HomeMy WebLinkAboutmin brd of selectmen 07/28/04
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Present:
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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
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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
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· 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
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· 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
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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
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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
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· 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
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(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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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
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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:
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. 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.
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Board of Selectmen Minutes of July 28, 2004
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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.
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· 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
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Date of Approval
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Board of Selectmen Minutes of July 28, 2004
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