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Board of Selectmen Minutes 03/03/2015
SELECT BOARD MINUTES FOR MEETING
MARCH 3, 2015 7:00 pm
Holland Town Hall
27 Sturbridge Road
Holland, MA

Present: Lynn Arnold, Larry Mandell and Michael Kennedy

Lynn Arnold called the meeting to order at 7:00 pm

Minutes not complete for 2/17/2015, will be on next agenda

APPOINTMENTS: 7:05-Mark Mitchell regarding #24 Candlewood Drive addition being built within six inches of his property line at #22 Candlewood Drive. Mr. Mitchell stated he has been here before regarding this issue. Per Selectman Larry Mandell, our Zoning Enforcement agent Jack Keough, sent letter to owner and real estate agent of #24 Candlewood Drive. The owner was given until next Friday (March 13, 2015) to respond. Owner has two options either apply for variance thru Zoning Board of Appeals or tear down structure. If no action is taken Mr. Keough will take matter to court.

7:15 Sharon Ashleigh regarding Online Dog Licensing Program-Ms. Ashleigh explained the benefits of this low cost program in regards to  reduction of paperwork involving tracking and searching for information and streamlining  information for animal control. She also stated it can be paid for out of her current budget. Ms. Arnold asked Mr. Kennedy if Town Counsel should review contract. Mr. Kennedy stated that was not necessary.  Motion 03/03/2015-1  by Michael Kennedy to sign 2 year contract. Seconded by, Mr. Mandell.  All in favor.







Motion 2/17/2015-1 by Larry Mandell to accept minutes of 2/03/2015. Michael Kennedy seconded. All in favor.

Old Business: Regarding Charter cable drop to 131 Vinton Road, per Cox Attorney Alan Mandl it is “his understanding that Cox does not object to Charter serving this resident, but has suggested that Charter work directly with the Town to secure any necessary permission”. He also recommended that the Town of Holland discuss this with the Dept. of Telecommunications and Cable (Karlen Reed-617-368-1101), about how this arrangement should be documented. While speaking with Ms. Reed, she requested I (Kim Hermanson-Secretary Select Board) forward Attorney Mandl’s response and the Town letter via email. This was done and she responded via email that she would get back to me in a few days. She did get back to me, by phone stating the response was, “Thank you for the information”. She stated nothing would be sent to us in writing or via email from the Dept. of Telecommunications and Cable. Michael Kennedy stated this was unacceptable and a formal letter should have been sent from us, not email. He wants a new policy of one Communication File, rather than 3 separate) for the Select Board in which all office all communications going in or out of the office be in. He stated he could not find anything and communications in the other Board members folders isn’t in his. After a discussion between Lynn Arnold and Michael Kennedy it was agreed that all outgoing correspondence would be done on Town of Holland letter head, scanned and attached to any email and would be put in the Communication File. Motion 2/17/2015-2 by Larry Mandell to approve sending letter authorizing Charter to provide service to 131 Vinton Road, Michael Kennedy seconded. All in favor.

New Business: Motion 2/17/2015-3 by Larry Mandell to approve Special Permit for August 8, 2015 Mohawk Valley Bass Casters, seconded by Michael Kennedy. All in favor.
The Select Board discussed and agreed that rather than at a Select Board meeting any one Select Board member could meet with the Police Chief and Animal Control Officer to discuss putting forth to finance committee a line item on upcoming Budget for Animal Control back up. Selectwoman Arnold will meet with them.

ANNOUNCEMETS: Lynn Arnold made the following announcements:
  • Seniors can call the Fire Department at 413-245-9733 to request FREE inspection or installation of CO detectors.
  • Senator Gobi’s Constituent Representative is Craig Lundberg and can be reached at 413-722-1640.
  • Office hours in our Community Room with Senator Gobi’s District Director Tyler Wolanin from 1-2 p.m. on February 18, 2015.
  • Congratulations Planning Board on a grant recently received under Pioneer Valley Planning Commission’s District Local Technical Assistance Program (DLTA) to update the Master Plan.
  • At 7:00 pm on Friday March 20, 2015 a basketball game will be played between the Holland Police and the 7th and 8th grade Holland All Stars at Tantasqua Junior High. This fundraiser will raise money so all Holland children can play recreational sports regardless of ability to pay. There will be half-time games and a 50/50 raffle. Cost of admission is $1.00 for adults, children are free.
APPOINTMENT: Jennifer Poirier Owner/Operator of The Shepherds Gate Dairy Goat Farm & Products was in attendance to discuss the letter she sent regarding her Board of Health concerns.
    Board of Health members Ken Ference (Chairman) and Dave Kowalski (Member) were in attendance.
     Lynn Arnold stated the Select Board would hear her concerns, but has no jurisdiction over the Board of Health. Michael Kennedy announced full disclosure of the fact that he had worked with her husband 15 years ago.
     Ms. Poirier stated that since 2004 she has been receiving 3 licenses from Town of Holland- Business, Pasteurization and Retail Food Sales. She stated there have been no problems with the exception that sometimes the Pasteurization and Retail Food Sales licenses are delayed and she doesn’t get them until March or April. These licenses are effective from January to December and are sought for reissue each year.
     Ms. Poirier stated that on 12/28/2014 she mailed 2 separate requests and checks- 1 to the Board of Health for her Pasteurization and Retail Food Sales license and 1 to the Select Board for her business license. When her business license was ready she asked about her other licenses, of which Select Board Secretary had no information. She then reached out by telephone to Mr. Kowalski, asking him to address her licenses at the next Board of Health meeting.  On January 5, 2015, Ms. Poirier received what she describes as an irate phone call from Board of Health member Dana Manning. She stated Ms. Manning berated her for her “rogue side dealings” and said, “The town was no longer going to tolerate side dealings with rogue Board of Health Members.” Per Ms. Poirier when she told Ms. Manning that this was inappropriate and unprofessional behavior of a Board of Health member, Ms. Manning made no effort to apologize and said the Board would have to “investigate the protocol for such licensing.” Ms. Poirier feels this is not fair to her and advised Ms. Manning she would not tolerate harassment and she would appeal to Ellen Fitzgibbon, Massachusetts Department of Food & Drug Senior Inspector (who performs a wide base of testing/inspections of Ms. Poirier business) -and allow her to communicate directly with the Town Board of Health. Ms. Poirier stated Ms. Manning questioned her regarding Mr. Kowalski and informed her he was a “rogue member who hadn’t even attended meetings since August 2014.” Ms. Poirier told Ms. Manning she did not want to get caught in the cross-fire of her issue. Ms. Poirier claims Ms. Manning asked her why she called Mr. Kowalski and she stated because in the past he is the only Board of Health member who has ever returned her calls and printed her licenses. Ms. Poirier explained she brought this issue to the Select Board first and foremost because she does not want other Holland business owners, to have to go through this when they are trying to conduct business legally in the Town and State and she feels it is unfair Mr. Kowalski was maligned by another member of Board of Health.
    Mr. Kowalski explained that in the past he has given Ms. Poirier her licenses, upon receipt of a check, which he submits to Town Hall. He stated that as of August 28, 2014 Ken Ference and Dana Manning took over and he is 3rd man out. He stated he printed licenses and brought to Mr. Ference between January 10 and 15th. He stated he does adequate inspections and legitimately issues licenses. He explained he does not like being slandered and will not tolerate it.                   Ken Ference referred to MGL 94 Sec 48a-16 stating the Department of Health and Board of Health are looking for inspector. Mr. Ference stated he has been requesting a flash drive with Board of Health minutes on it from Mr. Kowalski and requested help from Selectmen Kennedy to secure and has not received it. Mr. Ference explained that Ms. Poirier can operate under last license until report from State is received. Mr. Kowalski stated he phoned Director of Public Health and was told inspection could be deferred and license renewal issued. Mr. Ference and Ms. Poirier agreed to resolve the permit issue. Selectmen Kennedy stated that each Board of Health member can operate independently in the field.

APPOINTMENT: Sharon Ashleigh-Town Clerk was in attendance regarding payroll issue for Assistant Town Clerk. Selectwomen Lynn Arnold briefly explained situation of correspondence from attorney at the Department of Revenue and verbal confirmation from Town Counsel stating Town Clerk Salary can’t be used to pay Assistant Town Clerk without approval at Town Meeting.  Ms. Arnold advised Town Clerk Ashleigh and Assistant Town Clerk Kristin Laplante of this via e-mail. When Mr. Kennedy saw this email he called Point of Order, asking Ms. Arnold if she was stating he was told of this email. He wanted to know who authorized email that was signed Select Board. Ms. Arnold stated she did and that Mr. Kennedy had told her to check with Town Counsel Bacon & Wilson regarding issue of legality of paying Assistant Town Clerk from Town Clerk salary line. Mr. Kennedy stated he had not received a copy of that email and it was inappropriate and illegal for her to act alone. Selectmen Larry Mandell stated there was a discussion regarding getting confirmation from Bacon & Wilson regarding Department of Revenue document. Mr. Kennedy moved on to Dept. of Revenue document and asked Ms. Arnold if she is aware of the fact that they (the Select Board) appointed both Town Clerk and Assistant Town Clerk. Members of the audience stated so also. Ms. Arnold stated she was aware of the fact that Sharon Ashleigh was appointed as Town Clerk but did not recall the Select Board appointing Kristin Laplante as Assistant Town Clerk. Ms. Laplante stated that she did not get a copy of the email advising her that Town Clerk salary can’t be used to pay Assistant Town Clerk without approval at Town Meeting. Ms. Laplante stated that she has been working for the Town for 15 years and her feelings were hurt that nobody talked to her regarding this issue. Sharon Ashleigh stated that other Towns do this and the Department of Revenue told her although the way we have been doing it isn’t ideal, it is not illegal and should be resolved at next Town Meeting. Ms. Ashleigh has requested this be added to Town Clerk budget. Mr. Kennedy said there is nothing wrong with the way we have been doing it because Assistant Town Clerk is appointed and to continue paying Ms. Laplante. Mr. Mandell stated that he was uncomfortable signing and not signing Ms. Laplantes payment voucher and wanted to have this meeting to get it straightened out. He also stated experience has shown him that face to face communication is best. Ms. Arnold apologized for any hurt feelings, stating that the only intent was to do things correctly. She thanked Ms. Laplante for her years of service. Mr. Kennedy stated the budget is done by the Select Board not the Finance Committee. Mr. Kennedy wanted to get back to violation of law and Mr. Mandell request Mr. Kennedy go over. Mr. Kennedy stated a Select Board member can’t take action alone and Law should be looked at.

Motion 2/17/2015-4 Motion to adjourn at 8:35 pm by Mr. Mandell, seconded Mr. Kennedy. All in favor.

Next Meeting: 3/3/2015 7:00 pm