Loading...
HomeMy WebLinkAboutmin brd of selectmen 12/13/00 , Present: RECEIVED TOWN CLFR\'<S OfF ICE 00 DEC 2 I Af1I1: 35 December 13, 2000 MANSfŒlO MASSACHUSETTS Chairman David W. McCarter; Bradford E. WiIIs,'C1er~; Selectmen Louis P. Amoruso, Amos Robinson, and Daniel Donovan. John O. D'Agostino, Town Manager Board of Selectmen Minutes of r The meeting was called to order at 7:00 p.m., followed by the Pledge of Allegiance to the Flag. Russ Hall and Andrea Garren of Government Affairs were present to discuss Amtrak issues. Selectman Robinson asked about the high security fencing areas that had been identified and questioned whether the area of the daycare center on School Street was fenced. Mr. Hall said he will check on it and they are out installing poles now. They will continue installing poles until the ground freezes, at which time they will (' begin installing the fencing. Ms. Garren noted the appropriation conference report, in which 12,710 feet of fencing in Mansfield and the funding has been identified by the Appropriations Committee. The report states it will be chain link fencing. Upgrades or additional fencing must be passed through the Appropriations Committee. Chairman McCarter asked what percentage of the track in town the 12,710 feet will cover. Amtrak officials were unable to provide that information. Town Manager D'Agostino asked if it includes all the areas that were identified during Congressmen Frank and McGovern's visit. Ms. Garren indicated the high-security fencing in the densely populated area remains unfunded. Bob Amos has been requested to make up another map for us identifying the fenced areas. Selectman Robinson asked who would be responsible for upkeep. Ms. Garren said Amtrak will do what it can to maintain the fencing. Some of the Phase 2 fencing will be maintained by the MBTA. She noted that fencing is not the answer to trespass problems and we need to start thinking of ways to educate the public. Selectman Robinson asked Mr. Hall to explain to the Board the need to notify the railroad when repairs will be done on the track. Mr. Hall noted the safety (' equipment and precautions employed by Amtrak and the MBT A when they are working on the track and pointed out the dangers involved. Board of Selectmen Minutes of December 13, 2000 1 r Selectman Amoruso stated that in Europe virtually every inch of the tracks are fenced or barricaded in some way, even in rural areas. He noted that, even with the financial impact, it rs less than prudent not to fence the tracks. Mr. Hall stated adults in particular do not realize they are breaking the law in trespassing on the tracks. Education is needed, as they know the dangers but choose to ignore them. Mr. Hall noted you have to go out of your way to be hurt by the electrical system. The catenary poles and trains are only a danger to people who are where they do not belong. Selectman Robinson said that with the 150 mph trains here now, it would be good to go back into the schools for a safety program. Ms. Garren said we also need to reach the adult segment of society. Selectman Robinson asked if the helicopter will be used only to escort the train, or for enforcement purposes also. Mr. Hall said it would be escorting the train only when the train is carrying dignitaries. At other times it will be used for safety and security purposes and to look for trespassers. Ms. Garren suggested partnerships with local police, public service announcements, railroad watches, and other programs for railroad safety. Mr. Hall noted trespassing is not just a railroad problem-it is also a community problem-and everyone needs to work together. Call 1-800-331-0008 for Amtrak Police. (' Selectman Donovan asked what effect the high speed train will have on the local trains when they begin operating at the maximum schedule. Ms. Garren said extensive planning was done with all the local agencies. Chairman McCarter asked if the issue of the third rail had been discussed at this afternoon's meeting. Ms. Garren noted signage was everywhere at the Mansfield Train Station. She suggested that at some point a person's capacity to digest it all shuts off. She also noted that we've come to the point of having to lubricate fencing to discourage people from going over it. Mr. Hall pointed out that two Amtrak Police have 100 miles of track to patrol. Town Manager D'Agostino noted it's people's behavior patterns that need to be changed. Town Manager D'Agostino summarized the afternoon meeting, noting the plans were developed in 1992 as a "wish list" and the installation of a third track was included. He noted it may never happen, but if it does and we have constructed a new train station, it would be up to Amtrak or MBT A to foot the bill for the third track. We are trying to provide for the possibility of the third track and the provisions being made by GA TRA and the MBT A should address the issue. He noted the third track (' proposal is futuristic and may never happen. We can proceed with our plans for the Train Station. Ms. Garren noted Amtrak does not have the funds now to do a third Board of Selectmen Minutes of December 13, 2000 2 (" track and it is a multi-signatory planning document in which it is proposed. Town Manager D' Agostino advised the Selectmen that the Route 106 underpass was also discussed at the meeting. A feasibility study needs to be looked at and funded. Repairs need to be done, either in conjunction with the railroad station project or prior to it. The feasibility study is estimated to cost $125,000. The right-of-way is owned by the MBTA with operating rights for the MBTA, Amtrak and CFX. Mr. Hall was requested to send videotapes on track safety to be shown on local cable access. Selectman Robinson asked the Town Manager to contact School Superintendent Moretti to suggest that, with the advent of the Acela, an education program be reinstituted in the schools. Priorities were established for the proposed additional right-of-way fencing. · Minutes of December 6, 2000 Motion : To approve (Robinson-Donovan) 5-0 Passes (' · Warrant No. 25 in the amount of $2,511,341.52 · Motion : To approve (Amoruso-Robinson) 5-0 with Chairman McCarter abstaining from Municipal Building Committee payroll and Selectman Robinson abstaining from School Department payroll Licenses - (0/1 have been reviewed by the appropriate Department Heads unless otherwise noted) Automatic Amusement Device · Player's Choice - Approved at Public Hearing Class II Car Dealers · Gregory Matoian dba The Tire Man Auto Sales, 423 North Main Street (' · Gregory Matoian dba Mansfield Motors, 427 North Main Street Motion: To approve both Board of Selectmen Minutes of December 13, 2000 3 (' (Donovan-Amoruso) 4-0-1 with Selectman Robinson abstaining Passes Common Victualler's · Wendy's International, 64 Copeland Drive Motion: To approve (Donovan-Amoruso) 5-0 Passes · D.G. P.& Sons Inc db Jimmy's Pub - George Pantos, Manager, 141 North Main Street Motion: To approve (Robinson-Wills) 5-0 Passes · LaBamba Mexican Restaurant Inc., 310 North Main Street Unit 5 Motion: To approve (Robinson-Donovan) 5-0 Passes · Robert Tsapanidis dba Classic Pizza, 242 Chauncy Street Motion : To approve (Donovan-Wills) 5-0 Passes (' · Tang Sz, Inc. dba Cheng Du Restaurant, 249 North Main Street Motion: To approve (Amoruso-Donovan) 5-0 Passes · Café on the Common, 12-14 South Main Street (New license - opening mid- January) Motion: To approve (Donovan- Wills) 5-0 Passes Public Entertainment on Sunday · Player's Choice - approved at Public Hearing Lodaing House · Peter Fontanini dba Billings Realty Trust at 20-22 Thomas Street Motion: To approve (Robinson-Amoruso) 5-0 Passes (' Restaurant All Alcoholic Board of Selectmen Minutes of December 13, 2000 4 {' · G. J.L. C. Inc. dba C. J. Scooters, Gerald Chipman, Manager - 16 Old Colony Way Motion: To approve (Donovan-Wills) 5-0 Passes · D.G.P.& Sons Inc. dba Jimmy's Pub, George Pantos, Manager - 141 North Main Street Motion : To approve (Robinson-Wills) 5-0 Passes · Tang Sz, Inc. dba Cheng Du Restaurant, Ti Tang, Manager -249 North Main Street Motion: To approve (Donovan-Wills) 5-0 Passes Restaurant Wines and Malt Beverages (' · Robert Tsapanidis dba Classic Pizza, 242 Chauncy Street (TIPS certification has expired. Is in process of getting recertified) Motion: To approve pending TIPS certification (Donovan-Wills) if TIPS certification is not done in 3 months, call in for a hearing 5-0 Passes · LaBamba Mexican Restaurant Inc., dba LaBamba Mexican Restaurant, Bismarc Campo,Manager - 310 North Main Street, Unit 5 Motion: To approve (Donovan-Amoruso) 5-0 Passes Retail Package Store Wines and Malt Beverages · Kanku Inc. dba The Store, Madhuben R. Patel, Manager - 213 South Main Street Motion: To approve (Amoruso-Robinson) 5-0 Passes · Mansfield Variety & Deli, 72 Pratt Street Motion : To approve (Wills-Robinson) 5-0 Passes r Board of Selectmen Minutes of December 13, 2000 5 (" Town Manager and Staff · Memoranda from Town Engineer John Sullivan - hold for discussion with Mr. Su/livan Residents · Letter from Ronald J. Boucher, Boy Scout Troop 17 Scoutmaster, re: Daniel J. O'Connell completing the requirements for Eagle Scout. Chairman McCarter wi/l attend Troop 17's meeting on Monday, December lath, honoring his achievements and invited anyone else who is interested to join him. · Letter from William and Diana Dillon of 296 Fruit Street re: speed limit signs and blind driveway signs at curve near airport. Recommendation of Ptlm. Lance Lawson attached Motion: To install the 30 mph signs at Fruit and Short and Fruit and Hall Streets and the blind driveway signs as recommended by Ptlm. Lance Lawson (Donovan-Wills) 5-0 Passes Other (' · Letter from Peter Chan, Manager of Tahana Restaurant, requesting a 2:00 a.m. license for the evening of 12/31/00-1/1/01 - Recommendation of Police Chief attached Motion: To approve with police detail as assigned by Chief (Wills-Donovan) 5-0 Passes (' John Sullivan discussed the following: · New position/job description for Senior Engineer which would allow for progression within the department and would be a step in between entry level and Town Engineer. It would be Step G at $42,000 in the 200t negotiated union contract. The position falls within the review of where in town manpower is necessary. It would give us the ability to maintain people we do have and would provide room for advancement. The Engineering Department has been doing more and more work in-house and this would give us the ability to do so. The Town Manager noted that recent projects done in-house have come in under budget with field survey work being done by our personnel. Private industry would offer approximately $10,000 more for comparable education and experience qualifications. Mr. Sullivan outlined the amount of work to be done and new drainage and sewerage permitting Board of Selectmen Minutes of December 13, 2000 6 {' regulations that will have to be met. Mr. D'Agostino noted $350,000 of the $700,000 needed for the implementation of GIS is included in the 010 SRF loan. Chairman McCarter noted the budget process is just beginning and the proper channels have been followed for the review and consideration of the position. The entry level position is Grade F-a BS degree with one year experience. Selectman Amoruso noted he has no problem with the job description or position, but it has to fit within the confines of the budget. Motion: To approve the job description (Donovan-Amoruso) 4-1 with Selectman Robinson opposed (' . Williams Street Reconstruction Project There is a sliver a land that needs to be acquired for the completion of the Williams Street bridge that involves eight people. Mr. Sullivan showed a map of the area with the temporary grading easement outlined and the land to be acquired shown. He noted meetings that have been held and the progress made to date. Appraisals have been done on the land needed for permanent easements and the appraisals have been sent to the property owners. The values seem to be lower than what the owners believe they can get for it. The State has indicated they intend to bid this job in March 2001, so the plan now needs to be signed and, if the negotiations with landowners are not successful, land takings may be necessary. Motion: To sign the plan (Wills-Donovan) 5-0 Passes Bi/l Gerber, 362 Central Street - the quality of Channel 9 is good tonight, but people trying to watch this meeting will be viewing "snow." He discussed channel 98, for which they do not have a modulator to allow them to show videos and cannot put out a signal. Frank Foss has been contacted without much success. He presented two letters and asked that the Town contact Mr. Foss. He suggested that when he's brought in he be asked to bring the logs they are required to keep with customer complaints. Jack O'Neill has been working with NASA and they have freed up a satellite channel for us. Next Thursday at 7:00 p.m. live from the North Pole children in Mansfield will be able to see Santa and his workshop on Channel 9. (' Dan Donovan - noted reading in the paper that Norton and Foxboro have had problems with contractors not finishing streets in subdivisions and they are not plowing. Town Manager D'Agostino reviewed the provisions of the statute enabling us to do so, noting these people are paying taxes. Board of Selectmen Minutes of December 13, 2000 7 (" He also noted the minutes of May 15th show a ladder truck was approved and he was of the opinion that's what we were voting on at Town Meeting. He further noted there's nothing wrong with the present truck if it's certified and asked that we take another look at the Fire Department request, noting we need more firefighters. He noted our biggest liability is the center of town and that's where the personnel need to be. Selectman Amoruso suggested the subject become an agenda item at a future meeting for further discussion. Mr. Flannery updated the Board, noting they are trying to close the books. They are presently in a state of flux and there's a meeting tomorrow to explore what's going on. At this point they cannot release any money. They can carry over 5% and the rest can be turned over. He could not give a figure or bottom line at this point and will let the Selectmen know as soon as they can. Town Manager D'Agostino asked what amount of money they are talking about. Mr. Flannery said it's $5,500,000. and is earning interest. Nobody knew they had this kind of money. There was $450,000 in prepaid insurance. Town Manager r D' Agostino stated that to receive an assessment of $486,000 in the last budget \ cycle at a time when we were having difficulty balancing our budget and tonight we hear about a surplus of $5.5 million that nobody can explain is horrendous. Mr. Flannery said they were kept out of the budget process and then they realized they had a problem. The treasurer resigned and a new one will be hired. The Town Manager asked who will be hiring the Business Agent. The School Committee hires the accountant and has a say in the hiring of the Business Manager. Town Manager D'Agostino pointed out the need to have a checks and balance system, noting the Selectmen appoint our Town Accountant and the Town Manager appoints the Treasurer/Collector. When you get to the point that you have two chief financial officers appointed by the same body, it is a problem. He asked how long the superintendent has been bringing the issue of the possible misuse of funds to the Board. Mr. Flannery said about a year. The Business Manager went on sick leave last March and that's when they started looking into things. Mr. D'Agostino asked what the Committee has been done to make procedures change from a financial management perspective to ensure they are properly implemented. The report came out July 25th, yet no policy has been established to make the necessary changes. The pros and cons of MCAS testing versus competency testing for trade school {' students was discussed. Board of Selectmen Minutes of December 13, 2000 8 (' Selectman Donovan asked if the new treasurer would be full or part time. Mr. Flannery noted it's an 8-hour a week job with 37 job responsibilities. The policy is going to be reviewed. Right now the second person authorized to sign checks is a school committee person. The treasurer will be about 12 hours per week. It may be increased to three days per week. The accounts receivable clerks take care of collecting all the funds within the school. There will be a treasurer and a bookkeeper. Now there is a treasurer and a business manager. Mr. Lombardo is the interim business manager and is full-time. The treasurer will be part-time, the business manager will be full-time. Mr. D'Agostino noted there are no checks and balances there. He noted if the business manager will be reporting to the Superintendent of Schools, he/she should be hired by the Superintendent. If the treasurer is reporting to the School Committee, the clerks collecting the funds should be supervised by the treasurer and the position calls for more than 12 hours a week. Mr. Flannery noted he's getting more into the budget and is understanding things better and looking at them more closely. Mr. D'Agostino returned to the time Mr. Hager began reporting problems to the board and the business manager didn't leave until March. Mr. Flannery said the business manager did a lot of favors for people and was well-liked. That split the board because they couldn't believe she would do anything wrong. There are 10 members of the board and he, as chairman, can vote to break a tie. Many votes are 5-4 and if he votes, it ties the r vote. Chairman McCarter noted his suspicions have been raised by the issues \ brought to the public's attention by the superintendent. He said he doesn't know how the board could even consider letting the superintendent go while the investigation is on-going. Selectman Amoruso noted at the Regional School Committee last evening he observing a member who missed a dinner meeting at which his meal was already paid for, and then submitted a voucher for the dinner he purchased on his own for the same night-and the Board approved that for payment. Mr. Flannery, who had voted to approve, defended the action. Selectman Amoruso also noted he was glad to see the board did not support the donation requested. Mr. Flannery noted there is a meeting tomorrow with the Department of Education (DOE) that should shed some light on the situation. Selectman Amoruso noted his understanding is that the books were not properly setup. Mr. D'Agostino questioned why the business manager wasn't fired based on that information. KPMG, their previous auditors, have not been cooperative and they are now using Melanson to audit. Selectman Amoruso noted concern that there are indications things are so systemically wrong that they are not being sufficiently addressed, with several members still supporting the treasurer and business manager. r Mr. D'Agostino said it's worrisome that even the initial report indicated there was $30,000 misappropriated-and even that amount was money that should have been Board of Selectmen Minutes of December 13, 2000 9 (" used for the students. The fact that $5.5 million has not been used for the students is unconscionable. Selectmen encouraged Mr. Flannery as chairman to get things cleared up and to moving along for the benefit of the students. Mr. Flannery was questioned as to why he voted to reappoint the treasurer when he claims he knew he was going to resign. Mr. D'Agostino pointed out they are elected to further the education of those kids in that school system and they're not there to play politics or like someone or not like someone. Mr. D'Agostino said he is going to meet with Mr. Hager on a monthly basis and bring information back to the board relating to the financial condition of the school. He noted his belief that Mr. Hager is the one who has the best understanding of the situation. Clerk Wills read the notice of public hearing as advertised in the Sun-Chronicle on November 29, 2000. Motion: To open the public hearing (Amoruso-Wills) 5-0 Passes (" Andres Gazzolo was present to explain it's the same renewal he's had for the last six years. Nothing will be changed. All abutters were notified by certified mail on December 6th. Motion: To close public hearing (Amoruso-Wills) 5-0 Passes Motion: To approve the automatic amusement devices license and the public entertainment on Sunday license for Player's Choice (Wills-Donovan) 5-0 Passes Zoning Board of Appeals - jnterviews were held last week and the appointment to two terms ending 2004 was postponed until this week when a full board would be present. Candidates interviewed were: Leonard F. Flynn and Olivier Koslowski, both current members applying for reappointment, and Scott E. Austin. The Chairman called for nominations. Nomination: Leonard Flynn (Amoruso) Nomination: Olivier Koslowski (Robinson) Nomination: Scott Austin (Donovan) (' With two positions open, each Selectman was given two votes, which were cast as follows: Board of Selectmen Minutes of December 13, 2000 10 (' Austin - Donovan, Wills, Amoruso, Robinson and McCarter - appointed to the first position Flynn - Amoruso, McCarter Koslowski - Donovan, Wills and Robinson - appointed to second position Motion: To send a letter of thanks to Mr. Flynn for his service on the ZBA (Amoruso-Wills) 5-0 Passes Council on A9ina Applicants for two terms ending 2004 are Edward A. Sliney, Sr., and Benjamin Boynton. Both are current members whose terms are expiring. Neither was able to be present at the meeting. Motion: To reappointment Mr. Sliney and Mr. Boynton to the Council on Aging for terms ending 2004 (Wills-Amoruso) 5-0 Passes Animal Welfare Committee Applicants for two terms ending 2004, one full member and one associate member, are Matthew M. Miller and Kevin Moran. Both are current members applying for (' reappointment. Mr. Moran was not able to be present. Mr. Miller was interviewed. Mr. Miller noted he's been living in Mansfield since 1991 and has been involved at the Mansfield Animal Shelter for several years and Chairman of the Animal Welfare Committee. He outlined the work done at the Animal Shelter and the programs established. He briefly discussed their need for more space and the number of cats and dogs at the shelter. Fund raising has been conducted for the new shelter. Motion: To appoint Matthew M. Miller to the full member position ending 2004 (Donovan-Wills) 5-0 Passes Motion: To appoint Kevin Moran to the associate position ending 2004 (Donovan-Wills) 5-0 Passes The Town Manager reported on the following: . Received a letter from the JRC indicating the group recently closed on the property at 5 Aspen Street and will be occupying the property within two months. He suggested a meeting with Rotenberg personnel and residents to go out and look at some of their other sites. (' Board of Selectmen Minutes of December 13, 2000 11 (' · Shaun Burke has provided the Board with a list of subdivisions remaining to be completed, with the surety amount available to complete any work · There is a document in the reading folder re Town of Foxboro vs. Skanco et al. We will be meeting with Attorney Mangiaratti next Wednesday in Executive Session to discuss this issue. · Traditionally we have closed Town Hall early the day before Christmas. Would like to propose we close on Friday before Christmas and stay open the Friday before New Year's. The Board directed that whatever we're contractually obligated to do we do. Selectmen's Old Business Clerk Wills: · Asked about the Bleachery hooking up to our sewer and where the new buildings (hotel) going up in Foxboro are getting their sewer from. Mr. D'Agostino will check, but believes they are on private septic. He also reported the Bleachery could put in a Title V system without a tight tank, (" but it's a solution they don't want to pursue because of the expense. They would have to use Foxboro's capacity if they hook up to sewer · Reported on the GATRA/Norton Bus meeting held last night. They wanted to work a deal for a satellite lot with Clemmey for 12 months maximum and they would pick up all the fees and not to go up South Main Street if the Town so desires, but rather travel Routes 140 and 106. Mr. D'Agostino suggested it would be for a specified period of time and at the conclusion of that period it would be disbanded Wheaton wants to start in January and there is an agreement with Mr. Clemmeyand Wheaton already to park cars. He can do that, but the bus cannot stop there until and unless Mansfield gives them permission to do so. Selectmen Donovan and Robinson stated it would be a bigger mess if we stopped it at the end of a year. Chairman McCarter suggested that it would not just be Norton residents parking there, but commuters coming from Route 495. He suggested we have a plan and should stick with it. Selectman Amoruso said he understands there's a significant and short timeline that they're working with. He questioned how the summer would be handled, what the cost of the parking will be, etc. and suggested there has not been enough discussion on these issues. Mr. D'Agostino noted a monthly status update was requested so that we'd know (' what they're doing to get a parking lot online in Norton. It was the consensus of the Board to allow the bus to start running and see how Board of Selectmen Minutes of December 13, 2000 12 , . (' much interest there is in it. Selectman Amoruso suggested getting input from the Police Department and to obtain other information--the cost of parking, who will pay for detail officers, what we'll do in the summer with Tweeter open, etc. Motion: To approve the bus coming into town to go to the Train Station for the purpose of dropping off and picking up people at the Train Station with no satellite parking in town and they Norton/Wheaton to pay the assessment (Amoruso-Wills) 5-0 Passes Selectman Amoruso: · Asked if we've purchase a thermal imaging camera. If not there is a grant available and to call Stephen Cohen at 978-567-3111 for additional information. Other equipment is also available under this burn grant. Chairman McCarter: · Asked if we ever did the Mansfield sign for Mansfield England. Mr. D'Agostino will contact those handling it from the Sister Cities Program. · Asked where we stand with negotiations. All contracts should be ratified around the first of the year. (' · When will the Police Report be issued Waiting for an opinion from Attorney Mangiaratti. Will be coming out shortly. · Community Preservation Act - will be put on the draft warrant for consideration The Chairman called for items of new business. There were none forthcoming. (' Motion: To adjourn at 10:50 p.m. (Donovan-Amoruso) 5-0 Passes f:JvJ /dJ~/~ Date bf Approval Board of Selectmen Minutes of December 13, 2000 13