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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
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· 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
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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
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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
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(' 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.
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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
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(' 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.
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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
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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
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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.
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Board of Selectmen Minutes of August 1, 2001
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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.
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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
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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.
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Motion: To adjourn at 10:55 p.m.
(Wills-Donovan) 5-0 Passes
c-ÆPw.~
Signature of Clerk
/5 AU~ CJ/
Date of Approval
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Board of Selectmen Minutes of August 1, 2001
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