MINUTES
BOARD OF SELECTMEN
Tuesday, February 28, 2006, 7:00 p.m.
Town Hall Hearing Room
PRESENT:
J. Claffey started the meeting at 7:00 p.m. with the Pledge of Allegiance.
APPOINTMENTS:
7:00 p.m. Fire Chief monthly meeting.
The BOS and Chief Wallace held a discussion relative to the proposed budget for the Fire Department for Fiscal Year 2007.
A discussion was held relative to the new laws taking effect for installation of carbon monoxide detectors.
7:30 p.m. Police Chief monthly meeting.
Chief Mellis presented the BOS with a report he will submit
to the Appropriations Committee (AC) relative to what full staffing would be
for the department; and with comparisons to staffing levels in other
A discussion was held about two incidents that occurred in town that have pending court action; one at Shaker Bowl that occurred outside the establishment; the Chief said it seems like they (management) did everything they could do; that they have since hired an officer on Friday and Saturday nights for a detail outside the establishment.
The other incident occurred at the Meadows nightclub; the
Chief recapped that an individual was asked by management to leave; that the
incident occurred outside the establishment; that
A discussion was held relative to the Civil Service System
to hire patrolmen. The Chief and the
Executive Secretary (ES) are working on this with Civil Service in
APPROVAL OF MINUTES:
January 31, 2006.
Motion G. DeLisle moved the BOS accept the minutes as presented. J. Claffey seconded out of necessity. Motion approved 2-0.
Motion G. DeLisle moved the BOS accept the minutes of the executive session as presented.
J. Claffey seconded out of necessity. Motion approved 2-0.
Board of Selectmen,
February 28, 2006
(Approval of Minutes, continued.)
February 14, 2006
Motion J. Driscoll moved the BOS accept the minutes as presented. J. Claffey seconded out of necessity. Motion approved 2-0.
Motion J. Driscoll moved the BOS accept the minutes of the executive session as presented.
J. Claffey seconded out of necessity. Motion approved 2-0.
MEETINGS/INVITATIONS/REMINDERS Items noted.
Open Space Committee Meeting, Tue., March 2, 2006 @ 7pm, Town Hall Hearing Room.
Board of Selectmen/Department Heads Meeting, Tue., March 7, 2006 @ 6pm, Selectmen’s Conference Room, Town Hall.
Personnel Policy Com. Meeting, Mon., March 13, 2006 @ 6pm,
Tobacco Training for tobacco permit holders, Mon., March 13, 2006 @5:30pm, Meeting
Room,
Candidates’ Day, Thursday, March 30, 2006 @12:45pm,
BOARD OF HEALTH:
OLD BUSINESS:
Tobacco Issues:
J. Driscoll reported to the other BOH members that he met with Sarah McColgan, Tobacco Compliance Coordinator, to discuss several issues. As a result, he had several recommendations for the BOH to consider. One issue was to consider the request made by S. McColgan for an increase in pay of $5.00 per hour. This would be in line with what the other members of the tobacco consortium that East Longmeadow is part of, (including Longmeadow, Palmer, Wilbraham and Ludlow), as stipulated by the state grant that pays for the compliance and education activities. The increase would bring her to $35.00 per hour. G. DeLisle state that he would rather see more focus on merchant education than is going on currently; that he had concerns as to how time is monitored, and that it be made clear that the town does not pay anything for the Coordinator as all of her activities and expenses are covered by the state grant.
J. Driscoll then proposed the BOH consider changes to its
regulations for the sale of tobacco. He
referred to a comparison of fees and penalties of surrounding towns. A discussion was held relative to charging a
fee for a permit to sell tobacco. There
is no fee currently. J. Driscoll pointed
out that most, if not all, communities charge a permit fee. (Note: annual fees for surrounding
communities Monson $15; Palmer $50; Brimfield,
Discussion then turned to the matter of establishing a “tolling period” for penalties. J. Driscoll noted that the current regulations do not stipulate what period of time to use to determine a penalty period for violations; that regulations identify actions for a first offense, second offense, etc., but do not state within what time period. J. Driscoll recommended the BOH adopt a period of one year, with a start date as soon as possible. The BOH also discussed the institution of an amnesty for merchants with violations beyond the $100 ticket level to coincide with the establishment of the tolling date.
A discussion was then held regarding adoption of changes to the current schedule of penalties as spelled out in the subsequent motion.
Board of Selectmen,
February 28, 2006
(Board of Health, Old Business, continued.)
Motion J. Claffey moved the Board of Health adopt the following changes to the town’s tobacco regulations:
1. Assess an annual fee of $100.00 for a permit to sell tobacco. Current permit holders will be assessed at the time of their next renewal, new permit applicants will be billed at a pro-rated amount for the remaining months until the October 1 annual renewal date.
2. Establish a tolling period of one year.
3. Adopt the penalty schedule for violations by permit holders:
1st offense—written warning; 2nd offense--$100 fine; 3rd offense—Hearing, 1 day suspension; 4th and subsequent offenses—Hearing, 5 day suspension.
Notices of violations are to be sent via certified mail. Amnesty is given to permit holders with current violations beyond the $100 ticket amount up to the establishment of this date. (The ticket must be paid, but suspension hearings will not be held until necessary after the commencement of the tolling period.)
Adoption of these changes was made pending subsequent review by Town Counsel (TC).
Motion seconded by G. DeLisle. Motion approved 3-0.
Motion J. Claffey moved the BOH approve the request of Sarah McColgan, Tobacco Compliance Coordinator, for an increase of $5.00 per hour, bringing her hourly rate from $30 to $35 per hour. Seconded by G. DeLisle. Discussion: G. DeLisle reiterated that this position is funded from a state grant and he instructed the ES to monitor the hours billed so as not to exceed the grant.
Motion approved 3-0.
Dog Officer
J. Driscoll initiated discussion of the Dog Officer position. He recapped a number of discussions he has had with Martylee Caramante, who had resigned as Dog Officer earlier in the month because the Town Accountant reported to the BOH that the revolving fund used to pay for this position was going to run out before the end of FY 06 and, as a result, the BOH had instructed the Dog Officer to answer calls only on an emergency, on-call basis. She subsequently resigned because she cited the $9.23 per hour she received from the Town would not be sufficient for her to cover her personal costs if she were to only be on-call; that the patrolling she did allowed her to earn enough of a salary to make it worth being employed as the Dog Officer. J. Driscoll explained that the position of Dog Officer is funded by the collection of License fees, but the town’s by-laws are not strong enough to support this arrangement. If a dog owner does not license their pet, the only recourse that the Dog Officer has is to send letters. There are no consequences beyond this. M. Caramante estimates the town has over 700 unlicensed dogs. J. Driscoll proposed to work on a by-law for vote at the town meeting to “add some teeth” to enforcement of licensing, as well passing on any additional costs the town incurs by having a Dog Officer to pick up, transport, test, etc. animals. The by-law will probably include a provision to attach a municipal lien on the property of the pet owner should they fail to pay the fee or fine.
J. Driscoll stated that the town has a tremendous potential liability at the present time because there is nobody to respond to animal complaints. He state that the Police Department does not respond to these calls and that the ES had contacted the Thomas J. O’Connor Center to inquire what the costs might be to East Longmeadow and at the current per-capita rate it would be approximately $40,000.00 per year, which is much more than is currently allocated for the Dog Officer.
J. Driscoll proposed the BOH consider paying M. Caramante a stipend of $30 per day from now until Town Meeting to handle the duties of Dog Officer. He reported that she would agree to this.
Board of Selectmen,
February 28, 2006
(Board of Health, Old Business, continued.)
G. DeLisle stated the he appreciates that M. Caramante has expenses to leave the home, for childcare, etc., but that she knew what the limits of her pay were going to be and that the intent of the position was not to have patrolling to give the position a daily stipend. He stated that he recognized that the town has a potential liability. He asked if the $30 amount was regardless of whether or not any calls came in. J. Driscoll replied that it would be a straight $30 every day until town meeting.
Motion G. DeLisle moved the Board of Health accept the recommendation of the BOH Chairman J. Driscoll to pay the Dog Officer $30 per day until the Annual Town Meeting. J. Claffey seconded. Discussion: J. Claffey reiterated that M. Caramante knew what the situation was going into the position, but the town is left in a situation where it has to do something in the short term.
Motion approved 3-0.
NEW BUSINESS:
Memo from Beverly Hirschhorn, Grant Manager, Eastern Hampden Tobacco Control Collaborative: re: “Optional Activities” under present grant. Item noted.
Motion G. DeLisle moved the BOS enter
into executive session for the purpose of discussing strategy relating to
contract negotiations and collective bargaining with the Firefighter’s
The BOS returned to open session.
At this time, J. Driscoll left the meeting.
8:00 p.m. HEARING:
Change of Manager Bowl New England, Inc., d.b.a., Shaker Bowl,
G. DeLisle read the hearing notice. The BOS discussed C. Sprague’s background and work experience; and some of the recent problems that Chief Mellis had brought up earlier in the meeting. The BOS stated that the Chief had assured them that the business was doing what it needed to do to address the situation and that there was proper supervision. C. Sprague expressed that he wants to do whatever it takes to keep the place safe and orderly.
Motion G. DeLisle moved the BOS approve the application for the change of manager. J. Claffey seconded out of necessity. Motion approved 2-0.
8:30 p.m. HEARING: Leona Lessard, DPW.
J. Claffey recognized Leona Lessard and Town Labor Counsel Attorney Richard Hayes. He asked Attorney Hayes for clarification on whether the BOS or the employee decides on whether the matters would be discussed in open or executive session. Attorney Hayes advised that since the hearing involved matters relating to strategy with respect to collective bargaining and union negotiations that are under the jurisdiction of the BOS, that the BOS has the authority to decide the question.
Motion G. DeLisle moved the BOS enter into executive session for the purposes of discussing a grievance made under the collective bargaining agreement and union negotiations, to return to open session. J. Claffey seconded out of necessity. A roll call vote was taken, (DeLisle, “Yes;” Claffey, “Yes.”) Motion approved 2-0.
Board of Selectmen,
February 28, 2006
(Board of Selectmen, Old Business.)
BOARD OF SELECTMEN:
J. Claffey
recognized the winner of the 2006 Miss East Longmeadow Pageant, Gina Rosati,
and complimented her on doing well and stated that she is deserving of the
honor. He also expressed praise for all
of this year’s participants.
OLD BUSINESS:
Web/GIS Administrator Position Request letter from IT Director, John Somsen.
Discussion: J. Claffey noted that last year the position was included in the budget and then removed; that the IT Department spends upwards of $2,000 per month for consulting for the GIS function alone. G. DeLisle noted that the IT Department is stretched thin, that it operates only to maintain the network; that it doesn’t have enough staff to provide these services.
NEW BUSINESS:
Appropriations Committee new appointment, Ned Schawartz,
J. Claffey read a memo from the Town Moderator notifying the BOS of this appointment. J. Claffey stated that he knows him professionally and believes he will be a good addition to the Committee. He noted that he replaces Attorney Elizabeth Dineen and he recognized her great work for the town for the past eight years.
For approval; a) Rotary Club Shrub & Tree Sale; b) Temporary one-day signs or banner, Saturday, April, 29, 2006 7am-4pm, Heritage Park parking lot. (Request was approved by the BPW.)
Motion G. DeLisle moved the BOS approve the requests. J. Claffey seconded out of necessity. Motion approved 2-0.
Resignation letter from Merle Safford, Historical Commission.
J. Claffey noted her outstanding work on the Commission for the past five years.
Motion G. DeLisle moved the BOS accept her resignation, with regrets. J. Claffey seconded out of necessity. Motion approved 2-0.
For discussion, Community Preservation Act.
The BOS noted the information and directed the ES to refer this to the Open Space Committee.
Public Forum request from Tom McGowan, Chairman East Longmeadow School Committee, re: budget. The ES to forward some suggested dates.
Recommendation from Police Department: Add to East
Longmeadow Traffic Rules & Orders “No Parking” signs
Motion G. DeLisle moved the BOS accept the recommendations of the Police Department to add to the traffic rules and orders, and to forward the recommendations to the DPW to request the installation of necessary signage. J. Claffey seconded out of necessity. Motion approved 2-0.
Board of Selectmen,
February 28, 2006
(Board of Selectmen, New Business, continued.)
For approval: News release Annual Rabies Clinic – Saturday, April 1, 2006 10am-11am, AW Brown Pet & Garden Center, 144 Shaker Road. So noted.
TOWN COUNSEL:
OLD BUSINESS:
Yablum property (e-mail). Item noted.
Request for records: a) correspondence from Alan Cote, Supervisor of Records; b) e-mail request from Karen Christianson. Item noted.
TC handed the BOS the contract for the Assistant Executive Secretary.
Discussion, Tobacco regulations.
TC advised the BOS that the proposed changes do not need to go before town meeting; that notification is sufficient; give the public notice of the changes by publishing them in the Reminder.
He advised to set an effective date of one week after the published date; and to send letters to all permit holders.
Motion G. DeLisle moved to amend the previous motion to reflect that October 1, 2006 will be the start date for the new permit fee, with pro-rating to be used for any new applicant from now until then. (Reflected in the previous motion.) J. Claffey seconded out of necessity.
Motion approved 2-0.
Motion G. DeLisle moved the BOS adjourn the meeting. J. Claffey seconded out of necessity. Motion approved 2-0. Meeting adjourned at 9:24 p.m.
APPROVED: BOARD OF SELECTMEN’S MEETING, TUESDAY, March
14, 2006.