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HomeMy WebLinkAboutmin brd of selectmen 08/29/01 r Board of Selectmen Minutes of August 29. 2001 RECEIVED TO CI n~:,<s OFF ICE o I SEP - 6 AM 9: I 0 Present: ~it\HSF¡ELO MASSACHUSETTS Chairman Louis P. Amoruso; Clerk Michael W. McCue; and Selectmen David W. McCarter 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 pending litigation and land taking assessments and to return to Open Session at the conclusion of the discussion. (Donovan-McCue) Roll Call Vote: McCarter, aye; McCue, aye; Donovan, aye; Amoruso, aye. All in favor. Passes The meeting reconvened in Open Session at 8:30 p.m. followed by the Pledge of Allegiance to the Flag. r Lt. George Figueredo was present to represent the Mansfield Police Department. Nancy Grey McNeeley, owner of the lot, and her husband, Dan McGonagle, were present to answer to the alleged violation. Lt. Figuerdo noted Officer Coughlin went to the lot at 10:00 p.m. on July 25th and counted 98 vehicles. The lot is licensed for 77. Ms. McNeeley explained there is an area in the back of the building that did not have cars parked, but rather vehicles left there by the tenants of the building, including two large trailer trucks. They were not expecting the number of cars that arrived. The receipts were given to Ms. McNeeley and the income did not show there were 98 cars parked. There were additional vehicles on the lot, and the overage was not intentional. The receipts indicated 78 cars were parked. Chairman Amoruso questioned how they could have missed an actual count if there are marked spaces. Ms. McNeeley noted it was because of the two trailer trucks r parked there. Board of Selectmen Minutes of August 29, 2001 1 r Motion: To give them a written warning (Donovan-no second) Motion: To give them a written warning, unless a warning was issued for last year's violation (McCarter-no second) Motion: To find there was a violation and move to suspend the disposition until the prior action of the board can be reviewed (McCarter-McCue) 4-0 Passes · Warrant No. 09 in the amount of $1,670,899.87 Motion: To approve and sign (McCue-McCarter) 4-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes r · Warrant No. 10 in the amount of $1,748,309.36 Motion: To approve and sign (Donovan-McCarter) 4-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Executive Session Minutes of August 15, 2001 Motion: To approve and sign, but not release (McCue-Donovan) 4-0 Passes · Open Session Minutes of August 15, 2001 Motion: To approve and sign (McCue-Donovan) 4-0 Passes · Orders of Taking (to be voted and signed) and As-Built Plans (to be signed) for Millstone Court and Mill Farm Drive as approved at the Annual Town Meeting Motion: To approve the Orders of Taking for Millstone Court and Mill Farm Drive and sign the Orders of Taking and the As-Built Plans (McCarter-Donovan) 4-0 Passes r Board of Selectmen Minutes of August 29, 2001 2 (' Town Manager and Staff Correspondence · Memorandum from Helen Christian, Town Clerk, with possible dates for a Saturday Special Town Meeting as requested · Memorandum from John Sullivan, Town Engineer, recommending approval of drainlayer's application of Timothy Mello Excavating, 46 North Worcester Street, Norton Motion : To approve (McCarter-Donovan) 4-0 Passes · Memorandum from Kurt Gaffney, Water Operations Manager, recommending removal of the water ban effective Monday, September 10th Motion: To remove the water ban effective Monday, September 10th as recommended (McCue-McCarter) 4-0 Passes r · Memorandum from Gale Farrugia, COA Director, requesting Selectmen write a letter in support of House Bill 2533 "An Act Regarding Elderly Abuse" to Senator Mark Montigny, Chairman of the Senate Ways and Means Committee Motion: To send the letter to Senator Montigny and to Senator Sprague as well (Donovan-McCue) 4-0 Passes · Position Description: Office of Veterans' Services, Veterans' Graves Officer for review and acceptance Town Manager D'Agostino noted the position is a requirement of the State. We have not had the position previously, but it was funded at Town Meeting at $1,200. per year. The Veterans' Graves Officer must be a veteran and a Mansfield resident. Motion : To approve (Donovan-McCue) 4-0 Passes · Memorandum from John Sullivan, Town Engineer, re: final betterment, Branch Street sewer with documents attached for signature Motion: To approve and sign (McCarter-Donovan) 4-0 Passes r Board of Selectmen Minutes of August 29, 2001 3 (' · Memorandum from Kurt Gaffney, Water Operations Manager, recommending approval of the water connection for Clark Shores Condominium Association off Lakeview Road Selectman McCarter noted this is the first time he's seen such a request prepared by Woodard and Curran and questioned if this can't be done by staff. Town Manager D'Agostino noted Woodard and Curran updates the model. It should be done in-house if we have the capability: if not, we should have Mr. Gaffney in to explain why. Motion : To approve (McCarter-Donovan) 4-0 Passes · Letter from Gale Farrugia, COA Director, in response to information requested by Clerk McCue regarding HB 2533 .. An Act Regarding Elderly Abuse" This bill has been the result of the elderly abuse case in Mansfield Gale Farrugia has been working closely with Rep. Poirier to get the bill passed; however, there are many opposed to it and it's an uphill battle. r · Notice from the Light Department regarding work being done at the Gilbert Street sub-station that will necessitate power being turned off for an hour at most on Saturday morning at 5:00 a.m. Clerk McCue read the notice for the public's information and it has been posted on Cable. Clarification was requested to more accurately identify the area. · Memo from Richard Boucher, Treasurer/Collector, re: Bond Anticipation Notes for the purchase of the 19 acres on Essex Street Motion: To approve the sale of $830,000 at 3.125 percent, Bond Anticipation Note of the town dated September 6, 2001, and payable September 5, 2002, to Quick & Reilly, Inc. at par and accrued interest plus a premium of $2,365. (McCarter-Donovan) 4-0 Passes Motion: Further move to confirm the consent dated August 27, 2001 to the financial advisor bidding for the notes (McCue-Donovan) 4-0 Passes Motion: To sign the accompanying documents (McCarter-Donovan) 4-0 Passes r Board of Selectmen Minutes of August 29, 2001 4 r Board and Committee Correspondence · Letter from Louis F. Andrews, Chairman of the Ad Hoc Committee to Review Town Meeting Procedures, reporting objectives established at the committee's first meeting and announcing the next meeting has been scheduled for September 6th at 7:30 p.m. There is a request that Selectmen approve a budget of $500 for clerical help to help them attain their goals. It will come from the Town Manager's budget for professional/technical assistance. Motion: To approve the $500 request subject to their being sufficient funds in the Town Manager's budget (McCarter-McCue) 4-0 Passes State and Local Government r · Letter from Canton Board of Selectmen requesting Mansfield's support, participation and commitment to seek an investigation and determination by the Division of Local Mandates as to whether or not the Legislature violated the anti-mandate provisions of Proposition 2 î when enacting the Teachers Early Retirement Law. Clerk McCue noted the MMA has endorsed this and further elaborated on the contents of the letter. Additional information wH/ be obtained and the Town Manager wJ1l discuss it with the School Superintendent. Residents · Letter from Steve MacCaffrie of Mill Street outlining several of his concerns in lieu of taking up time during questions and comments · Letter from Tim McGee of 272 Ware Street writing on behalf of the Mansfield Music and Arts Society in support of the Holiday Light Spectacular proposed for the Tweeter Center Selectman McCarter noted there was a hearing before the Zoning Board of Appeals and there was a question as to whether this could become a permanent event. He also suggested it could be controlled by the need for an entertainment license if the variance is granted Chairman Amoruso said he was present at that meeting and the issues are far more complex than they appear to be on the surface. Other Correspondence r Board of Selectmen Minutes of August 29, 2001 5 r · Letter from Sarah S. Bloor on behalf of the March of Dimes requesting permission for a one-mile, noontime "Corporate Walk in the Park" in the Cabot Business Park on Friday, October 12th - waiting for approval from the Police and Fire Chiefs Table until recommendation of Police and Fire Chiefs is received. · Letter from Jayne Haworth on behalf of the United Way fund-raising campaign requesting permission to erect their goal thermometers on the North, South, and East Commons the week of September 10th and for them to remain standing until the conclusion of the campaign on or about December 14th. Motion: To approve the sign for the South Common only, with the actual placement to be coordinated with Mike Ahern (McCue-McCarter) 4-0 Passes r . Letter from VFW asking for a change of their alcohol license suspension from September 9th when they have a booking for a baby shower, to either the 16th or 23rd of September, when they have no functions scheduled Motion: To postpone until September 23rd (Donovan-McCarter) Donovan and McCarter in favor, Amoruso and McCue opposed 2-2 Fails Lou Andrews of Fruit Street - inquired as to the status of the Town Meeting Survey. Clerk McCue noted they are trickling in and he'd hoped for a better return. The sample size is currently 70-80 with a voting population much higher. He wH/ put something together regardless of the final count. The most valuable input thus far has been in the comment section and he will provide that information in his report. Mr. Andrews noted the Ad Hoc Committee is meeting again on September 6th and it would be helpful to have input from the surveys at that time. He also noted the Town website has been updated and contains valuable and helpful information for residents. The Selectmen and Town Manager thanked Mr. Andrews for his work in updating and improving the website. George Dentino of Gladiola Terrace - noted he read the town is looking at a bid for the fire engine for $1,000. That was the trade-in offer and it was not accepted It will be going out to bid Congratulated the Town on financing the Essex Street r land at a low interest rate and asked about re-financing some of our long-term debt to get a better rate. We have agreements with banks that they will get a Board of Selectmen Minutes of August 29, 2001 6 r percentage of anything they save us and it's done on a continual basis. We can have Town Treasurer Boucher in at a future meeting to discuss this. Commented on the Canton Board of Selectmen's letter regarding the teacher retirement package. Spoke on the Town's billing of the Light Department and comments he read in the paper. Having failed to be able to come up with a formula by which the Town might have arrived at the charges, he asked for an accounting and an explanation of how the Town came up with the charges. Asked if we've received an opinion from Town Counsel regarding the contract with the trash hauler. The Town Manager read Town Counsel's letter stating the provisions of the 1996 disposal of solid wastes outside of the State rules and regulations, with the subsequent change of law to exclude recyclers. NEED has always argued the prior law did not pertain to them as recyclers and they could therefore deposit in the central landfill. Based on the change of law in 2000, they are no longer entitled to do that. Mr. Dentino stated it's been illegal to pick up trash in Massachusetts and dump it in Rhode Island since the 1980's. There are several places in Massachusetts where it can be taken, and the contract never specified what landfill it would be taken to. Selectman McCarter stated we should seek to enforce the contract with him but does not want to jeopardize the trash collection for the people of Mansfield The Town Manager noted we're proceeding cautiously to protect the interests of the Town. If we can't reach a resolution, we are working on other options as a backup and are r taking a pro-active approach to be sure we are not held hostage and provide a seamless transition if necessary. Noted the Tweeter Center was discussing the Light Show back two years ago and asked if it was done in Executive Session. It has not been discussed and the first we heard of it was in April or May and there was no more than what was talked about at the Sidewalk Sale. Ken Butler of the MMAS and Mr. Burke met to discuss what the procedure would be to allow it to happen, and that was the last we heard of it. There was limited staff discussion, but there was no discussion with or by the Board The Town Manager reported: . The Treasurer has informed him of the need to borrow for a revenue bond. In the past it was borrowed from the Light Department, but that is no longer possible. This is an annual problem which results because we bill for taxes twice a year rather than quarterly. These will be bonds in anticipation of revenue to meet our payroll and expenses. There is money in the budget for short-term borrowing expenses. r · A meeting has been scheduled with staff on the Memorial Park project. A meeting is being scheduled with abutters to update them on the progress of Board of Selectmen Minutes of August 29, 2001 7 r the parking lot and other related issues, such as the angling of the lighting. The board will need to discuss limiting on-street parking regulations for game events now that the parking lot is complete. Selectmen McCarter noted at a recent scrimmage event he attended, there was not a parking space to be found If temporary no parking is set up, it will need to be enforced and cars towed. The meeting will take place Thursday, September 20th at Town Hall. · Jim O'Driscoll called to say that Gary D'Ambra should be commended for his actions at a recent accident scene at Chilson Avenue and Cottage Street in reporting bodily injuries by way of the new radio system and establishing rapid communication with the Police and Fire Departments. · We are proceeding with a grant application for elderly and low and moderate income home repairs and assistance. The draft will be available for review next week. We expect the grant to be about $480,000 plus the cost of administration and we should be able to help 12-15 families with the funds. This will allow the elderly to stay in their homes longer and provide stability for the Town. r · Was asked to contact Mr. Ting regarding any proposals he may have for the former Great Waves site. He has not heard back from him and will write to him formally. Selectman Donovan: · Had a couple of calls about bad potholes in the middle of School Street on either side of the lights; benches that are no longer at Fulton Pond; complaints about the lights at Route 106, with the caller wanting to know why there's not a yellow pedestrian crossing light. He advised them Route 106 is a State road · Would like a full accounting of legal costs for the last two alcohol violations. Selectman McCarter advised the Board as to how Town Counsel came to be used for these hearings. Clerk McCue: · Reminded residents of the need to respond to the Town Meeting Survey quickly. r Chairman Amoruso: Board of Selectmen Minutes of August 29, 2001 8 r · Asked about establishing a meeting with all the towns represented by Southeastern Regional School District and asked the Town Manager to call other Town Managers regarding their interest in pursuing it at the upcoming MMA Annual Meeting. Selectman McCarter: · Asked about sponsoring an article at Special Town Meeting to get the Clemmey Tank property cleaned up, subject to the availability of funds. Clerk McCue: . Need to put out a plea for a SRPEDD representative for the Board as their meetings conflict with ours. He suggested contacting one of the gentlemen who ran for selectmen in the spring and putting a notice on cable. · SPREDD's position on the Route 106 resurfacing project needs to be evaluated- we were initially listed and are no longer listed on any of the budgets through 2008. John Sullivan will be asked to update us on this. r . Asked about the Town's ability to and the legality of withholding personal information from board and committee applications. The Town Manager suggested if there's information we want withhold, then we not ask for it on the application. Chairman Amoruso noted that in becoming a public official, or even applying to do so, there's a certain amount of privacy that individuals sacrifice in doing so and it's the process used Selectman McCarter suggested making some information optional. The Town Manager suggested adding a disclaimer statement that any questions an applicant feels uncomfortable with he is not required to answer. The Town Clerk will be asked more about this. Motion: To adjourn at 10:53 p.m. (Donovan-McCue) 4-0 Passes ,""'-" ~~k.Ji¡At Signature of Clerk 5 5tf () f Date of Approval Board of Selectmen Minutes of August 29, 2001 9