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HomeMy WebLinkAboutmin brd of selectmen 07/28/04 . . Present: F<ECEI VEl 1 (", r-PIlS 0 F .. ., ~-l , ¡ \ Fie E 04 AUG I 2 A~1 9: 07 NANSFIELD MASSACHUSETTS Chairman Steven W. MacCaffrie; Vice Chairman Roger S. Achille; Clerk Bernard J. Dolan; Selectmen Louis P. Amoruso and Michael W. McCue DPW Director Lee M. Azinheira serving as Acting Town Manager during the vacation of Town Manager John O. D' Agostino Board of Selectmen Minutes of July 28, 2004 r The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the flag. · Warrant No. 04 in the amount of$1,374,459.68 Motion: To approve and sign (Achille-Amoruso) 5-0 Passes r · Warrant No. 05 in the amount of $2,820,607.54 Motion: To approve and sign (Achille-Amoruso) 5-0 with Chairman MacCaffrie abstaining on Voucher 117198 Passes · Minutes of July 14, 2004 Motion: To approve as amended and sign (Achille-Amoruso) 5-0 Passes · Executive Session Minutes of July 14,2004 Motion: To approve and sign, but not release (McCue-Dolan) 5-0 Passes · Common Victualler License - Mangia Bene, 20 South Main Street - reviewed and approved by all appropriate departments Motion: To grant (Achille-Amoruso) 5-0 Passes ( · Drainlayers Licenses - all have been recommended for approval by Town Engineer John Sullivan and there are no outstanding payments for details Tim Mello Excavating, 46 North Worcester St., Norton Motion: To approve (Amoruso-Achille) 5-0 Passes Board of Selectmen Minutes of July 28, 2004 1 . , r MacNeil Construction, 129 Auburn St., Whitman Motion: To approve (Achille-Dolan) 5-0 Passes SL T Construction, 169 Camelot Drive, Plymouth Motion: To approve (Achille-Amoruso) 5-0 Passes Patsy Cavalieri & Son, Inc., 279 Elm St., North Attleboro Motion: To approve (Achille-Amoruso) 5-0 Passes Plainville Pump & Excavating, Inc., 77 School St., Plainville Motion: To approve (Achille-Dolan) 5-0 Passes Brunelle Contracting Co., 52 Gilbert St., Mansfield Motion: To approve (Achille-Amoruso) 5-0 Passes Dejonco Construction Corp., 500 School St., Mansfield Motion: To approve (Achille-Amoruso) 5-0 Passes Roy DeGirolamo, 158 Gilbert St., Mansfield Motion: To approve (Achille-Amoruso) 5-0 Passes r Town Manae:er and Staff · Memorandum from Community Development Program Manager Beverly Estes- Smargiassi asking for approval of a request for subordination of the Town's secured lien in the amount of $8,575 for a client participating in the Housing Rehabilitation Program, which will allow them to refinance their property Motion: To approve (Amoruso-McCue) 5-0 Passes · Settlement agreement of Stephen Quinn v. Town of Mansfield, et al. for signature Motion: To sign (Amoruso-Dolan) 5-0 Passes · Memoranda from Town Engineer John Sullivan clarifying approval of drainlayer's and other licenses with respect to outstanding obligations owed the Town r · Letter from Police Chief Arthur M. O'Neill reporting a curfew violation of four (4) minutes at the July 17th Kiss/Poison concert at the Tweeter Center for the Performing Arts Motion: To send a letter to Bruce Montgomery inviting him to pay the appropriate fine or to come in and discuss the matter. Board of Selectmen Minutes of July 28, 2004 2 , , r (McCue-Amoruso) 5-0 Passes . Resignation of Bob Bean from Conservation Commission due to being assigned out of state for the next several months in conjunction with his military duties Motion: To accept the resignation with regret and thanks (Amoruso-Dolan) 5-0 Passes Selectman McCue noted his dismay at losing Bob's services and spoke about the spirit of volunteerism he has displayed in many areas of town. He further noted it was Bob Bean who initiated the new flagpole at the East Mansfield Common. Chairman MacCaffrie offered him his praise as a veteran and wished him well and safety· Stephen W. Cummings of 40 Smiley Avenue was present at the invitation of the Board of Selectmen to discuss his interest in serving as a Conservation Constable. r Mr. Cummings noted the Police Chief explained the duties of a constable and noted his interest in serving as a conservation constable would be to prevent erosion and illegal trespass. He is personally interested in conservation issues. Chairman MacCaffrie asked him his opinion of dogs running loose in conservation areas. It is not allowed as far as he knows. He also asked if he attends Town Meeting. He used to attend all, but has fallen away from doing so in recent years. He does pay close attention to what is happening in town however. Selectman Amoruso asked how he expects to be able to enforce motorized vehicular use. This was discussed with the Chief, who is interested in accurate reporting of violations rather than enforcement. Selectman Achille thanked him for his interest and for reaching out to the Police Chief for guidance. Motion: To appoint Mr. Cummings as a conservation constable. (Achille-Amoruso) 5-0 Passes r Request for transfer of 30,000 gallons from their 250,000 gallon allocation of the Kraska!Fleet property. Norton has been allocated a total of 500,000 gallons for various purposes. They have a "friendly" 40B going in at the end of Noonan Street. Selectman Achille asked if there is any negative impact or cost to the town. DPW Director Azinheira said he is comfortable that there is sufficient flow. Motion: To approve (Achille-McCue) Selectman Amoruso noted that we are approving allowing Norton to make the re- allocation and they are not taking it from an area of critical needs. Vote: 5-0 Passes Mr. Azinheira will notifY the Norton Board of Selectmen and Water Commissioners of the vote. Board of Selectmen Minutes of July 28, 2004 3 , .. r The notice of public hearing, as it appeared in The Sun Chronicle on July 14, 2004, was read into the record. Motion: To open the public hearing at 8:00 p.m. (Achille-Amoruso) 5-0 Passes Electrical Engineer Ann Langille of the Mansfield Municipal Electric Department presented the plan, noting it is one of their simpler projects. They need to get into Old Colony Way for the extension of the primary service and will be keeping it underground to get to the building at North Main and West Cottage Streets. In doing so they will attempt to clean up the area with the removal of some additional overhead lines. Line Foreman Gary D' Ambra noted all departments have reviewed this and the DPW Director has given his approval Motion: To close the public hearing at 8:03 p.m. (McCue-Achille) 5-0 Passes Motion: To grant the conduit location (Achille-McCue) 5-0 Passes r r"" Town Counsel has ruled that the vote of the Alcoholic Beverage Control Commission (ABCC) must be accepted or appealed, which will cost the Town money. He suggested it would not be prudent to appeal it, but also suggested that our policy be reviewed and tightened up to prevent a similar situation in the future. Selectman McCue is obtaining regulations from other municipalities through the Massachusetts Municipal Association. Town Counsel has advised that action be taken on the recommendation, with definite dates established, notwithstanding how it was voted on at the time of the hearing. Motion: To impose a two week suspension, with the second week held for a year and kept in abeyance unless there is a further violation, and that the suspension be in effect from 12:01 a.m. November 22,2004, to 11 :59 p.m. on November 28,2004. (Amoruso-Achille for discussion) Selectman Achille questioned why the suspension is being delayed rather than being imposed now, suggesting it may set a precedent and allow additional violations. Selectman Amoruso noted the suspension would have been Christmas/New Years and was abrogated during the appeal process. Rather than wait until that time next year and because it would have been over a holiday period, he suggested these dates. Selectman Achille suggested that the penalty be served immediately so as to not set a precedent of delayed suspensions. Amendment: To commence the one week suspension August 25,2004 at 12:01 a.m. (Achille-Dolan) Board of Selectmen Minutes of July 28, 2004 4 r Selectman Amoruso suggested this would establish a precedent of delaying a suspension to a time when it might be more convenient and/or less detrimental. He said he is looking for a similar penalty that would have the same impact as the time the infraction occurred and the suspension would have been served. He believes this motion sends a message that the penalty can be negotiated. Vote on Amended Motion: 2-3 with Achille and Dolan in favor; McCue, Amoruso and MacCaffrie opposed Fails Vote on original motion: 5-0 Passes Selectman McCue noted he would have preferred the 14 days, but does not want to cost the Town money appealing it. The notice of public hearing, as it appeared in The Sun Chronicle on July 14, 2004, was read into the record. Motion: To open the public hearing at 8:15 p.m. (Amoruso-McCue) 5-0 Passes r No representative of Verizon was present. Line Foreman Gary D' Ambra explained the work to be done, which is in the interest of Mansfield residents. Motion: To close the public hearing at 8:18 p.m. (Achille-Dolan) 5-0 Passes Motion: To grant the pole location (McCue-Amoruso) 5-0 Passes Selectman Amoruso noted we normally have an application for a Common Victualler license requested and approved prior to considering an application for an alcohol license and suggested they would be glad to hear the presentation, but believes approval of the license should be delayed. The notice of public hearing, as it appeared in The Sun Chronicle on July 14, 2004, was read into the record. Motion: To open the public hearing at 8:00 p.m. (McCue-Amoruso) 5-0 Passes r" Attorney John Kesler of Burns & Levinson, LLP, 125 Summer Street, Boston, was in attendance to present the petition of Trifecta Entertainment, Inc. doing business as Board of Selectmen Minutes of July 28, 2004 5 r-- Trifecta Sports Bar for a Wine and Malt Restaurant License at 31 Oxford Road. Bruce Seich was named as the manager of record and is TIPS certified. He introduced Dana Barros, owner. Attorney Kesler explained that the name, "Trifecta" is all about 3- pointers in conjunction with Mr. Barros basketball career. Attorney Kesler indicated the application is for restaurant alcohol license and this would be a subordinate use as to what is going on in the rest of the building. It is currently being used as a warehouse and was formerly used as a tennis club. The new primary use will be a recreation facility with various sports. The restaurant is limited to the second floor of the building and they are adapting the layout to the existing building. It will also be the new home of the Dana Barros Basketball Camps, which develop values and successful skills. Attorney Kesler reviewed the plan of the facility with the Selectmen. It will be family-oriented with the primary emphasis as a restaurant rather than a bar. They will be serving mainly pre-packaged food. There will be TV screens, as usually found in a sports bar. The liquor use area will not be age discriminatory but is physically separate enough not to attract underage patrons. r Mr. Barros has been doing this for fourteen years. His mother is the general manager and it is a family facility with leagues. They like to be able to provide all the amenities to their clientele. Hours of operation were noted as: weight room 5-6 am to 10-11 p.m.; Adult leagues in the evening-basketball, softball leagues after 8 or 9 p.m.-staying open until 11-12. There may be tournaments that will run late and they would like to operate until 1 a. m. The sports complex will be Dana Barros Sports Complex. Some space will be leased, but only to people who are credible and of a professional nature. There will be movable bleachers to allow for spectators and a flexible setup. Pre-cooked chicken, pasta and such will be warmed up and sauce added. Sandwiches will also be served, along with "healthy" food. The restaurant area is 989 sq.ft. Mr. Barros noted the security measures they take to protect children. There will also be a snack bar on the main level with soda, pretzels, etc. for the children, separate from the bar area. Mr. Barros is leasing the building and hoping to purchase it at a later date. Motion: To close the public hearing at 8:47 p.m. (Achille-McCue) 5-0 Passes Motion: To approve the license pursuant to the successful application and approval of common victualler license. (Amoruso-Achille) 5-0 Passes r- Tom Stevens of the Industrial Development Commission were present to update the Selectmen on their activities. He noted there has been a significant amount of change in the last 6-9 months. There had been a lot of inactivity prior to that time. They've made a decent amount of progress in increasing the business tax base. Selectman McCue noted Board of Selectmen Minutes of July 28, 2004 6 r the ¡DC is appointed by the Town Manager and asked Mr. Stevens to speak to the qualifications of the members. Tom Flanagan is an Assistant District Attorney; Jay Barrows owns an insurance agency; Alan Clapp is a construction consultant. He is in banking; and he believes Charles Reagen is in technology/engineering; Mr. Stevens reported that several months ago the board nominated him to be involved in the TIF Committee. They hope to set up an information center at the TPC event in the fall. They considered advertising nationally, but the costs were prohibitive. They're now targeting the Boston area. He would like to get a summer intern to create a snapshot of the Town to be used in their marketing efforts. They're in the process of compiling a list of available sites and identifying potential uses for them. They've been meeting about once a month. (' Selectman Achille asked if they've met as a Board with any prospective employers. Mr. Stevens noted prospective businesses generally contact the Town Manager, who solicits participation by the IDC at meetings with prospective businesses. He senses the need for a better marketing plan. Selectman McCue acknowledged that members of the ¡DC all have jobs at which they're working during the day, which makes it difficult for them to attend these meetings. Some members are local and are able to do so. Selectman Amoruso noted that with respect to the industrial parks, companies frequently hire a management company that handles multiple properties within the parks. Selectman McCue noted the Board is very interested in what they're doing to bring business to Mansfield and appreciate their efforts in doing so. Mr. Stevens suggested the TIF program will make Mansfield more desirable. r Mr. Azinheira advised the Board that WWTP Manager Ken Hackett and Engineer John Donovan from CDM are present to discuss the issues. Chairman MacCaffrie noted the background information was only received on Monday and he hasn't had sufficient time to review all the information that was prepared and presented. He noted his difficulty with some items within the Agreement with respect to equipment, believing the contractor should be providing these items as part of their fee. Chairman McCue asked if a presentation could be made to summarize this for the Board Mr. Azinheira noted it is the start of the electrical improvements to be made in the $1.2 million capital item and the contract goes all the way to construction services. He proposed an engineering and design contract. He and Mr. Hackett are continuing to review the Agreement and he asked Mr. Donovan to come in. Selectman Achille asked if this is time-sensitive and ifit can be held until the next meeting. Chairman MacCaffrie noted it is a competitive market right now and he has a problem approving the dollar amount without having anything to compare it to. He objected to a "report" that will cost $16,OOO-which is one-third the cost of what the contract will be. He believes the $98,000 will be a worthwhile expenditure, but believes we should have another bid to compare it to. Mr. Azinheira noted they did not seek proposals on this project because they had a short time-line to work with. Selectman Achille asked if there is a policy in place to ensure that we're Board of Selectmen Minutes of July 28, 2004 7 r r receiving competitive bids on contracts that do not require them. Mr. Azinheira noted the proposals are evaluated by him and others when appropriate. There are also times when the work done has not necessitated payment of the full contract amount. There is a policy that determines when a project must go out to bid. Chairman MacCaffrie referenced the information from the MBC with change orders on a couple of projects. He noted his fears about complacency setting in. Mr. Azinheira suggested we are going in the direction they've been directed to and stated his willingness to comply with a policy change to put everything out to bid if that is the Board's desire. Chairman MacCaffrie referred to the "Change Orders" portion of the contract. Mr. Azinheira noted he will be on vacation when the Board next meets and he would like to get this project started as soon as possible. Chairman MacCaffrie objected to the amount we're giving CDM for change orders in addition to agreeing to provide equipment, rather than working with a fixed amount. Selectman Amoruso asked if the Board is being asked to approve the contract. Mr. Azinheira noted it was given to them for their review, but does not need their approval. The first part is the exhibit, the modifications are shown on the second part. This is a contract for them to design the electrical part of the WWTP and we're paying them an additional $16,000 to do all the paperwork with the State. Another meeting will take place at the 25% design state. Right now he wants to enter a contract for $98,000. It was discussed with the Town Manger prior to his leaving on vacation. Chairman MacCaffrie indicated he would vote "no" with the 30% in it. Mr. Azinheira said he would take it out. If we're continuing to enter contacts with 30%, we should be putting them out to bid (RFP) from qualified contractors as a two-part package, e with price in one and qualifications in the other. A change order on the chlorine contract was also discussed. It is a $555,000 appropriation and the contracts came in low for a total of $288,755. An addendum was done for $36,000 - initiated by Ken Hackett - and we'll be finishing within the budgeted amount. It would have cost more if it were done at a different time. r George Dentino, Gladiola Terrace - spoke about the concerns over the contract and noted CDM originally designed that plant. He asked if the fault was a design fault or an equipment fault. The reports are going back and forth with the Municipal Building Committee (MBC), whose chairman works for CDM. He asked if that is not a conflict of interest. Not if he excuses himself from participation. Mr. Azinheira noted the chairman has been involved in a different project. He does not attend the MBC meetings when this project is being discussed. The MBC has nothing to do with the sewer treatment plant. This is not a building project and there is no conflict. Mr. Dentino then noted he likes the Trifecta plan for which a license was voted earlier, but questioned the "healthy" menu of beer, wine and pasta. He then asked for an update on prior questions - if all town contracts negotiated between 2 ~% to 4 ~%, how did the budget for personal services increase by 6.5%. He was advised that line item also includes retroactive increases and step raises. Mr. Dentino said he would like to see the backup for that. He next asked about the Veterans Agent position, noting it was made a full-time position and the Board of Selectmen Minutes of July 28, 2004 8 r numbers don't justify a full-time position. He suggested starting it at 19 hours and increasing it if necessary. He was advised that the number of residents mandate that it be full-time. The veterans also strongly indicated that they did not want a regional agent. His next topic was the artificial turf field done at a cost of $950,000. $320,000 was to be paid by the Town, $630,000 was to come from State--and has yet to arrive. He asked where the Town got the $360,000 to offset the cost. It was a "bond float " - the same as a mortgage. The State reimbursement includes interest. Peter De Trolio, Elm Street - heard the Selectmen say they're "re-examining" the suspension issues for a liquor license. He asked if they would be taking input from license holders and noted it's a "war" out there with kids today being able to reproduce licenses so good that the police cannot detect them. If a retailer makes a mistake the under-aged individual or the intoxicant seldom gets punished, but the license holder does. Selectman Amoruso noted the point is well-taken. We have not had many "fake" ID cases. Acting Town Manager and DPW Director Lee M. Azinheira: r . Requested some workshops be scheduled on the Comprehensive Wastewater Management Plan. He said he is looking for a workshop with the Board of Selectmen, followed by workshop with Board of Selectmen and the public, then a workshop with the public. The first workshop with the Board of Selectmen and Staffwas set for Thursday, September 30'h. October 7th was set for the second one with the Board and the public. October 2sth was set for third one with the Selectmen of Mansfield, Foxboro and Norton and the Town Manager or Town Administrator of each of the three towns along with the water/sewer commissioners. A draft agenda will be prepared ahead of time. Selectman Achille: · Reported that last Thursday he and Lou Amoruso attended a public hearing looking for input for possible uses for the Hatheway Patterson site. Light manufacturing with them funding cleanup was suggested. Selectman Dolan: · Reported a good turnout at the meeting with the Veterans. The outcome was they want their own Veterans Agent and are not interested in it being made a regional position. r Board of Selectmen Minutes of July 28, 2004 9 (' Selectman McCue: . Asked if we can look at the ability of putting a calendar of upcoming events on-line. Selectman MacCaffrie: · In reviewing the Town By-Laws and Charter he noted that for dog hearings it reads enforcement shall be done by those agencies designated by the Board of Selectmen. He asked if the Selectmen would like to consider at some point designating someone other than themselves to conduct dog hearings. He reported there is also a provision for a building code board of appeals if someone doesn't like the decision of the building inspector. If there is a conflict they go to the State to appeal it. He suggested we can designate the MBC to be the building code board of appeals or take it out of the charter. It was suggested we take it out at next Annual Town Meeting. · Town Counsel Mangiaratti has suggested a date be set to look at the liquor violation policy. · Find out whether or not, since we have policy about revoking licenses, Uno's license should be revoked. r · Set calendar date for the Veterans Agent review - August 6th is application deadline. · On Mill Street, which is a scenic way, a tree taken down without a hearing being held. He asked where the authority comes from to allow them to do that, noting we had the same issue with Jewell Street when Lenny Flynn was here. He read the scenic road by-law with the definition of "tree" being specified and asked that this does not happen again in the future without the required public hearing. · The old Clemmey Tank Company has been re-appropriated by the Clemmeys. The building is coming down and the property is being cleaned up. Motion: To adjourn at 10:36 p.m. (McCue) 5-0 Passes ~ /'// "" O¡}-Á ~ 0gnature C rk <t; ~))-~LI Date of Approval r Board of Selectmen Minutes of July 28, 2004 10