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HomeMy WebLinkAboutmin brd of selectmen 08/15/01 Present: 01 AUG 3 0 ð.l~ 8: 5 I I";", """"',," 0 ¡·~¡..~..'~~)r iCl_ ~1ASSÞ.CHUSETTS Chairman Louis P. Amoruso; Vice Chairman Bradford E. Wills; Clerk Michael W. McCue; and Selectmen David W. McCarter Daniel Donovan. Town Manager John O. D'Agostino Board of Selectmen Minutes of August 15, 2001 RECEIVED !d r! ;:-01/':::" f''1}:"F ICE : \ ',,¥ ':. _, ,.:":' i \ ·C. ,I,) ~ r The meeting was called to order at 7:00 p.m. Motion: To go into Executive Session for the purpose of discussing litigation. (McCarter-Wills) Roll Call Vote: McCarter, aye; Wills, aye; McCue, aye; Donovan, aye; Amoruso, aye. All in favor. Passes The meeting reconvened in Open Session at 8:02 p.m. followed by the Pledge of Allegiance to the Flag. Selectman Donovan requested that either the Town Manager or the Chairman r handle the liquor license violation because many people asked him why it was necessary to have an attorney do it, questioning the cost. The Town Manager spoke to the Chief of Police and asked him about doing it himself or having the Court Officer perform the duty. The Chief was not comfortable with that. Selectman McCarter noted it is an administrative hearing and the evidence has to be presented to us. Selectman Donovan said they either violated the license OP they did not; if they did, then we decide what to do. Chairman Amoruso noted the last MMA Seminar they attended noted the liability involved in presenting the evidence and then making a judgment on their guilt. To do so would put the Town in a situation that could end up costing the Town money. Vice Chairman Wills said we can still ask questions, even when our attorney presents the evidence. Town Counsel Mangiaratti noted he's been Town Counsel for the last ten years and until recently did not participate in alcohol hearings. They were elected to make the difficult decisions and make sanctions if there is a violation. His role is to present the case in an orderly and understandable order, but he has no problem if the Selectmen wish to handle it themselves. It is not unusual, however, for a quasi- judicial board to have someone else present the case. With regard to the cost, it is r not significant because there is not much time required in preparation. This entails about an hour's worth of work, plus whatever time it takes for the hearing. There Board of Selectmen Minutes of August 15,2001 1 r is a due process issue involved whereby an argument could be made on appeal if the Board stepped out of their role as prosecutor and became the judge. This assures that the Board's role as judge is separated from the role of the prosecutor and the police. This method constitutes a procedural safeguard. The decision of who acts as prosecutor rests with the Selectmen. Motion: To hold the hearing without Town Counsel unless we have questions, with the Clerk presenting the case and the Chairman doing the cross-examination. (Wi lis-Donovan) Chairman Amoruso warned the Board of the dangers in doing this, noting it is ultimately up to the Board Vote: 2-3 with McCarter, Amoruso and McCue opposed fails Chairman Amoruso announced the Town has reached an agreement with Strekalovsky and Hoit, Architect for the Town Hall, Police and Fire Stations whereby the Architect will pay the Town $30,000. in full satisfaction of the claims brought against them by the Town. The Town agrees that no liability has been admitted, that the settlement has been made for business reasons only and to avoid the costs of litigation. The Town appreciates the Architect's willingness to make a financial contribution to what r turned out to be an unexpected and unfortunate performance of the air conditioner chiller, and the Architect should be commended for an overall outstanding job on this and the fire and police station projects that were completed for the Town within budget and without problems. The Town further agrees that to the extent references for the Architect are requested from the Town, they will be given consistent with the agreement. Motion: To approve the agreement (McCarter-Donovan) 5-0 Passes . Warrant No. 07 in the amount of $3,983,660.12 Motion : To approve (Wills-Donovan) Passes 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes . Warrant No. 08 in the amount of $1,822,408.52 Motion: To approve and sign (Wills-McCarter) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes r Board of Selectmen Minutes of August 15, 2001 2 r · Minutes of August 1 ,2001 Motion : To approve (Donovan-Wills) 5-0 Passes · Executive Session Minutes of August 1, 2001 Motion: To approve and release (Donovan-Wills) 5-0 Passes · Request to close Harvestwood Lane from Pilgrim Road to Old North Trail for a block party on September 8th (rain date September 9th). Selectmen are invited to attend. Approved by Police and Fire Chiefs with proper signage and emergency access at aI/ times. Motion : To approve (Donovan-Wills) 5-0 Passes · Request to close half the circle at the end of Highland Avenue for a cookout on September 2nd from 3:00 p.m. until 9:00 p.m. Approved by Police and Fire Chiefs with proper signage and emergency access at all times. r Motion : To approve (Donovan-Wills) 5-0 Passes Town Manaaer and Staff Correspondence . Memorandum from Ptlm. Ronald A. Sellon, Jr., to Chief O'Neill regarding donation of $500. from K&D Auto Body Shop located on School Street to the D.A.R.E. Gift account r . Memorandum from Town Clerk Helen Christian regarding dates for a possible fall Special Town Meeting Ask that she also provide dates for possible Saturday meetings. The Town Manager asked that a Fall Town Meeting date not be set until after the State Budget has been approved to aI/ow us an opportunity to get accurate figures prior to establishing budget needs. We have taken the most conservative revenue estimates in establishing the budget and reduced the Governors previous lottery revenue when calculating our revenue projections. Board of Selectmen Minutes of August 15, 2001 3 ( Motion: To send a letter to our representatives regarding Lottery and Chapter 90 funds (McCue-Wills) 5-0 Passes · Selectman Donovan noted the policy not to plow the unaccepted streets and urged all contractors to get their work finished and inspected in time to have the streets accepted at the fall Town Meeting. It was suggested to put a notice at the Building Department and have the Planning Department notify the contractors. · Memorandum from Planning Director Shaun Burke requesting Selectmen consider waiving the 100-signature requirement and allow petitions with 10 signatures to be placed on the warrant for street acceptance articles at the fall Special Town Meeting. Motion: To require only 10 signatures for street acceptance for this meeting only. (Wills-Donovan) 5-0 Passes r · Memorandum from Town Clerk Helen Christian requesting Selectmen vote to appoint the list of election workers for a one year term beginning September 1, 2001. Motion : To approve (Donovan-McCarter) 5-0 Passes r · Memorandum from Bert Cook to the Town Manager recommending the Selectmen direct that "No Parking" signs be erected in the Industrial Park to give the Police Department the authority to ticket or tow vehicles that are violating the General By-laws llíce Chairman Wills said he is against posting signs on both sides because it is not business-friendly. He noted the truck drivers arrive early and there's no place for them to go. If the businesses are not cooperating by not opening the gates to let them in, then perhaps signs should be posted on each side. Clerk McCue noted the difference between "no parking" and ''no idling" or ''no standing." Town Manager D'Agostino noted the by-law requires all trucks to be contained within the businesses at which they're doing business. The business owners have been made aware of this, yet the violations continue. He suggested we go beyond the no parking signs and include no idling as well. It was also suggested that the restriction be imposed from 5:00 - 9:00 a.m. and 3:00 - 7:00 p.m. and the DPWand Police Department will coordinate the placement of the signs. Motion: To put up signs for no parking or idling or other proper terminology from 5:00 - 9:00 a.m. and 3:00 - 7:00 p.m. Board of Selectmen Minutes of August 15, 2001 4 r (Donovan-McCue) Selectmen McCarter stated the result will be moving the problem from one location to another, noting they have to park somewhere. Vice Chairman Wills said he likes the idea of putting them near the corners for visibility, but not necessarily throughout the park. Clerk McCue said the problem is only going to increase with further new development. Vote: 3-2 with McCarter and Amoruso opposed Passes Board and Committee Correspondence . Hearing Notice from the Zoning Board of Appeals: August 21, 2001 at 8:00 p.m. on the application of The Mansfield Music & Arts Society for a Variance from Section 1.5.480f the Zoning By-law to allow for a Temporary Use (proposed Holiday Festival of Lights) to be operated for 50 consecutive days instead of the allowed 5 days, with said festival to be operated at the Tweeter Center,located at 855 South Main Street in the I-1 Zone. State and Local Government r . Letter from DEP and EOEA announcing that Mansfield has been awarded a recycling incentive payment in the amount of $4,740 for qualifying for the FY2001 Municipal Recycling Incentive Program. Motion: To support the recommendation of John Sullivan regarding the sewer lateral on Mill Street (Wills-McCue) 5-0 Passes Peter DeTro/Jo of Elm Street - questioned why the Police just couldn't do the alcohol violation hearing like they always have. George Dentino of Gladlola Terrace- commented on an article in the Sun Chronicle about the possibility of trash costs increasing. He asked if the article is accurate. Chairman Amoruso replied that the Town Manager has discussed this pub/JC/y and has indIcated there will be a signifICant increase in the cost. Town Manager D'Agostino explained the "change of law" clause in the contract, further noting the law has changed in Rhode Island {where the contractor is located} so that out-of- state trash can no longer be dumped in the Johnson, RI, landfill. PrevIously there r had been a loophole whereby NEED took the trash to their facility for separatIon and recycling, then brought the remainder to the landfill. Mr. Dentino argued that Board of Selectmen Minutes of August 15, 2001 5 r the regulation was in effect long before NEED's contract with the Town. The regulation was not changed-there was no change of law-and Mr. Vinagro was well aware of the regulation at the time the contract was written. Town Manager D'Agostino noted they will take another look at the situation. Presently our tipping fee is predicated by the market. The Towns position is we are in the first year of the optIon agreement. A t this point we are in negotiatIons and are limited as to what can be said publiCly. All optIons are being explored Present for the hearing were: Joe Schulz and Bob Medeiros of the VFW; Town Counsel Mangiaratti and Sgt. James Seekell of the Police Department for the Town of Mansfield Motion: To open the hearing at 8:35 p.m. The license was introduced into evidence as an exhibit by Attorney Mangiaratti, noting the hours of operation on Sunday begin at noon. Also introduced was M.G.L. Chapter 138 Section 33 regarding the serving of alcohol on Sundays. r Sgt. Seekell noted he has worked for the Town since July 5, 1985. He received a complaint regarding the violation that was sent anonymously to the Chief of Police. As the result of that complaint they went to the VFW Hall on July 1, 2001, a Sunday morning, and approached the front door at approximately 10:30 a.m. They couldn't see clearly through the windows and entered the Hall, which was unlocked. He observed a gentlemen behind the bar and three people at the bar-a female with a bottle of Coors Light and a plastic cup on the bar, a gentlemen with a bottle of Budweiser and a plastic cup on the bar in front of him, and a gentlemen with a bottle of Bud Light, a plastic cup, and a shot glass of hard liquor on the bar in front of him. Money was on the bar. The bartender, Mr. Maguire, said he was filling in and had served the alcohol several minutes prior to the arrival of the Police. Sgt. Seekell then examined the license and took the names and addresses of the patrons. The building was entered at 10:30 a.m. on Sunday, July 1st. Joe Schultz asked if they had actually looked into the cash register. They had not. Mr. Schultz stated there was no money in the cash register and the people at the bar were two employees and a woman who takes care of all their flowers. There were no customers present. On the second Sunday they have meetings at 9:00 a.m. with a lot of members there, and there is never alcohol served. The complaint was the result of a party on a Saturday night when the hall was rented. There is r generally no noise or swearing that can be heard outside the building. He noted Board of Selectmen Minutes of August 15, 2001 6 ( they are a non-profit organization and would not be violating any laws in an attempt to make money. Vice Chairman Wills asked if the fact that there was no money in the cash register makes any difference. Town Counsel noted the Officer testified there was cash on the bar and read from the Statute, noting it uses the word "sale" and goes on to state employees can be there at any time for certain reasons specified in the Statute for the purpose of performing their jobs. It does not allow them to sit at the bar drinking. Town Counsel asked if a senior member can get alcohol for free and, if so, if that is not a violation of the alcoholic beverages regulations. Mr. Schultz noted some people, when they sit at a bar, automatically take things out of their pockets and put them on the bar. Since this incident, they have made sure the doors are locked prior to their hours, except for someone coming into to work. This past Sunday they had a group leaving from the VFW by bus at 8:00 a.m. and he notified the Police Department that there would be lots of cars in the parking lot. The bartender in question has been there part-time for five years but has a regular job and is going back to it. r Selectman McCarter asked if any disciplinary action has been taken against the bartender. Mr. Schultz said anyone can make a mistake, but he asked him why the door was unlocked. Clerk McCue asked if it is their intent not to allow free drinks in any case, to which Mr. Schultz answered affirmatively. Selectman McCarter asked about the history of the licensee, noting their license was suspended by the ABCC previously. Motion: To close the hearing (McCarter-Wills) Selectman McCarter noted the difficulty in making the decision because they are a non-profit organization. He noted, however, that this is a serious offense and their license has been previously suspended for four days by the Alcoholic Beverages Control Commission for a violation. Motion: To suspend the license for five days. (McCarter-no second) Motion: To suspend the license for one day on the second Sunday of September r (Wills-Donovan) 3-2 with Amoruso and McCarter opposed Passes Board of Selectmen Minutes of August 15, 2001 7 r Mark Renkert of Eric Road, representing the Mansfield Association of Condominium Homeowners, was present to discuss their desire to be included in the Town's contract for trash disposal. He noted there are 500 condominium taxpayers in Mansfield, each paying taxes individually, who have access to every service the Town offers except for trash removal. They believe this discrimination is unintentional and have met with the Town Manager and the DPW Director. He requested that in the negotiations for the new contract, they be included. Selectman Donovan stated he doesn't believe it is discrimination because they pay a fee to the association that includes trash pickup. Mr. Renkert outlined what the condo fees pay, noting trash is covered along with many other services, yet they pay the same as every other homeowner does for taxes. Town Manager D'Agostino noted there have been several discussions with the association and he has concluded they are no different than any other taxpayer in Mansfield and should be receiving the service. The problem he is faced with is we are in the middle of a current contract. If and when we negotiate with a different r contractor, he would recommend the condo association provide for and maintain the dumpster and the Town would be responsible for emptying it. The current contract is written for four units or less to be included. Vice Chairman Wills asked what control they would have over people outside their property putting trash into their dumpster. Mr. Renkert noted they police that now and would continue to do so. They have caught a couple of contractors putting debris in their dumpsters and do not want their property looking like a dump. Janet Aaronson of Condominium Associations Institute addressed the distinction between condominiums and businesses, noting these are homeowners and not a "for- profit" institution. Town Manager D'Agostino reiterated the problem of the contract negotiations. The number of condominiums is estimated to be 609 units. Mr. D'Agostino asked Mr. Renkert for an accurate number of units and the number of people living in each one to get a better idea of the cost. Clerk McCue stated he believes it is clearly an equity issue and the service should be provided to the ability we are able to do so. (' Board of Selectmen Minutes of August 15, 2001 8 r The Town Manager will continue to work out a solution and will remain in contact with the condominium association. Chairman Amoruso noted that if it is not possible at this time with the present contractor, the Town Manager may be able to get them a group rate at the tipping site for their contractors. The difficulty is modifying a current contract with which we have a tipping rate lower than is currently available elsewhere. The needs of all sides must be balanced. Chairman Amoruso thanked the condo association for taking a reasonable, rational approach to the situation. Motion: To have the Town Manager proceed in a manner appropriate to provide trash services to residential condominium owners as soon as practical. (^^cCue-Donovan) 5-0 Passes Bruce Montgomery, General Manager of the Tweeter Center, was present to discuss their four minute curfew violation on July 19, 2001 at the Tim McGraw concert. ("' Lt. George figueredo noted meeting backstage with Mr. Montgomery at 11:00 p.m., at which time the concert was still going on. The show continued to 11:04 p.m. with Mr. Montgomery speaking to the band. He was very upset by it. Mr. Montgomery apologized for the violation, noting Tim McGraw went out to sign autographs while the band was playing and they went into another song. He stated he does not often lose his temper, but did so that night. Clerk McCue noted Mr. Montomery's attempt to have the band stop and pointed out the Board's prior fine for a one minute violation, which he thought was too strict. He noted he had hoped to vote for each of the three violations independently. He noted his willingness to overlook this one because of the stringency shown in the last instance. Questions were raised as to the discrepancy between the certified attendance numbers and the numbers provided by the Police Department. Lt. Figueredo pointed out their numbers are estimates used to establish the number of duty officers necessary . Motion: To fine them $.05 per patron for the curfew violation in accordance with their entertainment license r (Wills-Donovan) 4-1 with McCue opposed Passes Board of Selectmen Minutes of August 15, 2001 9 r The Town Manager announced: · The Town has received an application for a Special Permit under Chapter 40B for a residential housing complex located off Kingman Avenue and Charles Street. We will apply for a technical assistance grant from the Mass Housing Partnership for up to $10,000 to assist us in the review of the comprehensive permit application. A hearing is scheduled for September 11th before the Zoning Board. Written comments on the proposal are due September 5th. · The Town has been notified by Communities and Development that we will be certified under Executive Order 418. This will permit us to move forward with a grant application for housing rehabilitation funds for the Low/Moderate Home Repair Program. A pubic hearing seeking input from the community is scheduled for August 23rd at 7:00 p.m. in the Selectmen's meeting room. 418 Certification will provide the Town with additional points on our application for obtaining funds for the Essex Street parcel as well. · Live Wire Survey dealing with Saturday Town Meeting opinion is out. r · Credit card collections for Light Department payments are almost ready to commence. Equipment will be installed at the Light Department also to enable them to receive payment by credit card for electric bills only at this point. Selectman Donovan: · Asked about the low level of Kingman Pond. The Town Manager called the Board's attention to a memo submitted to Dick Lewis by John Sullivan regarding the repair of the dam. The water level in Kingman Pond is low now and we want it that way to allow us to go in and repair the dam. We will do a temporary repair of the outlet and will have to do a small amount of pumping to do so. DPW personnel will be used. He further detailed the process and timeframe for the performance of the work to be done. · Asked about the cleanup of the Clemmey Tank property and why we haven't gone after the owner. He noted the Board agreed to wait a couple of months r because a new owner was supposed to be stepping in. Selectman McCarter suggested putting it on the Fall Town Meeting warrant. Board of Selectmen Minutes of August 15, 2001 10 r · Stated he would like to see the Town thank Pat DePillo for taking care of DePillo Square all summer and for watering the plants there. Clerk McCue reminded everyone to get in their Saturday Town Meeting surveys completed and submitted. Vice Chairman Wills asked that an article be put on for a skateboard park if we have any free cash. Mr. D'Agostino noted his receipt of e-mails from a number of youngsters in town for a skateboard park. He believes one could be located on town-owned land near the recycling center where we do our composting. What we need is the money, estimated at $80,000 to $100,000 that would come from Free Cash if we have any. DPW would do the bulk of the work. We could also look at putting a driving range on the closed landfill and lease that out for additional revenue. We are also actively pursuing contributIons to defray the cost. Selectman McCarter suggested selling advertising on the fence surrounding the skateboard park. Clerk McCue asked who would run the skateboard park. Mr. D'Agostino replied that it is being discussed with the YMCA. There is the possibility that they would also be willing to build a community pool on a parcel of land adjacent to their Mansfield facility. r The Town Manager advised the Selectmen that he will be asking the MMMA to sponsor legislation that will prohibit the legislature from being paid until the budget is balanced. Selectman McCarter brought up the radar trailer and suggested it be put on the Fall Town Meeting warrant. He noted the constant complaints we have about speeding. Town Manager D'Agostino noted the unit would also have other uses, such as to notify motorists of an accident or construction up ahead. Motion: To sponsor such an article at the Fall Town Meeting (McCarter- Wills) Chairman Amoruso noted that without enforcement it is not effective and stated he does not support it given our financial situation. Selectman Donovan stated he feels the same way. Vice Chairman Wills suggested it does have a positive effect, since motorists don't know if there's an officer just ahead of it issuing speeding tickets. Clerk McCue also questioned the value of them. The Town Manager suggested a life-sized cut-out poster of Ptlm. Lawson would probably be more effective, as would a parked cruiser. Vote: 2-3 with Amoruso, McCue and Donovan opposed fails r Board of Selectmen Minutes of August 15,2001 11 r · Selectman McCarter asked that Mr. Ting from the formerly proposed water park be contacted to see if they have any further plans. r · Vice Chairman Wills asked that each stationery be purchased for each individual selectmen with the Town seal on it for their use in writing letters. Clerk McCue noted he has responded personally to people who have asked him questions when he's been out making visits. He does not believe people think his letter is from the Board as a whole. He suggested a template could be prepared for each selectman at no cost. He noted that, given the nature of his letters, he does not believe he needs approval to write them, but asked if we should each have our own stationery. Chairman Amoruso said there have been occasional problems and suggested a policy be set and followed. Chairman Amoruso stated that when a letter is being sent, especially to another board or committee, it needs to meet a certain standard. If an individual is indicating to members of boards how he believes they should vote on something, it can be interpreted as coming from the Selectmen. As soon as the Town seal is put on the letter, it becomes the Town's opinion. A discussion ensued as to the use of the Board secretary by individual selectmen. The Town Manager will draft a policy. · Clerk McCue asked about the status of the former St. Mary's Church on Church Street. The Town Manager said there is a problem with reuse of the building because the zoning has changed. The use is now limited and it may prevent the bul1ding from having an appropriate reuse. Selectman Donovan noted he's seen in advertised in the Herald as being for sale. · Selectman Donovan asked when we'd be hearing more about the bike trail. Town Manager D'Agostino noted Shaun Burke wH/ be coming in on September 5h, after being postponed from tonight's meeting. A citation and ceremony will also take place at a future date renaming the trail as the World War II Veterans Memorial Trail. The issue of private parking and towing on the right-of-way was brought up as the result of reports of tenants at a recent Housing Authority meeting. · Selectman Donovan asked the status of the Norton water bill. We're in the process of setting up a meeting with them following the recent receipt of the audit report. We may end up in mediatIon. r · Vice Chairman Wills stated he will be on vacation the next two weeks and will not be at the next meeting. Board of Selectmen Minutes of August 15, 2001 12 r- r r Motion: To adjourn at 10:59 p.m. (Wills-McCue) 5-0 Passes Ó/d~fi ¿ Signature of Clerk c1Q 4//6 tf/ Date of Approval Board of Selectmen Minutes of August 15, 2001 13