MINUTES
BOARD OF SELECTMEN
Tuesday, June 20, 2006, 7:00PM
Town Hall Hearing Room,
PRESENT: James D. Driscoll, Chairman, Board of
Selectmen;
Chairman Driscoll called the meeting to order at 7:05 p.m. with the Pledge of Allegiance.
APPOINTMENTS:
7:00 p.m. P. Robert Wallace, Fire Chief, monthly meeting.
Decision, personnel.
Item moved to executive session.
Firefighters’ Service Awards.
Chief Wallace explained to the BOS that the Massachusetts Firefighter Service Awards are presented to firefighters with over twenty years of service in 5 year increments. The BOS recognized the following firefighters for their service: Chief P. Robert Wallace, 35 years of service; Captain Brian Falk, 35 years of service; and Captain Richard Brady, 30 years of service.
J. Driscoll noted that the three have one-hundred years of service between them, and that the Town is well served by them.
Firefighter retirement notification & procedures.
Chief Wallace referred to a letter he wrote to the BOS
indicating that B. Falk will be retiring this year, with September 30 his last
day on the job, and October 31 his last day on the payroll; he lauded him for
his career, and said he has a lot of big voids to fill since he was involved in
many aspects of the Department. The
Chief then laid out the procedures to work with the applicants he has; the
timing for fire academy in
Renewal for signature, Federal Excess Personal Property Cooperative Agreement.
The Chief highlighted the provisions for the renewal of the grant; the Chairman signed it.
Correspondence from Fire Chief.
Attending NE Association of Fire Chiefs convention in
The Chief reported that he expected a good turnout of firefighters for the 4th of July parade; that Engine One is on standby for the fireworks.
Minutes, Board of Selectmen
June 20, 2006
Fire Chief, continued
Page 2 of 9
J. Driscoll recapped the Flag Day ceremony and thanked the Chief and the Department for their participation.
G. DeLisle inquired about the FY 2006 budget. The Chief reported that there will be approximately $25,000.00 in surplus returned to the General Fund, mainly because the Department is no longer paying an injury claim.
Motion G. DeLisle moved the BOS enter into executive session for the purposes of personnel issues, to return to open session. J. Townshend seconded. A roll-call vote was taken, (DeLisle, “Yes;” Townshend, “Yes;” Driscoll, “Yes.) Motion carried unanimously.
7:30 p.m. Doug
Mellis, Police Chief, monthly meeting.
Towing vendors.
Chief Mellis recapped the policy that is in place to appoint the towing vendors; that he has added a third towing firm that had inquired late last year. He reported that he has paperwork from two vendors, but is still waiting for the paperwork from the third.
J. Townshend questioned the Chief as to why he was waiting for the third vendor; that the Chief has two for approval and that the BOS should just approve the two that he has. The Chief reported that the applications have not been out that long; that he expects the third to come back soon, that he will follow up on that.
A vote on the towing vendors was tabled.
Park Rules & Enforcement.
Chief Mellis reported to the BOS relative to the rules regulating dogs in East Longmeadow parks; that they can be in the parks as long as they are leashed; if not leashed they are to be picked up if possible; that there are rules that the Board of Public Work, which oversees the parks, adopted in 2003; that he believes that non-civil tickets can be issued; and that he will inform the rank and file in the Department of this information; and inform the public via a press release.
G. DeLisle commented that a verbal warning from an Officer to a dog owner should suffice in most cases.
Rabies Procedures: Chief referred to policies adopted by the BOS in 1993 outlining the procedures and responsibilities with regards to rabid or suspected rabid animals, whether domestic or wild.
National Night Out.
Chief Mellis reported that he has gathered more information
on the event; he discussed the mission of the event; that it is a good way for
the community to come together; that he sees it as a cooperative venture with
other Departments; that the event is planned for Tuesday August 1, from
5:30-7:30 p.m.
Minutes, Board of Selectmen
June 20, 2006
Dog Hearing
Page 3 of 9
Motion G. DeLisle moved the BOS enter into executive session for the purposes of personnel issues, to return to open session. J. Townshend seconded. A roll-call vote was taken, (DeLisle, “Yes;” Townshend, “Yes;” Driscoll, “Yes.) Motion carried unanimously.
8:00 p.m. Dog Hearing—John Goodsell,
J. Driscoll asked M. Caramante, Dog Officer, to give the background as to why this hearing had been called. M. Caramante said that she got a call from the Police Department on Memorial Day weekend that a small dog owned by Thomas Behan, 31 Brook Street, had been killed by a larger dog owned by John Goodsell and Ken Sibley of 62 Elm Street; that she went out and met both parties; that she had subsequently quarantined the dog owned by J. Goodsell; and that T. Behan had subsequently requested a hearing.
T. Behan reported to the Board of Selectmen how his dog was attacked and killed by the dog owned by J. Goodsell; that in the afternoon of the day in question his wife was in the backyard with his
3-year old son and their three pound dog, Cookie; that they have had no problem with his neighbors; that their dog, Frankie was out back as usual; that he was in the house and heard his wife yell; that somehow their dog got under the fence through a gap; got in a confrontation with the other dog; that his wife came shortly after with their dog; that its jaw had been removed; that they brought it to the animal hospital and they considered surgery but the veterinarian said it would be substantial and couldn’t guarantee recovery at greater than 50-50; that it would have been expensive; and that they made the decision to euthanize. T. Behan went on to say that his concern now is for his 3 year old son playing in the backyard.
J. Goodsell spoke next. He said he was in the backyard at the time opening his pool for the season; he saw the Behan’s dog run freely in the yard; and saw Mrs. Behan in the backyard. J. Goodsell offered pictures of the fence, believes there is no way his dog could’ve dragged the dog under the fence. He looked over and saw the little dog in the yard; that it was barking at his dog; that he called his dog and it immediately moved away; that he saw Mrs. Behan pulling her dog from a leash back under the fence; that he saw no blood; he saw Mrs. Behan yank the dog under the fence by the leash; and that was the end of the Behan’s dog barking. He then reported making heated comments to Mrs. Bahan. He said the Dog Officer showed up the next day.
J. Townshend then read into the minutes a letter from
Theresa Albano of
M. Caramante was asked to continue. She reported meeting with Julie Behan; that she had asked her to come tonight, but she was too upset; that Mrs. Behan had said that Jack (J. Goodsell) was there during the incident and she had asked him to come to help but didn’t; J. Goodsell had told
M. Caramante that there was no fight, so she has two completely different stories about what happened. She reported that she viewed the area, found the hole in the fence, and found the jaw of the dog; that she has quarantined the dog; has that Porter Road has reported that the dog has not shown signs of aggression; that the MSPCA said that even though the dog attacked another while on its own property that it still needs to not pose a threat; especially for any children; that there is still a hole in the fence; that we couldn’t guarantee that it wouldn’t happen; that there is no history of aggression with this dog.
Minutes, Board of Selectmen
June 20, 2006
Dog Hearing, continued
Page 4 of 9
But she is not confident that the dog wouldn’t ever do something like this to a small child. Here recommendation is to have a concrete reinforcement wire around the bottom of the fence into the ground; it was described as a thick chicken wire.
G. DeLisle asked if
the MSPCA determined if the jaw was taken off in the attack or from the fence
and the pulling. Mr. Behan presented a
copy of the report from the animal hospital; a copy was made for the BOS.
T. Behan reiterated
his concern for the safety of his son; that he has no confidence that the dog
will be restrained; that his wife asked for help and received none. J. Goodsell said that was absolutely not
true; that it was a total lie and that Mrs. Behan did not say a word.
Ken Sibley, co-owner
of the house at
G. DeLisle stated
that everyone could agree that it is a very unfortunate situation; that he
doesn’t want to get into a discussion of whether or not someone is a good
parent and watched their children or whether they’re a good dog owner watching
their dog; what this Board has to be concerned with is seeing to it that this
never happens again; that nobody can predict whether it happens again; but that
it must consider options to see to it that it doesn’t; he referred to pictures
that were brought in.
J. Goodsell reiterated
that there was no blood on the dog when the dog got yanked under the fence; G.
DeLisle said the BOS would have to take that into consideration as they were
not there.
K. Sibley brought up
discussion that Dan, T. Behan’s 16 year old son, one that he said is a good
kid, came over to the neighbors and said that Jack had nailed the jaw to the
fence; that he was there when he said it.
T. Behan said that he apologized for the behavior of his 16 year old
son. J. Driscoll curtailed the
conversation; he said that he didn’t want to deal with rumors.
Discussion was then
held regarding what J. Goodsell planned to do; that he was going to get back an
enclosure that he had let someone borrow; that he didn’t feel comfortable
leaving his dog out in the yard; a discussion of what the pen will be. M. Caramante would want a reinforced bottom.
K. Sibley discussed
that he believes the fence was put up to contain animals; that he has
reservations with restraining a dog in a pen in the yard; M. Caramante wanted
to be clear that if the dog is going to be in the yard, that the reinforcing
wire needs to be put in; and that the pen would need a concrete slab. G. DeLisle clarified the options to J. Goodsell
that whatever order this Board makes will be followed; otherwise another
hearing will be held with options that are not as generous; that he would like
to take it under advisement and let cooler heads prevail.
Minutes, Board of Selectmen
June 20, 2006
Dog Hearing, continued
Page 5 of 9
The BOS took the
matter under advisement and the hearing ended.
M. Caramante then
discussed her memo to the BOS describing how the wire for the electric fence
for the Snyder dog on Pembroke appears to be on public property. The BOS is sending the Building Inspector out
to look at the situation.
APPROVAL OF MINUTES
May 6, 2006.
Motion G. DeLisle moved the BOS accept the minutes of May 6, 2006. J. Townshend seconded. Motion carried 3-0.
May 9, 2006.
Motion G. DeLisle moved the BOS accept the minutes of May 9, 2006. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS accept the executive session minutes of May 9, 2006.
J. Townshend seconded. Motion carried 3-0.
BOARD OF SELECTMEN
OLD BUSINESS:
For discussion, Acting Chief procurement officer.
The Executive Secretary (ES) suggested the BOS consider re-establishing the ES as the Chief Procurement Officer for the Town. Rich Gale, Building Facilities Manager had been serving in this capacity while the ES obtained training and certification from the state. The ES has obtained two of the three certifications and expects to obtain the third one this year; and R. Gale has given his notice of resignation effective June 30.
Motion G. DeLisle moved the BOS reappoint the Executive Secretary as the Chief Procurement Officer. J. Townshend seconded. Motion carried 3-0.
Vote for approval: Street Takings.
G. DeLisle asked TC for the proper wording of the motion to take the streets; and to adopt them as printed in the individual orders of taking
Motion G. DeLisle moved that in a regular meeting of the Board of Selectmen of the Town of East Longmeadow, on the 20th day of June, 2006, we, the undersigned Selectmen of said Town, by virtue of the authority of Chapter 79 of the General Laws of the Commonwealth, and in the exercise of every other power and authority in us, having complied with all the preliminary requirements prescribed by law, and in accordance with a vote of the inhabitants of the Town passed at the Annual Town Meeting, and having adjudged the land necessary for a public way, have taken and by these presents do take, for and in behalf of the Town of East Longmeadow, a municipal corporation, the following described land for a public way, as printed in the Order of Takings: Angela Lane, accepted at Town Meeting in 1993; Bond Avenue accepted at Town Meeting in 2002; Country Club Drive, accepted at Town Meeting in 1995 and 2000; Crestview Drive, accepted at Town Meeting in 1995; Ericka Circle, accepted at Town Meeting in 2002; Fox Hedge Road, accepted at Town Meeting in 1994; Lawrence Lane, accepted at Town Meeting in 1993; Meadowlark Drive, accepted at Town Meeting in 1995; Moore Street, accepted at Town Meeting in 1999;
Minutes, Board of Selectmen
June 20, 2006
Board of Selectmen, Old Business, continued
Page 6 of 9
J. Townshend seconded. Motion carried 3-0.
For approval: re: Community Preservation Committee.
J. Driscoll read out loud portions of a draft letter to department heads and commission members asking for a designee to the Community Preservation Committee (CPC). A discussion was held about the make-up of the CPC; J. Driscoll outlined that it is by statute to be between 5-9 members, with designees from the Planning Board, Conservation Commission, Housing Authority, Historical Commission and Parks Commission. G. DeLisle stated that he thought that the BPW acts as the Parks Commission; J. Driscoll suggested that a member of the Recreation Commission should also be involved, since the CPC will oversee activities that will lead to recreational opportunities; G. DeLisle agreed with this as long as there would still be three openings for citizens on the CPC.
The ES will send out the letters to the Boards and Commissions, and issue a press release asking for applications from interested citizens.
Building Inspector vehicle.
(Note: The Police Chief had previously written the BOS on June 13 about a Department vehicle that will be available as surplus.)
J. Driscoll reported that he spoke with the Building Inspector about whether or not he would be interested in using a Town vehicle for work; that the BI would defer to the BOS but he would rather use his own vehicle since it has 4 wheel drive. Consensus was to not force someone to drive a vehicle, especially if they are more comfortable with their own. G. DeLisle suggested that perhaps the police vehicle could be used as a pool car. The ES was directed to ask the Fire Chief about the status of car 2. Further discussion was tabled.
Music Together Program.
The ES reported that Sondra Lewis, Director of the Music Together Program, would like to continue to use the Little Red Schoolhouse for summer sessions for her program; that there may be interest enough from other communities that she may want to hold sessions for those communities there, too; that she would like to offer a scholarship to an East Longmeadow family as payment in lieu of the $10.00 per session fee for use of the schoolhouse as she did in the spring. The ES had contacted the Cultural Council about the request and the Music Together Program would not interfere with any planned activities at this time.
The BOS consensus was to allow for the program to continue as requested; but that if sessions are held for other communities, they are to be paid for in cash and not as scholarships to members of those communities.
Motion G. DeLisle moved the BOS approve the request by Sondra Lewis to use the Little Red School House for the Music Together Program for the summer session. J. Townshend seconded.
Motion carried 3-0.
Minutes, Board of Selectmen
June 20, 2006
Board of Selectmen, New Business
Page 7 of 9
NEW BUSINESS:
For vote: Annual appointments.
Motion G. DeLisle moved the BOS re-appoint Edwin D. Warren to the Board of Appeals for a
3-year term. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS re-appoint Conrad Wiezbicki to the Capital Planning Committee for a 4-year term. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS re-appoint George Kingston and Walter Seifert to the Conservation Commission for 3-year terms. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS re-appoint Leon Osborne, Linda Walachowicz and Dorothy Weyner to the Council on Aging for 3-year terms. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS re-appoint Geraldine Marafioti and Ruth Pappas to the Cultural Affairs Council for 3-year terms. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS re-appoint Sharon Bernard, Margaret Cantwell, Brian Falk, Forest Goodrich, Albert Grimaldi, Police Chief Doug Mellis and Frank Morrisino to the Emergency Management Committee for 1-year terms. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS re-appoint John Makara and Anthony Zampiceni to the Historical Commission for 3-year terms. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS re-appoint Richard Matusz and Michael Salvon to the Recreation Commission for 3-year terms. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS re-appoint the
following for 1-year terms: Local
Auction Permit Agent,
J. Townshend seconded. Motion carried 3-0.
BOARD OF HEALTH
OLD BUSINESS:
None.
Minutes, Board of Selectmen
June 20, 2006
Board of Health, New Business
Page 8 of 9
NEW BUSINESS:
For approval application to practice Massage Therapy,
Beverly Almeida,
Motion J. Driscoll moved to approve the request. J. Townshend seconded. Motion carried 3-0.
For approval application to practice Massage Therapy,
Julianne Donahue,
Motion J. Driscoll moved to approve the request. J. Townshend seconded. Motion carried 3-0.
Request for Temporary Food Service Permit, James Bampos,
First Congregational Church,
Motion J. Driscoll moved to approve the request, and to waive the fee for the non-profit organization.
J. Townshend seconded. Motion carried 3-0.
Waste Reduction calendar
Item noted; going out in the mail to all residents on Friday.
CORRESPONDENCE:
Letter from Robert Spain, Director of Governmental Relations, Charter Communications.
J. Townshend read the letter into the minutes; the letter was regarding Charter’s decision to move the Hallmark Channel to a higher service tier. J. Driscoll commented that the only reason Charter did it was to make more money.
MEETINGS/INVITATIONS/REMINDERS:
All items noted.
Jaycees Carnival, Thursday, June 29-July 3, 2006. Fireworks, Monday, July 3, 2006, High School.
Fourth of July Parade, Tuesday, July 4, 2006 starting at 10AM.
Board of Selectmen Meeting, July 18, 2006, at 6:45pm, Town Hall Hearing Room.
TOWN COUNSEL:
OLD BUSINESS:
Letter from Dog Officer, update on Selectmen orders, Bruce & Robert Snyder.
The ES to forward to the Building Inspector.
Department of Revenue Informational Guidelines: Appropriation Transfers.
TC highlighted the new statute that took effect May 4, 2006; that it allows the BOS, with the approval of the AC, to adjust budgets during May, June and the first 15 days of July by allowing for transfers between departmental budget line items; that there is a limit of $5,000.00 or 3% of the department budget.
Minutes, Board of Selectmen
June 20, 2006
Town Counsel, Old Business, continued
Page 9 of 9
Item moved to executive session.
COA Personnel re-grade.
Item moved to executive session.
Police Chief Contract.
Item moved to executive session.
Executive Secretary Contract.
Item moved to executive session.
Lenox Noise Complaint.
TC recommended the BOS have the Building Inspector address the situation.
NEW BUSINESS:
Recreation Department, personnel.
Item moved to executive session.
The BOS then held a discussion relative to the hearing on the Goodsell dog from earlier in the meeting. G. DeLisle noted that the Dog Officer seems comfortable with the owner either putting wire at the bottom of his fence to two feet deep, or to erect an enclosure on a concrete slab to address the issue. Discussion was held concerning what time frame should be given to the owner, with a consensus that 60 days would be reasonable and, if the owner has an unforeseen issue meeting this time frame then he is to give the Board notice and it could consider an extension.
Motion J. Driscoll moved to approve the Dog Officer’s recommendation to have the homeowner of the dog in question either reinforce his fencing with wire fencing around the entire perimeter, or to install an enclosure subject to the approval of the Dog Officer within 60 days, unless there are unforeseen circumstances that would require an extension, that he would have to ask the Board to consider such an extension.
J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS enter into executive session for the purposes of personnel issues relating to strategy with respect to collective bargaining, and strategy with respect to non-union negotiations, to return to open session for the purposes of adjournment. J. Townshend seconded.
A roll-call vote was taken, (DeLisle, “Yes;” Townshend, “Yes;” Driscoll, “Yes.)
Motion carried unanimously.
Motion G. DeLisle moved the BOS adjourn the meeting. J. Townshend seconded.
Motion carried 3-0. Meeting adjourned at 10:15 p.m.
Minutes submitted by Nick Breault, Executive Secretary.
APPROVED: BOARD OF SELECTMEN’S MEETING, TUESDAY, AUGUST
15, 2006.