MINUTES

November 2, 2004 625 Main Street

7:00 pm Town House

Present: Mark Barba, Duane Mosier, James Smith

Guests: Doug Farmer, Wilbraham-Hampden Times, Karen Klein, Sheila Thompson

Mike Gerrard, Ray Shenkel, Phil Grant, Karla Grant, Bonnie Geromini, Camilla Desmarais, Beverly Gerrard, Linda Colucci, Tom Sohre

7:00 pm Walk-Ins

Karen Klein: A resident came in to discuss VFW/Schenkel issue relative to the turkey shoot. She suggests that the neighbors are supportive of the VFW, not unsupportive as the article in the Wilbraham-Hampden Times suggests. She feels as though they were merely asking for some consideration in the matter. Looking for a compromise from the VFW, not a petition. Requests that the shooting not happen in September, but rather extend into November. The Board needs to speak with Art Booth who was meeting with the VFW on 11/2/04.

K. Klein also spoke of her desire (as well as others) to add sidewalks down to Thornton Burgess School.

7:15 pm Becky Moriarty, Beth Perkins – Flu Clinic: Becky and Beth were here to discuss the issue of shortage of vaccines, initially we were to receive 200 vaccines; we are now allotted 90 doses. How will they be allocated? Over 75 is one of the guidelines set up by the Department of Public Health. We currently have 200 people signed up. The concern is about those people under 75 who have chronic health problems – can they get their vaccines at a doctor’s office? If these people were included in our list of candidates, we would have to go to a lottery system. We decided to stay with the age criteria because we did not want our staff or The Board responsible for medical decisions. Lorri McCool will be picking up the vaccines on 11/9 for the clinic currently scheduled for Monday, 11/15. Beth had sought more criteria in order to make a decision, and was told that each town was developing their own method and criteria upon which to make this decision.

The decision has been made to vaccinate the first 90 people over age 75 who have signed up for the vaccine.

7:30 pm Doug Mellis, Police Chief – Goals and Objectives:– The Chief has interviewed 5 candidates for 2 open positions. One candidate stood out and the Chief would like to bring him in on Monday, November 8^th for an interview with the Board. The Chief thinks a 2-week notice would be required. The Board suggests that the candidate come in on November 9^th for a 4:00 appointment.

The Chief distributed his update on his goals and objectives. Overall, the Board has heard positive results about the department, and the chief specifically. Vacation time, etc. seems to be on track for the time of year. Chief is looking at policies and procedures for manual use in the department. Chief will be doing formal evaluations to be completed in February 2005. No State mandated training required for reserve officers.

8:00 pm Dana Pixley, Highway Superintendent – Goals and Objectives:

Dana asked for input on what project the Board would like he and his Department to focus on for the coming year. The Bennett Road completion is contingent upon drainage right of ways that need to be secured. We need to speak with the property owner to secure the easement. We need to have project request date approved by the State before we go forward. He would like to start in August/September. Glendale Road, at intersection of North Monson or further north where the stonewall is close to the road is an area that needs attention. It is impossible to remove wall, as there is unstable soil. We would need slope easements, need to move utility poles. There have been 3 or 4 accidents there in the past few years. We could do one road project and some overlay as well, with the funds from the State.

Dana will speak with three property owners regarding tree removal on Glendale Road.

Duane Mosier praised all the work at Green Meadows School, completed by Highway, which was a benefit to both the school and Highway.

Mark Barba also gave accolades for Dana for the BUD permit which saved the Town $40,000.

Thanks also to Dana for securing a generator, which is intended to be used at the Senior Center.

CONSERVATION COMMISSION:

James Smith played an audio recording from CC meeting of 10/12 regarding Phil Grant’s need to recuse himself because of NOI.

On Audio: M. Gerrard requested Phil Grant to recuse himself. Grant said he was refusing to recuse himself but did not want to break the law and would recuse if provided the law that he do so. M. Gerrard suggested that P. Grant review Open Meeting law to learn about recusing himself. .J. Smith said that the information regarding recusing oneself was not contained in the Open Meeting Law but in a state ethics law. M. Gerrard said he would call the State Board of Ethics to get information on why Grant should recuse himself. CC made motion to continue hearing until ethics question resolved. Grant indicated that he would seek own information regarding what the law states and would bring it to the next meeting.

After audio: J. Smith discussed letter from M. Gerrard dated 10/14 to Selectmen and Ethics Commission detailing how adamant P. Grant was in refusing to recuse himself from the meeting. Smith said this was a gross misrepresentation of the meeting.

J. Smith said this was, in his opinion, a continuation of a number of legal, ethical and moral violations that have been perpetrated by M. Gerrard.

Smith also discussed the Scantic Grille and a call from L. McCool regarding the construction work at the Pub. J. Smith read law excerpts from Hampden Wetlands Protection Bylaw on exceptions for reconstruction of private systems. Smith also read section from state law exempting septic systems. J. Smith said he believed M. Gerrard exceeded his authority requiring a Notice of Intent for the Scantic Grille. J. Smith said he also believes that the CC did not have the authority to declare a public health emergency.

Smith read the following motion into the record:

I move that the Board of Selectmen schedule a hearing for Wednesday November 17^th, 2004 at 7:30 pm to consider removing Michael Gerrard for cause from the Conservation Commission; that such hearing be held in Executive Session if so voted by the Board of Selectmen, or in Open Session if so requested by Michael Gerrard; that the Board of Selectmen authorize James Smith to engage in further research and documentation of the issues that will be considered as the basis for his removal for cause, such research to include requesting written testimony or subpoenaing witnesses on behalf of the Board of Selectmen for the hearing; and that James Smith provide Michael Gerrard with a written notice of the hearing with a list of the grounds for removal no later than November 9^th, 2004.

Discussion: M. Barba supports the motion and is troubled that the Board has to take this route, but thinks it is in the best interest of the Town. D. Mosier disappointed that this could not be worked out prior to a public meeting.

Motion seconded by Duane Mosier. VOTE: All in favor and so voted.

S. Thompson and Bev Gerrard both had comments about P. Grant’s appointment to the Commission.

M. Gerrard called J. Smith a pathological liar.

M Gerrard will seek legal counsel to defend the charges against himself and wishes to have that cost borne by the Town, through our insurance carrier.

J. Smith has been contacted by Attorney Levite relative to the past correspondence between Gerrard and the Board of Selectmen.

Send minutes and vote to Mike Gerrard.

J. Smith feels as though this action will bring a personal attack upon him.

Discussion by the Board about M. Gerrard’s letter to the Ethics Commission.

Hearing is scheduled for the 17^th.

Camilla Desmarais brought up the topic of septic system review and need for a review by the Conservation Commission. Bonnie Geromini explained why the Cease and Desist was issued to Scantic Grille – owners had never notified the Commission about the work being done on site. Emergency certificate was issued so the Grille could go forward with their work. Smith said Gerrard was asked by Lorri McCool for his input about the site so he did in fact know about the work.

M. Gerrard said he was contacted by L. McCool to help delineate wetlands boundary but told her he could not do so.

Question asked by guests, “Is the Board being open minded in taking a vote without input from those people attending the meeting tonight?”

M. Gerrard has requested that the hearing be done in Open Session rather than Executive Session.

Question as to how to discuss issues that are of a concern to residents? Those residents were told to contact Pam Courtney for time on the agenda.

Items for Discussion:

Liquor License Renewals – These have all gone out for the coming year. ABCC contacts, etc should be made by the Board of Selectmen rather than the Board of Health.

Minutes from October 19 meeting, Open Session and Executive Session: Motion by James Smith to approve minutes, second by Mark Barba. VOTE: All in favor and so voted. Motion by James Smith to approve Executive Session minutes, second by Mark Barba. VOTE: All in favor and so voted.

Veteran’s breakfast at Senior Center scheduled for Thursday, November 11, 2004 from 9 am to 10 am. Duane Mosier to attend.

Green Meadow’s Parking Lot: The property has been hydro seeded near the basketball courts and surrounding area. Mark and Dana discussed the project in the rear and Jim and Dana toured the site. Jim sees it as a long term problem for the future, big dip at the bottom of the driveway, lots of islands to plow around, drainage going towards the building in some areas. Duane suggests that the Board attend the Building Committee meeting at 5:30 on Thursday, November 4. A seepage problem exists from the hill as well. At the end of the south parking lot, we have an existing 50’ left to develop some overflow parking. Park and Rec are also interested in some additional ball fields – would need to take trees down. We do not want to learn of high costs for snow removal or loss of berms in the future.

Resignation letter received from Derek Anti – forward to Fire, Police, Town Clerk and Treasurer.

The owners of the Scantic Grille plaza will be requesting further information from DEP regarding tight tank guidelines.

Motion by Duane Mosier to accept reduction in side setbacks in relation to the well at 32 and 34 Somers Road as recommended by the Board of Health Agent. Second by Mark Barba. VOTE: All in favor and so voted.

Motion to adjourn by Mark Barba at 10:55 pm. Second by Duane Mosier. VOTE: All in favor and so voted.

Respectfully submitted:

Pamela B. Courtney

Administrative Assistant

/pbc