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HomeMy WebLinkAboutmin brd of selectmen 11/13/02 " \.. C:. F.\ J F D,. r \ "t: r Board of Selectmen Minutes of November 13, 2002 ";",: .!nli Î \ \.) ~_ \..1' '-- 9: 49 ¡ . '"..,....... \ (" \,/ .. ..... i" ï ~ ,.- \. ~.,.;' '0",' . - " '" , "'".) ; l~:~~fl T S Present: Chairman Daniel Donovan; Vice Chairman Michael W. McCue; Clerk Steven W. MacCaffrie; and Selectmen David W. McCarter and Louis P. Amoruso Town Manager John O. D'Agostino The meeting was called to order at 7:30 p.m. followed by the Pledge of Allegiance to the Flag. . Decision on D09 Hearing Held November 6, 2002 Selectman MacCaffrie stated that after appropriate review, he did not find that the Grants are negligent owners. He also said he found more culpability for the incident on the Grant animal than on the animal of the complainant. He noted his belief that because of the size of the Grant animal, only a r professional walker or handler would be able to control it by leash or command. He stated it is not his desire to muzzle the animal because it would be unable to defend itself when being walked if attacked by one of the unrestrained dogs in the neighborhood. Motion: That the Grant animal only be allowed off their property under leash control when accompanied by either the Grants or a professional walker and that the animal be walked in areas other than the Bella Vista area due to the number of unrestrained animals and the fact that there seems to be fewer problems by walking in another area, as determined by those present from the area of the Grant's residence. (MacCafffrie-Amoruso for discussion) Selectman Amoruso suggested you can't restrict someone from going down any particular public street. Selectman McCarter stated he supports the recommendation of the dog officer. Selectman McCue said he also supports the dog officer's recommendation Vote: 4-1 with Selectman MacCaffrie in favor and Selectmen Amoruso, McCarter, McCue and Donovan opposed Fails r Motion: To declare the dog a public nuisance (Amoruso-McCarter) 4-1 with Selectman MacCaffrie opposed Passes Board of Selectmen Minutes of November 13, 2002 1 ~ r Motion: To accept the recommendation of the Dog Officer to have the dog allowed to walk about on a leash with a control collar and a muzzle (Amoruso-McCue) 4-1 with Selectman MacCaffrie opposed Passes Motion: To request that the Police Chief have the Dog Officer review the leash laws and come up with a recommendation for a by-law amendment to strengthen them. (MacCaffrie-McCarter) 5-0 Passes Town Manager D'Agostino stated the need to allow for a process for people to weigh in on the issue and it was noted a public hearing would be held on any proposed by-law change prior to Town Meeting. · Warrant No. 20 in the amount of $831,522.49 Motion : To approve (MacCaffrie-Amoruso) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes ,r- · Minutes of November 6, 2002 Selectmen's Meeting Motion : To approve (MacCaffrie-Amoruso) 5-0 Passes · License Renewals - all have been reviewed and approved by the appropriate department heads Common Victualler Magic Inc. dba Village Pizza at 365 North Main Street · Motion: To approve (MacCaffrie-McCue) 5-0 Passes Wendy's International dba Wendy's International at 64 Copeland Drive · Motion: To approve (MacCaffrie-McCarter) 5-0 Passes LaDonna Restaurant Incorporated at 240-246 Central Street · Motion: To approve (MacCaffrie-McCue) 5-0 Passes ,r- All Alcoholic Beverages Common Vitualler - valid TIPS certification for each The Fresh Catch, Inc., William F. Sarro, Manager - 30 Chauncy Street · Motion: To approve (McCue-Amoruso) 5-0 Passes Board of Selectmen Minutes of November 13, 2002 2 r- Spiezio Enterprises Inc. dba Geno's Restaurant & Lounge - 407-409 North Main Street · Motion: To approve (MacCaffrie-McCue) 5-0 Passes Tahana, Inc. dba Tahana Restaurant, Peter K. Y. Chan, Manager - 60 Oakland Street · Motion: To approve (MacCaffrie-McCarter) 5-0 Passes All Alcoholic Bevera9es Reta/Ï Package Store - TIPS certification valid F & W Inc. dba Dubs's Discount Liquors, 30 Chauncy Street · Motion: To approve (McCue-Amoruso) 5-0 Passes Used Car Dealers Licenses (Class II) William C. Madan dba Tri- Town Auto Sales, 30 Winthrop Street · Motion: To approve (MacCaffrie-Amoruso) 5-0 Passes Transport International Pool, Inc., 390 West Street · Motion: To approve (MacCaffrie-McCue) 5-0 Passes r Public Entertainment on Sunday LaDonna Restaurant, Inc. (music and dancing) 131 Copeland Drive · Motion: To approve (Amoruso-McCarter) 5-0 Passes Live Entertainment Weekdays LaDonna Restaurant and Café, 131 Copeland Drive · Motion: To approve (MacCaffrie-Amoruso) 5-0 Passes r- r . Memorandum from John D'Agostino with final draft of lease between the Town of Mansfield and the Mansfield Housing Authority as voted at the December 3, 2001 Special Town Meeting - to be approved and signed The Town wJ1l maintain ownership of the parking area and the Housing Authority w/ÏI maintain it. It w/ÏI be for the exclusive use of tenants of the Housing Authority on Park Street and any violators w/ÏI be ticketed and towed Chairman Donovan thanked DPW Special Projects Manager Mike Ahern who coordinated the work done. Town Manager D'Agostino reported it was completed with the assistance of DPW workers who striped the lot. Chairman Donovan asked that we send letter of thanks to Mike Ahern and DPW workers for the wonderful job they did. Motion: To sign the lease for the parking lot (MacCaffrie-McCarter) 5-0 Passes Board of Selectmen Minutes of November 13, 2002 3 r · SERSG DPW Services Contract Bid for 12-month period commencing January 1, 2003 to be voted and signed Motion: To accept and sign (MacCaffrie-Amoruso) 5-0 Passes . Various follow-up correspondence regarding previously held dog hearing . Notice of Downtown Business Association 1st Annual Float Contest The Notice of Public Hearing as it appeared in the Sun-Chronicle on October 30, 2002, was read into the record by Clerk MacCaffrie. Motion: To open the public hearing at 8:00 p.m. (McCarter-Amoruso) 5:-0 Passes r Christopher Parella, Manager of Right of Way for Verizon New England, was present to discuss their application for one new JO pole to be placed on Brook Street, on the easterly sideline and approximately 21 feet south of the centerline of Glen Street. He stated they are looking to place a stub pole to support an existing pole. The proposed pole #4 is needed to help support pole #3 which will have materials attached to it by the Electric Company. It is an end pole that is not currently supported. There will be nothing on the pole except a cable connecting it to the other pole. A larger feed line is being strung. Motion: To close the public hearing at 8:03 p.m. (MacCaffrie-McCue) 5-0 Passes Motion: To approve the new JO pole on Brook Street as described on the plan marked VERIZON No. 9AAXUZ, dated August 20, 2002 (Amoruso-McCue) 5-0 Passes Motion: To open the hearing at 8:07 p.m. (MacCaffrie-McCue) 5-0 Passes r The hearing was held for the change of manager for West Mansfield, Incorporated, doing business as Rum Runner Wine & Spirits at 377 Chauncy Street, Unit A. Joseph DeTrolio of 68 Rumford Avenue, son of the owner and the proposed new Board of Selectmen Minutes of November 13, 2002 4 r manager, noted he's been running the store for his father since they moved to this location and this will make official what they're already doing. He currently handles 60 percent of the volume plus advertising and computer work. He also noted TIPS training will be held Sunday, November 1~\ at their old building on Elm Street. It will last three hours. Films are shown teaching what the State expects for burden of proof in the sale of alcohol, followed by a test that must be passed for certification. Motion: To close the public hearing (Amoruso-McCarter) 5-0 Passes Motion: To approve the change of manager (MacCaffrie-McCue) 5-0 Passes Michael Trowbridge and Christopher Rappold were in attendance to update the Selectmen on the Future Search project and to seek their direction. r Mr. Rappold reminded the Selectmen of the plan presented when they were last here and offered the opportunity for them to ask any questions they may have. Mr. Trowbridge suggested the need for the Selectmen's input and support. Chairman Donovan expressed disappointment because there was no involvement from the High School in the· program. He noted overall the plan is good and is headed in the right direction. Selectman MacCaffrie noted reviewing the plan, which appeared geared to youth, yet didn't have youth input. Because he was not involved in it from the beginning, he asked for their thoughts on the next step and asked how their group will be meshing with the plans being made by Hockomock YMCA. Mr. Trowbridge noted they spoke at the last meeting of the lack of input from the youth community and the conclusion was drawn at the end of the Future Search session that children could learn from the seniors. Chairman Donovan said his concern is that youngsters won't want to participate in a program in which they had no input. Mr. Trowbridge said he would like to involve the Middle School students as well. r Town Manager D'Agostino noted the thoughtful group of individuals that have formed to study the community pool and a different group that's studying a multi- purpose community center. Each is interested in working with different individuals Board of Selectmen Minutes of November 13, 2002 5 r in establishing goals and objectives, but it will be the youth of the community that drives the initiative and determines what services they're looking for. The YMCA group is very interested in getting the kids together who will be using the skateboard park to get their input in the design of it. Mansfield, Connecticut, is presently building a beautiful community center in back of their Town Hall. He suggested the committee needs to visit and meet with them to learn how they did it. Chairman Donovan said we need the participation of the kids in order for them to accept it. Mr. Trowbridge suggested that the Capital Improvements Program Committee, the Planning Department, Council on Aging, Recreation Commission, School Department, and Town Manager form a broad-range group to guide and organize the effort. Mr. Rappold noted people involved are close to children, but acknowledged the need to have the children themselves involved. They plan to do that in their next step. r Selectman McCarter pointed out the need for funding. Mr. Trowbridge suggested now is the time to lay the groundwork. Obtaining the land would be the first step. Town Manager D'Agostino said that is being explored and there may be Town-owned land near the schools that can be used. They will need a larger group of influential people to make this a reality as there will be a need for fundraising. We will do whatever is necessary to get the community center and need to commit to that. Mr. Rappold asked where the project sits in the minds of the Selectmen. It was identified as a top priority with Chairman Donovan. Selectman Amoruso said he's read over the material, but didn't think there was any practical plan coming from it except for the need for it. He suggested the need to get the community involved and develop a broad-based perspective on what the community center is going to do. He noted there are many projects, all of which cost money and, if we couldn't maintain drivable roads, that would be a higher priority than a community center. He believes it should be a high priority, but hopes the committee would get input from a wide spectrum of the community. He noted the Hatheway Patterson land that will be available and the need to define what a community center will be used for. Mr. Trowbridge stated this is not their plan, but the plan that evolved from the stakeholders taking part in the two-day Future Search planning session. ,- Selectman McCarter spoke of getting this project on the "wish" list that is developed through our Master Plan. Board of Selectmen Minutes of November 13, 2002 6 r- Mr. D'Agostino asked if it would be helpful for the Selectman and School Committee to appoint a group to develop and expand on this. Selectman Amoruso noted we have representatives with us from the group that's already met. Mr. Trowbridge said he would go back to the School Committee and the solution may be to appoint liaisons to the Future Search Committee to form a working group. Mr. Rappold noted this is a preventative program and there is no crisis such as roads, stating that should a "Columbine" situation develop this too would become a crisis. Selectman McCue noted the financial concerns have already been expressed and said the issue is on his personal radar screen. He pointed out, however, that a contingency plan should be created and they should remain focused on their goal. Selectman MacCaffrie noted the overall goal is good, but affordable housing in Mansfield is currently a higher priority because as these youth grow up they can't afford to live in Mansfield. Mr. Rappold said their approach is multi-faceted and there are many worthy, moving pieces to their document. Mr. D'Agostino noted the group of social service providers that have banded together and formed a network. They too are looking at the affordability of housing and also at the need for services and how they overlap. There needs to be some cohesive action now to bring all the pieces ,r together. Selectman Amoruso noted the large group of parents that worked on the "it takes a village" project that also worked on this same problem. This is telling us we still don't have the answer to that piece of the puzzle and the need is still there. Chairman Donovan encouraged them to continue with their work and offered the Selectmen's commitment to help. Mr. D'Agostino and Mr. Moretti will get together and discuss it further. Robert Mond, Principal of the AI-Noor Academy introduced a Power Point presentation he has prepared and said he would also speak on Islam, as there appears to be a misunderstanding as to what it is about. Mr. Mond noted hearing concerns of "terrorism" coming to Mansfield with the school. He stated he is originally from San Diego and in 1988 became more r interested in Islam. After receiving his Masters degree he went to Saudi Arabia to Board of Selectmen Minutes of November 13, 2002 7 r to teach English for five years. He also spoke of the many other places in which he has taught and said he has recently moved to Mansfield. An Islamic School teaches all subjects taught in other schools, in addition to the religion of Islam and the Arabic language. They are supported by their community and remove or minimize the negative peer pressure on students. The students compete for excellence in their studies and in moral behavior. Muslims pray five times per day and they provide their students that opportunity. There are over 3,000 Islamic Centers and weekend schools in the United States serving over 7 million American Muslims. There are over 20 in Massachusetts serving over 120,000 Muslims. Their central belief is the belief in one God, the belief in the angels, and God's revealed books (Torah, Bible and Quran). They also believe in the prophets and messengers of God, the Day of Judgment, and an individual's accountability for his actions. The five central beliefs were reviewed: one God, five daily prayers, fasting during the month of Ramadan, charity (2.510 of assets each year), and pilgrimage to Mecca one time during the lives of those who can afford it. r Islam forbids lying, stealing and cheating, having a sexual relationship outside marriage, gaining unlawful income, unethical behaviors, and harming others physically or in speech. They promote charity to help the poor and needy, being helpful to those in need, truthfulness, and support for others who initiate good deeds. Dietary considerations prohibit drinking alcohol or eating pork. Jihad does not mean "holy war", but rather to strive, struggle and exert effort against evil inclinations within oneself or society or struggling in the battlefield for self- defense or against tyranny or oppression. Islamic Centers are not new to Massachusetts and have been in New England since 1958, in addition to halls located in many universities and hospitals. Islamic Centers provide many things for their community (mosque, weekend school, social hall, and community services). Math, science, English, social studies and the arts are taught using American curriculum approved by the Commonwealth of Massachusetts, in addition to Arabic. They establish inter-cultural, inter- scholastic, and inter-religious communication with other schools so they can learn more about each other. He cited activities they've participated in with other private and public schools. r AI-Noor Academy offers college preparatory classes, with students and staff from diverse ethnic and cultural backgrounds. They utilize a dual enrollment program Board of Selectmen Minutes of November 13, 2002 8 r- with colleges, enabling those who do well to finish high school with an associate degree. They would also offer a sports program, community service, community education, and interaction with public, private, and parochial schools in Mansfield and neighboring towns. An example of the students' weekly schedule was presented to give an overview of what their students do in the course of each day and the books they are using were portrayed. Photos of small classrooms were shown, indicating their need for more space. They are currently using the labs at Quincy College and the gymnasium at the YMCA in Quincy for physical education and league play. Many of the Muslims were born and raised in America and he noted that the events of September 11th are not representative of Islam. Selectman Donovan spoke of the importance of education and thanked them for enlightening the community. He asked who would be approving the curriculum for their Mansfield School and if anyone can attend. The School Committee and Superintendent will be reviewing and approving the curriculum and enrollment is open to all. r Selectman MacCaffrie noted there were two issues that needed to be put aside - who they are and what they're doing. He expressed his hope that those with concerns watched the presentation and have had their fears and concerns allayed. He stated many of the fears may have been more perceived than actual and he expressed his appreciation for AI-Noor Academy's interest in Mansfield. Selectman McCue noted many people's perception came from September 11th and not having had had any involvement with Islam. He thanked them and welcomed them to Mansfield, suggesting the actions of a few don't speak for the majority of the townspeople. ( I Selectman McCarter said he hopes the few people, who he believes are a minority in this community, have had their fears put to rest and welcomed AI-Noor Academy to Mansfield. Mr. Mond asked that anyone with questions feel free to contact them. The School's Directors and staff members were introduced. They included Dr. Saeed Shahzad, President of their Board of Trustees, who is a neurologist; Dr. Abdul-Badi Abou-Samra, an endocrinologist and teacher at Harvard, who is their Vice President; Dr. Saeed AI-Bezreh, a physician and Mansfield resident, who is their secretary and a member of their Board of Trustees; Dr. Yousef Abou Laban, a Milton resident and psychiatrist who has worked with residents at Village at Willow Crossing, has a private practice and is a graduate of Harvard; Mrs. Zouhour Samrout, their Kindgergarten teacher, who is the mother of four children and has been a Mansfield resident for eighteen years; Mrs. Raja Abou-Samra, a Stoughton Board of Selectmen Minutes of November 13, 2002 9 ,-- resident and their Arabic teacher, who said AI-Noor means the Light; and Mr. Amid Samrout who is self-employed as the owner of a Shell gas station and has lived in Mansfield for eighteen years. Town Manager D'Agostino stated he wants everyone to understand that the location of the school is an issue that both the Planning Director and Building Inspector are dealing with at the present time and he hopes they've been treated professionally. He noted some of the concerns are regarding the location, but stated residents' concerns about building and zoning are not an issue of the Board of Selectmen. He noted Mansfield is a melting pot community and we welcome the diversity as it is the strength of our community and nation. He suggested any problem is the lack of understanding and thanked them for providing this understanding. r- The Town Manager reported: . Police Department has been awarded a $32,000 community policing grant. Lt. Crickard was instrumental in obtaining this. We're approaching the FY'04 budget and will have to commit to the School Resource Officer previously funded by the grant. We are obligated to continue it for a minimum of one year beyond the grant's expiration. Chairman Donovan, noting he's in favor of the position, questioned the salary and further commitment if layoffs become necessary and if it would be the Town Manager or the Police Chief who would determine the necessity of the position. Selectman MacCaffrie requested an overview of what the officer does for the benefit of the public, noting he's not there to maintain order in the schools and asked if the cost could be split between the Town and Schools. r . Police Department has asked MassHighway to place a message board at Route 140 outbound. Mass Highway's Resident Engineer has reviewed the request and does not see the need for any additional signs. Selectman Amoruso stated the current sign cannot be read because there's so much on it. Mr. D'Agostino suggested this attitude of MassHighway is contrary to that shown at the meeting. The Board as Road Commissioners may want to call in District 5 to discuss this further. It appears to be bureaucratic pettiness being displayed in not working cooperatively with the Town. Selectman Amoruso said he has gone through the intersection five times and has yet been able to read the sign. There is also another reported problem with people turning into the Elm Street area and finding out too late that the bridge is closed. Motion: To send a letter to District 5 of MassHighway requesting them to be at the next meeting Board of Selectmen Minutes of November 13, 2002 10 ,,--. (Amoruso-MacCaffrie) 5-0 Passes Selectman McCue noted there are other issues that should be discussed while they are here. (Signalization, length of time to get the project done, etc.) r- · Recently received several calls about work being done on Essex Street and several large trucks hauling material. The Town was not advised of the work, but learned the work is being done by Karl and Dan Clemmey. The scope of the work for both Essex Street and South Main Street was reviewed by DEP and Mr. Lewis made site visits and determined what is going on is a continuation of the previous work under the current superceding orders of condition. We are not aware of any outstanding issues on the site and the contractor returned to the site to complete previously started work. The Great Waves site is also in compliance with the State's conditions. Selectman MacCaffrie noted it was not his intention that our Conservation Agent needs to stand out there on a regular basis, but to just stay aware of what's happening on the site. Since these two pieces of property seem to be the focus of community attention, it would be helpful if we received e-mal1s or some type of notice when something is happening on them so we're able to answer questions that are addressed to Selectmen individually. Town Manager D'Agostino said we do not always know and, if people are working on their property within the confines of what's been approved, they do not necessarily notify us of what they are doing. Selectman MacCaffrie noted we should be getting monthly reports, and if there is not activity we should also be advised of that monthly. It was suggested the State be asked to provide them. · A memorial service is planned for former Selectman Joe Pasquale Saturday from 4-8 p.m. at the Bolea Funeral Home. Staff has been requested to lower the flags to half staff from sunrise Saturday to sunrise Sunday in memory of Mr. Pasquale. He suggested Selectmen attend the service as a group on Saturday and invited the community to join them. Chairman Donovan expressed his grief to the famlÏy, noting he and Joe rode the train together for many years. Selectman MacCaffrie noted he and Joe were often on opposites sides of the table in their official roles, and their discussions were always important to each other and they always remained friends. r · Announced that after five months of intense work behind the scenes we have a process and program that will payoff for the Town. Willie Sarro and Antoine Harris of the New England Patriots have decided to raise funds to purchase a number of ambulances over a period of years by establishing a fund for this purpose in Mansfield. The backing of the NFL and Antoine Harris and Mr. Sarro will hopefully guarantee that this fund in future years will be backed by the New England Patriots, the NFL, and many Mansfield residents who recognize the Board of Selectmen Minutes of November 13. 2002 11 ,r- need for state-of-the-art ambulances for our community. Next week Mr. Sarro and Mr. Harris will be present to make a formal presentation with a committee that has already raised in excess of $20,000. Selectmen expressed their appreciation for the efforts being made on behalf of the community. · We have our first project that will require the need to save water in the permitting of the project. The Erin Centre trips the threshold requirements and the Board needs to bethinking of ways in which they would like to see twice the volume of water saved that's being used for this particular project. Staff is reviewing the information at this time. Discussion ensued as to the requirements of the policy and program. A copy of the policy will be provided r Selectman McCue: · There were some favorable articles in newspapers regarding how well positioned Mansfield was going into Town Meeting under the leadership of our Town Manager. We previously met with representatives of the Mansfield Condominium Association and he said he wants to make clear to them that the money committed at the Special Town Meeting was not discretionary spending but rather prior commitments that had been made. The money was spent out of necessity and his intent is still to support trash pickup for them when funds allow. Selectman McCarter noted most of the money was for things that were one-shot deals and did not add to the operating budget. The Town Manager noted the need to be in a good position because of the economic forecasts we're faced with. Selectman MacCaffrie: · Thanked Mark Cook for putting rocks on road edges Selectman McCarter: · Light Commissioners November 25th at 7:30 p.m. Selectman McCue: · Suggested we should think about dates for the official dedication of the flagpole so we can notify the dignitaries who will be invited r Board of Selectmen Minutes of November 13, 2002 12 , .-- Selectman McCarter: · Asked for an explanation in laymen's terms about the pay issue with the Police Department. Town Manager D 'Agostino replied that the issue dates back twenty years with Auxiliary Police Officers. They need to ride along with officers on patrol as part of their training. There was a complaint filed by a group of reservists that they were not being paid for that time (56 hours in cruiser situations) and that is what is in question. They are required to spend the 56 training hours riding with a trained officer in a cruiser because in their duty as an auxiliary they may be required to perform some aspects of regular police work. To not have the training would put us in a position of further liability according to the Labor Board Were waiting for a decision from the Labor Board The situation resulted because a group of auxlÏiary officers went to the media with it. Selectman MacCaffrie asked if theyre now forsaking working those detalÏ jobs at a higher rate because they're not getting paid for the 56 hours. As a result of the situation, the Chief decided they wlÏl not be given any detalÏs untlÏ this issue is resolved Selectman Donovan: · Thanked all those who participated in the Veterans Day Parade and asked that a letter of thanks be sent to the VFW for the collation provided. r · The Seniors want to know if there will be a dedication for the parking lot. We'll have a ribbon-cutting ceremony. · He received complaints about drains clogging because of leaves. It is being done, but it's impossible to keep ahead of it with all the wind and rain we've having. Motion: To adjourn at 10:40 p.m. (McCarter-Amoruso) 5-0 Passes 11/?ð/t:?2- , Date of Approval r Board of Selectmen Minutes of November 13, 2002 13