HomeMy WebLinkAboutSELECTMENminutes08062008-20080827124931
Town of Mansfield
Board of Selectmen
Minutes of August 6, 2008
Present:
Chairman Sandra Levine, Vice Chairman Ann Baldwin, Clerk Kevin Moran,
Selectman George Dentino, Selectman Jess Aptowitz,
John D'Agostino, Town Manager
The Board of Selectmen's meeting was called to order at 7:00pm followed by the Pledge of
Allegiance.
Motion: To convene to Executive Session to discuss pending litigation. (Baldwin/Moran)
5:0 passes. Roll call vote to go into Executive Session: Chairman Levine aye, Vice
Chairman Baldwin aye, Clerk Moran aye, Selectman Aptowitz aye, Selectman Dentino aye.
Selectman Aptowitz left at 7:45pm
District Manager Mr. Lloyd and proposed restaurant manager Suzette Landry present.
Selectman Dentino asked how long Ms. Landry has been a manager and about her training.
She has been a manager for 20 years and a manager with Bertucci's for 2 years.
The Chief of Police had no problem with the change and the routing slip for taxes will be
verified before processing. The rest of the board did not have any further questions not
covered by Selectman Dentino.
Motion: To approve Ms. Landry as the manager of Bertucci's at 280 School St.
(Baldwin/Moran) 4:0 passes
Mark Cook, Highway Division Manager and Lee Azinheira, DPW Director present for
discussion.
The number of roads in town have virtually doubled since 1985 and the number of Highway
Division employees has decreased so the DPW has not been able to keep up with the
work required to service all the roads and the upkeep of infrastructure has suffered.
The number of catch basin failures has dramatically increased in the past few years.
Employees have been taken off road work to address needs at municipal areas such as the
parks. Two part time laborers have been hired for the season to assist with the seasonally
heavy work load but it does not address the underlying problem of understaffing.
Board of Selectmen Minutes of August 6, 2008
Paving work is also subbed out to support work with structural and cut basin repairs
however DPW employees must still be at the work sites to inspect the work and assist with
any problems that may arise.
Selectman Dentino would like to see Mansfield Ave near the train station re-configured
but Mark and Lee stated that it has been looked at as part of the downtown work and
would have to go before the Planning Board before anything could be done. They also do
not have the funding for this work at this time either.
A list of road work has already been prepared for FY09 and perhaps this can be addressed
during FYlO. Major work has been going on with Ware and Essex Sts. this summer and
should be complete in the next few weeks.
The dept. is focusing on getting major projects done this year before asphalt prices go up
again and unfortunately the smaller projects around town have suffered.
Selectman Dentino would like to outsource tasks such as line painting, brush cutting, etc
And Mark stated that he has looked into this and it is usually not cost effective. Also,
in order to outsource tasks the dept. still needs the money in order to pay the
contractors.
The board realizes that crumbling infrastructure is a problem all over the area and while
they would like to see more done they realize that funds are limited and that the dept. is
doing the best they can.
Chairman Levine has been asking for bike crossing painting to be redone on park, East and
Branch Sts. They are barely visible and people often do not look at the signs but paintings
on the roads are more visible. They will be addressed as soon as possible.
· The classification data requested by Selectman Dentino is currently being
processed and will be available to the board as soon as it's complete.
· I will be attending the NEPPA Conference along with Gary Babin, Light Dept.
Director. Mr. Babin is being installed as the President of NEPPA, which is an
honor for the Light dept. and the town. I will be attending as the Light Plant
Manager.
· On Friday, August 8th at 9:30am we will have a 5 year forecast meeting with
staff and the FinComm in the bos rear conference room.
· On Friday, August 15th at 11:30am there will be a COA barbeque in their
conference room.
Board of Selectmen Minutes of August 6,2008
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. On September 9th, I have been invited to participate in a panel discussion
about implementing changes in health care plans/coverage for municipalities.
. On September 11th at lO:OOam I will be hosting my coffee hour with the
seniors at the COA.
· As of today, we have received 4 resumes for the Town Accountant's position.
The deadline is August 12th and we will see what we get for resume's and
decide how to go forward from there.
. Lengthy discussion of 14 page opinion letter from School Dept. Attorney
Wahl relative to the modular classroom contract.
· We have been getting some positive feedback on the recycling program.
. The town has maintained it's A-1 bond rating with a negative future outlook.
We will be reviewed again in approximately 18 months. The reason for the
negative outlook is the use of stabilization funds for the budget. We cannot
do that going forward and the lost revenue will have to made up in FYlO or
additional cuts will be needed. The revenue forecast for FYlO is bleak and
cities and towns are at least a year and a half from realizing additional
revenue from a rebounding economy.
. The issue of the CVS shrubbery has been resolved with the ones in question
removed.
. Warrant No. 05 in the amount of $1,617,676.69
Motion: To approve warrant No. 05 in the amount,of $1,617,676.69
(Baldwin/Moran) 3:0:1 passes (Dentino abstains)
· Warrant No. 06 in the amount of $4,719,355.78
Motion: To approve warrant No. 06 in the amount of $4,719,355.78
(Baldwin/Moran) 3:0:1 passes (Dentino abstains)
· Minutes of May 7, 2008
Motion: To approve minute of May 7,2008
(Baldwin/Dentino) 3:0:1 passes
· Minutes of July 9, 2008
Motion: To approve minute of July 9, 2008
(Moran/Dentino) 4:0 passes
· Minutes of July 23, 2008
Motion: To approve minute of July 23, 2008
(Moran/Baldwin) 4:0 passes
Board of Selectmen Minutes of August 6, 2008
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· Request for one day beer and wine license from Tri County Beagle Club.
Routing slips have come back positive.
Motion: To approve license. (Baldwin/Dentino) 4:0 passes
· Block party request from Bella Vista Ave residents for street closure on
September 6th from 3pm to 8pm. Routing slips have come back positive.
Motion: To approve request with proper signage. (Baldwin/Moran) 4:0 passes
· Sign warrant for state primary on September 16, 2008
Motion: To approve warrant. (Baldwin/Moran) 4:0 passes
· Accept and award bond bids from bond counsel. Sale of the $9,072,165
General Obligation Municipal Purpose Loan of 2008 for the price of
$9,090,704.06.
Motion: Voted: that the sale of the $9,072,165 General Obligation
Municipal Purpose Loan of 2008 Bonds of the Town dated August 15, 2008
(the "Bonds"), to Fidelity Capital Markets Services at the price of
$9,090,704.06 and accrued interest is hereby approved and confirmed. The
Bonds shall be payable on August 15 of the years and in the principal
amounts and bear interest at the respective rates, as follows:
Further Voted: that in connection with the marketing and sale of the Bonds,
the preparation and distribution of a Notice of Sale and Preliminary Official
Statement dated July 22, 2008, and a final Official Statement dated
August 5, 2008, (the "Official Statement"), each in such form as may be
approved by the Town Treasurer, be and hereby are ratified, confirmed,
approved and adopted.
Further Voted: that the Bonds shall be subject to redemption, at the option
of the Town, upon such terms and conditions as are set forth in the Official
Statement.
Further Voted: that the Town Treasurer and the Board of Selectmen be,
and hereby are, authorized to execute and deliver a continuing disclosure
undertakings in compliance with SEC Rule 15c2-12 in such forms as may be
approved by bond counsel to the Town, which undertakings shall be
incorporated by reference in the Bonds for the benefit of the holders of
the Bonds from time to time.
Further Voted: that each member of the Board of Selectmen, the Town
Clerk and the Town Treasurer be and hereby are, authorized to take any and
Board of Selectmen Minutes of August 6, 2008
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all such actions, and execute and deliver such certificates, receipts or other
documents as may be determined by them, or any of them, to be necessary
or convenient to carry into effect the provisions of the foregoing votes.
(Moran/Baldwin) 4:0 passes
. Follow up from last week. Shaun Burke and Bea Kearney have confirmed that
there are funds available for the Downtown business Association to use on
flags. Shaun has also confirmed that this is an appropriate use of the money
that was given as part of the special permit community benefits package.
Motion: To expend funds for DBA flags from the vendor of their choice.
(Baldwin/Moran) 4:0 passes
. Letter from resident Mark Rushton regarding the East Street Common. He
is requesting that items be cleared away from the WWII Veterans
memorial. John Hogan has been consulted and would like to see this request
forwarded to the DPW for assistance. Mr. D'Agostino will follow up with
DPW.
. Memo from Steve Simonds, Parking Enforcement Officer. Requesting
parking restriction signs at the entrance to Memorial Park for no parking
6 AM to 8AM, Monday thru Friday. Chief O'Neill supports this request.
Mr. D'Agostino will discuss this issue with Chief O'Neill and school personnel.
. Old business from Chairman Levine: Would like to reschedule Great Woods Car
Service discussion for future meeting.
. Old business from Selectman Dentino: Has lingering questions and comments about
employee salary and benefit packages. They increase every year and Mr.
D'Agostino being the only negotiator has not done well with the unions (as they
have more than one negotiator). Selectman Dentino states that bargaining only
works one way. You tell the unions that there is X amount of money available and
they need to make choices on how to use it.
Board of Selectmen Minutes of August 6,2008
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Mr. D'Agostino concurred with Selectman Dentino that salary and benefits do
make up a large percentage of the budget. However, town operations and its
municipal budget are of a service organization and with that it is inherent that
employee salaries/benefits will always be a sizeable amount of the budget.
Mr. D'Agostino further stated that by charter he has the duty of contract
negotiations. He has been responsible for extensive cost cutting and savings from
Blue Cross on employee health insurance costs. He has even been asked to speak
at a conference regarding how Mansfield (as part of a regional health group plan)
has been able to contain costs.
Unfortunately for the town unions have a strong hold in this state and they always
have a choice to arbitrate a contract provision if they don't like it. If the
arbitrator decides for the union, and they often do, the town has to accept it.
Selectman Dentino also believes that the merit raises, grade and step raises
outside of the contracts are an even bigger issue. Mr. D'Agostino then stated
that contrary to popular belief that only 6 or 7 employees out of 225 (that he is
responsible in bargaining units) have received these raises. These particular
employees have performed additional complex duties or received certain
certifications in order to receive this compensation.
Chairman Levine stated that it is 1O:30pm and if Selectman Dentino would like to
continue he will need to make a motion to extend the meeting.
Motion: To extend to llpm. (Dentino/Baldwin) 5:0 passes
Selectman Dentino would like to discuss the memo from the Town Manager
regarding an increase in mileage reimbursement. Mr. D'Agostino stated that the
Town is in keeping with the IRS rate and the board has agreed to this in the past.
Selectman Dentino would also like to revisit bringing up the issue of an employee
going to the post office and getting the mail for town hall and the COA/library.
He spoke with the post office and they stated that they would be happy to
delivery the mail however it would not be first thing in the morning. Mr.
D'Agostino stated that the DPW is in charge of the postage machine and mail
delivery/pickup and he will discuss delivery options with Mr. Azinheira.
Additional questions from Selectman Dentino about a memo from the Town
Manager explaining fuel charges within the fiscal year. He believes that the
figures are misleading. Mr. D'Agostino explained why he might think there would
be discrepancies in the memo.
Board of Selectmen Minutes of August 6,2008
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. Old business for Selectman Moran: Winter St. repairs that Selectman Dentino
brought up will be done by September.
. Old business from Selectman Aptowitz: He would like to know if the DPW can
address any of the carpet issues we are having here in townhall. Due to the age
and condition of the carpet the humidity has caused waves and ripples that people
could easily trip on. He is also interested in knowing if a preliminary 2010 budget
will be presented at the FinComm workshop. Mr. Gazzolo stated that it will.
. New business from Selectman Baldwin: Quarterly report due from Comstar. Please
contact the Chief for an update.
. New business from Selectman Aptowitz: Mansfield girls u14 won their
championship this evening. (Came back at 1O:45pm)
He took a trip to Taunton with Gary and Ann from the light dept. to see the
electrical sub station. It is not in a residential area like Bird St but it was
interesting to see.
He would like to see a preliminary FYlO outlook. Chairman Levine stated that they
will be reviewing that soon at a workshop with the FinComm.
. New business from Selectman Dentino: He would like to revisit a motion that he
made last meeting. Chairman Levine asked his why he waited until 10: 57pm to bring
this up? Selectman Dentino responded that he forgot earlier.
Motion: Hire independent legal counsel to investigate and advise us; and form
opinions of our rights & options in regards to Mr. D'Agostino's contract renewal/non
renewal. Indemnification of Mr. D'Agostino in regards to the Stoyle suit. A
determination of whether Mr. D'Agostino violated anyone's civil rights. Research
Mr. D'Agostino's contract to determine if we have legal grounds to terminate,
determine if there is any vulnerability to the town from a counter suit from Mr.
D'Agostino if the contract is not renewed or a settlement of the Stoyle case is
agreed to by the Board of Selectmen. Especially in regards to any breach of
contract. This list is not all inclusive and items may be added at any time by a
majority vote of the board. (Dentino/Baldwin for discussion) 0:2:0 fails
(Dentino, Baldwin, Aptowitz did not vote; Levine/Moran nay)
Discussion: Selectman Baldwin stated that this motion is quite a bit different from
the last one he made. Chairman Levine again asked Selectman Dentino why he chose
to bring this up at llpm. It's inappropriate to be discussing such a topic at this
hour. If he wanted to review the town managers contract like he stated in the last
Board of Selectmen Minutes of August 6, 2008
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motion that's fine but a review that involves possible termination discussion needs
to be brought up in advance so Mr. D'Agostino can be notified of such and have legal
counsel available. In addition such a task will be very expensive for the town and
Selectman Dentino just got done talking about how we need to do everything in our
power to save the town money.
. New business from Selectman Moran: Pan mass challenge recently went through
town and one of the riders hit a large pot hole. He lost his water bottle but
retrieved it and was not hurt.
. New business from Chairman Levine: She was just reviewing the Bristol County
Retirement budget before the meeting and noted it was rather large. Is there
anyway to control this or do we just have to pay it? The budget and the reasons
for monetary changes from year to year will be discussed at a Bristol County
budget meeting within the next couple of weeks.
. 5 year forecast meeting with FinComm will be Friday at 9am. FinComm Chairman
Gazzolo spoke briefly about the upcoming September budget workshop that they
will be hosting with the board and the school committee as well.
Motion: To adjourn at 11:02 PM
(Moran) 5-0 Passes
I:erm ~-t-~
Signature of Clerk
au,~ 2tl, 2~~tff
Date of Approval
Board of Selectmen Minutes of August 6, 2008
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