MINUTES
BOARD OF SELECTMEN
Tuesday, May 23, 2006, at 7:00 p.m.
Town Hall Hearing Room,
PRESENT: James Driscoll, Chairman, Board of Selectmen;
Chairman Driscoll
called the meeting to order at 7:00 p.m. with the Pledge of Allegiance.
APPOINTMENTS:
7:00 p.m. Martylee Caramante, Dog Officer.
M. Caramante discussed her observance of dogs on leashes in
M. Caramante requested a policy in writing regarding dogs in the park. J. Driscoll instructed
M. Caramante to work with the Police Chief on the issue.
M. Caramante reported on a situation that occurred on May 8
when two dogs on
M. Caramante advised the owner that she could not abandon
the dogs and that she still had responsibility for payment of fees that have
been accrued, and that the Town still paying $17.00 per day to keep the dog at
J. Driscoll advised M. Caramante that the Board of Selectmen (BOS) would follow up with Town Counsel.
M. Caramante brought up discussion about comments she had heard about from others made by the BOS at a previous meeting. Discussion was held regarding the comments and whether there was a discrepancy about what was actually said versus what was meant. Discussion was held about the financial situation to fund the Dog Officer position and the need to get acceptance from the Attorney General about the new fee structure voted on at Town Meeting; that is should be forthcoming and would help the situation. J. Driscoll expressed support and gratitude for the work that M. Caramante is doing.
Minutes, Board of Selectmen
May 23, 2006
Appointments, continued
Page 2 of 8
7:30 p.m. Police Chief, Monthly Meeting.
J. Driscoll began the appointment by inviting Chief Mellis
to discuss his recent experience in
by officers from around the nation, and that many dignitaries including President Bush and his Secretaries participated in the observances. J. Driscoll lauded Chief Mellis for his efforts and presence locally, statewide and nationally on behalf of the Town.
Chief Mellis gave the BOS a progress report on the hiring of the new officer; that he is working with the Human Resources Division (HRD) at the state level on the model plan for the psychological evaluation. Chief Mellis told the BOS that the Town had not made a civil service appointment since 2000 and that doing a model program is a necessity, and will also make things smoother for future appointments.
Chief Mellis reported on two reports of raccoon bites; that they were about 45 minutes apart and in the same area; that both victims being treated for rabies.
Chief Mellis said he wants to develop an awareness program; that he will work to get information in the papers to alert residents.
J. Driscoll brought up discussion about interest in sitting
down with neighboring Chiefs to share information; to eventually sit with the
new Commissioner in
Chief Mellis said there had recently been an increase in car-breaks; that he stressed to citizens the importance of locking their cars.
Chief Mellis recapped the recent Internet safety program.
Chief Mellis reported on the apprehension of the suspect
from the recent incident at the Big Y supermarket; that security cameras were
helpful tools in this situation and could be in others; that they would not
replace a police officer, but could be valuable. There was discussion of placing cameras in
Chief Mellis reported that the Police Station was recently vandalized with paintballs.
Discussion between the Board and Chief Mellis then turned to
the issue of people walking their dogs on leashes in
Minutes, Board of Selectmen
May 23, 2006
Appointments, continued
Page 3 of 8
8:00 p.m. Interview, Michael O’Shea, Vacancy, Recreation Commission.
J. Driscoll invited M. O’Shea to tell the BOS why he is interested in serving on the Recreation Commission. M. O’Shea said that he has been involved with the Recreation Commission as a coach; that he believes it is a very good department; that he wants to be more involved. G. DeLisle asked if he would be able to make the meetings, since they are generally held once a month in the evenings and M. O’Shea said that he can make the commitment; that it wouldn’t be fair to the other Commission members if he didn’t show up.
Motion G. DeLisle moved the BOS appoint Michael O’Shea to the Recreation Commission.
J. Townshend seconded. Motion carried 3-0.
8:10 p.m. Interview, Linda Kern, Vacancy, Historical Commission.
J. Driscoll invited L. Kern to tell the BOS why she is interested in serving on the Historical Commission. L. Kern explained that she has been attending the Commission meetings for over a year; that her interest began when she had wanted to bring some Boy Scouts to the Norcross House for a visit but could not at the time because it was in disrepair; that she has since “fallen in love” with the Norcross House. She discussed her work with High School students with regards to Town history; that the students and the history teachers have been great; that she would like to increase student participation in Town history.
Motion G. DeLisle moved the BOS appoint Linda Kern to the Historical Commission. J. Townshend seconded. Discussion: J. Driscoll stated that, “The Town was lucky to have you.”
Motion carried 3-0.
8:30 p.m. Sandra Wrona, Council on Aging employee; Attorney John Connor; Rosalind Clark, Council on Aging Director.
Motion G. DeLisle moved the BOS enter into executive session for the purposes of personnel issues, to reconvene in open session. J. Townshend seconded. A roll call vote was taken, (DeLisle, “Yes;” Townshend, “Yes;” Driscoll, “Yes.”) Motion carried 3-0.
APPROVAL OF MINUTES:
April 4, 2006
Motion G. DeLisle moved to approve the minutes of the meeting of April 4, 2006;
J. Driscoll seconded out of necessity. Motion carried 2-0.
Motion G. DeLisle moved to approve the minutes of the executive session of April 4, 2006.
J. Driscoll seconded out of necessity. Motion carried 2-0.
April 25, 2006
Motion G. DeLisle moved to approve the minutes of
the meeting of April 25, 2006. J.
Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved to approve the minutes of the executive session of April 25, 2006.
J. Townshend seconded. Motion carried 3-0.
Minutes, Board of Selectmen
May 23, 2006
Old Business, Board of Selectmen
Page 4 of 8
BOARD OF SELECTMEN
OLD BUSINESS:
Transfer of licensing duties, Town Clerk.
The BOS discussed the request of the Town Clerk to transfer certain licensing administrative duties to the BOS Office. G. DeLisle said he thought it was a good idea, but brought up discussion of the timing of moving the duties; that he would rather wait for MUNIS to be implemented; and have the BOS staff back up to snuff, since the employee that oversees a lot of the licensing is out.
NEW BUSINESS:
For approval: a) One Day Liquor License, beer & wine; b) Temporary Food Service Permit.
Hasbro Employee Association, 443 Shaker Road, Family Fun Outing, Saturday, June 10, 2006 from 11am-4pm.
Motion G. DeLisle moved the BOS approve the requests; J. Townshend seconded. Discussion: G. DeLisle stated the approval is pending per receipt of a certificate of insurance. Motion carried 3-0.
For approval: a) One Day Liquor License, beer & wine; b) Temporary Food Service Permit; c) Entertainment; d) 2-3 Tents; e) reports from Building, Fire, DPW, Health, Police, and Recreation Requested by Chris Graziano, on behalf of the East Longmeadow Endowment Fund Committee, Family Picnic, Sunday, September 10, 2006, from 1:00pm-7:00pm, Center Field.
G. DeLisle referenced a letter from the Massachusetts Interlocal Insurance Association, (MIIA), the Town’s insurance carrier, in particular that the Town be named as an insured on the insurance of the event organizers and that there be a proper amount of insurance, especially if alcohol is to be served at the event. G. DeLisle also referenced the recommendations of the Town Departments, and that they all recommended approval for the event, pending the following of their conditions. G. DeLisle also suggested the BOS consider waiving of permit fees since this is a non-profit organization.
Motion G. DeLisle moved the BOS approve the request of the Endowment Fund Committee, pending that all recommendations of the Town Departments be followed and the receipt of the certificate of insurance; and to waive all fees. J. Townshend seconded. Motion carried 3-0.
For Approval: Request from Kathy Lavoie, use Center Hill property for graduation party.
Discussion was held relative to the request to use a portion of the Center Hill Property by K. Lavoie; to set tables and a tent for dining for a graduation party. A letter from MIIA recommended against allowing the request, but if the Town chose to do so, it should at least require a certificate of insurance.
Motion G. DeLisle moved to approve the request, upon receipt of a certificate of insurance.
J. Townshend seconded. Motion carried 3-0.
For approval: adding one countertop ION Trivia Game, removal of pinball game and replacing with Silver Strike Bowler, request from, Manuel Coelho, Manager Club Meadows, 621 North Main Street.
A brief discussion was held about the procedure to approve the replacement; that the Police Department conducts the on-site inspection.
Motion G. DeLisle moved the BOS approve the request. J. Townshend seconded.
Motion carried 3-0.
Minutes, Board of Selectmen
May 23, 2006
New Business, Board of Selectmen
Page 5 of 8
For review; Connect-CTY.
BOARD OF HEALTH
OLD BUSINESS:
For review; Flyer on Blunts.
Discussion was held about the last meeting with Sarah McColgan, the Town’s Tobacco Compliance Coordinator; that it was thought it would be good for the BOH to see this informational flyer aimed at tobacco merchants to educate them about cigar-like products known as “Blunts.”
Motion J. Driscoll moved that a letter with the flyer be sent to all tobacco licensees. J. Townshend seconded. Motion carried 3-0.
Letter from Clifford Kruger, D.V.M., re: results rabies clinic.
The letter was noted; the clinic was very successful; the Dr. is retiring and sent suggestions as to who to contact to see if they would be interested in assisting the Town next year.
The ES to send letters to Dr. Kruger thanking him for his help; and to the recommended agencies.
NEW BUSINESS
Request Rotary Club; Temporary Food Service Permits for the Summer Concerts; June 28 through August 16, 2006 from 5pm-9pm.
G. DeLisle noted that this request is approved every year; but that the letter of approval must include the condition that an announcement be made prior to each concert that no smoking is allowed.
Motion J. Driscoll moved the BOH approve the request, that the no smoking announcements be made, and to waive all permit fees. J. Townshend seconded. Motion carried 3-0.
For discussion, request from the Solid Waste Advisory Team, (SWAT); re: Porter Road Kennels.
The ES reported to
the BOH that there was a misunderstanding on the part of the Kennel with
regards to the proper way to dispose of its recyclables; that they had been
placed in bags for recycling pickup. The
business now understands that recyclables must be in containers; and the
business has come in to obtain several recycling stickers for its
containers. The ES will follow up with
the hauler and the business.
Minutes, Board of Selectmen
May 23, 2006
New Business, Board of Selectmen
Page 6 of 8
CORRESPONDENCE:
Letter from Robert Spain, Director of Government Relations, regarding changes made to the Charter Communications channel lineup.
Item noted. The ES to forward copies to the Cable
Committee members.
GD mentioned the two
most important issues are price and line-up the Town has no negotiating
authority on either issue.
MEETINGS/INVITATIONS/REMINDERS
All items noted
Memorial Day Observance, Monday, May 29, 2006,
SWAT Meeting, cancelled for Thursday June 1, 2006, re-schedule date Wednesday, June 7, 2006 @ 7pm, East Longmeadow Library.
Regional Selectmen’s Meeting, Thursday, June 15, 2006 @ 7pm,
Town House Hampden,
TOWN COUNSEL:
OLD BUSINESS:
For discussion,
TC needs to know the history of the proposal and what is the next step; wants to know if the Town land is necessary for the project; the Town would need to put the property out to bid; even if sold for an amount close to the appraised value or if Brownstone was granted an easement it is still conveying land for pay so bids would need to be done.
The ES to get back to Mr. Carr and the Planning Board Administrator to explain that there are unanswered questions; and to set up a meeting between Mr. Carr and the various Boards and Departments that have input.
Street Taking: Fees.
TC’s understanding was that BPW was in favor of paying for the recordings, but is now not.
Discussion was held about taking steps going forward to avoid this situation. The ES to determine the amount of money needed to pay for the outstanding recordings; obtain a list of issues that will need to be addressed once taken; and determine whether a reserve-fund transfer would need to be applied for.
For discussion, annual letter to unlicensed dog owners.
TC and the BOS reviewed a draft letter to be mailed to all dog owners that are listed as having an unlicensed dog.
NEW BUSINESS:
Board of Selectmen policies.
A discussion was held relative to the receipt and opening of mail addressed to the Board of Selectmen. TC advised that BOS members may open mail addressed to them individually and, if it is of a personal nature, then it is not a public record; but if the mail is related to the BOS member’s position as a public official, then it does become part of the public record. The consensus of the
Minutes, Board of Selectmen
May 23, 2006
New Business, Town Counsel
Page 7 of 8
discussion was that a member of the BOS has the right to open their mail received in the office as long as the mail that is related to the business of the BOS is then made part of the public records.
A discussion was held relative to Town Counsel’s status as the official Counsel for the Town; that legal issues should be reviewed by TC for recommendations to the BOS; that individual members of the BOS, or the BOS as a whole, may want to seek other legal counsel on these issues if there are concerns about TC interpretations. The consensus of the discussion was that TC is the official legal counsel; that he would be consulted first; and that the BOS members reserve the right to obtain other opinions.
A discussion was held relative to the status of the Criminal Offender Record Information, (CORI), certification of the BOS. J. Townshend reported that he had contacted the CORI office directly on May 4, and found that the BOS certification had expired on March 23; that he then reinstated the BOS’ agency certification; and had himself certified as an individual. J. Townshend reported that not all individual members of the BOS were currently certified.
The ES to check on the certifications.
A discussion was held regarding computers and police scanners for use by the BOS. J. Townshend discussed how inventory of all property is supposed to be kept up to date. He wanted to know the whereabouts of police scanners that had been issued to previous members of the BOS; J. Driscoll indicated he had never been issued a scanner. G. DeLisle indicated that he had had a scanner, but it had been returned. The ES will follow up with the Police and Fire Chiefs to see what they know about scanners issued to the BOS.
J. Townshend reiterated the by-law requiring inventory over a certain dollar amount needs to be kept up to date; G. DeLisle stated that he believed that this information is up to date, as the Town has complied with the GASB requirements in recent years.
J. Townshend inquired as to the whereabouts of a laptop
computer that had been used by former Selectman
Building Inspector appointment.
TC summarized a local option statute whereby a Town may appoint a Building Inspector for a three year term. TC noted that the option had not been adopted by Town Meeting, and is not one that could be formally recognized by the BOS under the statute at this time.
Request for approval from Jason Alexander & Carmen
Smith, owners Hebert Candies & Creamery,
b) Portable ice cream freezer, across from Leahy Fields; and relative Planning Board e-mails.
TC advised that more information was needed as the request did not indicate if it was for a change in name or corporation; is it a new company? The ES to inform them of the need for more information; to advise them that the ice-cream kiosk is not allowed; and to contact the Planning Board regarding other issues.
Minutes, Board of Selectmen
May 23, 2006
New Business, Town Counsel
Page 8 of 8
Tax Title Staff.
Discussion was held relative to a request from Sandra Choquette, Town Accountant, to have an employee from the Assessors Office to help with filing of Tax Title forms; that the employee had experience in this area and would be willing to do it if overtime could be paid; and that the state DOR would allow the Town to transfer any unused funds between departments to cover the cost. TC advised the BOS to consider whether or not there is someone in the Treasurer’s office who is willing and qualified to do the work; whether or not there are union issues regarding overtime and seniority; and that the BOS should get something in writing from someone at DOR indicating the policy of allowing monies between town budgets to pay for year end bills (as stated by S. Choquette), so that there is documentation to support any action the Town might take in that regard.
Items carried over from Dog Office Appointment:
Discussion was held relative to the Miller dog and how the Town is paying for it to be housed and will continue to do so until the owner picks it up. TC advised the BOS that the cleanest way to end the situation is for the owner to authorize the kennel to clear the dog, so that it could be brought to the MSPCA; that perhaps the ES on behalf of the BOS could call the owner directly and explain the situation to her. TC said that the owner is ultimately responsible for all charges incurred by the Town. The ES will follow through on the situation.
A brief discussion was held relative to dogs on leashes in Town Parks. Questions about what the rules and regulations of the BPW; whether if leashed they need to leave; and clarifying that the Dog Officer is not the enforcing agent if leashed dogs are not allowed were issues discussed. TC to work with the Police Chief.
Motion G. DeLisle moved the BOS enter into executive session for discussion related to personnel 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 carried 3-0.
Motion G. DeLisle moved the meeting be adjourned. J. Townshend seconded.
Motion carried 3-0.
Meeting adjourned at 10:30 p.m.
APPROVED: BOARD OF SELECTMEN’S MEETING, TUESDAY, JUNE
13, 2006.
James D. Driscoll,
Chairman of the Board of Selectmen