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HomeMy WebLinkAboutmin brd of selectmen 01/03/01 .I 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 f J 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 / · Executive Session Minutes of December 20, 2000 Motion: To approve, but not release (Amoruso-Donovan) 4-0 Passes f · 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 f) · Transport International Pool, Inc. at 390 West Street Board of Selectmen Minutes of January 3, 2001 1 ( 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 ( 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 2 " 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 3 " r 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 4 " r 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 5 " r 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. r 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: r- Board of Selectmen Minutes of January 3, 2001 6 r 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 Board of Selectmen Minutes of January 3,2001 7 " r 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. (' Board of Selectmen Minutes of January 3, 2001 8 '.. þ.. 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. r-"\ 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 r '..,. ';\¡.. 2 r 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. r- 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. ~ 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 \ \MANSFIELDPDC\DEPARTMENTS\ Town Manager\Release of Mgm Study of Police Department.doc Created on 01103/011:10 PM '. ... 3 r 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. r Thank you. r \ \MANSFIELDPDC\DEPARTMENTS\ Town Manager\Release of Mgm Study of Police Department.doc Created on 01/03/011:10 PM