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11/07/2011
HOLDEN BOARD OF SELECTMEN
MEETING MINUTES
NOVEMBER 7, 2011

6:30PM                                                                                  Memorial Hall

Present:                
Chairman Robert Lavigne, Kenneth O’Brien, Anthony Renzoni,
James Jumonville, Kenneth Lipka

Others Present: 
Nancy Galkowski, 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.

Selectmen Appointments, Licenses and Permits

Chairman Lavigne announced that prior to the meeting the Selectboard interviewed and appointed Mr. Lawrence Kowalczyk to the Holden Historic District Commission to a term expiring December 31, 2012.

Motion by Sel. O’Brien, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO APPROVE A ROAD RACE PERMIT TO MARTY HOLMAN ON BEHALF OF FELLOWSHIP CHURCH FOR A ROAD RACE TO BENEFIT THE WACHUSETT ROOD PANTRY ON THURSDAY, NOVEMBER 24, 2011 FROM 6:30AM – 9:30AM WITH POLICE DETAIL AS RECOMMENDED.

Town Manager’s Miscellaneous

The Town Manager informed the Board that the Town ‘s online payment system Unipay is now accepting VISA credit and debit cards for payment of Tax bills only.  VISA credit card payments for tax bills will be subject to the same convenience fee currently charged for Mastercard and Discover.  VISA debit card payments for tax bills will be charged a fixed rate of $3.95 per transaction.

Town Manager Galkowski informed the Board that on Wednesday, November 9, 2011 at 2PM a nationwide test of the Emergency Alert System would take place.  The test could last up to three minutes.  In the event of a local emergency, notification to residents would be through the Town’s new CodeRed system, a news alert through the Town’s web site, Facebook page, and local radio stations.  As a reminder, residents or family members of residents, who wish to be notified during emergencies should sign up for CodeRed on the Town’s homepage www.holdenma.gov.  Over 300 new subscribers enrolled following the October 30, 2011 snow and power failure event.

The Manager announced the DPW Fall Composting schedule.  Loose grass clippings and leaves will be accepted at the Composting Facility located at 560 River Street (the site of the former landfill) and Brush Chipping will take place at the Adams Road garage.  The dates include Saturday’s, 11, and 19.  Additionally the DPW will be open on Friday, November 11.  Hours of operation are from 8AM – 2:30PM and proof of residency is required.

The Manager reminder the Board that Bailey Road would be closed on Friday, November 11, 2011 for Worcester Railroad to upgrade the railroad crossing at Bailey Road.  The company has indicated that they will replace the railroad ties and begin paving on November 11, 2011 at 6AM.  The road will be closed to through traffic until the afternoon of Monday, November 14, 2011.  As schools will be closed for Veteran’s Day on November 11th, school buses will only have to be rerouted on Monday, November 14th.  Residents should seek alternate routes during the weekend.

Town Manager Galkowski reported that the Town has officially launched the Town of Holden’s Facebook Page.  The page will include the weekly notifications of events sponsored by the Town or of importance to our residents.  The site currently has frequently asked questions for each of the major departments and a variety of photographs of the Town.  Overtime, the Manager said the Town would review the page’s content and adjust it according to the response of the residents.  During emergency situations, the Town will update the page with status reports.  The official site is listed as Town of Holden, 1204 Main Street.  The Manager added that the Facebook Page was researched and developed by an internal Communications Committee consisting of six staff members from several departments.  Steve Gross, from the IT department served as Chairman, and was assisted by Robin Harned-Burke, Town Manager’s office, Lori Rose, Town Accountant, Johanna Adams Police Department, Liz Arguin, Town Clerk’s office, and Dan Hazen, Public Works Department.  The Board and Manager thanked all for their hard work in the creation of the page.
The Manager reported that Friday, November 11, 2011 was Veteran’s Day and all Town offices would be closed.  Chairman Lavigne reported that Sel. Renzoni and five other veterans went to the Davis Hill School today and spoke to the children about what it means to be a veteran.

The Manager announced that flyers would be sent out in the next HMLD billing to request donations for the Help at H.O.M.E. program.  The program has raised over $60,000 and assisted over 90 families since its launch three years ago.  Support comes in many forms including help with fuel oil, utilities, rent, housing, and other household emergencies.  In these tight economic times, it is understandable if citizens are unable to contribute, but it is also a time of great need for many families.  Any support residents can give is truly appreciated.

Town Manager Galkowski reported that the National Prescription Drug Turn In held on Saturday, October 29, 2011 was a great success.  According to Police Chief Sherrill, the Public Safety Building location collected two large boxes of assorted prescription drugs, which were then sent to the Millbury State Police Barracks for destruction.  Due to its success, the program will be held annually.

The Board reviewed Revenue and Expenditure Reports for the period ending September 2011 as prepared by Town Accountant Lori Rose.

Sel. Subcommittees

Sel. O’Brien: MSBC: Met November 1, 2011 and unanimously voted to accept the MSBA’s recommendation of and enrollment of 800 students at the school.  The Board of Selectmen voted to accept the enrollment recommendation at its November 2, 2011 meeting.
Open Space: Have not met.

Sel. Lavigne: PSBC: Met on November 2, 2011 to review punchlist of the new facility and ongoing renovations at the existing fire stations.  Additionally, committee members met with the Selectmen and the Finance Committee to review the results of the energy audit on the new building.  Sel. O’Brien said that Committee members are interested in hiring the services of a professional to manage the buildings’ heating and cooling systems to maximize their output.  Sel. Jumonville said that these services should come under the building’s maintenance budget.  The Manager said that the current maintenance of the building is being handled by the DPW.  She and her staff are currently reviewing the procedural process.  Sel. Renzoni commented that the building was finished well under its 15M borrowing authorization.  The Manager said the remaining borrowing authorization would be rescinded at a future Town Meeting.
EDC: Working on a meeting date.

Sel. Jumonville: Skate Park:
Memorial Day Parade: Next meeting Dec 2011 or Jan. 2012.

Sel. Renzoni: W/S Advisory: Met October 20th.   Sel. O’Brien said he attended the meeting and the W/SAB will have recommendations regarding sewer connection fees to present to the Selectmen at a later date.  The Manager said the W/SAB was allowing Mr. Elbag, the new Water/Sewer Superintendent time to become familiar with his new job.
Master Plan: Will meet in the Fall.

Sel. Lipka: Power Advisory Committee: Budget review will begin in November.
Affordable Housing: Has not met.

Tax Classification Hearing

The Manager read the notice of Public Hearing into record.  Attorney Madaus indicated that the Board should conduct the hearing to the public and then vote to close the hearing.

Principal Assessor Beverly Kenniston presented a Tax Classification hearing for FY2012.  Ms. Kenniston introduced Jim Dillon, a member of the Board of Assessors.

She explained that the Town’s minimum residential factor of 96.75% prevents the Town from shifting the tax burden to its commercial base.  The Town has 5558 single family homes and less than 200 commercial businesses.  The Town currently taxes under a residential factor of “1”.  The 2011 real estate market was flat and sales were down.  Sales were close to their assessed values.  She said that while the Town experienced a small rate of new growth in 2011, she said she did not anticipate it to realistically carry over in 2012.  She recommended FY12 single tax rate of $16.53.  This is an increase of $0.88 from the FY11 tax rate of $15.65.  

Sel. O’Brien inquired about the assessment appeal process.  Ms. Kenniston said the abatement process usually occurs in January.  An application would need to be completed and returned to the Assessor’s office, along with an appraisal or comparable documentation.  He also inquired about the assessment of open space in Town.  Ms. Kenniston said the review process would need to be conducted by the legislation.  Sel. O’Brien said he felt it merited an investigation.  Ms. Kenniston said that property tax exemptions were available to the elderly, handicapped and disabled veterans.  Sel. Jumonville suggested that a flyer should be inserted in the Light Department bills indicating the process

The Chairman asked if anyone from the public wished to speak at the public hearing.

Mr. Gordon McFee, 428 Salisbury Street, said he represented the Chamber of Commerce.  He urged the Board to continue to approve a single tax classification rate for the Town of Holden.  He said as a realtor, the Town of Holden was holding up quite well in the depressed real estate economy.

Motion by Sel. Renzoni, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO CLOSE THE FY12 TAX CLASSIFICATION PUBLIC HEARING AT 7:22PM.

Motion by Sel. Renzoni, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO ADOPT A RESIDENTIAL FACTOR OF ONE THAT RESULTS IN TAXING EACH CLASS OF PROPERTY AT THE SAME RATE AS RECOMMENDED BY THE ADMINISTRATION

Citizens’ Address

No one came forward to address the Board.

Kennel License Public Hearing – Application of Kathleen Solitro, 40 Driftwood Drive

The Manager read the notice of Public Hearing into record.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING AT 7:23PM.

The Board reviewed the application to operate a non-commercial dog kennel for more than four dogs but less than ten dogs at the residence of Kathleen Solitro, 40 Driftwood Drive, Holden, MA.  Ms. Solitro addressed the Board.  She said she would breed the dogs in 2013.  The dogs are housed in a heated 4-season room.  The dogs would be bred once a year and the puppies would immediately sold when old enough.  She said it was not her intention to have 4 or 6 adult dogs on premises.  She said she had a plan to foster the puppies elsewhere at 12 weeks.  

The Board reviewed a summary of the property conducted by Animal Control Officer Michael Sendrowski.  Officer Sendrowski addressed the Board.  He said he conducted a site visit on October 13, 2011.  He said the house and yard were orderly.  He said that he did recommend that the fenced in area located on the side of the house be relocated behind the house in order to discourage barking and noise nuisance.  He said Mrs. Solitro was amenable to relocating the pen location.  He said Mrs. Solitro seemed to have a good sales plan in place.  However, they are expensive dogs and it remains to be seen whether the puppies are sold expediently.  There are currently four non-commercial kennels in Town.  He said he responds to a significant number of dog barking complaints and tries successfully to find a compromise to the problem.  He said he made no objection to the approval of the kennel license.

Attorney Madaus said the Board served as a special permit granting authority and the permit was a discretionary use by the Board. He and the Board reviewed the six standards that must be met to approve a special permit.  Four favorable roll call votes are required to approve the permit.

Mr. Roger Fitch, 14 Driftwood Drive, addressed the Board.  He said he lives 300 feet from the applicant.   He said he represented a coalition of neighbors who object to the permit.  The property lots are 1/3 acreage and what happens in his yard happens in his neighbors yard and vice versa.  He said he believes that Mrs. Solitro says what she intends to do – however, things change and happen.  Things could change and under the special permit, the Solitro’s could have 9 full size dogs year round.  The application is problematic to say the least.

Mr. Ernest Grollman, 30 Driftwood Drive, said he has lived in neighborhood five years.  He presented a petition signed by 22 neighbors opposed to the application, requesting the Selectmen deny the approval of the application.  He said granting of the application will lead to sanitary and noise issues.  Most neighbors own dogs and like dogs, but strongly feel that the kennel will be a catalyst to decrease property sales in the neighborhood.  He said that previously, the Solitro’s owned one dog and smell and noise issues arose from that situation.

Mrs. Carol Prager, Driftwood Drive said the kennel would not be in harmony with zoning bylaw, and was inappropriate due to its proximity to neighbors, sewerage, have an adverse effect on the neighborhood, be a nuisance to pedestrians, be an adequate and appropriate facility, and in general, felt the application was bad idea.
 
Sel. Jumonville and Renzoni said they were interested in the applicant’s rebuttal.  Sel. O’Brien recalled approving a kennel application on Courtney Drive and said he was torn, because while there was a precedent to approve an application in a residential neighborhood, clearly there was opposition from the neighborhood.

Ms. Solitro said she did not plan to keep the puppies longer than 12 weeks.  She said she is neat and meticulous and was offended by comments made by neighbors regarding smell issues emanating from her property.  She said she was just trying to have a positive experience for her family.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING AT 7:51PM.

Sel. Renzoni said he commended the applicant wanting to start a home-based business.  However, he said he had to take the neighbors concerns and permit conditions into consideration when making a final determination.  He said he did not think the home was the best location for this type of business.  He cited the 4th and 5th criteria of the special permit and said that the answers could not satisfy his concerns. He said he was leaning towards opposing the permit.

Sel. Jumonville said the application was well thought out.  However, the zoning for this part of town was not conducive to this type of business.

Sel. Lipka said he too had concerns with the application.

Sel. Madaus said that there was no precedent to Sel. Jumonville’s concerns regarding zoning.

Sel. O’Brien asked if there was a way out of this.  Is there a way to make sure that the puppies must be removed from the home at 12 weeks?  Attorney Madaus said that special conditions could be made to the permit to limit the length of time the puppies can stay/number of dogs in the home.  He said his greatest concern was that all the neighbors around her oppose the application.  He said he was also concerned that the applicant did not meet criteria number six.

Chairman Lavigne said he had driven by the neighborhood and was concerned about the proximity of the kennel next to the abutter’s property.  
  
Sel. O’Brien said that denial of the license would not stop Mr. Solitro from breeding the dogs.  It simply would mean that she could not have the puppies on the property longer than 3 months.  

Attorney Madaus agreed adding that a kennel by definition is more than three dogs over three months old.

Motion by Sel. O’Brien, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED NOT TO APPROVE THE SPECIAL PERMIT FOR A KENNEL LICENSE AS PRESENTED. ROLL CALL: RENZONI: NO; O’BRIEN: NO; JUMONVILLE: NO; LIPKA: NO; LAVIGNE: NO.

Town Counsel will draft a decision for Selectmen signature at the next meeting.

The Board recessed the meeting for five minutes at 8:09PM.

Selectmen’s FY2013 Budget Goals

Town Manager Galkowski and the Selectmen prioritized their FY13 Budget Goals.  She cautioned the Board that some goals would take longer to complete than others.  Sel. Renzoni said the Manager should be assessed on the progress made toward completing each goal.  Each Selectman ranked their goals in order of priority.

The Board was in agreement that the Budget should be the first goal.

The Manager said that she could bring the budget in under Prop 2 ½ without harming town services.  However, she cautioned it was important to continue to build the stabilization account to help pay for emergencies.

Sel. Renzoni and Lavigne both agreed it was important to get the Economic Development Commission up and running and recharged.  Sel. O’Brien concurred stating that the EDC doesn’t really have the power to do anything other than consult with other Committees.  The Town should do something to give this committee more power.

Sel. Jumonville said that he felt Water/Sewer should ranked number two.  Sel. Lavigne said the Board would like to see the most progress made on Water/Sewer.  Sel. Renzoni said it should be high priority goal.

The Manager disagreed and said she felt that Water/Sewer was more a long-range goal.

After a lengthy discussion, Chairman Lavigne directed the Manager the rank Water/Sewer as number two with the understanding that it was a long-range goal.  These goals are all to develop plans to explore and potentially implement solutions to the problems.

Sel. Renzoni said he would like EDC to rank number three.  Sel. Lavigne said he felt that the sale of the former Police Department should be number four.  Sel. Jumonville said that the building should have been put up for sale as directed by Town Meeting. The sale of the building was why the Public Safety Building was approved at Town Meeting. The Manager said that she had been previously instructed by a previous Board of Selectmen to assess whether the Town should retain the building for municipal purposes.  A plan must be developed to determine the disposition of the building one way or another.
The Manager said according to the Town Charter the building must be sold for the amount set at Town Meeting.  

Sel. Renzoni suggested that legal services should be ranked number five.

Sel. Lipka asked if the sewer trunk line was included as number two with Water/Sewer?  Sel. O’Brien said the trunk line goal was not a high priority to him and should not be lumped in with the Water/Sewer goal.

Sel. Renzoni said he disagreed with Sel. O’Brien and felt that the trunk line goal should be included along with Water/Sewer.

Motion by Sel. Renzoni, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO MAKE THE GOAL PRIORITIES AS 1. BUDGET, 2. WATER/SEWER/TRUNKLINE, 3. EDC, 4. DISPOSITION OF THE PD SITE AS PRESENTED.

The Manager said she felt that the Town was on the road to regionalization and felt that it should be goal number 5.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-1 WITH 1 OPPOSED TO SET REGIONALIZATION AS GOAL NUMBER FIVE AS PRESENTED. (OPPOSED: JUMONVILLE.)

Sel. O’Brien spoke to making sidewalks and legal services budget priorities.

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was UNANIMOUSLY VOTED TO MAKE LEGAL SERVICES AS GOAL NUMBER SIX AND SIDEWALKS GOAL NUMBER SEVEN.

Sel. Lavigne said he did not see Citizen Involvement as a budget goal.  The Manager said it was her goal to constantly gauge feedback from its citizens.  She added that the CodeRed system was expensive but well worth it.

The Board agreed to make the Memorial Day Parade goal number 8.

Selectmen’s Miscellaneous

Sel. Lipka: 1. Requested an update on storm damage from the October 30, 2011 storm.  The Manager outlined the swift response by National Grid and all the Town employees in order to restore power to residents.  

Sel. Renzoni: 1. Requested an update on the Water/Sewer Enterprise Fund.  The Manager said that Mr. Elbag, W/S Superintendent would prepare an update for the Board for their next meeting.
2. Requested an update on the Water/Sewer Revenue and Expenditure report.  The Board reviewed a memo from Dennis Lipka, Director, Growth Management regarding the trash and recycling program.
3. Requested an update on the status of the Open Space and Economic Development Committee.
4. Inquired what the recommendations are from the Water/Sewer Advisory Board pertaining to sewer capacity and connection fees.
5. Reported that science students from Monty Tech recently had a science project sent up in the last space shuttle mission.  They were one of 11 schools chosen nationwide to create a science experiment to be sent into space.  The school has also been chosen to create another science experiment, which will be sent to the International Space Station via a Russian Space Shuttle in April 2012.
6. Spoke at Davis Hill School on November 7th along with five other Veterans about what Veteran’s Day means to them.
7. Attended a Flag Ceremony with Holden Boy Scout Pack 46 to honor veterans.
8. Motion by Sel. Renzoni, seconded by Sel. O’Brien, it was UNANIMOUSLY VOTED TO GRANT TOWN EMPLOYEES WITH A DAY OFF ON FRIDAY, NOVEMBER 25, 2011 AND DIRECT THE TOWN MANAGER TO IMPLEMENT THE DAY OFF AS SHE SEES FIT AND AMENDED BY SEL. RENZONI AND SECONDED BY SEL. O’BRIEN TO CLOSE TOWN OFFICES ON FRIDAY, NOVEMBER 25, 2011 AND DIRECT THE TOWN MANAGER TO IMPLEMENT THE DAY OFF AS SHE SEES FIT.
9.American Legion Post 42 will sell poppies to honor its veterans on Saturday, November 12th at the Mobil Station.
10.The Grange will hold a Veterans Pot Luck Dinner on Monday, November 14th.

Sel. O’Brien: 1. The Holden Police Department conducted an alcohol check of all establishments serving alcohol in Town on October 28, 2011.
2. Requested that the Chair schedule an agenda item
3. McCarthy family fundraiser on November 11th. Tickets on sale at Gordie’s Auto.

Sel. Lavigne: 1. Announced that Holden Selectmen now have town email addresses @holdenma.gov.

Approval of Previous Minutes

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 3-0-2 WITH 2 ABSTAINED TO APPROVE THE INTERVIEW MEETING MINUTES OF OCTOBER 17, 2011 AS PRESENTED. (ABSTAINED: Lavigne, Jumonville.)

Motion by Sel. Renzoni, seconded by Sel. Lipka, it was VOTED 4-0-1 WITH 1 ABSTAINED TO APPROVE THE MEETING MINUTES OF OCTOBER 17, 2011 WITH AN AMENDMENT BY SEL. O’BRIEN TO ADD TO PAGE FOUR “ …ESPECIALLY DURING PUBLIC HEALTH EMERGENCIES…” AS PRESENTED. (ABSTAINED: LAVIGNE.)

10. Adjournment

Motion by Sel. Lipka, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO ADJOURN NOVEMBER 7, 2011 MEETING AT 9:29PM.


APPROVED: December 5, 2011, as amended