MINUTES
Board of Selectmen Meeting
Tuesday, September 26, 2006 at 6:00 P.M.
Town Hall Hearing Room,
PRESENT: James
Driscoll, Chairman, Board of Selectmen (BOS); Gary
DeLisle , Chairman, Board of Health (BOH); Joe Townshend , Clerk of the Board of Selectmen.
Chairman Driscoll called the meeting to order at 6:00 p.m. with the Pledge of Allegiance.
APPOINTMENTS:
6:00 p.m. Thomas Florence, Town Clerk and Sandra
Choquette, Town Accountant.
Ken Goddard, member, Board of Assessors and Peggy Wolcott, Assistant Assessor, were also present for the appointment.
Motion G. DeLisle moved the BOS enter into executive session for the purposes of discussing personnel issues, to return to open session. J. Townshend seconded. A roll call vote was taken, (DeLisle, “Yes”; Townshend, “Yes”; Driscoll, “Yes”). Motion carried 3-0.
6:30 p.m. Susan Lindgren,
Note: The BOS met
with S. Lindgren to discuss the state of her residential property at
The BOS introduced themselves to S. Lingren. J. Driscoll stated that the BOS is concerned with making sure her living situation is safe and is also safe for any public safety personnel that may have to respond. S. Lindgren indicated that from a letter from the Fire Department it appears that only the safety of the emergency responders is of concern. Fred Kowal, Health Agent (HA) spoke to the BOS about the effort he has seen recently with cleanup of overgrowth and vegetation; but that he needs to be able to inspect the interior of the home to address any health or safety code issues that may be there; that there could be issues with cleanliness, electricity, access, etc. The HA did not want to “throw his weight around”; but that he would want to inspect any property like this to the benefit of the occupant.
J. Driscoll invited comments from S. Lindgren. She said that, as a person that pet-sits on occasion, she greatly resented the fact that someone reported an animal in danger to the MSPCA recently; that she feels violated by this whole situation; that she was outraged that someone filed this complaint.
Discussion was held as to who would have made this call and why, but the BOS/BOH made it clear that it did not make that call.
Minutes, Board of Selectmen
September 26, 2006
Appointments, continued
Page 2 of 8
S. Lindgren said that she needed to feel protected if the Town was to have people inspect her property; that she would want an attorney present. The HA said that she had nothing to fear from him, but that he would coordinate a time at her convenience so she could have someone there with her; that his goal was to keep her healthy and safe; that confidentiality would be kept; that fairness and reasonableness is his attitude.
The appointment concluded with
The HA updated the BOS on the situation at 896 Somers Road; that there are underground storage tanks on the property and other issues that need to be addressed as soon as possible; that he and the Fire Department have been in contact with the property owner; that the owner is out of town but expected to come here very soon to deal with these issues, or have them dealt with; that there is to be nobody allowed to live on the property while these conditions exist. The HA and other Departments will continue to keep the BOS updated.
7:00 p.m. Brian Falk: re: MEMA signature.
J. Driscoll noted the 35 years of service to the Fire Department by B. Falk; that his last day on the job was this coming Friday; the BOS thanked him for his years of service.
B. Falk explained that the Local Emergency Planning Committee (LEPC) is submitting an application for full certification. J. Driscoll signed on behalf of the BOS.
7:05 p.m. Fire Chief: Monthly Meeting.
Chief Wallace reminded the BOS that the annual open house at the Fire Department was to be held this coming Saturday from 12:00-3:00 p.m.; that they had displays and demonstrations for senior safety, home safety, police safety table, etc. and that it would be a great event for kids to have fun and learn a lot. J. Driscoll commented that he brought his children last year and that they had a great time he encouraged all to attend.
Chief Wallace recapped the events leading up to a reserve fund transfer request of $4,123.00 to purchase 266 carbon monoxide detectors to distribute to seniors in connection with a $106,320.00 grant the Fire Department had received from the Federal Government to purchase Scott units and related equipment. The Chief explained that when he submitted the final amount purchases to the grantor, which included smoke and carbon monoxide alarms and brackets for the Scott units, the grantor said that the items were not allowed. The grantor presented him with two options: either return $3,908.50, or spend $4,113.42 on fire prevention equipment. The Chief suggested to the BOS that it would make more sense to spend the money and distribute the alarms rather than return the money and get nothing.
Motion G. DeLisle moved the BOS approve the Chief’s request for a reserve fund transfer of $4,123.00. J. Townshend seconded. Motion carried 3-0.
Minutes, Board of Selectmen
September 26, 2006
Appointments, continued
Page 3 of 8
Motion G. DeLisle moved the BOS enter into executive session for the purposes of discussing personnel issues, to return to open session. J. Townshend seconded. A roll call vote was taken, (DeLisle, “Yes”; Townshend, “Yes”; Driscoll, “Yes”). Motion carried 3-0.
Motion G. DeLisle moved the BOS appoint Christopher
Raschilla to the position of full-time firefighter, pending successfully
passing a physical examination and the
J. Townshend seconded. Discussion: J. Driscoll commented that the BOS had two very qualified candidates from which to choose; that the decision was difficult; that the BOS congratulates the Chief on the appointment. Motion carried 3-0.
7:30 p.m. William Farrell AFLAC.
The BOS met with William Farrell and Mike Lamareaux to discuss AFLAC disability, cancer and supplemental accident products. They proposed the town offer these products to employees. The presentation began with a brief history of the company; its stability as a Fortune 500 Company; etc.
W. Farrell explained that there were a number of products that could be offered; that there would be no cost to the town since participation by the employees would be voluntary; that payments are made to the insured and not the provider; that the town would need to administer the program through payroll deductions but that the administration of claims would be through the agent.
Motion G. DeLisle moved the BOS allow for AFLAC to meet with employees to offer its programs. J. Townshend seconded. Discussion: There was discussion that AFLAC would need to coordinate with the School Department to meet with its employees. Motion carried 3-0.
8:00 p.m. Tom Melander, Connect-CTY Demonstration.
T. Melander made a PowerPoint presentation to the BOS about Connect-CTY. The service allows for Town Departments to set up telephone call lists to make announcements to the general public or employees for a variety of purposes. The service mirrors the one currently used by the School Department to reach parents and School Department personnel with messages relating to school issues. T. Melander highlighted the technical capabilities of the company, its call capacity and ran through the steps to use the service. The presentation lasted approximately thirty minutes, with the BOS members asking questions. The presentation culminated with a demonstration whereby a message was sent to the cell phones of the BOS members and the ES.
The BOS suggested that the ES set up a demonstration of the service for the Department Heads and to investigate whether or not there might be grant funding available to pay for it.
8:30pm – Council on
Aging.
The BOS met with Rosalind Clark, Council on Aging Executive Director, and Foy Miller and Leon Osborne of the COA.
R. Clark and the COA members presented to the BOS a plan to fill a full-time 25 hour per week personnel opening with three part-time positions. They presented a written summary and cost-benefit analysis to the BOS. The plan would allow for more staff coverage, but at a lesser cost since there would not be any benefits paid to the part-time positions.
Minutes, Board of Selectmen
September 26, 2006
Appointments, continued
Page 4 of 8
J. Townshend expressed his concern that is looked like it was creating an additional job and questioned whether or not it would really be less costly given step increases. A discussion of the structure of the program continued, with the COA members stating that the savings will be on the hourly rate since the positions will be at a lower rate, and that even at a 3% increase the amount to pay them will still be less because there are no benefits being paid and the steps are lower.
Motion G. DeLisle moved the BOS authorize the proposed plan including the rates and hours.
J. Driscoll seconded out of necessity. Motion carried 2-1, with J. Townshend opposed.
9:00 p.m. Utility
Meeting: Lisa Jasinski of National Grid & residents of
The ES recapped to the BOS that a utility hearing was held
recently and that residents of the
L. Jasinski said to the BOS that it was the utility’s intent and desire to install underground service; that there was concern on the part of residents due to the language used in the abutters notices that referenced poles and wires, but that the utility wants to put in underground service. Discussion was held about a water main in the area that is going in and whether the utility may install conduit in conjunction with that. G. DeLisle brought up issues of trench digging and inspection requirements.
Mike Raschilla,
Robert Wilke of
Motion G. DeLisle moved the BOS approve the petition. J. Townshend seconded. Discussion: It was reiterated by the BOS that this would not be a pole, and that restoration work would need final approval from the Town and to the abutting neighbors. Motion carried 3-0.
APPROVAL OF MINUTES:
Motion G. DeLisle moved the BOS accept the minutes of August 29, 2006 as presented.
J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS approve the executive session minutes of August 29, 2006 as presented. J. Townshend seconded. Motion approved 3-0.
Motion J. Townshend moved the BOS accept the minutes of September 12, 2006 as presented.
J. Driscoll seconded out of necessity. Motion carried 2-0.
Motion J. Townshend moved the BOS accept the executive session minutes of September 12, 2006 as presented. J. Driscoll seconded out of necessity. Motion carried 2-0.
Minutes, Board of Selectmen
September 26, 2006
Approval of Minutes, continued
Page 5 of 8
Motion G. DeLisle moved the BOS accept the minutes of September 14, 2006 as presented.
J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS approve the executive session minutes of September 14, 2006 as presented. J. Townshend seconded. Motion approved 3-0.
BOARD OF SELECTMEN
OLD BUSINESS
Pat Pryor Insurance.
J. Driscoll recapped the presentation given at the previous meeting; that Pryor Insurance is offering auto and home insurance to employees at a discount; that it is voluntary and no cost to the Town; that the administration is done by the company.
Motion G. DeLisle moved the BOS allow Pryor Insurance to meet with employees. J. Townshend seconded. Motion carried 3-0.
NEW BUSINESS
Discussion, upcoming Board of Selectmen meeting dates: Oct. 3 – 23 - 24; Nov. 14. So noted.
For discussion, Regional Board of Selectmen meeting. Date set for November 16.
Draft Letter to the Department of Telecommunications and Energy.
Motion G. DeLisle moved the BOS approve the draft letter. J. Townshend seconded. Motion carried 3-0.
Draft letter to Mr. William Bednarzyck.
Motion G. DeLisle moved the BOS approve the draft letter. J. Townshend seconded. Motion carried 3-0.
BOARD OF HEALTH
OLD BUSINESS
Report from Dog Officer: compliance,
NEW BUSINESS
For approval, application to practice Massage Therapy for
Susan Armstrong, 93A Tolland Avenue,
Motion J. Driscoll moved the BOH approve the application. J. Townshend seconded. Motion carried 3-0.
For approval, Health Establishment License & Massage
Therapy Licenses for Mary Hurley, 12 Poole Road Belchertown and Erin
Prystowski, 180 Highland Road, Westfield.
New owners, Marin Inc., d.b.a., Peoples Massage
Motion J. Driscoll moved the BOH approve the applications of Mary Hurley and Erin Prystowski. J. Townshend seconded. Motion carried 3-0.
For signature: W. F. Young Certificate of Free
Item signed by G. DeLisle.
Minutes, Board of Selectmen
September 26, 2006
Board of Health, New Business, continued
Page 6 of 8
Update from the Dept. of Public Health re: Suspension of Routine Arbovirus Surveillance. So noted.
CORRESPONDENCE:
Letter from
The ES to ask for a response from DPW.
Letter from Bay State Gas re: decrease in natural gas costs. So noted.
Thank you letter from Dr. Costa to Chris Graziano, re: Family Caribbean Festival.
J. Driscoll announced that the event raised nearly $20,000. The BOS to send a letter of appreciation.
Letter from Police Chief, re: updates in Police Department. So noted.
E-mail from Michael Thompson, Nation Grid, re: new basic service rates. So noted.
MEETINGS/INVITATIONS/REMINDERS
All items noted.
Public Safety Advisory Committee Meeting, Thursday, September 28, 2006, at 6:30PM, East Longmeadow Police Station, 160 Somers Road.
Correspondence from Emergency Management Agency, COOP
(Continuity of Operations Planning) workshop, Monday October 2, 2006 for MEMA
Region # HQ, at
Tax Classification Levy, Tuesday, October 3, 2006 at 6pm, East Longmeadow Library Community Room.
Meeting Cable Advisory Committee and Local Access Cable Committee, Wednesday, October 4, 2006 at 6:30pm, Town Hall in Selectmen’s Meeting Room.
Community Preservation Meeting, Wed., October 4, 2006 at
7:00pm,
Open House Fire Department , Saturday, October 7, 2006, 12
p.m. to 3:00 p.m.,
Special Town Meeting, Monday, October 23, 2006 at 7:00pm.
Free computer recycling, one day event, with a donation of
an unwrapped children’s holiday gift for a local charity, at Springfield
Materials Recycling Facility,
TOWN COUNSEL
OLD BUSINESS
Police Department
(appeal).
TC explained that a civil service appeal was filed on the recent police appointment; that it would proceed through normal process; and would probably be in about 4-6 months.
Minutes, Board of Selectmen
September 26, 2006
Town Counsel, Old Business continued
Page 7 of 8
J. Townshend asked how the process was handled, what would happen if the appeal was upheld? TC said that the commission has wide latitude; that in his experience if a commission felt that a hire was made incorrectly that often times the candidate making the appeal would be placed at the top of the list for the next opening for the purposes of consideration; but that in this case where it appears that candidates were equally qualified many times a commission would not overturn the decision of the BOS.
Dog Officer.
The ES reported that Dog Officer had tendered her resignation as of October 12; and whether he should send out for advertising. Discussion was brought up that Town Meeting will consider funding for the position, that the rate of pay may change.
The ES was directed to ask the Dog Officer is she would be willing to extend her time until after October 23; and to speak with the Alternate regarding coverage. TC was asked about liability and advised that it was a performance issue, not a liability with regards to coverage.
IT Director Position. Item moved to executive session.
Sick Time Donation.
TC referred to opinion provided by Attorney Hayes regarding sick banks and sick time donation. J. Driscoll referred to a letter from the ES and the AES requesting the BOS allow them to donate four weeks of time to an employee in the BOS Office.
Motion G. DeLisle moved the BOS allow the ES and the AES to donate time as requested. J. Townshend seconded. Discussion: G. DeLisle suggested that the BOS get some opinions from Department Heads; that the BOS look at possibly setting a policy; that there is a need to set a limit. J. Driscoll suggested that the Personnel Policy Committee consider the matter and come back to the BOS with recommendations. Motion carried 3-0.
Compensatory Time.
A discussion was held relative to establishing a policy for compensatory time; to have Department Heads under the Board of Selectmen verify their time; how it is gained; how it is used; to ask other elected boards how their Department Heads do so. TC advised that it would be worth having an agreed upon policy among all boards.
J. Townshend read a response letter from Chief Mellis on the issue, indicating that he does not have anything in his contract that states he is eligible to accrue compensatory time. He said that he would consider Department Heads salaried positions without compensatory time; that it needs to at least be tracked.
IBPO Negotiations. Item moved to executive session.
NEW BUSINESS
For discussion, American Medical Response Contract.
The ES to work with the TC.
Minutes, Board of Selectmen
September 26, 2006
Town Counsel, New Business continued
Page 8 of 8
For discussion:
Letter from Mark & Lisa DiFranco,
J. Driscoll referred to the letter from the DiFranco’s. He said he had no interest in discussing this offer; that the Town, (through the Community Preservation Act), is seeking to acquire open space, not sell it.
For discussion:
Warrant Articles for Special Town Meeting.
The ES will meet with TC to develop the Warrant.
Opinion letters to
Planning Board from Town Counsel.
TC referred to opinions he provided to the Planning Board
regarding zoning at
Liquor License Order
of Attachment.
J. Townshend brought up discussion regarding the order of attachment served on the liquor license for Simone’s restaurant. TC advised that if the license is not renewed upon expiration it would revert back to the Town; that if it was not renewed the business could reapply for it upon the discretion of the BOS; that if the business is not in operation, the BOS could bring the owner in for review.
J. Townshend said that if the Town is going to consider a Warrant Article at the Special Town Meeting asking the legislature to file for another liquor license based on current population, shouldn’t the BOS find out first if this business is going to continue? More discussion was held relative to options to take the license and whether or not it made sense to do so at this time. No action taken.
Motion G. DeLisle moved the BOS enter into executive session for purposes of personnel issues involving contractual issues, to return to open session for purposes of adjournment. J. Townshend seconded. A roll call vote was taken, (DeLisle, “Yes”; Townshend, “Yes”; Driscoll, “Yes.”)
Motion G. DeLisle moved the BOS adjourn the meeting. J. Townshend seconded. Motion carried 3-0.
Meeting adjourned at 9:45 p.m.
Minutes respectfully submitted by
APPROVED: BOARD OF SELECTMEN’S MEETING, TUESDAY,
NOVEMBER 14, 2006.