HomeMy WebLinkAboutSELECTMENminutes08282007-20070911144556
Town of Mansfield
Board of Selectmen
Minutes of August 28, 2007
Present: Chairman Louis Amoruso, Vice Chairman Sandra Levine, Commissioner
George Dentino, Commissioner David McCarter and Town Manager John D' Agostino
At the conclusion of the Light Commissioner's meeting, the Selectmen's meeting was
called to order at 8:55pm.
Chairman Amoruso's first order of business was a Tweeter/TPC request for a parking
plan with a waiver of a one time vehicle charge. He stated that it appeared to be in order
and was ready to approve. He noted that it had been in effect for the past two years.
Motion: To approve the Tweeter/TPC request for the waiver of a one time vehicle
charge. (McCarter/Dentino) Passes 4:0
Chairman Amoruso then stated that the FINCOMM had previously requested that the
Board meet with the School Committee in order to put together subcommittees on six
items. Chairman Amoruso said he had sent a letter to the School Committee but had
never received a response. He was aware, however, that "~t a prior FINCOMM meeting
the School Committee members did agree to this. Chairman Amoruso recommends
assigning a Board member to each of the six subcommittees plus an alternate for each.
Although Clerk Baldwin was not in attendance at this evening's meeting she had
previously expressed interest in the Public Safety COhunittee 'and the Capital Projects
Committee.
The following appointments were made:
Committee Appointee
Salaries & Benefits George Dentino
Union Contract Negotiations George Dentino
Consolidation Sandra Levine
Reserves Goal David McCarter
Public Safety Ann Baldwin
Capital Projects Sandra Levine
Back-up appointee
. $~dra Levine
Lou Amoruso
Lou Amoruso
Lou Amoruso
David McCarter
Ann Baldwin
Selectman Dentino said that since the last Board meeting,'l1e had given thought to the
subject of obtaining special counsel in regards to the recallot Selectmen McCarter and
Amoruso and had also spoken with members of other towns. .. He did not believe that the
Town should be paying for counsel to challenge something the Town Clerk had worked
on and handed over to the Board. He also didn't think the motion to seek other counsel
should have passed as he voted against the motion, Vice iChairinan Levine voted in favor
of the motion and he did not believe that either Chairman Amoruso or Selectman
McCarter had the right to vote as they would be receiving a direct benefit.
Selectman McCarter told Selectman Dentino that he was wrong and that he had checked
with the Ethics Commission. He was told that the Board (as long as there were three
votes) has the right to vote to fund the special counsel. Chairman Amoruso also stated
that he has no difficulty with this.
Selectman Dentino believed the Town Clerk should be supported; He then said he does
not want to spend any more of the Town's money as the residents are the ones who
signed the recall petition. He believed Selectmen McCarter and Amoruso should spend
their own money. Selectman McCarter reminded himthilt it is his responsibility to
uphold the Charter. Selectman Dentino answered that he didn't think there was any
wrongdoing in regards to the recall procedure.
Chairman Amoruso said he wants to do things properly. He stated that he and Mr.
McCarter have the right to sue but doesn't think it sets a good precedent. He also said he
does not desire to sue the Town or the Town Clerk He thinks there needs to be a
determination of the legality of the approach and believes this will end up saving money
on both sides. .
Vice Chairman Levine reminded Selectman Dentino that 'seeking outside counsel was
done because he said he didn't have faith in Town counsel and was not comfortable with
them. Selectman Dentino said that he never made that statement.
Chairman Amoruso then announced that Town Manager D;Agostino has already sought
outside counsel, Petrini & Associates, and has received a. response from them. Town
Manager D'Agostino said he did receive their opinion late~the day but unfortunately,
did not as of yet, have copies to give to each of the Boardinembers. He said Petrini &
Associates was experienced and was well recommended. .
Selectman Dentino said that at last Wednesday's meeting't1i~ Board had discussed this
matter but he did not understand how anyone had gotten the idea to go ahead and seek
outside counsel.
Chairman Amoruso responded that the Board had said they'd move as fast as possible.
He added that he wanted to make it clear that he would not be stepping down. He
questioned the Board as to when they wanted to 10bkat the opinion Town Manager
D' Agostino had obtained. He reiterated that they had agreed to do this as quickly as
possible. Selectman Dentino stated that he thought the subject of whether or not to seek
outside counsel was to be discussed at tonight's meeting. '.
Vice Chairman Levine asked if there was a fee for this. "Town Manager D' Agostino
believed Petrini & Associates rate was $255 per hour. Vice Chairman Levine stated that
it is an outside counsel, it's what the Board had asked for andthat she was satisfied.
Town Manager D' Agostino said he would make copies of the opinion and distribute them
to the Board members the next day. It was decided that the Board would address this at
the next Selectmen's meeting.
Chairman Amoruso asked Selectman Dentino if he wanted Selectman McCarter and him
to sue the Town. He stated that would be their only option. .. He lilso said he doesn't have
a problem moving forward as long as the recall process was properly followed. He
believes that moving forward, if the recall process has notbeenproperly followed, would
be a violation of the oath of office of following the Charter.
Selectman Dentino said he thinks Selectmen Amoruso and. McCarter should be able to
exercise their rights as individuals. He believes, however, they should not be allowed to
vote on it as they would be getting their counsel paid for which is a direct benefit.
Town Manager D' Agostino reminded the Board that they did vote to go forward with
this. Chairman Amoruso added that both Selectman McCarter and he called the Ethics
Commission and got the same answer, that as long as they're not paid; they had the right
to a vote.
Motion to adjourn at 9:20pm (Levine) passes 4:0
Respectfully submitted: Jacqueline Lee 9/5/07
Signature of Clerk
Date of Approval