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HomeMy WebLinkAboutmin brd of selectmen 08/01/01 r Board of Selectmen Minutes of August 1, 2001 RECEIVED TOWN CI fR~{S OfF ICE o I AUG I 6 AM 10: 00 MANSFiELD MASSACHUSETTS Present: Chairman Louis P. Amoruso; Vice Chairman Bradford E. Wills; Clerk Michael W. McCue; and Selectmen David W. McCarter Daniel Donovan. Acting Town Manager Lee M. Azinheira The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 05 in the amount of $800,856.42 Motion : To approve (Wills-McCue) Passes 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes (- · Warrant No. 06 in the amount of $2,806,654.82 Motion: To approve and sign (Wills-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of July 18,2001 Motion : To approve (Wills-McCue) 3-0-2 with Chairman Amoruso and Selectman McCarter abstaining Passes · One Day Beer and Wine License for Tri County Beagle Club's steak supper and dance on Saturday, August 18, 2001 from 11:30 a.m. to 11:30 p.m. Approved by Police Chief Motion: To approve the One Day Beer and Wine License for Tri County Beagle Club on August 18, 2001 (McCarter-Wills) 4-0-1 with Selectman Donovan abstaining Passes (- Send letter that we are looking at some regulations for one-day licenses that may impact them. Board of Selectmen Minutes of August 1, 2001 1 (- · Water Connection Permit for 15 Berkshire Road consisting of a one story building of 28,250 square feet. The conditions under the Water Connection Policy have been met and impact study report has been completed. Motion: To approve the water connection permit at 15 Berkshire Road (Wills-McCarter) 5-0 Passes · Request for Reserve Fund Transfer of $8,800 to Wastewater Department for emergency repairs to front-end loader DPW Director Lee Azinheira explained the unforeseen breakdown created the expenditure of the entire budget for that line item. Ken Hackett, Wastewater Operations Manager, reviewed the repairs that were necessary. Selectman McCarter suggested it would be more appropriate to request a transfer as funds are needed for new expenditures rather than restore the entire amount to the budget. Motion: To recommend to the Finance Committee a transfer of $8,800 (Wills-Donovan) 4-1 with Selectman McCarter opposed Passes (- Town Manager and Staff Correspondence · Memorandum from Ptlm. Lance M. Lawson in response to correspondence regarding the Mansfield Children's Center at 1100 School Street Forward the comments to the Mansfield Children's Center · Memorandum from Lt. George Figueredo reporting a commercial parking lot license violation at the Gray-McNeeley Lot at 888 South Main Street on July 25th - Licensed for 77 cars-98 were parked Notify them to come in for a hearing at the earliest available date. · Memorandum from Lt. George Figueredo reporting a curfew violation at the Tweeter Center on July 19th Consensus: To invite them to the next meeting for a hearing or have them pay the fine Resident Correspondence · Letter from Steven W. MacCaffrie of 236 Mill Street regarding his application ( to serve on the Ad Hoc Committee to Review Town Meeting Procedures Board of Selectmen Minutes of August 1, 2001 2 r The decision was made to expand the committee to seven members, with Selectman McCarter stepping down from the committee due to there being an adequate number of applicants willing to serve. Motion: To appoint Peter DeTrolio, Jr. (Wills-McCue) 5-0 Passes Motion: To appoint Steve MacCaffrie (Wills-McCue) 4-1 with Donovan opposed Passes Motion: To appoint Lou Andrews (Wills-McCue) 5-0 Passes · Letter from Mrs. John Glenn commending Steve Bishop of the Water Department for a recent "Good Samaritan" act Other Correspondence · Letter from Michael Marram in response to the follow-up letter regarding his complaint regarding Constable James Carey · Letter from Carole Powers of Norton Estates regarding a possible "light park" at the Tweeter Center in which she raises a concern about additional traffic in r the area · Letter from Robert Medeiros, Manager of VFW, regarding postponement of their alcohol violation hearing to August 15, 2001 at 8:30 p.m. Peter De Tro/io of Elm Street - commented on the shrubbery mentioned by Selectman Wills and noted he believes the shrubbery was a condition imposed by the Planning Board. George Dentino of Gladiola Terrace - spoke about the Light Commissioners discussion regarding funds in lieu of taxes. He noted we charge Tweeter $125,000- $130,000 and the Light Department $150,000. Tweeter goes up at 5'0 per annum, yet the Light Department goes up far more than that. He reviewed other charges imposed on the Light Department in addition to the payment in lieu of taxes (PILOT) and suggested the Town has been "double-dipping" by brining revenue in through the back door by raising the rates in addition to what has already been ( paid through taxes. Chairman Amoruso noted that Mr. Dentino is saying the same thing the Selectmen said at their meeting and they do not have answers at this Board of Selectmen Minutes of August 1, 2001 3 (' point. flce Chairman W¡Jfs pointed out the Light Commissioners are meeting Monday night and this will be a tOpIC of discussion. We are taxing ourselves $644,000 through the Light Department, yet we don't do the same to Tweeter. Steve MacCaffrie of 236 Mill Street - spoke on behalf of the lady who lives next door to him regarding a problem she is having with DPW regarding a sewer lateral. It began November 15, 1994 when Millfarm Estates went in and were supposed to run sewer up Mill Street and put in a lateral to every house it passed. He reviewed the history of various communications she has had with Town officials. The developer did not put in the lateral and she's now being required to pay someone to go out to the sewer manhole and bring in a lateral. The Highway Department will be going in to do work in the area and he suggested it would be a good time to put the lateral in before the road is paved. He noted the young lady should not have to pay anything because it should have been done previously. DPW Director asked if the 1994 letter has been brought to Town Engineer John Sullivan's attention. Mr. MacCaffrie did not know, but left the information to be provided to him. He noted his faith in the current engineering staff but stated he believes the 1994 letter would be the appropriate remedy. r Present for the hearing were: Attorney Joseph Phelan, representing Dias West Mansfield Variety; Mr. and Mrs. Patel, of Dias West Mansfield Variety; Town Counsel Robert S. Mangiaratti, representing the Town of Mansfield; Lt. Walter Crickard and Detective Larry Crossman of the Mansfield Police Department. Motion: To open the hearing (Wi lis-Donovan) Town Counsel Mangiaratti presented the evidence of the alleged violation. He submitted to the Chairman Massachusetts General Laws Chapter 138 Section 34 prohibiting the sale of alcohol to a minor and Section 64 enabling the Selectmen as Licensing Authority to hold a hearing and impose penalties when a violation occurs. Det. Crossman stated he's been employed by Mansfield for nine years. On June 13, 2001 he was on a detail and his attention was drawn to Dias Market after being approached by a woman who stated her son told her that's where he had purchased the alcohol found in his room at Dias Market. The son is 19 years old. On June 15th he was parked on Coach Road in an unmarked Ford Bronco and saw two parties ( working at the store-Mr. Patel and another Indian gentlemen. Shortly after 7:40 p.m. a vehicle entered the parking lot and a young man entered the store and came Board of Selectmen Minutes of August 1, 2001 4 (' out with plastic cups. He observed a second car arrive, and the subject with the cups passed something to the other vehicle and the driver of the second vehicle walked into the store and exited with a 30 pack of Bud Light cans and a 12 pack of Coors Light bottles. Both vehicles pulled out and he followed them, witnessing them turning into Elm Terrace. He noted they were parked on the side of the road and the gentleman with the cups was in one of the driveways and the gentleman with alcohol was standing by the side of the road. He approached them and identified himself and stated he saw them purchase alcohol. The 20-year old said he was not asked for any identification and did not have a "fake" rD. He was arrested and was actually 19 years old and was charged as a minor in possession and a minor procuring alcohol. Attorney Phelan objected that the officer was relying on the statements of other witnesses and individuals who are not present. Town Counsel Mangiaratti noted hearsay evidence is allowable at an administrative hearing and although Attorney Phelan has a right to raise the objection, it does not preclude the Board from considering it. Selectman Donovan questioned if individuals are being maligned without having the (- opportunity to be present and defend themselves. Town Counsel Mangiaratti explained the young man went before the Court and it was continued without a finding so long as the individual does not get into any additional trouble. Town Counsel pointed out there are two violations-the young man was in possession of alcohol that he was not supposed to have; the owner of the store sold alcohol to someone he was not supposed to sell it to and, as the licensing authority, it is the Board's responsibility to determine the outcome of that violation. Det. Crossman noted that only seconds passed between the time he approached the young man and the time he asked him for his wallet. There would be no opportunity to discard any fake identification he might have had. The young man later provided a written statement, which was introduced into evidence and read into the record. The statement was given the evening of the arrest. Following determination that the alcohol had been purchased at Dias Market, Det. Crossman testified that he spoke to the subject back at the station, where he reiterated that he did not use a fake ID, was not carded, paid for the alcohol and was told by the clerk, "You're all set, my friend." After processing it was 10 o'clock and the detail was over. He contacted Mr. Patel the next day and noted his video system was not yet re-installed so there was no tape of the young man making the ( purchase. Board of Selectmen Minutes of August 1,2001 5 (' Attorney Phelan cross-examined the detective, asking him if he could actually see the counter from where he was parked. He could not and did not see him take the beer from the cooler, approach the counter, or pay for the purchase. He also questioned his testimony about the two vehicles and individuals in them. He asked if he has ever heard of someone of legal age purchasing alcohol and giving it to a minor, suggesting the exchange between the two males in the two cars resulted in the minor ending up with the alcohol. He suggested the possibility that the person purchasing the alcohol was of legal age and exchanged it for money from the minor. Det. Crossman disputed that scenario, noting the cars were not both there when the alcohol was purchased. Purchasing alcohol is a misdemeanor; using a false identification is a felony; purchasing alcohol for a minor is also a felony and a more serious offense than the offense the minor admitted to when he was confronted. The minor was charged with being a minor in possession and a minor purchasing alcohol. Attorney Phelan questioned Det. Crossman as to the purpose of noting the exchange and suggested other possible scenarios. He noted both drivers turned into Elm Terrace. He did not talk to the driver of the other vehicle. Attorney Phelan suggested the other individual could have been 21 or have had a false ID. He questioned their search of the car, with it being noted they did not look in the glove compartment and a false ID could have been put there. The female's purse was searched to see if she had any alcohol. r Town Counsel Mangiaratti noted the Police Department has no other witnesses and pointed out that knowledge of the fact that the person is under the age of 21 is not an element of defense and turned the case over the Board. Attorney Phelan noted Mr. and Mrs. Patel are present and due to language difficulties, Mrs. Patel will assist her husband. Mr. Patel was the clerk the night of the offense. Mr. Patel said he has been operating the store since March of 2001. He works a varying number of hours per week and always asks for identification. It was noted that he received a commendation in July from the Tobacco Control Division for asking for identification when selling tobacco products. He explained his recollection of June 15th as working alone and one man came in and bought beer, saying he was 21. Another man came in and bought cups. He called him over after receiving the letter and asked Mr. Hoffman (the minor charged) to come to the store to discuss what had happened. He stated he didn't use a false ID, and the other person purchasing the cups was his friend. The friend was of legal age and said he'd testify for them, but never showed up. Town Counsel Mangiaratti questioned the fact that the 19 year old boy asked for beer but he was not sold it because he didn't have an ID. That was after the man ( that bought the cups and beer and said he'd be back for the beer. The other gentleman came in for the beer and asked to purchase some for himself. Mr. Patel Board of Selectmen Minutes of August 1, 2001 6 r did not see the 19-year old boy taking out the beer because he was busy working in the refrigerator. The 21-year old paid for the 30 pack and the cups. He walked out with the cups, but not the beer. He came back to give him the money for the cups and beer after going back to the car because he didn't have enough money for the cups and the beer. Mrs. Patel recapped-the 21 year old guy came in, went to get the beer and got the cups. He did not have enough money and went to the car to get money. The other car came in and the guy in that car came in and asked to buy beer. It was not sold to him. He then must have picked up the beer and carried it out for his friend and put it in the trunk. They have worked in this and other stores for a number of years and have never had an alcohol violation. Town Counsel Mangiaratti noted the testimony heard does not correspond with the testimony of Det. Crossman. He pointed out that Mr. Patel testified the second person was not 21, yet he let him take the beer. Mr. Phelan noted he did not "let him take it" but rather was in another part of the store when the minor came in and took the beer from the counter. The 21-year old who came in to buy the cups was not the same person who took the beer. Town Counsel Mangiaratti noted a 30 pack and a 12 pack are large items that a store clerk would keep an eye on, yet the r testimony differs from that of the Detective. The bottom line is that they didn't see the 21-year old come back and take the alcohol and the Detective says it was the minor who took the alcohol. Attorney Phelan noted the 19-year was in a jam- trying to protect his friend and himself as purchasing alcohol for a minor and using a false ID are both serious offenses. The Patels understand it is a serious matter. Town Counsel pointed out the inherent dangers of alcohol and noted that is the reason for licensing the sale. The purpose of the hearing is for the Board as the licensing authority to be certain that the license holder adheres to the regulations governing the sale of alcohol. Attorney Phelan reiterated they are conscientious about checking ID's. The Patels have owned the store since March with no problems and the boy who said he'd testify did not show up. The Board discussed the possibility of continuing the hearing and issuing a subpoena to the boy. Mr. Patel said he would like to have the boy testify. A five minute recess was called to allow Attorney Phelan to confer with his clients. The hearing resumed with Attorney Phelan noting the Patels are concerned with a finding against them. He explained to them that even with the boy coming in, we ( will have the same issues. Therefore, they're willing to allow the Board to take any Board of Selectmen Minutes of August 1, 2001 7 r action they feel is necessary tonight with the hope that the Board will find that there is not sufficient evidence. Motion: To close the hearing (Wills-McCue) 5-0 Passes Attorney Mangiaratti reviewed the options of the Board, noting they "may" modify, suspend or revoke the license. They are not compelled to do so. They may take action of a lesser consequence, such as issuing a warning. Motion: To issue a warning (McCue-Donovan) Vice Chairman Wills said he would vote against a warning because there are too many kids abusing alcohol. Selectman McCarter said he would not support a warning because a minor left the store with alcohol and it's incumbent upon the licensee to see who is leaving the premises with alcohol. Selectman Donovan said it's a first offense and they have a good record and is in favor of the warning. Clerk McCue noted it sets the record and does not let them off lightly. Chairman Amoruso said he found the detective credible and it bothers him that a minor walked out of the store with alcohol. Since he was not charged with stealing it, it had to have gone out of the store with permission and it seems like an awful lot of alcohol to be going r out. He noted Mr. Patel is not TIPS trained, and had he been, this situation might not have occurred. He stated a single day suspension may be appropriate. Clerk McCue noted their record on asking for identification when selling tobacco and believes they would ask for identification when selling alcohol also. He stated there is enough reasonable doubt in his mind that a warning is appropriate Vote: 2-3 with McCarter, Wills and Amoruso opposed FAILS Motion: To suspend the license for one day (McCarter-Wills) 3-2 with Donovan and McCue PASSES Motion: To suspend the license for one day on August 16, 2001 (Wills-McCarter) ·4-1 with Donovan opposed Passes ( Motion: To go into Executive Session at 9:55 p.m. for the purpose of discussing pending litigation and to return to Open Session at the conclusion of the discussion. (McCue- Wills) Roll Call Vote: McCarter, aye; Wills, aye; McCue, aye; Donovan, aye; Amoruso, aye 5-0 Passes Board of Selectmen Minutes of August 1, 2001 8 r The meeting reconvened in Open Session at 10:18 p.m. Present to discuss the fuel tanks at the Highway Garage were DPW Director Lee M. Azinheira; Mike Ahern, Manager of Buildings and Special Projects; and consulting engineer Ralph Penney. Mr. Azinheira noted this is a follow-up of the meeting held a few weeks ago about the proposed municipal complex. He stated their realization that the issue of the fuel tanks is a more immediate issue and, although they would like whatever they do to be part of the long-term plan, they need to address the issue of the contamination now. They are looking at what needs to be done regarding zoning and planning issues and are proceeding before the State comes back regarding the contamination problem. Mr. Penney noted the contamination problem was identified in December of 1999. The contamination was identified as ours and we filed a plan with DEP to address ( the problem. The contamination is moving toward the Canoe River. The DEP approved installing above-ground tanks, removing the existing tanks, and putting in a pump station. The pump station has been completed and we need to look at pulling out the existing tanks and installing the above-ground tanks. Mr. Azinheira advised the Board they will be kept informed as things progress, but we cannot put the project on hold and wait until the buildings may be built. Mr. Penney said it would take about three months to clean out and remove the tanks. The existing tanks cannot be removed until we have an alternative source. DEP allows above-ground tanks in a Zone II. Our Zoning By-law does not. Town Meeting has approved the funds for the cleanup and installation of two new tanks and a license to store the flammables has been issued. Town Counsel is evaluating the legality of the issues. He noted we clearly need to go before the Planning Board, and may have to go before the Zoning Board. Tonight's discussion is mainly to update the Board and their approval would also be helpful. A Special Permit may be necessary, but all agree that the tanks need to come out. Mr. Penney suggested the solution is to rely on a state-of-the art fueling system that will not allow a greater volume to be dispensed than the safety features can accommodate. Consensus: To move forward in locating the two 10,000 gallons at the Highway Garage. ( Board of Selectmen Minutes of August 1, 2001 9 r DPW Director Lee Azinheira presented a chart showing the present and proposed organizational structure of the Water Division. The proposed organizational concept consists of a chief operator reporting to the Operations Manager; the skilled laborer/meter reading reporting to the chief operator; and an operator foreman and distribution foreman, each with positions under them. Kurt Gaffney explained the Water Department has changed drastically over the last several years with the added responsibilities imposed by the DEP. The changes will cost the Water Department slightly less than $4,000 this year because the foreman for the distribution system would not be put into place for another year. At this point the organizational changes are conceptual and they are looking for the Board's support before moving forward. Selectman McCarter noted the number of employees is the same on both charts and asked what the salary impact will be. Mr. Azinheira said they will come back with full job descriptions and salary requirements before proceeding further. Vice Chairman Wills asked if this would make the operation more efficient. Mr. r Gaffney said it would give them someone to provide direction on a day-to-day basis with authority to make decisions. It will also provide for continuity when someone is out. Selectman McCarter said he would not vote for it until he knows how much it wi II cost. Motion: To go along with the concept for further consideration (Donovan-Wills) 4-1 with McCarter opposed. Mr. Azinheira reviewed the changes made in the draft policy following the consensus of the Board to do so. The added language has been printed in bold and the language being removed has been shown with a line through it. He stated the previous version of the policy is what he believes is best for the Town; this revised policy is what he believes the Board has asked for. Selectman Donovan noted the Housing Authority borrowed his bender when they were doing work recently and it saved the Town a great deal of money. He stated his belief that it's a shame to change the policy and punish everyone because of a few. ( Board of Selectmen Minutes of August 1, 2001 10 r Clerk McCue said he believes this should have been left at an administrative level and not be an issue for the Board. He noted, however, that a problem was brought to the Town's attention and needs to be addressed. He pointed out the positive feedback we get regarding Town employees and the Board's role as corporate directors for the Town of Mansfield. He noted the need to look at the pros and cons of establishing this policy and said he would like to revert to the previous policy. With regard to the issue of fairness to the residents, he stated the residents are the "employers" and as such in a business do not generally have the opportunity to borrow tools. Selectman McCarter stated it sounds good in theory, but he doesn't think it's a reasonable incentive for Town employees to be able to take tools home to work on personal projects. He stated his belief that Town equipment should stay in the possession of the Town. Vice Chairman Wills stated it should have been handled by the Town Manager and he cannot agree with people borrowing Town equipment. He offered the use of his personal equipment to anyone who wants to borrow it. Chairman Amoruso said he's pleased that the responsibility has been given to the r department head and he believes that's where it belongs. Motion: To accept the revised July 27th draft as the policy of the Town (McCarter-Amoruso) Clerk McCue said it appears clear to him that it will have the majority vote and he will support it in the spirit of cooperation, but thinks it's unfortunate that it came to this level. Amendment: To accept the original policy presented by Lee Azinheira (Donovan-McCue) 2-3 with McCarter, Wills and Amoruso opposed Original Motion: 4-1 with Selectman Donovan opposed Passes Mr. Azinheira reported a private contractor is painting curbs around town to prevent people from parking at intersections and blocking visibility. Crosswalks and other striping is also being done and many signs are being replaced. Ihee Chairman Wi/Is noted many of the center lines are completely gone in the Industrial Park and fog lines in many areas need to be repainted. Mr. Azinheira said they will go as far as the money will take them and he will be reporting on the ,--- progress periodically. Mr. Azinheira is in the process of checking with other towns Board of Selectmen Minutes of August 1, 2001 11 r who use NEED for trash collection to see if any other towns are having a problem with them. Clerk McCue spoke of the inappropriate dumping of yard waste at the home of an elderly couple on Central Street. The COA Director is coordinating volunteer help and he asked anyone interested in volunteering to contact her. Selectman McCarter reported that he, Clerk McCue, Water Operations Manager Kurt Gaffney and DPW Director Lee Azinheira met with the Foxboro Water Commissioners on Monday night and expressed the Town's displeasure about their statements during the permitting process for our new well. r Motion: To adjourn at 10:55 p.m. (Wills-Donovan) 5-0 Passes c-ÆPw.~ Signature of Clerk /5 AU~ CJ/ Date of Approval '-- r- Board of Selectmen Minutes of August 1, 2001 12 -