HomeMy WebLinkAboutSELECTMENminutes08222007-20070911144500
Town of Mansfield
Board of Selectmen
Minutes of August 22, 2007
Present:
Chairman Louis Amoruso, Vice Chairman Sandra Levine, Selectman McCarter,
Selectman George Dentino, John D'Agostino, Town Manager
The Board of Selectmen's meeting was called to order at 7:30pm, followed by the Pledge
of Allegiance.
Acting Clerk McCarter read the recall petition from Keith Purrier, 81 Ware Street.
Chairman Amoruso stated the conditions of recall provided for in the Town Charter/State
Law. There is a discrepancy of the timing of the recall vote between the Town Charter
and MA Law. The discrepancy has been looked into by the Town Clerk and will be rectified.
Selectman Dentino stated he has a devious mind during the discussion of the recall
process and Mr. Purrier loudly clapped his hands. Chairman Amoruso warned Mr. Purrier
not to disrupt the meeting or he will be asked to leave.
Chairman Amoruso stated he would like to send this matter to an independent counsel to
ensure that the flaws in the petition are not such that would nullify the recall petition.
Selectman Dentino feels that hiring special counsel is a waste of money as the Town has
spent enough on this case. Chairman Amoruso stated that a special election will likely cost
7 to 8 thousand dollars; does Selectman Dentino think that is a waste of taxpayer money?
Selectman Dentino responded that it probably won't cost more than 4 to 5 thousand
dollars not the higher amount quoted and he feels that is money well spent.
Motion: To send this to independent counsel for review and continue with the recall
process. Vote, to send the recall letters to Chairman Amoruso and Selectman McCarter.
(Levine/McCarter) 3:1 passes (Dentino nay)
Next Wednesday Chairman Amoruso will be holding office hours from 7-8 pm to hear from
residents that have concerns since questions and comments has been absent from the past
meetings. Q& C will resume in September.
Informational meeting presented by Town Engineer John Sullivan and consultant Mark
Mitsch of Weston and Sampson Engineers.
Board of Selectmen Minutes of August 22, 2007
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This meeting is a follow up to the meeting held with the Board on December 6, 2006.
More detailed design plans are now available in preparation for a filing with the
Conservation Commission for the September 10th meeting. Unfortunately the trees along
the top of the earthen dam have become a problem and the trees most likely will be
removed. Although the dam was originally permits to allow trees along the structure
current dam regulations from DEP disallow trees and it is always a concern during the bi-
yearly inspection.
Resident (166 Dean St) had questions about tree removal along the back of her property.
There will be no tree or vegetation removal on private property. Permitting should be done
by the spring and construction will most likely last through the fall of 2008.
There has been and continues to be a problem with weed/invasive species control along the
pond and the Board wonders if there is something that can be done about that. Mr.
Sullivan will consult with Conservation on this matter.
Attorney Mark Roberts, the environmental consultant for the Town presented a brief
history of the Stearns Ave landfill. He also presented a Design Investigation Work Plan
and Health and Safety Plan prepared by Weston & Sampson Engineers, Inc. dated July 3,
2007.
This Work Plan defines the field investigations necessary to complete the landfill closure
design. The Work Plan involves two tasks and is accompanied by a site specific Health &
Safety Plan. The two tasks will be filter cake sample collection followed by a site
investigation by Weston & Sampson design engineers.
Selectman McCarter asked if the PE in the filter cake is not classified as hazardous why
does it have to be removed. Attorney Roberts stated that DEP assumes the worst of a
substance even if they don't decide to classify it as hazardous. (Even though it is not
classified it is considered a public safety/welfare issue so it is treated conservatively.)
A lengthy discussion ensued about the capping of the landfill and possible reuses of the
land in the future. Attorney Roberts hopes to see the landfill capped by next summer.
The Board will also hold a workshop soon to discuss possible reuses of the land.
Board of Selectmen Minutes of August 22, 2007
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· The draft RFP for 11 Shawmut Ave has been available for the Boards review and
Mr. D'Agostino to get their comments so the RFP process can continue.
· Street repaving and construction. See branch st notice from Sully
Selectman Levine would like the construction schedule to be posted on the town
website.
· Warrant No. 07 in the amount of $1,502,867.97
Motion: To approve warrant No. 07 in the amount of $1,502,867.97
Selectman McCarter abstains from check # 373660
Selectman Levine abstains from check # 193874
(Levine/McCarter) 3:0:1 passes (Dentino abstains)
· Warrant No. 08 in the amount of $1,643,618.44
Motion: To approve warrant No. 08 in the amount of $1,643,618.44
Selectman McCarter abstains from check # 373876
(Levine/McCarter) 3:0:1 passes (Dentino abstains)
· Board of Selectmen Session meeting minutes of July 25, 2007
Motion: To approve minutes. (McCarter/Dentino) 3:0:1 passes
Levine abstains
· Board of Selectmen Session meeting minutes of August 8,2007
Motion: (Dentino/Levine) 3:0:1 passes McCarter abstains
· Request for Water Connection Approval. 5 lot Appaloosa Estate Subdivision.
(Approval recommended by Water Operations Manager)
Motion: Move to approve (Levine/McCarter) 4:0 passes
· Request for Water Installer's License from Dezotell Excavating Co.
(Approval recommended by Water Operations Manager)
Motion: Move to approve (Levine/McCarter) 4:0 passes
Board of Selectmen Minutes of August 22, 2007
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· Request for Water Installer's License from P & E Construction Inc.
(Approval recommended by Water Operations Manager)
Motion: Move to approve (Levine/McCarter) 4:0 passes
· Request for Drainlayer's license from A. DiMartino Construction Inc.
(Approval recommended by Town Engineer)
Motion: Move to approve (Levine/McCarter) 4:0 passes
· Request for Drainlayer's license from P & E Construction Inc.
(Approval recommended by Town Engineer)
Motion: Move to approve (Levine/McCarter) 4:0 passes
· Application for parade permit from Christine Leemon, Mansfield Shelter Friends,
for pledge walk on Sept. 8th from 8:30 - 9:30AM
Motion: Move to approve (Levine/McCarter) 4:0 passes
· RARE Hospitality dba LongHorn Steakhouse request for change of officer
on file for All Alcohol Liquor License.
Motion: Move to approve (Dentino/Levine) 4:0 passes
· Village at Willow Crossing Wine and Malt license approval back from ABCC.
License is ready to be signed.
Motion: Move to approve (Levine/McCarter) 4:0 passes
· Black Angus Steakhouse in no longer coming to Mansfield Crossings. Does the
Board want to send a letter asking for the All Alcohol license to be turned in?
Motion: Send letter to ask for license. (Dentino/Levine) 4:0 passes
Send copy to Chief O'Neill.
· Request from Eric Baldwin, Championship Director, for one time per vehicle parking
charge to be waived for event parking at the Tweeter Center during the
Championship. Parking plan attached.
Motion: To contact Mr. Baldwin regarding event parking license and follow up at
next meeting. (Dentino/McCarter) 4:0 passes
· Request from Eric Baldwin, Championship Director, for building permit fees for the
tents located at the Tweeter Center to be waived during the Championship.
Motion: Move to approve (Dentino/McCarter) 4:0 passes
Board of Selectmen Minutes of August 22, 2007
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· Request from Kristi Johnson, SE Mass Arts Festival, for building permit fees to be
waived for the erection of tents on the South Common for this year's event. The
event will be Sept. 22nd and 23rd.
Motion: Move to approve (Levine/McCarter) 4:0 passes
· Request from Helen Christian, Town Clerk, to vote to appoint election workers for a
one year term from September I, 2007 through September 1,2008. A list of
workers is attached.
Motion: Move to approve (Levine/McCarter) 4:0 passes
· Carried over from last meeting: Request for a stop sign at the intersection of
River Street and Howe Street from resident Stephen Spilewski. With the addition
of 75 commuter spaces on River St. this has increased the volume of traffic down
this St. and nobody stops at the intersection. Officer Lawson has indicated no
objections to this request.
Motion: Move to approve (Levine/McCarter) 4:0 passes
· Request from Sheila Buck, 70 Stearns Ave, looking for proclamation for her father
Harry Melfie. Mr. Melfie was a long time resident that was very involved in the
community.
Motion: Move to approve (Levine/McCarter) 4:0 passes
. Request from Keith Purrier, Chairman of the Billy Kelly Memorial 5K Road Race.
He is requesting approval to hold this race on Sunday, November 18, 2007 at
11:00AM starting at the Holiday Inn through the Business Park and back to the
Holiday Inn. Police and Fire have already signed off on this request.
Motion: Move to approve (McCarter/Dentino) 4:0 passes
· 9 email requests from people asking the Board to issue the Request for Proposal
(RFP) for the Shawmut Ave property.
. Public invitation for Special Olympics Unified Sports Soccer informational.
Overview of the program and what to expect this season. August 28t\ 6:30PM at
the Faith Fellowship United Methodist Church. 9 N. Main Street.
· Letter from resident Martin Swartz stating his full support for the Board and
Town Manager John D'Agostino. He states that the recall petition group is going on
pure emotions and not facts.
· Letter from resident Thomas Fuller stating that he is discouraged by the display of
residents and board members at the last Selectman's meeting. He further states that
Board of Selectmen Minutes of August 22, 2007
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Board meeting are not the appropriate place for holiday costume attire, it is unprofessional
and it takes away from the meeting.
· Letter from resident Michael Ferrari asking the Board to dismiss the Town Manager. Mr.
Ferrari also requests that outside counsel by hired to determine if the Board should ask for
Mr. D'Agostino's resignation or remove him until the Federal Court makes final judgment on
the case.
· Letter from resident Greg Becker asking the Board to dismiss the Town Manager. Mr.
Becker does not understand why the Board/Town Manager told the Electric Dept. not to
renew their liability insurance with a pending lawsuit against them in addition to several
others questions.
· Letter from Mark Cuddy, Insurance Agent for the Town. Redland Insurance Company has
provided for many years the Town's Employment Practices Liability Insurance (EPLI)
coverage as an endorsed coverage to the Town's Public Official Liability (POL) policy. At the
POL renewal of 7/01/03, Redland Insurance discontinued offering this coverage for the
Electric Dept. based on the past loss history of the dept. Mr. Cuddy's agency sought several
quotes for this coverage and received nineteen declinations to quote.
· Mr. Cuddy further states that in 2002 and again in 2003 the Electric Dept.
attempted to purchase its own EPLI insurance and was unable to even get one
quotation from Marsh, the largest insurance broker in the world.
No Q& C this meeting
. Old business from Chairman Amoruso: None
Old business from Selectman Dentino: Questions about Woodworth and Current
report. Issues of geotec fabric under playground.
Also, former Selectman McCue did an evaluation of the Town Manager when he
was told no he wasn't. Also ongoing questions about Gourmet to Go, grease trap
and water temperature issues again. Town Manager D'Agostino will look into
further and contact the State if necessary to resolve matter once and for all.
Board of Selectmen Minutes of August 22, 2007
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Selectman Dentino wants Mr. D'Agostino to resign his position as Town Manager as
he was found guilty of wrong doing and misconduct under the charter and should
do the right thing.
Motion: To ask the Town Manager if he is interested in resigning. (Dentino) Levine
for discussion.
Motion: To amend the previous motion. To ask the Town Manager to resign.
(Dentino/Levine) 3:1 fails.
· Old business from Chairman Amoruso: No school parking put up at Library/Senior
Center. Memo from Chief O'Neill regarding enforcement of parking restrictions.
.
· Motion: to extend meeting ten minutes. (Dentino/Levine) 4:0 passes
.
. Old business from Selectman McCarter: None
. Old business from Selectman Baldwin: None
. Old business from Selectman Levine: None
· New business from Selectman Levine: None
. New business from Selectman Baldwin: None
· New business from Selectman Dentino: None
. New business from Chairman Amoruso: None
· New business from Selectman McCarter: None
Motion: To adjourn at 11:15pm
(Levine) 4-0 Passes
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Date of Approval
Signature of Acting Clerk
Board of Selectmen Minutes of August 22, 2007
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