HomeMy WebLinkAboutmin brd of selectmen 12/12/01
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Board of Selectmen
Minutes of
December 12, 2001
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Present:
Chairman Louis P. Amoruso; Clerk Michael W. McCue; Vice Chairman
Bradford E. Wills; and Selectmen David W. McCarter and Daniel
Donovan.
Town Manager John O. D'Agostino
The meeting was called to order at 7:00 p.m.
Motion: To go into Executive Session for the purpose of discussing litigation and
to return to Open Session at the conclusion of the discussion.
(McCarter-McCue)
Roll Call Vote: Selectman McCarter - aye; Vice Chairman Wills - aye; Clerk McCue
- aye; Selectman Donovan - aye; Chairman Amoruso - aye. All in favor Passes
The meeting reconvened in Open Session at 7:33 p.m., followed by the Pledge of
Allegiance to the Flag.
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· Warrant No. 25 in the amount of $2,092,058.07
Motion : To approve
(McCarter-Wills) 5-0 with Selectman McCarter abstaining from Municipal
Building Committee payroll Passes
· Minutes of December 5, 2001 Board of Selectmen's meeting
Motion : To approve
(McCue-Wills) 5-0 Passes
The following license applications have been reviewed and approved by the
appropriate department heads and are presented for the Selectmen's review and
approval:
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LodQinQ House
James McLaughlin, Sr. for 5 rooms at 271 North Main Street
Motion : To approve
Board of Selectmen Minutes of December 12, 2001
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(Donovan-McCarter) 5-0 Passes
Class II Auto Dealer
Shaw Auto Leasing Inc., 95 South Main Street
Motion : To approve
(Donovan-McCarter) 4-0 with Selectman Wills not present Passes
Common Victualler
Cousin's Pizza & Subs, 660 East Street
Motion: To approve
(Donovan-McCarter) 4-0 with Selectman Wills not present Passes
Club All Alcohol
Elks Lodge - already approved, but hours were wrong. Needs to be re-signed
Motion: To re-sign
(McCue-McCarter) 4-0 with Selectman Wills not present Passes
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Request for transfer of $5,000 from Reserve Fund to Police Department/Fire
Dispatch for two call-check units
Town Manager D'Agostino noted they are the call-check units originally
requested through a warrant article and were removed with the request that
the call-check unit be obtained through a Reserve Fund transfer. The original
request had been reduced to $2,500 for one unit and it allows the dispatcher to
play back the call if there is any question on it. We have one unit that is
currently operational and one that is not. The Finance Committee will probably
deny the request and allow the Police Department to purchase one unit and come
back for a transfer later in the year if their over-all budget falls short.
Selectman Donovan noted the importance of having the ability to play back any
call to dispatch services in a timely manner in emergency situations.
Motion: To recommend the transfer
(Donovan-Wills) 5-0 Passes
Order for Conduit Location approved last week-3 copies need to be signed
Motion: To sign
(McCue-McCarter) 5-0 Passes
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First installment in the amount of $8,000 (additional $7,000 to come in January
2002) donation of Mansfield Bank towards the restoration of the Fisher
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Richardson House. Mr. D'Agostino advised the Selectmen of a photo
opportunity with bank officials tomorrow at 2 p.m. at the Fisher Richardson
House and invited the Selectmen to attend.
Motion: To accept the donation from the Mansfield Bank for the restoration of
the Fisher Richardson House
(McCarter-McCue) 5-0 Passes
Donation of $1,000 from the South Shore Antique Auto Show to the Mansfield
High School Scholarship Fund
Motion: To accept on behalf of the Town and send to the School Department.
(McCue-Wills) 5-0 Passes
Board and Committee Applicants - New Applicants and/or Contested Appointments
Animal Welfare Committee - term ending
(2 full-time terms ending 1/1/2005, 1 full-time unexpired term ending
1/1/2004; and 1 alternate position for a term ending 1/1/2005 available)
~ Current members applying for reappointment:
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Stacy Howard of 15 Homefield Drive (full-time) - cannot be present tonight,
but is available to come in next week to be interviewed
Richard Myers of 35 Sandy Hill Road (full-time)
Ana Molina-Villella of 5 Kemp Farm Way (alternate)
New applicants:
Wendy Pruell of 25 Spring Street
Melissa Hollenstein of 149 Oakland Street #116
Richard Myers, current chairman, said he would like to continue serving on
the committee of which he has been chairman since January and detailed their
progress with the spay/neuter program. He reviewed his strong animal background
as the regional manager for Petco Stores and noted he deals with animals on a
regular basis. His relationship with the vendor community has resulted in many
donations to the shelter.
Wendy Pruell, Owner of Pampered Pets, noted her desire to serve on the
committee and her experience with animals.
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Mr. Myers spoke on behalf of Ana and Stacy, and noted their desire to be
appointed and his endorsement of their applications. He noted Ana would like to
apply for the position vacated by Matt Miller, and Stacy would like to move up to
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applicants. Clerk McCue commended the committee on the work they do.
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Motion: To approve all four as recommended
(Donovan-McCue) 5-0 Passes
(Richard Myers and Stacy Howard reappointed to the full-time terms ending
2005; Ana Molina-Villella appointed to the full-time tern ending 2004; and
Wendy Pruell appointed to the alternate position for a term ending 2005).
Board of Health for term ending 1/1/2005
(2 openings - 2 new applicants - current members did not re-apply)
Ronald Greene of 179 Winter Street
Christine West of 19 Fieldstone Drive
Ronald Greene, registered nurse from Mass General, spoke of his medical
background and his residency of 14 years in Mansfield.
Motion: To appoint Ronald Greene
(McCue-Donovan) 5-0 Passes
Christine West will be asked to come in next week.
ZoninQ Board of Appeals for term ending 1/1/2005
(1 full-time and 1 associate position open - both members have reapplied; 1 new
applicant)
Eric Butler of 395 South Main Street - current full-time member
Elisabeth Garber-Miller of 11 Riverwood Drive - current associate
Robert Davis of 50 York Road - new applicant
All three candidates were present for interviews.
Robert Davis, a 9-year resident, noted this is his first attempt to serve on a Town
Board and stated he's an attorney.
Elisabeth Garber-Miller, an associate member for the last two years, spoke of her
service to the Board and stated her desire to continue.
Eric Butler noted he is the senior member of the board and enjoys it, bringing his
experience as a benefit.
Selectmen asked various questions of the applicants regarding special permits and
what they believe are the most important characteristic of a ZBA member. Ms.
Garber-Miller noted the importance of treating applicants fairly and courteously,
pointing out that the application of the law can be learned. Mr. Davis stated his
belief that balance is important and the rights of the individuals need to be
balanced with the rights of the Town. An understanding of the rules and how to
apply them is also important. Mr. Butler cited open-mindedness as an important
characteristic.
The Board tabled the decision until later in the meeting due to time constraints.
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Mr. McCue advised Mr. Davis of his first experience in applying for a board and
suggested that he stay involved and re-apply .
Nominations for the full member position: Selectman Wills nominated Eric Butler;
Selectman Donovan nominated Robert Davis
Mr. Butler received 4 votes; Mr. Davis received 1 vote - Mr. Butler was reappointed
Associate Member
Nominations for the associate position: Selectman Wills nominated Elisabeth
Garber-Miller; Selection McCarter nominated Robert Davis
Ms. Garber-Miller received 2 votes (Wills and Amoruso; Mr. Davis received 3 votes
(McCue, Donovan, McCarter) Mr. Davis was appointed.
Board and Committee Applicants for Appointment - Uncontested/Reappointments
Airport Commission - term ending 1/1/2005
Robert Andrews of 511 Fruit Street
Jeffrey Siena of 364 South Main Street
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Board of Assessors - term ending 1/1/2005
John H. McNair of 218 Pratt Street
Conservation Commission - term ending 1/1/2006
Diane Ready of 38 Mill Farm Drive
Jack Smith of 350 Balcom Street
Council on Aging - term ending 1/1/2005
Donna Harrington of 136 Highland Avenue
Mary Butler of 395 South Main Street
Frank G. Nilson of 15 Bungay Road
Finance Committee - term endin9 1/1/2005
Frank DelVecchio of 38 Old North Trail
Andy Gazzolo of 25 South Street
Library Trustees - term ending 1/1/2005
Leonard Epstein of 151 Rumford Avenue
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James Liddick of 6 Millstone Court
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r Recreation Commission - term endinQ 1/1/2005
Lynne McDonnell of 595 Ware Street
Motion: To reappoint those individuals listed above.
(Donovan-Wills) 5-0 Passes
The notice as it appeared in the Sun Chronicle on November 28th was read into the
record.
Motion: To open the public hearing at 8:45 p.m.
(McCarter-Wills) 5-0 Passes
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Sheryl and Tom Reilly of 24 Summit Avenue were present to speak on their
application. Ms. Reilly noted it's a great opportunity for their business, offering
many opportunities to their store. The expansion would be introduced gently into
their business and they would monitor public reaction to it. They currently hold a
beer and wine license that they've had for 14 years, which they believe qualifies
them to operate an all alcohol package store. They hope to become more
specialized to accentuate the business they have.
Selectmen indicated their familiarity with their business and their favorable track
record. Mr. Reilly stated they have five TIPS certified employees. Mr. Reilly
noted his business was operating at that location prior to other businesses moving
into the area. There are two apartments that are part of the property, and that
has not caused any problem. One of the tenants is also an employee.
Chairman Amoruso asked about the size of the store. Mr. Reilly noted it's small and
will be reconfigured to accommodate the response of the community.
Town Manager D'Agostino asked if they would continue to provide food as well, to
which Mr. Reilly responded affirmatively. Their intention, Mr. Reilly stated, is to
utilize the license to some degree once it is approved by the Alcoholic Beverage
Control Commission (ABCC).
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Peter DeTrolio stated he cannot think of a more deserving individual to get the
license.
Motion: To close the public hearing at 8:53 p.m.
(Wills-McCue) 5-0 Passes
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r To approve the license.
(Donovan-Wills) 5-0 Passes
Bruce Montgomery, Executive Director of the Tweeter Center, was present to
address questions and comments on the license. He spoke of the last season as
being one of few problems.
Selectman Wills asked why the radio refers to them as "Tweeter of Boston" and
not Mansfield. Mr. Montgomery noted the website uses that because there are now
five Tweeter Centers throughout the country. People in Illinois don't recognize
where Mansfield is, but they do know where Boston is. It is not part of their
official name or logo.
Selectman McCarter noted this is part of the application process to receive input
and reiterated that follow-up negotiation would be done by the Town Manager. The
process must be completed in 30 days. Mr. D'Agostino noted comments received
from department heads in the review of the license.
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Selectman McCarter asked Mr. Montgomery about the changes they will be making
with the addition of seats in the lawn area. Mr. Montgomery said they are not
increasing the capacity. The number of concession stands will also remain the same.
The current alcohol licenses held by a concessionaire will remain the same as well.
He further explained the additional seats offer ushers and security personnel
greater control. The building permit has been obtained for the additional 124
parking spaces required to meeting zoning requirements. He confirmed that the
current expansion of parking does not currently involve the land owned by the
mobile home park, but there may be a land swap with them in the future to provide
them a buffer from the Tweeter Center.
Selectman Donovan asked about noise issues raised by the Board of Health, noting
they would like to discuss the matter with the Selectmen. Chairman Amoruso asked
if any sound mitigation measures are planned with the new configuration of seats.
Mr. Montgomery noted he does not have the numbers with him, but the dB levels
tracked over the years have been decreasing, with a corresponding decrease in the
number of calls they have been receiving. With the new configuration the wall is
going to be higher and the people attending the concert will be lower. The
footprint of the hill will not be changed, but the sound barrier will be both higher
,-- and closer. They have a baseline study from when the wall was built and will be
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,..-. doing a study to be certain there is no increase. They do, he stated, actually
expect a decrease in the sound level leaving the area. He noted a new technology in
speakers (linear arrays) that give them more control and from which they have seen
a 15 dB decrease in the sound level.
Selectman McCue asked how much of the lawn area will remain. About 50'ro of the
area will hold 7,000 of the 12,000 people on the lawn, as people take up less space
sitting in a chair than they do on a blanket.
George Dentino of Gladiola Terrace asked if a 10:30 p.m. curfew would be possible
instead of 11:00 p.m. Mr. Dentino said it would be unusual and would be difficult for
people to get to the venue early enough. Mr. Dentino then questioned the current
fine structure. Town Manager D'Agostino reviewed the fine structure contained in
last year's license. Selectman McCarter pointed out that there are other sanctions
that can be levied at the Board's discretion. Mr. Dentino read an article from the
Naples Daily News regarding a Dave Matthews Concert in Boulder, CO. He noted
the routine fine imposed when the band went over their 10:30 p.m. curfew that was
far more than substantial than those imposed by Mansfield. He further suggested
that a 10:55 p.m. curfew would give them 5 minutes of leeway.
,'-- Robert Lynch of Elm Street - noted he does not consider himself "part of Bruce's
entourage", as suggested by Mr. Dentino, although he is an employee. He stated he
does not have a vested interest in Great Woods, but the Town of Mansfield. He
noted Great Woods has been of great benefit to the youth of the town in providing
education and experience in supervisory positions. He also pointed out the millions
of dollars that have been provided in salaries over the years, with much of it spent
in the community. Mr. Lynch suggested the Police Department would experience a
higher rate of turnover if the policemen did not have this opportunity to
supplement their incomes.
Peter DeTrolio ,496 Elm Street - asked Mr. Montgomery why, if the speakers are
getting better, the dB levels cannot be lowered. Mr. Montgomery responded that
the records show the levels have come down. Mr. DeTrolio noted that as a resident
of West Mansfield, he has not realized that and further suggested that as a good
neighbor they lower them. He stated Tweeter Center is a business trying to make
money, much like any other business in town, and every business teaches a child
something when they work there and also has a responsibility to be a good neighbor.
Margo Figueredo, 15 Walnut Street - has been an employee since Tweeter Center's
inception and noted they are a valuable part of the community. She urged the
..-.- Selectmen to consider all sides when issuing their license.
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,"- Dianne Bartek -worked at Great Woods as a teenager and supports them. She
noted her ability to finance her college education as a result of working there and
explained how as a social worker today, she looks back and realizes Great Woods
functions as a community within itself in caring for its employees.
Selectman Wills noted his belief that they've always run a good operation. He
stated the Board works well with Tweeter and listens to the concerns of the
people. He reassured the public that if there are arrests and our officers have to
go to Court, Tweeter pays that bill.
Motion: To close the hearing at 9:35 p.m.
(Wills-McCarter) 5-0 Passes
Mr. Clemmey has asked for a separate meeting that will be arranged and will not be
present tonight.
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Steve MacCaffrie of Mill Street - spoke of going to Odyssey dish TV to replace
cable and they indicated in Bristol County they were not allowed to broadcast local
access (channels 4, 5, 6, 7, etc) due to a legislative restriction. Local access is
provided in other areas. He also thanked Scott Leite for getting right back to him
regarding the septic system issue and, after talking to other departments, it was
determined there is no set list provided to private contractors. He also spoke
about the Great Woods earth removal permit, noting he asked about loam and not
gravel. Chairman Amoruso noted speaking with Mr. Montgomery, who stated the
materials moved were mostly wood chips, with some gravel. Nick Riccio and Bert
Cook went out the next day and inspected it and it was miscellaneous material. He
does, however, have to designate on a plan the area for the loam. Mr. MacCaffrie
asked about the materials being stockpiled by the Town that are being screened.
We will attempt to screen it with a buffer area.
Howard Fiske, 73 Spring Street - noted a representative from AT&T came to his
house last night and told him that in three months everything will be digital cable
and there will no longer be any analog service provided. Chairman Amoruso noted we
have had no indication of that, but would not be surprised. Mr. Fiske also
r" mentioned receiving a TV guide from AT&T and being billed $1.70 per month, even
though it was not requested.
Board of Selectmen Minutes of December 12, 2001
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Peter De Trolio, 496 Elm Street - read in the paper that we're starting the Tweeter
Center license process and requested again that we please do something about the
volume this year, noting in 16 years it's only been done once.
George Dentino, Gladiola Terrace - discussed the questions asked two weeks ago
regarding the warrant and noted they were strictly for the Selectmen. He also
noted there were probably legitimate answers, but his intent was to find out if
they're paying attention to what they're signing. Consequently the Town Manager
made a statement that he'd like to address. He noted excluding Mr. D'Agostino and
took exception to his reference as "an unfortunate display" and "holding him to the
same standards." He said he has already met that standard. His purpose was not
to question staff, but to make a point that the Selectmen should know what they're
signing. Mr. Dentino went on to take exception to other statements made by Mr.
D'Agostino and categorized it as a "blatant attempt by Mr. D'Agostino to turn the
staff against him." He noted he did not attack the staff and it was Mr. D'Agostino
who dragged the staff into the matter. He said it's a personal issue on the part of
Mr. D'Agostino and stated, in the words of Marvin Gaye-- "Let's get it on."
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Richard Devine, 6 Morgan Road - spoke of driving over the Route 495 overpass and
noticing two police cars there and black ice on the bridge at 7:00 p.m. Sunday. He
noticed a fast food delivery vehicle off the road and he slid at the top of the hill
when he touched his brakes. He went back and mentioned to the officer that it
would be nice if the officer got out of the car and warned motorists with the use of
a flashlight that there was black ice at the top of the hill. He asked if the Police
Chief has guidelines for handling a situation such as this. He also noted it took over
an hour to get the sander up there.
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He mentioned missing last week's meeting when the tax classification was discussed.
He watched the replay over the weekend and recapped statements made by
Selectmen during the discussion. Mr. Devine reviewed the tax rates for residential
and commercial properties in Cambridge, Burlington, Fall River, Boston, Newton,
Canton, Needham, Lexington, Brookline, and Framingham-all of whom have
drastically split rates with businesses paying a much higher rate than residential.
He noted the result in Mansfield was a 910 increase for residential with a 5810
increase since 1995, while businesses received a reduction. He asked that they re-
consider their vote and contact the Department of Revenue to adjust it. He
suggested the comments made at the meeting do not reflect the reality of the
situation. Selectman McCarter responded-noting the $23. mentioned was the
difference between going from a 102 split to an even rate on an average residential
tax bill and not the total of the increase tax bill due to the revaluation and the tax
rate. Locally only A ttleboro and Taunton have split rates. He noted he has
Board of Selectmen Minutes of December 12, 2001
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r questions about the assessments of the industrial property, pointing out that
industrial property is being sold for far more than the assessed value. He further
defended his decision to vote for an equalized tax rate. Clerk McCue also
addressed Mr. Devine's comments and elaborated on his reasons for voting for the
equalized tax rate. Mr. Devine noted this is a desirable area for industry and his
belief that tax incentives were not necessary to attract industry to Mansfield.
Mr. Devine also spoke about the quality of the video being transmitted by A T& T
and asked that Town Counsel file a complaint with the FCC. He requested the Board
send a letter to A T&T suggesting they remove their management and technical
staff because they're not able to provide a satisfactory picture.
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The Town Manager:
reported the flagpole on the East Common has been repaired and reconstructed
and publicly thanked Bob Bean and Joe Gonsalves for their contributions in
making this possible. This is a flagpole that was originally the mast of a ship and
it was restored under the supervision of Mike Ahern and Vinny Tighe of our
staff .
He'll be taking the week off between Christmas and New Year's and will be
available and in town for any needs that arise.
Reported on the Sludge Compost Facility and provided figures for the period
April through October. All the sludge produced is being converted to compost
that is being analyzed for suitability purposes and we expect it will test to
Grade 1 compost that will be sold for between $2-$5 per cubic yard if we can
maintain that grade.
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Selectman Donovan:
Asked for a report on the Hercules Dumpsite - we've constructed a gate and
have begun monitoring the test wells. At some point we will need additional
money.
Asked for an update on the status of the Clemmey Tank property. Mr. Cook is
issuing cleanup orders to the current owners, Joseph Ditchman. His response
has been "go ahead and clean it." Selectman Wills noted Mr. Clemmey has a May
or June Court date to take ownership from Mr. Ditchman and Mr. Clemmey says
he will clean it up when it becomes his. It will remain private property and the
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town cannot use the property unless it becomes public. Discussion followed
regarding the responsibility and cost of cleaning up private property.
Asked about the progress of the bike trail. It's at 100% design and we believe
it will go out for bid in the spring. As spring approaches we anticipate a
ceremony for the renaming of the trail and commencement of construction.
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Vice Chairman Wills:
Noted Mr. Clemmey asked if we do clean up the Clemmey Tank property whether
we'd be interested in leasing out parking spaces.
Asked about the status of the old ladder truck. It's certified for five years
and can be used as necessary, unless we're able to get a good price for it. It
would also be nice to have it aval'lable if there's an additional fire station down
the road Selectman McCarter asked if we could donate it to the New York City
Fire Department to help in the replacement of equipment they lost. If it were
put out to bid, we would reserve the right to reject any and all bids if they are
too low. The same situation holds true for the motorcycle owned by the Police
Department.
Spoke about questions and comments being the only time the public has to speak
with us and suggested that a "letter war" between the Town Manager and people
speaking or asking questions is not appropriate. He noted that he's asked the
Town Manager not to do that. He noted the public's right to ask questions. The
Town Manager noted he faHs to understand the logic of being asked not to
provide a counterpoint to a point that is made publicly, noting the point made
publicly is not always factual or accurate and requires a response. He stated his
intention is not "to get it on" with anyone, but rather provide education on the
matter to the public. Chairman Amoruso noted the bigger issue is questions and
comments in general, stating they were told at last year's MMAS meeting that
it's suicide to allow it. He questioned, however, the amount of time that is being
taken and the public value of it. He also noted the difficulty in providing detaHs
on a question that someone has taken a great deal of time to research.
Selectman Donovan noted it should not be a quiz where someone asks about
something that happened months ago and then conducts a "Perry Mason
courtroom scene." Clerk McCue noted the Town Manager responded to what he
perceived as a challenge or attack and his motivation was to defend what he saw
as a challenge to the Board Chairman Amoruso noted the Town Manager's
review wi'll be done at next week's meeting and Selectmen have been asked to
establish goals and objectives. He suggested that may be an appropriate
opportunity to address the issue. Selectman McCarter noted questions and
comments is a discretionary part of the meeting and there is the risk that it
may be abused He expressed his hope that it would be of a productive nature
and noted the ability to eliminate it when it is not productive. Chairman
Amoruso noted he has purposely moved questions and comments to various time
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slots to accommodate business that has to be conducted and has no problem
answering any question he can. He does not, however, believe it's productive
when it turns into a cross-examination situation. Selectman McCarter noted it's
a privilege and not a right and care needs to be exercised that it's not abused.
Town Manager D'Agostino noted the only letter he wrote was in response to Mr.
Dentino's editorial on the trash contract to provide another viewpoint.
Motion: To suspend the Town Manager for a month without pay for writing the
letter
(Wills - no second)
Selectman Wills stated the Selectmen are the Town Manager's bosses and he
should do what they say. Mr. McCarter noted their role is in making policy and not
interfering in the day-to-day operation of the town.
Selectman McCarter:
asked for an update on Hatheway Patterson - they've taken samples of the soil
and water and it takes 45 days to get the test results back. Updates have been
placed in the reading file as they are received.
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Asked about winter parking regulations. They begin automatically on December
ft. The Chief has been asked to establish a committee to review the
regulations and he wi/I speak with him to see if that's happened and what
recommendations have been made for changes.
An additional $296,000 was approved in the State budget, but it goes directly to
the School Department.
Selectman Wills - asked when we do the budget if we can separate the benefits for
the school-side and town-side of the budget. We already do that breakdown for
Town Meeting.
Clerk McCue - asked if the next Live Wire could list the various options for senior
citizens regarding tax abatements available and how to apply for them.
Selectman Donovan - noted reading in the Beacon of the opportunity for low-
interest mortgage rates for people who live and work in town. He asked the Town
Manager to see if local banks would be interested in participating in such a program.
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Board of Selectmen Minutes of December 12, 2001
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,~ Chairman Amoruso reported on his visit as an "intervenor" at the cable rate
hearings. He noted the hearing discussed the rates on basic cable only, and it's the
only area that the Division of Cable and Energy, or anyone else, has any say on. It
also only addressed "old" rates that we could not do anything about. He did learn,
however, that there are "basic cable boxes" available for about half the cost of the
regular cable box. He spoke of other pricing situations which cable companies
engage in at the expense of subscribers. He mentioned speaking with a
representative from the town of Somerset who defaulted on AT&T Broadband and
noted their negotiations have been very friendly ever since.
Adjournment
Motion: To adjourn at 10:41 p.m.
(Donovan-McCue) 5-0 Passes
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Signature of Clerk ~Ì'JtÞ.
Date of Approval
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Board of Selectmen Minutes of December 12,2001
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