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HomeMy WebLinkAboutmin brd of selectmen 03/13/02 nt' (If': I\P:D '\LIJLI ,,\,. .. Cr" ,~i ~ \" r: l~ F \ ! 'r.., r Board of Selectmen Minutes of March 13, 2002 ""-'I~'~R21 ~¡'i 9:44 u¿ "¡~f"\\ ,.' '¡' I', ~,./ !II, f~~ (~, l\ \ ~ ¡<'t, ~....¡ '- I' .. \ ì'J : ! '~_.~ t_ i, '1\ \:~EiTS . 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 7:00 p.m., followed by the Pledge of Allegiance to the Flag. Present from the Police Department were Chief Arthur M. O'Neill, Sgt. Robert Martin, and Lt. George Figueredo. They reported on the undercover investigation conducted at three local establishments - the Regent, Geno's, and Tahana - that resulted in arrests and convictions. (' The Chief noted the report is being taken after an arduous Court proceeding. He requested the Board go into Executive Session as it involves personnel matters. Chairman Amoruso asked if there was any criminal investigation ongoing. The Chief said there is one individual who has not yet gone to Court. Selectman McCarter noted he didn't see anything in the report that would warrant an Executive Session. Discussion continued as to the need and legality of an Executive Session. Selectman McCarter noted if an individual is being discussed, they must be notified 48 hours in advance. Chairman Amoruso cited an opinion received from Town Counsel Robert Mangiaratti stating it would be appropriate. Selectman McCarter stated he has thought about it and cannot come to the conclusion that it is an Executive Session matter. Motion: To go into Executive Session for the purpose of discussing the reputation and character of individuals because Town Counsel said it's legal and the Chief is requesting it. (Wills-McCue) 3-2 (Donovan and McCarter opposed) Passes The Open Session reconvened at 7:35 p.m. Sgt. Martin reported why the Police Department would like to forward the alcohol r violations to the Alcoholic Beverages Control Commission (ABCC). He stated the Board of Selectmen are the triers of fact concerning alcohol violations and must Board of Selectmen Minutes of March 13,2002 1 r remain a neutral body in an adversarial hearing. One of the defendants was an appointed official and later became an elected official, has a reputation for unlawful gaming in the community, and is well-liked in the community. Board members could be placed in the position of being potential witnesses to the violations. He noted many of the people he was friendly with and liked, but stated he has an obligation as a police officer. In one case Chief O'Neill has a family relationship with one of the establishments and has not participated in the investigation. The ABCC is a disinterested magistrate. Unlawful gaming can become more complicated and the ABCC has more experience in dealing with gaming violations. They've conducted the criminal investigation and in conjunction with the Attorney General's office prosecuted the cases. Because there's a public official involved, they would like to keep the perception of it being non-political. Selectman McCue stated he would like more time to absorb this and Selectman Donovan will not be here for the next couple of weeks. The Police Department has stated they would be willing to allow them that opportunity. Motion: To consider the decision when Selectman Donovan returns from vacation. (McCue-Donovan) Selectman Wills said he thinks we should move forward. Selectman McCarter said it's being made far more complicated than it is and he sees no ethical problem with r the Board of Selectmen handling the matter and believes they would be shirking their responsibility if they don't. Selectman McCue said he could see the merits in both approaches and would like to think about it a bit more. Selectman McCarter noted the ABCC does their own investigation and the local investigation has been concluded locally. It should therefore be heard locally. He noted his concern that with the ABCC, a deal can be struck to pay a fine rather than face suspension or revocation. On an appeal of a suspension given by the local licensing authority, the licensee does not have the option to ask for a fine in lieu of a suspension. Sgt. Martin noted the ABCC would base the fine on the number of days of lost revenue based on the business records for the number of days the license would be suspended. Selectman McCarter noted he disagrees with that process. Vote on Motion: 3-2 with McCarter and Wills opposed Motion: To hold a hearing on the three allegations at this level. (McCarter-Donovan) Ruled out of order ;- ! Motion: To suspend the Selectmen's meeting at 7:52 p.m. and go into the Light Commissioners business portion, returning to Selectmen's business at its conclusion. (Wills-McCarter) 5-0 Passes Board of Selectmen Minutes of March 13, 2002 2 { The Selectmen's meeting reconvened at 9:35 p.m. DPW Director Lee Azinheira and Bob Chapell of Woodard & Curran were present to update the water treatment plant discussion of a prior meeting. Cost of construction was estimated at $180 per square foot for the office space and $120 per square foot for the garage. A tentative schedule was presented if the Board were to support the project. Numbers were requested for the various alternatives presented previously. Two weeks ago in discussing the treatment plant the State Revolving Fund (SRF) was discussed. DPW Director Azinheira said they do not feel comfortable that they would be able to get everything approved and in order in time to apply. If Town Meeting were to support it, that would help us to get funding applications in for the October 15th cut-off date.. Project construction would begin in March or April of 2204, with completion in May of 2005. Town Manager D'Agostino suggested that if we don't get approval at Town Meeting, he would not recommend applying for grant funding. Chairman Amoruso suggested rejection might come as the result of economic concerns and not necessarily because people think the water treatment plant is not necessary. r Design funding is excluded from the SRF and would be done ahead of time. If we don't have prior approval of Town Meeting, we run into timeline problems in meeting the October 15th cut-off date. Chairman Amoruso noted the majority of the money would not be spent until 2004-2005. Although we can't project what will happen in the future, we should be past the major crunch we're now facing. Town Manager D'Agostino noted this is an enterprise account and is not necessarily affected by some of these issues. The first fiscal year debt service would be reflected is 2006. The interest rate would be 2 percent and we would not begin payments until then. ;- Various wells and their pumping rates were discussed. Selectmen McCarter said he would support one of the proposals, but he's not sure at this point which one. Town Manager D'Agostino noted we're one community and good quality water should be available throughout it. It's a system-wide benefit to have water throughout town with reduced iron and manganese. Projected rates for the various proposals will be available for Town Meeting. DPW Director Azinheira noted having more time generally results in fewer mistakes being made and a project being done in a more cost-effective manner. He noted he has to go before CIP next Tuesday and is looking for direction as to how the Board wishes to move. Motion: To support Alternative No.1 - Water Treatment Facility for Wells 7, 8 & 9 with office and garage. Board of Selectmen Minutes of March 13, 2002 3 r (McCarter-Wills) 4-1 (McCue opposed only because he does not have all the information he feels he needs to make a decision) Passes Selectman McCue stated he is not ready to make a decision on the issue. Chairman Amoruso said he is interested in hearing from CIP, but would support Alternative 1. · Warrant No. 38 in the amount of $3,552,762.98 Motion: To approve and sign (McCarter-Donovan) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of March 6, 2002 Selectmen's Meeting Motion : To approve (McCue-Donovan) 4-0-1 with Selectman Wills abstaining because he was not present for that meeting Passes r · One Day Beer and Wine License for Tri- Town Chamber of Commerce Taste of Tri- Town Food Festival to be held Tuesday, April 2,2002 from 5:00 p.m. to 8:00 p.m. at the Holiday Inn Mansfield Motion : To approve (Wills-Donovan) 5-0 Passes · Drainlayer Licenses: o Guerrini Landscape, Inc. of 703 East Street, Mansfield o P. Beatty Excavation, Inc. of 50 Potash Road, Mansfield Motion: To approve the drainlayer license of Guerrini Landscape (Donovan-Wills) 5-0 Passes Motion: To approve the drainlayer license of P. Beatty Excavation, Inc. (Wills-Donovan) 5-0 Passes · Hackney Driver Licenses Motion: To approve the hackney driver license of Charles Dailey (Donovan-McCarter) 5-0 Passes Motion: To approve the hackney driver license of Terri Wood r (McCarter- Wills) 5-0 Passes Motion: To approve the hackney driver license of Janeth Witt Board of Selectmen Minutes of March 13, 2002 4 r (McCue-Wills) 5-0 Passes Motion: To deny the hackney driver license of Stephen Coit (Wills-McCue) 5-0 Passes · Application from Mansfield Little League to hold their annual parade on Saturday, April 20th, from 11:00 a.m. to 12:30 p.m. along the route outlined. (Approved by Police Chief and Fire Department) Motion : To approve (Wills-Donovan) 5-0 Passes · Letter from Brendan Fay, President of Citizens Scholarship Foundation of Mansfield, requesting permission to erect two 4' x 6' signs - one each on the North and South Commons, for approximately two months Motion: To approve subject to coordination of positioning under the direction of DPW (Donovan- Wills) 5-0 Passes r The Town Manager reported: · The Elks are sponsoring a Senior Appreciation Breakfast this Saturday to thank them for their contributions to the community. Kevin Doyle is coordinating the event and Selectmen are invited. · The Town held a meeting last Friday with Congressman Barney Frank regarding the Route 106 underpass. We are seeking funding of approximately $11.6 million at this time and are looking towards a follow-up meeting. The over-all tenor of the meeting with Congressman Frank, Representatives Poirier and Coppola, and Senator Sprague was positive. Congressman Frank testified today before the House Transportation Committee and he is attempting to obtain over $1 million. We are also seeking funding on a regional TIP for the resurfacing of Route 106. Roland Hebert of SRPEDD does not believe that the Route 106 project is a significant regional issue. We feel it is very significant and will be urging SRPEDD to include it in the next round of funding. With the help of Selectman McCue we will be working to get this funding. There is the possibility that we'll r have all three town bridges under construction at the same time. The design and construction of the bridges were discussed, with questions being raised as Board of Selectmen Minutes of March 13,2002 5 r to the materials to be used and the aesthetics of the designs. The high quality of the bridge in Sharon was mentioned, and the Town Manager was asked to contact Sharon to find out what steps they took to get an aesthetically pleasing bridge. . Next month he has a scheduling conflict and may not be able to attend the Selectmen's meeting April 3rd. He and his wife had concert tickets that were quite costly and the concert was scheduled for a Friday night and subsequently cancelled and rescheduled for a Wednesday. Check to see when the next regional cable meeting is scheduled . We have received notification of $190,270 in Chapter 90 funds and he is ready to sign the contract if the Board approves. This money represents only a portion of what we've received in previous years. If the funding cycle continues as projected, next year we should be back up to the funding level received five years ago. The scope of services was read as to what the funds can be used for. Motion: To authorize the Town Manager to sign the contract (McCarter-Donovan) 5-0 Passes r Selectman McCue: - Noted there has been recent discussion about affordable housing and asked if we've come to any conclusion as to the disposition of the old St. Mary's Church. It's privately owned and will be used as a multi-faml1y dwelling. The Town Manager noted that does not preclude that if a Local Housing Partnership is formed, the members could approach the owner to offer affordable housing options. - The question was raised at CIP about the painting of the Roland Green School. He asked about the possibility of approaching the Bristol County Sheriff regarding having prisoners do the work. Selectman McCarter noted the Board previously voted not to have chain gangs brought into town, but that does not preclude us from investigating other prisoner work programs. Sheriff Hodgson would be wl1ling to come in and talk to the Board about what can be done and the Town Manager was asked to explore it. Selectman Wills: - Noted when he was watching from home last week that Selectman McCarter r asked about the percentage of workmen's comp claims the Town has and how it compares with other towns. Town Manager D'Agostino stated that we moved to Board of Selectmen Minutes of March 13, 2002 6 r r ,r a self-insured program instead of a premium-based program. Were self- funded and our costs have dropped significantly. Motion: To adjourn at 11:00 p.m. (Donovan-Wills) 5-0 Passes h,wI(¡Á . Signature of Clerk /9Ø/l O~ Date of Approval Board of Selectmen Minutes of March 13, 2002 7