Minutes

Board of Selectmen Meeting

Tuesday, March 15, 2005

East Longmeadow High School*

180 Maple Street

East Longmeadow, MA 01028

 

*Note:  The Board of Selectmen (BoS) convened at the High School so it could attend the lecture given by Ms. Maria Trozzi in the High School Auditorium.

 

PRESENT:  Gary DeLisle, John Claffey, James Driscoll.

 

G. DeLisle, Chairman of the BoS, called the meeting to order at 6:00 p.m.

 

APPOINTMENTS:

 

6:00 p.m.  Acting Chief Niznik. 

Acting chief Niznik held a discussion of his memo on protective vests; he is looking for 45-50% reimbursement, but it’s “a ways away”; he has a product in mind that he likes but he will leave it for incoming Chief Mellis to make the decision.  Acting Chief Niznik continues to look for funding sources for this and other needs.

 

Discussion of 3/30/05:  This is the date of the swearing-in ceremony for Chief Mellis. N. Breault to send out invitations to guests provided by Chief Mellis.   J. Claffey discussed preliminary agenda for the ceremony; wording of invitations to officials; and keep the speaking program brief since it’s in the evening hours.  J. Claffey suggested that Hampden County District Attorney William Bennett be invited as the guest speaker and the BoS agreed with the suggestion (without taking a vote.)   

There was further general discussion about the particulars of the ceremony e.g. speaking order, oath, securing of facility, press releases, refreshments, ELCAT, etc.

 

At this time, a motion was made by J. Claffey and seconded by G. DeLisle to enter into Executive Session with Acting Chief Niznik. A Roll Call vote was taken with Selectmen voting unanimously in favor to enter into Executive Session to discuss personnel issues, contract issues and potential litigation.  The BoS voted to reconvene the meeting to open session upon completion of the Executive Session.

 

6:30 p.m.  The meeting reconvened in open session.

 

OLD BUSINESS

 

  1. Approval:  Site Plan and Definitive Plan, great Woods VIII & IX:  The BoS had general discussion about a proposed cul-de-sac. J. Claffey motioned to approve the site plan; G. DeLisle seconded.

The BoS approved unanimously.

 

 

(BoS 03/15/05)

 

2.      Approval of DPW recommendation:  Site Plan, Raker Realty LLC—2A Deer Park Drive:  J. Driscoll motioned to approve DPW’s recommendation; G. DeLisle seconded. 

The BoS approved unanimously.

 

NEW BUSINESS

 

  1. Kelly & Ryan proposal to administer Town Parking Tickets:  G. DeLisle reminded the BoS that Sally Basile was the Town Parking Clerks while she worked in the BoS office and that the Town Clerk/Treasurer/Collectors office has agreed to assume these duties since she has retired.  The BoS held a general discussion of the Kelly & Ryan proposal as outlined in their letter. The BoS discussed the number of tickets the Town gets per year; G. DeLisle said according to Town Clerk T. Florence the number is maybe 10 tickets per month; J. Claffey reported that Acting Chief Niznik confirmed the Town writes maybe 150 per year. J. Driscoll motioned to not employ the services of Kelly & Ryan to collect or otherwise administer the Town’s parking tickets.  J. Claffey seconded the motion not to approve. 

The BoS voted unanimously not to hire Kelly & Ryan.

 

  1. Reminder quote to print the Charter Review question and election ballot for the 3/18/05 edition, as required by M.G.L.:  J. Driscoll motions to accept the quote; J. Claffey seconded.  The BoS voted unanimously to approve the quote for the Charter insert in the Reminder.

 

  1. Request for One Day Liquor License and Raffle Permit by Ann Dalton for a fundraising night on behalf of the East Longmeadow High School Lacrosse Team:  J. Driscoll motioned to approve; J. Claffey seconded.  The BoS voted unanimously to approve the license and permit.  J. Claffey motioned to waive the license fees since this is for a non-profit; J. Driscoll seconded.  

The BoS voted unanimously to approve the waiver of license fees.

 

  1. Letter requesting replacement of sign at Porter and Markham Roads:  The BoS voted unanimously to approve the placement of the sign if it was there previously.   If the sign was not there then the BoS requests the Safety Officer look review it and make recommendations. 

 

  1. The BoS rescheduled upcoming meetings:  4/12 is now 4/5; 5/10 is now 5/17.

 

  1. Senator Lees’ event: J. Driscoll can represent BoS on morning of 3/29 for presentation of Flags.

 

  1. Library Teen Advisory Board Fundraiser request: 

The BoS approved the request, pending notification of date and time.

 

  1. Brownstone Gardens request for an appointment:  The BoS will schedule for 3/29.  N. Breault to ask how much time they need and coordinate.

 

  1. DPW traffic count request: 

The BoS approved the request.

 

 

(BoS 03/15/05)

 

  1. The BoS noted resignations to the Council on Aging Board and will send letters of gratitude for service given.  The BoS will consider applications for vacancies.

 

  1. The BoS noted and signed a correction sheet from the DPW regarding Chapter 90 funding.

 

  1.  The BoS noted and approved names submitted by the American Legion for participation in the Memorial Day observance.  N. Breault to get names of those East Longmeadow citizens who have been designated KIA.

 

BOARD OF HEALTH (BoH)

 

1.                  Employee Flu Clinic 2005:  N. Breault to contact Dr. Lemanski for assistance.  N. Breault gave an update on how the school nurse is helping to coordinate the program so that the employee program is separate from the Council on Aging program.

 

2.                  The BoH noted the email sent from S. McColgan, Tobacco Compliance Coordinator.

 

3.                  BoH computer class offerings:  J. Claffey said to offer them to L. Banspach as Clerk of the BoH.

 

4.                  The BoH noted correspondence and invoice from the Tobacco Control Grants Administrator.  The BoH approved the suggested press release.

 

 

REMINDERS/MEETINGS/INVITATIONS

 

  1. Open Space Committee 3/24/05:  Noted.

 

  1. New Officials Forum 6/3/05:  Noted; G. DeLisle suggested N. Breault attend.

 

  1. Long Range Planning 3/17/05: Noted.

 

6:55 p.m.  The BoS closed the meeting at this time with a motion from J. Driscoll and seconded by J. Claffey; approved unanimously; to attend the lecture by Ms. Triozzi.  The BoS voted to reconvene at 8:00 p.m., or the completion of Ms. Trozzi’s presentation.

 

8:30 p.m. The BoS reconvened the Meeting.

 

 

APPOINTMENTS, Continued:

 

8:30 p.m.  Martylee Caramante, Dog Control Officer/Animal Inspector for the Town.

M. Caramante and her invited guest Veronica Johns from the Special Committee on Vicious Dogs in the City of Springfield addressed the BoH regarding a proposal to adopt By-laws pertaining to tethering of dogs and general abuse of animals.

 

M. Caramante explained to the BoH that she encounters many situations where dogs are left tied to a “fixed point tether” for extended periods of time.  She referred specifically, for example, to

 

(BoS 03/15/05)

 

an animal tied up at 169 Elm Street.  Numerous complaints have been made by residents regarding this dog being tied to a fixed point outside all the time; that it constantly barks at children passing by;

 

that when she confronted the owners about keeping the dog tied constantly in all kinds of weather the owners apparently responded by shortening the length of chain the dog is tied to; how there is a

history at this address of at least one other dog in similar circumstances with the same owners at this location that was euthanized in the recent past.  She said that she and others have concerns that this particular dog could break free and because of having been constantly tethered exhibit aggressive behavior to schoolchildren or the public at large.

 

M. Caramante stated that keeping a dog tethered to a fixed point for extended periods of time leads to aggressive, anti-social behavior in the animal.  She cited some of the articles and nationwide examples of animal attacks that she provided to the BoH for its consideration where extended tethering and other acts of animal mistreatment and negligence are believed to have contributed to vicious behavior.  She cited a growing trend of communities adopting tethering restrictions on dogs to reduce these behaviors with the goals of fostering better treatment of animals and improving public safety. 

 

M. Caramante proposes the Town adopt By-laws to regulate the treatment of dogs, especially regarding “fixed point” restraint; allowing for perhaps a “trolley type of restraint”, or runner; that amount of time tied to and length of tether be regulated; that consideration of fixed point restraint be eliminated altogether.

 

M. Caramante proposed considering expanding the authority of the Dog Officer/Animal Inspector to be able remove from danger dogs that appear neglected.  She showed the BoH a picture of a Shepard puppy in Town that was roped in a mud puddle, unable to get out of the puddle in the rain barking all day but she did not have authority to take the dog from the property.  She called the MSPCA in that situation but they were unable to respond because they were very busy.  She told the BoH that when she returned that evening with a police officer the dog was inside.  She thinks there ought to be more specific laws that will give the Dog Officer the right to impound dog if it’s left out in cold or inclement weather for extended periods, or if its barking all night, etc.

 

V. Johns said she came to offer support and experience as she has encountered many of these issues while serving on the Vicious Dog Committee in Springfield.  She said it’s not so much the breed of the dog that can spur aggressive behavior, but rather what their environment is:  If they are left on a chain unsupervised; left alone without socialization; if it is abused or neglected that it is more likely to be aggressive.  She offered to come back anytime M. Caramante asks her.

 

The BoH thanked M. Caramante and V. Johns for bringing these matters to its attention.  There was general commentary about keeping animals and, in turn the public, safe.  The BoH said it will review the materials and consider the proposals for By-laws with Town Counsel (TC).

 

 

8:46:  James Sheils, Town Moderator (TM) and James Donahue, Town Counsel (TC.)

J. Sheils and J. Donahue met with the BoS to discuss matters pertaining to how Articles can be presented on the Floor during Town Meeting.  Specifically, the BoS wanted to know if a single Article can be presented in such a manner that if the “First Version” of the Article is voted down can a second version—without certain provisions of the First Version—can be presented.  The question stems form the Long Range Planning Committee’s desire to present a combined Article with a

(BoS 03/15/05)

 

solution for a Community Center, School Classroom Space, Town Hall expansion, or other Long Range needs.  This is akin to an “a la carte” approach.

 

J. Donahue said that he thinks that if an original motion were defeated then you could have a motion to separate the two requests and he thinks it could be done, but it’s more dependent on how the Town deals with the original Article.  He asked what happens if, for example, if G. DeLisle votes for a motion and it gets defeated could he put it up for a motion again?  J. Sheils said there is no clear reference in Roberts Rules so G. DeLisle could present it again.

 

G. DeLisle said he believe the School and Senior Center Study Committees are going to pull their separate Articles; but speaking with Town Accountant Sandra Choquette today he explained there may be a problem because the Capital and Appropriations Committees may have questions are about how one part of an Article can be subject to debt exclusion and one is taxation.

 

J. Sheils said he attended a Town Moderator seminar last year and he learned how one town has local cable access tape and used it to create explanatory presentation of the Articles on a Warrant; not to push votes one way or another, but to allow for it to be played for the public prior to the meeting; there are several things he’d like to educate the Town on certain procedures to make the process (of Town Meeting) more user-friendly; he’d like to use ELCAT for this.  J. Driscoll said he thinks it’s a great idea; he thinks it’s been done in the past for an override or when Elmcrest had an issue that we now have a fulltime coordinator for ELCAT it would be good. G. DeLisle said that this is an idea that has come up during meetings of the Long Range Planning Committee.

The BoS encouraged J. Sheils to contact ELCAT and pursue it.

 

 

 

The meeting adjourned from Executive Session at 9:17 p.m., as noted in Town Counsel and recorded in Executive Session Minutes.

 

 

APPROVED:  BOARD OF SELECTMEN MEETING, THURSDAY, MAY 26, 2005.

 

 

 

Gary DeLisle, Clerk of the Board