HomeMy WebLinkAboutmin brd of selectmen 02/28/01
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Present:
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Clerk Bradford E. Wills; Selectmen Louis P. Amoruso, Ämos M.
Robinson, and Daniel Donovan. Vice Chairman Robinson conducted the
meeting in the absence of Chairman McCarter.
John O. D'Agostino, Town Manager
Board of Selectmen
Minutes of
February 28, 2001
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The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance
to the Flag.
. Minutes of February 21, 2001
Motion : To approve
(Amoruso-Donovan) 4 -0 Passes
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. Warrant No. 36 in the amount of $3,057,926.77
Motion: To approve
(Amoruso-Donovan) 4-0 with Selectman Robinson abstaining from
School Department payroll and Selectman Amoruso abstaining from Voucher
#58022
There were no licenses, permits, or correspondence.
Town Manager D'Agostino introduced Lou Costa, who began working as our new MIS
Director. The Board welcomed him and Mr. Costa expressed his pleasure at being
here.
Present from the Elks were Malcolm Smith, Kevin Doyle, Benny Boynton, and Ed
Rosenberg. Mr. Doyle presented checks to Gayle Farrugia, Council on Aging
Director, in the amount of $600 for the Senior Fuel Assistance Program and to
Carol Lucas, for the West Side Benevolent Society, in memory of Nancy Coffey.
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Board of Selectmen Minutes of February 28, 2001
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Newly appointed Library Director Janet Campbell and Library Trustee Joe Flynn
were present to discuss the reclassification of the Library Director's position. Mr.
Flynn spoke of the recently negotiated contracts in which the reclassification of
some positions were done. He noted the Library Director's position is one of the
few positions in the Town for which a Master's degree is required and detailed the
difficulty they faced in obtaining qualified applicants for the salary advertised.
Town Manager D'Agostino noted that during union negotiations a salary survey for
various positions is being conducted throughout surrounding towns. The survey for
the Library Director revealed the position was severely underpaid, which was the
reason our former Library Director left to assume a position in a neighboring town,
and why we were not attracting applicants. It was noted that Janet Campbell has
not only a Master's degree, but also 25 years experience. The position goes from a
classification of G to I and establishes a salary range of $51,200 to $64,075 for
2001.
Motion: To accept the reclassification
(Wills-Donovan) 4-0 Passes
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Michael McGrail of Ware Street - stated he took the train last week and had a
resident sticker on his car, but did not realize it expired at the end of each year
and he therefore received a ticket. He contacted the Parking Clerk regarding the
$15 ticket and explained the situation, expecting the ticket would be forgiven. The
Parking Clerk said the five week "grace" period for obtaining new stickers had
expired and he would not forgive the ticket, which Mr. McGrail felt was unjust. He
recommended to avoid this problem in the future infrequent users of commuter rail
they be notified of the expiration of the stickers each December 31st and asked
for the Selectmen's support in the matter. Town Manager D'Agostino explained we
cannot act as a political body in the enforcement of the regulations and the
autonomy of the parking clerk Selectman Amoruso explained the administrative
process.
The hearing was opened at 8:00 p.m.
Motion: To open the hearing and continue to the conclusion of the Library
Director's discussion.
(Amoruso-Wills) 4-0 Passes
The hearing was reopened 8:08 p.m., having been continued from January 31, 2001.
r Present to represent Peter Y. K. Chan was Attorney Fred Giandomenico of Walpole.
Board of Selectmen Minutes of February 28, 2001
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Representing the Town were Town Counsel Robert S. Mangiaratti, Police Chief
Arthur O'Neill, and Detective Larry Crosman of the Mansfield Police Department.
Exhibits presented were:
1) Application for Alcoholic Beverage License received October 9, 1985
2) Alcoholic Beverage Licenses for J.E.P.J. Inc dba Tahana Restaurant -
Peter K. Y. Chan, Manager for the years 1986 through 2001
3) Notification by Attorney General's Office dated September 6,1994,
that Tahana Restaurant has been named at least four times in the last
six months as place of "last drink" prior to DUI arrest w/Selectmen's
notification to Tahana dated September 21, 1994
4) License Violation of April 21,1996 reported by Mansfield Police
Department - serving alcohol after hours
5) Letter of Reprimand from Selectmen to Tahana dated May 20, 1996
6)
Transfer of Stock Application dated June 24, 1998 - (corporation buying
back the 50 shares owned by the Marks)
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7) Notification by Alcoholic Beverages Control Commission dated August 6,
1998 of Attorney General's notification that Tahana Restaurant was
named at least four times in the last six months at place of "last drink"
prior to DUI arrest
8) Letter to Tahana dated January 18, 2001 notifying them of alleged
violation of January 7, 2001- sale or delivery of alcohol to an intoxicated
person
Town Counsel Mangiaratti also introduced as Exhibits and made part of the record
a copy of MGL Chapter 138, Section 74 and a copy of MGL Chapter 138 Section 69.
Selectman Donovan asked if there were any violations since Mr. and Mrs. Chan
became sole owners in 1998. Town Manager D'Agostino pointed out the letter of
reprimand in 1996 referenced subsequent violations may result in suspension or
revocation of their license. Clerk Wills asked if there is any difference if the "last
drink" letter comes from the Attorney General or ABCC.
Officer Whiting was called to the stand and asked to state his name and
r employment. Thomas Whiting, employed by the Mansfield Police Department for
over 7 years. His report was reviewed by Town Counsel and verified by Officer
Board of Selectmen Minutes of February 28, 2001
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r Whiting. Town Counsel noted the case has been prosecuted and disposed of and the
defendant has admitted to sufficient facts. He therefore requested the
individual's name not be used, to which the attorney for Tahana agreed. The age of
the operator was 49 years. Officer Whiting reiterated the facts stated in his
report. Attorney Giandomenico asked Officer Whiting the make of the car (Lexus),
if he had Chinese food in the car when the arrest was made (yes) and the time of
the arrest (7:20 p.m.)
Detective Larry Crosman of the Mansfield Police Department testified that on
January 24, 2001 the case was continued without a finding for one year with alcohol
education training required and after admitting sufficient facts. His written
report was reviewed by Town Counsel and the statements contained therein were
verified by Detective Crosman. Attorney Giandomenico asked if Mr. Peter Chan had
said he saw the individual walk into the restaurant (no, saw him walking out); police
did not see him go into the establishment. Calvin Chan, when interviewed, reported
the individual was there approximately 15 minutes; Peter Chan reported he had
been there for half an hour.
Peter Chan, manager of Tahana Restaurant, testified. He noted telling Lt. Crosman
the man was acting "strange" and did not say he was acting like a "clown." He was
r asked by Officer Whiting about a patron earlier in the evening and asked if he
remembered serving him. He was not behind the bar that evening, but was working
take-out. His son Calvin reported the man coming in for take-out, having a drink
while he waited for the food, paid for it and left. The food was ready in 15
minutes, he paid the bill, left half a drink, and walked normally out of the
restaurant without any impairment of his speech or ability to walk. He stated his
son did not know the individual was intoxicated and does not serve intoxicated
individuals. He noted he is a small business owner just trying to make a living.
Town Counsel concluded that the version of facts presented by both the Police
Department and Mr. Chan and his son Calvin indicate there was a violation.
Attorney Giandomenico noted they never contested that the individual came into
the establishment and was served a drink and then drove away and was arrested.
Vice Chairman Robinson asked how many drinks the individual had that night at
Tahana. Mr. Chan said he was served one drink, and left half of it. His son has
been a bartender for two years. All individuals working at the bar have had TIPS
training. Town Counsel asked if Mr. Chan operated the business prior to the time
he was sole owner. He was the manager, but his partner was there on a daily basis.
Clerk Wills asked what a bartender can do when a person walks in and does not
r appear to be intoxicated, with no visual or outward signs of intoxication. Attorney
Giandomenico stated their defense is not a defense of the law itself, but rather
Board of Selectmen Minutes of February 28,2001
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r the difficulty of determining a person's state of intoxication when they walk in to
order food and order one drink while waiting. The police, on the other hand,
administer a field sobriety test to determine intoxication and it's difficult even
with that for them to determine if a person is under the influence. From the
police's standpoint, he appeared impaired. As a patron waiting for take-out food,
that was not apparent. The violation of the law as stated was admitted; however, it
was stated a suspension would not be warranted under the circumstances and would
be detrimental to Mr. Chan. Attorney Giandomenico said it was impossible for Mr.
Chan to determine the person was under the influence and suggested at most, a
reprimand would be warranted. He noted you cannot control an individual's actions
and he was served only one drink.
Chief O'Neill noted for clarification that every officer does ask where an individual
had their last drink. In this case it was observed that the individual was leaving
T ahana.
The hearing was closed at 8:46 p.m.
Motion: To give Tahana a letter of reprimand of forego a suspension because they
only served the individual one drink and had no indication he was intoxicated.
r (Wills-Donovan)
Selectman Amoruso noted he fully understands the situation and believes we have
to take all circumstances into consideration. He stated that individuals with that
level of alcohol generally appear intoxicated at .21. He noted there should have
been some indication to a TIPS trained bartender that an individual has been
drinking. He sympathized with the "toughness" of the law, and noted he would be
inclined to do more than a letter of reprimand.
Vice Chairman Robinson noted the need to be fair as a Board and stated he is not in
favor of giving a reprimand, but rather "days" of suspension. He noted the message
has to get out that in Mansfield the law is enforced and he cannot support the
motion on the floor.
Vote: 2-2 with Donovan and Wills in favor; Amoruso and Robinson opposed. Fails
Motion: To give a two-day suspension for the violation
(Amoruso-Robinson, after passing the gavel to Clerk Wills)
Clerk Wills noted he is against drunk-driving and said he would have to support the
suspension. He further suggested April 1st and 2nd as the days for the suspension.
r Vice Chairman Robinson pointed out the last letter of reprimand in 1996 which
warned of suspension or revocation for further offenses. Selectman Amoruso
Board of Selectmen Minutes of February 28, 2001
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r stated he accepted the dates of April 1st and 2nd as a "friendly" amendment to his
motion.
Vote: 3-1 with Donovan opposed Passes
A written decision will be sent to the licensee and is appealable.
Vice Chairman Robinson noted the difficulty of the decision and thanked the Board
for making what he believes to be the right decision. Selectman Donovan asked why
we can't find out where an intoxicated person had their other drinks. The Chief
noted the individual is not obligated to say, and is not under oath when answering.
The Chief explained the process and noted the Board did it's job in upholding the
law.
Chief O'Neill, at the request of the Town Manager, updated the Board on the
crossing guard situation between Robinson School and Qualters Middle School. He
stated they placed an officer there during the morning and observed one violation.
They plan to do the same thing for a week during the afternoon. Vice Chairman
Robinson suggested that an officer in uniform standing outside a marked cruiser
r may have prevented the reported incidents from occurring. Selectman Donovan
suggested the Board is overreacting if the crossing guard has not been hit and has
not complained about the conditions. Vice Chairman Robinson suggested the Chief
talk to the Chief in Avon where there is a similar situation, noting his concern is
public safety for both the crossing guard and the children, and his belief that we
should be proactive in creating a safe situation. The Chief said they will be doing
the research and will identify the problem if one exists.
Clerk Wills asked if unregistered junk vehicles are under the jurisdiction of the
Police or Building Inspector. The Chief said his department takes care of it and
Clerk Wills provided him with pictures taken in various areas of town where
problems exist.
Town Engineer John Sullivan was present to discuss the sidewalk on Pratt Street
between Hope Street and East Street on the north side of the street as voted as
last year's Town Meeting by citizen's petition. He noted there was a 2510 design
hearing held earlier and noted because some of the Pratt Street houses are close
to the road, a sidewalk on the other side would involve landtakings. The sidewalk
r will be put on the south side to avoid this. The small section left out of the plan
before reaching Hope Street will be taken care of during the next phase of the
Board of Selectmen Minutes of February 28, 2001
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r Route 106 project. MassHighway may be asking the Town to pay for any additional
sidewalk because the cost is more than they had anticipated. Chairman Robinson
asked if there was any response to the State at least putting in conduit for a
traffic light at East Street and Route 106 during the reconstruction. Mr. Sullivan
said they are now proceeding with a more detailed design and he will be working
with MassHighway on the issues that have been raised. He noted the Town is
responsible for obtaining easements for the placement of trees. Selectman
Amoruso, based on a call tonight from Mrs. Palanza, suggested it may be
appropriate to meet with the three residents whose homes are going to be by-
passed and to hold another public hearing prior to going to Town Meeting. Mr.
Sullivan noted Mr. Mangiaratti's opinion that eminent domain cannot stop or delay
the process of putting in the sidewalk, but it drags out later in Court battling over
the value of the land. A hearing date will be set and notification to residents will
be provided.
Williams Street Bridge - all the temporary drainage easements have been obtained.
In addition there were three takings involved, with two parties agreeing on the
compensation. We are still in negotiations with the third party, but may not reach
an agreement. Attorney Mangiaratti is drawing up a public domain taking on that
parcel. MassHighway is ready to bid the job, but we must first get the landtakings
r in order for them to bid. There was also a Legislative bill that was supposed to
have been passed allowing the use of conservation land, but it never made it
through the process. It's now going to the House floor for signing, and from there
to the Senate. It was indicated it could take a month or two. The Town Manager
will be sending a letter to Senator Sprague asking for her assistance in getting it
pushed through.
The Town Manager reported on the following:
. We are currently researching how hackney licenses are issued in Mansfield.
He noted the current policy of the Police Department doing the investigation
may not be appropriate because they are the enforcement agency. It is
important to resolve the process quickly because the licenses are due to
expire March 31st. He noted working with the Town Clerk on the procedure
and the turnaround time required for the CORI to be done. Vice Chairman
Robinson asked if we are covering the administrative cost through the
licensing fees. He suggested that if we are not, the fees should be raised.
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. A meeting has not yet been scheduled with the State on the Morrison Well,
but State officials will be out to visit the site March 14th or 15th for
Board of Selectmen Minutes of February 28, 2001
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r monitoring purposes. They will also investigate the Cedar Swamp area.
Additional details will be available soon. He has had a very frank discussion
with Mark Smith, Executive Director of the Water Resources Commission,
regarding the situation and it is being mandated that DEM's comments are
incorporated into the permit, which has never been done in the past.
· We're waiting for Foxboro to request an increase of their gallons per day
allotment in the critical needs area. He noted comments that were not fairly
represented in a recent Sun Chronicle article. Foxboro was previously
looking for 1,040 GPD, with an increase in their latest request of 960 GPD.
We need additional information to determine if they are really out of
critical need flow. Based on the vote of a previous board, we are bound to
approve the allotment for the Public Safety building, but we do not have to
approve the way it's being requested without knowing what other needs they
anticipate. The information requested will be evaluated by Staff when it is
received.
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· GA TRA Train Station project - there are some property issues with respect
to Ditchman/Cleveland Twist Drill. The assessed value is much lower than
the price requested by the owner. It may require an eminent domain taking,
but Mr. Ditchman is proposing to close a portion of Allen Avenue, which
would give us no access. We are looking at taking a slice along route 106
which would give us access to parking in back. We're at 100'0 design and
have gone back for site plan review with staff. There were some
departments not represented and he will be finding out why they did not
participate. He has asked GA TRA to move the bus stop in the design.
Crocker Street, in the future, may need to be designated as one-way for
safety purposes. We also have the issue of displacement of parking spaces
along Mansfield Avenue and will need to replicate those in another area.
· Hercules dump site - we have a tentative agreement with Hercules in the
IRA plan. Once the agreement is signed, we can then release the Executive
Session minutes where the agreement was discussed. We will be leaving the
requested amount in the budget for now, but we hope to be splitting the cost
with Hercules.
· The sign at the McNeeley lot will be removed and the lot will be cleaned up
during the next couple of weeks.
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Board of Selectmen Minutes of February 28, 2001
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r Clerk Wills:
· Noted when there's a date on a parking sticker, everyone should know that a
2000 sticker is not good for 2001. He stated we have to play by the rules
and cannot overlook a ticket.
Selectman Donovan:
· Asked the status of the Skanco settlement. Town Manager D'Agostino will
find out.
· Asked the status of the Jackson roof. Were waiting for a mediation date
and Town Manager D'Agostino will check on it.
Vice Chairman Robinson:
· Asked that the public be educated on the budget. Town Manager D'Agostino
noted he has an editorial being sent to the papers in response to a statement
given by the Finance Committee Chairman. He noted cutting the budget
further means cutting police and fire, and if that's the direction we need to
take, he is prepared to do so if necessary. We need to see where the
schools stand with their cuts, but we currently have a deficit of $1.4 million-
$1.5 mHlion. He has outlined additional cuts of $140,000 - but anything
further will mean a cut in personnel and programs.
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· Asked if there is a revised figure following the last storm on the snow and
ice removal deficit. We have not yet received the bHls and it will be revised
when they are received
Vice Chairman Robinson called for Selectmen's New Business. There was none that
had not already been covered.
Motion: To adjourn at 10:24 p.m.
(Donovan-Wills) 4-0 Passes
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Board of Selectmen Minutes of February 28, 2001
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Board of Selectmen Minutes of February 28, 2001
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