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HomeMy WebLinkAboutSELECTMENminutes09052007-20070927115426 Town of Mansfield Board of Selectmen Minutes of September 5, 2007 Present: Chairman Louis Amoruso, Vice Chairman Sandra Levine, Clerk Ann Baldwin, Selectman George Dentino, Selectman David McCarter, John D'Agostino, Town Manager The Board of Selectmen's meeting was called to order at 7:30pm, followed by the Pledge of Allegiance. Announcements: Annual Fly-In and open house at the Mansfield Airport on September 8th from 9:00am to 3:00pm. Selectman Levine stated that she had just toured the airport and was amazed of all the changes that the airport has undergone in the past years. 100 airplanes fly in and out of the airport on a daily basis and it is now the 5th largest municipal airport in the Commonwealth. Questions and Comments are on this week however, please use sign up sheet posted on back door to ensure there is adequate time. . Warrant No. 09 in the amount of $8,243,548.76 Motion: To approve warrant No. 09 in the amount of $8,243,548.76 (Levine/McCarter) (Mr. McCarter abstaining from check # 374150) 3:0:2 passes (Dentino abstains) . Warrant No. 10 in the amount of $4,729,481.07 Motion: To approve warrant No. 10 in the amount of $4,729,481.07 (Levine/McCarter) (Mr. McCarter abstaining from check # 374360) 3:0:2 passes (Dentino abstains) . Board of Selectmen Session meeting minutes of August 22, 2007 Discussion: Selectman Dentino stated that there was a lengthy discussion on the landfill and that the final Dam design came out $135 thousand less than original design. He would like to know why specific detail of the Dam discussion and Hercules weren't relevant and what was so relevant that his statement in the second paragraph of the first page was included? Selectman Dentino objects to the inclusion of the comment that he has a devious mind and Keith Purrier clapping for him. Mrs. Doucette has stated that she chooses which info to record in the minutes however he doesn't see the reason behind it. Board of Selectmen Minutes of September 5, 2007 1 Chairman Amoruso stated that these are draft minutes and these sort of questions should be asked prior to the meeting. If you want a comment redacted please move it. Motion: To redact second paragraph of first page recall discussion. (Dentino/Baldwin) Baldwin withdraws second as she was not at the August 22nd meeting. Motion fails. Motion: Move to approve. (Levine/McCarter) 3:1:1 Passes (Dentino nay, Baldwin abstain) · Board of Selectmen Session meeting minutes of August 28, 2007 Motion: Move to approve. (Levine/McCarter) 4:0:1 Passes (Dentino nay, Baldwin abstain) · Request for Drainlayers License from S.E. Luttazi & Sons Inc. (Approval recommended by Town Engineer John Sullivan) Motion: Move to approve. (Levine/McCarter) 5:0 Passes . Request for permission to hold Bike-A- Thon on Sunday, October 28th. This would start at the Jordan Jackson School, proceed down Ware Street to Branch Street out to East Street and back to the schools. Contact Greg Arnold for more info or questions. Selectman Levine asks if Branch St. will be still under construction during this time. Is it possible to provide alternative route that is not under construction? John will speak with staff and applicant. This application will be discussed at the next meeting after possible alternative plans are discussed. · Request for block party from John Cooney at Janet Lane on September 22nd from 4pm to 1Q:OOpm. Police and fire have approved. Motion: To approve. (McCarter/Baldwin) 5:0 passes · Memo from Town Manager John D'Agostino regarding BOS subcommittee appointments. · Memo from Town Engineer John Sullivan regarding Mass highway response to Mansfield's 75"0 submission comments for rehab of Chauncy St. underpass project. Board of Selectmen Minutes of September 5, 2007 2 · Memo from Recreation Director Lorilee Fish regarding the new community calendars. They are available at the Library, COA and select town offices. · Application from Catherine Ann Memory for service on the Board of Health To have Ms. Memory come in next meeting for an interview. · Application from Vanessa Garufi for service on the Animal Welfare Committee Ms. Garufi is currently an alternate. However, she is not a registered voter as she is a resident alien. Town Charter states that you be a voter to serve on a committee. Selectman Levine suggests the Board have Ms. Garufi come in for interview to learn more info. · Follow up from Betty Amicone on Mass Recycles paper campaign. She is requesting a resolution in support of the program to be approved by the Board. Motion: To support program and sign resolution. (Levine/Baldwin) 5:0 passes · Letter from Water Operations Manager Kurt Gaffney requesting Phase I water restriction extension to October 1, 2007. Motion: To extend phase I water restriction to October 1, 2007 (Levine/McCarter) 5:0 passes IIFairfield letter to John Sullivan read. They comment on the agreement to give the Town $75 K towards use of a sewer sleeve. They are looking for a letter from the Town confirming this agreement. This money will go into the General fund and then a vote at Town Meeting will have to be taken to transfer the funds to the sewer account. Selectman Dentino would like to have a workshop on this topic. He states that it will take 3.5 million dollars to bring a sewer line under the railroad tracks. He does not see the benefit to the Town. It is still unclear to him which buildings in the business park are on sewer vs. septic. Mr. D'Agostino states that the pump stations are failing and the Town would like to pursue a change in sewer flow/capacity from a pump station flow to a gravity flow; which would be done in stages. Selectman Dentino does not believe this change over is necessary and would still like to see sewer utilization numbers for business park tenants to determine need. A meeting will be held with staff to discuss this in the near future. Board of Selectmen Minutes of September 5, 2007 3 . Tri- Town sewer meeting on Thursday, September 6th at 7pm. · September 17th @ lOam ribbon cutting ceremony at 651 S. Main St. Housing authority partnership between the state and town to complete parking lot project. · September 20th lOAM coffee hour with Seniors at the COA · Discussion on whether or not to join the GIC health insurance collaborative. A future discussion with Paul Mulkern, Health Care Consultant, needs to be held before Town Meeting as joining would require TM vote. We are currently in a 19 town collaborative that has worked well. However if some of the towns left the collaborative Mansfield would have to look at the GIC plan closer. The fire fighters union does not support being in the group. The GIC plan does not offer Blue Cross/Blue Shield at this time. There are some benefits though; the GIC bargains for benefits and rates collectively. The change plan benefits when ever necessary as well. Under our current system any change has to be done with each of the 14 unions in town. There are also many other considerations to think about with either plan. Daniel Pascucci, remarks about email correspondence about disruptive meetings. He states that the audience has been mistreated at the meetings. His letters have not been answered regarding this. Chairman Amoruso stated that while they try, the Board is not obligated to answer all letters and emails sent to them. Mike Ferrari, remarks about absence of Town Clerk. The Town does not have a person that can fill in for the Clerk in all capacities under the Town Charter. The Assistant or Acting Town Clerk can not perform all the functions of the Town Clerk under the Charter. The Charter would have to be changed in order for this to happen. Mr. Ferrari also outlined a previous email to the Board in relation to the validity of the recall in relation to the Town Clerk's stamp. He asks if a notary stamp ensures the validity of the document or statement. A revised executive order changes the format of the notary procedures but it does not invalidate any documents using the formerly designed stamp. The signatures of the 702 registered voters remain certified unless a judge says otherwise. The BOS should go forward and set an election date for the recall as required by charter. Also, the special town counsel letter has not been made public as he feels it should be. Robert Goldman, spoke about Section 9.6 of the Town Charter.that cites recall procedures. Mr. Goldman states that employing special counsel is illegal as it is a violation of the Charter. The Board needs to set the recall election date and let the voice of the people be heard. Board of Selectmen Minutes of September 5, 2007 4 Greg Becker, states that in the private sector someone is always held responsible for action/inaction. Who is responsible for verdict amount of settled lawsuit? Chairman Amoruso stated decisions are made collectively and in the best interest of the Town, and often under the advice of counsel. No one person is solely responsible for the verdict outcome. There are many people involved in making important decisions in Town so you can't really hold one person up for failed cases or causes. The Board has directed the Town Manager to engage in many issues or suits over the years that the Town has both won and lost. Chairman Amoruso and Selectman Levine state that the Board is made up of residents of the town just like the audience. They do not hold themselves above the rest of the community and try to represent the interests of the townspeople the best they can. Mr. Becker would like to know why the 10 members of the jury found the Town and the Town Manager at fault. Mr. Becker states he realizes the BOS are all volunteers that serve the Town to the best of their ability and he does appreciate that. However, they do need to analyze the failure of the case and the actions of the Town Manager. An investigation should be conducted to ensure this situation does not occur again. He further states that people feel the Board is ignoring the whole situation. Selectman Levine comments that one never knows when or why someone will file a lawsuit. Would you have the Town not defend themselves against such allegations? Based on the information the Board had, the BOS and Town Counsel felt they had a good chance at winning this case. She further clarifies that sexual harassment charges were never part of the trial nor the jury verdict so please do not imply they were. Mr. Becker states that he is not being a Monday morning quarter back but that someone needs to be accountable for this situation. The Town should have settled this a long time ago. Also, why was the case not settled before it when to court? He is frustrated that the townspeople do not know the whole facts of the lawsuit. Selectman Levine stated that they cannot discuss case facts before the whole case is settled. Selectman McCarter states that Mr. Beliveau did not want to settle his lawsuit, the Town tried to. He goes on to say that the Town had an excellent defense in Mr. Larch's case but they still lost somehow. Mr. D'Agostino states that the State of MA is very sympathetic with employees vs. employers and that Mr. Larch had an employment contract with the Town that they choose not to renew and the jury still found in favor of the plaintiff. Mr. Beliveau was an at will employee that was terminated under just cause advised by counsel. So you never can tell. Board of Selectmen Minutes of September 5,2007 5 Mr. Becker states that none of this recall election nonsense would be needed if the two newest Board members would support an investigation into grounds for the Town Manager's dismissal. The people feel they are not being forthright in discussing this case. Selectman Levine states that if the Board feels that if the Town Manager has acted inappropriately they will handle it in private. It would be poor practice to flog an employee in public and the BOS will not do that. Rest assured the Board is looking into the failure of the case but is not being done publicly until all the facts are reviewed and the case is fully settled. Chairman Amoruso states an investigation was conducted four years ago and the Town Manager's actions were also investigated by MCAD and counsel and Mr. D'Agostino was found not to be in violation of any charges. Mr. Becker makes the assumption that the BOS hasn't investigated why the case was lost and if the Town Manager was to blame. The Chair further states that he is disturbed that Mr. Becker would make these assumptions without knowing all the facts. Selectman Dentino states that accountability is lacking from Board of Light Commissioners and Mr. D'Agostino as they were named in the lawsuit. Selectman McCarter stated that the Board was not named in the court verdict findings. The Town of Mansfield and Mr. D'Agostino as the Town Manager were named. Selectman Dentino then read the jury verdict questions that state the Town Manager is responsible for loss. He further states that is proof enough that the Town Manager should be dismissed. He feels that BOS is ignoring the verdict. Selectman Baldwin states that she is not opposed to legal review of the Town Manager's actions. Mr. D'Agostino also reads the jury verdict questions that exonerate him from any wrong doing. Chairman Amoruso states the BOS as individual members have reviewed case and will discuss the details as soon as possible. He is also frustrated that there is so much half truths and misconceptions going around and would like nothing more than to clear the air. No one is more upset about the conclusion of this case than he or the Town Manager. He will comment on all questions as soon as he can. Selectman McCarter would like to add to Section 19:D (Quorum and voting) of the BOS operating procedures. He would like to add a sentence that says "Any member choosing not to vote should make a public declaration as to the reason for his abstention. " He feels it is important to know why any abstention is made as far too many abstentions have been made lately and he has become suspicious. Board of Selectmen Minutes of September 5,2007 6 Selectman Dentino states that the Board should be following Roberts Rules not McCarter's rules. Selectman McCarter and other Board members state that the Board follows the BOS operating procedures. Selectman Levine states that she has no problem stating a reason for an abstention. It is only fair to the people that they know why a Selectman is not voting on an issue. Selectman Levine asks if this is a "must" or "shall" disclose reason for abstention? Selectman McCarter stated that he would amend motion to say "shall disclose." Motion: To change policy as stated above (McCarter/Levine) 4:0:1 passes Dentino abstains due to the fact he is suspicious. The Board reviewed the opinion letter from special town counsel, Attorney Christopher Petrini. Attorney Petrini recommends that (after his review of the recall election proceedings) that the pending election be canceled as the petitioner did not meet the threshold to trigger a recall process under Section 9-6 of the Mansfield Home Rule Charter. Selectman Dentino asks how much did this cost us? Mr. D'Agostino stated that he will get the total cost for the Board tomorrow as we have not received an invoice yet. The BOS directed Mr. D'Agostino to contact Attorney Mangiaratti in relation to finding suitable counsel for this review at the last meeting. They wanted someone who could attend to this quickly as they wanted to review the opinion at the following Tuesday's Light Commissioners Meeting. Selectman Dentino does not recall this conversion from that meeting. He thought that the selection of special counsel was going to be discussed at the Light Commissioners Meeting. Motion: Move to accept opinion letter of special town counsel. (McCarter/Levine) 5:0 passes Motion: To release opinion letter of Attorney Petrini. (McCarter/Baldwin) 5:0 passes The memo from Town Clerk Helen Christian regarding the recall election was read into record. She proposes a recall election date of November 6, 2007. Papers are available at her office for candidates to pick up. They must declare who they are running against. The last day to return nomination papers is Tuesday, September 18, 2007 at 5:00 PM. A lengthy Charter recall discussion ensued between the Board members and Mr. Ferrari. Mr. Ferrari is acting as the spokesperson for Mr. Purrier this evening will let him know of how to correct procedural defect in the affidavit. He stated that Mr. Purrier was not notified that there was an error when it was submitted. Chairman Board of Selectmen Minutes of September 5, 2007 7 Amoruso states that the Board was just notified yesterday themselves and that the Town Clerk had verbally notified Mr. Purrier that there was a possible problem with his petition. Motion: Move to accept recall petition with the restated affidavit language "under the pains and penalties of perjury" and that it is reviewed by town counsel to assure legality. (Levine/Baldwin) 3:1:1 passes (Dentino nay, Amoruso abstain) Chairman Amoruso clarifies that he is abstaining from the vote as he does not feel he should vote in favor of something that violates the Charter. However, he will not try to get in the way of the recall election process. Motion: To set recall election on November 6, 2007 (Baldwin/Levine) Amended to have counsel review. 4:0:1 passes (Amoruso abstains for same reason as above) · Old business from Chairman Amoruso: Letter regarding rental trash barrels. Mr. D'Agostino will have Lee Azinheira write a letter about this proposal. · Old business from Selectman Dentino: Questions about the costs of salt again. Issue of fabric use at the playground again. Mr. D'Agostino will investigate and get back to him asap. Further questions or whether the Town is a Civil Service Town and the use of a personnel board. Mr. D'Agostino states that the Town of Mansfield uses Civil Service and he is the Personnel Director for the Town. · Old business for Selectman McCarter: Questions about the Flagpoles and police detail for train station parking. · Old business for Selectman Baldwin: None. She has been away. · Old business for Selectman Levine: Selectman Levine has been reviewing old meeting minutes and would also like to meet with the Town Manager regarding unfinished business of the BOS. Selectman Levine has also visited Gourmet to Go and does not see why the business needs a dishwasher and grease trap. Selectman Dentino has brought this up at least three times in the past and she would like to resolve this matter once and for all. Selectman Dentino insists that they need these things under the plumbing code as they are a restaurant. In addition, he did not want to get this Board of Selectmen Minutes of September 5, 2007 8 business a Common Victuallers License as this is a State owed property and the Town does not have jurisdiction there. Selectman Levine produced various kitchen goods such as disposable to-go containers and stated that Gourmet to Go primarily serves ready made foods such as pasta dishes and sauces. She wants to turn this situation over to the Health Dept. and the State inspectors. Selectman Dentino does not feel that this would fall under the Board of Health. She does not want to see this brought up again, we've discussed it enough. Selectman Dentino states that the Board of Health is only responsible for sanitation issues and inspections. He still feels that the BOS should not have issued the Common Victuallers License but he was outvoted. He also feels that Selectman Levine is not upholding the law as she is ignoring the fact that Gourmet to Go is a restaurant. Selectman Levine suggested that Selectman Dentino call the State if he still has questions and concerns about this matter. She further stated that Selectman Dentino told her at the beginning of her term to keep her eyes and ears open during the Stoyle/Beliveau trial. So Mrs. Levine did. She noticed that Selectman Dentino talked regularly with Mr. Beliveau and his lawyers throughout the trial. She went in three times and each time Selectman Dentino appeared to be quite friendly with these people. Selectman Dentino explained that he was deposed by Town Counsel several times and that the plaintiffs lawyers were introduced to him at those times. However, Selectman Levine stated that actions speak louder than words and what she saw was Selectman Dentino estranged from anyone representing the Mansfield side of the case. She thought it odd to have a Mansfield Selectman talking that closely with the party that is suing the Town. Mr. Dentino took an oath as a Selectman to represent and defend Mansfield's interests. Under the Charter the BOS shall defend the Town's interests before quasi-judicial settings so he should represent Mansfield in judicial settings as well. So which side did you want to win this case? The Town or the Stoyle/Beliveau side? Selectman Dentino states that Ms. Levine was only in court 2 times not 3. He had 10 times the conversations with Attorney Kesten than the plaintiff's attorneys. He denies having long conversations with Mr. Beliveau. Selectman Levine knows what she saw. So again, which side did you want to win this case? The Town or the Stoyle/Beliveau side? Selectman Dentino states that the lawsuit was not The Town of Mansfield vs. Stoyle/Beliveau; it was individual agents of Mansfield as the defendants. He was Board of Selectmen Minutes of September 5,2007 9 not rooting for one side or the other; he is on the side of truth. He only wanted the truth to prevail and it did. Selectman Levine went on to say that at no time but Mr. Dentino show any interest in the side of Mansfield's case. She does not feel that Mr. Dentino was representing Mansfield at all during this time; he was representing his own interests and those of his friends. Selectman Dentino stated that he will not be a cheerleader for the Town's side of matters. He again stated that he is for the truth and Stoyle/Beliveau's side was obviously the truth, look at the verdict. Selectman Levine continued to state that Selectman Dentino was seen in court with his friend Karl Clemmey. This person is the only one in town to put up defamatory signs regarding the Town and the Town Manager on his property. Selectman Dentino felt the signs were all accurate statements. Selectman Levine felt that is not odd that Mr. Clemmey has failed to disclose the lawsuits filed again him by the Town and how he has cost the Town and the tax payers' money. She was also disturbed that during a following Executive Session meeting that Selectman Dentino was continuing to defend the suing party's stating their interests should be represented at these meetings. · New business from Selectman Baldwin: None. · New business from Selectman Dentino: How did Selectman Levine know about the process server reports from when the Town was trying to dispose him? Ms. Levine states that she has not seen any reports that she read it in the paper and in a letter sent from Town Counsel. He then asked if Ms. Levine knew what constituted a public meeting. Selectman Levine responded that if he was referring to a Selectmen's meeting it was three members who are discussing town business. There have been social occasions such as retirement parties where three or more Selectmen are present; that does not constitute a meeting. Selectman Dentino feels that the members have gone out after the meetings and he was not privy to those occasions. Ms. Levine stated the Selectmen as private citizens have been at the same establishment at times. Selectman Dentino finds that scenario suspect. Selectman Levine also states that for the record ther~ is nothing going on and Mr. Dentino would know that if he talked with or communicated in any way with the Board of Selectmen Minutes of September 5, 2007 10 Board members or the Town Manger for that matter. That is the problem, a lack of communication. Selectman McCarter states that the Board has not had meaningful communication and meetings for quite some time. All we do lately is fight and bicker and it is an embarrassment. It is no good for the townspeople and he apologizes to the people for this divisiveness. Selectman Dentino feels that he has brought many issues to the Board for resolution and that business is getting done. . New business from Chairman Amoruso: Would like to get workshops for GIC insurance talk and the use of School St. pump stations on the agenda. . New business from Selectman McCarter: Light Commissioners meeting on the 17th. · New business from Selectman Levine: meetings need to be more concise. She would like to see meetings conclude by 10:30pm unless voted on by BOS to go longer. Selectman Dentino feels the meetings should go as long as needed to conduct town business. Selectman McCarter stated that he too has be problem going until we need to but adjourning by 1O:30pm would be nice. The Board members have taken to repeating themselves lately and nothing productive seems to happen after 1O:30pm. Motion: To adjourn meetings by 1O:30pm. (Levine/McCarter for discussion) Motion withdrawn. Chairman Amoruso will try to move the meetings along in the future. Motion: To adjourn at 1O:50PM (McCarter) 4-0 Passes ~~~~~$t$~-in- Signature of Clerk ~~k l't 2~~? Date of Approval Board of Selectmen Minutes of September 5,2007 11