HomeMy WebLinkAboutmin brd of selectmen 07/09/01
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Board of Selectmen
Minutes of
July 9. 2001
RECEIVED
TO\:V~I CI PH,S OFF ICE
o I JUL I 9 AM 9: 55
Present:
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Chairman Louis P. Amoruso; Vice Chairman BMA$AIEH~J;T~erk
Michael W. McCue; and Selectmen David W. McCarter and Daniel
Donovan.
Town Manager John D'Agostino
The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance
to the Flag.
· Warrant No. 54 in the amount of $1,760,289.50
Motion: To approve and sign
(Donovan-McCarter) 5-0 with Vice Chairman Wills abstaining from Voucher
#64744 and Selectman McCarter abstaining from Municipal Building Committee
payroll Passes
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· Warrant No. 02 in the amount of $102,099.24
Motion: To approve and sign
(McCarter-Wills) 5-0 with Selectman McCarter abstaining from Municipal
Building Committee payroll Passes
· Minutes of June 27, 2001
Motion : To approve
(McCue-McCarter) 5-0 Passes
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· Drainlayer's Licenses
Jack Riccio/Riccio Builders
Motion : To approve
(Wills-Donovan) 5-0 Passes
Peter DeGirolamo and Sons, Inc.
Motion : To approve
(Donovan-Wills) 5-0 Passes
Roy DeGirolamo/Cat Alley farm
Motion : To approve
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(Donovan-Wills) 5-0 Passes
Christian & Feck
Motion : To approve
(Donovan-Wills) 5-0 Passes
Turner Brothers,LLC
Motion : To approve
(Donovan-Wills) 5-0 Passes
Bella Construction Corp.
Motion : To approve
(Donovan-Wills) 5-0 Passes
·
Local Official Bond for Sandra Louise Larosee, Assistant Treasurer
Motion: To sign
(Donovan-McCarter) 5-0 Passes
· One Day Beer and Wine License for Robin Pickette for July 18th at Tweeter
Center (voted last meeting; needs to be signed)
Motion: To sign the license
(Wills-McCue) 3-2 with Donovan and McCarter opposed Passes
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Selectman Donovan stated there should be some rules and regulations
established regarding liability and other matters in connection with these
licenses. He said he is also troubled with an individual taking out a license in her
name for the profit of a corporation. Selectman McCarter stated he believes
licenses such as this are a circumvention of the statute.
The consensus of the Board was to have the Police Chief provide a detail at the
gate to the Tweeter tent at the license holder's expense to be certain that no
patrons purchasing alcohol in the tent area leave that area with it and that no
patron purchasing alcohol under the other license enter the tent area carrying
alcohol purchased outside the tent; to monitor that there is no intermingling of
the alcohol purchased under the various licenses; and to advise the license
holder that the license is subject to proof of proper liability coverage.
Town ManaQer and Staff
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· Letter from Robert B. Button, MEMA Director, regarding loaning of Town
property
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· Letter from Gale Farrugia, COA Director, regarding loaning of Town property
Boards and Committees
· Letter from Nancielee Boyden, President of Mansfield Cable Access Board
regarding picture quality issues. Letter to Frank Foss attached, along with
various other e-maJ1 communications to him regarding other complaints.
Ms. Boyden will be advised that the Board has referred the matter to Frank
Foss.
State and Local Government
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· Letter from Southeastern Regional Services Group (SERSG) asking the
Selectmen to vote to consent to Lorusso assigning its rights, duties, benefits,
obligations, liabilities or responsibility under the contracts indicated on the
enclosed award sheets to Aggregate Industries.
The Town Manager noted this is the result of a buy-out.
Motion: To approve Lorusso assigning its rights, duties, benefits, obligations,
liabilities or responsibility under the contracts indicated to Aggregate
Industries
(Wills-McCue) 5-0 Passes
· Letter from the Town of Wales, MA, thanking the Town of Mansfield and Petco
for the donation of the animal control van
Residents
· Letter from Mary Beth Civetti requesting a barricade at Route 106 and the end
of Clinton Street from 6:00 p.m. to 9:30 p.m. on Friday, July 20th for a
neighborhood cookout. Has been sent to Po/ice and Fire Chiefs for review and
recommendation. Recommendations from Pt/m. Lawson
· Motion: To approve with recommendations
(Donovan-Wills) 5-0 Passes
Other Correspondence
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· Letter from John P. McDonough of Abbott Real Estate Development requesting
fees totaling $11,304.07 paid for Site Plan Review and Special Permit
Application which were withdrawn be applied to their new applications when
submitted. The Planning Director is on vacation and we have not received his
recommendation on this. His policy is generally to recommend in instances such
as this that any portion of the fee that remained unused at the time of
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withdrawal be applied to the new applications. He has not, however, determined
what that amount would be.
Motion: To approve subject to the recommendation of the Town Planner
(Donovan-Wills) 5-0 Passes
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. Applications for Ad Hoc Town Meeting Committee
Jim Donnelly, 14 Freedom Trail
Ralph Penney, 336 Maple Street
Steve MacCaffrie, 236 Mill Street
Selectman Donovan suggested the application of Mr. MacCaffrie be removed
due to the way the application was made out.
Appoint Ralph Penney (Wills-Donovan) 5-0 Passes
Appoint Jim Donnelly (Wills-Donovan) 5-0 Passes
Appoint Dave McCarter (Wills-Donovan) 5-0 Passes
Appoint Bob Saquet (Wills-Donovan) 5-0 Passes
The application of Steve MacCaffrie and the memorandum from the Town Manager
were read into the record.
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Chairman Amoruso said he realizes Mr. MacCaffrie can be abrasive and "flip" but
believes he has the interests of the Town at heart. An application will be sought
from Maureen Doherty who had expressed an interest in the committee. The
applications will be left open and Mr. MacCaffrie will be asked to fill out the
application in an appropriate manner.
Helen Christian will serve as staff.
Chairman Amoruso called for questions and comments from the audience. There
were none forthcoming.
The draft agreement was approved at last week's meeting. It will be put into final
form and signed by the Board.
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Treasurer/Collector Richard Boucher; Light Department Director Jack Beliveau;
and Kimberly Stoyle, Financial Director for the Light Department, were present to
discuss the issue.
Town Manager D'Agostino requested a six-month trial period for the continuation
of bill payment and processing being handled by the Treasurer's office. Following
that period, the process will be converted to a lock box function if it is not working
out satisfactorily. Payment in lieu of taxes was also addressed, with actual costs
being established.
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Mr. Boucher reviewed the history of the process and procedures used, noting that
scan lines were added to the bills and were outsourced. About 60 percent of the
collections of the Treasurer's Office are Light Department bills. His past
experience proved to him that there were many circumstances whereby payments
could not be processed through a lock box system with a bank. He also spoke of
various changes to the procedure which have been instituted during his tenure. He
acknowledged there have been some problems with proper coding. He stated his
belief that the process is more efficient being handled in-house and his realization
that he needs to treat the Light Department as a customer and not a Town
department. Mr. Boucher noted his pledge to the Town Manager to try to provide
what the Light Department is looking for throughout the next six months.
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The budget process also needs to be looked at with regard to the percentage used
in billing. At the current time the Light Department is being billed 50 percent of
the costs of the Treasurer's Office.
Director Beliveau said he gets a bill each June 30th from the Town for services
rendered, which was $133,000., in addition to the PILOT payment. Since it was
costing so much, he began looking at lock box services. He noted the figure keeps
increasing each year and is now close to $500,000. and will be $600,000. next year.
Town Manager D'Agostino stated we need to determine what the actual costs are
and charge those costs appropriately. Of the $883,000. this year, $433,000. were
actual. What the Light Department pays becomes part of the revenue in the Town
budget, so if that is reduced the revenue has to be made up someplace else.
Mr. Beliveau noted the Light Department cannot charge the ratepayer for services
they are not receiving. The PILOT payment will have to be adjusted at the Fall
___ Special Town Meeting. It has been a political decision rather than being based on
actual costs.
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Selectman McCarter asked what impact going to a lock box system would have on
the number of personnel needed in the Treasurer's Office. Mr. Boucher noted
there would still be a percentage of the bills they would need to process. The
Treasurer's Office also performs other functions and, although their workload
would be lightened, it would not be sufficient to reduce the number of personnel.
Mr. Beliveau elaborated on the lock box system and how and when they were
instituted. They were originally established by large department stores, eventually
moving to banks to handle the collection for increased efficiency and to get the
funds into their accounts and earning interest faster. Currently sixty towns in
Massachusetts are working through Century Bank's lock box system. The Light
Department was experiencing problems with reconciliation and a high error rate
through the Treasurer's Office and were experiencing customer service problems.
There was a 1/2000 error rate with the Treasurer's Office and 1/26,000 with
Century Bank. Mr. Boucher stated his belief that the error rate in his office is
1/14,000, but pledged his effort at improving. Mr. Beliveau noted banks process
100 percent of what is received the day it is received. The payment process at the
Treasurer's Office closes at 2:00 p.m., with the window closing at 1:00 p.m. so
everything can be reconciled and taken to the bank.
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Chairman Amoruso noted this does not address the use of credit cards to pay Town
bills. Mr. Boucher said he has contacted the bank and they will be instituting the
use of credit cards. He noted the problem has been the cost associated with using
credit cards and how we will make up that revenue. Chairman Amoruso noted his
concern that the Town expenses charged to the Light Department may also be
happening with the Water Department and others. The PILOT will be increased,
with the bill for expenses being decreased. The $146,000 bill from the Town
cannot be paid as such, but can be approved as a PILOT if voted by the Light
Commissioners.
Motion: To give them until January 15th to straighten out the payment processing
procedures and evaluate the situation then.
(Donovan-Wills) 5-0 Passes
Motion: To approve as Light Commissioners an additional $164,377.30 PILOT
payment from the Light Department for the Town's FY '02 budget to $464,377.30
this year
(McCue-Wills) 5-0 Passes
The Town Manager asked Mr. Boucher for a report on the implementation of the
.'-- use of credit cards. Mr. Boucher said he will provide that and hopes to have the
program going within thirty days.
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Police Chief Arthur M. O'Neill reported there have been three incidents to date of
concerts going beyond the 11:00 p.m. curfew imposed by the license agreement.
The incidents occurred as follows:
Tuesday, June 26th, Aerosmith went 2 minutes over
Thursday, June 28th Aerosmith went 11 minutes over
Sunday, July 8th Tom Petty went 1 minute over
The Chief noted that Aerosmith's lead singer, Steve Tyler, announced very
vociferously their intent to go over the 11:00 p.m. curfew.
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Tweeter Center General Manager Bruce Montgomery noted they take the matter
very seriously; however, last night's violation of one minute was a matter of seconds
displayed on different watches. The eleven minute overtime he believes was a
betrayal of trust on the part of the performer. He noted the cooperative efforts
between the Police Chief and himself on other occasions to get the concert
completed by 11:00 p.m.
Motion: To have Tweeter Center pay the fines as spelled out in the license
agreement for each of the three violations - $.05 per patron.
(Wills-Donovan) 3-2 with McCarter and McCue opposed Passes
The Town Manager noted certified attendance numbers are necessary from the
Tweeter Center. Selectmen McCarter and Clerk McCue indicated they would have
preferred to vote on each violation individually. Clerk McCue stated he was in favor
of the two Aerosmith fines, but not the fine for the one minute overtime
performance of the Tom Petty Band.
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DPW Director Lee Azinheira reviewed the policy dated June 13th, as well as the
interim policy that was instituted when the complaint was initially made. One
change made was to no longer allow employees to use the Town garage to work on
their personal vehicles. The policy contained an introduction and sections
pertaining to the lending/borrowing of Town property by Town employees, the
general public, and contractors. The Sign-Out Policy was also detailed and items
that will no longer be available for loan were spelled out.
Selectman Donovan asked if we charge the Light Department when they borrow our
equipment, noting his concern that they charge us but we don't charge them. Mr.
,-- Azinheira said he will be tracking it this year, as well as the work done and
equipment used for the Water Department as both the Light and Water
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Department has only charged us when we use a backhoe with an operator for snow
removal. For proper budgeting and accounting, all work done for and with
departments funded through an enterprise fund will be tracked from the start of
the fiscal year to meet statutory requirements. We are charged the same rate as
any customer for work performed for us by the Light Department involving parts.
Selectman McCarter noted his statements regarding the loaning/borrowing of Town
equipment were directed to the borrowing of equipment and tools by employees and
the public. It was never his intention for it to affect MEMA or the Council on
Aging. He does, however, disagree vehemently with Town employees taking home
equipment despite the good intentions.
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Clerk McCue noted his concern regarding the memo from the Council on Aging being
in conflict with the "general public" portion of the DPW policy. Chairman Amoruso
noted the benefit of reciprocal sharing with contractors under the control and
direction of department heads. He did not agree with loaning small tools to either
employees or the public except in appropriate emergency situations. He suggested
the policy be re-written to allow reciprocal borrowing with contractors but not the
loaning of equipment and tools to employees or the public. Selectman McCarter
noted the difference between tools and equipment being used on a public project
and the lending of equipment for personal use by either employees or the public.
Motion: To adopt the policy of June 13,2001
(Donovan - no second)
Consensus: To continue working on the policy and that non-registered small
equipment and tools may not be loaned to employees or the general public for
private purposes except in the case of emergency situations, public or neighborhood
projects and then at the discretion of the department head.
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The Town Manager reported the following:
. Advised the Board of the receipt of the application from Maureen Doherty for
the Town Meeting Review Committee and the fact that the application deadline
was July 13th.
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. The Town completed a site visit with Joel Lerner seeking a grant for the
purchase of the Essex Street land for passive recreation. The grant decisions
are due in October and will be competitive, requiring us to provide supplemental
information. We have 5.2 acres in the rear of the parcel which we may use for
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additional water supply and will be looking for a crossing over the Essex Street
land for access to it. An easement will be submitted to the Fall Town Meeting
and is necessary prior to the grant application.
· We have a management letter from our auditors, the Brown Company, and would
like to schedule them with the Board on July 18th if they are available. He
suggested Brown Company could be scheduled at 7:45 p.m. and the Train Station
Update moved to 8:30 p.m.
· We are preparing another 418 Certification form because the one we prepared,
given to us by the State, was the wrong form. It will provide the Town extra
points on our application for purchasing the Essex Street property. We will be
going forward with the housing application and will be hiring a consultant to
assist us. If we are awarded the grant, we will be eligible for $3,500
reimbursement for the grant application preparation.
· We are exploring a new product to combat graffiti throughout town. There is a
product that will allow us to apply a primer coat and an additional coat and then
remove the graffiti with a soap and water method. The back of the garage at
the COA will be used to test the product.
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· Plans to take his vacation from July 2pt through August 4th and will be
appointing an acting Town Manager during his absence.
Clerk McCue asked when the Town Meeting survey will be going out with the
electric bills and about putting in a link on the website to download and print the
survey.
Vice Chairman Wills asked for the number of employees (198 full-time; 28 part-
time employees); a breakdown of all attorney fees; how long it takes to sweep the
town; when crosswalk painting will be completed (we ran out of funds and had to
stop until the new budget and expect to have them done sometime in July); asked
about weed-killers on sidewalks (We have been told by the State that we cannot
use them on public sidewalks and must do it manually or with weed wackers.) If
that is a priority of the Board, the Town Manager will have it done. He also
questioned the work that needs to be done around town and the weekly reports
presented which he does not believe cover the work he sees that needs to be done.
-- He noted potholes and weeds as a concern.
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.r' Selectman McCarter asked for an update on the bikepath. We will schedule the
Planning Director in August. Noted receiving an e-mail from a resident regarding
the purchase of the radar trailer that was not approved at Town Meeting. The
Town Accountant will not approve the voucher if the expense is inappropriate.
Asked the status of the church banner issue. The Town Manager noted we allow
them to use our common areas and are not denying them their freedom of speech.
Motion: To adjourn at 10:58 p.m.
(Donovan-Wills) 5-0 Passes
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v Signature of Clerk
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