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HomeMy WebLinkAboutmin brd of selectmen 06/07/00 Board of Selectmen Minutes June 7, 2000 Present: Chairman David W. McCarter; Clerk Bradford E. Wills; Selectmen Louis P. Amoruso and Daniel Donovan. John D'Agostino, Town Manager The meeting was called to order at 7:05 p.m., followed by the Pledge of Allegiance to the Flag. Chairman McCarter read the letter sent to Town Counsel Mangiaratti for the purpose of a possible executive session. Selectman Donovan stated he doesn't think we need Attorney Mangiaratti present for the discussion because he's not an employee. He said he wants to discuss general information about how he's hired. Town Manager D'Agostino advised the Board of Selectmen that Town Counsel has a contract signed in March of 1989 that outlines his roles and responsibilities. Mr. D'Agostino also noted the Board cannot legally go into executive session for the purpose stated by Selectman Donovan. Selectman Donovan then stated he also wants to discuss some of the opinions Town Counsel has given us, who we hire, and the way we do it. Town Counsel Mangiaratti offered to address the Board on some of the issues raised, stating he doesn't think the types of things Selectman Donovan cited are appropriate reasons for executive session. A general policy of how we hire counsel is not covered under any of the provisions of the open meeting law. If the Board were to consider discipline or dismissal, that would be a reason for executive session; however, the individual being discussed must be notified. Motion: To go into executive session for the purpose of discussing some of the decisions made. (Donovan) - no second Chairman McCarter ruled the motion out of order. Town Counsel Mangiaratti said he would prefer to have the discussion In open session. Discussion followed regarding the Great Waves agreement and the negotiating process leading up to it. Attorney Mangiaratti explained that the agreement was worked on over a period of time, much of it prior to Mr. Donovan's election to the Board. Proponents of Great Waves agreed to certain non-required concessions of the Town. In exchange for those concessions, they wanted the Board of Selectmen Minutes of June 7, 2000 to cease opposing the project in their official capacity as the Board of Directors for the Town of Mansfield. Mr. Donovan noted the Board is here to represent the people and that was a terrible decision. He stated he would not want any attorney representing him that would lock him into something like that. Attorney Mangiaratti noted that as Counsel, he does what the majority of the Board directs him to do. Selectman Donovan objected to being "hogtied" by the agreement. Attorney Mangiaratti explained that the agreement says the Board would not oppose the project and that they would provide a letter of support. The letter of support was in a form that the Board already agreed to and was attached to the agreement. When the Selectmen voted to accept the agreement, the letter became part of the agreement. The majority of the Board did what they believed was in the best interest of the people of Mansfield. Selectman Donovan then noted that when people asked Town Counsel questions, he "snapped" at them. Attorney Mangiaratti apologized, noting he tries very hard to be professional and patient, but in the heat of discussion he may have responded more curtly than he should have. Selectmen Donovan's next issue related to the fact that Attorney Mangiaratti is on retainer, should be here when he's needed, and it's time to make a change. He cited the night of the vote on the Great Waves agreement when Town Counsel had to leave early so the vote on the agreement was placed first on the agenda. Attorney Mangiaratti said he always gives this Board his highest priority. Discussion followed, with the Town Manager and Chairman explaining the circumstances of the placement of Great Waves on the agenda that night, none of which involved Attorney Mangiaratti's ability to be present. Selectman Donovan restated his opinion that the agreement was poorly put together and the Board was pressured into signing it. Attorney Mangiaratti explained that it was a very complicated agreement, negotiated by several attorneys over many months. He suggested Mr. Donovan should not leave the public with the impression that it was forced on the Board at the last minute. Clerk Wills noted he understood the agreement, Attorney Mangiaratti has won most of the cases in which he has represented the Town, and he is a reputable attorney. He stated he felt Attorney Mangiaratti was a little short with him when he was asking questions he felt were important. He also noted it was a night of intense pressure when Attorney Mangiaratti was a little short with him and that overall he is pleased with his services. Attorney Mangiaratti expressed his appreciation for Clerk Wills' kind words and noted that he and the Board all agonized over the Great Waves agreement because it was important and it was Minutes of June 7, 2000 2 stressful. He noted his respect for Clerk Wills and apologized for his lack of patience at times during the process. Selectman Donovan asked Attorney Mangiaratti if his specialty is municipal law, to which he responded affirmatively. Selectman Donovan then noted cases for which special counsel has been hired because Attorney Mangiaratti was unable to represent the town due to conflicts of interest. The Town Manager and Town Counsel both noted that has happened only on rare occasions. Selectman Amoruso stated he has no problem with Town Counsel Mangiaratti or the way he's handled our matters, noting he was on the Board throughout the contract negotiations and understood the agreement throughout the process. He stated his belief that signing the agreement was the best thing for the Town and puts the Town in a strong position relative to the agreement reached. He also noted there were some things in the agreement not specifically negotiated at the Board of Selectmen's request, but rather as the result of a number of other people and Boards involved. As discussion continued regarding the agreement, Chairman McCarter asked Town Counsel to explain in layman's terms the portion of the Great Waves agreement referred to by Selectman Donovan in which the Board agreed to drop its opposition. Attorney Mangiaratti said that simply put, it just means that the Selectmen, as the Board of Directors of this corporation, the Town of Mansfield, have agreed not to oppose the project. At the Chairman's request, Attorney Mangiaratti then read the portion of the agreement Selectman Donovan finds objectionable. He admitted the language is confusing and was drafted by the Boston law firm. He pointed out that all it was requiring of the Selectmen was to execute the letter that everyone saw when it was voted on. Selectman Donovan pointed out that Attorney Mangiaratti is now trying to blame some law firm in Boston, noting Mr. Mangiaratti is our attorney and it's time to get rid of him. Attorney Mangiaratti said he's explained it to the best of his ability and it's Selectman Donovan's right not to like it if he doesn't understand it. With regard to dismissing him as Town Counsel, Mr. Mangiaratti advised Selectman Donovan that it would be up to him to convince the rest of the Board to do so. An exchange of words followed. At the conclusion of the discussion, Town Manager D'Agostino advised the Board of Selectmen of one other item he had discussed with Town Counsel regarding the extension of parking for Tweeter Center. He noted the need for the Board to understand where the Town is coming from and the potential effects in other parts of town. He suggested a future meeting when the Zoning Board of Appeals decision is filed to discuss the Town's Zoning By-Law to understand the intent of the zoning from Town Counsel's and to be aware of all the facts. Discussion followed as to the procedure and advisability of appealing decisions of Town boards. Minutes of June 7, 2000 3 Motion: That we don't interfere with that decision of ZBA (Donovan-McCarter) Following further discussion, the motion passed on a 3- 1 vote, with Selectman Amoruso opposed. Passes After the vote it was pointed out the vote would preclude any further discussion of the additional 125 spaces. Motion: To reconsider (Wills-Amoruso) 2-2 with McCarter and Donovan opposed. Fails Fair Stephanie Craton, Grand Prize Winner Jessica Allen - First Prize Katie Higgins - Second Prize Amanda McCafferty - Third Prize Roland Benoit, acting Chairman in Ron Webster's absence, noted the annual contest has been taking place for eleven years with the 6th Graders from Middle School. Chairman McCarter presented certificates on behalf of the Board of Selectmen. Each of the winners pointed out her certificate displayed on the easel, with Chairman McCarter reading the message conveyed by each poster on the issue of Fair Housing. Questions and Comments Chairman McCarter called for questions and comments. There were none. Animal Candidates: Ana Molina-Villella, Matthew Miller, Stacy Howard, Kevin Moran, Jayme A. Glick, Elizabeth "Betsey" Wagner, Richard J. Myers (unable to be present) Terms to be filled are: ReQular Members 2 - three year appointments 2 - two year appointments 1 - one year appointment Alternates 1 -two year appointment Minutes of June 7, 2000 4 1 - one year appointment With the exception of Kevin Moran, all candidates interviewed are currently a volunteer at the Shelter or on the committee. Richard Myers was unable to be at the meeting because of a business meeting for Petco in San Diego. Betsey Wagner arrived late because she was working at Shelter. Candidates were asked how many pets they have at home, how many pets are "too many", which term of service they were seeking appointment to, and their views on animal rights issues. All were in agreement on providing a good environment for the animals at the Shelter, making a dedicated effort to get them adopted, and supporting a spay/neuter program prior to adoption. Nominations: Matt Miller for a one year term as a regular member (Wills-Donovan) 4-0 Passes Jayme Glick and Betsey Wagner for three year terms as regular members (Wills-Donovan) 4-0 Passes Stacie Howard and Ana Villa for 2 year terms as regular members (Wills-Donovan) 4-0 Passes (Vote for Ana Villa later rescinded and revoted) Kevin Moran for a one year term as an alternate member (Wills-Donovan) 4-0 Passes Ana asked to be voted in as alternate and have Richard Myers in her place Richard Myers for a two year term as a regular member (Wills-Donovan) 4-0 Passes Ana Vi lIa for a two year term as an alternate member (Wills-Donovan) 4-0 Passes Present from the Housing Authority were Mike Forbes, Executive Director; Jay Barrows, Chairman; Mary-Lou Cotton; Beth Oberlander; and Edward Carl. Chairman Barrows introduced Mr. DeBaggis as their "most senior member." The Housing Authority and Board of Selectmen joined in recognizing and celebrating William DeBaggis' more than 37 years of service to Mansfield Housing Minutes of June 7, 2000 5 Authority. Mr. Barrows noted Bill was there when Cedar Court, Bicentennial Court, and Park Court were established. Through his foresight and vision, those things came to be. With funding and difficulties we have in dealing with Government, I commend him. A plaque was presented from the Housing Authority, extending their appreciate for his years of service starting in 1957. Chairman McCarter presented a plaque to Mr. DeBaggis on behalf of the Board of Selectmen "in grateful appreciation for 37 years of service as a member of the Mansfield Housing Authority." Selectman Amoruso spoke of Mr. DeBaggis being a "true gentleman" and a person who had the best interest of the Town at heart, noting he served long enough to deserve a chance to relax and let someone do the job. Clerk Wills reminisced about being down at Cedar Court with both of his grandmothers when he was 7 years old and seeing Mr. DeBaggis there then. Selectman Donovan recalled serving with Mr. DeBaggis on the Housing Authority and spoke of how sharp he was, insisting on three reasons for everything. Mr. DeBaggis said he served with good Boards and kind of misses it. He noted Mike Forbes is doing a good job; Jay's a good chairman; and he's pleased to have served the seniors of this town. He noted many former Housing Authority members went on the become Selectmen. Mansfield Sister Cities Present Delegates from the Mansfield, MA Sister Cities group were present to talk about their experience in going over to Mansfield, England, to participate in the Mansfield Sister Cities Millennium Celebration. Present were Kelli and Dennis Baker; Francis and Dianne Baldini; Patrice and Tim Travis; Margaret and Tara Albertini; Bruce Kingsberry; Keith and Karen Petty; Kevin McNatt; and Donna and Frank Whitehead. They reported there were fifteen delegates that went over in May and were the second largest delegation there. They spoke of the kindness extended to them by the people of Mansfield, England and noted they are forming a local chapter of Mansfield Sister Cities Association, with their first meeting scheduled for July 12th. Various gifts were presented to the Town on behalf of the citizens of Mansfield, England and Lord Mansfield himself. They spoke of the economic and governmental benefits that have come from the exchanges, in additional to the social events, noting that Mansfield, Ohio modeled their economic development program after Mansfield, England's, and Mansfield, England, modeled their DARE program after Mansfield, Ohio's. They quoted Lord Mansfield's Minutes of June 7, 2000 6 message that the event "reminds all English speaking people of the world that they're more alike than different." On behalf of the group, Kelli Baker asked the Board of Selectmen to consider funding a "finger" sign for Mansfield, MA. The sign would be put on a pole in the center of town with all the other Mansfield "fingers" pointing to Mansfield, MA, and showing the distance from Mansfield, England. She noted they have all the specs for the sign and the cost would be $496. Town Manager D'Agostino noted after July ¡st we might be able to afford that, taking the money from the DPW sign account. Motion: To approve spending $496 after July 1st for sign for Mansfield, England, designating Mansfield, MA. (Amoruso-Wills) 4-0 Passes Weekly · Warrant No. 48 in the amount of $4,404,493.70 Motion: To sign the warrant. (Amoruso-Wills) All in favor. Passes with Chairman McCarter abstaining from MBC payroll Licenses and Permits · Minutes of May 31, 2000 Motion: To approve (Amoruso-Donovan) All in favor. Passes · Letter from Fred Deusch, Vice President of National Antique Oldsmobile Club, regarding a four day National meet to be held at Holiday Inn in Mansfield July 11-14,2001 - an outdoor flea market with old car parts vendors will be part of the event. It is only for members of the non-profit organization, with no public participation. They would like to know what will be required regarding licenses and permits. If non-profit, fee is waived Also need Tax Number for Department of Revenue. · Request for transfer from Reserve Fund to Selectmen - Legal in the amount of $18,507.37 Selectman Donovan asked who the money is going to and if it's all going to Town Counsel. Clerk Wills read the list of charges from various sources for which Minutes of June 7, 2000 7 the transfer is needed Town Manager D'Agostino explained the need due to a number of legal expenses that were unanticipated Selectman Donovan also questioned how much of it is going to Town Counsel for Great Waves, how much Town Counsel charges per hour, and what happens if the transfer is not approved He stated he believes we should shop around and can do better than $115 per hour for legal advice. Motion: To support the transfer (Amoruso-Wills) 3-1 with Donovan opposed. Passes . Memorandum from Vel Bishop, DPW Billing Supervisor, regarding letter of complaint from Paula Smith-MacDonald regarding a late charge . Letter from Angela Carbonetti, former resident whose family still resides here, regarding recent growth and changes in the Town and encouraging the Board of Selectmen to keep Mansfield a wonderful town in which to live and work Town Manager's Report · Light Department Safety Luncheon for Seniors will be held at the Council on Aging Friday at 10:30 a.m. sponsored by the Light Dept. He urged any members who are able to attend. · Flag Day will be celebrated Wednesday, June 14th at 7 p.m. by Lodge of Elks on the South Common · The Town is scheduled to appear before Housing Committee of Local Affairs June 13th regarding the Williams Street Bridge. Marie Parente, Chairwoman, asked a series of questions which we will FedEx prior to Tuesday. Has has asked our Representatives to be present at the 11:00 a.m. meeting and is looking for favorable recommendation. Legislation has been filed by the Governor to allow the use of conservation land for certain road and bridge purposes and to replace with land close to the lake for public access purposes. · Override referendum election will be Tuesday, June 13th, from 7a.m. - 8 p.m. Superintendent Moretti and Town Manager D'Agostino will be doing a cable TV show explaining override and the ramifications of a positive or negative vote. Trash costs of $912,251 have already been shifted from Town side to the Schools to close their deficit to $674,893. A favorable vote will restore $674,893 to the school operating budget and there will be no trash fee. A Minutes of June 7, 2000 8 negative vote will result in a $161 per year or $37.65 per quarter trash fee. Schools will also have to cut an additional $674, 893 from their budget, resulting in the elimination of 17 t positions. He noted a document is in the reading file from John Moretti enumerating the positions to be cut. Will explain on the Cable TV show we're doing. Selectman Amoruso stated that should an operating override fail, we will be looking at a trash fee of a flat rate for everyone. Eventually he would like to work out another fee structure to encourage recycling and reduce the burden on the elderly. Town Manager D'Agostino noted it is not the intention of the session to advocate a particular position, but simply to present the facts. He noted he is also in the process of putting together an article on recycling for the Live Wire next month and an insert that can be taken out and hung on the refrigerator. Selectman Donovan suggested establishing a penalty for not recycling. Town Manager D'Agostino noted if a trash fee is imposed, there will be an incentive to recycle. Communities in this area are moving in that direction, with 40-50/'0 recycling in communities that have trash fee. He noted Mansfield has a long way to go to reach that percentage. Chairman McCarter said he would favor pay as you throw instead of a flat fee to encourage recycling. Mr. D'Agostino said we would have to use a flat fee for the first year to get us started quickly. We will not be prepared to do that by July 1st if the referendum fails. Clerk Wills suggested contacting companies that would love to come in and show us how it would work in the community should the override fail. Selectman Donovan asked how long we are contracted for with current contract. (two years with option to renew for another 3) With a flat fee, the water bill that goes out in July would incorporate the fee. · He commended the Board for their actions over the last several weeks, with many decisions that have been difficult to make. He noted we can only increase our revenue stream by 2 t/'o based on assessments. Spending has increased at 9-15/'0. The inevitability of that scenario has made it very difficult for this Board and has taken up agenda time for weeks on end. He noted it is a very difficult time in Government right now. The economy is doing well-growing at greater than 2 t /'0, but Government is not allowed to grow at the rate of business. He congratulated the Board on making some difficult decisions. Minutes of June 7, 2000 9 · He thanked Emma and Joe Gonsolves for donating 31 safe gun locks and boxes for Police Department personnel to carry guns home and to protect the families of those officers. This allows for safe storage of ammunition and hardware. He noted they have donated tremendous amounts of money over years to this community. He and the Chief propose at some point over the summer to bring Joe and Emma in to recognize their generous contributions over the years to the Mansfield community. · He is pleased to inform the Board that the Water Resource Commission staff will make a favorable recommendation on the Morrison Well site. It has been a long process. We were one of first communities to go through the Water Resources Act in effect since 1980's. The decision was made to enforce it. We've had an additional $250,000 in expenses because of the Interbasin Transfer Act and will need to transfer funds at a fall town meeting to replace the money used. Our strategy was to be in the ground first, and it has paid off. · Will be out of the office Tuesday, Wednesday and Thursday, beginning June 27th to attend a purchase and procurement seminar. This is the final of three seminars required to be certified by the Inspector General's office, with the first two already completed. Many of staff has been certified and the Inspector General has recognized Mansfield as community that has made significant contribution to purchasing. · Park St drainage - catchbasins had to be designed for that area. They came in yesterday and will be installed next week. Selectman Donovan noted the neighborhood kids had a picnic there today with puddle. Board of Selectmen Old Busine Chairman McCarter asked if a meeting has been set up with the Foxboro & Norton Water Commissioners. (They are both meeting next week and wl'l/ get back to us with some available dates for a Tuesday or Thursday meeting.) He also asked if we have received a decision yet on the Kelley zoning. (It has not yet been filed) Selectman Amoruso reported receiving a call from woman in Eastleigh Estates regarding cell towers going up on Mansfield/Easton line. A public hearing will be held in Easton next Wednesday at their Town Hall and he advised her it may be worthwhile to attend. Town Manager D'Agostino noted there is an effort at the State level to exempt the siting of cell towers from local Zoning By-Laws. The Massachusetts Municipal Association and Selectmen's Association do not support Minutes of June 7, 2000 10 that effort, but it appears the votes are lined up to exempt them from local zoning requirements. Selectman Amoruso said there are many groups opposing it, noting exempting them gives cell towers a status he doesn't think they deserve. He further noted that Mansfield has made a reasonable provision for them in our regulations and it's not fair to have it overridden by state. Clerk Wills Motion: To have John comprise a list of all licenses and permits the Selectmen are in charge of, the fee amount, and the last time fees were raised. The motion was seconded by Selectman Amoruso. Clerk Wills said he believes all fees should be reviewed because he's heard the Building Department is running at deficit. Vote: 3-1 with Selectman Donovan opposed. Chairman McCarter asked about getting updated laminated cards with emergency contact numbers. Town Manager D'Agostino brought up the 4th of July holiday that will fall on a Tuesday this year. He noted there has been some discussion as to whether Town Hall should open for one day and close again and is thinking of floating some sort of day off on that Monday and swapping it for something later on. Financially it would save some money on air conditioning in July. If we have to open on Monday and close again Tuesday, it doesn't make much sense. He also noted there are no due dates for utility bill payments that will be affected. He offered several suggestions, including being open the Friday after Thanksgiving or staffing with a skeleton crew on Monday, ,but noting that defeats the issue of saving the operating costs of opening the building. Chairman McCarter stated he thinks the State offices and Courts will be open. Selectman Amoruso noted his employees would be expecting the day off if he votes to close Town Hall, but is willing to listen to any swap type of deal. He suggested the Town Manager come up with a creative solution. Adjourf"lrrient Motion: To adjourn at 9:50 Amoruso-Wills All in favor. ~ ·l~~! .;~... 'J 'f"' {//¿~Ad (, {/vJ ..~ Clerk'l Signature ¡; J 1"0 / Date of Approval Minutes of June 7, 2000 11