 5 years to every 3 years.  These changes will be submitted as individual warrant articles at the Annual Town Meeting.  Chairman Renzoni thanked Mr. Leith.  All of the Town’s concerns seem to have been heard and addressed.  Mr. Hammond’s statement also covered work performed during the surveys and meetings conducted regarding a search for a new District Superintendent.  Areas of interest from the District community include fiscal responsibility and trust.    Mr. Leith addressed the School Committee’s decision not to pursue a forensic fiscal audit of the District budget.  Mr. Leith said that a forensic audit implies misuse or criminal activity of the funds.  He explained that the District’s financial troubles stemmed from an accounting mistake by the former Business Manager, who was fired.    

Sel. Renzoni said the Board intended to vote whether to ask the state to conduct an audit of the WRSD budget.  He said the Town gave money to the District in good faith and deserves an answer as to where the money went.  He said that he was also encouraged by the WRSDSC efforts to strengthen the language in the Regional Agreement to improve communication/access to documents to the regional towns.  Mr. Leith said that former Superintendent Pandiscio was conducting the remaining 5 contract negotiations because the Interim Superintendent does not have any experience in conducting union negotiations.

Ms. Jackson addressed the Select Board’s concern regarding the new Transgender Act.  She said the School Committee is aware of this new law and voted to remand the issue to the District’s Educational Subcommittee for further study.  Preliminary budget discussion indicate total expenditures of 3.49% and  0.07% for an overall increase.

Sel. Lavigne said the SC had promised that an audit would be conducted and now it will not happen.  The Town needs to know where the money was spent.  The Powers and Sullivan audit did not explain where 1.2M went.  SC member Margaret Watson said the former business Manager omitted a line item from the MUNIS system when creating his own budget.  This line item was not caught for 8 months until the budget was reconciled at the end of the budget cycle which resulted in the 1.2M mistake.  She said there was no missing money.  Nothing illegal was done.  A forensic audit would not show any new information and will cost money which will result in teachers being laid off.  

Sel. Lavigne disagreed with Ms. Watson’s analogy.  He said there were light-years of difference between a full forensic audit and an audit to show where the money went.  Mr. Leith said Powers and Sullivan answered those questions.  Sel. Lavigne said he understands the root cause of the problem; he just wants to know what the 1.2M was spent on.  Mr. Leith said that a copy of the Powers and Sullivan audit was emailed to the Town.

Ms. Kelly will forward the results of the audit to Sel. Lavigne.  Ms. Kosky said while she respects the work of Mr. Leith, she feels a forensic audit should be conducted.  Why didn’t Powers and Sullivan catch the mistake for eight months?  She commended the Board for seeking a forensic audit of the District Budget.

Ms. Jackson said she couldn’t explain where the money went or explain it to her constituents.  She fully agreed that forensic audit should be conducted to reassure people about the money.  Until then, the School Committee does not have any credibility.

Chairman Renzoni thanked the SC members for attending the meeting and for listening and acting on the Town’s concerns regarding changes to the Regional Agreement.
Sel. Ferguson asked why Business Manager Joe Scanlon was not handling the five outstanding union contract negotiations.  Mr. Leith said that the District Business Manager has never been involved in contract negotiations.  Ms. Watson added that most Superintendents do not even conduct contract negotiations and hire a lawyer to do this.  She said that Dr. Pandiscio has the skills to negotiate and has seven successful years of negotiations for the District.  She added that it was far cheaper to hire him than hire a lawyer.

7.  Vote to Request State Auditor’s Office to Conduct Audit of WRSD

Sel. Lavigne walked the Board through the process to make the request to request the State Auditor’s office conduct an audit of the WRSD.  He said there might be a small cost associated with the request.  Additionally, it will weigh in favor of the Town if the Board is unanimous in the request.  Sel. Jumonville said it was a great idea and suggested looking into splitting any cost associated with the request with the other district towns.  Town Counsel said that if the State were to approve the request, they would provide a cost estimate of the audit.  Ms. Kelly said the State will review and screen the request and then determine if they will pursue the request.

Motion by Sel. Lavigne, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO DIRECT THE TOWN MANAGER TO REQUEST THE STATE AUDITOR CONDUCT AN AUDIT OF THE WRSD FY12 BUDGET.

8.  Vote on Water-Sewer Rate Structure

Water Sewer Superintendent Mark Elbag presented water and sewer rate modification alternatives to the Board.

The Board reviewed the alternatives.  Ms. Kelly said she had received a list of questions regarding water commodity from Sel. Jumonville on 3/4/13.  She said she did not have answers to these questions based on the lateness of their submission.

Sel. Jumonville said he supported Water Rate Option 4: a 20% reduction in the monthly fixed fees along with a 33% increase in water use rates.  After review of the options, Sel. Lavigne said any decrease to the fixed fees will result in an increase to 50% to water customers.  The Manager said that by lowering the fixed costs and depending more on water consumption, the Town takes on a higher risk that the money will not be generated.  Sel. Lipka said lowering the fixed fee will degrade the system and are setting the Town up to fail.  He said he was not in favor of changing the rate structure.
Sel. Ferguson said the $23.09 fixed fee has done its job and while the Fund is healthy, it is an unknown amount.

Ms. Kelly disagreed and said she knew the amount but did not have the exact amount in front of her.  She added that the reserve amount was a small amount for a long-term plan for upgrades/repairs to the water/sewer infrastructure.  The Town is not in the business to make a profit on the account.

Sel. Ferguson asked how much it costs to pump and deliver water to Holden’s customers.  He said he would like to reduce the fixed fee to $12/month and provide relief to widowers and older residents.  

Sel. Lavigne said the current water rate structure has been in place less than one year.  It has been endorsed by the Finance Committee, the Town Manager, and the Water/Sewer Advisory Board.  He said that what he has not heard and what he is looking for is why is it ok to raise rates for higher end users to benefit lower end users.  He said the Board did not know user demographics.  The previous water use rate model failed and lower end users were paying in the end because the Town repeatedly had to go before Town Meeting to authorize money to bail the Water Enterprise fund out of debt.

Sel. Ferguson and Sel. Lavigne had a difference of opinion on which demographic makes up lower end users.  The Chairman called for a point of order.

Sel. Lipka said an engineering firm that the town hired and respects recommended the current water rate structure to meet all the town’s needs.  

Chairman Renzoni said that while he agreed with Sel. Ferguson that there has to be a better way to operate the water enterprise fund, it will not be achieved with Option 4.

Ms. Kelly said the Board asked for water rate options.  The Board will be required to hold a public hearing about making any changes to the water rate structure.  

Motion by Sel. Jumonville, seconded by Sel. Ferguson, it was VOTED 2-3 WITH 3 OPPOSEDTO CHANGE THE WATER RATE STRUCTURE TO OPTION 4 AND INCLUDE A 20% REDUCTION TO THE FIXED FEE ALONG WITH A 33% INCREASE IN WATER USE RATES AS PRESENTED BY THE ADMINISTRATION.  (OPPOSED: LAVIGNE, RENZONI, LIPKA.)

The motion failed.

Sel. Ferguson said that if he was going to participate in Executive Session it would need to be now because he needed to leave to go to work.

9.  Motion to Enter Executive Session

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was  VOTED 4-1 WITH 1 OPPOSED TO ENTER INTO EXECUTIVE SESSION AT 9:32PM TO DISCUSS STRATEGY WITH RESPECT TO LITIGATION, IF AN OPEN MEETING MAY HAVE A DETRIMENTAL EFFECT ON THE GOVERNMENT’S LITIGATING POSITION, AND THE CHAIR SO DECLARES.  (OPPOSED: FERGUSON.)

The Board returned to the open meeting at 10:03PM.

Sel. Ferguson left the meeting at 10:03PM.

10. Selectmen Licenses

Motion by Sel. Jumonville, seconded by Sel. Lipka, it was VOTED 3-0 TO APPROVE THE REAPPOINTMENT OF BONNIE PRESCOT TO THE BOARD OF REGISTRARS OF VOTERS TO A THREE YEAR TERM EXPIRING MARCH 31, 2016 AS RECOMMENDED BY THE ADMINISTRATION.

Sel. Lavigne returned to the meeting at 10:04PM.

11.  Town Manager’s Miscellaneous

  • The Selectmen reviewed two amended pages for insertion into their copies of the FY14 Operating Budget.  Additionally, they reviewed a revised meeting schedule for the Finance Committee.
  • The Board reviewed a Year-To-Date Revenue and Expenditure Report for the period ending January 2013 as prepared by Lori Rose, Town Accountant.
  • Ms. Kelly reported that on Tuesday, February 25, 2013, the Mountview School Building Committee considered the request to move the date of the Mountview Special Election and voted not to recommend that the date be changed.  The Committee also discussed reimbursing the Town Clerk with Feasibility Study Funds for the cost of the Special Town Meeting and/or Election.  The Committee agreed that they were willing to reimburse the Town if the Feasibility Study Agreement permits this type of expense.  Town Counsel is currently reviewing the situation to render an opinion of the use of these funds for this purpose.
  • Town Manager Kelly reminded the Board that on September 4, 2012, they voted to allow the expenditure of funds from various gift accounts up to $5000 in the aggregate, without further vote from the Board.  The Board reviewed a spreadsheet showing expenditures made and the purpose of the expense from the Help at HOME Fund.  All payments have been processed in accordance with the purposes of the fund and consistent with the guidelines set up by the Council on Aging.  Most of the expenditures are seasonal – fuel assistance or electric bills.  Ms. Kelly advised the Board that expenditures from this Fund are exceeding $5,000.  She requested that the Selectmen vote to allow the continuation of providing assistance to needy families above the $5,000 threshold.
Motion by Sel. Jumonville, seconded by Sel. Lavigne,  it was VOTED 4-0 THAT PURSUANT TO MGL C. 44 SECTION 53A THAT THE BOARD OF SELECTMENT HEREBY AUTHORIZE THE TOWN MANAGER TO ACCEPT AND EXPEND GIFTS AND GRANTS OVER $5000 RECEIVED BY VARIOUS DEPARTMENTS IN ACCORDANCE WITH THE STATED PURPOSE OF GIFT OR GRANT.

  • Mexicali Fresh Mex Grill will hold its grand opening on Monday, March 11th at 5PM.  Sel. Lipka will attend.
  • Ms. Kelly informed the Board that after review, Town Counsel has determined that an information factual flyer for the Mountview School Building Project may not be mailed home through the HMLD bills.  The flyer will be distributed through Town Buildings and businesses.  Additionally a private group may pay to mail the flyer to residents.
12.  Selectmen Subcommittees

Sel. Lipka: Affordable Housing: Have not met.
Municipal Electric Advisory: Have not met.
Sel. Jumonville: Memorial Day Parade:  Next meeting is March 13th at 7PM at Town Hall. The Manager reported that letters to local businesses to solicit donations had been sent out.
Sel. Lavigne: EDC: Working on streamlining the town permitting process.
Sel. Ferguson: Not currently serving on a subcommittee.
Sel. Renzoni: Water/Sewer Advisory Board: Have not met.

13.  Acceptance of Minutes

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE JOINT MEETING MINUTES WITH THE MOUNTVIEW SCHOOL BUILDING COMMITTEE AND THE FINANCE COMMITTEE ON FEBRUARY 11, 2013 AS PRESENTED.

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE MEETING MINUTES ON FEBRUARY 25, 2013 AS PRESENTED.

14. Selectmen Miscellaneous

Sel. Ferguson: 1. Ms. Kelly said that Sel. Ferguson had asked for an update on the status of the natural gas conversion project at the Starbard Building.

15.  Follow Up to Citizens’ Address

Selectmen will review the guidelines of Citizens’ Address.  They agreed that the use of names is frowned upon and all are asked to refrain from the use of names during Citizens’ Address.

16.  Adjournment

Motion by Sel. Lavigne, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO ADJOURN THE MARCH 4, 2013 MEETING AT 10:16PM.


APPROVED: March 18, 2013 (as amended)