MINUTES
BOARD OF SELECTMEN
Tuesday, August 29, 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.
G. DeLisle called the meeting to order at 6:00 p.m. He announced that J. Driscoll was delayed due
to traffic on his way back from
BOARD OF SELECTMEN
OLD BUSINESS:
Letter from Richard Paige, Chairman, Recreation Commission, re: Upcoming event Family Caribbean Fest, request from Chris Graziano. Re: concerns regarding the use of fields.
G. DeLisle noted the letter from R. Paige. The ES to set up a meeting between the interested parties.
NEW BUSINESS:
Request from Western Mass Pioneer Valley U/2 Girls Soccer Team to hold a Can & Bottle
Drive on Saturday, September 23, 2006 from 9am-6pm, in the
Motion J. Townshend moved the BOS approve the request. G. DeLisle seconded out of necessity. Discussion: G. Delisle noted that the request had been approved by the Board of Public Works (BPW). Motion carried 2-0.
For discussion, Massachusetts Municipal Association promotion of the MMA’s Statewide Essay Contest for 6th Graders.
The ES to forward the notice to Dr. Costa.
Request from Deb Gendron,
G. DeLisle noted that the BOS gets the bills for the lights, but that the BPW authorizes installation. The BPW voted to deny the request at its meeting on August 14, 2006.
The ES was directed to respond to D. Gendron indicating that the BPW had denied the request; to include the reports from Police, Fire and BPW.
Minutes, Board of Selectmen
August 29, 2006
Board of Selectmen, New Business, continued
Page 2 of 9
For approval: List of Election Workers to serve a one-year term, Sept. 1, 2006 – Aug. 31, 2007.
Motion J. Townshend moved the BOS approve the lists of election workers as presented.
G. DeLisle seconded out of necessity. Motion carried 2-0.
For approval, request to hold a Fall Fashion Show from the Shops on Harkness Avenue, Sunday, September 10, 2006 from 4:00pm – 7pm. All proceeds will go to Meals On Wheels. Police, Fire and Building Commissioner recommendations were submitted with the request.
G. DeLisle noted the positive recommendations from Police and Fire, and the recommendation of the Building Commissioner to waive the $20.00 tent permit fee since the town Meals on Wheels program will be the beneficiary of the event.
Motion J. Townshend moved the BOS approve the request, subject to the recommendations of Police and Fire, and to waive the tent permit fee per the recommendation of the Building Commissioner. G. DeLisle seconded out of necessity. Motion carried 2-0.
BOARD OF HEALTH
OLD BUSINESS: None.
NEW BUSINESS:
For approval, Health Establishment License for Donald R.
Socha,
Motion J. Townshend moved the BOH approve the request. G. DeLisle seconded out of necessity. Discussion: G. Delisle noted that the Health Agent recommended approval. Motion carried 2-0.
For approval, applications to practice Massage Therapy, Arrika Lucek, 269 Stony Hill Road, Wilbraham; John Pollock, 186 Southwick Street, Feeding Hills & Rae-Anne Avery, 68 Nonotuck Avenue, Chicopee, all to practice at Longevity Body Wraps & Massages, 51 Prospect Street, East Longmeadow. Approved by Health Inspector.
Motion J. Townshend moved the BOH approve the request. G. DeLisle seconded out of necessity. Discussion: G. Delisle noted that the Health Agent recommended approval. Motion carried 2-0.
For approval, application to practice Massage Therapy, Marissa Lynne Buker, 8 Whitney Avenue, Monson, to practice at Performance Rehabilitation, 80 Denslow Road. Approved by Health Inspector.
Motion J. Townshend moved the BOH approve the request. G. DeLisle seconded out of necessity. Discussion: G. Delisle noted that the Health Agent recommended approval. Motion carried 2-0.
Letter from eco/Springfield, increase of tipping fees.
G. DeLisle noted the letter and said that the increase is contractual and based on a CPI formula.
Mrs. Shirley Becker,
Minutes, Board of Selectmen
August 29, 2006
Correspondence
Page 3 of 9
CORRESPONDENCE: None.
MEETINGS/INVITATIONS/REMINDERS
All items noted.
Board of Selectmen and the Cable Access Committee held a meeting on Wednesday,
August 23, 2006, at 6pm, in the Selectmen’s Meeting Room at the Town Hall.
Industrial Development Financing Authority Committee meeting, Wednesday, August 30, 2006 at 8am, in the Town Hall Meeting Room at the Town Hall.
Public Forum with National Grid, Wednesday, September 20,
2006 at 7pm,
Invitation from Massachusetts Municipal Personnel Association, 51st Annual Meeting on Friday, September 22, 2006 at Merrimac College in North Andover from 9:30am – 3:30pm.
The meeting was suspended from 6:15 and re-opened at 7:10 p.m.
TOWN COUNSEL:
The meeting resumed at approximately 7:10 p.m. J. Driscoll apologized for being late and
explained that he had been delayed in traffic coming back from
OLD BUSINESS:
Miller dog fee recovery.
The ES advised the BOS that kennel fees for the quarantined animal amounted to $504.00; that the animal had since been adopted; and that the former owner chose not to recover the animal.
TC advised the BOS that he didn’t know if it would be cost effective to try to recover the fees through the small claims process; that the former owner does not appear to be a property owner in town so the use of a municipal charges lien did not appear to be an option in this case. TC said the BOS could have a BOS representative, perhaps the ES, file the claim, but that there was no way to determine what the recovery chances would be.
G. DeLisle noted that it could end up costing the town more to do so. The consensus of the BOS was that it could cost the town more to file a small claim and that given the uncertain outcome the town would absorb the cost.
Elm Street.
TC recapped the drainage/accumulation of water issue on properties in the area of 131 Elm Street; that the BOS had directed him to meet with DPW staff to determine what the situation was; that he met with Dave Gromaski, Superintendent of the DPW/Town Engineer and Sean Kelley, Project Manager; that he personally viewed the site; that he spoke again with Fred Kowal, Health Agent (HA). TC then referred to two maps of the area to point out the area in question and the affected areas, catch basins, etc. TC reported that the DPW, in its view, found that some of the water from the Birchland Park Middle School (BPMS) drains into the wetlands in the area, but not onto the
Minutes, Board of Selectmen
August 29, 2006
Town Counsel, Old Business, continued
Page 4 of 9
private properties; that the DPW has no records of any drains installed by the Town in the affected areas, but that it did find an outfall on the other side of the easement. TC reported that there are some allegations by abutting neighbors that there was a pipe that was removed by a property owner but there is no evidence of this; that the DPW maintains that it has no record that such pipe was a municipal drain, anyway. DPW states that the water is gathering due to the topography of the area and not a municipal concern.
TC then referred to a letter from and his conversation with the HA. TC reported that the HA is concerned that the water is a breeding ground for mosquitoes; that the HA believes the BOH should consider holding a public hearing on the matter; that the BOH should consider issuing an order to the property owners to abate the problem of the water. TC advised that the BOH could call such a hearing due to a public nuisance situation; but reiterated that the DPW does not believe that this is a municipal problem. TC advised that it is the stagnant water and the mosquitoes that could breed that should be the area of concern for the BOH and not the problem of the water accumulating.
J. Driscoll noted that it seems that nothing has really changed from previous conversations.
G. DeLisle noted that the BOH could hold a hearing, but that it had also advised the owners to use the briquettes to address the mosquito issue and that it seemed to work, although it did not address the issue of the ponding and flooding itself.
J. Townshend suggested the BOH table further discussion for later in the meeting when the HA would meet with the BOH. The item was tabled.
Motion G. DeLisle moved the BOS enter into executive session for the purposes of discussing possible litigation, to return to open session. J. Townshend seconded. A roll-call vote was taken, (DeLisle, “Yes”; Townshend, “Yes”, Driscoll, “Yes”). Motion carried 3-0.
APPOINTMENTS: COMMUNITY PRESERVATION COMMITTEE
7:30 p.m. William Fonseca. W. Fonseca had notified the BOS prior to the meeting that he would not be able to attend the meeting due to his meeting as a member of the School Committee; but that he was very interested in being appointed to the Community Preservation Committee (CPC).
7:40 p.m. Timothy Seeley.
J. Driscoll invited T. Seeley to discuss his interest in
being appointed to the CPC. T. Seeley
state that he is currently a student at
G. DeLisle commented that he has known Mr. Seeley for some time; that he and his family have been active in town, and that he would be a good addition to the CPC.
Minutes, Board of Selectmen
August 29, 2006
Appointments, CPC, continued
Page 5 of 9
7:50 p.m. William Speight.
J. Driscoll expressed his appreciation for Mr. Speight’s interest in participating on the CPC; and invited him to speak about it. W. Speight said that he is a lifelong resident of the town; that he was on the original Open Space Committee; that he has participated on several town committees through the years; and that he is interested in helping out the community in this capacity.
J. Driscoll then spoke on behalf of W. Fonseca,
acknowledging that he was at his School Committee meeting this evening; that he
was an original driving force behind the Open Space Committee; that he has
interviewed
Motion G. DeLisle moved the BOS appoint William Fonseca, Tim Seeley and William Speight to the Community Preservation Committee. J. Townshend seconded. Motion carried 3-0.
J. Driscoll reported to the BOS that he was fortunate to represent the BOS at the school convocation; that he announced the gift certificates of $150.00 per school for Staples to acknowledge the school participation in the recycling program would be sent to Dr. Costa.
The BOS then suspended the meeting from 8:05 p.m. until 8:15 p.m.
HEARING:
8:15 p.m.
Brian Lessard appeared before the BOS on behalf of his mother, Lucille. B. Lessard had notified the BOS earlier in the day that L. Lessard would not be present at the hearing. Attorney Hayes, Town Labor Counsel and Rosalind Clark, Executive Director of the Council on Aging were also present.
J. Townshend read the hearing notice into the record. A copy of the letter is part of these minutes.
There was discussion about allowing B. Lessard to be recognized by the BOS on behalf of his mother. Atty. Hayes advised the BOS that it was within its discretion as to whether to allow B. Lessard to do so. The consensus of the BOS was to allow B. Lessard to speak on behalf of
L. Lessard.
Motion G. DeLisle moved the BOS enter into executive session for the purposes of discussing personnel matters regarding grievances with respect to collective bargaining, contractual matters, and possible litigation to return to open session. J. Townshend seconded. A roll-call vote was taken, (DeLisle, “Yes”; Townshend, “Yes”, Driscoll, “Yes”). Motion carried 3-0.
Minutes, Board of Selectmen
August 29, 2006
Town Counsel, Old Business, continued
Page 6 of 9
TOWN COUNSEL:
The BOS then continued its agenda with Town Counsel.
The BOS, TC and Health Agent (HA) resumed the discussion
regarding the
J. Driscoll questioned how the HA could be sure that a pipe is or was there? He discussed that perhaps a hearing could be scheduled for residents; and whether the Town could make an attempt to address the drainage problem; that the BOH will issue an order every year to the residents to use the briquettes to address the mosquito problem.
TC again recapped his discussion with the DPW; that the DPW has no records that there was any municipal drainage; that the topography affects the situation; that there is a point of difference between whether the BOH should or should not order the residents to abate the nuisance, that it would be problematic for the BOH to order what steps should be taken to abate it and advised that it should be left to the property owner as to what measures to take; that if the public health concern is the mosquitoes, then the BOH has issued the order to use the briquettes and the nuisance has been addressed. He again stated that there are no records that a drain existed; no records that the Town had a drain there.
G. DeLisle said that his concern with holding a hearing would be that there might be the perception that the Town was going to take measures to address the drainage; that the nuisance of the mosquitoes has been addressed by the BOH; that the BOH does not have the authority to order the DPW to enter private property to do whatever work would be necessary.
The HA stated that he thinks the BOH could issue an order to the residents to abate the flooding to the conditions that existed previously.
TC said that he doesn’t think it is within the scope of the BOH to order the drainage to be fixed; but that the order to address the breeding of mosquitoes is; that if the briquettes are achieving this goal, then it is addressed. TC said that if the puddling of water is continuing, then it is a private issue unless it brings another public safety issue; again, if the mosquito issue is resolved then that is it.
J. Townshend asked if there are any claims that the property owner disrupted any pipe; the HA responded in the affirmative. TC advised that if a private property owner removed any pipes, then to the extent that it affects an abutter it would be a civil matter unless and until it posed another public health nuisance; and it would remain a private matter unless and until the actions taken did not abate the nuisance.
Minutes, Board of Selectmen
August 29, 2006
Town Counsel, Old Business, continued
Page 7 of 9
The HA summarized that the annual order from the BOH would be to order the treatment of the mosquito nuisance with the briquettes.
G. DeLisle said the BOH could ask the DPW if it has any of these briquettes to help the residents; that other than the mosquito issue he believed the flooding is a private matter.
The discussion concluded with the consensus that the order to use the briquettes to address the mosquitoes would be a standing order; that no other actions would be taken by the BOH.
The following items were moved to executive session:
Grievance, COA employee. Item moved to executive session.
Request for salary compensation from Health Inspector. Item moved to executive session.
Executive Secretary contract. Item moved to executive session.
Health Agent compensation request. Item moved to executive session.
NEW BUSINESS: None.
INTERVIEWS: POLICE OFFICER CANDIDATES
The BOS and Chief Douglas Mellis interviewed three candidates for two positions. The following questions were asked of each candidate by the BOS and the Chief in the same order:
Question #1, G. DeLisle:
Why do you want to be a police officer in
Question #2, J. Driscoll: What do you see as the main responsibilities of being a police officer?
Question #3, G. DeLisle: What do you believe are the two most important qualities to be a police officer?
Question #4, J. Townshend: You stop a car for speeding or going through a stop sign and it’s a friend. What do you do?
Question #5, J. Driscoll: What is the most appealing part of becoming a police officer; and what is the most challenging or difficult?
Question #6, J. Townshend: Tell us three things that your employer would say about you; and are they accurate?
Question #7, Chief Mellis:
Why do you want to be a police officer in
Question #8, Chief Mellis: If given the opportunity to pursue a specific area of policing, what would you like to do?
Question #9, Chief Mellis: Since you were contacted to start this process, what have you done to prepare?
Question #10, J. Driscoll: Is there anything else you would like to share with us about yourself?
Minutes, Board of Selectmen
August 29, 2006
Interviews, Police Officer candidates
Page 8 of 9
9:10 p.m. Daniel Atwater.
Q #1: This is one of few positions that you can be active in the community; to actively participate in the community; send a message to the kids to stay in school; be a role model.
Q #2: The hot topic is community policing; to be active in the community; patrols; getting involved; take a proactive approach.
Q #3: To be a positive leader; to be a role model; especially for kids.
Q #4: Take matters as you normally would; no preferential treatment.
Q #5: Appealing is to be involved in all different aspects in the community. Challenging is the discretionary part; that I think 80# of being a police officer is discretionary; to make those decisions.
Q #6: That I am a hard worker, no one will out-work me; that I am positive, always looking on the high side of things; always upbeat; try to be a leader, to have co-workers look up to me.
Q #7: To get a chance to help people, that is what drives me.
Q #8: Community policing, biking patrol, walking patrol; anything that would put in the mix with the community.
Q #9: I have
completed my Associates degree. Working
for the Sheriff’s Department has given me a great training ground. I have also put in extra hours and worked
extra details (Note: as a
reserve-intermittent officer in
Q #10: I’m looking forward to this opportunity. Being a police officer is a dream job.
9:30 p.m. Daniel Manley.
Q #1: To be an asset to the community. I have spent my life here and the town has given me the opportunity. I’d like to live here the rest of my life.
Q #2: There are many responsibilities. To keep everybody safe; to represent the town as a whole.
Q #3: The two most important qualities are leadership skills and follow-through. The next quality is problem solving ability.
Q #4: Yell at him; tell him he did the wrong thing. As a police officer I do have some discretion, but I would treat them like anyone else.
Q #5: It is a appealing because you don’t always have to be behind a desk; that you don’t know how the day is going to go; that I don’t want to have to do the same thing every day.
Q #6: I am a determined worker. I am very diligent and thoughtful of other employees. I am punctual and understand my job. I hope they are all correct, otherwise I wouldn’t be there.
Q #7: It has always been appealing. You don’t know what the job will entail every day. This is a chance to be a part of the community, to give back.
Q #8: The best area would be to work with children, since I already coach. I know that all kids have growing pains.
Q #9: I spoke with my father. I looked up some policies since I need to understand what is going on.
Q #10: My last point is that this town means a lot to me, I enjoy this town. I think I am qualified and ready to be a full-time police officer.
Minutes, Board of Selectmen
August 29, 2006
Interviews, Police Officer candidates, continued
Page 9 of 9
9:50 p.m. Jeffrey Niznik.
Q #1: I like to help
people. I have grown up and lived here
my whole life. I want to see this
community grow and develop into the best town in
Q #2: Protecting and serving the community. Responding to calls and being out as a presence.
Q #3: Having a presence; wearing the uniform; being in the public eye.
Q #4: If it was a violation I would issue them a citation and go from there.
Q #5: I wouldn’t say it was appealing, like wearing the uniform, badge and firearm. It’s about protecting people. Challenge? Probably the more serious crimes; working with the courts.
Q #6: I show up on time. I have a good work ethic. I’m not afraid to work extra hours. Accurate? Very accurate.
Q #7: I’ve lived in town my whole life. I want to continue living in this town. I want to help the community.
Q #8: I want to solve people’s problems. I guess that would be detective work.
Q #9: I watched
Q #10: I am a lifelong resident, my roots are here. I’m not going anywhere.
Motion G. DeLisle moved the BOS enter into executive session for the purposes of discussing personnel matters, strategy with respect to collective bargaining to return to open session. J. Townshend seconded. A roll-call vote was taken, (DeLisle, “Yes”; Townshend, “Yes”, Driscoll, “Yes”).
Motion G. DeLisle moved the BOS make an offer of appointment as police officer to Jeffrey Niznik and Daniel Manley, subject to passing physical and psychiatric examinations and successful completion of the police academy. J. Townshend seconded. Motion carried 3-0.
Motion G. DeLisle moved the BOS adjourn. J. Townshend seconded. Motion carried 3-0.
Meeting adjourned at 10:12 p.m.
Minutes submitted by
APPROVED: BOARD OF SELECTMEN’S MEETING, TUESDAY,
SEPTEMBER 26, 2006.