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HomeMy WebLinkAboutmin brd of selectmen 07/14/04 ji~ECE\YEI c·rf.1tt3 OFFICE Present: ¡~¡A¡"bF iELD MASSACHUSETTS Steven W. MacCaffrie, Chairman; Vice Chairman Roger S. Achille, Clerk; Bernard J. Dolan; Selectmen Louis P. Amoruso and Michael W. McCue. Town Manager John O. D' Agostino Board of Selectmen Minutes of July 14,2004 04 JUl 29 M1 9: I 5 r-- The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. The meeting began with the Light Commissioners business, the minutes for which were recorded and filed separately by their Secretary. Following the meeting of the Light Commissioners the Selectmen's meeting was called to order at 8:45 p.m. Stephen M. Scala of 10 Goose Lane was present to discuss his interest in serving on the Borderland Park Advisory Committee. Mr. Scala noted he has visited the park frequently r in the fifteen years he's lived in Mansfield and would like to do his part in seeing it preserved for future generations. Selectman Amoruso asked Mr. Scala if he would be willing to report to the Board on an occasional basis regarding events at Borderland, and he said he would. Selectman McCue asked Mr. Scala if he attends Town Meetings regularly. He doesn't and was requested to attempt to do so, to which he agreed. He was also asked if he's been involved in Town in other ways. This is his first attempt at becoming involved. Motion: To appointment Stephen M. Scala to an indefinite term on the Borderland Park Advisory Committee (McCue-Amoruso) 5-0 Passes Bruce Montgomery, Executive Director and General Manager of the Tweeter Center for the Performing Arts, was present at the invitation of the Selectmen to discuss an alleged curfew violation of seven minutes at the BLINK 182 concert on June 8, 2004. Mr. Montgomery noted they are about half way through their season and assured the Board they do not take this matter lightly. He was not at the venue the night of the concert. They had some equipment trouble at the change-over and lost about five (" minutes. At the end of the night they had an escort scheduled and the police officer was Board of Selectmen Minutes of July 14, 2004 1 r in the back parking lot preparing to provide for the performer escort. He noted there was a walk-out video playing with background music that was interpreted differently by another officer who noted the time differently. Selectman Dolan noted 11 p.m. is 11 p.m. and it's Tweeter's responsibility to get an act to shut down at 11 p.m. Chairman MacCaffrie noted the question is what the police officer actually heard, as he was not adjacent to the stage at the end of the performance where he normally would be. Mr. Montgomery believes the performance did go to 11 :03 p.m. The Board has never had an issue with a time discrepancy taken by the officer in charge. Mr. Montgomery reported this is their nineteenth season and they've only been looking at the time this closely for the last six or seven years. The officer noting the time was not at the stage, but rather out in the parking lot and may not have been able to distinguish that the music playing was not part of the performance. Background music has never been discussed as being part of the performance time. Selectmen discussed the intent and interpretation of the performance vs. "walk-out" music. Motion: That any noise emanating from the speakers should constitute part of the performance (Achille) Selectman McCue stated that on a first violation of 2-3 minutes he generally excuses it and waives the fine. Chairman MacCaffrie noted the issue was discussed specifically during this licensing period. Selectman McCue asked that the matter be tabled for further review and consideration. Selectman Dolan said this is his first occasion to consider a violation. Discussion continued as to whether "ending music" is part of the performance. Selectman Achille withdrew his motion. Motion: To find that the violation was in the first tier of the fine schedule. (3 minutes) (Achille-Amoruso) 3-2 (McCue and Dolan opposed) Passes ,,-- Motion: To waive the fine (McCue-Achille) 4-1 with MacCaffrie opposed Passes r George Dentino, Gladiola Terrace - noted discussing the Veterans Agent position a couple of weeks ago, pointing out that the former agent resigned awhile ago and the position has not been posted. He asked what the Selectmen have done about posting the position. Selectman Dolan advised him a meeting has been scheduled for tomorrow night to talk to area veterans and to get their input about making it a regional position. Mr. Dentino asked again what the Board done has done as far as posting. He was advised that Staff posts, but it can't be done until it's determined whether it would be a regional or local position. Town Manager D 'Agostino noted we have about six candidates who have expressed interest, but until it's determined ifit will be a local or regional position it can't be posted and filled. Mr. Dentino noted the position has gone unfilled for many months and was told it was "covered" by the Foxboro agent. He was advised that no veteran has gone without services and arrangements have been made so that no veteran needing services will go without them. We are making a second effort tomorrow night to get input from the veterans and we would also like the position filled. Board of Selectmen Minutes of July 14, 2004 2 r-- Willie Sarro of the Village at the Pointe: Asked how the Town's financial situation is right now, suggesting it is stable. Mr. Sarro said it is positive and he hears lots of negative things happening during the Questions and Comments portion of the meetings. He spoke about the positive nature of the ambulance drive and the purchase of the new ambulance. He commended the Town Manager and Selectmen on the job they're doing and thanked them for appointing him to the Ambulance Trust Fund. They have close to $50,000 put into the bank and plan to have another fundraiser next spring. Somewhere, somehow he thinks the Board should find a way to put $50,000 into it. The committee hopes to raise about $185,000 for the next ambulance fully equipped. Motion: To put an article on through CIP to put funds aside for the ambulance. (McCue- Achille) Town Manager D' Agostino noted he does not expect a lot of Free Cash in the fall, but believes $50,000 is a "doable" amount. Selectman Amoruso noted this evidences a systemic problem and points out the need to put money generated from the use of the ambulance back into the purchase of the next ambulance rather than it going into the General Fund. Vote: 5-0 Passes Motion: To go into Executive Session at 9:32 p.m. for the purpose of discussing r litigation and to return to Open Session at the conclusion of the discussion. (Achille-Dolan) Roll Call Vote: Achille, aye; Dolan, aye; McCue, aye; Amoruso aye; MacCaffrie, aye All in favor: Passes 5-0 The meeting resumed in Open Session at 10:01 p.m. · Warrant No. 54 in the amount of $499,201.46 Motion: To approve (Achille-Amoruso) 5-0 Passes · Warrant No. 55 in the amount of $929,309.56 Motion: To approve and sign (Achille-Amoruso) 4-0-1 with Chairman MacCaffrie abstaining because the Warrant was received too late to review Passes r- · Warrant No. 02 in the amount of $2,862,954.63 Motion: To approve and sign (Achille-Amoruso) 4-0-1 with Chairman MacCaffrie abstaining Passes Board of Selectmen Minutes of July 14, 2004 3 r " · Warrant No. 03 in the amount of $2,981,661.22 Motion: To approve and sign (Achille-Amoruso) 5-0 Passes · Minutes of June 30, 2004 Selectmen's Meeting Motion: To approve and sign (Amoruso-McCue) 5-0 Passes · Drainlayer's Licenses recommended for approval by Town Engineer John Sullivan The question was raised as to whether all details have been paid by those contractors submitting drainlayer licenses for renewal. They asked that Engineering be contacted to determine what process is used in the review prior to the licenses being recommended for Selectmen's approval. Motion: To table action on the licenses until we're able to find out if there are any outstanding bills for police details and the review process is further defined. (Amoruso-McCue) 5-0 Passes r . Decision of the Alcoholic Beverages Control Commission (ABCC) on the appeal of the Tahana alcohol license suspension, together with a copy of the Norton Board of Selectmen's policy with regard to alcohol violations. ABCC remanded the matter to the Board and suggested the penalty be 14 days, with 7 days being served and the remaining 7 days suspended for a period of one year, with the provision that the remaining 7 days would not have to be served if there were no violations within that time frame. Motion: To act in accordance with the recommendation of the ABCC, with the alcohol license of Tahana Restaurant being suspended for seven (7) days beginning November 22, 2004, at 12:01 a.m. and continuing to midnight on November 28, 2004, with another one week suspension, but suspending the second week for one year and not applying it unless there is another violation within the one year timeframe. (Amoruso-Achille for discussion) 1-4 (Amoruso in favor) Fails (" Selectman Achille noted his understanding that although ABCC has heard an appeal, he is not sure they have all the authority normally provided to an Appellate Court. They do have the authority to direct us to a different penalty. He stated that he is not however going to allow a Boston bureaucrat who doesn't know the Tahana from Tahiti to determine the appropriate suspension, pointing out they remanded it back to us saying they would "suggest" the penalty they outlined. He further stated that he made his decision based on the evidence before him and would be voting against the motion. Selectman Amoruso noted that he believes the decision was made by the Board of Selectmen Minutes of July 14, 2004 4 f board as a board and it was upheld by the ABCC which found that there was a violation. He accepts that they believe the penalty was too harsh, so would like to look at something we considered at the time, but less harsh. Thus the suspension at Thanksgiving for a single week. They suggested we should follow the rules, then suggested doing something that is nowhere in our regulations. Motion: To accept the recommendation ofthe ABCC (Amoruso-no second) Selectman McCue said he believes the 30 days was in line with our policy. He didn't second the motion because he believes it should be a straight 14 day suspension. Motion: To suspend for 14 days (McCue-Amoruso) 2-2-1 Amoruso and McCue in favor; MacCaffrie and Achille opposed; Dolan abstained Fails r Selectman Amoruso stated it was unacceptable for the Board to overturn a decision made by a previous board and then also went to a State Board that upheld the decision. He suggested we ask Town Counsel if the original suspension stands when we do nothing. If it stands at four weeks, it would be extended to Christmas and New Years. Selectman Dolan would not be voting because he was not a Selectman at the time of the hearing and when the decision was made. Motion: To table for further analysis (Achille-no second) Chairman MacCaffrie asked that a summary be obtained from Town Counsel Mangiaratti. He also asked that Tournament Players Club be notified in writing that we're all set with their request. Town Manager D'Agostino suggested the letter come from the Building Inspector. Town Manae:er and Staff . Request of Town Accountant Bea Kearney for clarification of the start date of Town Manager D' Agostino's salary increase. Multiple votes were taken on the issue. The amount has been budgeted effective July 1, 2004. Selectman Achille said doesn't recall making a formal motion. There was discussion at the Light Dept. meeting he wasn't able to attend, but he stated his position prior to the meeting. Motion: To make the raise effective July 1,2004 (start ofFY'04) at 3 1f2% (Dolan-McCue) 4-1 MacCaffrie opposed Passes r . Letter from Jay Monahan, Championship Director of Deutsche Bank Championship with regard to parking at the Tweeter Center lot during the event Board of Selectmen Minutes of July 14, 2004 5 r' Town Manager D' Agostino reported: · As part of Article 20 of Town Meeting money was appropriated to study water. The contract in the amount of $10,000 is ready to be signed for this study as described. · He plans to be on vacation the weeks of July 24th and - August 7th. Lee Azinheira will serve as Acting Town Manager in his absence. · The Town has hired a new Conservation Agent who will also act as support staff for ZBA. Elizabeth Leidhold was hired at first step Grade G level - $54,000. He listed her qualifications to the Board. She also has relevant experience in the enforcement component of the wetlands regulations. · The Town was recently awarded a $642,500 housing rehabilitation grant. We were the only community in Rep. Poirier's district who was awarded a grant. The grant has as an administrative component, so there will be no direct cost to the Town. r Selectman Amoruso: · Asked what we're going to do to get the traffic light operational at the intersection of West and Forbes. If it doesn't get done in a timely matter we need to get a police detail out there. Selectmen further discussed the seriousness of the matter, suggesting a letter be sent to Commissioner Cogliano about that and the other intersection. Ptlm. Lance Lawson is sending reports. The Town Manager will follow-up with him. Selectman Achille: · Asked if there has been any response from the schools about closing on election day. It is believed they plan on a half day. Selectman Achille asked if it is a public building, noting the Selectmen are also the public safety commissioners and should have some say in the matter if the schools are Town buildings. Town Manager D 'Agostino noted the scheduling of the building is the sole responsibility of the Superintendent of Schools and the School Committee. We can ask and recommend, but the final decision rests with them. Motion: To send the Superintendent another letter to make the day of the Presidential election a day when students are not in school. (Dolan-Achille) 3-2 with Amoruso and McCue opposed. It was suggested that we first ask for clarification. If it's that students are there % day we'll send the letter. r Board of Selectmen Minutes of July 14, 2004 6 ¡""- Selectman Dolan: · Reported they'd be meeting tomorrow night at 7 with the Veterans. Chairman MacCaffrie will also be at the meeting. If there is no response from the Veterans, we'll make a decision without their input Selectman McCue: · Asked about getting input from the Assessors regarding a 3-tier tax rate Chairman MacCaffrie: · Referred to the DHCD Notice of Funding availability and asked if they've acted on it. The program started June ih. Town Manager D 'Agostino will follow-up with Beverly Estes-Smargiassi. If we don't hear back from them in the next week, we'll put pressure on our legislators. · Announced that Henry Austin passed away. He gave a lot of years to Little League, and also ran the Bagel Train. Town Manager D 'Agostino announced that Little League is selling tickets to win a Jeep to raise money - $100/ticket -the drawing will be held at the end of month. Only 500 tickets will be sold r Motion: To adjourn at 10:58 p.m. (Amoruso) 5-0 Passes ~~~ Signature lerk ) - 28-¡Y Date of Approval r Board of Selectmen Minutes of July 14, 2004 7