MINUTES
Board of Selectmen Meeting
Tuesday, May 8, 2007, at 6:45 P.M.
Town Hall Hearing Room, 60 Center Square
East Longmeadow, Massachusetts 01028
Present:
The Chairman of the Board of Selectmen opened the meeting with the Pledge of Allegiance
APPOINTMENT:
7:00 P.M. - LINDA
JOHNSON, DOG OFFICER/ANIMAL INSPECTOR
Regarding the disposal of animals out of Town Ms. Johnson needed clarification whether or not she would be reimbursed for mileage in the event this procedure is required. J. Villamaino said that mileage is already part of her compensation. Ms. Johnson to inform the Executive Secretary when such a trip will be needed.
Ms. Johnson needed clarification in the event a citation was not paid within the 21-days of issuance. Ms. Johnson went on to say that she had found in her past experience that the most effective way to deal with citations is small claims court, (Palmer District Court) versus a lien on the person's property, but wanted direction from the Selectmen. J. Villamaino said small claims court seems to be a more achievable way to collect the delinquent fees and to check with the magistrate. J. Townshend recommended that Ms. Johnson speak with Longmeadow, they also issue tickets. Ms. Johnson will follow-up and report back to the Executive Secretary.
Ms. Johnson said that she has spoken with the Police Chief with the request to have an enclosure set up at the Police Station to house stray dogs until they can be taken over to Porter Road. It would be no cost to the Town. Ms. Johnson mentioned that she would either bring over a crate or a kennel run that she already has. The Selectmen said that they would approve pending approval by Chief Mellis.
Selectman Driscoll mentioned that there were complaints that the Town does not have 24/7 animal control. Ms. Johnson said that she is on call Saturdays and the Alternate Dog Officer is on call on Sundays. Ms. Johnson will send a memo to the Police Department to communicate that information.
MINUTES:
J. Driscoll made motion to approve the minutes of January 16, 2007, J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
Board of Selectmen Meeting, May 8, 2007
Approval of Minutes continued
J. Driscoll made motion to approve the minutes of February 6, 2007, J. Villamaino seconded. There was no further discussion. All were in favor. Motion passed.
J. Driscoll made motion to approve the minutes of February 27, 2007, J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
BOARD OF SELECTMEN
OLD BUSINESS
The Chairman of the Board mentioned that there would be a Warrant preview taping on Thursday, May 10, 2007, 6:30pm, Birchland Park Middle School, conducted by the Town Moderator.
The Selectmen signed the Warrant for May 21, 2007 Annual Town Meeting.
NEW BUSINESS:
J. Driscoll made motion to approve the request from the Jaycees to hold their Annual Summer Carnival from June 29- July 3, 2007; the use of Veterans’ Field on Sunday June 24-July 6, 2007; to sell beer & wine on June 29 & 30 from 6pm-11pm; July 1 from 1pm-11pm; July 2 from 6pm-
11pm & July 3 from 6pm-12Midnight, upon meeting the request and requirements from the Police, Fire Departments, fees will be waived. Townshend second. There was no further discussion. Motion passed.
J. Driscoll made motion to approve the request from Hasbro to hold their Employee Family Fun Outing on Saturday, June 9, 2007 from 11am-4pm; One Day Liquor License (beer & wine); Temporary Food Service Permit, same hours. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
J. Driscoll made motion to approve the 2nd Annual Caribbean Fest to be held on Sunday, September 9, 2007 from 12 Noon-7pm.; Temporary Food Service Permit; One Day Liquor License (beer & wine); Entertainment; and to erect a tent, provided they meet the requirements from Police, Fire, DPW, Recreation, & Health. Waive all fees. Insurance certificate to be presented before event. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
J. Villamaino made motion to approve the Annual Plant Sale at the home of David & Joann DiRico, 450 Prospect Street, Saturday, June 2, 2007 from 9am to 12Noon pending compliance
with the Police Department. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
J. Villamaino made motion to approve the Police and Fire Departments recommendations for the expansion of the existing building on 152 Denslow Road, submitted by JWW Realty LLC, RTH Group, Inc. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
Board of Selectmen Meeting, May 8, 2007
New Business continued
The Selectmen signed the Citations for Eagle Scouts, Kevin Patrick Healey; Michael Charles Healey and Adam Wayne Morini; event will be Thursday, May 31, 2007.
The Clerk of the Board read the e-mail from Anthony Gagnon regarding sidewalk safety. The Superintendent of Public Works summarized by saying the Elm Street project is considered a “large” project currently on the Transportation Improvements Project list with approval of approximately 3.1 million dollars. The joint transportation committee who is in charge of allocation federal funds to local projects has determined a new method of prioritizing projects. This was not one of them; there were more important ones to consider. The Superintendent went on to say that he doesn’t see funding for this project any time soon, the only way of getting sidewalks on Elm Street is to use Chapter 90 money and have the Town do the work. The Board of Pubic Works is weighing all options. J. Driscoll said that he was approached by a group of people called the concerned citizens for sidewalks. Selectman Driscoll said that he had arranged a meeting for June 11th for an informational session with the concerned citizens. Selectman Driscoll went on to say that he would like other members of the Board to attend as well as the Superintendent of Public Works and the Project Manager. The Executive Secretary will notify Mr. Gagnon. There was further discussion from J. Townshend regarding the Porter Road sidewalk.
J. Driscoll made the motion to approve the request from the Under 14 Pioneer Valley Soccer Team to hold a Can & Bottle Drive on Saturday, June 9, 2007 from10am-4pm at Heritage Park parking lot. J. Townshend seconded. There was no further discussion. All were in favor. Motion was passed.
BOARD OF HEALTH
NEW BUSINESS
J. Towhshend made motion to approve the Massage Therapist License for Dominic Arillotta, 65 Chalmers Street, practicing at Making Waves Again, 143 Shaker Road. J. Villamaino seconded. There was no further discussion. All were in favor. Motion passed.
J. Townshend made motion to approve the Massage Therapist License for Marion Canas-Hansmann, 64 Harwich Road, West Springfield, practicing at Making Waves Again, 143 Shaker Road. J. Driscoll seconded. All were in favor. There was no further discussion. Motion passed.
The Board accepted the resignation of Sarah McColgan, East Longmeadow Tobacco Control Agent effective June 30, 2007. Ms. McColgan recommended to the Selectmen that Gregg Boyce would be a good candidate for the position. J. Townshend mentioned that he had in his position Mr. Boyce's resume; appears that he has all the qualifications and feels Mr. Boyce is well
qualified for the position. An appointment will be made to have Mr. Boyce come before the Board. Executive Secretary will handle the paperwork on the CORI report.
Board of Selectmen Meeting, May 8, 2007
Board of Health New Business continued
Selectman Townshend made notice of the correspondence from the State regarding the reporting of the West Nile Virus. The reporting of dead birds will be accepted by the State starting May 14, 2007. The Executive Secretary will work on a press release with the Health Inspector regarding the West Nile Virus and the reporting of dead birds for the public's information. Notice will also go on Town’s web site.
The Executive Secretary reported that mosquito spraying in the Town took place on Monday, May 7, 2007.
J. Townshend made motion to approve the request from the Rotary Club for a Temporary Food Service Permit from June 27th through August 8, 2007, from 5pm-9pm, in conjunction with their Summer Concert Series, and to waive all fees. J. Driscoll seconded. There was no further discussion. All were in favor. Motion passed. J. Townshend entertained a motion for rain dates whether it be Thursday or Friday. J. Driscoll seconded. There was further discussion. All were in favor. Motion passed.
CORRESPONDENCE:
The Selectmen noted the correspondence from the Police Chief stating the Guns for Gifts Program was largely successful. Over one hundred guns were brought in.
Selectman Villamaino thanked perennially guest George Moriarty for contacting the Board with his observations for consideration.
Selectmen noted the letter from State Senator Gale Candaras regarding a Senior Center expansion provision that she has suggested to the Patrick administration be included in a future capital bonding project.
Selectmen noted the correspondence from Representative Rogeness regarding any capital requests in the future for the Town in conjunction with a bonding project. Executive Secretary mentioned that Representative Rogeness’ request was forwarded to department heads for ideas. Responses came back from Fire Department, Police Department, Recreation and DPW. Executive Secretary will draft letter to Representative Rogeness and State Senator Candaras with the requests. The Chairman of the Board will prioritize the suggestions before they are sent out.
The Selectmen noted the Lions Club Distinguished Citizens Award of the Year to Sandra Davis and James Davis. The event will be at the Elmcrest Country Club on Wednesday, May 9, 2007 at 6pm.
The Clerk of the Board read the report from the Superintendent of Schools regarding the recent vandalism at the High School. The Superintendent complimented Police Chief Mellis and
Officer Manning for their thorough investigation and the apprehension of three adult residents responsible for the crime. A copy of the Superintendent’s letter will be added to the Chief’s file and Officer Manning’s file. A letter will be sent out complimenting Officer Manning from the Board.
Board of Selectmen Meeting, May 8, 2007
continued
MEETINGS/INVITATIONS/REMINDERS
The Chairman of the Board read the meetings/invitation/reminders
The Executive Secretary will attend the National Grid’s Annual Municipal Storm Meeting on Wednesday, June 6, 1007 from 11:30am-2:30pm, at Holy Cross College, Worcester.
TOWN COUNSEL
OLD BUSINESS
The Selectmen noted the pre-hearing conference, Daniel Bruno vs. Town of East Longmeadow, to take place on May 24, 2007. There was some discussion on who would be testifying at the hearing.
Regarding the Hazardous Waste Collection bill, the Executive Secretary explained that the Town of Longmeadow acts as the administrator for all of the communities that participate. Executive Secretary mentioned that Central Mass has not reimbursed the Town of Longmeadow for East Longmeadow’s portion of the bill. Town Counsel said that this has already been discussed and that there is not an obligation on the part of the Town to pay, its Central Mass Disposal’s responsibility to make payment to Longmeadow. Longmeadow should be putting pressure on Central Mass Disposal.
Town Counsel said that the notification from the Department of Public Safety was just to make communities aware that when re-building their streets some curb cuts and sidewalks that are being constructed fail to comply in full with being handi-cap assessable. Town Counsel said to forward to DPW, but is confident they are aware of the notice.
Town Counsel said that the letter to Attorney Peter Smith, counsel for the School Department was his response of an investigation regarding Chapter 71 Section 37M, Consolidation of Administrative Functions with City or Town. Town Counsel said that he had found no reference to the acceptance of Chapter 71, Section 37M or the act and resolve establishing said General
Law, Chapter 133, Section 431 of the Acts of 1992 as amended. If the Town wanted to adopt it would have to go to Town Meeting for a vote.
J. Villamaino entertained a motion to recess until the 8pm Public Hearing appointment.
J. Townshend seconded. All were in favor. Motion passed.
PUBLIC HEARING
8:00 P.M.- REQUEST TO
REMOVE RESTRICTIONS FROM ALCOHOL BEVERAGES LICENSE, VILLA CALABRESE, d.b.a.,
FAZIO RISTORANTE & PIZZERIA, 162 SHAKER ROAD, ALDO FAZIO, PRESIDENT.
The Clerk of the Board read the Legal Notice. Mr. Fazio explained to the Board why he would like the restrictions removed from his Alcoholic Beverages License.
Board of Selectmen Meeting, May 8, 2007
Public Hearing continued
Restriction #1: J. Villamaino entertained a motion to remove the restriction that alcohol beverages to be consumed by patrons only while seated at dining tables be removed pending the approval of the Building Inspector to make sure that there is no violation of any current Zoning By-law. J. Townshend seconded the motion. There was no further discussion. All were in favor. Motion passed.
Restriction #2, will remain.
Restriction #3, J. Villamaino entertained a motion to remove from the License the prevision of the service of alcoholic beverages to be served only from a service bar located in the kitchen area to be served from a service bar in the dining room. J. Driscoll said to exclude the word “service” and just use the word “bar” for if in the future Mr. Fazio decided to have a bar tender in the dining room. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.
APPOINTMENT:
8:30P.M. – SIMONE’S
RESTAURANT, 60 SHAKER ROAD, ERIC SMITH, OWNER
Present for the appointment was Eric Smith, Owner of Simone’s Restaurant, Attorney Stephen Manning, representative for ET Simone’s Inc. Arnold Greenhut, Attorney for East Meadow Reality and Steven Graziano. Attorney Greenhut said that the assists have been assigned already and now they are looking for just a transfer of the Alcoholic Beverages License. Attorney Manning said that the parties involved will have to visit with the Planning Board for a Special Permit. Town Counsel said that it is more than a Special Permit that is needed, the parties will need to visit with the Planning Board to determine that the new operation will be the same or similar to operations as before, a hearing is needed to determine this. There was more discussion between Attorney Manning and Town Counsel.
J. Driscoll suggested the Board accept a sixty-day continuation of this license, based on its not in operation, and there is no liability. The parties will have to come before the Board with the approval from the Planning Board and a plan for the Selectmen to approve or transfer the license. J. Townshend presented more questions and asked what the name of the business taking over would be. Attorney Greenhut said that the entity would be East Meadow Restaurant LLC., with Mr. Graziano being the principal of East Meadow Reality and being the principal to run the restaurant business.
J. Driscoll asked Town Counsel what the motion should state: The Board finds that the license currently held by ET Simone’s Inc., currently not in operation is intended to be transferred to an independent third party and Board determines that based on those representations it will give the current license holder forty-five days to complete that transfer provided that all transfer paper work necessary for the transfer of the liquor license be filled with the Board of Selectmen's Office in two weeks and that any paperwork necessary to obtain approvals under the Zoning By-laws by the Planning Board be filled in the same two week period with the Planning Board.
J. Villamaino entertained a motion to encompass what Town Counsel had just stated. The motion was moved by J. Driscoll. There was no second to the motion. J. Villamaino seconded
Board of Selectmen Meeting, May 8, 2007
Appointment continued
out of necessity. J. Townshend had further discussion. Selectmen Driscoll and Villamaino were in favor. J. Townshend opposed. Motion passed 2-1.
J. Driscoll
entertained a motion to enter into executive session for purposes of personnel
matters and potential litigation to return to open only to adjourn. J. Townshend seconded. All were in
favor. Motion passed.
Selectmen returned to open session only to adjourn. J. Villamaino entertained a motion to adjourn, J. Townshend seconded. All were in favor by roll call vote. Mr. Townshend, yes; Mr. Driscoll, yes; Mr. Villamaino yes. Motion passed.
Meeting adjourned at 9:30 P.M.
Minutes respectfully submitted by Lorraine Banspach, Assistant Executive Secretary.
APPROVED BOARD OF SELECTMEN
MEETING, TUESDAY, JULY 31, 2007
______________________________________________________________________
James D. Driscoll, Clerk of the Board