MINUTES

Board of Selectmen Meeting

Tuesday, April 24, 2007 at 7:15P.M.

Town Hall Hearing Room, 60 Center Square

East Longmeadow, Massachusetts 01028

Present: J. Villamaino, Chairman Board of Selectmen; J. Townshend, Chairman Board of Health; James Driscoll, Clerk of the Board.

The Chairman of the Board of Selectmen opened the meeting with the Pledge of Allegiance.

The Chairman welcomed the two new Police Officers that were sworn in before the start of the Selectmen’s Meeting: Officer Jeffrey Niznik and Daniel Manley.

APPOINTMENTS:

7:30 P.M.- FIRE CHIEF MONTHLY MEETING

The Fire Chief explained to the Board that under the present State Law the Fire Department as well as the Police Department has a present Mutual Aid Agreement in place. The Mutual Agreement Aid Warrant Article presented to the Board is set up by Homeland Security and is directly for public Health, the Department of Public Works and administration. The Chief said that the Warrant Article is closing all the gaps in public safety in the event anyone else is needed. This agreement would have to go before Town Meeting to be voted on; otherwise under the FEMA Law communities may or possibly will not be eligible for federal re-imbursements.

The Fire Chief mentioned to the Selectmen that he will be retiring December 28, 2007. The Chief said that he would have a packet for the Selectmen with recommendations only. The Chief will be willing to work with the Selectmen.

The Selectmen signed the letter going to the Executive Office of Public Safety advising that the Chief has signature authority to execute contracts for the East Longmeadow Fire Department for the SFY 2007 Firefighting Equipment Grant.

7:45 P.M.- POLICE CHIEF MONTHLY MEETING

Model Mutual Aid Agreement Warrant Article was discussed at the Fire Chief’s appointment.

J. Driscoll entertained a motion to enter into executive session for discussion of personnel matters with the Police Chief and return to open session. J. Townshend seconded. There was no further discussion. All were in favor by roll call vote. J. Townshend, yes; J. Driscoll yes;

J. Villamaino, yes. Motion passed.

Minutes, Board of Selectmen Meeting 4-24-07

continued

8:30 P.M. – ERIC SMITH, MANAGER SIMONE’S RESTAURANT

Mr. Smith was not present for the appointment. Mr. Steven Graziano, Landlord and owner of the building was representing Mr. Smith. Mr. Graziano told Selectmen that Mr. Smith has made an attempt to re-open the restaurant, but was unable to secure the financing. Mr. Graziano and Mr. Smith have come to a mutual agreement, with the involvement of lawyers, to transfer to a new owner; and is still a possibility the new owner would do a partnership with Mr. Smith.

J. Villamaino asked what the timeline would be. Mr. Graziano said that was hard to determine. The discussion continued regarding the food service license, which has not been renewed for 2007, and the all alcoholic common victualer license. Town Counsel suggested that the Selectmen schedule a hearing to determine if the licenses should be revoked. J. Townshend made motion based on Town Counsel’s recommendation to hold a hearing to have Mr. Smith appear before the Board at their next scheduled meeting to discuss the status of his licenses and any disciplinary action that might be warranted including suspension and/or revocation. J. Driscoll seconded the motion. J. Driscoll made some discussion. All were in favor. Motion passed.

J. Driscoll entertained a motion to adjourn to executive session to discuss personnel issues and collective bargaining matters. J. Townshend seconded. A roll call vote was taken. J. Townshend, yes; J. Driscoll, yes; J. Villamaino, yes. Motion passed.

BOARD OF SELECTMEN

OLD BUSINESS

The Selectmen noted the letter from Mayor Ryan and Geoffrey Sullivan regarding the First Annual Fit City Challenge at Healthtrax on Saturday, May 5, 2007 from 9am-Noon.

J. Villamaino asked Town Counsel for his interpretation of the Town of East Longmeadow’s procedure for articles being inserted into a Town Meeting Warrant. The policy as signed into effect by the Board on December 20, 2005.

Article 14 was submitted by J. Driscoll to correct the mistake by the State Legislature, regarding them changing the verbiage that was originally requested to grant a liquor license in advance of the Federal Censes not in addition to the Federal Censes.

Article 24 was submitted by Selectman Townshend because of feedback by Town residents and the recent contract that was approved (IT Director) for three years with 3% raises already built in. Amend the By-laws by adding a new section regarding contracts to be only for one year excluding the Police and Fire.

J. Villamaino asked if there were any objections regarding the Article 14. There were no objections. Article passed.

J. Villamaino asked if there were any objections regarding Article 24. J. Driscoll objected.

J. Driscoll said that Selectman Townshend did this on his own and did not share with the other Selectmen. The Clerk of the Board read the letter from the Department of Public Works, and Attorney Peter Smith, attorney for the School Committee not to recommend Article 24, and their reasons why.

Minutes, Board of Selectmen Meeting 4-24-07

Old Business continued

J. Villamaino entertained any motions to vote whether or not the Select Board will sponsor Article 24 to be placed on the Town Meeting Warrant. J. Townshend made motion that Article 24 stays on,

J. Driscoll seconded the motion (for the vote from J. Villamaino). There was further discussion from Selectman Townshend and Selectman. Driscoll. J. Villamaino said motion being made and seconded, comments made, all those in favor of the Select Board sponsoring this particular Article for the Town Meeting Warrant signify by saying yea or ney. J. Townshend, yes; J. Driscoll, ney;

J. Villamaino, ney. Motion did not carry.

J. Villamaino moved that the policy Town Counsel interpreted for the Selectmen include a sentence to follow the final sentence in that first section of the policy, which says that, “the Article in question will proceed as a Select Board sponsored article to the Town Meeting if it achieves a majority vote of such a motion from the members of the Select Board”. J. Villamaimo made motion. J. Driscoll seconded. There was some discussion from Selectman Driscoll.

Vote passed 2-1. J. Townshend opposed.

Article 13, J. Driscoll made motion to eliminate Article 13, but refer to the Insurance Committee.

J. Townshend seconded. There was some discussion from Town Counsel. All were in favor. Motion passed unanimously.

Regarding the Mutual Aid Agreement Warrant Article Town Counsel said that he has some serious concerns about the Agreement as drafted, don’t think it has been “flushed out” well enough to be a policy to be adopted and signed by the Selectmen at this point. Town Counsel continued to explain his concerns to the Selectmen and recommends if the Selectmen want to move forward than there should be some department discussion between representatives of the Town and representatives of the other communities that are intended to be involved.

The Mutual Aid Agreement was tabled. Concerns regarding this will be sent to the Department of Public Works and Health. Not recommended for a Warrant Article.

J. Driscoll made motion that the Warrant is closed for the regularly scheduled 2007 East Longmeadow Town Meeting; to be modified by actions taken at the Selectmen’s Meeting this night, and go to The Reminder for the typographical form and back to the Board at their next regularly scheduled meeting for approval and signature. There was no seconded. J. Villamaino seconded out of necessity. There was no further discussion. Motion passed 2-1. J. Townshend opposed.

The Executive Secretary explained the additional information the Selectmen requested from the Planning Board regarding the Valley Vision 2- Memorandum of Law, requiring an approval and signature from the Selectmen. J. Driscoll moved that the Board of Selectmen approve the request as put forth by the East Longmeadow Planning Board for participation with Valley Vision 2 as requested by the Planning Board and their Executive Director. J. Townshend seconded the motion. There was no further discussion. All were in favor. Motion passed.

Minutes, Board of Selectmen Meeting 4-24-07

continued

NEW BUSINESS

J. Driscoll entertained a motion to approve the recommendations from ITAMS to accept the names as submitted to appoint the Memorial Day Committee members for the ITAMS members for the 2007 Memorial Day Event. J. Townshend seconded. There was no further discussion. Motion Passed

J. Driscoll entertained a motion to approve the recommendations of The American Legion to accept the names as submitted to appoint the Memorial Day Committee members for The American Legion members for the 2007 Memorial Day Event. J. Townshend seconded. J. Driscoll said that both the ITAMS and the American Legion do a fantastic job every year and hope the public is able to attend. All were in favor. Motion passed.

The Selectmen accepted the invitation from Carl Ohlin, Chairman of the 4^th of July Parade Committee. All three Selectmen will attend.

J. Villamaino entertained a motion to approve the request from the Masonic Temple of East Longmeadow for a One Day Liquor License (all alcohol) and Entertainment, on Saturday, April 28, 2007, from 6pm-Midnight, 43 Chestnut Street for a Fund Raiser for the Polish American Memorial Cavalry Squadron, and wave all fees. J. Townshend seconded the motion. There was no further discussion. All were in favor. Motion passed.

J. Villamaino entertained a motion to approve the Can & Bottle Drive for the High School Lacrosse Team on Saturday may 12, 2007 from 9am-2pm at Heritage Park parking lot. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.

J. Villamaino entertained a motion to approve the Can & Bottle Drive for the East Longmeadow Assembly Number 74 International Order of the Rainbow for Girls, on Saturday, June 2, 2007 from 10am-3pm, at Heritage Park parking lot. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.

J. Villamaino entertained a motion to approve the request from Falcone Retail Properties, LLP to erect a tent and for a Temporary Food Service Permit, on Saturday, May 5, 2007 and Sunday, May 6, 2007 from 9am-8pm in conjunction with Rocky’s Hardware Tent Sale. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.

The Selectmen signed the Citations and letters going to Eagle Scouts James McCandish and Eagle Scout Brendan Sunter.

The Selectmen tabled the request from the Town of Agawam Law Department regarding the Community Preservation Act proposed amendments.

The Board of Selectmen noted the notification from the Massachusetts Emergency Management Agency regarding the Certification of the East Longmeadow Emergency Planning Committee. Executive Secretary to send a letter to Brian Falk, Chairman and other members with congratulations and thanks from the Board of Selectmen.

Minutes, Board of Selectmen Meeting 4-24-07

New Business continues

The Selectmen signed the Statement of Support for the Guard & Reserve from the Office of the Secretary of Defense.

The Clerk of the Board read the letter from Raymond and Theresa Caputo, 140 Westwood Avenue, regarding a tree problem. The request will be forwarded to the Tree Warden and the Department of Public Works for their comments and recommendations.

BOARD OF HEALTH

NEW BUSINESS

J. Townshend entertained a motion to approve the Massage Therapy License for Tara Marshall, 104 Highland Avenue, West Springfield, practicing at One Therapeutic Bodywork, 42 Harkness Avenue. J. Villamaino made the motion. Out of necessity J. Townshend seconded the motion.

All were in favor. There was no further discussion. Motion passed.

The Executive Secretary explained the request from the Dog Officer to send a letter to a current resident that has adopted an animal who has had a previous bite record in another Town. There have been no issues in Town so far with the animal. The Dog Officer’s opinion would be better to inform the current owner indemnifying the Town from any possible action. It was the consensus of the Board to allow the Dog Officer to send out the letter.

The Executive Secretary explained the cell phones that became available from the State Board of Health to be used only by Board of Health members. There will be no cost to the Town to use these phones. J. Driscoll suggested that the Executive Secretary and the Health Inspector be allowed to have use of these phones that are available, Executive Secretary was not interested. J. Townshend will let the Executive Secretary know if he is interested.

TOWN COUNSEL

OLD BUSINESS:

Regarding the request to pro-rate the rent for the Premier Source Credit Union, Town Counsel said that if the tenants are there on the first day of the month they are obligated to pay the whole month. Executive Secretary will notify the credit union with the response from the Board.

Regarding Civil Service case of Police Department personnel, Town Counsel said that it was just notification from Civil Service that the appeal had been dismissed. This was also discussed in executive session with the Police Chief.

In regards to Corporate Cost Solutions, Town Counsel said that this was just notification to the Board of his request for minutes from the Executive Secretary.

Town Counsel said that the Board of Assessors is asking to be involved in discussion regarding the posting of the GIS information on the Web. The IT Director was present and said that he will be meeting with the IT Committee and hopefully will develop a policy. The proposed policy will be presented to the Selectmen and than the Assessors.

Minutes, Board of Selectmen Meeting

Old Business Town Counsel, continued

The Selectmen signed the letter to be sent to the various Ambulance vendors to bid on the various options that the Town of East Longmeadow and Hampden are seeking quotes based on one, two or three years proposals.

The Clerk of the Board read the amended letter from April 2, 2007 from Kevin Brenker in conjunction with the “Run for Pride” for Sergeant Ecker Benefit Fund. The event will be on May 20, 2007. The question was whether the Town should agree to a hold harmless agreement for the event . Town Counsel said that it would be for the best interest of the Town to participate but not enter into a hold harmless agreement. The Executive Secretary mentioned that the Town’s insurance carrier MIIA also agrees that the Town should not agree to sign a hold harmless agreement. Mr. Brenker said that an insurance Ryder for the event will be taken out. The only other concern was with the start of the race. The Chief said that he spoke with the Safety Officer and he will work it out.

J. Driscoll entertained a motion that the Board on behalf of the Town of East Longmeadow support wholeheartedly this effort, endeavor and make every available means to them for it to be a success and approve route as presented; subject to receiving a certificate of liability insurance and waiver of all fees. J. Townshend seconded. There was no further discussion. All were in favor. Motion passed.

NEW BUSINESS

Regarding the Deli, Town Counsel said that the Selectmen’s Office has received notification that the establishment has been closed. Town Counsel said to send a letter to the license holder to come before the Board to explain the situation.

Town Counsel said that the Recreation Director was notifying the Board of the situation, which involved the parking of buses on municipal property for a sponsored bus trip. J Driscoll said that

he was aware of the situation and was just a miscommunication and would not happen again.

CORRESPONDENCE

The Clerk of the Board read the letter form Leon Osborne, Chairman Counsel on Aging, regarding their new Executive Director and that the Selectmen made an excellent decision with their choice.

The Clerk of the Board read the notification from the Office of the Governor regarding Chapter 90 local transportation and funding for FY 2008. J. Driscoll suggested to forward to the Superintendent of Public Works and also ask if they could focus, as in the past, to use the extra dollars to go towards the sidewalk project.

MEETINGS/INVITATIONS/REMINDERS

The Chairman of the Board read the meetings/invitations/reminders

J. Villamaino entertained a motion to adjourn. J. Villamaino seconded. There was no further discussion. All were in favor. Motion passed.

Minutes Board of Selectmen Meeting 4-24-07

continued

Meeting adjourned at 9:40 P.M.

Minutes respectfully submitted by Lorraine Banspach, Assistant Executive Secretary.

APPROVED BOARD OF SELECTMEN MEETING, TUESDAY, JUNE 19, 2007

___________________________________________________________________

James Driscoll, Clerk of the Board