MINUTES

BOARD OF SELECTMEN

Tuesday, November 22, 2005, 6:30 p.m.

Town Hall Hearing Room, East Longmeadow

60 Center Square

East Longmeadow, MA 01028

 

PRESENT:  John Claffey, Chairman, Board of Selectmen; James Driscoll, Chairman, Board of Health; Gary DeLisle, Clerk of the Board. 

 

Chairman J. Claffey opened the meeting at 6:34 p.m. with the Pledge of Allegiance.

 

APPOINTMENTS:

6:30 p.m.  Dave Gromaski, Superintendent of Public Works and Rich Gale, Facilities Maintenance Manager

Discussion of 328 North Main (Pleasantview Senior Center).  R. Gale recapped a meeting he had with the Senior Center Study Committee to discuss renovation needs and options for the center; that he assumes the town will be using the building in the future whether or not it remains the senior center; there was discussion of using the space that the credit union is in; that it is approximately 750 square feet; that it could be used for senior center activities if the town decided not to renew the lease; that he is working with the Capital Planning Committee to make sure all parties are on the same page with regards to the future of the building.  G. DeLisle stated that he would rather see the space remain leased instead of giving up revenue; that a better reallocation of programs would provide the space and privacy needed for social work programs; that the credit union is a good tenant and provides a valuable service for town employees.

R. Gale and D. Gromaski then outlined progress on other projects including renovations at the High School pool; Town Hall renovations and other school renovations.

A discussion was held relative to how the plan to do facilities renovation work with town employees rather than use outside contractors has saved money on projects and that the BPW will ask the town to allow a person to be hired to work solely as a skilled laborer.  The BOS suggested that R. Gale communicate to the public what these savings have amounted to and what they could project to in the future.  R. Gale stated that, in general, savings are at least a third of the cost of a project; that he would forward numbers to the BOS shortly; and that he would send before and after pictures to the IT Department for posting on the website.

 

7:00 p.m.   Fire Chief, Monthly Meeting:

(1) McNamara Bill (Call & Volunteer Firefighters): the Chief reported on a new mandatory law whereby municipalities must provide insurance coverage to call and volunteer firefighters.  The BOS and the Chief recommended the Executive Secretary ask MIIA what a policy cost would be; and to ask the MMA if there is a state-wide effort to address purchasing theses policies.

 

 

 

 

Board of Selectmen, November 22, 2005.

(Appointments, continued.)

 

(2) Budget Orders:  the Chief discussed the upcoming budget cycle.  The BOS advised the Chief that he and all Department Heads need to follow the 2% set by the Appropriations Committee; that they need to be advocates for their departments by stating up-front what effects this will have on services; and that they are encouraged to contact state legislators to explain how there is a need for more local aid, especially in light of the revenues the state is realizing and the many proposition 2 ˝ override failures.  The Chief advised the BOS that a 2% means the loss of one firefighter on July 1, and possibly more depending on where the unemployment cost will be taken from and the pending contract negotiations with the fire union.

 

(3) C.O. & Smoke Detector Program:  The Chief reported to the BOS that he had received a $106,000.00 grant for Scott Airpacks; that the bid came in at $90,000.00; that he can spend

$5,000.00 on one more airpack plus a holder; that he can turn the remaining funds into a fire prevention program; that he is  working on purchasing carbon monoxide and smoke detectors and light sticks for a town wide program.

 

7:30 p.m.  Police Chief, Monthly Meeting:

(1) New Highway Safety Grant Award:  the Chief reported that the town received an $8,400.00 grant that extends into 2006 for “Click it or ticket” and OUI programs.  The town also received a $38,000.00 grant for Community Policing; that he will be able to use that for trainings and details.

 

(2) Alcohol and tobacco compliance:  A discussion was held relative to the recent reports issued to the BOH from S. McColgan, the towns tobacco compliance contractor, that nine out of 18 tobacco vendors had recently failed compliance checks, and that he is following up on the BOH’s concern that, since three of the vendors are also purveyors of alcohol, he spoke with the ABCC regarding concerns about vendor compliance with alcohol and tobacco sales; that some posters and literature are coming that he will provide to vendors when he speaks with them; that he wants to work with businesses on the issue; and that he plans to meet with  S. McColgan to find ways to improve compliance.

 

(3) Police Sergeant retirement:  The chief advised the BOS that December 1st is last day for

Sergeant Niznik; that the Chief will reallocate personnel to cover the vacancy.

 

The Chief brought up the following items for discussion:

*P. Tremblay has asked to carry over a week of vacation; that there is too much going on for her to take it.  The BOS left it to Chief to decide, but if he allows it to make clear that this is the exception not the rule.

* R. Gale is trying to work on an HVAC problem at the station; that it is a 30 year old building with varying maintenance needs.

* The Chief is responding to an email from a citizen given to him by the Executive Secretary relative to traffic issue on Day Avenue; that he will assign a detail from the Click it or ticket grant to address it.

* There was a discussion of letter of commendation for two officers for the apprehension of a suspicious person that was wanted on a warrant for murder in Springfield.

* The Chief discussed fleet issues; that a minor fender bender involving a police vehicle occurred this evening in the rotary; that he needs to research the capital plan for vehicles.  J. Claffey reminded the Chief to be an advocate for his department.

* The Chief said he plans to use some of the CP money for training to combat Internet crime. 

 

 

Board of Selectmen, November 22, 2005.

(Appointments, continued.)

 

8:00 p.m.  Attorney John Connor and Paul Joyce, DPW; Attorney Melissa Shea representing Sullivan & Hayes, Town Labor Counsel.

J. Claffey asked Attorney Connor to give an overview.  He explained how this was a meeting to discuss moving the meter reader position held by P. Joyce to the town hall employee union; that the position was under the DPW union, but because there is a lot of clerical work involved that moving the position to the town hall union is appropriate.

A discussion was held relative to what Grade and Step would be appropriate.  The BOS had reviewed the job description and P. Joyce’s length of service that a Grade 5 Step 5 would be appropriate.  

 

Motion G. DeLisle moved the BOS accept the recommendation to move the position of meter reader into the town hall employee union.  J. Driscoll seconded.  Motion approved 3-0.

Motion G. DeLisle moved the BOS set P. Joyce at Grade 5 Step 5.  J. Driscoll seconded.

Discussion:  J. Driscoll addressed P. Joyce stating that this has taken too long; and that communication between two boards has held things up.  G. DeLisle moved to amend the motion to include the effective date of July 1, 2005.  Motion approved 3-0.

 

8:30 p.m.  Thomas Florence, Town Clerk:

(1) Tax Title:  T. Florence reported he is getting calls and emails from companies asking to provide collection services for the town’s tax delinquencies; that there are offers to do so at no cost to the Town.  G. DeLisle asked for clarification and T. Florence stated that the companies would take a fee out of the monies collected.  The BOS expressed general consensus that this would be one more burden on the taxpayer; and that the town has a 99% collection rate.

 

(2) Personnel Issues:  J. Claffey questioned why T. Florence requested this discussion to be held in Executive Session.  Attorney Donahue, Town Counsel (TC), requested a brief recess with T. Florence to discuss whether it should be held in Executive Session.  J. Claffey called a brief recess.  TC and

T. Florence returned to the meeting and it was decided that the discussion would be held in Open Session. 

A discussion was held relative to the IT Department and MUNIS (municipal software) conversion.

T. Florence stated that work order requests of the IT Department have not been completed in a timely manner, for example a request for CD’s of the street list are four months outstanding.  He expressed concern that the conversion would be similarly delayed given the recent delays on work orders.

ACTION:  The Executive Secretary was directed by the BOS to follow up with J. Somsen, IT Department Head, the next day.

 

A discussion was held regarding an employee in the Clerk’s Office.  T. Florence reported that the employee is still not working at a level in accordance with their job description; that the employee has been given a lot of training; that other employees have stated they would pick up the extra work but they want to be compensated for it.  G. DeLisle stated that staff is not going to dictate who is going to do what and what their compensation will be; that if they have a problem they have a labor union to bring it to; that there is a procedure in place and if they have a problem with the work conditions they can grieve it. 

J. Claffey stated that it needs to be made clear that the staff is expected to help.

 

 

 

 

Board of Selectmen, November 22, 2005.

(Appointments, continued.)

 

(3)  A discussion was held relative to the Town Meeting Rules Committee.  W. Fonseca had asked the BOS, through the Clerk, whether it wants the Committee to work through Town Meeting to change By-laws or to make recommendations to the BOS for changes.  The BOS advised the Clerk to have the Committee submit recommendations to the BOS.

 

(4)  A discussion was held relative to the FY 2007 budget.  J. Claffey stated to the Clerk that each Department Head must be an advocate for its department.

 

APPROVAL OF MINUTES:

 

November 1, 2005:  School Committee Interviews

Motion G. DeLisle moved the BOS accept the minutes as amended.  J. Claffey seconded out of necessity.  Motion approved 2-0.

 

November 8, 2005:  Board of Selectmen’s Meeting

Motion G. DeLisle moved the BOS accept the minutes as amended.  J. Driscoll seconded.  Motion approved 3-0.

Motion G. DeLisle moved the BOS accept the minutes of the Executive Session as presented. 

J. Driscoll seconded.  Motion approved 3-0.

 

TOWN COUNSEL:

 

OLD BUSINESS:

Conservation Commission response; Re: Right of First Refusal, Hampden Road & Stonehill Road.

Motion G. DeLisle moved the BOS accept the recommendations of the Planning Board, Board of Public Works and Conservation Commission to not exercise the town’s right of first refusal. 

J. Driscoll seconded.  Motion approved 3-0.

 

“T” Mobile.

TC reported that the DEP issued Notice of Non-compliance to T-Mobile.  A discussion was held relative to an easement request from MassElectric.  TC advised the BOS not to act; that he would follow up with the utility.

 

Selectmen’s Office position.

Item moved to Executive Session.

 

Planning Board letter; re: Phase II-Center Village Square-Revisions to approved plan.

TC reported that this is a notice of denial to the developer regarding requests to make changes to the Library parking lot and additional signage.  He stated that he has not received a letter from the developer indicating an intention to appeal; that he will follow up with counsel for the developer to confirm this and that he recommended to the BOS to release the funds in escrow once confirmed

Motion G. Delisle moved the BOS direct TC to release the funds in escrow to the developer upon confirmation that the developer does not intend to appeal the decision of the Planning Board. 

J. Driscoll seconded.  Motion approved 3-0.

 

 

 

Board of Selectmen, November 22, 2005.

(Town Counsel, continued.)

 

NEW BUSINESS:

Contract modifications Firefighters Association.

Sullivan, Hayes & Quinn; re: Response “Firefighters Proposals”.

The item was held over to a future meeting.  G. DeLisle will speak with the Association as the BOS liaison and report back the BOS.

 

Correspondence from PERAC:  Re:  Proposed regulations clarifying definition of regular compensation.

TC outlined the proposed changes; that they regard sick time calculations with municipal retirements.

ACTION:  The Executive Secretary was directed to forward the information to Attorney Hayes for the meeting with Appropriations on November 29.

 

Letter from P. Joyce:  Proposal to put Lowe’s project to a town wide vote.

(Item moved from the BOS Correspondence.)

J. Driscoll asked TC if this project is something that can go to town wide vote?  TC reserved right to change his opinion pending further research, but stated that he didn’t think a binding referendum on this would be possible; that he didn’t know what the questions should be; that the proposal was too vague a request to respond to.

A discussion was held relative to whether the BOS should send a letter to the developer.  J. Claffey stated he thinks sending a letter at this time would be premature.  J. Driscoll stated that it is frustrating to have people approach the BOS and ask if it will make a stand.  TC advised that if the BOS sent a letter in advance of the town receiving a proposal that the developer could use it as an opportunity to make changes prior to submittal. 

 

Lease of Norcross:

TC reported that Attorney Brown will bring to the Norcross the proposal to the owners that they consider reversion of lease.  TC will keep the BOS apprised.

 

Motion J. Driscoll moved the BOS enter into Executive Session to discuss matters relating to strategy relative to non-union negotiation, to return to Open Session for the purpose of adjourning the meeting.  G. DeLisle seconded.  A roll call vote was taken, (Driscoll “Yes”; DeLisle “Yes”; Claffey “Yes.)  Motion approved 3-0.

 

BOARD OF SELECTMEN:

 

OLD BUSINESS:

DPW installed “No Parking Here to Corner” sign - Melwood Avenue.  So noted.

 

DPW installed “Blind Driveway” sign - 550 Shaker Road.  So noted.

 

NEW BUSINESS:

Discussion, Office Notary:

J. Driscoll proposed that the Executive Secretary and the Assistant Executive Secretary (once hired) takes steps to become Notaries Public; that currently only the Town Clerk and the Planning Board Administrator are the only persons in Town Hall so authorized. 

 

 

Board of Selectmen, November 22, 2005.

(Board of Selectmen, continued.)

 

He recommended that the expense to become a Notary is nominal and that the Town should subsidize it.

Motion J. Driscoll moved that the BOS authorize the Executive Secretary and the Assistant Executive Secretary become Notaries Public and that the Town subsidize the expense.  G. DeLisle seconded.  Motion approved 3-0.

 

For approval, request for Temporary Food Service Permit from Chunky Soup 2005 Tour         Program, Gigunda Group, Inc., Tuesday, December 13, 2005 from 11am-7pm., Stop & Shop  

parking lot, 470 North Main Street.

J. Claffey questioned where the placement of the trailer would be; that it cannot be in the fire lane.

Motion J. Driscoll moved the BOS accept the request pending review of the Fire and Police Departments and the Health Agent.  G. DeLisle seconded.  Motion approved 3-0.

 

For review & signature, Easement Agreement with Massachusetts Electric Company, for   

property located on Somers Road  

Item moved to TC.

 

For approval, Site Plan/Definitive Plan; Lori Lane, John & Maryanne Hasley, (police & fire              

report), public hearing 12-13-05.

Motion G. DeLisle moved the BOS accept the recommendations of the Police and Fire Departments and forward them to the Planning Board.  J. Driscoll seconded.  Motion approved 3-0.

 

For review: Site Plan/Definitive Plan, Janice Varelas, Heather & Edward Cori & Rocco &   

Linda Carabetta, Location: Dearborn Street extension.

Item forwarded to the Fire and Police Departments for recommendations.

 

For review: Site Plan/Definitive Plan, Sivad Nominee Trust & Dan Roulier & Associates, Inc.,  

for Great Woods Phase X.

Item forwarded to the Fire and Police Departments for recommendations.

 

BOARD OF HEALTH:

 

OLD BUSINESS:

Tobacco compliance issues:

J. Driscoll reported that he met with Sarah McColgan, tobacco compliance coordinator, to discuss the results of her recent tobacco compliance checks of local vendors because nine out of eighteen vendors had failed the checks, and that 4 of them had failed at least twice during the past year; and that three of the violators are also licensed to sell alcohol.  A discussion was held relative to the towns current fees for licensing the sale of tobacco and violations schedule. 

ACTION:  The Executive Secretary was directed to schedule S. McColgan to meet with the BOH at the next possible meeting; and to draft a letter to tobacco merchants that are also licensed alcohol vendors expressing its concern to comply with regulations pertaining to sales of both.  A hearing for Sunny’s Mart, the violator with a third offense, is also to be scheduled.

 

 

 

 

Board of Selectmen, November 22, 2005.

(Board of Health, continued.)

 

NEW BUSINESS:

J. Driscoll provided a summary of the November 17 SWAT meeting.  He reported that the savings due to the new system are strong; that the SWAT is working closely with School Department on school recycling; he had explained to the SWAT the BOH decision to forego the recommendation of providing a free pickup of a bag during the holiday week.

A discussion was held relative to C. Christinson having stated during the SWAT meeting that he had heard from residents that the town’s response to help clean out their basements due to the flooding in October was inadequate. 

ACTION:  The Executive Secretary was directed by the BOH to communicate to the SWAT that any concerns expressed to them should be referred immediately to the Executive Secretary.

J. Driscoll reported that a vendor had approached the SWAT with a proposal to privatize the transfer station and, in turn, offer bulk pickup for a fee.  It was noted that the transfer station is under the jurisdiction of the Board of Public Works.

ACTION:  The BOH will forward a letter to the BPW urging them to meet with that vendor to discuss his proposal.

 

Discussion/Response: Re: Notice from Massachusetts Environmental Protection Agency

(MEPA) – Watchaug Force Main Replacement Project (sewer) – location, Pease Road & Lee 

Street, MEPA site visit Monday, November 28, 2005 at1:30 p.m.  So noted.

 

For Signature, Certificate of Free Sale, W.F. Young, Benton Drive.  Item signed.

 

For approval, application Massage Therapy License, Nicole Place, 14B Elm Street, Monson, practicing at Spa Europa, 60 Shaker Road *

Motion J. Driscoll moved the BOH approve the application.  G. DeLisle seconded.  Motion approved 3-0.

 

Letter from Martylee Caramante, Dog Officer: re: James Street resident dog issue.

ACTION:  The Executive Secretary was directed to advise M. Caramante that that the residents need to petition the BOH to conduct a hearing.

 

For signature, Liquor License (Wine & Malt) East Longmeadow Grille, Laura LaCrosse,  

Owner/Manager, 520 North Main Street.

A discussion was held relative to what the license fee should be since it will only be valid until December 31, 2005.  An amount equal to two months pro-rated will be charged for November and December.

 

CORRESPONDENCE:

Thank you from the Friends of East Longmeadow Public Library.  So noted.

 

Letter from resident, re: Lowe’s.  Item moved to TC.

 

Notification of news release from DPW: re: Knowlton Transfer Station hours.  So noted.

 

 

 

 

 

Board of Selectmen, November 22, 2005.

(Correspondence, continued.)

 

Letters to Legislators,(Lees, Candaras, Rogeness), from Dr. Costa, Superintendent of Schools, re: Chapter 70 funding.  So noted.  

ACTION:  The Executive Secretary was directed to forward the letter to Department Heads recommending they do the same; and to draft a similar letter for the BOS to send.

 

MEETINGS/INVITATIONS/REMINDERS:

Housing Partnership Committee meeting, Monday, November 21, 2005, at 5:30pm, Town   

Hall Hearing Room.  So noted.

 

Public Forum, held by East Longmeadow Dog Officer/Animal Inspector Monday,

November 28, 2005, 6:30pm, Town Hall Hearing Room, re: Town animal By-law discussion. 

So noted.

Agricultural Commission meeting invitation, Tuesday, November 29, 2005, 7pm, Monson   

Free Public Library, Rt. 32, Monson.  So noted.

 

Public Safety Advisory Committee meeting, Tuesday, November 29, 2005 at 6:30pm,

Fire Station, 150 Somers Road.  So noted.

 

Appropriations Committee meeting, Tuesday, November 29, 2005, East Longmeadow Library.  So noted.  G. DeLisle commented that the last Appropriations Committee meeting was televised and he and the BOS had received positive comments; and he encouraged the Appropriations Committee continue to do so. 

Invitation from Chamber of Commerce, annual Government Holiday Reception, Wednesday, November 30, 2005, 5pm-7pm, Carriage House at Storrowton Tavern, West Springfield.  So noted.

 

Town Meeting Rules Committee meeting, Wednesday, November 30, 2005 at7:00pm, Town    

Hall Hearing Room.  So noted.

 

Open Space Committee meeting, Thursday, December 1, 2005, at 7pm, Town Hall Hearing Rm.

So noted.

Invitation, Grand Opening for Mercy Wellness Center, 45 Crane Avenue, Tuesday,

December 6, 2005 5:30pm -7:30 p.m.  The BOS will attend.           

 

Sullivan Hayes & Quinn, Attorneys at Law seminar, Wednesday, December 7, 2005, 8:30am-

12:30pm, Sheraton Hotel, Springfield, re: Management update on the important legal

developments affecting business & governmental workplaces.  So noted.

 

LEPC meeting, Wed., Dec.7, 2005 @ 7pm, East Longmeadow Fire Station, 150 Somers Rd.

So noted.

 

Motion G. DeLisle moved the BOS adjourn.  J. Driscoll seconded.  Motion approved 3-0.  Meeting adjourned at 10:15 p.m.

 

APPROVED:  BOARD OF SELECTMEN MEETING, TUESDAY, DECEMBER 13, 2005.

 

 

Gary DeLisle, Clerk of the Board