HomeMy WebLinkAboutmin brd of selectmen 01/03/01
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Present:
RECEIVED
nH~/N CLfR~~S OFF ICE
Board of Selectmen
Minutes of 0 JAN I I AM 9: 2 7
January 3, 2001 NANSFIELD
MASSACHUSETTS
Chairman David W. McCarter; Clerk Bradford E. Wills; Selectmen
Louis P. Amoruso, Amos M. Robinson (arrived at 7:55 p.m.), and Daniel
Donovan.
John O. D'Agostino, Town Manager
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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 December 20, 2000
Motion : To approve
(Amoruso-Donovan) 4 -0 Passes
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· Executive Session Minutes of December 20, 2000
Motion: To approve, but not release
(Amoruso-Donovan) 4-0 Passes
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· Warrant No. 27 in the amount of $2,557,726.36
Motion : To approve
(Amoruso-Wills) 4-0 with Chairman McCarter abstaining from
Municipal Building Committee payroll
· Warrant No. 28 in the amount of $2,785,660.99
Motion : To approve
(Amoruso-Donovan) 4-0 with Chairman McCarter abstaining from
Municipal Building Committee payroll
Licenses - (all have been reviewed by the appropriate Department Heads unless
otherwise noted)
Class II Car Dealers
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· Transport International Pool, Inc. at 390 West Street
Board of Selectmen Minutes of January 3, 2001
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( Motion : To approve
(Donovan-Amoruso) 4-0- Passes
Common Victualler's
· Frank Mylonas dba Cousin's Pizza & Subs, 660 East Street
Motion : To approve
(Donovan-Amoruso) 4-0 Passes
Town ManaQer and Staff
· Memorandum from John D. Sullivan, Jr., Town Engineer with recommendation
on request of Steven and Jennifer Oberlander of 2 North White Pine Lane
to construct an in-ground pool within the drainage easement owned by the
Town.
Motion: To support the recommendation of John Sullivan subject to the
conditions recommended and obtaining all required permits
(Amoruso-Donovan) 4-0 Passes
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Conditions
· The proposed in-ground pool shall not adversely impact the function or
purpose of the drainage easement and the existing grades shall not be
significantly altered.
· A detailed sketch should be provided prior to any final approvals to ensure
the proposed structure will not impact the existing isolated land subject to
flooding or the existing flood storage capacity.
· The property owners should be aware of the potential risk of flooding and of
hydraulic uplift of the pool during construction or when empty, due to high
ground or surface water.
· All necessary permits and approvals, including the Conservation Commission,
should be obtained prior to construction.
Peter De Trolio, 496 Elm Street - asked about the appointment of Scott Austin as a
full-time member to the Zoning Board of Appeals instead of as an associate
r- member. He noted an associate member doesn't usually go up against a full-time
member going for reappointment and pointed out the purpose of the associate
Board of Selectmen Minutes of January 3,2001
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r member is to learn and then advance into a full-time position. It was suggested
that the Board consider revising the process of appointments in such situations.
John D'Agostino, on behalf of the Gridiron Club, announced the wheelchair football
game between the Mass Hospital School and the Gridiron Senior football Squad on
Thursday, January If" at 7:00 p.m.
Edward Sliney, Fire Chief - announced a blood drive to be held Friday, January 5th,
at the Mansfield Holiday Inn from 11 a.m. to 4 p.m. to benefit the wife of retiring
firefighter Norm Bellevance. He also spoke of the article in the "Live Wire" about
protecting families from carbon monoxide and pointed out the article on space
heaters. He announced that January 15th to May 1st is the burning season and
permits can be obtained at the Fire Department. He advised the public of their
new website, www.mansfieldma.com/openburning.html. that includes information on
open burning.
He spoke of the process of acquiring the new ladder truck, noting his dismay at the
attacks on his credibility. The Chief reviewed the lengthy process utilized, noting
everything was above-board. He stated his amazement at the attacks and said he
doesn't know what's behind it. Selectman Donovan noted the minutes of May ISh
r (Selectmens meeting) note Hladder truck': not "platform, tower or bucket." He also
spoke about the Chiefs comments on the condition of the present truck, stoting
the truck is certified and is fine. The Chief noted it is a personal issue, stating
Selectman Donovan, when running for Selectman, said he was out to get the Chief.
He stated he wants the micro-management to stop. A debate between Selectman
Donovan and the Chief ensued. The Chief noted the acquisition of the truck went
through the required process, going through the Capital Improvements Committee
(CIP), and obtained Town Meeting approval.
Selectman Amoruso, who was Chairman of CIP last year and part of the CIP the
previous two years, noted it was always presented as a "tower/ladder" truck and it
was clearly presented and discussed. The Chief noted the documents have been
executed, the bid was within the amount appropriated by Town Meeting, and we can
expect delivery of the truck in about 7 months. The present truck will be disposed
of in accordance with Chapter 30B procurement requirements, noting the trade-in
offered was only $1,000. Selectman Robinson explained how the trade-in value is
determined, noting the trade-in value is low because the company selling it has to
warranty the truck.
The Chief requested that in the future when a department head issue comes up,
r- the department head be given the opportunity to come in and address the issue.
Board of Selectmen Minutes of January 3,2001
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DPW Director Lee Azinheira was accompanied by Wastewater Operations Manager
Ken Hackett. Mr. Azinheira noted there has been no formal response to our letter
to Norton. The meter tested correctly and there is no explanation for the
discrepancy showing that much water went through the meter. The records from
Norton have all been reviewed and the amount is way in excess of what would
normally be used during the period. The bill for 192 days (March 3 - September 11)
is $154,404.48. Based on historical consumption, the bill would be $5,000 for the
same period. Chairman McCarter suggested we at least pay that amount for now.
Clerk Wills noted his conversation with Norton Selectman Kimball, who suggested
the boards meet jointly as Water and Sewer Commissioners and try to resolve the
matter before going to Court. Mr. Hackett noted the pumping records for 1999-
2000 represented in the green on the graph distributed to the Board are Norton's
records and the numbers are explainable. 60 million gallons is simply not
conceivable, yet a short-term, instantaneous reading showed the meter to be
accurate. Selectman Amoruso noted our effluent records also do not support this
amount of water being used. He suggested meeting further with them and
discussing the situation logically in an attempt to work it out among ourselves. Mr.
r Azinheira noted the outstanding payments to Mansfield from Norton are now equal
to the amount claimed to be owed by Mansfield. The Town Manager suggested
meeting with Norton's Town Manager and the appropriate staff of each town to at
least identify the salient issues prior to the two boards meeting. He noted if we
cannot explain it to ourselves, there's no way we can go to Town Meeting and ask for
additional money to pay for such a bill.
Motion: To authorize the Town Manager and staff to meet with Norton officials
and pay an estimated bill based on historical consumption.
(Donovan-Amoruso) 5-0 Passes
Town Engineer John Sullivan updated the Selectmen on the progress of obtaining
eight parcels in the reconstruction of the bridge. Acquisition of five of the parcels
has been resolved, two with conditions. The other three parcels may require actual
land taking. Two are still being negotiated. He requested that Town Counsel be
authorized to begin the paperwork for the taking of the three parcels in
anticipation of the State going to bid on the project some time in March. He
suggested Town Counsel could also assist in the negotiations with the two owners
we are currently working with. Two of the three parcels are very small. The only
r large parcel is the one on which we're doing wetlands replication.
Board of Selectmen Minutes of January 3,2001
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A draft policy on the suspension/revocation of alcoholic beverage licenses,
prepared by Town Counsel Robert Mangiaratti, was reviewed and discussed. The
Town Manager noted meeting with the Police Chief on this matter, who indicated he
would take the issue to the Attorney General because he does not believe the
Board has the ability to direct him in these instances.
Chairman McCarter reviewed the background of the situation that precipitated
drafting this policy. He noted his disappointment in hearing the Chief's reaction,
stating he would prefer to work with him. The Town Manager explained the Chief
views it as politicizing his responsibility. Selectman Donovan stated his belief that
the Charter is clear and we should stick with that. Selectman Amoruso noted
substituting "any Town employee acting in his/her official capacity" instead of "to
the attention of a police officer of the Town" Mr. D'Agostino suggested amending
it to read" - any town employee, the department shall contact the Chief of Police
or his designee who shall bring such violation to the attention of the Board of
Selectmen...." Chairman McCarter suggested further work on the draft, noting
there may be times when statutorily they're required to go directly to the ABCC.
The Town Manager noted this does not prohibit the Chief from going to the ABCC,
r- but only requires that the Board of Selectmen be first notified. Town Counsel will
be given the Board's comments and be asked to re-draft the policy. The Board's
problem was noted as being they are the licensing authority, yet are not notified of
a violation of their license until after it has been adjudicated at the State level.
The Town Manager suggested the Board also consider a timeframe regarding
notification be included in the policy (such as within 10 days). Chairman McCarter
noted the ABCC can impose a suspension, but the violator can negotiate the
payment of a fine in lieu of a suspension. This is not the way the matter would be
handled at the local level.
Add "Town employee acting in his/her official capacity"
Broaden language beyond police officer
If Town Counsel thinks it's a bad idea, he should let us know
Town Counsel should be made aware of the Chief's intent to go to the
Attorney General
Put back on the agenda for next week
The Town Manager reported on the following:
r- Read a prepared statement regarding the Police Management Study. (Copy
attached)
Board of Selectmen Minutes of January 3,2001
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Hercules Dump Site - the Town has been issued a consent order that we are
in violation of the DEP's requirements for the closing of the site. He
reviewed the chronology of the acquisition and closure of the former landfill.
Hercules has been put on notice that they need to take responsibility for
the cost and capping of the landfill. The Town has committed up to $50,000
for the closure plan to assure our liability is properly addressed. The actual
closure costs are estimated to be up to $500,000. and he believes Hercules
has a moral obligation to close the landfill in accordance with DEP standards.
A draft agreement has been sent to Town Counsel for his review; however,
there are still some significant changes to the agreement that need to be
made.
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Russ Hall has been contacted to set up a meeting with Amtrak officials,
Superintendent Moretti and others to target grades K-9 for an educational
program in the schools. It is a new curriculum for Amtrak, geared to
teaching the children the dangers of coming in contact with live wires.
Selectman Robinson noted the wires are here and pose an immediate danger.
He pointed out that the education also needs to be carried to the adult
population using the trains. He suggested carrying the curriculum through
the High School Board members will be advised of the date of the meeting
and will attend the meeting if their schedules allow.
The budget has been finalized and the Selectmen will be provided a copy no
later than Monday, January 8th. We're in the process of ascertaining that
the school buildings are properly valued and adequately insured. Both he and
John Moretti are committed to living within the projections committed to.
The Future Search meeting on January 10-11, sponsored by the Rotary Club
of Mansfield, will focus on the youth of our community. He has asked for a
representative of the Board to participate in the all-day, two-day event.
Selectmen Donovan expressed an interest in participating.
The Route 106 Improvement 25'Yo Design Pubic hearing is reported to be on
Thursday, January 11th. The first phase is from Hope Street to Flint Farm.
Selectman Donovan:
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Board of Selectmen Minutes of January 3, 2001
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Had complaints about people using Town vehicles and using car seats to
transport young children in them. The Town Manager noted the vehicles can
only be used for official use.
Asked that a meeting date be set to begin working on the Tweeter License
(Tuesday, January 16th at 7:00 p.m.) The meeting will be posted and appropriate
Department Heads will be invited (Fire, Police, Board of Health, Building
Inspector)
Clerk Wills:
Asked about hiring a new MIS Director. The application period has just closed
There's a meeting scheduled with the screening committee to begin the hiring
process.
Reminded the Board of the Light Commissioners meeting Monday night.
Selectman Amoruso:
Noted the need to appoint a CIP representative. The normal rotation would
be for Clerk Wills to do the second year of his rotation; Chairman McCarter
volunteered to do a term.
r Motion: For Clerk Wills and Chairman McCarter to be the CIP
representatives
(Donovan-Amoruso) 5-0 Passes
Chairman McCarter:
Asked about the Water Policy meeting. The Town Manager w/Ï/ get the
information to the Board during January.
Asked for an update on the status of union contracts. The Town Manager
reported that contracts outstanding are supervisory, non-supervisory and
fire department. The Fire Department is close to be settled An Executive
Summary will be provided on the settled contracts (police, clerks, light dept.
and DPW) They have been settled in the vicinity of 3%.
Selectman Donovan:
wished everyone a good new year
Selectman Amoruso:
~ asked if the Board wants to get together with representatives of other towns in
the Southeastern Regional School District during the MMA Meeting to discuss
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issues of mutual concern. He suggested drafting a letter and agenda with a
meeting place. He also suggested 5:00 p.m. on Saturday night as a possible time,
perhaps coordinating things by getting the names of those interested and
leaving a message at the front desk. Get name from each place - leave message
at front desk.
Selectman Robinson:
said he has been getting many calls about cable service. Mr. Foss wi/I be present
at our January 3ft meeting to address the complaints.
Chairman McCarter:
asked when the Town Manager's performance evaluation is due. The Town
Manager will provide evaluation forms at the next meeting.
announced he would be a candidate for re-election.
Town Manager:
reported being contacted by Leonard Flynn regarding "no parking-no
standing" signs in the industrial park. Lance Lawson cannot enforce the
ticketing procedure unless there are signs in place. We need to find out from
r Lance Lawson where the signs are needed. Selectman Amoruso noted there is
also a problem at the Industrial Park where he is located at Maple
Street/Francis Avenue. Clerk Wills asked for more details, questioning if
they're parked waiting for a business to open to make a delivery. On Plymouth
Street it's consistently all day. Each business is required to contain the vehicles
on site. Ptlm. Lawson needs to look into it and identify the areas. Peter
De Tro/io noted at Chrysler they're parked on both sides of the street. A fire
truck would not be able to get through. A recommendation will be requested
from Ptlm. Lance Lawson.
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Board of Selectmen Minutes of January 3, 2001
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r STATEMENT OF RELEASE OF
THE FINAL DRAFT OF THE POLICE MANAGEMENT STUDY
BY
JOHN D'AGOSTINO
TOWN MANAGER
During the week of my vacation, Mr. Rick Foster of the Sun Chronicle
requested a copy of the draft management report on the Mansfield Police
Department. As a result of the police Chief's comments in the Sun Chronicle
regarding the premature release of the draft report and some confusion
from members of the Board of Selectmen, I feel compelled to clarify issues
surrounding the release of what is now the final draft report.
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At the time of receipt of the draft report, I did not realize the report was
the final draft document issued by DMG Maximus in accordance with their
contract with the Town of Mansfield. I therefore stamped the report
"CONFIDENTIAL" and issued it to the Board of Selectmen. During my
vacation, I contacted Richard Brady author of the report to discuss when
the Final Draft will be forthcoming. He indicated to me that the document
that was mailed and received by both the chief and myself prior to
Christmas was the Final draft document and that there would not be
significant changes to the report. The report was the report and according
to his knowledge accurately reflects the operations of the department. This
report culminated months of interviews, meetings with department staff
including the Chief, his command staff and members of the department
(Patrol, Detective, Traffic divisions, etc), dispatch, the Board of Selectmen,
and the Town Manager. At the time, I instructed staff to stamp the
document confidential, I did not realize the document in hand was indeed the
final draft document. Once I confirmed this with Mr. Brady and he
indicated to me that this document would not change between the Final
Draft and the finished product, I made the decision to release it to Mr.
Foster. Mr. Foster has repeatedly requested a copy of the document and
had learned that the document was available for the public. As I stated
earlier, I verified this with Mr. Brady and then released the document to
Mr. Foster. I apologize for any confusion this may have caused. However,
we must not lose sight of the fact, that this report culminates several
months of meetings, interviews and discussions with police personnel and the
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author of the report in an attempt to foster an unbiased understanding of
the present operation(s) and condition of the department. In essence, the
report is the report. When I first met with Mr. Brady and Mr. Miller from
DMG Maximus, I stated that I wanted a truthful, accurate and honest
account of the department and I didn't want anyone individual to influence
the findings of the report. If I found this to be the case, I would not pay
for a report that was flawed and didn't meet such objectives.
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As his appointing authority, I have asked the Chief to commit to writing
what he feels are inaccurate statements of fact in the report. He has
indicated that he believes there are statements of fact, which he believes
are slanderous and libelous and will meet with Mr. Brady on Thursday of this
week. I have once again requested that the Chief commit his comments on
the final draft report in writing to me so that I can better understand what
his issues of concern are. He has yet to do that and until he does, I cannot
accept broad general criticisms of the report. He needs to commit his
comments on the report to writing so that I can have a better understanding
of the issues he is trying to raise. In fact, I was completely unaware of his
concerns regarding the final draft report until I read them in the paper and
discussed them with him on Tuesday morning of this week. We both had a
copy of the report, which was dated December 19th on either the 20th or
the 21st of December.
The initial draft of the report was issued some time ago and reviewed by the
Chief and his command staff. A meeting was held between Mr. Brady and
the Chief and the Command Staff regarding the first draft report. That
meeting lasted well over five hours and according to the Chief, some changes
to the initial draft were incorporated into the final draft. However, new
information was added between the initial draft and the final draft
document, which the Chief would like to discuss with Mr. Brady. Mr. Brady
has indicated that the final draft document would not change and that he
believes the final draft, which became public accurately depicts the current
operation of the Mansfield Police Department. The Chief and part of his
command staff reviewed, met, and commented extensively on the draft
document before it was made public.
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I would like to state unequivocally that this study was and is designed to
assist the department in making the necessary changes to ensure that the
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department continues to operate in an efficient and productive manner. This
study will not be used to criticize, condemn or punish anyone in the
department, but rather to assist in the reformulation of the department so
that it continues to operate proactively, productively and efficiently for the
benefit of every resident in our town.
In closing, Town Meeting approved $18,000 to fund a study of the
department at the request of the Chief, the Board of Selectmen and myself.
Initially, the Chief requested up to eight additional personnel, which
prompted the study. The study is designed to have an independent
professional management study of the department to ensure that our
current resources in the department are utilized efficiently and effectively.
That is the purpose and intent of the study. Finally, on January 17th, Mr.
Richard Brady and Mr. Travis Miller from DMG Maximus will attend the
Selectmen's meeting to meet with the Board and review the report in detail.
The Chief has been invited to attend the meeting as well so that we can
collectively move forward in a productive manner on the implementation of
the consultant's recommendations.
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Thank you.
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