MINUTES
BOARD OF SELECTMEN
Tuesday, December 5, 2006, at 6:45 P.M.
Town Hall Hearing Room,
PRESENT: James Driscoll, Chairman, Board of Selectmen
(BOS);
J. Driscoll opened the meeting at 6:45 with the Pledge of Allegiance.
PUBLIC FORUM:
6:45 p.m. Arlene Miller,
Western Mass Recycling Coordinator, Mass DEP.
A. Miller presented the BOS with a numerical analysis of the
Waste Reduction program to date; she highlighted the fact that the trash
continues to decrease and, while the numbers for the increase in recycling are
not a big as the trash numbers, they are still up from the base year. J. Driscoll commented that while there was
resistance to the program the concerns of illegal dumping have not come about;
that the recycling is a great commodity for the town; that he is hearing
comments that the service is an improvement with weekly pickup; and that the
program has saved hundreds of thousands of dollars. He also mentioned that he had recently sent a
letter to Mayor Ryan to offer any help or advice he could with
Discussion was next held regarding the town’s grant from the MA DEP. The Town received 60 hours of technical assistance, which will be provided by A. Miller to work on a comprehensive approach for education and outreach to increase recycling. A. Miller presented the agreement for signature for the scope of the grant. J. Driscoll said that he spoke with the Appropriations Committee (AC) to make sure that some of the recycling revenue is earmarked to help with education and marketing; to keep the recycling going. J. Driscoll asked if there was some way to incorporate small businesses for recycling? A. Miller said that could be part of what is looked at with the grant.
A. Miller said that she would also report to the BOS from time to time with program information.
APPOINTMENTS:
7:00 p.m. Frank Morrisino, Emergency Management Director.
a) Continuity of Operations Plan (COOP).
F. Morrisino spoke with the BOS about the need for every Town Department to develop a COOP; that a COOP is a detailed manual outlining procedure in times of emergency/disaster. An example would be what to do if Town Hall were destroyed? What would be the succession of authority among the BOS if the Chair was not available? What if no BOS member was available?
F. Morrisino requested that the BOS send a letter to all departments to set individual meeting times for him to discuss COOP’s. The BOS will speak with TC regarding succession planning.
b) EMS Service Zone Plan Application from Police Department.
Item signed by J. Driscoll.
Minutes, Board of Selectmen
December 5, 2006
Page 2 of 10
INTERVIEWS: DOG
OFFICER POSITION
7:20 p.m. Lisa Galpert.
The BOS and L. Galpert exchanged introductions. J. Driscoll asked L. Galpert to tell them
about herself. L. Galpert said she was a
graduate of
J. Driscoll asked if she had any formal training and she responded that she had taken one class from the MSPCA. J. Townshend commented that he was impressed with her resume; that he did not have any questions.
7:30 p.m. Henry Moran.
The BOS and H. Moran exchanged introductions. J. Driscoll asked H. Moran to tell them about himself. H. Moran said that he was very interested in the position; that he had worked for many years in probate court; that he has a lot of training in civil and town liability and working with people; that he has a fondness for animals; has worked on a farm; has raised dogs; knows how to use verbal judo to keep them calm; and lives within a mile of the area.
J. Townshend asked about his probate experience. H. Moran responded that it was in family court; that he has experience in mediation and report writing. H. Moran reiterated his interest in the job.
APPROVAL OF MINUTES:
October 31, 2006. No action taken.
BOARD OF SELECTMEN
OLD BUSINESS:
Report from Police
Department, re: complaint from Cynthia Korhonen, intersection concerns
The ES to send a letter and copy of the Police Department recommendations.
School Committee request for assistance with Charter Communication.
Gerri Gagnon, Executive Director for East Longmeadow Cable
Access Television (
NEW BUSINESS:
For signature, request for .gov website domain name.
Motion J. Townshend moved that Ryan Quimby spend the $125.00 to apply for the eastlongmeadowma.gov domain name. J. Driscoll seconded out of necessity. Discussion: J. Driscoll commented that he was looking forward to the website doing what it was supposed to. Motion carried 2-0. Letter signed.
Minutes, Board of Selectmen
December 5, 2006
Page 3 of 10
For discussion;
E-mail from Timothy Seeley, Chairman, Community Preservation Committee.
The BOS considered an email from Tim Seeley, Chairman of the Community Preservation Committee (CPC) with four requested items.
a) Request for an announcement of a vacancy on the CPC.
Motion J. Townshend moves that the Executive Secretary send out an announcement for a member of the Community Preservation Committee. J. Driscoll seconded. Motion carried 2-0.
b) Request for a member of the BOS liaison to the CPC.
J. Townshend indicated that he wished to table an appointment as a liaison until a new BOS member is in place. J. Driscoll disagreed and appointed himself as liaison; that it isn’t to say that the BOS wouldn’t reorganize once a new BOS member is elected.
c) Request for Town Counsel to prepare a legal study for the CPC and the BOS that gives the capabilities given to the Town by the Community Preservation Act. The BOS discussed the way that Town Counsel (TC) is compensated. J. Driscoll did not think that there would be any additional cost associated with TC fulfilling this request. J. Townshend thought that there could be, but he could be misinterpreting the situation. This matter was discussed as a side discussion under the TC Old Business section under “Miller Dog.” It was subsequently determined that TC only bills beyond the stipend for expenses related to litigation; that TC could meet with the CPC in the same manner that he had with the Design Selection Committee (DSC).
d) Request for notices of CPC meetings be placed in local media outlets.
It was noted that such notices are sent out as press
releases, but not always distributed by the media; that the Town does post them
and can put them on
Report from Police
Department; a) request from James Adams, safety improvements; intersection of
Lee Street and Pease Road; b) Notification of installation of "Stop
Ahead" sign.
The ES to send a letter from the BOS to J. Adams.
For approval, Police
Department recommendation for a white-strip to be painted - Alpine &
Motion J. Townshend moved the BOS approve the painting of the white line as recommended by the Police Department. J. Driscoll seconded out of necessity. Motion carried 2-0.
The ES to send a letter from the BOS, to include support for Sergeant Bates’ findings.
For approval, Police
Department recommendation for a "Caution Children" sign to be installed
on
Motion J. Townshend moved the BOS approve the recommendations of the Police Department.
J. Driscoll seconded out of necessity. Motion carried 2-0. The ES to send letter to the resident, traffic enforcement and the DPW.
Minutes, Board of Selectmen
December 5, 2006
Page 4 of 10
For review,
Application of Site Plan Review, Ecotec Environmental Associates Inc., on
behalf of Raymond & Theresa Fusaro, 29 Fisher Avenue. Item tabled.
Request from IT
Systems Administrator; re: IT Committee Meeting.
J. Driscoll recapped the previous meeting of the IT Committee; that he would continue to work as liaison for the time being; that he would look at 12/19/06, prior the next BOS meeting.
The ES brought up discussion of the January BOS meeting dates of 1/02; 1/16; 1/24 and 1/30. The BOS might skip the 1/16 meeting, but the ES was directed to hold the date just in case.
A brief discussion of the reorganization of the BOS was held with TC. The succession of the Chairman was discussed with TC indicating the person in their final year of their term would generally be the Chair. The Chairman of the Board of Health had been Gary DeLisle. J. Driscoll would act as the Chairman of the BOH during the interim until the election.
BOARD OF HEALTH
OLD BUSINESS:
Occupancy approval from Health Inspector and Building
Inspector,
J. Driscoll read the letter indicating that the cleanup had occurred and the building was cleared for occupancy.
NEW BUSINESS
For approval, Massage Therapy License for Jonathan Brin,
100,
practicing at Visual Changes,
Motion J. Townshend moved to approve the
application. J. Driscoll seconded out of
necessity. Motion carried 2-00.
CORRESPONDENCE
None.
MEETINGS/INVITATIONS/REMINDERS
All items noted.
Meeting Community Preservation Act Committee, Wed., Dec., 6,
2006 at 7pm, Town Hall
Hearing Room
Meeting Public Safety Advisory Committee, Thurs., Dec., 7, 2006 @ 2:30pm, East
Meeting Personnel Policy Committee, Mon., Dec., 11, 2006 at 6:45pm, Town Hall Hearing
Room
Meeting Housing Partnership Committee, Thurs., Dec., 14, 2006 at 7pm, Town Hall Hearing
Room. Brief discussion.
Meeting Design Selection Com., Wed., Dec., 20, 2006 @
2:00pm,
Meeting Local Emergency Planning Commission, Wednesday, Dec., 20, 2006 @ 7pm, East
J. Driscoll then read three draft press releases regarding street lights, snow shoveling and warrant articles for the Annual Town Meeting. The ES was directed to send them out.
Minutes, Board of Selectmen
December 5, 2006
Page 5 of 10
The BOS then took a brief recess.
J. Driscoll mentioned the retirement of Brian Falk from the Fire Department after a 35 year career; he praised his service and commented on his appreciation for his efforts.
TOWN COUNSEL:
OLD BUSINESS:
TC was asked and advised the BOS that with respect to personnel evaluations, if the BOS was going to just sign them then that would be in open session, but discussion of an evaluation is personnel matters dealing with an employee’s personnel file and should be held in executive session under the employee’s right to privacy.
J. Townshend noted that the BOS had a letter from an employee stating that she did not want it held in executive session. TC said that if the employee waives the right then it is her right. J. Townshend asked TC whether previous BOS’ had discussed evaluations not in executive. TC stated that he has not previously seen this on the TC agenda; that if any individual has waived their right it would be open.
For signature, personnel evaluations.
J. Driscoll recapped that the BOS had undertaken the evaluation process; that there were two evaluations that they could not agree on: Nick Breault’s (ES) and Carolyn Porter’s the Recreation Director.
J. Townshend stated that his recollection was that the BOS also could not agree on the rating for Sandra Choquette, Town Accountant. J. Driscoll believed they voted on a Commendable and
J. Townshend thought it was for an Outstanding.
J. Driscoll directed the ES to produce the tape recording from the November 29, 2006 meeting to be played back to clarify the vote for the Town Accountant.
The recording was played back. The discussion during that meeting did include comments from
J. Townshend recommending an Outstanding and J. Driscoll recommending a Commendable. The vote taken was made with J. Townshend moving the BOS assign a rating of Commendable for the Town Accountant, J. Driscoll seconded out of necessity, and the motion carried 2-0.
J. Townshend stated that he thought it had been an Outstanding, that as the tape indicated he had pushed for an Outstanding twice; that it was his error and that the Town Accountant would have to take her issue to the Personnel Policy Committee. J. Driscoll reiterated that J. Townshend made the motion for a Commendable, that he seconded out of necessity, and the motion carried 2-0.
The BOS then discussed the rating of the ES. He stated that the BOS had previously voted to enter into negotiations for a three year contract; J. Townshend clarified that the vote was 2-1, that he was against a three year contract for any employee; that a one year contract is good for any town employee; that it’s in the best interest of the Town; that of the remaining department heads that
N. Breault’s is the only one he is pushing for three years; that he signed off on the contract of Carolyn Porter for three years, but that he was new; that a three year contract makes it harder to track the employee; that every year when appraisals come around the employee doesn’t have to worry about losing their job; that it could be argued that there is a contract that the Town could get out of, but that
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December 5, 2006
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is benefits the employee much more than it benefits the Town; that he does not see any reason at all for any employee to have a three year contract; that he is totally against it.
J. Driscoll stated that he believes he had hired five department heads since he has been there; that
N. Breault’s contract had been different; that the Town had lost one of its best ES’ because it was undergoing Charter Review, that he left and was making a lot more money; that this position is underpaid; that similar positions are paid significantly more. J. Driscoll then discussed N. Breault; that he came in from working for Mayor Ryan; that since he’s been here he has grown into this position; that for the first time the Town has a Procurement Officer; that he could leave for a higher paying position; that it was the BOS’ determination to protect its investment; that he has done an excellent job; that it is important to protect not just N. Breault, but all the department heads. He mentioned that J. Townshend had signed a three year contract for the Recreation Director, and did not vote against the BOS decision to enter into negotiations with the Chief of Police for a five year contract. J. Driscoll recapped that they were not in agreement on the evaluation for N. Breault or C. Porter; that they were in agreement on the rest; with discussion of the Town Clerk having marked the wrong spot on the evaluation sheet; that
J. Driscoll had confirmed with the Clerk what the rating should have been, and the BOS agreed on the Clerk’s rating.
J. Townshend then commented there has never been a three year contract for an ES. J. Driscoll said that if they had had one with the previous one that they might not have lost him; he then went on to comment on the Charter Review and the form of government that the Town has with a part-time BOS, for example last week he worked fourteen hours on town business; that is why it is important to have good department heads in place. J. Townshend agreed that the ES has a lot of responsibilities; that as he has said the Town’s CORI certification expired in March; that falls under the ES.
J. Driscoll said that it was something that occurred, but
that it was as simple as faxing a letter and that it had been corrected. J. Townshend said that it was corrected by
him; that during the time it had lapsed that Romito’s received liquor
license. J. Driscoll said that he was
glad to hear the other night that J. Townshend had agreed that
J. Townshend then commented on how he thinks there are a lot
of things that the public should be aware of; for example an email relative to
the Planning Board for TC to defend the board in Superior Court in defense of
an appeal filed by Edens and Avant, to take notice that they will be adding a
provisional $10,000.00 to the legal line item for the first stages of
litigation; that this is for Lowe’s. He
questioned why this wasn’t put on the TC agenda. J. Driscoll said for the record that this was
a topic that was brought up at an Appropriations Committee (AC) meeting that
they both attended last week and asked if J. Townshend had asked to put this on
the agenda for tonight. J. Townshend
said that he had tried to put something on the agenda a few months back but
that J. Driscoll had taken it off; re:
the
J. Driscoll commented again that this was discussed at the AC meeting; that this could have been put on the agenda; that this was a Planning Board (PB) issue; that he would like to see the PB meetings televised; that having cameras permanently mounted would allow PB, Public Works and other board
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December 5, 2006
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meetings to be televised. There was brief discussion about the need for the equipment, with the members in disagreement; and the need for volunteers for ELCAT.
J. Townshend then read an email from Robyn Macdonald, Planning Board Director, to the AC re: the request to put in the provisional $10,000.00 in the legal line item to cover costs associated with the appeal by Edens and Avant. J. Driscoll was asked by J. Townshend to explain the suit since he was involved; J. Driscoll recapped the creation and passage by Town Meeting in 2006 of a the By-law regarding “big box” stores, although not necessarily Lowe’s; that the Attorney General had since approved it; and that this appeal was brought by the attorney’s representing Edens and Avant; that $10,000.00 is a lot of money, but pales in comparison to what it would have cost to support the added police and fire coverage to support a big box store in town.
TC was recognized. He said that to clarify, the appeal is not directly related to the zoning action taken by Town Meeting last spring; that in conjunction with what was going on, the developers had filed for sub-division approval for the property behind the Stop and Shop plaza on North Main Street and that process went through the normal PB process with public hearings; that the developers have appealed the actions taken by the PB to Superior Court; the PB denied the sub-division plan in part because the developers refused to grant the PB an extension to review a revised sub-division plan, that the PB was running out of time to act within 90 days of the filing of the definitive plan; the PB denied the plan, filed the plan and then the developers filed an appeal arguing that the plan at the time of the filing was constructively approved and are challenging some other aspects of the planning process; that this suit is related to strictly planning functions; that it is an appeal of a sub-division action; that it would not come before the BOS except as a way of information generally, or by way of legal defense since the law department is chosen by the BOS and paid by the law department budget.
TC said to J. Townshend that he did intend to discuss this with the BOS tonight in executive session under existing litigation, but only to bring the BOS up to speed. J. Driscoll recapped that this was an executive session item brought into open session by J. Townshend; that it had nothing to do with his individual support as a Selectman of the proposal for the zone change, except that it is under the jurisdiction of the BOS for legal counsel; that it is an appeal of a sub-division. TC said the sub-division was initiated because of the zone change, but it’s not directly related; that it was an issue of an extension not being granted. J. Townshend discussed whether this was an executive session item; TC said that the existence of the suit is not executive session, but that he might have brought up strategies by the PB in executive. J. Townshend commented that this email, like any public document, was not an executive session item. TC explained that any document that falls under any of the 26 provisions for an executive session would be for executive session; but that in the case of this particular email since it was notification of the suit and possible costs it would not be an executive session document.
J. Driscoll then brought the discussion back to the evaluations and confirmed with J. Townshend that they were not in agreement on N. Breault’s and C. Porter’s evaluations, but were in agreement and could sign the rest.
For discussion, Board of Health Chairman
Continue using the Chair of BOS for signature on BOH letters.
Letter to Nuwanda Evans, Human Resources; re: New Sergeant, Police Department
Item noted.
Minutes, Board of Selectmen
December 5, 2006
Page 8 of 10
For discussion letter from Dept. of Communications & Energy, re: License Expiration Notice Charter Communications. It was noted that the assessment process is under way.
"Connect-Cty".
Discussion of the telephone notification service was held; TC questioned whether this was a service that needed to be put out for bid. The ES to research. Item tabled.
Miller dog.
The ES reported that the quarantine for this dog was up tomorrow. TC advised that, as in the previous situation with this dog owner, that the Town’s recourse could be to file an action for recovery, but that the cost to do so would be similar to the sheltering costs.
J. Driscoll brought up discussion as to the break down of the expenses submitted by TC; asking for clarification on what is part of his contract, and what expenses are beyond that; that it was his understanding that services such as contract reviews, attendance at meetings with the BOS, department heads, other boards and commissions, etc. are covered in the contracted amount. TC agreed with this, but added that under town by-laws extraordinary contract negotiations or other activities outside the normal activities of the community would be a different situation; but that all meetings with BOS, review of normal contracts, etc. are covered under the stipend.
J. Townshend asked if he gives the Town a monthly bill? TC explained that to the extent of any expenses related to litigation he submits a bill, but that normal operations are covered under the budgeted amount. J. Townshend asked how much TC was over his stipend last year? TC said that last year he would have been over by about $7,000.00 based on the hours he keeps track of internally, but that the Town did not pay more than the $22,000.00 budgeted for the stipend; but that the Town did pay beyond that for the expenses relative to litigation; that anything he does as directed by the BOS that is not related to litigation or of an excessive nature, or a very complicated contract that takes and extensive amount of time which would be billed separately, is part of the stipend.
Update, Heenan Dog.
TC said he has reviewed materials related to this matter; that he understands the concerns in this matter, but that there is a protocol in place; that it looks like the procedure was appropriate; that he doesn’t think there is anything more the Town should do.
TC recapped the situation; that it appears that the property owner constructed a fence in violation of by-laws; that the fence viewer had suggested the owner seek a variance or take it down; that neither has happened going back four years. TC will speak with the Building Inspector.
NEW BUSINESS:
MIIA 2-year guarantee proposal offer for FY 2008 & FY 2009.
TC advised that insurance contracts are not required to be bid. The ES to research.
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December 5, 2006
Page 9 of 10
Liquor license renewals.
Reid’s Variety: J. Driscoll noted that Reids is returning its beer and wine license, not renewing.
Fusion: J. Driscoll noted that there is a state snafu with the license for Fusion. TC stated that he understands from their counsel that they will come forward to file as a new LLC, that the state had approved the previous one; that there is no indication the state will not approve it.
Simone’s: TC advised the BOS that is consider having the licensee to come before them to discuss his plans for this business; whether they intend to re-open, to show the BOS the plan, that they have a legal right to use this site and to submit a business plan. J. Townshend asked what would happen if the BOS was not in agreement when they come before them and TC explained that it would then go before the ABCC for its determination.
For discussion; Senior Tax Deferral.
J. Driscoll brought up discussion of how many empty-nesters are having difficulty staying in town and wanted to find out about what programs may be out there for relief. TC said that he didn’t know what the statute was; that he could check with the Assessor’s for the next meeting; that the Assessor would need to run the numbers for impact, that deferrals would mean a short-term gap; that he would research it.
J. Townshend stated that he didn’t think the Town should be in the habit of carrying paper on houses; that there are risks including the possibility of real estate getting run down. The BOS members discussed the issue pro and con briefly. TC to report back to the BOS.
Dog Officer.
J. Townshend recommended the BOS appoint Linda Galpert as the Dog Officer; he felt that she was the better of the two candidates; that one worked for the probation department and one worked for the FBI; that she impressed him a little bit more than the other candidate.
J. Driscoll said that he thought they were both excellent candidates; that he was more impressed with Henry Moran; that as an officer of the court he probably had more real life experience that was better suited to the position.
The decision was tabled to a future meeting.
Motion J. Townshend moved the BOS enter into executive session to discuss the personnel issues relative to the Town Clerk’s office; to return to open session for purposes of signing liquor license renewals and department head evaluations, and then to adjourn. J. Driscoll seconded out of necessity. A roll call vote was taken, (Townshend, “Yes”; Driscoll, “Yes”.) Motion carried 2-0.
J. Driscoll made an announcement that he had learned that Mr. John R. Lungren, a long time town resident and former Selectman, had passed away recently. He cited his work in the community through many community organizations, and expressed condolences to the family.
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December 5, 2006
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J. Townshend asked about the Personnel Policy Committee meeting relative to who was going to represent the BOS? He asked J. Driscoll if he was going to remove him from the Personnel Policy Committee. J. Driscoll said that they discussed personnel issues in executive session and that he is concerned whether or not the view of the Board would be represented. J. Townshend asked whether he was removed as the liaison of the PPC. J. Driscoll said that he had contemplated removing him, but that he had not and did not intend to remove him for that meeting.
The BOS signed the license renewals and the evaluations.
Motion J. Townshend moved the BOS adjourn the meeting. J. Driscoll seconded out of necessity.
Motion carried 2-0. Meeting adjourned at 10:00 p.m.
Minutes respectfully submitted by Nick Breault, Executive Secretary.
APPROVED: BOARD OF SELECTMEN’S MEETING, TUESDAY,
FEBRUARY 27, 2007.