MINUTES
Board of Selectmen Meeting
Tuesday, June 19, 2007, at 6:30 P.M.
Town Hall Hearing Room, 60 Center Square
East Longmeadow, Massachusetts 01028
Present: Jack Villamaino, Chairman Board of Selectmen; Joe Townshend, Chairman Board of Health; James Driscoll, Clerk of the Board.
APPOINTMENT:
6:30 P.M. - FIRE CHIEF MONTHLY MEETING
Chief Wallace spoke highly of Senior Call Firefighter Joseph Pugliano and his thirty-five years of dedication to the East Longmeadow Fire Department. Chairman Villamaino presented Firefighter Pugliano with a service pin. A service Award from the Commonwealth was also presented to Firefighter Pugliano.
Regarding the Fire Station roof, Chief Wallace mentioned that he would be taking the issue up with Town Council.
6:35 P.M. - HAMPDEN
BOARD OF SELECTMEN
John Flynn, Chairman of the Hampden Board of Selectmen reported that it was the unanimous vote of the Hampden Board of Selectmen to recommend to the East Longmeadow Board that the Towns enter into a new three-year contract with AMR Ambulance. Selectman Flynn asked to codify the agreement to add the training that has been a past understanding between the two Towns and the company. Also to see if the wording could become part of the contract training provided to the public safety officers of both communities.
J. Villamaino asked Selectman Townshend and Selectman Driscoll if they had any conclusions or recommendations between the two companies that were interviewed, AMR and AMB Care at the past meeting. The Selectmen all agreed that the contracts were similar in nature; it would be difficult not to accept the "zero" per year with full paramedic coverage from AMR, saving taxpayers about $46,000 that could be turned back in to the general fund.
J. Driscoll moved that the Board of Selectmen approve the contract for AMR and allow the Chairman of the Board to act on their behalf for final negotiations. J. Townshend seconded. There was some discussion from Selectman Townshend. All were in favor. Motion passed.
Board of Selectmen Meeting, June 19, 2007
continued
6:45 P.M. - POLICE
CHIEF MONTHLY MEETING
The Clerk of the Board read the letter received from Bach Towing, one of the respondents to the RFP, regarding other respondents. The Police Chief took offense to one of the statements in the letter. The Chief said that current approved towers for the Town are CJ's and Bach's, with minimal problems with both. Roadside withdrew in February. The Chief went on to say that he was not aware that he should be signing any contract and that he was doing so at the request of the Selectmen. The issue will be deferred to Town Counsel. Selectman Townshend did not agree.
J. Driscoll made a motion to adjourn to executive session to discuss personnel matters to return to open session. J. Townshend seconded. There was no further discussion. Motion passed by roll call vote. Mr. Townshend, yes; Mr. Driscoll, yes; Mr. Villamaino, yes.
7:00 P.M. - CAROLYN
BRENNAN, COUNCIL ON AGING DIRECTOR
Ms. Brennan gave an update on the renovations at the Council on Aging, and that the ground- breaking ceremony would be sometime in July. Ms. Brennan gave complements to the Executive Secretary, the Department of Public Works and the IT Department for all their assistance.
Ms. Brennan mentioned that she is doing her best to get equality in staffing. Regarding hours Ms. Brennan stated that she would like to reduce the hours of the Assistant Activity Director from 19 hours to 15 hours a week, would like to see the Activities Director compensation increased to $13.19 an hour and increase the secretary's hours from twenty-five to thirty. This would not affect the budget.
J. Townshend made motion to approve the proposal from the COA Director, J. Driscoll seconded. There was no further discussion. All were in favor. Motion passed.
7:45 P.M. - FRED
KOWAL, HEALTH INSPECTOR
The Health Inspector gave a brief history of the property located at 106 Maple Street. The Board of Health was involved along with the housing court and took steps to clean up the interior of the dwelling. It was done by a local vendor. The concern that the Board of Health has is with extreme overgrowth on the outside of the property. The Health Inspector said that he has seen little progress and is suggesting that the Board of Health take some action. The homeowner, Susan Lindgren was present for the appointment. J. Townshend, Chairman, Board of Health will be the liaison.
J. Driscoll made a motion that the Board of Health ask the Health Agent to provide a specific list to the Board, through the Chairman and to the Executive Secretary that will itemize exactly what is needed to bring the property up to code and why. The Board would provide the information to the homeowner. J. Villamaino seconded. There was some discussion from Selectman Driscoll. All were in favor. Motion carried.
J. Villamaino made a motion for a five minute recess. J. Townshend seconded. All were in favor. Motion passed.
Board of Selectmen Meeting, June 19, 2007
continued
MINUTES:
J. Villamaino made a motion to approve the minutes of March 27; March 30; April 11 and April 24, 2007. J. Driscoll seconded. There was no further discussion. All were in favor. Motion passed.
BOARD OF SELECTMEN
OLD BUSINESS
Regarding the lighting audit from Prism Consulting, Selectman Villamaino said to extend the invitation to see if they would be available to address the Board with their evaluations. It was suggested by the Executive Secretary to invite the Superintendent of Schools, the Chairman of the School Committee and the Building Facilities Manager.
NEW BUSINESS
J. Villamaino entertained a motion to approve the Boards and Commissions, the individuals listed on the current list as of June 19, 2007; will be appointed to their appropriate and corresponding Boards for their said terms. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
J. Villamaino made the motion to approve the change of ownership from Jack Chen Restaurant Dong Ting Inc., to Jian Bo Chen, d.b.a., Dylan Diner, Inc., approval of Food Service and Common Victualer, 59 Maple Street. There was no further discussion. All were in favor. Motion passed.
J. Villamaino made the motion to approve the request from the American Legion for a two day a Liquor License (beer); temporary food service permit and to erect a 20'- 40' tent on Saturday, June 30, 2007 from 12Noon to 11pm and Sunday, July 1, 2007 from 12Noon to 8pm, at
J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
The Board noted the correspondence from the Massachusetts Association of Conservation Commission regarding the Certificate of Achievement Award to Jody O'Brien, Conservation Commission member. The Executive Secretary to send a letter of congratulations to Ms. O'Brien from the Board.
The Board signed the Certificate to Devin Raciot for achieving the rank of Eagle Scout.
The Board set the date to meet of Tuesday, July 3, 2007 at 5:30pm to meet with the Appropriation Committee.
Building Facilities Manager requested maintenance funds regarding the cell tower located behind the Fire Station on Somers Road, Cingular building. The cost would be around $5,000 yearly to run the building. The Executive Secretary explained that there is a building at the base of the cell tower that houses various electric equipment. This has not been maintained by the Town; could need maintenance in the future that is the reason for the request. J. Villamaino said that
Board of Selectmen Meeting, June 19, 2007
New Business continued.
would be discussed in the very near future. The Executive Secretary will contact the Building Facilities Manager.
Regarding the request for maintenance funds from the Building Facilities Manager, Executive Secretary explained that there is a building at the base of the cell tower that houses various electric equipment, the Town has not maintained, nothing pressing at moment however over time could be some maintenance needed. J. Villamaino said that would like to discuss in the very near future. The Executive Secretary will contact the Building Facilities Manager.
J. Driscoll moved to approve the recommendations from the Police and Fire Departments in conjunction with the Site Plan Review for Hunter Development Company, 175 Benton Drive.
J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
J. Driscoll moved to approve the request of Kelley Stenta for a Block Party on Redin Drive including the recommendations of police and fire. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
BOARD OF HEALTH
NEW BUSINESS
J. Townshend said that he was not in favor to grant the request from Beverly Hirrschorn, Tobacco Control Grant Manager to place an ad in the paper at the cost of one-hundred-twenty-five dollars as a reminder to people regarding being carded when purchasing tobacco products. The Executive Secretary explained that the money would be coming out of the Tobacco Grant from the state. If there is a balance at the end of the current cycle which is ending June 30, 2007 the money would have to be reverted back to the state.
J. Driscoll made a motion to approve the request for the ad that is based on grant money.
J. Villamaino seconded. J. Townshend said to place the ad in the Springfield Republican.
J. Villamaino yes; J. Driscoll, yes. There was no further discussion. All were in favor. Motion passed.
J. Driscoll made motion to approve the application for a Massage Therapist License for Kristin Calzone, 34 Pleasant Street, Easthampton to be practicing at Peoples Massage, 145 Shaker Road. J. Villamaino seconded. There was no further discussion. All were in favor. Motion passed.
CORRESPONDENCE:
The Board noted the notification from Gary Pierce, Director of Environmental Health & Safety, ECO/Springfield LLC, regarding the Pioneer Valley Resource Recovery Facility Renewal of Authorizations to operate.
MEETINGS/INVITATIONS/REMINDERS
The Chairman of the Board of Selectmen read the meetings/invitations/reminders.
Board of Selectmen Meeting, June 19, 2007
continued
TOWN COUNSEL
OLD BUSINESS
The Board approved the Chairman working with Town Counsel to finalize the contract with AMR. J. Driscoll also wanted to incorporate the Safety Advisory Committee recommendations. Town Counsel said that some recommendations are a little vague but could be worked out.
J. Driscoll said that the IBPO ratified the agreement. Town Counsel said to have labor counsel or IBPO prepare the revised collective-bargaining agreement. The union signs the agreement first than the Selectmen. J. Driscoll made a motion, as presented by Town Counsel, the Board of Selectmen voted to sign a new collective-bargaining agreement that is based on the original existing contract except as modified by the current memorandum of agreement executed and agreed to by the Board. J. Townshend seconded. All were in favor. Motion passed. The Board signed the memorandum of Agreement.
Regarding the Cable Contract J. Driscoll said that Charter refused to negotiate and denied just about everything that was suggested. J. Driscoll said his recommendation to the Board, as Chairman of the Cable Committee, will contact the Cable advisory lawyer and under his recommendation bring to the Board at their results at the next meeting of the Board for signature.
Town Counsel mentioned in conjunction with the letter from the Community Preservation Committee their recommendation to the Board is to move the Depot short term on Town property until a permanent site can be found. Money for the movement would be appropriated by the Community Preservation fund, there would be no cost to the Town. Town Counsel also mentioned the proposal from the Norcross property and their desire in conveying the property to the Town. J. Villamaino said that the cost would be two-hundred-seventy-five thousand dollars. J. Driscoll gave an update on the Depot mentioning that through a representative had communication from the party that is buying the property and there is no urgency on their part to move the Depot. J. Driscoll went on to say that the buyer would be receptive if Town Counsel would draw up an agreement that the Depot could be left where it is until the Special Town Meeting. DPW has offered to fence around the property to prevent any vandalism to the property.
J. Driscoll made a motion that the Board of Selectmen accept the Depot and the new information as donated to the Town by Mr. Rintuol and Mr. LeFebvre contingent upon the agreement being executed until such time there is a Special Town Meeting. J. Townshend seconded. All were in favor. Motion passed. There was further discussion from Mr. Townshend.
Town Counsel gave background on Lot B - Nottingham/Balmoral regarding the restrictions placed on the lots by the Board of Selectmen not to sell until there was documentation filed with the Selectmen's Office that the lots were in compliance. Town Counsel said that after discussion with the Planning Board Director the lots are in compliance with the Conservation Commission. The Board of Health restrictions have also been complied with. Town Counsel recommended, based on the response that the request for the release would be appropriate for signature.
Board of Selectmen Meeting, June 19, 2007
Town Counsel Old Business continued
J. Driscoll moved that the Board of Selectmen sign the release regarding Lot B - Nottingham/Balmoral as recommended by Town Counsel. J. Townshend seconded. There was no further discussion. Motion passed.
Town Counsel explained the diagram submitted by Mr. Cooke and the concern regarding the sidewalk, Elm to Porter that was diverted towards the Mapleshade School building where there is a chain going across which is in violation of ADA compliance. It was determined by the DPW that the property in question is all the schools. Town Counsel recommended that the Executive Secretary, coordinator for ADA, contact Dr. Costa, Superintendent of Schools to have him take care of the situation to bring the condition back into compliance with ADA which would require the chain being removed.
Regarding the complaint from a resident and the plowing of private ways, Town Counsel said that there is a policy that was adopted in conjunction with the Board of Public Works and by the Board of Selectmen where private streets that were requesting to be plowed by the abutters would be reviewed annually to determine whether they were in a condition that would allow the DPW to plow those streets without undo damage to their vehicles. The policy still exists but may not have been implemented in the prior year and may have resulted in the mentioned street being determined plowable and it may not have been the case if the standard had been followed. It was Town Counsel suggestion that the Board of Selectmen and the Executive Secretary work with the DPW to re-establish the protocol.
J. Driscoll moved that the Board of Selectmen reconsider their vote for the taking of Lori Lane. J. Townshend seconded. There was no further discussion. Motion passed. J. Driscoll moved that the Board of Selectmen rescind the taking of Lori Lane. J. Townshend seconded. There was no further discussion. Motion passed.
Executive Secretary explained that there was only one applicant for the vacant position in the Town Clerk's Office as the water and sewer clerk. J. Driscoll moved that the Board of Selectmen appoint Sherri Herrick to fill the position in the Town Clerk's Office. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
Regarding the request from the Recreation Director and the four safes that were left behind when the Credit Union moved out of there space at the Recreation Department, Town Counsel said the safes were a gift from the Credit Union and should be accepted by the Town. J. Driscoll made the motion to send out a memo to all department heads to see if there is a need before they are accepted and have the Building Facilities Manager view the safes for any alternatives.
J. Townshend seconded. All were in favor. Motion passed. The Executive Secretary mentioned that there is a limited time to make any decision on the safes because they need to be removed before the Senior Center starts with their renovations. J. Driscoll moved that the Board appoint the Chairman to be the authority to make the decision on behalf of the Board based on the input that is received in the short term. J. Townshend seconded. All were in favor. Motion passed.
Board of Selectmen Meeting, June 19, 2007
Town Counsel Old Business continued
The Selectmen reverted back to the Fire Station roof that was tabled until Town Counsel's appointment. Town Counsel said that he was not sure what the Chief's issue was and may be some potential for litigation and suggested to discuss in executive session.
The Selectmen reverted back to the letter from back Towing and that there was some validity to the letter. Town Counsel said that it is the decision of the Chief and the Selectmen how many towers are needed to meet the needs of the community. J. Townshend made the motion to accept Bach and CJ's as towers for the Town of East Longmeadow in compliance with the East Longmeadow Department Towing Service Policy and Procedure, Section 402, Eligibility. There was some discussion from J. Townshend. There was no second to the motion. J. Driscoll moved that the Town appoint CJ's Towing as primary tow company and Mascaro's Towing as secondary, with the understanding that if other discresionary issues could be cleared up that the Chief wishes to include at a later date the Board will entertain at that time. There was no second to the motion. J. Villamaino seconded out of necessity. All in favor was Selectmen Driscoll and Selectman Villamaino. Selectman Townshend was opposed. Motion passed 2-1.
NEW BUSINESS:
Town Counsel explained the issue with the bill received from East Longmeadow Center Village, LLC for the cross parking easements. Town Counsel said that the Town does owe a portion of the bill but it is questionable if the Town should receive some type of credit for the portion of the shared parking area that is plowed by the Town. Town Counsel said that he was not sure what the agreement was with the DPW and the owners of the property. Town Counsel will follow-up with the representatives for the East Longmeadow Center Village and report back to the Board.
The Selectmen noted the correspondence from the Walpole Board of Selectmen regarding the suspension of MGL Chapter 40B, Comprehensive Permit Law.
J. Driscoll moved to adjourn to executive session to discuss potential personnel issues and potential contract negotiations, litigation to return to open only to adjourn. J. Townshend seconded. All were in favor. Motion passed by roll call vote. Mr. Townshend, yes; Mr. Driscoll, yes; Mr. Villamaino, yes.
Meeting adjourned at 9:00 P.M.
Minutes respectfully submitted by Lorraine Banspach, Assistant Executive Secretary.
APPROVED BOARD OF
SELECTMEN MEETING TUESDAY, NOVEMBER 20, 2007.
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James D. Driscoll, Clerk of the Board