Loading...
HomeMy WebLinkAboutmin brd of selectmen 05/08/02 f-;: -" ¡~":. !' I :'~h {) . ~-~ > -~ ;.: Board of Selectmen Minutes of May 8, 2002 ~. ;:: ;:;, y ! -s r;·: 9: : 5 . I ¡ . J . L . ,_. _) ¡', ,~3.·-,,-..¡'J:ié:TTS Present: Chairman Louis P. Amoruso; Vice Chairman Bradford E. Wills; Clerk Michael W. McCue; Selectmen David W. McCarter and Daniel Donovan. 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. A plaque honoring his three years of service was presented to outgoing Selectman Wills. Chairman Amoruso recalled being a candidate for election with Mr. Wills three years ago, noting he was a wonderful campaigner. Chairman Amoruso spoke of Brad's love of the people, noting he always brings back ideas from them and passes them onto the Board and spends almost every day thinking about the Town of Mansfield. He noted his friendship has been the most important thing and he has enjoyed knowing Brad and his wife. He thanked him on behalf of the Town and wished him well. Selectman McCarter said he has learned a lot from Brad because he's been here his whole life. Selectman McCarter said his first memory of Brad was seeing him help out Bill Madan, who at the time was one of his opponents in a campaign for election to the Board. Although they had their contentious moments, Brad helped him get to know many people he would not have met. Selectman McCarter recalled on his third try he was successful in being elected to the Board of Selectmen, and the next year Brad was elected. He noted Brad is a good politician who takes the Town very much to heart and he hopes they'll be better friends after tonight. Selectman McCue noted they'd only worked together for a year and he met Brad in the Town Manager's office. The first thing Brad said to him was "You need to take me over to the Café and buy me lunch." He wished him the best. Selectman Wills thanked his wife and son for putting up with him and noted how much he loves the people of Mansfield. He said he has always tried to do his best and will run again someday. In the meantime he'll try to follow his doctor's advice and exercise more and stay out of the Café on the Common. Minutes of May 8, 2002 Selectmen's Meeting 1 'Questions andComft(_.i~~:'.'···· Paul Diette of 59 Lancashire Drive - spoke regarding the Airport Request for Proposals (RFP) process and asked the Selectmen to encourage the Airport Commissioners to remain in the Bridgewater State College program. He asked that the RFP call for bargaining of fees for all the licensed personnel at the Airport; that they be in sound financial condition subject to corporate credit checks; be required to provide proof of insurability; have a history of a low-risk operation with no significant accidents, loss of life, Workmen's Comp violations, etc. He also asked that they publish the historical cost basis for the operation of the Airport and the income stream. He noted his exposure to Government has never been as intimate as it has the past six months and stated he's gained a knowledge of the role of the Selectmen. He recommended that all Commissioners be required to enter into an oath of service when they are appointed, detailing the points that should be covered in such an oath. Lou Andrews of Fruit Street and member of the Airport Commission - suggested Mr. Diette come to the next meeting and present his recommendations. Mr. Diette pointed out that he was excluded from attendance at the last meeting. Mr. Andrews noted that was an error on their part and they have since been advised by Town Counsel of the need to conduct business in open session. Kevin Doyle of Fruit Street reminded the Selectmen of the duties of the Airport Commission as stated in the Town Charter. They are supposed to be profitable, yet we just gave them $10,000 for a mower. Arthur M. O'Neill, Mansfield Police Chief - advised residents that over the next two to three weeks the Police Department will be conducting night firing operations. Sgt. Brown, the range instructor, will be notifying people in the area. He apologized for any inconvenience brought on residents and noted they will try to conduct operations on the weekends when possible. It will take four to eight sessions to get all their officers through the training and he said they would do their best to minimize any inconvenience. George Dentino of Gladiola Terrace - commented on the two violation hearings conducted last week, noting the Board voted 5-0 to dismiss the charges. He pointed out the weakness of the cases presented and suggested there should be a sub-committee of three people who should meet with Chief O'Neill in order to save the Town and the defendants money by not bringing forth such weak cases. He also noted he found it totally inappropriate on the part of Town Counsel to mention him by name during those hearings for something he had no part in. Minutes of May 8, 2002 Selectmen's Meeting 2 Steve MacCaffrie of 236 Mill Street - said he appreciates the support of those present at last night's Town Meeting for the by-law amendments that were passed relative to the conduct of Town Meeting. He suggested it might behoove all incoming chairmen of Boards and Committees to re-read the Open Meeting Law or at least attend a session to understand where, how, and when the sessions can be held. He asked that this issue be considered when the new board convenes next week. Manual Gonsalves, pilot at Mansfield Municipal Airport - referred to the Airport Commission meeting of March 14th at which an Executive Session was called, re- opened to the public, and immediately adjourned. He stated he's been flying Selectmen Wills around to other airports to see the operations and facilities at other places. He spoke of the need for more and better facilities at the Mansfield Municipal Airport, noting better facilities would produce more revenue for the Town. Weekly Business · Minutes of April 24,2002 Motion : To approve (McCue-Wills) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of May 1, 2002 Motion : To approve (McCue-McCarter) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of May 6, 2002 Motion: Approve as amended (McCue-McCarter) 5-0 Passes · Warrant 46 in the amount of $2,337,256.97 Motion: To approve (Wills-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Proclamation read for Older Americans Month to be presented at the Council on Aging Volunteer Luncheon on May 24, 2002 Motion: To sign (Wills-Donovan) 5-0 Passes Minutes of May 8, 2002 Selectmen's Meeting 3 Correspondért4e.. . . ............ · Copy of letter from Town Engineer John Sullivan extending an invitation to attend an informational meeting for abutters to the Town-owned land between Park and Court Streets re: lO-space Parking Lot/Mansfield Housing Authority Park Street · Letter from Beth Flint requesting permission to use the Public Parking Lot for the Farmers' Market to be held starting Thursday, July 11th and continuing each Thursday through October 17, 2002 between 2:00 p.m. and 6:00 p.m. Motion: To approve (Wills-Donovan) 5-0 Passes · E-mail from Robert Paza of 14 Fuller Place regarding the dangerous intersection of North Main Street and Route 106 and requesting the installation of two "Right Lane Must Turn Right" signs at the intersection of North Main and Route 106. It was noted that this intersection is under State control and is also part of the Train Station project. · Letter from Emily and Robert Boutilier re: their experience with the Town Clerk in the handling of their marriage license. Response of Town Clerk attached. · Letter from Mansfield High School All-Sports Booster Club requesting approval of a 5K Road Race on Sunday, May 19th with the route as detailed in their letter. Police and Fire Departments have approved Motion : To approve (Donovan-McCue) 5-0 Passes · Letter from Tweeter Center with required information on schedule of confirmed events attached .. ................... ................:........y:..h. .. . ..:......... "... .. .....~.. . . .. Alcohol' Violation' Hearfhg":",,·,,tknos ReSfQij~ Clerk McCue read the letter sent to Geno's regarding the hearing. Present for the hearing were John Spiezio, manager of Geno's, who was represented by Attorney Michael Morizio. Town Counsel Mangiaratti noted this a hearing before the Board as the licensing authority. He presented a memo that pertains to the applicable law, which he Minutes of May 8, 2002 Selectmen's Meeting 4 stated he would be referring to from time to time throughout the hearing. The authority is set forth in M.G.L. Chapter 168, Section 64 which gives the Selectmen the authority to act on violations. The allegation is that gaming took place at Geno's, and the most applicable statute is set forth in CMR 204 and CMR 205, a copy of which he provided. There was a video poker machine on the premises that violated this regulation. Officer William Donnelly of the Raynham Police Department said he was assigned as an undercover police officer for the purpose of investigating allegations of gambling during the period from March of 1999 to June of 2000. He went into Geno's Café and ordered something to eat and played the video poker machine. He was paid for the amount of credits left in the machine when his meal was ready. He noted there is a "ticker" behind the bar and the employee at the bar went over with a flashlight, looked at it, clicked something, and erased the credits that were on the machine. He put in $5. on that particular night and his winnings were $15. On April 6, 2000, essentially the same thing happened and he was again paid $10. by an employee of the establishment. The video poker machine is similar to a slot machine wherein you insert your money and get credits to play. The employee behind the bar again tallied the amount, wrote it on a piece of paper, went over and opened up the machine, took out money, and deposited it in the register. On April 7th he again played the video machine and lost money. He observed another man playing the machine who was paid in similar fashion to the way he had been previously. Attorney Morizio noted Officer Donnelly was reading from a written document and asked if he had any recollection of the incidents without reading from it. Officer Donnelly testified that this was his sole assignment and he wrote the reports himself the next day. He gave his background in this assignment as six months, during which time he gathered evidence in other gambling issues. He was not assigned to patrol work at that time. Attorney Morizio suggested this assignment was better than driving a patrol car. He noted the importance of gathering as much information as possible and pointed out the core of his testimony is there was a gambling machine with some type of ticker behind the bar. Officer Donnelly said that was what they used to clear the credits off the machine. Attorney Morizio asked if they obtained a search warrant to gather evidence. He noted it's the policy of the Police Department to get as much corroborating evidence as possible. Officer Donnelly reiterated that he was working undercover. Attorney Morizio noted Mr. Spiezio has been in business over twenty years and has never had a problem. He has someone come in with various machines and rotates them when they "get stale." Attorney Mangiaratti noted the Officer is not here to take a position on what should happen with the license. Attorney Morizio noted honest mistakes can be Minutes of May 8,2002 Selectmen's Meeting 5 made. Attorney Mangiaratti pointed out the investigating officer was rewarded for producing evidence by being allowed to continue in his undercover capacity. Attorney Morizio showed Officer Donnelly slips of paper and asked if they were what he saw being passed out. He stated it was white paper, but not the paper currently being shown. Attorney Morizio noted Geno's uses these for orders and does not use a computer. He asked if the bartender was the same person each time. Officer Donnelly replied affirmatively and noted her name is Bev. He said he's never seen her use a flashlight in filling out his order. Attorney Morizio noted she has diabetes which has affected her eyes, and that's why she uses the flashlight. Selectman Donovan spoke of the four dates noted and asked if he observed people playing the machines on all those dates. He questioned why he didn't confront the owner when he saw an "illegal" machine the first time he saw it. Officer Donnelly said that would have blown his cover for the whole operation. Detective Robert Martin, employed by the Mansfield Police Department for approximately 27 years, stated he was cooperating in the investigation of illegal gambling in Mansfield between 1999 and 2000. He was the supervising officer and Officer Donnelly advised him of what happened shortly after payment was made to him from the machine. He turned the money over to him and it was tagged as evidence. The undercover operation involved other establishments and other suspects in the area and the scope of the operation was much wider than Geno's Restaurant. As a result of the investigation, the following charges were brought: keeping a common gaming house, gaming instruments and promoting a lottery. Keeping gaming instruments brought about a fine and was continued without a finding after admitting to sufficient facts by the defendant in Court. Attorney Morizio asked if it's not easier for a business person to admit to sufficient facts. Detective Martin reviewed the process, noting a case continued without a finding can result in a conviction. Selectman McCarter asked Detective Martin about the criminal charges filed in the case, listed on the report as a violation of M.G.L. Chapter 271 Section 13A, and suggested it might be Chapter 271, Section 3, in addition to Sections 5 and 7. Detective Martin noted 13A was a typographical error. The defendant was charged with sufficient facts under Section 3. Selectman McCarter noted a first offense would be a fine of not more than $100 or imprisonment for more than 3 months. The Court imposed a fine of $300. and there were no gaming violations in the past. An alleged violation in the past had been dismissed. Minutes of May 8, 2002 Selectmen's Meeting 6 Selectman McCarter asked if there were any other machines in the establishment, noting the defendant does not have a license for automatic amusement devices. He then pointed out Chapter 139 Section 20 as the statute under which the case was presented to the Board by the Police Department. He questioned if we are limited to what has been sent out in the notice to the defendant. Attorney Mangiaratti noted the Board is required to give the defendant notice and the opportunity to be heard. The standard is simply due process and fairness. Attorney Morizio noted his client is willing to waive any notice requirements in the interest of moving along. Detective Martin testified the operation went on from Spring of 1999 to the Fall of 2000. Search warrants were obtained June 8, 2000 by Trooper Michael Scanlan of the State Police Special Forces unit--and none of them were served at Geno's. The identity of the two officers was compromised in July. Trooper Scanlon went in during July and reported back that nobody was at the poker machine at a time when they would normally have been there. Had he gotten a search warrant, they would have had time to switch the machine because they knew by then the undercover officers were in there. They would have been able to change the "guts" of the machine and, if it were seized, it would have been a different machine. The winnings and the officer's testimony was the evidence it was an illegal machine. The incidents occurred in the Spring of 2000, but there were other ongoing investigations of illegal gambling. Attorney Morizio went back to Detective Martin's timeline, noting Trooper Scanlon got four search warrants simultaneously on June 8th. These were for full-blown bookmaking operations going on at other locations. Detective Martin noted the undercover officers were working at their own peril after these search warrants were served. May 18, 2000 is the latest date an officer reports going into Geno's. John Spiezio and his family, by the Police not getting a search warrant, have been put in the position of proving a negative. Attorney Mangiaratti suggested that unless there are any more questions for Detective Martin, he should be dismissed. Selectman Wills noted he doesn't want to stop because the Selectmen are being asked to make a decision on a license. Counsel noted he should be allowed to make an argument on the evidence presented. Attorney Morizio stated Counsel is trying the diminish the importance of evidential evidence. He pointed out Mr. Spiezio's position of simply making a mistake and now having to prove a negative. He said it is a small family restaurant and gave their food a plug, noting he is working pro bono. Town Counsel Mangiaratti noted there is no reason to doubt the testimony of experienced police officers, stating the officer went in, played a video poker Minutes of May 8, 2002 Selectmen's Meeting 7 machine, and won and lost money. That is clear indication that illegal gambling took place in violation of the CMR stated. His history and reputation should play only into the decision regarding the disposition of the case. Selectman Donovan asked if the machine is gone. Attorney Morizio replied that it has been gone for almost two years. Motion: To close the hearing at 8:50 p.m. (McCue-Wills) 5-0 Passes Motion: To send a letter of reprimand so it won't happen again (Donovan-Wills) Selectman McCarter suggested moving to find a violation first, then deciding the penalty. Selectman Donovan agreed. Selectman McCarter said he expected to hear evidence on the statute cited in the report and notification. Having heard CMR evidence, he feels comfortable finding there is a violation. He noted the Board's policy adopted in 1985 that has been followed in the past and was intended to be used as a guideline in these situations. The first violation would be a letter of reprimand and/or suspension of up to three days. He noted he couldn't agree with just the letter of reprimand and is troubled by the fact that there may be other unlicensed amusement devices on the premises. For that reason he said he will vote against the motion. Chairman Amoruso agreed, suggesting they not be granted a license for one year for amusement devices. Selectman McCue stated the exchange of money indicates something did go on that was a violation. He said a 1-2 day suspension would be more appropriate than a letter of reprimand. Vote: 2-3 with McCarter, Amoruso and McCue opposed Fails Motion: To find a violation and suspend the license for two days, to direct the Police to remove any unlicensed machines from the premises, and deny a license for such machines for a period of one year. (McCarter-no second) Town Counsel advised the Board that the violation before them is for the alcohol license. If Mr. Spiezio needs additional licenses for things he has, he should apply for them. If they're not granted, then the Police should be notified to remove the machines from the establishment. Amended Motion: To find a violation and suspend the alcohol license for two days (McCarter-McCue) Minutes of May 8, 2002 Selectmen's Meeting 8 Selectman McCue said that given the gentlemen's record for the last twenty years and the fact this is a first violation, he would like to amend the motion to a one day suspension. Selectman McCarter agreed to the amendment. Motion: To find a violation and suspend the alcohol license for one day (McCue-McCarter) 3-1-1 (Amoruso opposed, Donovan abstaining) Passes The decision will be drafted by Town Counsel and sent to the Selectmen. There is then a five day appeal period. Following that the date of the suspension can be determined. Attorney Morizio asked if the date could be May 27th because there would not be as much business on Memorial Day, a Monday, as many people are away. Motion: To suspend the license on Tuesday, May 28, 2002, from 12:01 a.m. to 11:59 p.m. (Wills-McCarter) 4-1 with Amoruso opposed Passes A five minute recess was called. 1b,e:~ønt~'·Alc()1tôI:.violationffa_"· The hearing was opened at 9:20 p.m. with the letter sent to The Regent Café notifying them of the hearing being read into the record. Attorney Charles Mulcahy was present to represent William Pascucci. Town Counsel Robert Mangiaratti was in attendance to present evidence gathered by the Police Department. He outlined the allegations and the statutes covering this situation - CMR 2.05, subsection 1 and 2. The evidence presented involved illegal gaming with an on-going pattern of bookmaking and other illegal gambling taking place at The Regent Café. He said he will call Trooper Michael Scanlon and Officer William Donnelly to give their testimony in the investigation that went on for thirteen months. Trooper Scanlon said he is assigned to the State Police Special Services section and has been employed by them for 19 years. He is familiar with the practices of illegal gambling and has conducted investigations of such for many years. The investigation was conducted from May of 1999 through June of 2000. Based on his investigation, he determined that illegal gambling was taking place and four search warrants were obtained-one for The Regent Café that was served June 8, 2000. At that time numerous papers with notations regarding illegal gaming activity were Minutes of May 8, 2002 Selectmen's Meeting 9 seized relative to football games and evidence of card playing activity. Based on his experience he concluded that illegal gaming had occurred at The Regent Café. Charges were brought against individuals by the Attorney General and District Attorney, two charges against bartenders-one case was continued without a finding on a charge of registering bets, using the telephone for gaming, and keeping a common gaming house. The individual admitted to sufficient facts and it was continued without a finding. The second bartender was charged with keeping a gaming house and delivering a package for gaming. This case went to a jury trial and he was found guilty and given a $550 fine. With respect to the other three individuals charged for activities at The Regent Café, they were charged as bookmakers and their cases were continued without a finding after sufficient facts were admitted for a guilty finding. Attorney Mulcahy noted Chief O'Neill found out there was gambling going on in Mansfield in 1999 and contacted the State Police. He asked if individuals were pointed out or if establishments were targeted. He noted Officer Donnelly's prior testimony. It was illegal gaming that was the focus of the operation and not the establishments themselves. Attorney Mangiaratti reviewed the process, asking Trooper Scanlon if he ever was in the Regent Café (he replied he was once) and if he ever saw the individual sitting at the table (William Pascucci), to which he replied "no". The evidence was in the Trooper's cruiser and he offered to go to the car and get the evidence. Attorney Mangiaratti asked Trooper Scanlon if he'd reviewed the affidavit in preparation for tonight's meeting. He stated he last reviewed it a few months ago. He stated William Pascucci's name was not mentioned in the affidavit. Officer William Donnelly of the Raynham Police Department, who was working undercover on the investigation, said he commenced work in May of 1999 as an undercover operation on gambling in Mansfield on the same operation as described by Trooper Scanlon. He and his partner posed as brothers in their investigation and were invited into The Regent by one of the bartenders. They visited The Regent Café two to four nights per week during their operation and engaged in gambling activities while they were there. They placed bets through the bartenders, played football cards, and were allowed to use the phone to get spreads from the bookies. The bartender knew they were into gambling and invited them to The Regent. The bartender would make calls for them to place bets. There was no exchange of money at the time of the bet. A total was run for the week, and the money was exchanged on Monday or Tuesday of the following week. Money won was turned over to Detective Sargeant Martin. On some occasions the bartender settled up on the bets and also introduced them to other bookmakers who frequented The Regent Café. Bets were placed every week throughout the course of the 13-month investigation. The vast majority of settling up on their bets took place at The Minutes of May 8, 2002 Selectmen's Meeting 10 Regent Café. Attorney Mangiaratti asked Officer Donnelly to explain how the football betting took place, which he did. You'd meet the person at The Regent to settle up on the bets. The bartenders on occasion acted as agents for the bookmakers in settling up on the bets. He also observed bookmakers at The Regent Café engaging in gambling activities at The Regent Café. It was an on-going investigation regarding narcotics and gambling. The amount of betting depended on what sports season it was. On the weekend there were five to ten guys participating in the bookmaking. Card playing for money was also observed, as were bookmakers exchanging money with others in relation to the card playing. Approximately $30,000 was exchanged by them at The Regent Café during their investigation and the activity was taking place regularly. Attorney Mangiaratti asked if he'd reviewed any of his reports before coming here tonight. He showed a number of documents and asked Officer Donnelly if these were the reports he and Officer Pacheco had prepared. Officer Donnelly said there were additional reports on narcotics prepared by them during the investigation. Officer Donnelly stated he saw Mr. Pascucci present but could not remember when. He did not know who the manager was and he never saw him making or taking bets or exchanging money. Attorney Mulcahy noted Mr. Pascucci's name is not mentioned in any of the reports. He asked Officer Donnelly if he'd checked with the telephone company to see if the phones at The Regent were public phones. He asked if he was told the phone in the kitchen was for kitchen orders. Officer Donnelly said he was allowed to use the phone, but never checked to see if they were public. He testified this week against one of the individuals at The Regent who represented himself before a jury and was found guilty on two counts. On questioning by Attorney Mangiaratti, he said he saw people playing "pitch" and money was exchanged at the end of the game. He admitted it was "a friendly game in a working men's bar." He said he would not be able to identify Sgt. Martin's notes among those produced. Selectman Donovan asked why there were no charges filed against the owner of The Regent (he was never seen involved in gambling). Selectman McCarter asked Officer Donnelly how many of the prosecutions he was directly involved in (just one). Trooper Scanlon presented the evidence brought in from his cruiser at the request of Attorney Mulcahy and allowed him the opportunity to review it. Trooper Scanlon stated Trooper Kaplan went on the site to obtain the search warrant and testified as to who had control of the evidence obtained from The Regent. Some of the evidence was found in the kitchen area and in an office. Trooper Scanlon was asked if there were any identifying marks on the evidence. He replied that the evidence was not fingerprinted. Minutes of May 8, 2002 Selectmen's Meeting 11 Selectman McCarter noted Mr. Pascucci was not prosecuted for any activity taking place within his establishment. Trooper Scanlon said he was not prosecuted for allowing gambling to take place and he was never observed participating in gambling activity. Five individuals were prosecuted out of The Regent (three bookmakers and two bartenders). Selectman Wills asked to see some of the evidence, questioning if they had dollar amounts on them. Trooper Scanlon showed him various papers seized from The Regent showing teams and the lines on the games. In some instances team names were circled, but there were no dollar amounts indicated. Attorney Mangiaratti asked Trooper Scanlon if those types of documents are consistent with illegal gambling operations and he stated that are. Attorney Mulcahy said he was asked to assist William Pascucci. The Regent was established in 1936 by William Pascucci's grandfather and the business was passed down to his father. William Pascucci, who works someplace else, agreed to keep the business operating on the death of his father so those employed there could continue to work. None of the records ever mention William Pascucci's name. An investigation was done and they caught the right people. Mr. Pascucci had no personal knowledge of any of the bookmaking operations to the extent they existed. He knew of friendly partnership pitch games for $l/point that have gone on for many years and of football pools. He commended the Police Department on their investigation, noting the right people were caught and prosecuted. He asked consideration for William Pascucci and the Regent, asking for just a reprimand. Attorney Mangiaratti said Attorney Mulcahy has made a reasonable presentation and acknowledged that illegal gambling has taken place. He noted this is not a criminal case being prosecuted and there is no doubt that Mr. Pascucci is not being prosecuted. We're dealing tonight with the administration of the alcoholic beverage licensing laws and the Selectmen have the duty and responsibility to oversee the operation and administration of such licenses in Mansfield. Every licensed establishment must have a manager. When there is a violation, it is the responsibility of the manager. In this case, knowledge is not essential. What is essential is illegal gambling was taking place, Mr. Pascucci is the manager, and he is responsible for knowing. His lack of knowledge regarding the matter shows that he is not carrying out his responsibility under the law. The regulation says he is responsible whether he's there or not. Motion: To close the hearing at 10:12 p.m. (Wills-McCarter) Minutes of May 8, 2002 Selectmen's Meeting 12 Selectman Donovan said he is often in the Regent and doesn't believe Mr. Pascucci is responsible for other people's problems. Motion: To find a violation and give them a reprimand to be sure it doesn't happen again. (Donovan-Wills) Selectman Donovan noted in the Geno's case it was the manager himself who was prosecuted for a violation on his premise. Selectman McCarter noted the point that has been raised is we've charged with enforcing M.G.L. Chapter 139 Section 20 violations for "knowingly under his control let his premise be used for illegal gambling." While we could find a violation under the CMR's and we have an obligation to uphold the law, any such violation would have to be found under the CMR's and not the statute cited. He asked Mr. Pascucci what steps he's taken to prevent this from happening in the future. Mr. Pascucci said he's established a zero tolerance policy and has signs posted noting this. Selectman Wills noted he's not voting on the violation, but on the letter of reprimand. Chairman Amoruso noted that in the motion made by Selectman Donovan, there is inherent gambling taking place. Vote: 4-1 with Amoruso opposed Passes Town Manager's Report The Town Manager reported: · Town of Mansfield as lead community secured funding to hire a regional recycling coordinator. The grant, in the amount of $40,000. will give us the ability to coordinate educational initiatives on a regional basis. Not less than $35,000 will be used for salary and the balance, including in-kind services, will be donated by the communities involved. · Final topcoat of asphalt has been installed to the track behind the High School. The field will be covered with plastic and the area will be off limits to the public until the rubber top coating is complete. We have started construction of the COA/Library entrance sidewalk. It will be concrete pressed brick which should last for approximately 20 years. The current brick is crumbling and some are missing, creating a hazard for seniors and library patrons. Minutes of May 8, 2002 Selectmen's Meeting 13 · Town is hosting Regional Drinking Water Day at Holiday Inn Mansfield. The Kraft Group will provide tours of the new CMGI Stadium in Foxboro. The Town will be receiving a drinking water award. · May 13th he will be attending the MPCCO workshop and will be out of the office most of the day. That evening there is a regional cable meeting and he questioned whether we should continue our participation based on the vote of Town Meeting last night. Chairman Amoruso said he did not think the vote precluded our participation and that interest in getting information was indicated · He has received indications of interest from a number of residents willing to serve on the Planning Committee for the YMCA pool and skateboard park. He will meet with Sue Cinelli and Ed Hurley of the YMCA on this issue and begin to structure the committee. We are scheduled to meet with the Park and Recreation Commission on this issue June 17th, which is a Monday night. · He plans to take some vacation time at the beginning of June to attend a Manager's Association conference. His plans are not firm at this point, but he will be away from the office on vacation or attending the Manager's Conference in early June. · Reminded everyone of the Well Dedication ceremony for the Morrison Well and the renaming of the Mahana Well at 10 a.m. Saturday on Plain Street. The public is invited. Selectmen's Old Business Selectman Donovan: · wished Brad Wills luck in his retirement from the Board of Selectmen. Selectman McCue: · bid farewell to Brad · reported the Annual Meeting/Dinner of SRPEDD is to take place at LaDonna on May 29t\ which is a Wednesday. The Selectmen's meeting will be cancelled for that night. The Route 106 repaving and the reconstruction of the bridges in Mansfield are all part of the Transportation Improvement Plan which SRPEDD oversees and it would be advisable to participate in this meeting. Minutes of May 8, 2002 Selectmen's Meeting 14 Selectman Wills: · Stated he's been thinking about the Board's previous vote to rehire the auditors for another two years and made the following Motion: To reconsider the hiring of the auditors for another two years and to instead get new auditors. It was noted we've already signed a contract. We have GASB34 requirements to meet and the number of firms doing municipal work is greatly reduced (Wills- Withdrew motion following discussion Ad",me t Joummn Chairman Amoruso passed the gavel to Selectman Wills and made the following Motion: To adjourn at 10:47 p.m. (Amoruso-Donovan) 5-0 Passes s7/!~/ Date of Approval Minutes of May 8. 2002 Selectmen's Meeting 15