SELECT BOARD MINUTES FOR MEETING
Tuesday September 15, 2015 7 pm
Holland Town Hall
27 Sturbridge Road
Holland, MA
Present: Lawrence Mandell, Chair
Elias Gillen, Member
Andrew Harhay, Member
Kelli Robbins, Executive Secretary
Mr. Mandell called the meeting to order at 7:02 pm
Motion 091515-1 - Mr. Mandell, waive the reading of the minutes, accepted as written for September 1, 2015. 2nd Mr. Gillen. All in favor.
Old Business:
Tax title property update – Mr. Mandell stated that there has been a committee formed to review the property currently being held by the Town. The committee has met twice this far. Mr. Mandell stated the Town has lost approximately half a million dollars in revenue over the years being in the Town’s hands as opposed to being held by private citizens. The new accountant, Amy De La Roche, gave some good advice and direction. Mr. Mandell stated this would be a long term project with a goal getting the property out of the Town’s possession approximately October of 2016. Mr. Mandell stated he would like to have an auction. Mr. Mandell stated that as the project continues to move forward he would continue to give updates.
Indemnification – Mr. Mandell explained that because MIIA would not cover our current lawsuit, he reached out to two other companies to compare or at least find out if the town has any options for different coverage. Mr. Mandell stated that is taking longer than he thought it would. Mr. Gillen reiterated that this is in addition to G.L. c. 258, § 13. Mr. Mandell affirmed and explained that the adoption of the general law would shorten the case time and save the town money.
Emergency Management Director – Mr. Mandell explained that the position defaults to the chief executive officer when there is no other appointment. Mr. Mandell has begun working with MEMA and attended a meeting last week. Mr. Mandell will be looking into grants, even small ones here and there add up.
Motion 091515-2 – Mr. Mandell to make Mr. Harhay Procurement Officer. 2nd Mr. Gillen.
Discussion: Mr. Harhay stated that he is aware of the responsibilities for procurement. Mr. Harhay will be discussing what the town accountant and the auditor expect and would like to see in relation to procurement procedures. This communication may result in possible policies in the future. Mr. Mandell stated that with Mr. Harhay’s experience on the Finance Committee he will bring a lot to the table.
So voted. Mr. Harhay abstained.
New Business:
Insurance limit for Police and Fire departments – Mr. Mandell explained that Police Department employees and Fire Department employees are not covered under worker’s compensation. Therefore the cities and towns need additional insurance for their coverage. The current policy has the lower of the optional limits. The insurance company recommended that we up the policy to ensure the town is fully covered. They provided a quote that would change the amounts of the premium from $9,639 for year to $14,073 ($4,434 inc.) for opt 1 or $24,482 ($14,843 inc.) for opt 2. Mr. Mandell stated he would like to coordinate an overall review of insurance policies for the next annual town meeting. We cannot seek an increase now because the budget is set. Mr. Mandell stated that this insurance amount is on the radar for
the future.
Mr. Gillen asked if what Mr. Mandell is saying is that there is not currently enough coverage? Mr. Mandell said no that is not what he is saying. Mr. Gillen asked if he was on either department would he be comfortable with the current amount of coverage? Mr. Gillen stated he would like to do it in a faster timeline. The Town could compare what other towns have for coverage.
Mr. Mandell asked if Mr. Gillen wants to have that conversation with police and fire and get the comparisons. Mr. Harhay asked if there is not enough coverage and there is an accident would the Town then have to pay out? Mr. Gillen said he could have that conversation.
Legal Announcements –
- Dana Manning v Sharon Ashleigh, Town Clerk, et als. Recent bill for services is $2,760 totally over $12,000 thus far. No follow up yet, from MIIA on our request for reconsideration on coverage for this suit.
- Planning Board review cost is $840.00
- Cost for reviewing Seaboard Solar contract is $390.00
Mr. Mandell stated that since Mr. Gillen brought up Seaboard Solar, he wanted to say a few things. At the last meeting, which Dave Thomas from Seaboard Solar attended, there was a promise made by Mr. Thomas to get us the correct contract. Seaboard sent the same contract it sent the Town previously. That is the third time they have sent us a contract and it was wrong. Mr. Mandell stated that he is not confident with the professional ability. Mr. Mandell stated that although he is comfortable with the concept of net metering credits he is not comfortable working with Seaboard. There are other companies out there. Mr. Harhay stated that at the last meeting Mr. Thomas said that West Brookfield had signed their contract for net metering credits. Mr. Harhay checked with West Brookfield; they have not signed a contract
with Seaboard Solar as of this date.
Announcements:
Mr. Mandell read a letter from Jonathan Kristoff to the Town thanking the Holland PD and EMT’s that responded to his emergency. Because of their quick response Mr. Kristoff was able to receive the medical attention he needed in a timely fashion to make a full recovery.
Mr. Mandell stated that the Green Energy Grant final narrative was accepted and the Town has been reimbursed in the amount of $35,812.50 allowing us to pay off the loan used to partially fund the project at the school. Mr. Mandell also stated that it is nice to see the fruits of our labor rewarded.
Mr. Mandell explained that it was determined that the grant for Over the Top Road, in the amount of $88,200, will not be sufficient for the drainage improvements. After a meeting between the Highway department and Christopher Dunphy of PVPC, where they worked together to describe the project in greater depth, Mr. Dunphy lobbied the DHCD (Department of Housing and Community Development) for additional funds. An additional $68,875 has been agreed to by DHCD. There remains some additional steps on the part of DHCD to put the funds in place and structure a contract with the town.
Mr. Mandell discussed his attendance at the Holland Congregational Church 250th celebration. Mr. Mandell said it is good to see a congregation thriving in an era of attacks on beliefs.
Draw down of Hamilton Reservoir - Conservation would like the draw down for Hamilton reservoir to begin on October 13th at 2 inches per day for a total of 24 inches down. The lake must stay that low until there has been a deep freeze for one month. Mr. Harhay asked if it would be a problem waiting to vote on the draw down until the October 6th meeting. Ms. McCooe stated that it would not as long as the highway department is aware. Mr. Mandell asked if Ms. McCooe needed the Select Board to contact the highway department. Mr. Gillen stated that the Select Board would make sure that the highway department would know in advance. Mr. Mandell stated that the Select Board would formalize the drawdown at the next meeting on October 6th.
Mr. Gillen explained that he has been exploring the repair of the South Boat ramp. Mr. Gillen spoke with the highway surveyor who is willing to do the work if it is funded. Mr. Gillen stated that there is a glitch however. New information has come to light that the Town may not own the South Boat ramp. Since there is a title question the Town needs to discover who owns the property before any work can be completed. Mr. Harhay stated that he believes the optimum time to do the repairs would be during the draw down period. Mr. Gillen stated that he felt the time to do it is now, before the boats are taken out to prevent further damage to the ramp. A more thorough repair can be done during the draw down period. Mr. Gillen asked if a title search can be done on the property. Mr.
Mandell stated that there is money in the Select Board expense fund they could use or Norcross money.
Motion 091515-3 – Mr. Mandell, contingent upon funding, to have a title search done on the south boat ramp parcel. 2nd Mr. Harhay. All in favor.
Mr. Gillen stated that the quicker we get the title search done the sooner we may have opportunity to repair the ramp. Mr. Harhay asked, “If the parcel is ours and we have the money, is Highway ready to make the repairs?” Mr. Gillen said he would ask.
Public Access
Peter Frei – Mr. Mandell stated that before Mr. Frei begins, Mr. Mandell wants Mr. Frei to know that the current policy for participation is limited to 5 minutes. Mr. Mandell stated that they would not discuss any ongoing lawsuits, ethics issues because those are private and any information needs to come directly from the Ethics Commission and that any specific complaints about a person needs to be in executive session. Mr. Frei began by asking about the insurance refusal and indemnification. Mr. Mandell explained that because the insurance company has refused to cover the last few claims he was reviewing the insurance to see if it could be improved upon.
Mr. Frei asked about an ethics issue to which Mr. Mandell restated that the Select Board was not privy to the information and that any information needed to be sought from the Ethics Commission. Mr. Mandell stated that the Town won’t have any information until and unless the Ethics Commission sends it. He also explained that the Ethics Commission deals with individuals and the information is strictly confidential.
Mr. Frei began to relate a complaint at which time Mr. Mandell cut him off restating that any complaints must be heard in executive session. Mr. Frei claimed that was only because it was him. Mr. Mandell explained that was not the case and a similar situation occurred only a few weeks ago.
Mr. Frei asked why he was not on the agenda, as he put in a written request to be on the agenda. Mr. Mandell explained that it was because the topics he listed were not appropriate for an open meeting as he explained a few minutes ago. Mr. Frei asked why he was not told he would not be on the agenda. Mr. Mandell stated it was because he has the right to attend a meeting and speak in the public access portion.
Mr. Frei began to complain about being treated differently and that he would have been given more time if he had been on the agenda. Mr. Frei stated that the other Boards allowed these topics in the past. Mr. Mandell stated that he is not being treated differently and the policy was in place before this meeting. Mr. Mandell also stated that with new Boards policies evolve. Mr. Mandell then stated that Mr. Frei had been given more than 5 minutes and his time was up
Christine McCooe stated the South Boat ramp was created during the tenure of Selectman Harvey Burke. Ms. McCooe wanted to know why, if it was never an issue in the past, was the ownership an issue now. Mr. Gillen explained that simply because something was not known or acted on in the past does not mean the current Board should compound the error. Mr. Gillen stated that this way, in 20 years from now, another Select Board is not faced with the same issue.
Ms. McCooe asked about the HRA gift money voted at the last meeting to go for a vac truck if it would not be better spent on the South ramp. Mr. Mandell stated that the money has already gone to the vac truck for the 319 culverts.
Mr. Mandell motion to adjourn, seconded Mr. Gillen. All in favor. So voted at 8:36 pm.
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