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HomeMy WebLinkAboutmin brd of selectmen 10/18/00 Present: '1' j~ECPfVED ~ ',/ t 1 /""; 1 ~- 'r; , ,( f" - ')_ Board of Selectmen . -: - ',1,- F feE Minutes of 00 NO'I 27 ! I, Q, October 18, 2000 , I . ,;d ..,,08 t, 'J ,,', j , '-',' f1A ~.~"\; :){ ¡r:..LD Chairman David W, McCarter; Clerk Bradford E. Wills; Selectm'"ê~j,CjJUS£TTS Amos M, Robinson, Louis p, Amoruso and Daniel Donovan. John O. D'Agostino, Town Manager The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 17 in the amount of $865,473.75 Motion: To approve and sign (Robinson-Amoruso) All in favor with Chairman McCarter abstaining from Municipal Building Committee payroll and Selectman Robinson abstaining from School Department payroll Passes . Minutes of October 11, 2000 Selectmen's Meeting Motion: To approve (Amoruso-Wills) All in favor Passes Town Manager and Staff: · Letter from Firefighter Robbins, President of Mansfield Permanent Firefighters Association, requesting the Town find the funds within the budget to purchase an appropriate motor and trailer for the Fire Department rescue boat. No action is necessary-the Chief has a/ready taken care of this and purchased the motor and trailer. Boards and Committees: . Legal Ad appearing in the Sun-Chronicle October 11th and 18th inviting Mansfield residents to apply for Boards and Committees for expiring terms Selectmen asked that attendance records be obtained for those seeking reappointment to Boards and Committees Board of Selectmen Minutes of October 18, 2000 1 State and Local Government: · Letter from David A. Risch, Foxboro Conservation Manager, regarding sewer hook-up for the Mansfield Bleachery property Foxboro Water and Sewer Commissioners are indicating to the Bleachery that there is no more capacity. The Bleachery is looking for 1100 gallons per day. It is part of the critical needs area and is e/¡fJ!ble for a hook-up at the discretion of the Board· The question is whose allocation it is coming from. It should be coming from the allotment available to Foxboro; however, we need to know where they currently stand with their allotment. We will be meeting with Attorney Michelmore after Town Meeting. We cannot enter into an agreement with any particular company, but need to meet with Foxboro, as they are claiming they have no additional capacity. Residents: · Press Release from Elks that they would like read for a couple of weeks regarding their Wine and Cheese Tasting Event on Saturday, October 28th from 7:30-9:30 p.m. at the Elks Lodge to raise funds for the Fisher- Richardson Restoration Fund. · Letter from Carole Andrews of 211 Willow Street requesting "hidden driveway" signs on both sides of her property - referred to Ptlm. Lance Lawson · Letter from Edward R, Bezarro of 44 Smiley Avenue thanking Brad Wills and Dan Donovan for participating in their demonstration regarding the proposed Judge Rotenberg Center · Letter from Carole Maguire requesting to close a section of Lawndale Road (135-138) to hold a block party October 28th from 12 PM - 4 PM - Comments of Police and Fire Chiefs attached Motion: To approve the closing of a section of Lawndale Road with the proper signage and saw horses and to allow emergency access at all times (Donovan-Amoruso) All in favor Passes Other Correspondence: · Letter from AI Endriunas requesting a water main extension on Franklin Street into the Ridgeview Estates subdivision - Kurt Gaffney is scheduled on the agenda at 7:55p.m, to address this request Board of Selectmen Minutes of October 18, 2000 2 · Letter from Don Rodman with a check for $3,000 on behalf of Rodman Ride for Kids to be used for a youth program within Mansfield The Board will decide what to do with the funds over the next couple of weeks Richard Devine, 6 Morgan Road - commented that the Chairmen of the various committees should be able to advise the Board if there is an attendance problem. He noted the Selectmen have a policy regarding attendance. Selectmen Amoruso noted he has always welcomed comments from the Chairmen as to how their Boards are operating and finds it invaluable. He noted there have been times where board members have met the letter of the policy by not missing three consecutive meetings, but have violated the spirit of the law by missing two, attending one, etcetera. He pointed out he is not looking at it in a punitive manner, but rather from the standpoint of the efficient operation of a board Richard Plaistowe and Jim Shea of Otis Street - spoke of a speeding problem on Otis Street. Mr, Shea noted they are in the process of circulating a petition among their neighbors, The road was recently paved and lined and there is one speed limit sign at the beginning of the street. With businesses on the street, there is truck traffic that is traveling at high speeds. He suggested removing the yellow lines and putting in sidewalks (Mr. D'Agostino said he would support that as a sidewalk betterment project), as well as reduction of the speed limit--with the crosswalk at the Country Store that is very busy on Sundays. He said he's spoken to some of the businesses down the street (Doranco and Richardson), and they've posted signs to slow down the trucks. The residents would like something to be done. Mr. Plaistowe noted they have actually had verbal confrontations with some of the speeders and there was one act of retribution he believes was a result of this. The speeding is worst at commuter times, which is also when the busses are picking up the children. Selectman Robinson noted on Mill Street the bus drivers make an attempt to block the road to protect the children by turning their wheels. He suggested perhaps they could talk to the bus drivers about doing this. Mr. Plaistowe said it is also a well-traveled route for people walking in the neighborhood. Clerk Wills pointed out that the ''speed trailer" flashing the speed cars are traveling would also help. Selectman Amoruso thanked them for brining the matter to the Boards attention and assured them the Selectmen and Town Manager would look into it further. Hank Clooney, 38 Otis Street - noted the only speed limit sign on Otis Street is right when you come off School Street. Many people using the street enter it from Board of Selectmen Minutes of October 18, 2000 3 Balcom or Gilbert Streets. He requested additional signage regarding speed limits and children playing. Water Operations Manager Kurt Gaffney and AI Endriunas of Endriunas Bros. Were present to discuss the water main extension for Ridgeview Estates located off Franklin Street. There will be 17 house lots, producing an additional 7,000 gallons per day of pumping. This is one percent of our total daily average. The plan was Court-ordered following an appeal of the Planning Board's denial of the definitive plan, Mr, Endriunas noted the road is already roughed in, and changing the location of the water main at this point would not be possible, When the plan was submitted in 1997, it was distributed to all department heads and met the requirements at that time, Town Manager D'Agostino asked if it would be an unreasonable burden to make the changes requested. Selectman Amoruso noted water extensions come under the purview of the Selectmen as Water Commissioners. He stated he would be more inclined to grant the request if the water line is looped rather than dead-ended. Mr. Gaffney noted a portion of it is looped, and Franklin Street is a very active main. He did not think we could force them to changè it. Selectmen said they are not "forcing" him, but rather requesting it be done in the best interests of the Town. Mr, Gaffney recommended approval. The Town Manger pointed out that if there are problems that we anticipate now, later on the Town is going to own them, He suggested they be corrected now. Mr. Gaffney said it would cost approximately $20,000 to make the change. Mr. Endriunas stated it was approved previously and he sees no reason to make the change. Selectman Amoruso noted it would improve the water quality and he is reluctant to approve the extension knowing it could be made better, Mr. Gaffney admitted if he were approving the plan, he would do it differently. His reluctance was based on the fact that the plan was approved by his predecessor and he doesn't want to second guess his decision. Selectmen Amoruso suggested tabling the matter for a week to allow Selectmen opportunity to give the matter more thought. At one time the Selectmen as Water Commissioners delegated approval to the department head. They have since taken back the responsibility of approval and would like the water extension done in conformance with their standards before granting a permit, Mr. Endriunas agreed at this point to make the change, Motion: To gr:ant the extension based on the suggested changes made by Mr. Gaffney, Water Operations Manager, (Wills-Amoruso) All in favor Passes Board of Selectmen Minutes of October 18, 2000 4 The hearing was continued from September 27th. Assessors Michael Eagan and John McNair were present, along with Ed O'Neil, Assistant Assessor, Mr. Eagan reviewed the history of the classification and recommended they hold at 104CYo classification for business/industrial. The average house is now $199,274 with a tax bill of $3,736.39, representing a 11.70'Yo increase. Last night's appropriation of $434,000 is included in the calculation, Town Manager D'Agostino said the Board is interested in how much all the debt exclusion adds to the tax rate (about $2), Easton's tax rate is $16,24 and Mansfield is $16.99, With last night's votes, ours will be $17.89 "there will be a 12'Yo increase in the average tax bill. The third sheet shows the split between commercial and residential on the tax value. Industrial has picked up a slightly larger portion of the pie this year. There are more homes in towns with higher price tags. The fourth sheet shows different scenarios, looking at single family, two-family, etc, Last year they recommended a single rate and would like to go in that direction. They are not, however, doing so at this time. Selectman Robinson said he is glad there was a meeting of the minds prior to Town Meeting, Mr. Eagan stated they would be willing for the Town to go on a single rate if the Board chooses to do so, Chairman McCarter asked how much of the $18 is dedicated to the debt exclusion. Mr. O'Neil noted this was done prior to the Annual Town Meeting and he will provide the information to the Selectmen. Richard Devine of Morgan Road commented that in the past the range went from 90'Yo to 115%. He stated this locks us into looking at a narrow range. He stated the tax rate could be increased a bit, but industry should contribute more in taxation, with residents getting a tax break. He asked the Selectmen to make the rates fair for the residents, establishing the commercial/industrial percentage at 11 0 'Yo because hblding it at 104 'Yo increases the average residential tax bill $400. He noted there won't be any industries that leave if their taxes increase a bit because they're here for the location and the talent pool available in the area, He stated every step the Selectmen take to lower taxes for residents will make it easier for them, especially the elderly, to stay in town instead of selling their homes to families with children going into the school system at $5,000 per student. He stated to not do so sends a message to the elderly to sell their homes and move to Florida, Mr. Eagan noted at the Annual Town Meeting this year the Town doubled the exemption for the seniors, plus there is a property tax workoff program for seniors. We are now at the maximum exemption allowed by law. Selectman Amoruso pointed out that what is most important to industry is the predictability Board of Selectmen Minutes of October 18, 2000 5 of the rate, and constantly adjusting the rate makes it difficult for businesses to plan, Mr, Devine asked for clarification regarding the residential tax rate, industrial tax rate, and commercial tax rate. He was advised that industrial and commercial are the same. Mr. D'Agostino pointed out that the percentage figure may be small, but because of the value of the industrial/commercial property, the increase in dollars is significant, It was also pointed out that industry does not contribute to the burden of schools and pays personal property taxes in addition to real estate taxes. They are also required to provide for their own trash removal. Homeowners would be paying $400/year if they had to pay for trash pickup. l1.7'Yo is a significant increase and Selectman Amoruso noted it will adversely impact many people. He suggested the recommendation of the Board of Assessors is reasonable in balancing both sides of the equation, Town Manager D'Agostino pointed out the need for more industrial/commercial growth and we are attempting to do that with the change in zoning coming up at next week's Special Town Meeting. Motion: To close the public hearing (Amoruso-Robinson) All in favor Passes Motion: To set· the 2001 Tax Classification at 104'Yo (Wills-Robinson) All in favor Passes Chairman McCarter stated this is an alleged violation brought to us by the Fire Chief. It is not a public hearing. Norton Fire Chief George Burgess and Mansfield Deputy Chief Bellavance were present to discuss the alleged violation. Also present was Firefighter Michael Wilson of the Norton Fire Department. Chief Sliney reviewed the letter he sent to the Board regarding what he believes to be license violations that occurred on two occasions. ALS (Advanced Life Support) was agreed to in the license. The Deputy Chief was present at the Center and heard the call for medics, There is the nursing staff at the first aid station, the medical staff, and the firefighters performing firefighting duties, Two ambulance attendants are required, with one having ALS certification. When one called in sick late on the night in question, the person handling personnel decided basic would be better than nothing and allowed a basic, In addition there was an EMT with a paramedic badge, but he was not certified in Massachusetts. Therefore it was a BLS (Basic Life Support) ambulance. On these two occasions they know there was not advanced life support. The Chief questioned whether there may have been even more occurrences. He noted if there is no Intermediate on duty in Norton, they Board of Selectmen Minutes of October 18, 2000 6 cannot meet up with the ambulance and assist, He stated this is not a "technical" issue as the Board will be told, but rather about saving lives. He said the season did not go well at all and will be the subject of review when the license is being renewed. Chief Sliney noted that as EMTs they are bound by law to assist anyone who needs help. They have had to pull men off details to assist. The question is "was there an EMT intermediate on the ambulances on the two nights in question." Deputy Chief Bellavance noted they tried during the licensing process to establish a level of service that the Town maintains for its residents and that was agreed to during the licensing. Chief Sliney detailed various problems throughout the summer, Norton Chief Burgess noted his concern because they cannot move a patient from a private ambulance to the town ambulance, and when they take their ambulance out of service, it's depriving Norton residents of the use of their ambulance. He pointed out that one night Norton was without their ambulance for three hours when they were called to assist Tweeter. Selectman Donovan asked if Mr. Montgomery called the Fire Department when they didn't have an EMT. The Chief said no, he was not called. He said his men are always assisting people at the Tweeter Center who are sick or injured and don't make it to the first aid center. He noted there is no written agreement between Tweeter Center and Sturdy Hospital and Tweeter Center and the private ambulance service as required by the Commonwealth of Massachusetts Regulations (CMR's), Tweeter (then Great Woods) was told the year the facility opened in town that the Town is not interested in providing ambulance service during concert events. They should be providing their own paramedic and not depending on Norton and/or Mansfield to provide it for them, Chief Burgess said he is willing be provide backup service in an emergency, but is not going to subsidize a private business. Selectman Amoruso asked if there is a regulation that requires a paramedic. Chief Sliney said it is required in their license and it's the State regulations that define what an ALS ambulance is. Bruce Montgomery, General Manager; Dr. Auerbach Vice President and Chief of Emergency Ambulance Services for Sturdy Memorial Hospital; and Rick Novack, Tweeter Center Attorney were present to respond to the allegations. Mr. Montgomery advised the Board of the many Tweeter Center employees present at his request because of the many instances they have noted and observed since 1986 of the emergency care given patrons, He said their nurses have the same ability as the intermediate EMTs. On two nights they did not have the ALS ambulance, which they regret, but the ALS services were available from the nurses and they Board of Selectmen Minutes of October 18, 2000 7 could have traveled with the ambulance if necessary. He said over their fifteen years of operation it has never been an issue and they are very proud of the emergency services they provide their patrons, He said they would be happy to provide all medical services in-house. The license states Firefighters/EMT's will be available. They have never abused any service of the Town of Mansfield. He does not know where the statement came from that Tweeter has an agreement with Norton, He said it was used as a policy and if they are doing something wrong, they need to be told of it. He stated they will do whatever is necessary, and on the nights the BLS was there, the nurses provided the same level of care as the Tweeter Center's license requires, Dr. Auerbach said they contract with the private ambulance company to provide the ALS ambulance and staff the emergency first aid station at Tweeter, He disagreed with Chief Sliney's statement because the person in charge of getting the staffing for the ambulance made a decision they were not aware of. They have made provisions for next season to ensure that type of situation will not repeat itself. A scheduled ambulance service employee was not able to provide coverage at the last minute and obtained coverage on his own for his shift. Unfortunately he obtained coverage from an individual of a certification that was less than required by the license. Dr. Au~rbach maintained that the level of staffing at the Tweeter Center was at the level of training he believes was necessary to provide the required services, although it did violate the license, If the requirement is increased and the ambulances are required to be on site and staffed at the paramedic level, they will provide that to give people assurance that the patrons are getting the level of service needed. Mr. Montgomery said it happened in July and here it is October. They should have been notified at the time of the alleged violation. Dr. Auerbach said he was notified on a Monday morning when the staffing level was insufficient on previous Saturday and Sunday evenings, Selectman Donovan asked if there were other occasions when violations occurred. Dr. Auerbach and Attorney Novack said they were not aware of any other violations and any statements that there may have been are purely speculative, Clerk Wills said he has been to the Tweeter Center several times and Mr. Montgomery has always taken care of things well. He noted the Chief says this is a serious problem and they must make sure that something like this never happens again. He asked what the action of the Board could be in this type of case. The Town Manager suggested anything from a written warning to a license suspension, noting there are no structured fine levels spelled out in the license for this type of violation, It should be reasonable and not arbitrary or capricious in nature and should be determined by the severity of the act. The Town Manager asked Board of Selectmen Minutes of October 18, 2000 8 specifically what measures have been put in place to insure that this does not happen again. He suggested we may in the future require a copy of a written contract between the medical services providers and Tweeter. Dr. Auerbach said he had no problem with that and would be willing to provide their written plan for medical coverage, He will be getting a list of all the EMT's with their level of certification and schedules to be reviewed and approved to maintain the required coverage. Chairman McCarter asked about backup, Dr, Auerbach replied that when one of the vehicles leaves the site, there needs to be a second ambulance that comes to the site to provide coverage while the ambulance is gone. They wait for the ambulance to get there for back up if the patient is not critical. Selectman Robinson asked why they don't have two ambulances present to avoid this. Mr. Montgomery noted they often do, and sometimes have three, He noted the Tweeter Center is a taxpayer and is entitled to Town services. The ambulance is out of service a minimum of an hour for a hospital run. Staffing is determined by not only the number of patrons, but by the history of the act that's playing at the venue. Selectman Amoruso asked Dr. Auerbach if there was any action taken with respect to the individuals who got replacement coverage for themselves. Dr, Auerbach said they were given a verbal warning and were told their action resulted in a license violation, Selectman Amoruso asked about the level of supervision provided and how he gets his reports. The supervisor for the private ambulance company does the scheduling and reports back to him. He was the individual who provided the information and who is held accountable for what happens, Dr. Auerbach said written contracts do exist between Tweeter, Sturdy and the private ambulance service. He admitted that it has been loose, and at this point in time people have to be held more accountable, Mr, Montgomery said they set the bar high for the level of service required of the critical care nurses. He maintained that the same level of service should be available for the patrons of Tweeter that are available to the residents of Mansfield. Selectman Amoruso said he has, as a patron, seen instances of services to patrons provided by Tweeter, but he wants to make sure that appropriate measures are in place to ensure that incidents such as this do not repeat themselves. Dr. Auerbach said they are a contractor and will provide whatever they are requested to provide, Selectmen continued their questioning in an effort to gain assurance that patrons are being adequately provided for and the license requirements are being met, Dr. Auerbach noted the Board needs to determine what level of service needs to be provided at the Tweeter Center and Tweeter's job is to provide what is required. As long as they know what level of service the Town wants, they can provide it. Board of Selectmen Minutes of October 18, 2000 9 Mr. Novack noted the need for more non-specificity in the licensing. Dr. Auerbach said he works for Sturdy. Tweeter contracts with Sturdy and he is given the responsibility of providing the service. Clerk Wills noted with 20,000 patrons, some of whom have been drinking too much or using illegal drugs during a loud concert, what level service Dr, Auerbach thinks would be appropriate. He said a paramedic staffed ambulance with trained emergency service nurses on site would be reasonable staffing. Response time and backup ambulance would need to be taken into consideration. Clerk Wills noted the Tweeter Center's full house is the equivalent of the entire population of Mansfield and with the crowds and dark lighting conditions, the response time to a patron in distress may be increased, Dr. Auerbach responded, saying there is staff with radios roaming the Center at all times looking for situations in which assistance is needed, Most of those going to the first aid center go there on their own. It's a very highly supervised envi ronment. Selectmen Amoruso said his two concerns are that we have protocols in place to make sure this does not happen again and that we have some way to insure that the issue with the backup ambulance is being taken care of to insure that what has been agreed upon happens, Chief Sliney took exception to Mr. Montgomery's statement that he was not notified at the time of the event, noting he has e-mail communication in his possession wherein notification was made to Mr. Montgomery and discussion took place. He said he is pleased the violation is finally being acknowledged after being denied for so long. He stated he was told there were no contracts, but now they appear to exist. The backup ambulance is supposed to be five minutes away, but it is non-existent, He asked Tweeter Center representatives if we will be getting a paramedic and a basic rig next season, noting it is a serious issue. There was no paramedic provided between Tweeter and Sturdy. He has no question about the ability or qualifications of the nurses, but they cannot substitute for an EMT- Intermediate. The Town was put in the position of checking credentials because Tweeter personnel were caught without them, Mr. Novack objected to that statement, noting it's not true. Other disputed statements were the call for the backup ambulance. The Chief noted the fire detail at Tweeter is comprised of firefighters/EMTS because that's their job title, They're present for code enforcement, fire lane checks, permitting procedures, barbeque grill checks, and propane tanks. Chairman McCarter said we would never deny the use of the Town ambulance, but we are looking for it to be used as a last resort, with Tweeter providing their own ambulance service and only calling the Town in an emergency, It was suggested that Board of Selectmen Minutes of October 18, 2000 10 other outdoor amphitheaters may have requirements Mansfield may be able to look at and compare with, Mr, Montgomery repeated the care they provide on site, Chief Sliney said that is not the issue. The issue is what they provide between Tweeter Center and the Hospital. Town Manager D'Agostino suggested the ambulance service in the license be upgraded to include what the Chief is looking for. Selectman Donovan suggested fines be instituted when the license is renegotiated, Town Manger D'Agostino said just because they're not there now does not mean they cannot be instituted now, as long as they are not arbitrary or capricious, The license allows us to do that. Mr. Novack noted they have often agreed to disagree, and that is what is applicable in the negotiation of the license, Chief Sliney emphasized that he does not want a repeat of this summer and wants to be sure we get the coverage and protection needed. He suggested that perhaps the license should require that a copy of the emergency service contracts be provided, since he was unable to obtain them. Language within the present license allows for action to be taken by the Board. Mr. Montgomery noted it is too late at this time to suspend or revoke the license, as it expired two days ago. Selectman Amoruso suggested if we establish a reasonable standard, Tweeter would meet it and we should expect to be provided with the information necessary to know the standards are being met. Dr. Auerbach assured the Board of Selectmen that at no time during the operation of the Tweeter Center throughout the season was there a time that patrons did not get the care they needed and the service provided at all times met the intent of the agreement with the Town of Mansfield. They are willing to provide all information and protocols. The only thing they cannot share is the care to the patients. Chair':l1an McCarter thanked them for tonight's discussion and admission of a violation. Mr. Novack requested if there were such a letter of reprimand or warning, he would hope it would sayan "inadvertent" violation. Motion: To send a letter stating we held this hearing and there was an admission of an ALS violation and should this happen again, additional action will be necessary. (Donovan-Wills) All in favor Passes Selectman Amoruso noted the most important thing is to work together to improve the license. Board of Selectmen Minutes of October 18, 2000 11 Selectmen and t.he Town Manager reminded everyone present and those watching at home that Town Meeting has been continued to next Tuesday at 7:00 p.m, and there are still a number of items on the warrant that are necessary for the Town to do, including the zoning changes necessary to attract businesses and industry, and the action needed on the easements for the Train Station so we can get the project done while the money is available. The Williams Street Bridge also needs to be acted on, If we get 100 people present to start the meeting on time, we should be out of there at a reasonable time. Finishing the business at this time will help in keeping the Annual Town Meeting to a reasonable length, Selectman Donovan noted the reporting methods for the attendance figures provided by the Tweeter Center on the nights of their curfew violations were different for the two concerts, It was noted that for one concert we were not given the turnstile figures because there is an FBI investigation underway regarding counterfeit tickets, Attendance reports, arrest records, ambulance reports, etcetera can be required in next year's license if Board members feel they are necessary, but at this point they have provided the information as required by the current license. Motion: To adjourn at 10:23 p.m. (Robinson-Wills) All in favor Passes / (: jf;jt /O/ð r-:/OO Date bf AP~val Signatur Board of Selectmen Minutes of October 18, 2000 12