HomeMy WebLinkAboutBOS MINUTES 10-15-1997Board of Selectmen
Minutes
October 15, 1997
Present: Chairman Madan, Clerk Royle, and Selectmei; �Efefla klafianW,:aZd,
Robinson
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Richard Boucher, Acting Town Manager
1. The meeting was called to order at 7.30 PM followed by the pledge of
allegiance.
A. Town Manager
Selectman Colella stated in regard to the Town Manager search, candidate Warren
Rutherford declined the Selectmen's offer of employment and requested the issue be
discussed at this time.
Selectman Colella nominated John D'Agostino for Town Manager
Motion: To present the offer to John D'Agostino.
(Colella - Mahana) (3 -2) Royle and Robinson opposed. Passes.
Prior to voting on the above motion, Selectman Robinson questioned options available to
the Selectmen. Clerk Royle stated that she had hoped, since the Board's first choice did
not accept, that Mr. Hartman would have been considered, as he is Selectman
Robinson's and her first choice.
B. Warrant No. 16 - $1, 743,9 72.91
Motion: To approve.
( Royle- Colella) All in favor. Chairman Madan abstained from all Building
Department items. Clerk Royle abstained from all Health Department items. Passes.
G Minutes of October 8, 1997
Motion: So moved to approve.
(Robinson - Colella) All in favor. Passes.
D. Correspondence
Action
Resident
Request from Boy Scout Troop 17 to use the Town property between the South Common
and the Police Station for its annual Christmas tree sale from the last weekend in
November through the weekend before Christmas
Motion: So moved to approve.
( Mahana- Royle) All in favor. Passes.
Other
Resident
Two letters from residents requesting "No Thru Trucking" on Balcom, Bungay, Otis, and
Gilbert Streets
Board and Committee
Memorandum from the Municipal Building Committee regarding the Police Station
Project contaminated soils
Chairman Madan stated a subsequent memorandum from the Municipal Building
Committee states the Comnittee took a vote to take paving out of the project and is
looking for the Town to complete the paving.
Town Manager and Staff
Memorandum from Lee Azinheira, Town Engineer, regarding street and utility
acceptances for subdivisions with Town Sewer
Motion: That the Board of Selectmen accept the street and utility for subdivisions
policy as recommended by the Town Engineer
(Boyle- Robinson) All in favor. Passes.
Memorandum from the Municipal Building Committee concerning parking on East Street
relative to the School Complex Chairman Madan stated that he has a memo from the
Building Inspector that there is not an approved site plan for the Qualters Middle School
or the High School renovations. Clerk Royle suggested a meeting with all persons in the
site plan review meeting in 1995; with the addition of the Municipal Building Committee.
Motion: Selectman Robinson to represent the Selectmen, School Committee
Chairman, Municipal Building Committee member, Traffic Safety Officer
Lawson, Police Chief O'Neill, and a Planning Board representative to meet
one more time to develop a plan, if any, to make sufficient parking for the
school projects.
( Royle- Mahana) All in favor. passes.
Letter of resignation from the Planning Board from Duane Frederic
Motion: Move to accept his resignation with regret and send him a letter of
appreciation.
(Boyle- Mahana) All in favor. Passes.
Letter from Rick Rosemark requesting a waiver o f the fee from the Building Department
for a Statement of Facts, $50 fee
Motion: Move not to grant the waiver since it is not a town project, it is a private
project.
( Royle- Robinson) All in favor. Passes.
2. Questions and Comments
Marianne Kinney, 388 Gilbert Sh -eet, gave an update on her attempts to designate
Bungay, Otis, Balcom, and Gilbert Streets as "No Thru Trucking ". Ms. Kinney stated
she has been informed that Mass Highway Commissioner Sullivan will be sending a set of
forms to the Selectmen that must be completed in order for Mass Highway to consider the
designation.
Ralph Penney, 336 Maple Street, requested the Board evaluate converting the western
section of Crocker Street to a one -way street because of early morning traffic. If the
street is converted, Mr. Penney suggested two turning lanes onto Route 106 and a drop -
off area for commuters may be possible.
Police Chief O Neill responded stating, although he and Traffic Safety Officer Lawson
disagree on this issue, he feels this would create problems with traffic at rush hour and
that traffic in both directions helps to control traffic flow.
Mahana suggested advertising publicly for resident traffic engineers to volunteer time to
meet with officer Lawson and possibly come up with a solution. Chairman Madan:
suggested this may be a project for the SRPRDD Commission. Mr. Penney stated he
would be willing to explore options with the Planning Department if no one else will
review the issue.
3. Rumrunner Package Store Violation Hearing 8:20 PM
Police Chief O'Neill, Officer Roy Baine, Mr. Peter DeTrolio, Manager Rumrunner Wine
& Spirits, Mrs. DeTrolio, and Mr. DeTrolio's attorney, Dan Blake, were present for this
hearing. This hearing was scheduled as a result of a report of a license violation, sale of
alcohol to a minor, filed by the Police Department.
Officer Roy Baine, investigating and arresting officer, gave his report of the incident that
occurred on September 14, as stated in his "Incident Report" of September 14, 1997,
which prompted this hearing.
Police Chief O'Neill read a report of Detective Crossman regarding Mr. DeTrolio's refusal
to allow Detective Crossman and Officer Baine to review a store video tape to determine
whether or not alcohol was in fact sold to a minor.
Police Chief O'Neill noted for the record that the youth referred to in this hearing has
retained an attorney, who is out of town this week, and that he is unable to speak with
youth without his attorney present.
Peter DeTrolio, owner of Rumrunner Wine & Spirits, stated he is positive he did not sell
to a minor and that he did not let the police view the video tapes because the notice of
license violation was filed by the police department prior to their request being made to
view the tapes. Mr. DeTrolio stated the offered to show the tape to the Selectmen and
that he feels the process that has been followed is not fair.
Attorney Blake addressed the Board stating the process that has been followed by the
Town is very odd and summarized his client's position that alcohol was not sold to a
minor at his store.
Chairman Madan noted for the record that the Police Chief had requested this hearing be
continued because he was planning on having a witness testify but his attorney was out of
town. Police Chief O'Neill had also requested that the hearing be held in executive
session to protect his witness because he is a youth. Town Counsel stated the hearing
would have to be held in open session even if the juvenile did testify and that hearsay
evidence could be accepted by the Selectmen.
Board of Selectmen Questions
Members of the Board of Selectmen asked questions concerning distinctive markings on
the package stores thirty packs, review of the video tape by the Police Department,
continuation of the hearing until the tape has been reviewed by the Police Department,
when the youth indicated they purchased the alcohol from Stop & Shop, and comparison
of this incident to "last drink" cases.
Motion: Move to continue the hearing to October 22, after such time the Police
Department has reviewed the tape and returns with a statement of proof.
Royle Robinson (2 -3) Clerk Royle and Selectman Robinson in favor. Fails.
Motion: That this Board takes no action in regard to the Rumrunner package store
owned by Mr. Peter DeTrolio.
(Colella - Mahana) (3 -1 -1) Royle abstained based upon inconclusive
evidence; and Selectman Robinson was opposed. Passes.
3. Otis Street/Gilbert Three Way Stop Sign
Police Chief O'Neill stated he is trying to get together with the State Engineer in
Mansfield and has requested a written response from him concerning the three -way stop
sign. In previous conversations, the Engineer stated that he does not see the three -way
stop happening.
Motion: To place a three -way stop sign at the Gilbert/Otis Street intersection. If
there is a problem the sign will be removed and we will start all over again.
(Colella Madan for discussion) (1 -4) Colella in favor. Fails.
Chairman Madan would prefer to wait for more information from the Police Chief and
State Engineer.
4. Update on Water Supply by Robert Morrison, Assistant DPW Director
Assistant DPW Director, Robert Morrison, gave an update on Mansfield's water situation
stating that the water table is dropping because of a lack of rain.
Woodard & Curran will be in attendance at the Selectmen's meeting of November S to
discuss Special Town Meeting articles and will also be available at Special Town Meeting.
S. Special Town Meeting
Motion: To close the Special Town Meeting warrant on October 22, 1997.
(Robinson - Royle) All in favor. Passes.
Selectman Colella requested, as a result of a request made to him, a zoning by -law
amendment regarding open air parking facilities could be held off until the Annual Town
Meeting. Selectman Mahana stated he would prefer all zoning articles to be held off until
the Annual Town Meeting.
6. Old Business
A. Town Manager
Acting Manager Boucher asked if the Selectmen ever voted to allow the YMCA to tear
down the Mystic Club.
Motion: To hold a meeting with the YMCA next week and invite residents to hear
their comments.(prior to voting on tearing down the Mystic Club)
(Colella - Royle) All in favor. Passes.
Acting Manager Boucher gave a status update on the contaminated soils found at the
Police Station project.
B. Selectmen
Selectman Robinson asked if there has been any communication with Chris Riley of
Amtrak regarding installation of track fencing recently. Selectman Robinson suggested a
meeting with an Amtrak manager and possibly a representative of the MBTA. It was
noted that fencing will be installed in Foxboro by Amtrak.
l
Royle commented on a memorandum from the Municipal Building Committee regarding
removal of paving from the Police Station renovations contract.
Motion: To contact the DPW Director to determine the dollar amount in the
Police Station renovations' contract for paving.
( Royle- Robinson) All in favor. Passes.
Clerk Royle asked if communication has been received from Town Hall Project Architect,
Roger Hoyt, regarding Town Hall entrance way flooding, specifically, whether or not he
had submitted engineer specifications for the drainage pipes at the Town Hall
entranceway.
Clerk Royle stated she would like to utilize the senior tax program to hire a senior to work
the gate at the recycling park. The DPW Director should be reminded of the procedure to
utilize the program.
Clerk Royle requested a letter be sent to Mass Highway requesting a safety review of the
intersection of Forbes Boulevard and West Street because it is extremely dangerous.
Chairman Madan asked if Mass Highway standards would have to be met if the Town
installed a traffic light at the intersection.
Motion: To send a letter requesting Mass Highway review this issue.
(Boyle- Robinson) All in favor. Passes.
Selectman Colella inquired of the status of painting the bridges at the North Main Street
underpass and on Route 106. The Oakland Street railroad track where the spur line is
located also needs to be review and repaired.
Selectman Colella inquired of the status of Mr. Calhoun's, Union Street resident, fence.
Motion: That Selectman Colella be the Selectmen's representative while talking to
Mr. Calhoun.
(Mahana- Royle) All in favor. Passes.
Selectmen Colella and Mahana requested the Town Engineer be consulted with regarding
the Town of Easton's dam improvements costing only $50,000.
Selectman Mahana stated he would like to review a Water Fund Activity report with the
Town Accountant because it conflicts with a previous memorandum he received regarding
Free Cash.
Selectman Mahana asked what the source of an estimated $1.3M in free cash is; Mr.
Boucher responded that the source is mainly collected back taxes. Selectman Mahana
suggested this money should be refunded to taxpayers.
Selectman Mahana stated he would prefer a busy signal to the voice mail in Town Hall
offices.
Chairman Madan suggested requesting a meeting with the MBTA and Joseph Ditchman,
who has a proposal before the MBTA to renovate and expand the train station in
Mansfield, for a status update. Chairman Madan stated if a private development is not
going to happen he would like to find out what will be done by the MBTA to solve their
commuter parking problem.
Motion: To hold a meeting with Mr. Ditchman and the MBTA.
(Madan - Royle) All in favor. Passes.
7. New Business
A. Town Manager
Acting Manager Boucher reviewed the DPW Director's weekly activity report, listed
streets to be flushed by the Water Department this evening, and referenced the Assistant
DPW Director's status report on the wells.
R Selectmen
Clerk Royle questioned resolution of Police Station electric charges.
Motion: Move that we send a memo to the Municipal Building Committee with
these attachments, Police Station contract pages, stating that it is perfectly
clear that the general contractor will pay for all utilities during the extent of
the contract.
( Royle- Mahana) All in favor. Passes.
Clerk Royle referenced a memorandum from the Municipal Building Committee stating
funding will not be available for renovations to the Central Fire Station.
Selectman Colella stated that he has received complaints that residents have a hard time
hearing the meetings.
Selectman Mahana questioned the Selectmen's position on setting aside money for an
ambulance and asked when the Board supported running two ambulances. Selectman
Mahana also asked if the Acting Manager ever contacted a person from Graphic Labs
regarding the vacant lot next to the fire station. Selectman Mahana asked him previously
if he would rent the lot to the Town in lieu of taxes but never received a response back.
Selectman Mahana gave an update on painting of Memorial Hall by the Bristol County
work release program.
Selectman Mahana suggested the Board think about each Selectman being allocated
$4,000 to donate to which every charity they wish.
Motion: That each Selectman be allocated $4,000 to donate to the charity or
function of their choosing.
(Mahana- Royle) All in favor. Passes.
Acting Manger Boucher stated he is not sure the Board has the authority to choose which
charities receive donations and that it may have to go to Town Meeting for a vote.
8. Board and Committee Appointments
A. Animal Welfare Committee - I Vacancy - Indefinite Term
Clerk Royle nominated Kelley Lynn Johnson as a regular member and Chester MacKean
and Michael McCue to serve as alternates. Clerk Royle and Selectmen Colella, Mahana,
and Robinson in favor; Chairman Madan opposed.
Chairman Madan nominated Chester MacKean as a regular member and Kelley Lynn
Johnson and Michael McCue to serve as alternates.
B. Municipal Building Committee -1 Vacancy - 2000
Clerk Royle nominated William Moore who received a unanimous vote.
C- Planning Board - I Vacancy -1999
Motion: So moved to appoint Scott Frank.
(Robinson - Royle) All in favor. Passes.
9. Executive Session
Motion: To go into executive session to discuss land negotiations and come out
only to adjourn.
(Boyle- Colella)
Clerk Royle Aye.
Selectman Colella Aye.
Selectman Robinson Aye.
Chairman Madan Aye.
Selectman Mahana Aye.
±.. _..._
'Clerk's Signature Date of Approval