MINUTES

Board of Selectmen Meeting

Tuesday, January 16, 2007, at 7:00 P.M.

Town Hall Hearing Room, 60 Center Square

East Longmeadow, MA 01028

Present: James D. Driscoll, Chairman; Joe Townshend, Clerk of the Board

Chairman of the Board of Selectmen opened the Meeting with the Pledge of Allegiance.

7:00 P.M. - APPOINTMENTS: TOWN CLERK, THOMAS FLORENCE

Town Clerk spoke of the good news that the Town was approved for the General Obligation Bonds for various projects. These Bonds were already approved at the Annual Town Meeting which took place in May. Town Clerk mentioned that the Towns' Bond rating is A-1 which gives the Town a much lower rate when borrowing long term with interest rates of 3.91%, and that the Credit rating is a triple A rating.

The Selectmen signed the General Obligation Bonds and also signed the Continual Disclosure Certificate. Town Clerk left manuals for each project with the Executive Secretary.

There was mention of the Special Town Election on Tuesday, January 23, 7am-8pm, at Birchland Park Middle School and that the election calendar has been sent to the Superintendent of School for the following year.

J. Driscoll asked about the temporary employee in the Clerk's Office. Town Clerk said that the temp is working out well, and that business certificates are almost all caught up; will be having her start two more projects shortly.

7:15 P.M. - FIRE CHIEF, P. ROBERT WALLACE, MONTHLY MEETING

J. Driscoll said that the Chief's compensatory time has been well documented, and that he has no problem with his time. The genesis of the letter sent was with other departments to bring the Selectmen up to speed with the way the compensatory time is documented.

Regarding the Budget the Chief said that the 3% was mostly used up by the union contract. The Chief said that he had increased the fuel amount. The Chief went over the budget and mentioned that salaries consume 91%. The Chief said that the whole operating budget is $46, 244. J. Driscoll asked about the $6,000 for building maintenance supplies. This amount is for anything to do with operations other than vehicles. The Chief said in order to balance the budget he had to decrease the operating budget to add more money to salaries.

The Chief said that there are no Warrant Articles or Capital Articles.

Board of Selectmen meeting 1/16/07

continued

7:30 P.M. - POLICE CHIEF, DOUGLAS MELLIS, MONTHLY MEETING

The Police Chief discussed the budget presented per the request of appropriations for a 3% growth. If cuts are to be made it would be an elimination of support personnel not police personnel. The Chief said that with the 3% they would be able to factor in potential contract negotiations that were discussed. Selectman Driscoll mentioned that the officers are the eleventh lowest paid in the surrounding areas.

Chief gave an update on the community police program in the high school has been overwhelmingly received by the students, staff and parents. Currently there are four officers involved in the program. The program is only part time (four hours) would like to see full time; could migrate down to the middle school. At some point would like the officers to come before the Board to give an update on how the program is working. Trying to get a representative from the governor's highway traffic committee to come and address on seat belt safety. The Chief said he would look into the possibility of having the School Department help fund more of the program.

The Chief gave a brief update on the officers that are currently in training; anticipated to graduate in April which will give two more officers as backup in the Department.

The Selectmen noted the trash incidents for December 1-06 through December 31-06 reported by the Police Department.

Regarding the public record request to review police contracts from Lou Calabrese, the Selectmen said that they are public records and to honor the request.

The Selectmen voted to accept the $100 donation from Richard P. Doleva to the Police Department. J.Driscoll made motion to accept, J. Townshend so moved motion, J. Driscoll seconded out of necessity. Vote passed. Thank you letter will be sent to Richard Doleva for his donation.

The Chief is requesting dumpster replacement at the Police Station. Executive Secretary will check into what the cost would be.

8:00 P.M. - HEARING, TRANSFER OF ALL ALCOHOLIC BEVERAGES LICENSE FROM FIFTY-THREE NORTH MAIN STREET d.b.a, FUSION CAFÉ TO YUMMYDOUGH INC., d.b.a., FUSION CAFÉ, 53 NORTH MAIN STREET, RUSSELL CHOW MGR.

A sign-in sheet was passed around for the Hearing and is attached as part of these minutes.

The Legal Notice was read by J. Townshend, Clerk of the Board. Attorney Lawrence Levine was practitioner's representative. Mr. Levine mentioned that two years ago Fifty-Three North Main Street was sold to Yummydough Inc., but due to a clerical error the paperwork was not properly filled out when submitted to the ABCC. This was discovered when the renewal was received from the ABCC the name had not been changed. According to the ABCC the entire procedure had to be re-submitted for approval. Attorney Levine presented the Selectmen with the new paperwork for the Board's approval and than to be submitted to the ABCC for approval. There was no further discussion.

Board of Selectmen Meeting 1/16/07

Hearing continued

J. Driscoll out of necessity entertained a motion to approve the Transfer of All Alcoholic Beverages License from Fifty-Three North Main Street, d.b.a., Fusion Café to Yummydough Inc., d.b.a., Fusion Café, 53 North Main Street, Russell Chow, Manager. J. Townshend seconded. Motion was passed.

J. Driscoll out of necessity entertained a motion to approve a Catering License for Yummydough, Inc. d.b.a., Fusion Café, 53 North Main Street, Russell Chow, Manager. J. Townshend seconded motion. Motion passed.

8:15 P.M. - APPOINTMENT: DAVID & SAMANTHA MACERO

Attorney Steven Manning represented David & Samantha Macero. Attorney Manning explained to the Board the plans that the Macero's had in mind regarding the business they wanted to open. The operation would be a girl's boutique between the ages of 5 & 13, in combination with birthday parties. The Planning Board approved the Macero's request contingent upon whether or not any licenses were involved for Selectmen's approval such as entertainment or food service. According to the Health Inspector no food service licenses are needed. Cakes brought in are to be from commercial bakeries or store bought with labels on them, which the Macero's were in agreement with. The Health Inspector gave his approval. After further discussion with Attorney Manning the Selectmen decided that there was no need for an entertainment license at this time and gave their approval.

8:30 P.M. - APPOINTMENT: DANIEL HELLYER, BUILDING INSPECTOR

The Building Inspector came before the Board to give an account of his being deployed to Africa for the Navy. Mr. Hellyer said that he was pulled out of a massive data base and will be on duty for a year with the estimated date of return into the country being January 5, 2008. J. Driscoll said that the Board is proud of his service and the work he has been doing as Building Inspector and is looking forward to his safe return. The Building Inspector discussed his temporary replacement saying that the person has to be a certified building official according to Massachusetts General Law. An interim can be hired for thirty-days however, after the thirty-days the individual has to be a certified. Mr. Hellyer said that he has been speaking with a retired building official in the area that has shown an interest in the temporary full-time position. Mr. Hellyer mentioned that he was not sure if this had to be advertised; the Selectmen will discuss with Town Counsel.

Mr. Hellyer discussed two issues with the Selectmen; one being what could be done with his vacation for this Fiscal Year, pay off or carry over to 2008. The Selectmen left it up to him. Mr. Hellyer will present again once his medical is cleared. The second issue was that the Planning Board had spoken to Town Counsel regarding a zoning enforcement officer and is leaning toward the Building Department for funding. J. Driscoll said that the Town does not need that extra expense and that he would not support creating a separate position. Selectman Townshend agreed.

Mr. Hellyer also mentioned that a 4% increase was budgeted for a the electrical and plumbing inspectors, which equates to less than $400 a year for each inspector; probably the most underpaid in Western Massachusetts. The Inspectors are currently receiving an $80 stipend for fuel each month. The budget would not allow for more than a $10 increase, ($10 increase was submitted). The Building Inspector went on to say that the inspectors are doing about 600 inspections each a year which equals out to about $12-$15 per inspection, and that the electrical inspector is called out frequently by the Fire Department. A comparison with other towns showed that the inspectors are paid by the inspection

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Appointment Building Inspector continued

with Longmeadow paying $20 for each. Inspectors pay comes from permitting fees not taxpayer's revenue. J. Driscoll all in favor of Building Inspector managing his department and staying within budget, but still has to go to Appropriations.

9:00 P.M. - APPOINTMENT: NELSON RODRIGUEZ, PRESIDENT, SHAKER PINES LAKE ASSOCIATION, ENFIELD CONNECTICUT.

Mr. Rodriguez handed out material showing the beaver dam issue at Shaker Pines Lake Association, a community comprised of about 230 houses; and was coming before the Board to see what could be done in attempt to resolve the beaver problem. Mr. Rodriguez mentioned that he was trying to do everything possible to protect the Shaker Pine community and the lake. In July the DPW went out and cleaned up debris. Some of the property in question is conservation land (22 acres) which was donated to the Town by MassWest Development. The Health Inspector was present at this appointment and said that the Selectmen/Board of Health could have the DPW go out and evaluate. Executive Secretary will contact Mr. Kelley (DPW) on behalf of the Board to visit the site and do an evaluation and also as a long term solution suggest a trapper to be used. There was further discussion between the Health Inspector, Mr. Rodriguez, and the Selectmen regarding trappers and what role they could play.

BOARD OF SELECTMEN

NEW BUSINESS

The Executive Secretary explained the request from JoAnne O'Neil, on behalf of Healthtrax and the YMCA to develop a four town community program on the benefits of exercise; and are asking for a representative from the Board of Selectmen. J. Driscoll thought it was a good idea but needs more information. Executive Secretary to contact JoAnne O'Neil.

A draft of the annual town reports for the Board of Selectmen and the Board of Health were presented to the Selectmen by the Executive Secretary from the previous year. J. Driscoll said to revise the reports to add any new department heads and the uniqueness of the Fiber Optic project. J. Driscoll mentioned that he will look into the report a little closer with the Executive Secretary before being submitted.

J. Driscoll spoke of the letter from Goodwill Industries of Springfield/Hartford Area Inc., and their discontinuance of service for televisions, stereo consoles and microwaves. This service is being discontinued because of no longer having a vendor to recycle the material. The Executive Secretary mentioned that in the past residents were able to bring their televisions to Goodwill for a fee. The Executive Secretary spoke with Arlene Miller, Western Mass Recycling Coordinator, to see if there

were alternatives. Ms. Miller did not have any recommendations to offer at this time. J. Driscoll asked if these items could be brought to the transfer station. Executive Secretary mentioned that he had spoken to DPW and the items are very expensive to dispose of, and also some of these items may contain materials that could cost the Town "headaches" as far as the DEP is concerned, (storage). For the time being residents are asked to check the yellow pages. J. Townshend said that he wasn't happy with telling the residents to check in the phone book, it is our responsibility to provide the service the Town. J. Driscoll said that the Town could not afford to provide the service that the residents would have to be charged. J. Driscoll said that he did not think that it was the Town's responsibility and that the transfer station is not under the Selectmen's jurisdiction. J. Townshend mentioned that perhaps

Board of Selectmen Meeting 1/16/07

New Business continued

something could be worked out with the Superintendent of Public Works. J. Driscoll thought it was a good idea and that Selectman Townshend could follow-up.

J. Driscoll gave an up-date on the Fiber Optic in Town and talked about the Connect Cty software program at the IT Committee meeting. J. Driscoll asked if any correspondence has been received back from Connect Cty regarding pricing combined with the schools program. Cty is a Software program used by the school department to dial out to inform the citizens, marking period endings, PTO meetings etc., great form of communication. IT Committee recommended that the Selectmen look at the program for the whole town for better form of communication. DPW is also in favor. There was further discussion from J. Townshend regarding the cost of the system. Acting IT Director and Executive Secretary to follow up.

BOARD OF HEALTH

NEW BUSINESS

J. Townshend made motion to approve the Massage Therapy License renewal for Kathleen O'Connor, 189 Broadway Street, Chicopee, practicing as Quantum Life Management, 30 Westwood Avenue.

J. Driscoll seconded out of necessity. Motion passed

The Selectmen signed the Citation for Robert Joseph Perkins, Troop 275 for accomplishing the rank of Eagle Scout.

Regarding the DEP Waste Reduction Grant geared specifically for recycling in the schools, the Executive Secretary mentioned the Selectmen's Office received a video, DVD, and brochures that are to be passed onto to schools for viewing to enhance recycling in the schools. J. Townshend asked what the cost of the grant was. Total for this year's grant is around $1,860, does not include technical assistance that DEP pays for. The Executive Secretary went on to say that the Town has been the beneficiary of several grants from DEP which have been used to purchase recycle bins, compositing bins and this year has submitted for post cards which will cut down on the postage of the recycling calendars that are mailed out to the residents.

TOWN COUNSEL

OLD BUSINESS:

There was discussion regarding James Motors, a petitioner for a Class II Used Car Dealers License and if abutters were to be notified would it be 100 feet or 300 feet. J. Driscoll said that currently there is no requirement to notify abutters. It was decided to use the 300 feet abutters list and that bonding is required for any Used Car II License holders. According to the Clerk's Office nothing indicated that Cori checks have been done in the past with this type of license holder. J. Townshend questioned that it was not a requirement. J. Driscoll said that according to counsel it was not a requirement according to the statute, and that he is not in favor of having the petitioner Cori checked, not usually the policy with these types of licenses. Selectman Driscoll went on to say that if the decision is to adopt as a policy than other license holders should be asked also. J. Townshend disagreed and wanted it tabled until further discussion with Town Counsel.

J. Driscoll mentioned Article 11, and the inclusion of the language, "additional liquor license" in conjunction with the By-law that was passed at Town Meeting that was excluded from the State Law.

Board of Selectmen Meeting 1/16/07

Town Counsel Old Business continued

Representative Rogeness gave a brief explanation to the Executive Secretary saying that the petition does not go for debate on the floor but goes before a committee that handles such matters and they have their own rules and criteria; this was the language they created for signature. J. Driscoll said that this is a major difference in language than what was presented at Town Meeting, language should have said "in advance of, not additional". Selectman Driscoll went on to say that the concern is when the federal census comes out in 2010 it will have created two additional licenses in addition to the one that was just issued in advance of that. The petitioner will be coming before the Board on January 30, 2007. Selectmen have tabled until discussion with Town Council to see if there is any recourse.

There was further discussion from Selectman Townshend regarding the renewal license of Simone's Restaurant and that it should not have been issued, did not appear to be in business at the time of renewal. J. Driscoll said that Selectman Townshend signed the license and that it had nothing to do with the issue at hand.

Regarding the meter reader position, the Selectmen received conformation from the Superintendent of Public Works that the position is being eliminated altogether beginning July 1, 2007. J. Townshend had questions regarding the elimination of the position and that he hated to see an employee with so many years with the Town lose his job. J. Townshend asked if there anything being planned to help this employee. J. Driscoll agreed and said that Mr. Joyce is a member of the Town Employee Union and this is a collective bargaining issue. Executive Secretary mentioned that Town Labor Counsel had advised to send a letter to the Union asking for any proposals as to the impact of the loss of the position. Executive Secretary will notify the Town Employee Union about the elimination and the reason why. Mr. Joyce will also be copied on any correspondence.

J. Townshend brought up the issue again of not receiving all the e-mails. J. Driscoll said that he has never seen an e-mail that Selectman Townshend was not copied on and that he has never given a single example. J. Driscoll said not to mention again unless Selectman Townshend has an example, don't make any blind acquisitions. The discussion continued.

Executive Secretary mentioned the design committee narrowed down to one design team for the Senior Center Project.

Executive Secretary mentioned the draft letter to be sent out to a staff member of the Selectmen's Office that has been out on sick leave. Selectman Driscoll and Selectman Townshend gave approval to send out. The staff member is aware that the letter will sent out.

NEW BUSINESS:

The Selectmen noted the letter from Kevin Donovan, Town Administrator for the Town of Kingston and his request for support regarding meal taxes that are not being recorded.

Regarding the letter from the General Manager Central Mass Disposal and the Household Hazardous Waste bill, J. Driscoll mentioned to hold for Town Counsel. J. Townshend said that he did not agreed that this should be an executive session matter. Executive Secretary said that the matter could possibly be potential litigation. Selectman Townshend said that the content is something that the Townspeople should know about and proceeded to read the letter.

Board of Selectmen Meeting 1/16/07

Town Counsel New Business continued

The discussion reverted back to the Cty phone system and the posting of the IT Department Network Supervisor's position. There was lengthily discussion between the two Selectmen. Cori certifications were brought up again by Selectman Townshend. J. Driscoll said that his certification was on file and has not seen Selectman Townshend. J. Townshend will bring in a copy of his certification. The discussion continued.

Town Counsel was not in attendance at the meeting, items number 3 and number 5 under Old Business and item number 2 under New Business were tabled until the next scheduled Board of Selectmen Meeting.

CORRESPONDENCE:

Selectman Townshend read the e-mail from Lauren a seventh grade student at Birchland Park School regarding the need for more youth activities in Town. J. Driscoll said that he agreed with the seventh grader and that there is really nothing for youths to do in the evenings. J. Driscoll mentioned the great facility in the Town's parks department, sports and activities. Executive Secretary to contact Lauren and the Recreation Director set up a time for them to meet with the Selectmen to discuss her ideas.

J. Driscoll congratulated the Executive Secretary Nick Breault for completing the training for Procurement Officer for the Town of East Longmeadow. J. Driscoll mentioned that this is the first time the Town has had a Procurement Officer and the Town will be well served by now having one.

The Selectmen made notice of Public Hearing from the Springfield Redevelopment Authority regarding the proposal to create the Memorial Industrial Park II District Improvement Financing District Program.

J. Driscoll mentioned the e-mail from Marc Maccarini, High School Career Center, with notification to seniors and juniors of scholarship dollars available.

MEETINGS/INVITATIONS/REMINDERS

J. Driscoll read the meetings/invitations/reminders.

Selectman Driscoll mentioned that he had spoken with Representative Candaras' Office regarding the status of funds ($400,000) which were earmarked for the Senior Center Renovation Project by Senator Lees Office, and that the funds have been restored for use.

J. Driscoll mentioned that were vacancies on the Cable Access Television Committee.

J. Driscoll made motion to adjourn. J. Townshend so moved the motion. J. Driscoll seconded out of necessity. There was no further discussion. Motion passed.

Meeting adjourned at 9:40 P.M.

Respectfully submitted by, Lorraine Banspach, Assistant Executive Secretary.

APPROVED BOARD OF SELECTMEN MEETING, WEDNESDAY, MAY 8, 2007

_______________________________________________

Joe Townshend Clerk of the Board of Selectmen (Note Clerk of the Board at the time of this meeting).