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HomeMy WebLinkAboutBOS MINUTES 5-15-1996BOARD OF SELECTMEN Minutes o j!! , {? ;k {U; I =� May 15 1996 ' J Present: Chairman Madan, Clerk Mahana, Selectmen Colella, Pasquil'e; and Robinson William F. Williams, Town Manager 1. Executive Session for an Update on Legal Issues MOTION: To go into executive session to discussion pending litigation. (Pasquale - Colella) Selectman Colella- Aye. Selectman Pasquale - Aye. Selectman Robinson - Aye. Clerk - Aye. Chairman Madan - Aye. Please see Page 1 A for executive session minutes. 2. The open meeting was called to order at 8:00 PM followed by the pledge of allegiance. A. Warrant No. 47 - $2,150,073.21 MOTION: To approve. (Mahana - Robinson) All in favor. Chairman Madan abstained from all Building Department items. Clerk Mahana abstained from Voucher No. 13721 PASSES. B. Licenses and Permits • Foxfield Taxi -Hackney Carriage License Application -Vehicle No. 34 MOTION: To approve. (Mahana - Colella) All in favor. PASSES. • Foxfield Taxi - Hackney Carriage License Application - Vehicle No. 16 MOTION: To approve. (Mahana - Colella) All in favor. PASSES. C. Presentation of Plaque Chairman Madan presented Walter Main with a plaque for his service to the Town over the years. Mr. Main served on the Board of Selectmen from 1970 to 1973, Airport Commission from 1977 to 1979, and Board of Assessors from 1986 to 1995. 3. Discussion with Town Engineer concerning Fulton's Pond Dam Town Engineer, Lee Azinheira, addressed the Board of Selectmen concerning the condition of the Fulton's Pond Dam. Mr. Azinheira distributed a report to the Board of Selectmen completed in 1987 siting areas of concern. Mr. Azinheira stated that he has consulted with two engineering firms who have worked on projects similar to this dam and both recommend against emergency repairs until additional engineering evaluations are done. Lastly, Mr. Azinheira requested a reserve fund transfer in the amount of $10,000 to have an engineering inspection and design completed. Board of Selectmen Questions Members of the Board of Selectmen asked the Town Engineer about the possibility of the entire pond draining and about any public safety concerns relative to the dam. Mr. Azinheira responded that it would not be a bad idea to put saw horses and protective tape out. MOTION: To approve the transfer for $10,000. (Colella- Robinson) All in favor. PASSES. 4. Questions and Comments Marianne Macdonald, 388 Gilbert Street, addressed the Board of Selectmen concerning AMTRAK'S opinion on their responsibility for noise mitigation. The comment period concerning this will remain open until May 24. Letters should be directed to Trudy Coxe at MEPA. Ms. Macdonald also noted that the Train Station Advisory Committee will be meeting on Monday May 20. 5. Airport Commission Interviews - Term to Expire January 1, 1997 Bradford Wills, Ron Porat, and Barry Truner were present to interview for the Airport Commission. Each of the applicants introduced themselves and answered questions asked by the Selectmen concerning wiry they would like to be appointed to the Commission, what perspective they will bring to the Commission, what they will do if appointed, and how they would attempt to involve the community with the Airport. Selectman Colella nominated Bradford Wills to serve on the Airport Commission, who received three votes, one from Selectman Colella, Clerk Mahana, and Chairman Madan. Selectman Pasquale nominated Ron Porat who received two votes, one each from Selectmen Pasquale and Robinson. 6. 8:15 PM Discussion with Robert Button, Mansfield Emergency Management Agency Mr. Button requested a reduction in the 10 percent fleet reduction mandate for the Emergency Management Agency and that they be allowed to keep their 1993 sedan. Mr. Button stated that he feels the sedan is an important part of the organization because it is used for communication is equipped with first -aid material, has lights, and is outfitted with a trailer hitch for a power generator. Questions and Comments Members of the Board of Selectmen commented on and asked questions concerning standing by the Town Manager's decision to include the vehicle in the vehicle pool, Emergency Management's Agency's outfitting and obtaining their own vehicles in the past, and insurance savings. Chairman Madan suggested Mr. Button resolve the vehicle reduction with the Town Manager because he developed the policy. Discussion among the Selectmen followed concerning availability of a vehicle to the Emergency Management Agency if the `93 sedan is placed in a vehicle pool. MOTION: To ask the Town Manager to reconsider the reduction of the Mansfield Emergency Management Agency vehicle. (Pasquale- Robinson) (2 -3) Chairman Madan, Clerk Mahana, and Selectman Colella Opposed. FAILS. 7. 8:30 PM Tahana Liquor License Violation Hearing Present for this hearing were James Mark of the Tahana, Peter K.Y. Chan, Manager of the Tahana, and Ed Giadominico, attorney for Tahana. Also present was Police Chief O'Neill and Investigating Officer, Tracy Juda. Attorney Giadominico explained that alcohol was not sold to anyone after 1:00AM and that only employees and band members were in the establishment at 1:30AM. Attorney Giadominico also explained that he feels it is a gray area at which time alcohol has to be off the bar and stated that the violation was not willful. Next, Police Chief O'Neill requested Officer Juda present the facts and she did, as outlined in her Police Report dated April 21, 1996. Police Chief O'Neill stated that this establishment has not had any violations or complaints while he was on the midnight shift, nor has it since he has been Chief. Chief O'Neill also explained that not even employees may drink in the establishment after the time noted on the liquor license, 1:00AM and that there are only four reasons why anyone should be in the establishment after closing hour -- cleaning, maintenance, preparation of food, or security. No alcohol may be consumed after this time. Lastly, Chief O'Neill stated that Court Officer has informed him that Tahana has been named three times as being the establishment were the last drink was served to persons stopped for drinking and driving. Board of Selectmen Questions and Continents Questions and comments from the Board of Selectmen were including the day of the week the violation occurred, normally last call is at 12:30 and all patrons must be out by 1:00AM, if the owner or manager was present at the time of the violation, and whether or not patrons were in the establishment after 1:00AM. It was also requested that the Police Chief send letters to establishments reminding them of the policy. MOTION: To issue a letter of reprimand with the charge. ( Mahana- Pasquale) (4 -1) Selectman Robinson Opposed. PASSES. Selectman Pasquale suggested a meeting be held between the Police Chief and the license holders concerning license regulations. Police Chief O'Neill stated that he attended a seminar this date, at which, it was discussed that in some cities and towns appoint a Police Officer as a liquor license agent. Police Chief O'Neill will check with adjacent towns to see if they have a "last call" policy. Selectman Colella also noted that Ire is not in favor of a meeting being held between the Police Chief and license holders. Chairman Madan stated that once a decision is made on the policy a meeting could be held with the license holders. Chairman Madan closed the hearing at 9:15 PM. 8. Discussion with Police Chief Police Chief O'Neill explained the following legislative matters to the Board of Selectmen and requested they send letters in support of them: A. Public Safety Building grant program MOTION: To send a letter reaffirming our previous letter in support of the public safety assistance bureau for the Police and Fire facilities. (Pasquale - Mahana) All in favor. PASSES. B. Criminal Justice Training Council MOTION: To send a letter (in support). (Pasquale - Colella) All in favor. PASSES. C. Funding for Criminal Justice Training counsel - $1,800 Fee MOTION: To send a letter stating that we disagree with the State law pertaining to the $1,800 academy fee. (Pasquale - Colella) All in favor. Selectman Pasquale commended the Police Chief and his Department, stating that representatives of Talrana had nothing but good things to say about his Department. Clerk Mahana commented on the Police Chief s memorandum concerning the average number of police officers that should be employed in a conmrunity in relation to the population. Lastly, Police Chief O'Neill stated effective July 1 the U.S. Department of Justice is granting another Police Officer to the Town of Mansfield under the Fascop program. The Town will be required to fund 25 percent, which will have to be requested at a Fall Special Town Meeting. 9. Minutes of May 8 MOTION: To approve the minutes with an amendment to 7C to reflect the Main Street Fire Station in the motion, not the West Mansfield Fire Station. (Colella- Robinson) (3 -0 -2) Clerk Mahana and Selectman Pasquale abstained. PASSES. 10. Correspondence c ACTION: Resident Request from Deborah Lacorazza for permission to hold a block party on Deer Path Lane on July 21, 1996, between 1pm and 8pm and to close Deer Path Lane to traffic between those hours MOTION: To approve subject to the approval of the Police Chief. (Pasquale - Mahana) All in favor. PASSES. Town Manager and Staff Memorandum from Lorilee Fish, Parks and Recreation Director, requesting permission to leave the public parking lot on North Main Street open until 11:00 PM on movie nights, June 26, July 10 and 24, and August 7 & 21, and invitation to the Great Duck Race on June 26 MOTION: To approve. (Pasquale - Colella) All in favor. PASSES. Miscellaneous Letter from Paul Folkman, Folkman & Zola Builders, Inc., requesting a waiver of the filing fee for the re- filing of the George Fram Estates definitive subdivision plan as a cluster subdivision plan and Letter from the Planning Board in support of the fee waiver request MOTION: To approve. ( Mahana- Pasquale) Tabled for a presentation by Mr. Folkman. OTHER: Resident Letter from Bill Ottaviani, 230 Union Street, concerning street sweepings and requesting the Selectmen require the Department of Public Works to identify all sites where street sweeping have been dumped and require them to remove and clean all of the street sweeper material from the sites Boards and Coirunittees Letter from Jack Folan, President, Council on Aging, asking the Selectmen not consider a request" to use alcoholic beverages in the Council on Aging/Library multi- purpose meeting room The original request has been withch-m+m. Town Manager & Staff Letter from Robert Mangiaratti, Town Counsel, regarding review of the equipment charge in the Great Woods entertainment license MOTION: To have Town Counsel review the law and see if anything can be done for the Police. (Pasquale - Colella) All in favor. PASSES. Memorandum from Arthur O'Neill, Police Chief, requesting to bring three legislative matters before the Board of Selectmen on May 8 Memorandum from Arthur O'Neill, Police Chief, to the Board of Selectmen concerning actions of a constable MOTION: To empower the Police Chief to look into the situation and come back with a report. ( (Pasquale - Colella) All in favor. PASSES. Miscellaneous Letter from Great Woods Center for the Performing Arts with an addition to their 1996 schedule 11. Purchase Orders • Hach Co. - $1,495 DR2000 Lab Analyzer - Sole Source MOTION: To approve. (Mahana - Colella) (4 -0 -1) Selectman Pasquale abstained. PASSES. • Cassidy & Lee - $2,057 Replace clam shell and pins on Unit No. 19 - Backhoe MOTION: To approve. (Mahana - Colella) (4 -0 -1) Selectman Pasquale abstained. PASSES. • Setcom Corp.- $5234.40 5 Motorcycle Helmet Speakers and Two Switches Discussion among the Selectmen followed concerning the account to be used, whether or not it is a capital purchase, and possibility of purchasing two to determine their effectiveness. MOTION: To support the purchase order as requested. (Pasquale- Robinson) (1 -3 -1) Selectman Robinson in favor, Chairman Madan, Clerk Mahana, and Selectman Colella Opposed, and Selectman Pasquale abstained. FAILS. MOTION: To approve the purchase of two helmets and switches. (Mahana - Colella) (4 -0 -1) Selectman Pasquale abstained. PASSES. 12. Town Manager Report Reserve Fund Transfer Request No. 12 - $9,867.46 MOTION: To approve. (Mahana - Robinson) MOTION: To approve Request No. 12 in the amount of $7,243.46 with anticipated expenses not included. (Pasquale - Colella) All in favor. PASSES. • Request to Close Union Street for the Garage Sale on May 18 MOTION: To approve the closure of Union Street. (Pasquale - Colella) All in favor. PASSES. The sheet should be hem,ily barricaded and bm- reled. L Centralized Dispatch r. Williams, Town Manager, gave an update on centralized dispatch. Selectman Pasquale stated that lie would like Steve Grossman of CVI to talk to Town employees about INET. • Scott /Goyea Conservation Land Policing Mr. Willliams stated that he has directed the Police Chief to accept responsibility on behalf of the Police Department for opening and closing the gate at the former Scott /Goyea property, unless he can come up with an alternative. Police Chief O'Neill suggested opening and closing times be posted firmly and the Police Department be authorized to tow and ticket cars parking in the parking lot during restricted hours, and suggested the locked gate be eliminated. It was suggested that the legal requirements for security of the land be verified with the Environmental and Conservation Planner. Selectman Pasquale suggested locking the gate be coordinated between both the Police and Fire Departments. Police Chief O'Neill suggested entering into an operating agreement for the land with the Commonwealth. • Memorial Day Parade Police Chief O'Neill stated that the parade route change will be made on Thursday. • Street Sweeping Policy Mr. Williams referenced a street sweeping policy established by the Department of Public Works Director dated May 14 and attached memorandum from the Environmental and Conservation Planner also dated May 14 MOTION: To approve the street sweeping policy. (Robinson - Pasquale) All in favor. PASSES. • Cable Account Mr. Williams referenced a handout he gave to the Selectmen this date outlining activity of the cable account. Selectman Pasquale suggested cable access be scheduled to attend a Selectmen's meeting to discuss their budget. • Personnel Policy Mr. Williams gave a brief update on the update of the Town's personnel policy. 13. Selectmen A. Old Business • Cable Access Account Clerk Mahana commented on the lack of accountability regarding cable access' account and stated that he feels a deep audit should be conducted. Clerk Mahana also stated that he would like the Selectmen to vote to send the matter to the Attorney General following a discussion with Cable Access. • Town Counsel Opinions Selectman Pasquale referenced two letters the Selectmen received from Town Counsel, Robert Mangiaratti. One of the letters stated that a Reserve Fund Transfer in the amount of $125,000 was legal and the second stated that elected officials may not vote on another Board or Committee unless authorized by Town Meeting. Selectman Pasquale suggested the issue stated in the second letter be taken up as a housekeeping item at a Fall Town Meeting. • May 23 Informational Seminar Selectman Pasquale requested the Selectmen's Secretary contact the Chairmen of all Town Boards and Committee to find out who on their Board or Committee will be attending the informational seminar scheduled for next Thursday, May 23. It is important that a representative of each Board attend. • Free Cash Chairman Madan inquired about the status of a free cash estimate. • Capital Projects Chairman Madan also commented on a $7,500 change order for the West Mansfield Fire Station and stated that lie would like to be notified once the budget for the fire station reaches $630,000 as voted at Town meeting because he does not want to vote for funds in excess of that amount. Selectman Pasquale requested clarification on the last opinion from Town Counsel regarding the legality of reserve fund transfers for the West Mansfield Fire Station. • Town Accountant/Light Department Reconciliation Chairman Madan inquired about reconciliation between the Town Accountant the and Light Department. The Town Manager responded that the Town Accountant works on the reconciliation all year. • Attleboro/Mansfield Water Agreement Lastly, Chairman Madan inquired about the status of the intermunicipal water agreement between Mansfield and Attleboro. 14. Adjournment- 10:10 PM MOTION: To adjourn. (Colella- Robinson) All in favor. PASSES.