HomeMy WebLinkAboutmin brd of selectmen 02152006
Present:
Town of Mansfield
Board of Selectmen (' If'i ') . " ,. II: 0 ,)
Minutes of February 15, 2006'.' : ,,: , .. v,.: , ,,)
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Town Manager John D'Agostino
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The Board of Selectmen's meeting was called to order at 7:00 p.m.
Motion: To enter into Executive Session for the sole purpose of discussing current
litigation and return to Open Session at the conclusion of the Executive Session.
(McCue - Amoruso)
Roll Call Vote: Dolan, aye; McCue; aye; Amoruso, aye; McCarter, aye
Vote: 4-0 Passes
Items discussed at the meeting included:
Financial Statements for December 2005
FY07 MMED Capital Budget
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Lynn Tokarczyk, Business Development Strategies, and Mark Peters, CFO, Innovative
Spinal Technologies, were in attendance.
Mr. D'Agostino began by saying that we have had discussions with Innovative Spinal
Technologies (1ST) possibly coming to Mansfield. Ms. Tokarczyk thanked the Board
and recognized Stephanie Mercandetti of Norfolk County, Ed Tartufo and Jay Barrows
on behalf of the Chamber. She explained that the presentation will be in three phases.
Mr. Peters provided background of Innovative Spinal Technologies and described the
company's mission. Their products are all on minimally invasive surgery platform and
one product received FDA approval in December 2005. Their expansion plans are: to
lease 58,000 square feet of space over 2 to 3 year period and would be approached in
two phases. The investment would be approximately $7 million, with an estimated $3
million in tenant & leasehold improvements and an estimated $4 million for machinery
and equipment.
Mr. Peters went on to say that from a job creation perspective, they would create 168
new full-time jobs over a 5-year period and many are technical by nature. The average
salary would be $90,000. Mr. McCue asked what the mean would be and Mr. Peters
said it would be slightly less. In addition to providing real estate investment and new
jobs in Mansfield, 1ST and its employees expect to spend over $1 million annual with
local establishments.
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Board of Selectmen Minutes of February 15, 2006
r Ms. Tokarczyk said that 1ST has not yet leased the property yet and plans to apply as a
Certified Project. They are attracted to the 5% EOA Investment Tax Credit and they
plan on submitting a TIF proposal for 5-10 years. 1ST has also met with
MassDevelopment with regard to a finance package. 1ST is working on local outreach
and will be joining the Tri-Town Chamber of Commerce. 1ST will be submitting a TIF to
the TIF Committee and hope to bring this to Town Meeting in May.
Mr. McCarter noted that he is supportive of 1ST's request. Mr. Amoruso asked about
the location of manufacturing. Mr. Peters said that the manufacturing is currently
outsourced but they are looking to do it in-house and hope to use local manufacturers
now and eventually doing it in-house. Mr. Amoruso asked what the level of jobs they
are looking for. Mr. Peters said that the positions they are looking for biomedical
engineers, clinical and regulatory people, machine operators, accountants, etc. - they
are looking for a wide-range of staff. Mr. McCue echoed the sentiments of Mr.
McCarter. Mr. McCue asked if we are going to look at the personal property being
exempt. Ms. Tokarczyk said that they would have to submit paperwork to the DOR to
be listed as a manufacturer.
Mr. Tartufo said that he has been a member of the ETA for a while and noted that most
of the TIFs are located in Mansfield and credit should be given to the Town and the
Town Manager. Mr. Barrows said that we have set policies to attract biotech companies
and noted that the Chamber is excited about 1ST coming to Mansfield.
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Mr. Achille thanked Mr. Peters for considering Mansfield and wished them good luck
with the TIF Committee.
Mr. McCue noted that businesses coming into Mansfield provide many varied job
opportunities for Mansfield residents.
Mr. McCarter noted that he will recuse himself from this hearing.
Michael Cataldo and Stephen Cerullo from the Catman Cafe were present for the
hearing, as was Town Counsel Robert Mangiaratti and Police Chief Arthur O'Neill.
Town Counsel said that he presents the documents to the Board, officers will testify, the
Chief will offer his comments and the licensee can speak to the Board.
The incident in question took place on December 18, 2005 at the Catman Cafe. The
certified mail notice of the hearing from January 26, 2006 was brought into evidence.
He also presented the CMR in question and presented a series of incident reports: a
letter from the Police Chief from June 2005; a police report from the December 18th
incident; and a formal letter from the Chief dated December 20th; and a memo from Lt.
Seekell outlining the events.
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Board of Selectmen Minutes of February 15, 2006
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Patrolman Jay Sparrow was called by Town Counsel. He has been employed by the
Police Department for 11 years. He was called to the Catman Cafe after dispatch
received a call from a woman indicating that the bartender was drunk and the caller was
having problems with the bartender. Officer Sparrow noted the bartender's speech was
impaired, her eyes were glassy and she was difficult to understand. Once Sgt. Martin
arrived, the female bartender was brought aside by Officer Sparrow and gave her a test
(pen test), one-legged test; and a nine-step heel to toe test, and she lost her balance
several times. She agreed to take a breathalyzer test, which indicated a .182 blood
alcohol level. Town Counsel asked Officer Sparrow if the bartender was the only
employee in the bar area and Officer Sparrow replied that she was, aside from the cook
in the kitchen. Town Counsel noted that the Officer found Mr. Cerullo at another
establishment and upon return, he closed down the bar.
Chief O'Neill stated he has been Chief of Police since 1993. Town Counsel asked if the
Chief believes that this incident violates the laws governing liquor licenses. The Chief
believes that this is an illegality because the bartender was not even in control of
herself, and she was supposed to be in control of the bar. Chief O'Neill said that since
2002, there have been 24 disturbance calls made related to the Catman Cafe. He
believes there are some serious issues of control and cited several instances. He
believes there is a pattern of uncontrollable behavior and a pattern of having a female
bartender there alone. Town Counsel asked if the Chief has any recommendations for
actions for the Board to take. He would like to see what plans the licensee has to
control this behavior.
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Mr. McCue asked if a cook was on duty in the other instances where the bartender was
alone and the Chief replied that he was aware of the cook being there in this instance,
but the cook's responsibility is not in the management of the bar. Mr. Dolan asked if
any of these fights went to court and the Chief replied that with most bar fights, people
just forget it.
Mr. Cerullo, Manager of the Catman Cafe and agrees with the Chief about the
problems. He immediately terminated the bartender in question and has since hired
three additional people. He admitted that he did have problems with this employee. He
noted that there is always a mature employee there until the end of the evening and has
cameras in the kitchen. If he is not there, there is someone else there. He noted that
the bartender was at the party at the Regent in the afternoon and he reminded her that
she had to go to work. Mr. Dolan asked what Mr. Cerullo is going to do to address the
problems. Mr. Cerullo said that we are taking on another partner and have advised
many patrons not to come back anymore. Mr. Cerullo said that a lot of the fights are
between people that know each other.
Mr. Amoruso asked what the staffing will be like and Mr. Cerullo said that there will
always be two people there (a bartender and a manager) in the evening. Mr. Cerullo
said that all of these instances have happened when he is not there. He noted that a
new employee and co-manager Doug McCarthy has been working there since January
1 st.
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Mr. Dolan expressed concerns about the number of instances occurring there and
believes it is totally unacceptable. He noted that if similar circumstances happened
again, he would have to take action.
Chief O'Neill said that he is pleased that Mr. Cerullo will have more staff on hand. He
does not want to create a situation where licensees are afraid to call the Police because
it will affect their license. He wants this establishment to mitigate the problem and keep
things under control. He hopes that the people working there are professional.
Town Counsel noted that the Board has guidelines for violations as well.
Mr. McCue brought up the issue of communication between the Catman Cafe and the
Police Department to ensure a comfort level. Mr. Cerullo said that he likes that there is
a cruiser out front on weekend nights at the end of the evening.
Motion: To state that a violation occurred subject to CMR
(Dolan - Amoruso)
Mr. McCue said that he is not going to vote that there was a violation and that attempts
have been made to work to ensure that proper staffing is in place. Mr. Achille noted that
he believes that a violation took place.
Vote: 3-1 Passes (with Mr. McCue voting in the negative)
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Motion: To send a letter of reprimand to Catman Cafe stating that the Board expects
the plan set forth to be implemented
(Amoruso - Dolan)
Mr. Amoruso thinks we should have something in place for future Boards and he
believes they are trying hard to do the right thing but he believes something should go
on the record. Mr. McCue asked about being kept informed and the Chief said that his
Department will keep the Board informed. Mr. Achille noted that a mitigating factor was
that Mr. Cerullo immediately terminated the employee.
Vote: 4-0 Passes
Town Counsel asked the chairman if he would like him to draft a letter for the Board's
review and Mr. Achille said yes.
Mr. Achille thanked everyone in attendance.
. Warrant No. 33 in the amount of $3,095,828.07
Motion: To approve
(Amoruso - Dolan) 5-0 Passes (with Mr. McCarter abstaining from check # 350661)
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. Warrant No. 34 in the amount of $ 2,457,618.35
Board of Selectmen Minutes of February 15, 2006
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r Motion: To approve
(Dolan - Amoruso) 5-0 Passes (with Mr. McCarter abstaining from check # 350762)
. Regular Session Minutes of February 1, 2006 Selectmen's Meeting
Motion : To approve
(Amoruso - McCue) 4-0-1 Passes (with Mr. Dolan abstaining)
:. Reappointment of Daniel Dalton, 750 Whittenton Street, Taunton, to the position of
Constable for a three-year term ending January 1, 2009
Mr. McCarter noted that the Police Chief has reviewed application and is recommending
approval.
Motion: To re-appoint Daniel Dalton to the position of Constable for a three-year term
ending January 1, 2009
(Amoruso - McCue) for discussion
Mr. McCue asked if anyone checks the references of the people signing the application
and Mr. D'Agostino said that we can ask the Chief. He noted that new applicants are
required to meet with the Police Chief.
Vote: 5-0 Passes
License Renewals: (all documentation and routing slips are in order)
. Class II Auto Dealer's License renewal for Clemmey Inc., 390 West Street
Motion: To approve & withdrawal of the previous license
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Mr. Dolan noted that this is a toolshed and Mr. Amoruso noted that the Building
Inspector signed off on it.
Vote: 4-1 Passes (with Mr. McCarter voting in the negative)
. Class III Junk Dealer's License renewal for Clemmey Inc., 390 West Street
Motion: To approve, rescinding the previous license
(Amoruso - )
No second - motion fails.
· Common Victualler License renewal for B-V Mansfield Senior Housing dba The
Village at Willow Crossings, 25 Cobb Street
Mr. D'Agostino said that repeated calls have been made by the Town to Willow
Crossings. The manager had sent the paperwork to the parent headquarters and
delays by the company held up the license renewal. Mr. D'Agostino noted that they are
dispensing alcohol without a club license. Apparently there was a change in ownership
of the company and there was an assumption that they did not need one because they
are not charging. Mr. D'Agostino said that they are taking appropriate action to
complete the paperwork. Mr. McCarter suggested a fine structure for businesses who
do not apply on-time.
Motion: To approve
(Dolan - Amoruso) 5-0 Passes
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Board of Selectmen Minutes of February 15, 2006
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~ Mr. McCue said he would like to re-introduce the Class III license. He noted that the
Building Inspector and the Planning Department have signed off on it.
Motion: To approve Class III & rescind the previous Class III
(McCue - Amoruso) for discussion
Mr. Amoruso bases his decision on the comments from staff and the fact that this is a
renewal. Mr. Dolan expressed his concerns about the renewal of the license. Mr.
McCarter noted that he doesn't believe that the building doesn't look like a building.
Vote: 3-2 Passes (with Mr. Dolan and Mr. McCarter voting in the negative)
Motion: To send copy of Town Counsel's letter to all Class II & III Auto Dealers license
so that they may be in compliance for next year
(McCarter - Amoruso) 5-0 Passes
Mr. Amoruso asked that the letter be amended to include Class III Auto Dealers
Mr. Amoruso noted that the applicant stated that the license is being used to sell junk
parts.
Water Installers License: (All documentation is in order and the Water Operations
Manager is recommending approval)
. Cat Alley Farm, 158 Gilbert Street, Mansfield
Motion : To approve
(Amoruso - McCue) 5-0 Passes
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Orainlaver's License Renewal: (All documentation is in order and the Town Engineer
is recommending approval)
. Turner Brothers LLC, 34 Bellows Road, Raynham
Motion: To approve
(Dolan - Amoruso) 4-0-1 Passes (with Mr. Amoruso abstaining)
. JRD, Inc., 3 Sammy's Lane, Assonet
Motion: To approve
(Dolan - Amoruso) 5-0 Passes
. Annual Report from the Bristol County Mosquito Control Project to the Town of
Mansfield.
. A copy of the 2005 Annual Consumer Complaint Form, "Form 500", from Comcast,
which tracks customer complaints from Mansfield residents.
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. Memo from DPW Lee Azinheira clarifying the difference between a drainlayer's
license versus a water installer's license.
Board of Selectmen Minutes of February 15, 2006
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."'- . Memo from the Finance Committee regarding the 2007 Annual Town Meeting
budget presentation.
. Email from a resident regarding the traffic problem on Branch Street.
. Letter from Planning Board member Doug Annino informing the Board of his
involvement in the proposed 16-unit residential development on Rumford Avenue
and noted that he will excuse himself from voting or taking part in any discussions
regarding this project.
. Letter from a young resident regarding the location of the police firing range. A copy
of letter was sent to the Police Chief.
. Copy of letter sent to the ABCC from the attorney of Cork's Fine Wine & Liquors LLC
relative to signage change.
. Memo from Town Manager John D'Agostino regarding the appointment of Home
Consortium Representative for Mansfield.
. Email from a resident regarding street light outages at various locations. A copy of
email was sent to Light Department Director Gary Babin for action and response.
~ . Email from a resident regarding the roadway speeds in Mansfield and noted the
speed of the traffic on Branch Street.
. Letter from Transportation Secretary John Cogliano stating that his office received
confirmation from the Federal Highway Administration that the Commonwealth's
federal funding for the current fiscal year is approximately $59.6 million less than
had previously been projected. In addition, the federal funding allocation to the
Statewide Road and Bridge Program for this year needs to be reduced by an
additional $26.7 million to account for the effect of decreased federal funding
experienced at the end of last year.
Mr. McCue asked the Town Manager why this happened. Mr. D'Agostino believes that
they are trying to reduce the deficit on the federal level. He thinks more this might
happen as time goes on. Mr. Amoruso asked if the 495 southbound ramp funding on
the state level is okay and Mr. D'Agostino replied that he believes that state money has
been secured for design.
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Board of Selectmen Minutes of February 15, 2006
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r- . Memo from Town Engineer John Sullivan requesting Board to review draft response
letter to MassHighway's request to close West Street for 12 months to reconstruct
the West Street Bridge over the Wading River.
Motion: To support
(Amoruso - McCue) for discussion
Mr. McCue asked if a call has been placed on lifting the weight restriction. Mr.
D'Agostino said that we will be making some improvements so that the restriction can
be lifted.
Vote: 5-0 Passes
. Memo from DPW Lee Azinheira regarding a damaged mailbox at 40 Lantern Lane.
. Memo from Water Operations Manager Kurt Gaffney regarding the 2006 Water
Connection Policy.
Motion: To approve the 2006 Water Connection Policy effective January 1, 2006.
(Amoruso - McCue) 5-0 Passes
. Memo from Treasurer/Collector Richard Boucher regarding refunded bonds. Mr.
McCarter noted that the Board needs to sign replacement bonds. No vote needs to be
taken since this has already been voted - this is part of the refunding that was done last
fall.
Motion: To sign refunded bonds
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Mr. D'Agostino noted that the Town needs a representative to the HOME Consortium,
as there is funding available. Having a voice at the table is important and he noted that
he would be willing to be the representative.
Motion: To appoint Mr. D'Agostino to the HOME Consortium
(Dolan - Amoruso) 5-0 Passes
The Town Manager reported the following:
. We are completing budget reviews with staff and will be scheduling a second round
of meetings with the Finance Committee and staff. The Five-Year Forecasting Plan
sub-committee met. One of the desires was to get the School Department to move
to the MUNIS system. With that "marriage", we can begin to get these forecasts on
a yearly basis.
. We are going to need to set up a TIF Committee meeting with 1ST and hope to have
a recommendation to the Board. The warrant closes on March 1st and notification
has been sent to departments.
r-- · We are moving forward with the Annual Town Report process and hope to have the
report in the prescribed period of time.
Board of Selectmen Minutes of February 15, 2006
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. On February 27th and 28th, as well as March 8th, he will be out of the office having
surgery and he may appoint Lee Azinheira as the Acting Town Manager if
necessary.
Mr. McCue:
. He spoke with the Finance Committee Chairman and they discussed the possibility
of postponing the Town Meeting until May. He noted that there is a chance that the
Town Meeting will mostly be postponed. Mr. D'Agostino noted that he will get a
schedule of possible dates from the Town Clerk.
Mr. McCarter:
. Asked if we can reserve a spot on the warrant for a proposed parking authority. Mr.
D'Agostino said that we will do so.
. We have Executive Session minutes that can probably be released and asked if we
can have Town Counsel look into the minutes.
. Asked about reimbursement for the Special Election. Mr. D'Agostino said that we
will get a nominal amount back.
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Mr. Achille:
Mr. D'Agostino has noted that his desire to stay in the role as Town Manager and his
renewal of the Town Manager's contract.
Motion: To renew the contract pursuant to negotiations of the three-year contract
(McCue - Amoruso) 5-0 Passes
Mr. McCue noted that we will have to get a couple of people to work on that.
Motion: To adjourn at 10:34pm
(McCue) 5-0 Passes
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Signature of (Acting) Clerk
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Date of Approval
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Board of Selectmen Minutes of February 15, 2006
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