MINUTES
BOARD OF SELECTMEN
TUESDAY, AUGUST 30, 2005, 6:30 P.M.
Hearing Room,
PRESENT:
Chairman J. Claffey called the meeting to order at 6:30 p.m.
APPOINTMENTS:
6:30p.m. Jessica Allen, Walter Seifert: Re: Tree Ordinance
A discussion of a proposed tree ordinance for the Town by-laws was held. The Town had received an $8,800 urban forestry grant and J. Allen and W. Seifert asked that the BOS consider voting to direct the Town Tree Committee move forward with the second phase of the proposal to authorize the Committee to begin public meetings to consider passage of such an ordinance. General provisions of the By-law would restrict removal of trees on public and private property subject to review of the Committee. The BOS expressed general consensus that Town Counsel (TC) would need to review the proposal before any vote was taken.
ACTION: N. Breault to forward the proposal to TC for review and to provide the BOS with an opinion at a future meeting.
7:00p.m. Sean Strohman.
Motion G.
DeLisle moved the BOS enter into Executive Session to consider personnel
matters relating to
S. Strohman then indicated to J. Claffey that he preferred not to move to Executive Session and
J. Claffey stated that it was S. Strohman’s option. The appointment was held in Open Session.
A discussion was held relative to an email S. Strohman had
sent to the Executive Secretary several weeks prior wherein he stated that he
was embarrassed to wear his uniform as a call firefighter because of the BOS
decision to adopt the Town’s new Waste Reduction Program. The BOS asked for an explanation and
ACTION: J. Claffey reminded S. Strohman that the BOS recognized his First Amendment rights, but would not tolerate further similar statements while he was in uniform; that he was a representative of the Town as a call-firefighter; that criticisms of BOS decisions should follow the chain of command and be directed to the BOS through the Fire Chief; and that there are court cases to support the BOS’s position.
Board of Selectmen August
30, 2005
(Appointments continued.)
7:30p.m. Attorney Peter Epstein: Re: Cable TV
Attorney Epstein specializes in helping municipalities take
steps relative to assigning Cable Television franchise rights. He has counseled
ACTION: The BOS will have TC contact Attorney Epstein regarding his fee schedule for his services. The BOS directed N. Breault to contact the Cable Advisory Committee to meet with the BOS at a future meeting to discuss the process.
9:00 (9:20) p.m. Tom Florence, Town Clerk/Collector/Treasurer: Re: Clerk’s Office Issues
Open Session:
a. Freedom of Information Act (FOIA) response to Michael Albano: T. Florence gave the BOS a copy of his written response to M. Albano. In summary, M. Albano’s request would require a review of approximately 120,000 bills with estimated costs of such a review. The response was sent 8/22/05. No response has been received yet from M. Albano.
b. Procedural matter stemming from the FOIA request from M. Albano:
The BOS told T. Florence that any future inquiries from any resident that fall under the jurisdiction of the Town Clerk/Treasurer/Collector be directed to that office. The BOS also directed T. Florence to require full payment of any taxes owed and that any request for review of waiver of penalties and fees be considered only once the monies have been received. Any monies to be refunded upon review would then be returned to a taxpayer.
Motion G. DeLisle moved the BOS enter into Executive Session to discuss personnel matters in the Office of the Clerk/Treasurer/Collector with T. Florence, to return to Open Session. J. Driscoll seconded. The motion was approved by unanimous roll call vote.
APPROVAL OF MINUTES:
August 16, 2005
Motion G. DeLisle moved the BOS accept the Minutes of the meeting of August 16 as presented.
J. Claffey seconded out of necessity. Motion approved 2-0.
Motion G. DeLisle moved the BOS accept the Executive Session Minutes of the meeting of August 16 as presented. J. Claffey seconded out of necessity. Motion approved 2-0.
August 24, 2005
Motion G. DeLisle moved the BOS accept the Minutes of the meeting of August 24 as presented.
J. Claffey seconded out of necessity. Motion approved 2-0.
Board of Selectmen
August 30, 2005
(Board of Selectmen, Old Business.)
BOARD OF SELECTMEN
OLD BUSINESS:
1. Department Head Raises:
J. Claffey recapped that the BOS had previously approved a 2.5 % pay raise for Department Heads for FY 2006 instead of the 4.5% recommended by the Personnel Policy Board. The decision had been made in light of the Town’s budget. Since the Town Meeting had approved Article 10 on August 15, the BOS understood that Departments were now fully funded.
Motion G. DeLisle moved the BOS to lift the freeze and reinstate the raises as recommended by the Personnel Policy Board. J. Driscoll seconded.
Discussion: G. DeLisle stated the BOS had to freeze the other 2.5% when they first made their decision. J. Driscoll stated that he appreciated the patience shown by the Department Heads.
Motion approved 3-0.
2. Discussion of LeFebvre Project
a) For approval letter to Massachusetts Housing Finance Agency (MHFA) (40B) (JC) *
There was discussion relative to a draft letter by J. Claffey on behalf of the BOS to the MHFA relative to the BOS position and reasoning in opposition to the proposal submitted by J. LeFebvre to the MHFA under the auspices of Chapter 40 B. The BOS expressed general agreement with the points made in the draft.
ACTION:
3. Discussion, Article 4, Special Town Meeting:
This item was tabled for discussion with TC to get clarification of some of the terms and interpretations of the Article passed at Town Meeting on August 15.
4. Building Department fees: (taken out of order at 6:48)
D. Hellyer, Building Inspector, met with the BOS to discuss comparisons of building fees with neighboring towns. The BOS asked hi to provide a breakdown and he said that he could do so quickly. The BOS asked him to come back later in the meeting.
7:12 D. Hellyer came back with the requested information.
There was a discussion of recommended fee increases.
Motion G. DeLisle moved the BOS approve the new fee structure as recommended by the Building Inspector, to be effective 10/01/05. J. Driscoll seconded. Motion approved 3-0.
ACTION: D. Hellyer to take the necessary measures to inform the public of the changes.
5. Correspondence from DEP, Re: Phase 2 closure, approval-extension.
Update from DEP; allowing an extension that Town requested. So noted.
6. Town Meeting Rules Committee (item offered by J. Claffey) *
J. Claffey noted that he had been approached by Attorney Fratar regarding his interest in becoming a member of the Town Meeting Rules Committee.
ACTION: N. Breault to set an interview for the next meeting.
Board of Selectmen
August 30, 2005
(Board of Selectmen, New Business.)
NEW BUSINESS:
1. Benefits for part-time employees
ACTION: N. Breault to refer to Town Labor Counsel for clarification.
2. Discussion of correspondence to Information Technology (IT) Committee, Re: Town Department Heads Concerns. *
ACTION: N. Breault to schedule an IT meeting for its review and recommendations.
3. Letter from Melanie Torcia, Re: a) Noise disturbance from Meadowbrook Farm;
b) Police Report *
Discussion was tabled to TC. J. Driscoll stated that he spoke with the resident prior to the meeting.
4. Memo from Susan Peterson, Director East Longmeadow Library; Re: Clarification on Community Room after-hours access.
J. Claffey said that response to prop the door open is inadequate to provide public access to meetings. G. DeLisle agreed.
ACTION: N. Breault to send a letter stating that the BOS needs a key to the building.
5. Sergeants Exam information: So noted. The exam will be given 10/22/05.
6. Request
a) Selectmen invitation to Grand Opening; b) One day liquor license (beer & wine);
c) Temporary food service permit; d) erecting a 20x30 foot tent. Event on Wednesday, September 14, 2005, 4:00pm – 7:00pm.
Motion G. DeLisle moved the BOS approve the request for the temporary food service permit.
J. Driscoll seconded. Motion approved 3-0.
Motion G. DeLisle moved the BOS approve the request for a one-day liquor license.
J. Driscoll seconded. Motion approved 3-0.
Motion G. DeLisle moved the BOS approve the request for to erect the tent for the event, subject to approval of the Building Inspector. J. Driscoll seconded. Motion approved 3-0.
ACTION: N. Breault to forward the tent request to the Building Inspector for review.
7. For approval: List of Election Workers to serve for a one-year-term 2005-2006 *
Motion G. DeLisle moved the BOS appoint the Election Workers as presented. J. Driscoll seconded. Motion approved 3-0.
8. Resignation letter, Sgt. Thomas A. Templeton, Police Department *
Motion G. DeLisle moved the BOS accept the letter of resignation with regrets. J. Driscoll seconded. Motion approved 3-0.
ACTION: N. Breault to draft letter of appreciation from the BOS.
TOWN COUNSEL
Board of Selectmen
August 30, 2005
(Board of Health, Old Business.)
BOARD OF HEALTH
OLD BUSINESS: None.
NEW BUSINESS:
8:30p.m. Hearing,
Board of Health: John & Christine
Cassamasse,
The BOS met with Mr. and Mrs. Cassamasse regarding complaints investigated by Fred Kowal, Town Health Agent, regarding their keeping upwards of 17 cats in their apartment.
J. Driscoll read the
letter of notification of the Hearing sent to the Cassamasse’s.
The Cassamasse’s
maintained that they only keep cats that are free of feline disease; that they
make sure that they have proper shots and are clean and that they try to place
them in good homes.
F. Kowal reported
that when he investigated the situation he noticed a pronounced foul odor
because of the cats; that their violation falls under the concept of hoarding. F. Kowal recommended the Cassamasse’s only
keep 4-5 cats in their apartment.
ACTION: N. Breault to arrange for the Health Agent, Animal
Control Officer, Building Inspector and the landlord go and look at the
situation for a report back to the BOH with a recommendation the BOH can
present to the landlord. The BOH
directed the Cassamasse’s to immediately place the five cats that were recently
anonymously dropped off to their apartment.
N. Breault is to
schedule the Animal Control Officer to meet with the BOH to discuss the
development of Town By-laws to regulate cats.
APPOINTMENT:
8:45 (8:56) p.m. Martylee Caramante, Animal Control Officer; re: Houghton-Smith, 25 Somers Road; follow-up to ORDER a) Report from Dog Officer Martylee Caramante; b) Letter from Houghton-Smith; c) Letter from resident. *
M. Caramante recapped the past hearing; reported that the dog has gotten loose in that time-frame. She stated that it is obvious that nobody is watching the dog. She stated that she needs to know what her authority is to take the dog. She further stated that she knows people that know the Houghtons and has heard that they are going around saying they are not getting rid of the dog.
There was a discussion of what to do. J. Claffey said that he thought the BOH should ban the dog from the town. J. Driscoll stated that he thought the BOH should give a little more time.
G. DeLisle suggested the BOH discuss the situation with TC to see how to remove the dog; and in the meantime that the original order will stand but that the Houghton’s need to get the information about any placement of the dog to the BOH.
Motion G. DeLisle moved the BOH order the dog be removed from the home. Motion failed. The discussion was tabled for TC for clarification of how to propose a motion for the situation.
CORRESPONDENCE
1. Notification letter from Buckeye Pipe Line Company, Re: Hydrostatic Pressure Test of
Pipeline from
2. Letter to Retirees: Re: Prescription Drug Coverage & Medicare Part D *: So noted.
Board of Selectmen
August 30, 2005
(Correspondence, continued.)
3. Waiver of Site
Plan Review approval letter from Planning Board, Re: East Longmeadow Town
Monopole,
4. Letter from Assessors: Re: Certified growth figure from the Department of Revenue. *
ACTION: N. Breault to get clarification from the Assessor’s office as to whether this means an increase in the tax levy limit.
MEETING, INVITATIONS & REMINDERS
1. Household Hazardous Waste Regional Collection Day, September 10, 2005, 9am-1pm, at Minnechaug Regional High School, Wilbraham. * So noted.
2. Open Space
Committee Meeting, Tuesday, September 6, @ 6:30pm., in the Meeting Room at the
3. Tax Classification Hearing, Tuesday, September 13, 2006, @ 6:30pm, in the Town Hall
Hearing Room, Town Hall * So noted.
The Meeting was adjourned from Executive Session with TC at 11:30 p.m.
APPROVED: BOARD OF SELECTMEN MEETING, TUESDAY,
SEPTEMBER 13, 2005.