HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
MARCH 3, 2014
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
Stephen Madaus, Town Counsel
Elizabeth Helder, Recording Secretary
Chairman Lavigne opened the meeting at 6:30PM. The Board participated in the Pledge of Allegiance. He reminded those in the audience that assisted listening devices are available.
- Licenses – Appointments – Permits
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE THE REAPPOINTMENT OF S. JANE ARNTZ AS A MEMBER OF THE BOARD OF REGISTRARS OF VOTERS TO A THREE YEAR TERM EXPIRING 3/31/17.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO APPROVE A PARADE PERMIT TO MEAGHAN BUTMAN ON BEHALF OF JOSEPH’S PROJECT FOR A 5K ON MARCH 15, 2014 FROM 10AM-2PM PENDING APPROVAL OF THE FIRE AND POLICE DEPARTMENTS.
The Board discussed the reappointment of Daniel Gately as a constable in town. Mr. Gately has served as a constable for six years. Sel. Renzoni noted that Mr. Gately had paid the town his constable fees based on his earnings in town and was in good standing with the town.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO REAPPOINT DANIEL GATELY TO A THREE YEAR TERM AS CONSTABLE.
- Waive Building Permit Fees for Mountview School Building Project
Ms. Kelly requested that the Board vote to waive the building permit fees associated with the Mountview School Building Project. She said the Board has waived these building permit fees for other building projects in town in the past. She added that the MSBA does not reimburse the project for these fees and the town will have to pay for these fees by borrowing the money. Sel. Lipka inquired about the total cost of the fees. Ms. Kelly said the building permit fees were $80,000.
Sel. Ferguson said that he disagreed with the practice of having the Board waive these fees. He said that while he was not anti-children/anti-education, nothing is free. These permit fees cost the town money and it will cost money to conduct inspections. The Board would knowingly and willingly be running the budget into the red by waiving the fees. You have to pay for the services you get and the ratepayers should not have to subsidize the taxpayers. The town should not have the power over the people.
Sel. Renzoni asked if the project pays the fee and borrows the money, would it have to pay interest on the money.
Ms. Kelly said yes interest would be paid toward the borrowed money. She clarified that the request was to waive the building permit fees. Building inspectors will still be paid on a fee basis for the work they perform on the project. She added that Dennis Lipka, The Growth Management Director and Building Inspector is a salaried position.
Sel. Ferguson questioned how Sel. Lipka could participate in the vote that would negatively affect his brother, the Growth Management Director. Isn’t this a conflict of interest? Sel. Lipka replied that he does not take his brother into consideration when voting on town business.
Motion by Sel. Renzoni, seconded by Sel. Kurtz, it was VOTED 4-1 WITH 1 OPPOSED THAT THE BOARD OF SELECTMEN WAIVE THE BUILDING PERMIT FEES FOR THE MOUNTVIEW SCHOOL BUILDING PROJECT AS PRESENTED. (OPPOSED: FERGUSON.)
Sel. Lavigne: Winter Festival Committee: Has not met. Will start meeting again in April.
Sel. Renzoni: Water/Sewer:
Veteran’s Committee: Meeting on March 6 at 7PM to organize.
Sel. Lipka: Municipal Light Department Advisory Board: Has not met.
Affordable Housing: Has not met.
Sel. Ferguson: Not currently serving on a Committee.
Sel. Kurtz: EDC: Will meet on 3/10 at 5PM. Sel. Kurtz assured Sel. Ferguson that the cable service project is on track at the Industrial Park.
Memorial Day Parade: Parade is in good shape for May 2014. Entire Spirit of America Band will perform at this year’s parade.
- Approval of Previous Minutes
Sel. Renzoni said he had not had time to review the previous meeting minutes submitted in the packet. He asked if approval of the minutes could be continued to the next meeting. The board agreed to schedule discussion of the minutes for March 17, 2014.
- Update on Revenue from Constables
The Manager informed the Board that on December 4, 2013, Sharon Lowder, Town Treasurer/Collector sent out letters to six individuals who served as Constables during 2013. The letters informed them that according to the provisions of MGL. Chapter 41, Section 95A, Constables were required to return 25% of all fees collected for the service of civil process to the Town Treasurer. The Town requested that they respond by January 31, 2014. According to Ms. Lowder, two constables reported that they had not served in that capacity in Holden in 2013 so they reported ‘0’ fees; two constables reported fees of $60 and $12.50 respectively for a total of $72.50. Appointments of two of the six individuals have lapsed and they have not applied to be reappointed. One of these individuals reported zero earnings for
2013. The two constables whose terms expired in 2013 did not respond to the letter.
There are currently four active constables serving in town. Ms. Lowder will send a follow up letter and report their responses at a future date.
The Board reviewed an advisory memo regarding the Selectmen’s question of whether they had the power to revoke the appointment of a Constable.
The Board discussed if they should establish a policy regarding the appointment and management of constables in town. Mr. Madaus said that if the board wanted the power to revoke a constable appointment they must first create a policy.
The Board agreed to discuss a draft policy at the next meeting as a scheduled agenda item.
- Town Manager Miscellaneous
- The Board reviewed the Revenue and Expenditure Reports for the months of December 2013 and January 2014 as prepared by Town Accountant Lori Rose.
- Ms. Kelly shared a memorandum from Sharon Lowder, Town Treasurer/Collector explaining that the online payment system, UniPay Gold, has been upgraded to accept donations from individuals who may wish to make contributions to Town fundraisers. A link will be established on the Town’s Web site and a notice will be advertised in the media and on Facebook. A notice will also be included in the next cycle of HMLD bills. Donations can be made online for Help at HOME, Holden 250th Committee, Memorial Day Parade, and Winter Festival.
The Board interrupted Town Manager Miscellaneous to proceed with Citizens’ Address.
Mr. Ed Meyer, Fort Sumter Drive, addressed the Board to praise the efforts of Sel. Mark Ferguson and his efforts to fight for taxpayers in town. Chairman Lavigne reminded Mr. Meyer that Citizens’ Address is not the platform to single out a member or members of the Board for good or bad purposes. Mr. Meyer said that the taxpayers need to know when a Selectman is working for them. He also said that taxpayers also deserve to know when a Selectman has failed them and deserves to be censored. Mr. Meyer discussed unaccounted for water.
- Town Manager Miscellaneous (reopened)
- The Board reviewed material from Town Counsel in response to the allegations and comments made during Citizens’ Address on January 27, 2014 regarding a Chapter 61A release acted upon November 25, 2013. Ms. Kelly said, as she stated at the Board’s last meeting, the Selectmen acted appropriately and consistent with the requirements of MGL. Chapter 61A relative to the Princeton Street land. The packet of documents presented to the Board was complete and was submitted to the required boards and commissions – Selectmen, Planning Board, Conservation Commission and Board of Assessors. The hearing held on November 25, 2013 was properly held and duly noticed. Two individuals spoke at the meeting; a member of the Agricultural Commission and the listing agent/attorney’s assistant for the Sellers of the property.
No concerns were raised at the public hearing nor did the subject of assigning the option to a third-party come up. In addition, the minutes reflect that the Selectmen were advised of and were aware of the nature of the matter before them and the vote taken (4-0-1 with 1 abstention) was a valid waiver of the Town’s right of first refusal to purchase or to assign the right of first refusal to a qualified entity.
Sel. Ferguson asked how much Town Counsel charged for this legal opinion. Ms. Kelly said that the Board asked for the legal opinion. It was a legal service out of the town’s monthly five thousand dollar retainer. Sel. Renzoni suggested that any financial questions be submitted to the Town Manager prior to a meeting, adding that she was being blindsided by the questions.
Sel. Ferguson said that the Selectmen were not only asking the administration to comply with the law but to make the extra effort to reach out to conservation agencies/open space groups and make personal contact with them about the release of Ch. 61A land in town.
Ms. Kelly said that the Board’s policy has been to contact White Oak Conservation only. It has not contacted other groups/outside agencies in the past. She said she suggested to the Agricultural Commission that they become more actively involved in this process instead of putting the onus on the Administration. She said the Agricultural Commission has expressed interest in this process and that she hoped the appointment of Sel. Lipka to the Agricultural Commission would help to create a policy to aid in this process in the future.
Sel. Renzoni said that the entire board is interested in the preservation of open space and hoped to fine-tune the process.
- Ms. Kelly announced that the town had received civil service notification from the Assessment Center regarding the open position of Police Chief. She reported that three qualified candidates from the Holden Police Department took part in the Assessment Center and were ranked according to their test results. Ms. Kelly said that she was pleased to announce that Lt. David Armstrong had been ranked as the number one candidate and that she had extended an offer to him as the next Chief of Police in Holden. She said that the promotion of Lt. Armstrong would create the opportunity for other promotions within the department. Ms. Kelly said that Detective Chris Carey had been promoted to the position of Lieutenant and Officer Adam Porcaro had been promoted to the position of Sergeant. A swearing-in ceremony for these three officers
has been scheduled for March 10, 2014 at 6PM at the Public Safety Building. Chairman Lavigne requested that the Manager schedule Chief Armstrong on the agenda at the next Board meeting. Sel. Ferguson inquired how much the town paid to hire the consultant to conduct the Assessment Center. Ms. Kelly replied that the town paid $6000 in consulting fees; there was no cost to the participants. Sel. Ferguson said that in his opinion he felt the town should have a policy in place when hiring through the civil service program in the future.
Sel. Lavigne: 1. Reported that the Candidates’ Workshop that he and Sel. Renzoni recently held was well attended.
Sel. Ferguson: 1. Reopened a previous discussion that he feels the town is making a mistake by not purchasing DPW vehicles in the color of safety yellow. He said it was important that these trucks need to be seen around town for public safety reasons. He felt that the extra costs associated with painting these trucks yellow was money well spent. He asked for support from the remainder of the Board. No other Board member spoke in support of Sel. Ferguson’s suggestion.
Sel. Kurtz: 1. Asked if the DPW was working on a plan for the remainder of the unaccounted for water leaks, referencing a memo from the DPW. Ms. Kelly stated that all of the leaks except two have been repaired. The remaining two leaks will be repaired when the snow melts and the ground thaws.
- Follow up to Citizens’ Address
Sel. Renzoni thanked any concerned citizen who came forward to discuss an item during Citizens’ Address. He said that the current rate structure was created to resolve serious failures in the water/sewer rate system. He said the current plan for water/sewer is to stabilize the account, create improvements to the infrastructure, and surgically detect and repair leaks in the system. The current budget will allow for some upgrades to the system this year while not increasing rates in the upcoming budget.
Chairman Lavigne responded that Mr. Meyer’s comments regarding being denied meetings with the Chairman and Town Department Heads were untrue. He said he had offered to meet with Mr. Meyer who declined the offer.
Sel. Ferguson said that his attempts to raise concerns about unaccounted for water in town was to have a police officer assigned to Board meetings. Chairman Lavigne said that Sel. Ferguson’s statement was a lie.
Sel. Ferguson continued to argue water rates and correcting unaccounted for water under the town’s poor business model.
Chairman Lavigne gaveled Sel. Ferguson calling him out of order. Sel. Ferguson continued to speak over the gavel.
Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-1 WITH 1 OPPOSED TO TAKE A 5 MINUTE RECESS AT 7:35PM. (OPPOSED: FERGUSON.)
The Board returned to open meeting at 7:43PM.
Sel. Ferguson continued to argue that the town is paying $25/cubic foot of water and not fixing leaks in town. He said the solution to fixing water problems was to hire a policeman at Board meetings.
Sel. Renzoni commented that Sel. Ferguson was having his friends come to speak during Citizens’ Address to allow Sel. Ferguson to hijack meetings.
Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO ADJOURN THE MARCH 3, 2014 MEETING AT 7:50PM.
Approved: ___April 7, 2014 as amended__________
| 
