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HomeMy WebLinkAboutmin brd of selectmen 05/01/02 r RECEIVED ,". ,', ,-.. I (' <r n " ¡'! C I i. !} r ~ ¡ L, ~.: Board of Selectmen Minutes of 02 i'~~,\( - 9 r"I'1 9: I 4 May 1, 2002 [': ¡ ;" ¡ r~ L D M fI, C::C~ 6 f' ! I(~E·~I 15 i ,,""\ ......' '",' ..".., I.".i ",.-' '''; 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. (' . Warrant No. 45 in the amount of $962,156.98 Motion: To approve and sign (Donovan-Wills) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll and Voucher No. 79077 Passes -,?\ . Hackney Driver License application of Robert John Plumer Motion : To approve (McCue-Donovan) 5-0 Passes Town ManaQer and Staff . Memorandum from Town Engineer John Sullivan re: Proposed 10-space Parking Lot/Mansfield Housing Authority Park Street . Memorandum from Betty Amicone, DPW Office Manager, with attached application to be signed by Chairman of the Board of Selectmen to be listed as a Department of Envirpnmental Protection Approved Recycling Program. Motion: To authorize the Chairman to sign the certification r" (Donovan-Wills) 5-0 Passes Board of Selectmen Minutes of May 1, 2002 1 r Boards and Committees · Memorandum from H. Thomas French, Jr., Chairman of Planning Board, re: Planning Board review and recommendation on the plan for Parking Lot at 15 Park Street State and Local Officials · Letter from SRPEDD requesting Selectmen make their annual appointments for their SRPEDD Commission representative and JTPG Committee delegate and alternate. · Invitation to Drinking Water Day hosted by Mansfield Water Department on Thursday, May 9th, at The Holiday Inn of Mansfield. Residents · Letter from Lou Andrews of 255 Fruit Street re: odors from the sludge plant off Fruit Street r Others · Letter of support for King Aviation from Barbara and Alfred Beech of North Easton, MA · Letter from VFW requesting Selectmen's participation in Memorial Day parade and ceremony Motion: To close period of written comment on Cable License Transfer McCarter-Wills) 5-0 Passes Motion: To approve the transfer of the Cable license to Comcast subject to the receipt of the letter authorizing Frank Foss to represent them (Wills-Donovan) 5-0 Passes Mr. Sullivan reported on his meeting with the Planning Board in their capacity as r Municipal Clearing House and with Inspector of Buildings Bertram M. Cook. He also has met personally with a couple of abutters and has set up an informational Board of Selectmen Minutes of May 1, 2002 2 r meeting on May 14th at 7:00 p.m. The work will be done by our DPW in conjunction with the Engineering Department. Everything has been approved, with an article at the Fall Special Town Meeting. One suggestion from the Planning Board was to attempt to swap some spaces with the Fairfield Optical property and to add some trees for screening. Town Counsel does not believe that is practical or possible. George Dentino of Gladiola Terrace - spoke on the lockbox issue, noting a previous statement made that lockboxes had been tried in the past and they did not work out. He asked for additional information on this and a report of the results. Mr. Dentino also spoke of the increase in Building Department fees and asked about the fees not covering their expenses. Town Manager D'Agostino reviewed the cost of the operation of the department and noted the attempt to set the fees to cover their operating expenses. Mr. Dentino asked where the money would go that's appropriated for salaries and expenses. Town Manager D'Agostino explained that the fees collected go into the General Fund and the revenue is offset by the appropriation to pay salaries and expenses of the department. r Steve MacCaffrie of 236 Mill Street - expressed his opinion regarding the fees, noting if the department pays for itself and the money is appropriated in the operating budget, he believes it is a "slush" fund that is created. Town Manager D'Agostino explained the principles of municipal accounting whereby all revenue goes into the General Fund and is then offset by the appropriation. Mr. MacCaffrie noted the public had a right to speak on the issue of the fees and suggested it should have been a public hearing. He asked that in the future the public be given the opportunity for input. Bruce Fallows of 15 Avon Street - thanked Selectman McCue for making it known last week that Mansfield Youth Soccer, in light of the current economic situation, withdrew their Town Meeting articles requesting funding for fields. Town Manager D'Agostino passed out a status update on DPW projects; budget changes for the FY'03 budget, outlining the cuts made; and his budget message as required by Charter. r" He also noted a request from Cheryl Collins of the Mansfield Garden Club requesting permission to place signs on both the North and South Commons on Thursday, May 2nd, for the May 11th Plant Sale and to close Park Row between 5:00 a.m. and 1:00 p.m. that day. Motion: To approve, subject to the approval of the Police and Fire Departments Board of Selectmen Minutes of May 1, 2002 3 r (Donovan-McCue) 5-0 Passes Town Manager D'Agostino also presented a brochure to the Selectmen regarding the proposed Water Treatment Facility and asked if they would like to have them handed out at Town Meeting. Selectman McCarter asked if the picture is a fair and accurate depiction of the drinking water as it is shown coming out of the hydrants during flushing. Mr. D'Agostino noted it is a picture of the typical flushing operation. Selectman McCarter questioned whether the depiction could be classified as "propaganda." Mr. D'Agostino noted the pictures were taken to show the extent of the iron buildup in that section of town. Selectman McCue suggested there be more descriptive text to complement the pictures. Chairman Amoruso suggested the "hydrant flushing" text be moved closer to the picture or text added to clarify that this is not typical water quality, but the appearance of the water during flushing due to the buildup of iron and manganese. Town Counsel Mangiaratti suggested the hearing be delayed briefly until the arrival of Officer Whiting. r Attorney Edward Casey representing the DeTrolios and Town Counsel Robert Mangiaratti were present, along with Peter and Mary Ann DeTrolio and Melanie Duarte of Rum Runner Wine and Spirits. Town Counsel Mangiaratti presented the Town's report of the alleged violation brought by the Police Department. He noted the alleged violation occurred February 22, 2002 under MGL Chapter 138 Section 69 - no alcoholic beverage shall be served or delivered to an intoxicated person. Chapter 138 Section 64 charges the licensing authority with the ability to modify, suspend, revoke or cancel the license if they find there is a violation. Officer Thomas Whiting testified he has been employed by the Mansfield Police Department just short of nine years. He was doing a routine patrol of the parking lot at 377 Chauncy Street on the stated date and observed the subject driving in, parking, and stumbling as he exited his vehicle. The subject stumbled again on the sidewalk on his way into Rum Runner. Officer Whiting was approached by a female who asked if he had observed the subject walking into the liquor store who noted the subject's condition. He called in another cruiser and watched the door from the cruiser for approximately two minutes and observed the subject speaking to (' someone inside, exit and return to his vehicle. He initiated a motor vehicle stop at this point based on his observations. The subject exited the vehicle on his own Board of Selectmen Minutes of May 1, 2002 4 r accord. which is not a normal action. stumbled as he exited. and threw a nip bottle onto the ground. He noted the subject had a strong odor of alcohol on his breath and was unsteady on his feet. The subject admitted purchasing two nips at Rum Runner. Officer Whiting detailed the tests he administered to the subject, noting the inability to perform the horizontal gaze nystagmus test can be an indication of intoxication. "Walking the line" was performed in a well-lit area and the subject stated he had leg spurs, but that it would not prevent him from performing the test. The subject did not follow the instructions given and was not able to satisfactorily perform the test. Officer Whiting then described the subject's inability to perform the "stand on one leg" test. The "ABC" test was performed up to the letter "D" and the subject slurred the rest. He then attempted unsatisfactorily to perform this test and counting backwards from 76 to 53. During the administration of the field sobriety tests the subject was unsteady on his feet and his speech was slurred. He was arrested for operating under the influence of alcohol and under the influence of drugs. Officer Whiting went into the store with the subject's license and asked the clerk if she had sold him two nips, and she said she had. He also spoke to Mr. and Mrs. DeTrolio who noted having a conversation with the subject and noted his speech was normal. Attorney Casey asked what time the officer came on duty (4:00 p.m. until r midnight). Officer Whiting stated the arrest took 15-20 minutes and the subject was transported to the station. He wrote the report that evening, but did not recall if he made any other arrests that evening. He asked Officer Whiting if he was reading from the Police report and questioned if he has an independent recollection of the events that evening. Attorney Casey then questioned Officer Whiting, asking if he observed anything about the subject's walking when he left the store and about his statement that the subject paused and looked around before entering the store. He noted the subject spent less than five minutes in the store. Attorney Casey asked if a breathalyzer was given or if a blood alcohol was taken. Officer Whiting said the subject refused. The Officer said he has had no further contact with the subject or the DeTrolios since February 23rd. Selectman McCarter questioned Officer Whiting, noting the vehicle in the fire lane and the subsequent moving of the vehicle. Officer Whiting said he was also turning and could not see what the subject was doing when he pulled out and turned. The subject plead guilty to OUI and endangering and was given a suspended sentence. Selectman Wills noted Officer Whiting stated twice that the subject almost hit him, but that was not in the report. Attorney Casey noted the subject did not admit to the facts, but plead. r Peter DeTrolio was called to the stand by Attorney Casey and stated he and his wife have owned Rum Runners for seven years. He stated he devotes 12-14 hours Board of Selectmen Minutes of May 1, 2002 5 r per day to the store and has 14 employees. He stated it was sometime around 7:00 or 7:15 p.m. and he was walking his wife to the door. The subject came in at that time and he was known to Mr. DeTrolio. They met approximately 20 feet into the store and he seemed fine to Mr. DeTrolio. At that time they carried on a running joke and did not notice his speech was slurred or that he was acting in an unusual manner. He then proceeded to the counter and asked the clerk, Melanie Duarte, for two nips. He paid for them, put them in his pocket and returned to speak to the DeTrolios. The subject held the door open for Mrs. DeTrolio as they exited the store. The subject came in a few times each week and typically bought two nips of vodka. Mr. DeTrolio noted he is TIPS trained and stated from his experience and training he has never noted vodka smelling of anything. He has known the subject for fifteen years and has a relationship in which the subject jokingly refers to Mr. DeTrolio as the third richest man in Mansfield. Selectman Donovan asked if Mr. DeTrolio had seen the subject stagger. He stated he did not. They stood speaking and he appeared normal. Mary Ann DeTrolio gave her recollections of the events of February 23rd, noting she was going home for dinner and was carrying a box. The customer was in there and always jokes with her. She stood next to him talking and when she left with r another employee, the subject held the door for her to exit and then went to his car. She did not notice slurred speech, bloodshot eyes, the odor of alcohol on his breath-despite the fact that she was standing right next to him talking. She also did not observe any problem with the subject's gait when he was walking to his car. Melanie Duarte, an employee of Rum Runner Wine and Spirits since December, noted she waits on customers, checks id's and makes sure she does not sell to intoxicated customers. She recounted the conversation that took place with the subject and the DeTrolios and his purchase of two nips of raspberry Smirnoff. She also confirmed the account given by the DeTrolios and noted the subject was not unsteady and had no difficulty reaching into his pocket for his money. On questioning by Attorney Casey, Ms. Duarte testified of the training provided by the DeTrolios and noted she is here of her own accord and under no threat of losing her job. r Attorney Casey noted the difficulty is reconciling two different findings of fact. He stated it is the Selectmen's role to evaluate the credibility of the witnesses, pointing out the officer, who has made more than 100 arrests for operating under the influence, is not clear on the details of the incident without looking at the written police report. He has an incomplete recollection of events otherwise. Both Mr. and Mrs. DeTrolio were present, along with the sales clerk, during the described incident and would not have jeopardized their license if they had any Board of Selectmen Minutes of May 1, 2002 6 r doubts about the subject's sobriety. Attorney Casey noted someone can be influenced by alcohol to the extent that their driving is impaired, but that is not an indication of intoxication. Town Counsel Mangiaratti noted the Selectmen's duty is to find facts and to reconcile the different stories, taking exception to the statement that Officer Whiting is mistaken. He noted the officer's experience and his detailed presentation of the facts concerning his observations which indicated the subject's intoxication and the fact that he was given a 60 day sentence. He suggested that perhaps because the subject was a regular customer who they knew or perhaps because they had an inexperienced clerk, they did not notice the subject's condition. Selectman Donovan asked Officer Whiting if he had seen the subject staggering before he went into the store and questioned why he did not arrest him them. Officer Whiting said he observed him at that point. Selectman Donovan noted he could not hold the clerk responsible for not being able to determine if the subject was intoxicated. Motion: To dismiss the charges (Donovan-Wills) r i Selectman McCarter noted the difference in this case is it was not an establishment in which the subject was drinking the alcohol, providing the owner with an opportunity to observe his behavior, and the owner had only a brief encounter with the subject. He noted the clerk did not have a reasonable opportunity to observe the subject and form an opinion that he was intoxicated. Chairman Amoruso noted he believes the officer and thinks he did the right thing based on what he observed. He also stated he believes the DeTrolios and what they reported. Vote: 5-0 Passes Town Counsel Mangiaratti presented the applicable law for the alleged violation on October 28, 1999 - MGL Chapter 138 Section 64 allowing the illegal gambling - the Commonwealth of Massachusetts Regulations prohibiting illegal gambling of any sort. r Board of Selectmen Minutes of May 1, 2002 7 r- Police Officer William Donnelly was asked to testify about the events that occurred on October 28, 1999. He stated he is employed by the Raynham Police Department and was serving as an undercover officer investigating an allegation of illegal gambling. He described an incident with respect to illegal football cards. He was handed a football betting card, as were Calvin and Peter Chan. He presented a football betting card for the Selectmen's observation. Such football betting cards are illegal. Attorney Charles Mulcahy, representing Tahana, asked if the card presented was the actual card he was given that evening. Attorney Mulcahy asked to look at the football card. Under questioning, Officer Donnelly stated he has bet on illegal football cards both as an individual and as an undercover officer. Attorney Mulcahy noted the card said "not to be sold-for newspaper purposes only." Officer Donnelly said he did not observe any betting, but only the cards being circulated. Attorney Mulcahy noted there was no criminal violation observed at the stated time. Officer Donnelly had given the card to Mr. Chan, but did not recall what he had done with it. A three-minute recess was called to allow Sgt. Robert Martin of the Mansfield Police Department to confer with counsel. ( The meeting reconvened and Officer Donnelly was called back to the podium. Town Counsel Mangiaratti asked if Officer Donnelly had encountered cards such as these throughout his investigation and had placed bets, despite the fact that the cards are not for legal gambling. Officer Donnelly stated upon questioning of Attorney Mulcahy that he did not observe any bets being placed, only the cards being circulated. Town Counsel Mangiaratti noted there are other allegations of gambling being brought before the board next week and noted the Police Department feels the obligation to bring the matter to the attention of the Selectmen as licensing authorities. The Police Department feels that it has done its duty. Motion: To find no proof of the alleged violation and dismiss the charges (Donovan-Wills) 5-0 Passes Attorney Mangiaratti congratulated the Chief on doing his job in bringing the matter to the Selectmen's attention. r Motion: To open the hearing at 9:17 p.m. Board of Selectmen Minutes of May 1, 2002 8 r (Donovan-Wills) 5-0 Pass~s It was noted that Jerry Spiezio of Sterling Manufacturing spoke to the Selectmen earlier in the evening and said he wants to put in a gas line before the road is dug up and repaved. The notice of hearing was read by Clerk McCue. Town Manager D'Agostino noted the implementation of a comprehensive review of utility plans and read the recommendation of those department heads who had reviewed the application and plan and recommended approval of the petition. Motion: To close the public hearing at 9:23 p.m. (Wills-Donovan) 5-0 Passes Motion: To approve the utility petition for West Church Street subject to the coordination with Mr. Spiezio (Wills-Donovan) 5-0 Pass~s r The Town Manager: · Reported we've received the requested response from Attorney Fred Armstrong relative to the Mansfield Music and Arts Society (MMAS) Warrant article. He has agreed to some amendments to the article that would satisfy the concerns of the Town. The idea of limiting the use to Mansfield-based non- profits should be amended to non-profits in general, which defeats the intent of the article. Clerk McCue asked whether the A ttorney Generals Office could conceivably amend the by-law if it is voted as is. Town Manager D'Agostino wi/I check with Town Counsel. Chairman Amoruso asked if we've received recommendations for Capital Improvements. They wi/I be provided with the recommendation prior to Town Meeting. · He and Lincoln Lynch presented the Town and School budgets last night to approximately ten residents. Questions were asked and some concern was expressed about the amount of overtime paid out to employees. We plan to provide further explanation regarding this matter, as much of the overtime money reported in the Annual Town Report is offset by revenue received outside of the budget. With respect to DPW, there is a $30,000 commitment for standard operations. Town Meeting approved many special projects that r also carry a contingency for overtime for those projects done in-house rather than contracting them out at prevailing wages. Examples of these situations will Board of Selectmen Minutes of May 1, 2002 9 (' be presented. Selectman Wills noted the need to do some work on Saturdays, such as trees being cut in a parking lot that is filled with cars during the work week He also noted work being done in the Industrial Park on Saturday when businesses are not open because power has to be interrupted to perform the work. He noted that in most cases work that can be contMcted out at a savings is contracted out. . As the result of an inquiry from Bill Gerber questioning the number of AT&T Broadband subscribers reported as of December ¡st, we have learned they paid the Town and the State less than the required amount. An additional check will be sent. · A May breakfast will be held at Village at Willow Crossing · Town Meeting will be held May 6th at 7:00 p.m. with the Special at 8:00 p.m. · Thursday, May 9t\ the town will host the Water Day Luncheon at the Holiday Inn of Mansfield. He congratulated the Water Department employees for their dedication in maintaining a good quality water system. · The Mahana and Morrison Well Dedication is scheduled for May 11th at 10:00 ~ a.m. · The Board is invited to the luncheon on Water Day · Kelli Baker will host the next meeting of the Sister Cities on May 16th. We're also scheduled to go on Dianne Royle's show to discuss events planned. · May 24th the seniors are hosting a volunteer appreciation luncheon at 11:30 a.m. Selectmen desiring to attend should let us know. · Discussed the presentation given last night and gave the Board a sense of where we're going in discussing the details of the budget. A revenue budget comparison is also being presented. Jack O'Neill will be asked about the ability to televise the slides shown on the screen for the Power Point presentation. · May 27th is the Memorial Day Parade in Mansfield. /'"' Board of Selectmen Minutes of May 1, 2002 10 r , Selectman Donovan: · Asked what has been done about the complaint of odor at the sludge composting facility. We've added some odor control devices and are monitoring the situation. Were in the active season now, with more turning over of the material. Lou Andrews has noted that there has been no reoccurrence of the problem since his complaint. · Asked the status of the Airport project (were 90% complete and it's being reviewed by the Airport Commission. The committee should be hearing from the Airport Commission soon.) · Asked about the new track (is scheduled to be paved in the next couple of weeks) · Asked that we make sure we get the letter authorizing Frank Foss to negotiation on behalf of ComCast. Selectman McCue: · Asked about the status of a waiver we requested regarding the Route 106 r underpass that will result in a $2 million cost savings. He stated apparently MassHighway is waiting for input from our contractor. Town Manager D'Agostino w/Ï/ check on the status of the underpass repair project. Selectman Wills: · Asked when DPW will get to trimming the embankment at St. Mary's cemetery. Mark Cook has been notified and it will be done as soon as they can fit it in. Selectman McCarter: · Asked about the term of the Planning Board appointment for Mr. Jenkins. Motion: To appoint Walter Jenkins to a term expiring January 1, 2007 with Mr. Jenkins being sworn in for the extended term. (Wills-McCue) 4-1 with Selectman Donovan opposed · Asked if the Tremont Street situation will be on the agenda at the Regional Sewer meeting. They have been requested to come up with a solution by the end of the month. The Regional Meeting is scheduled for May 23rd at 7:30 p.m. in Mansfield. Chairman Amoruso: ,~ Board of Selectmen Minutes of May 1, 2002 11 r · Has spoken with Rep. Louis Kafka and he's waiting for an invitation to attend our meeting on May 22nd at 7:30 p.m. Selectmen McCarter: · Noted there are services we use on an extensive basis, but appear to be spread throughout many vendors. He questioned if it would be worthwhile to put out an RFP to get better prices. Were now all using Nextel phones, with the exception of some singular lines that have been established for monitoring the SCADA system. · Thanked the Town Manager for the DPW update Selectman Wills: · Read from the Elks newsletter, announcing the dates for the Elks' Annual Carnival and congratulating the Town Manager on the Distinguished Citizenship Award he received from the Elks. r Selectman McCue: · Has contacted Bridgewater State College's Institute of Regional Development and is investigating the possibility of developing a relationship with them to do some grant writing for us. · Spoke of "The Livable Communities Act" noting there is earmarked $17.8 million that might possibly be a source of seed money for Shaun Burke and his Local Housing Partnership. Selectman Donovan: · Southeastern Regional School concerns: spoke of a program to get the students points for work done; noted Superintendent Jim Hagar will be at Town Meeting at which time residents can come down and ask him any questions. Chairman Amoruso: · Town Meeting coming up has been scheduled on Monday and Tuesday nights because Town Elections are the following Tuesday, May 14th. He urged voters to make themselves familiar with the candidates r Board of Selectmen Minutes of May 1, 2002 12 r r r Motion: To adjourn at 10:15 p.m. (McCarter-Donovan) 5-0 Passes ,Akf)Jj{/ ~ Signature of Clerk 6/Jv1 Y dJœ Date of Approval Board of Selectmen Minutes of May 1, 2002 13