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HomeMy WebLinkAboutSELECTMENminutes08112010 Town of Mansfield Board of Selectmen Minutes of August 11, 2010 Present: Chairman Moran, Vice Chairman George Dentino, Clerk Douglas Annino, Selectman Jess Aptowitz, Selectman Olivier Kozlowski, William Ross, Town Manager Absent: Motion: Meeting opened at 7pm and convened at 7:23pm to executive session to discuss pending litigation involving a disabled police officer. (Aptowitz) 4:0:1 passes. Selectman Dentino nay ROLL CALL: Chairman Moran aye, Vice Chairman Dentino nay, Clerk Annino aye, Selectman Kozlowski aye, Selectman Aptowitz aye. 4:0:1 passes Board of Health update Chairman Ray Martin, Mike Healey and Catherine Memory are present. Update on the years events in the health dept. Flu, H1N1 vaccinations Tick, misquote and other seasonal health concerns Tobacco control and youth access compliance Selectman Annino asked about restaurant inspections. How many are done and how often. Chairman Martin stated that Health Agent Leite handles all inspections under their direction. He has been with the health dept. for over 20 years and has the inspection schedule down to a science. Selectman Kozlowski asked a few questions about the use of under age children in compliance checks and Mr. Martin briefly explained the program protocol and that is funded by the Dept. of Health. Canoe River Dam update Town Engineer Richard Alves and DPW Director Lee Azinheira are present for discussion. Mr. Alves gave a brief synopsis on the history of the Canoe River Dam and the work need to repair it. Boord of Selectmen Minutes of August 11, 2010 Mansfield has been actively pursuing repair of its Town-owned dams over the past few years, and has recently performed inspections and reports to comply with new laws and regulations. These inspections, and follow-up inspections from 2006 to present, identified that significant repairs were needed at the Canoe River Campground Dam. Funding has become available through the Annual Town Meeting of 2010. In May of 2010, the Town contracted with PARE Corporation, revisions are being proposed from the original approved plans of the project. The State also issued an Order on 2/22/08 requiring the Town to repair the dam by November 30, 2009; we have been granted an extension for the dam to be constructed by November 30, 2010. The attached design plans are being submitted for permitting, with the intent of bidding this project by the end of July of 2010. The main repairs identified in the Amendment Order of Conditions are summarized as follows: . Primary Spillway Repairs: The existing stone and concrete primary spillway and training walls will be removed. A new T high by 14' wide by 42' long precast concrete culvert to replace the bridge over the primary spillway. Modify the primary spillway control structure design to allow for precast construction. The concrete culvert will be constructed in the foot print of the original, leaving enough room for future 12' lanes. The proposed design has a fixed crest spillway to mimic the existing spillway and two 4-foot wide stop log bays. . Auxiliary Spillway Repairs: The existing stone and concrete auxiliary spillway will be removed. A new 4' high by 8' wide by 42' long precast concrete culvert is being proposed to mimic the existing spillway. Modify the auxiliary spillway control structure design to allow for precast construction. In addition, the breached section of the downstream masonry wall will be repaired, and re-graded to stabilize the slope. . Embankment Repairs: The embankment of the pond at Mill Street will be cleared and graded to a stable slope, with riprap provided as slope protection. The man- made downstream diversion channel will be graded to stabilize the new slope walls and direct runoff to the primary channel. A portion of the embankment between the main pond and an existing campground duck pond will be repaired in a small area (3 feet by 100 feet) to raise the embankment of the main pond less than one foot to meet the required design elevation. · Roadway Improvements: Related improvements to Mill Street will be made, include re-grading of the roadway embankment slopes, installation of curbs and drainage swales for storm water management widening to 12' lane widths. Selectman Kozlowski asked how long Mill St. would be closed during construction. Mr. Alves stated that although construction will last for up to 60 days he only anticipates the road will be closed for two weeks. Board of Selectmen Minutes of August 11, 2010 2 Selectman Annino asked a few questions about construction plans and Planning Board approval. Mill St. is designated a scenic way and about a dozen trees will need to be replaced upon completion of the project. Selectman Dentino had a few additional questions about Planning Board approval of the project and how many trees will be cleared and then replaced. A short discussion then ensued on abutting property owners and property lines along the area of work. This work will occur during the school season so the buses will be notified not to go that way. Mr. Azinheira also stated that he does not believe that school buses even go over the dam due to their weight. Bertucci's change of manager Proposed Manager of Record Sharon Logiudice and Regional Bertucci's Manager are present. Selectman Aptowitz asked why the change of manager application stated that Ms. Logiudice is following Ms. Deluca if Mr. Logan was the last manager. It appears Corp. Bertucci's did not apply for a change of manger from Ms. Deluca to Mr. Logan and they are now applying for a change to Ms. Logiudice. Motion: To appoint Sharon Logiudice to manager of record at Bertucci's, 280 School St. (Aptowitz/Kozlowski) 5:0 passes Q& C Chief O'Neill came up to the podium to address Selectman Dentino's questions about gun training from the last meeting. He briefly explained why the dept. trains and retains personnel that repair the department's weapons. Although not used on a regular basis the officers do keep rifles and shot guns in their cruises for situations that may get out of control. Selectman Dentino is on CIP and as these weapons were purchased with grant monies, he did not know the police department had assault weapons such as machine guns. As such, he wanted to know why the police dept. was taking courses on weaponry training and repair. Chief O'Neill also took exception about the comments made by a board member about "keeping a dis-orderly house". The Police dept. has had a hard time at the Comcast Center many times and does the best they can to control crowds and disorderly behavior. Boord of Selectmen Minutes of August 11, 2010 3 Selectman Aptowitz asked Chief O'Neill what incident he was referencing as he was unaware of the specifics. Chief O'Neill stated that he had reviewed the tape and a member of the board made comments about the police performance at the Comcast Center. Even in jest, it was in poor taste. Chairman Moran interrupted briefly to state that after some clarification, the Board of Selectmen would be going into executive session to discuss a litigation matter. However before convening, Selectman Dentino apologized for any misunderstanding that the PD members may have had regarding his statements. but, as you have reviewed the tape, you would have seen that this was a lead in to my comments "that the police could set me up for life on a disorderly house charge." Now if you don't think that was in jest, you missed the point. Chief O'Neill stated that he did not miss the point but not everyone on the force took it that way. Selectman Aptowitz then stated that the Board of Selectmen thinks public safety does a great job. We whole heartily support the efforts of the police dept. Chief O'Neill thanked the board for letting him speak and left the podium. Chairman Moran then adjourned the meeting to executive session to discuss pending litigation involving a disabled police officer. Motion: To convene into executive session with respect to litigation if an open meeting may have a detrimental effect on the litigation position. (Aptowitz) 4:0:1 passes. Selectman Dentino abstain. Discussion: Selectman Dentino is not comfortable with the description given for executive session and as a side note; the postings have been sometimes, been less than acceptable and perhaps we should look into tightening then up. ROLL CALL: Chairman Moran aye, Vice Chairman Dentino abstain, Clerk Annino aye, Selectman Kozlowski aye, Selectman Aptowitz aye. 4:0:1 passes Board of Selectmen Minutes of August 11, 2010 4 Weekly Business Warrant No. 1105T in the amount of $1,177,826.83 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 1105E in the amount of $28,141.80 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 1105PT in the amount of $329,429.37 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11005TV in the amount of $95,633.06 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11005PS in the amount of $960,643.90 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11005SV in the amount of $258,907.30 Motion: To approve. (Kozlowskil Aptowitz) 5:0 passes Warrant No. 11006T in the amount of $93,280.64 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11006E in the amount of $24,691.73 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11006S in the amount of $81}00.45 Motion: To approve. (Aptowitz/Kozlowski) 1:4 fails Motion: To approve warrant 11006S pending clarification of wire transfer. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11006PT in the amount of $330,227.21 Motion: To approve. (Aptowitz/Kozlowski) 4:0:1 passes (Dentino abstain) Warrant No. 11006TV in the amount of $92,117.45 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes · Board of Selectmen meeting minutes of June 23, 2010 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes · Board of Selectmen meeting minutes of July 28, 2010 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Board of Selectmen Minutes of August 11, 2010 5 · Drainlayers license application for Riccio Excavation. Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes . One day beer and wine license for Tri-County Beagle Club. Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Correspondence · Disclosure form for Conservation Commission Board member to work through the senior tax work off program through the COA. Motion: To approve and have Chairman Moran sign for the board. (Aptowitz/Kozlowski) 5:0 passes . Thank you letter from Shawmut Ave resident. His brand new car was splashed by tar by a contractor and when he called the Town Manager Office and the DPW the staff all patiently listened to his issues. He was most impressed with the actions of Mark Cook, Highway Manager and is grateful for the town's assistance. · Letters of request from Eric Baldwin, Deutsche Bank Championship Director. 1. Request for a waiver of the "one time per vehicle charge" at the Comcast Center during the event of August 31st to September 6 tho Parking plan is attached. 2. Building permit fees waiver for the tents located at the Comcast Center during the event. Motion: To approve waiver requests. (Kozlowski/Dentino) 5:0 passes · Memo from Helen Christian, Town Clerk requesting appointment of election workers for a one year term from September 1, 2010 to September 1, 2011. Motion: To appoint election workers as listed. (Aptowitz/Kozlowski) 5:0 passes . Warrants for September 14th state primary elections. Motion: To sign warrants for upcoming primary election. (Aptowitz/Kozlowski) 5:0 passes Town Managers Report . Mr. Ross presented a book on the economy during hard times and recommends it. . Mr. Ross briefly noted State changes in early municipal retirement. More to come . Cell phone usage review to be delivered by the end of the week . West St. paving issues have been resolved. Board of Selectmen Minutes of August 11, 2010 6 BOS Old and New . Selectman Kozlowski: Questions about letter from the City of Lowell regarding health care regulations. Mr. Ross briefly recapped the items of the letter. Saturday, August 21st will be the Republicans vs. the Democrats softball game. They will be collecting non perishables for the food pantry. · Selectman Aptowitz: condolences to the Cook family on the passing of Mark Cook's mother. Attended COA luncheon last week and it was excellent. He would encourage others to attend. As Chief O'Neill stated earlier, the underage drinking at the Comcast Center is out of control and we need to assist the PD where ever possible. Selectman Aptowitz also noted that the Comcast Center still hasn't paid for a previous violation and now they have two more. If they are not paid soon he would like to see them come in for a license revocation hearing. . Selectman Annino: Questions about unfinished road work. Thank you Vinny Tighe for framing and installing zoning maps in bos office. · Selectman Dentino: Comcast Center memo for violations. Selectman Aptowitz will follow up with the issues. . Chairman Moran: Recapped letter from Governor Patrick's office regarding reductions in local aid. MMA essay contest will be soon. We really want to participate this year so please send in your entries. This would be a joint effort between the bos and school committee. MMAS concert series is under way and producing excellent programming. They have also been recently listed in 1000 places to see in MA publication. Congratulations for this designation. While attendance at the bos meetings are sparse, he has had many residents comment that they watch on TV and some times cannot follow the conservation due to short hand lingo. Even so, they are pleased with proceedings. Boord of Selectmen Minutes of August 11, 2010 7 Adjournment Motion: Adjourn meeting at 9:40pm (Aptowitz) 5-0 Passes ff3()UP~l:. ~ Signature of Clerk ~em-k t 2t?/t? Date of Approval Board of Selectmen Minutes of August 11, 2010 8