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
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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
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· 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
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. 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
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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
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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
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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
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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
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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
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