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HomeMy WebLinkAboutmin brd of selectmen 12/05/01 , i ¡ r;;FC~'\lLO \ \'_" I._I 'j I... " C'-¡ .'1' fiçr ICr- .. .) ...., r ¡: Jf Board of Selectmen Minutes of December 5. 2001 01 DEC '3 M\ 10: I 9 ~; , ",', ' "~ L 0 n¡1IÌI~;; JL t'1ASSÞ,C¡¡USETTS 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 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 24 in the amount of $3,320,016.47 Motion : To approve (Donovan-McCarter) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes r · Minutes of November 28, 2001 Board of Selectmen's meeting Motion : To approve (McCue-Donovan) 5-0 Passes · Minutes of December 3, 2001 meeting prior to the Special Town Meeting Motion : To approve (McCue-Donovan) 5-0 Passes Town ManaQer and Staff Memo from Ptlm. L. M. Lawson to Chief O'Neill re: crosswalk request for intersection of Cobb and South Main Streets - DPW Director Lee Azinheira has requested the Board's vote to authorize this Motion: To table and find out how much it's going to cost, who's going to do it, if it's a State road (Donovan-McCue) 5-0 Passes r Memo from DPW Director Lee Azinheira re: crosswalk request at South Main Street and Webb Place - requests Board's vote to authorize this Board of Selectmen Minutes of December 5, 2001 1 r Motion : To proceed (Donovan-McCarter) 5-0 Passes Memo from Town Treasurer/Collector Richard V. Boucher with two (2) votes to be taken to approve the sale of bond anticipation note and to confirm the consent dated December 5, 2001 to the financial advisor bidding for the bonds Motion: To approve the sale of a $1,150,000 1.98 percent Bond Anticipation Note of the Town dated December 12, 2001 and payable September 5, 2002 to Fleet National Bank at par and accrued interest. (Donovan-McCarter) 5-0 Passes Motion: To further vote that the consent dated December 5, 2001 to the financial advisor bidding for the bonds is hereby confirmed (Wills-Donovan) 5-0 Passes Boards and Committees Letter from William H. Gerber, Jr. of Mansfield Cable Access re: costs for realignment of channels by AT&T and request for a meeting to discuss the fifth Access Channel r Letter from William H. Gerber, Jr. of Mansfield Cable Access re: information necessary from AT&T with regarding the evaluating the negotiations for the new contract -Chairman Amoruso will contact Mr. Gerber about setting up a time for a meeting and forward the request for information to A T & T Broadband The following license applications have been reviewed and approved by the appropriate department heads and are presented for the Selectmen's review and approval: Public Entertainment on Sunday South Shore Antique Auto Foundation for flea market and show on May 18- 19,2002, at the Tweeter Center LaDonna Restaurant, Inc., 131 Copeland Drive Motion : To approve (Wills-Donovan) 5-0 Passes Live Entertainment Weekdays LaDonna Restaurant, Inc., 131 Copeland Drive r Motion : To approve (Wills-Donovan) 5-0 Passes Board of Selectmen Minutes of December 5, 2001 2 r Common Victualler Gary P. & Janet S. Eagan dba Honey Dew Donuts, 99 Copeland Drive LaDonna Restaurant, Inc., 131 Copeland Drive Motion : To approve (Donovan-Wills) 5-0 Passes Common Victualler All Alcoholic Beverages LaDonna Restaurant, Inc. 131 Copeland Drive Motion : To approve (Donovan-McCue) 5-0 Passes New Resident - John Sullivan of Union Street Extension - re: notice in paper about AT&T raising the fee for basic cable. He noted the rates discussed in the notice and questioned how they can increase the rates without going before the licensing authority for a hearing. He also pointed out a statement made in literature from AT&T noting they can change the rate whenever they want according to law. ,r Chairman Amoruso noted that under the current laws they are in fact allowed to do that. He advised Mr. Sullivan that we will be represented at a rate hearing in Taunton on December 1fh. The FCC is permitting the increases, and Federal law overrides state and local regulations. Selectmen suggested a referendum question be put on the ballot if possible to see if townspeople are interested in having a local cable company. Mr. Sullivan spoke of a medical emergency in his family recently and commended Lt. Puleo and the paramedics for the excellent service. George Dentino of Gladiola Terrace - noted stopping at several departments in Town Hall today asking for information and being told the request would have to be submitted in writing and would be fulfilled within ten days. He asked if this is a new policy. Town Manager D'Agostino noted the policy of August 28, 1998 regarding requests for information and read the policy. He spoke of the request made at the Town Accountant's office today wherein the Town Accountant asked that he write down specific bills he was interested in looking at. Mr. Dentino was given a copy of the policy and memo to staff. r Board of Selectmen Minutes of December 5, 2001 3 r The hearing notice, as it appeared in the Sun Chronicle on November 20, 2001 was read into the record. Motion: To open the public hearing at 8:00 p.m. (McCarter-McCue) 5-0 Passes Andres Gazzolo was present to answer questions of the Board. This is the ninth renewal of the license. He noted the amusement devices are used primarily by the siblings of those youngsters playing soccer. Karl Clemmey of 750 South Main Street - a direct abutter, stated when the land was developed there were stipulations made about the noise and asked that the record show his statement about the noise that comes from the facility. He noted many complaints made to the Police Department and stated nothing has been done about it. Motion: To close the public hearing at 8:05 p.m. (Wills-Donovan) 5-0 Passes Motion: To grant the renewal of the license (Wills-Donovan) 5-0 Passes r The notice of the hearing, as it was mailed to all abutters and posted with the Town Clerk, was read into the record. Motion: To open the public hearing at 8:15 p.m. (McCue-Donovan) 5-0 Passes Present were David Flewelling, Regional Utility Coordinator for AT&T Broadband, and Frank Foss, Manager of Government Affairs for ATT&T Broadband. Chairman Amoruso noted the ad was placed in the newspaper, but not printed. Mass General Laws require only that all abutters be notified, and that was done by certified mail, with proof of notification being provided. Mr. Flewelling described the work to be done and the path the conduit would take. They are waiting for the State permit for crossing Route 95. He noted this was a continuation of the work to be done, a portion of which was covered under a previous order. Discussion was held about the promise of AT&Ts predecessor to put conduit underground in the downtown area at no cost to the Town when the r overhead wires are removed. Board of Selectmen Minutes of December 5, 2001 4 r Mr. Foss distributed copies of pages 32 and 33 of the current license--Section 3.14 wherein this was agreed to, and noted they will abide by their license. The technicalities of the project were reviewed in accordance with the plan submitted. William Gerber of 362 Central Street suggested it would be to the Town's advantage to insure that all conditions of AT&Ts contract with the Town are being met before approval is given for the conduit. Mr. Foss addressed parental control issues questioned by Mr. Gerber. Mr. Gerber requested that Cable Access be provided with the specifics of the parental control devices possible. Motion: To close the public hearing at 8:28 p.m. (Wills-Donovan) 5-0 Passes Motion: To grant permission with the condition that the cable wires In the downtown area be placed underground when the overhead wires are removed (Donovan-Wills) 5-0 Passes Vice Chairman Wills advised Mr. Foss that when watching him on cable television at the Ad Hoc Committee meeting, he was sufficiently upset with Mr. Foss' answers that he considered, for the first time, the advantages of going to our own cable company. Mr. Foss noted it was a "negotiating" session and such sessions are often r firery. He declined to discuss it further. The notice of the public hearing, as it appeared in the Sun Chronicle on November 21st and November 28th was read into the record. Motion: To open the public hearing at 8:30 p.m. (McCarter-Donovan) 5-0 Passes Assessors John McNair, Paul Folkman, Mike Eagan, and Assistant Assessor Ed O'Neil were present. Mr. Eagan presented the Assessors recommendation, noting that on a 2-1 vote they recommended a single rate of $15.44 per thousand for both residential and commercial. A 10'}'o differential would be $14.97 for residential/$16.98 for commercial. He further reviewed the rates at various differentials and the resulting rates throughout the years. He noted that last year the average home was just under $200,000 and is now $258,000 with the revaluation. Last year's r average bill was $3,736. At the higher assessment and lower rate it would be Board of Selectmen Minutes of December 5,2001 5 r $3,990, just under a 7 percent increase. He noted the rates were comparable to our neighboring communities of Norton, Easton and Foxboro and slightly different than some other communities in the area. Looking back to 1991, commercial was 33 percent of the base. With the increase in residential property over the last ten years, commercial is now only 23 percent. Selectmen McCarter pointed out that we have override votes reflected in these rates that some other communities do not. Town Manager D'Agostino noted there have been some recent sales in the commercial segment that have been for significantly more than the newly assessed values. The recommendation to go to a single rate was based on different philosophies. Mr. Eagan stated his reason was the need to attract businesses and compete for them with neighboring towns. He noted the expansion of the commercial buildings lately adding floors and building up. He spoke of the increased revenue produced for the Town, noting we need to encourage such vertical expansion. Assessor McNair, who held the minority opinion, said he does not believe the split rate will discourage industrial and business growth and he likes to give a break to residents- r particularly those on fixed incomes. Mr. Folkman added that a split rate comes across as a surtax on commercial property, and the percentage has been gradually decreased over time. He suggested one rate is fair, and with everyone's property valued at 100 percent valuation, we're picking on a segment of the tax base that uses more services than the residential base and the differential has been reduced gradually over time. Clerk McCue noted the tax rate difference is not significant with the split rate and comes across as "unfriendly" to business. He suggested that with the current recession, a single rate will assist businesses in remaining viable. Chairman Amoruso noted a single rate will result in a 14 percent decrease for commercial, while residential is being hit with a 7 percent increase. He pointed out that it is not fair to the residents of town. Treasurer/Collector Richard Boucher reviewed the history of the split rate, noting prior to Proposition 2 -î, most residential property was taxed at 40 percent and commercial at 60 percent. When everything went up to 100 percent, industrial received a big benefit and the rate classification was devised to even the burden. Town Manager D'Agostino noted we will have much competition over the next ten years with other communities and we're currently faced with not having much developable land. As values in land continue to increase, "big box" facilities will leave and be replaced with bio-technical based businesses offering higher paying r jobs. Board of Selectmen Minutes of December 5, 2001 6 r Resident John Sullivan spoke of the service provided to commercial in one town was far greater than to residential-particularly police and fire with the service demand from malls for stolen cars, traffic, etc. He noted this was the case in Dedham and it will happen in Mansfield. Walter Jenkins, 15 Conrod Court and the Chairman of the Industrial Development Commission - spoke of a conversation with National Development and AMB and expressed their concerns with the long-term viability of the park, noting the rate is a matter of perception. He noted the common areas within the park are maintained by contributions from the park tenants. Mr. Jenkins referred to page 7 of the Assessors' report, stating they are bearing their burden of value. He noted the importance of the park and the asset it is to the town, pointing out they bring value to the town both with their buildings and their equipment. He suggested a single rate tax makes us competitive in attracting businesses to Mansfield. The rate is always compared to Franklin. Mr. Folkman noted the "ugliest" event during his tenure was the betterment tax imposed on the park about six years ago. That action resulted in businesses coming in for abatements and bitterness that resulted when their taxes were increased and the services were decreased. r Ralph Penney, business owner and home owner and former Selectmen - noted his disappointment that there were no taxpayers present. He said he would like to see us move to a single rate and asked if we're in the peak years of paying off our bonds. We've just hit the peak and debt payments are starting to decrease. Mr. Penney noted the split rate with businesses being taxed higher sends a bad message. They don't have the children to educate in our schools; they have personal property which we tax; they contribute to and support various causes within the town. He also noted some of the small businesses in town have faces behind them and represent people who live here-not just big business owners. He noted the ability of towns to create a third tax rate for small businesses in a downtown area. Mr. Amoruso noted that commercial does get clobbered and industrial does not. r Ed Tartufo, 9 Brookside Road - noted he was on the Board of Selectmen when the split rate was first discussed. He's never bought into the argument that businesses move into a community because the tax rate is lower. He suggested the vacancy rate in the business park is only 3 percent. He stated it's a "fairness" issue. Selectmen McCarter noted that, at a 102 split, the savings would be only $82. Mr. Tartufo suggested the town's debt is being retired and the difference would disappear over time. He distributed a spreadsheet analysis he prepared comparing the values of 2001 and 2002 vs. the average tax bills for the two years. The Board of Selectmen Minutes of December 5, 2001 7 (' comparison resulted in a 6.8 percent increase for a single family home, going down the line to the industrial taxpayer, where there is a decrease of 14.4 percent. This represents a major shift in the community whereby the burden of taxes is being carried by the residential side. Chairman Amoruso revealed what both his personal and industrial tax bills would be under the single rate, noting he would save $3,000 in taxes on his business with the flat rate-but stated he still could not support putting the burden on the back of residents. He suggested perhaps decreasing the split, but not eliminating it. Assessor McNair noted that over the years, regardless of the assessment the major industrial players come in every year looking for abatements. Town Manager D'Agostino noted the vacancy rate has increased slightly within the industrial park and appears to be going in that direction. (' Selectman McCue said that on average we're looking at less that a $50 shift. On average with an annual $1000 household electric bill, we'll be seeing a savings of $90 with the decrease in the rate. If we agree to go in the direction of a lesser split or equalized rate, we have a responsibility to reach out in other ways to mitigate the tax increase. Town Manager D'Agostino noted we sent a strong message to the seniors and other eligible homeowners, when we instituted abatement programs, that we care about them and want them to be able to stay in their homes. Motion: To close the public hearing at 9:56 p.m. (Wills-McCue) 5-0 Passes Motion: To move to an equalized tax rate (Wills-McCue) 4-1 with Chairman Amoruso opposed Passes (' The Town Manager: Reported that the Town lost its appeal in the judgment case of John Larch against the Mansfield Light Department. The judgment is slightly over $1 million and the full amount of the judgment was dealt with in the prior year at the direction of the auditors, Jack Beliveau and himself. Because this money was set aside from retained earnings, the rate will not be affected. The money needs to be paid quickly because the interest is accruing. Any money we can get back from the insurance company will return to retained earnings. Invite Susan Jacobs in for an Executive Session at the Light Commissioners meeting on December 17h. Board of Selectmen Minutes of December 5, 2001 8 (' The Town is interested in a reverse 911 technology whereby we can target specific geographical areas to alert residents to public safety issues. Bill August is looking at a regional technology. The cost is estimated at $30,000. To explore it through Mr. August would cost Mansfield and surrounding communities $450 each. Chairman Amoruso suggested it is an expense to go before the Capital Improvements Program committee. Selectman Donovan suggested forming a committee to take a look at it. It was the consensus of the Board to look at it regionally as long as we have the $450. Motion: To approve the $450 to study the regional aspect (McCue-Wills) 5-0 Passes Reported on a statement made by Mr. MacCaffrie regarding the Town giving out information and providing lists to contractors as to who in Town is on septic systems. After investigating the matter further, Mr. D'Agostino reported that the Town does not supply such information to contractors or others. Has asked Mr. Azinheira for a written report on the status of the sludge compost process and the sale of composted material. r Contacted Ken Hackett to have him include water meter readings in future reports. We now take daily readings. Has asked Norton to respond relative to a resolution on the disputed water bill. Will ask Lee Azinheira to try to gain closure. We have not paid the $150,000 disputed bill and have not heard further from them. The bill for our normal usage amount was paid. Last week Gerry Scherma had asked to have the flags remain until after Pearl Harbor Day. They were removed by the Light Department earlier because they were beginning to tear and cause minor service outages within the area. The memo crossed the action of the Light Department and Mr. Scherma is not interested in pursuing a policy at this time. Last week there was a question asked as to whether the town has a contract and performance bond in place with the new waste hauler. There is a contract and bond in place and the bond will be renewed each year of the contract for the remaining years of the contract. ,I""""" Mr. MacCaffrie raised the issue of unsightly materials on Route 106 last week. In following up on the quest, it has been ascertained that Mr. DeGiralomo has a bulk storage permit and there is an agreement between two contractors to use the property. Board of Selectmen Minutes of December 5, 2001 9 r , Introduced a new service to residents from the Library to get chapters of new books on-line and, if they like what they read, they can then reserve the book. Residents should expect tax bills to go out between December 10th and 12th. Read a statement relative to last week's meeting regarding Mr. Dentino's questions about particular expenditures at Wendy's, Turner Steel, Highway Department Other, Shepard's Flowers and Special Occasions from the Recreation Revolving Account. He explained in detail the expenditures questioned by Mr. Dentino. He complimented the staff on being the best in Bristol County, if not the Commonwealth. Responded to Mr. MacCaffrie's comment about gravel being removed from the Tweeter Center without a permit. A earth removal permit was issued by the Building Department on April 13, 2000 after receiving a positive recommendation from the Planning Board to remove up to 10,000 cubic yards of surplus gravel on Assessor's May 16, Parcel 8 located on South Main Street. Conditions were established and the site was inspected by the Building Department to ensure compliance. (' Commented that the gentlemen coming before them last week during Questions and Comments are not interested in truth or facts, or they would have taken the time to find them. Selectman Donovan: - The painted lines are worn off pavement at Route 106 and 140, and at 140 and School Street. The intersection lines need to be repainted. He also mentioned a pothole on Branch Street 200 feet from East Street, and another at 8 Park A venue. Selectman McCue: - Asked the Town Manager to look into the status of the liquor license violation proposal he had received from another Town and asked that it be given to Town Counsel. Selectman Wills: (' - Asked about fuel tanks at the Highway Department. We did receive a positive recommendation on a split vote from the Planning Board to go ahead with the Board of Selectmen Minutes of December 5, 2001 10 ~ above-ground tanks. Mr. Penney is completing the design on them now. It will be a more sophisticated system than we've had in the past. It will be monitored at the Police Station 24/7. A code will be put in that will allow a maximum amount of fuel to be dispensed before shutting off automatically. The location will not interfere with future development of other buildings. Selectmen McCarter: - Asked if there have been discussions with Mr. Montgomery relative to their license. Mr. D'Agostino stated has not met with him, but it's scheduled for a hearing next week and department head comments will be available at that time. Questions were asked about the 7,000 new seats to be added in the lawn area. - He also asked if we've heard anything on the Senior Home Repair Grant. It's a Federal grant and should be okay. We'll be notified around Christmas. Chairman Amoruso: - Asked if we're still planning to have a regional meeting of Town Managers and Boards at the MMA meeting. Town Manager D'Agostino said he's talked to Kevin Paicos in Easton and they will be meeting with others. MMA is providing a room and posting the meeting. r Selectman McCue: - Asked for the Board's support to investigate with the state representatives what we need to do to move to on-line voting. It was the consensus of the Board to permit "nascent" investigation of on-line voting. Chairman Amoruso: - Said he would be going to Taunton on Tuesday to speak at the cable rate setting hearing Motion: To adjourn at 10:48 p.m. (Donovan-Wills) 5-0 Passes ,'-- cß:;#ø~ Signature of Clerk /;;2. OC~ O( Date of Approval Board of Selectmen Minutes of December 5,2001 11