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HomeMy WebLinkAboutmin brd of selectmen 06/27/01 · - , '. (' Board of Selectmen Minutes of June 27, 2001 RECEIVED TOWN rLfRKS OFFICE o I JUL - 0 AM 9: 29 Present: 11ANSFIELD Chairman Louis P. Amoruso, Chairman; Vice CtMjt;itAe~rrctf. Wills; and Selectmen David W. McCarter and Daniel Donovan. Town Manager John D'Agostino David McCarter served as Acting Clerk for the evening in the absence of Clerk Michael W. McCue who was representing the Board of Selectmen at the SPREDD meeting and arrived following that meeting. The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. r · Warrant No. 53 in the amount of $2,226,630.18 Motion: To approve and sign (Donovan-Wills) 4-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Warrant No. 01 in the amount of $344,288.03 Motion: To approve and sign (Wills-Donovan) 4-0 Passes · Minutes of June 20, 2001 Motion: To approve (Wills-Donovan) 4-0 Passes · Executive Session Minutes of June 20, 2001 Motion : To approve but not release (Wills-Donovan) 4-0 Passes ,,-- · Request for transfer of $10,000. from Reserve Fund to Highway Division- Motor Fuel for unanticipated increases in the cost of motor fuel Motion: To recommend approval (Donovan-Wills) 4-0 Passes Board of Selectmen Minutes of June 27, 2001 1 · , r · Request for transfer of $32,000. from Reserve Fund to Wastewater Electric, Heat, and Motor Fuel Accounts due to unanticipated increases in the cost of each Motion: To recommend approval (Wills-Donovan) 4-0 Passes · Request for transfer of $11,697.41 from Reserve Fund to Selectmen Legal due to unanticipated legal expenses Motion : To recommend approval (Wills-McCarter) 4-0 Passes · Request for transfer of $10,461.29 from Reserve Fund to Town Manager Legal due to unanticipated legal expenses Motion : To recommend approval (Wills-Donovan) 4-0 Passes r · Request for transfer of $24,977.00 from Reserve Fund to Charter School Assessment due to an assessment higher than anticipated Questions were raised as to why there is an additional assessment and what it is for. Motion: To recommend approval but hold payment until we get an explanation for the additional assessment (Wills-Donovan) 4-0 Passes Town Manager and Staff Correspondence · Letter from Robert S. Mangiaratti re: Mansfield v. Foxborough, Skanco et al with release prepared by Foxborough Town Counsel to be signed Motion: To sign the release (Wills-McCarter) 4-0 Passes · Letter from Robert S. Mangiaratti re: One-Day Alcoholic Beverage license r · Letter from Sue Call requesting that Bella Vista Avenue be closed off on Saturday, September 8th (rain date Sunday, September 9th) from 1:00 p.m. to 8:00 p.m. for a block party. Approved by Police and Fire Chiefs with emergency access and proper signage provided Motion: To approve (Wills-Donovan) 4-0 Passes Board of Selectmen Minutes of June 27, 2001 2 , , r Other Correspondence · Letter from Mansfield Police Association re: letter to editor about Train Station detail Chairman Amoruso presented certificates of achievement to the girls of the under 12B soccer team who recently won the President's Cup competition at the Boston Area Youth Soccer competition on June 16th. The girls are: Kelsey Anderson, Jane Bittner, Shannon Bruno, Adrienne Clark, Deanna Flynn, Alison Goffredo, Leah Gordon, Michelle Hernon, Kerry Kiley, Elizabeth Moore, Mikaela Morancy, Jullian Tedeschi, Britni Testa, Julieanna Verbic, Jennifer Weber, and Kathryn Zonghetti. Mikaela spoke on behalf of the team, thanking their coaches and parents. r Steve MacCaffrie, 236 Mill Street -spoke about the Town's inability to do anything about the problems with AT&T Broadband. He noted several towns are having the same problems and he believes the towns should get together and file a class action suit. He questioned why they can change the composition of packages and charge more for them without any input. Chairman Amoruso advised him the FCC and State regulatory agencies do not allow us to choose the package content. r Richard Devine, 6 Morgan Road - spoke of his frustration at last night's presentation of the proposed municipal complex. He expressed his concern about the costs involved and the resulting increasing in taxes and asked if any of the Selectmen have comments or opinions regarding it. Selectman Wills said he believes we need to start saving some money for it and he cannot support doing it at this point. Selectman McCarter noted the Board supported the study, but has not taken a position on it at this time. Selectman Donovan stated the departments should be handled by their needs. Mr. D'Agostino said the project is not proposed to go before Town Meeting in the Fall for funding. He noted he's as concerned as everyone else about the tax rate: however, the Town has undergone tremendous growth, and funds have been going to the School Department for several years at the expense of the needs of the Town. Chairman Amoruso noted the deplorable conditions at the Highway Garage and Selectman Donovan pointed out the fact that Board of Selectmen Minutes of June 27, 2001 3 · , r often things have to be done by subcontractors at additional expense because of the lack of equipment and facilities. Town Moderator Robert Saquet was present to discuss the Board's concern about the misunderstanding regarding the rules and regulations relative to the conduct of Town Meeting. State Laws, Town By-Laws and custom are what Mr. Saquet said he uses to conduct Town Meeting. He reviews the general process at the beginning of each meeting. He spoke of the procedure used to end debate when a question is moved, noting there have been times in the past when there was abuse of the procedure. Roberts Rules of Order, he noted, is a published format for conducting meetings in general. Mansfield does not follow Roberts Rules of Order for Town Meeting, as they are in conflict with our Town By-Law. There are many things, however, which are in concert with Roberts Rules of Order. Town Manager D'Agostino introduced a "Citizens Guide to Town Meetings" provided r by the Secretary of State. Mr. Saquet discussed the terminology used, such as "moving the question", "moving to table", "point of order", "point of information", etc. Selectman Wills asked how he determines the length of time a person talks, noting some people go on for what people think is an excessive length of time. Mr. Saquet said he allows them to continue for as long as they're contributing something new, but they rarely go on for more than two minutes. He believes if it's information needed for people to make intelligent decisions, it should be allowed. Selectman Donovan asked Mr. Saquet's opinion of Saturday Town Meetings. Mr. Saquet noted it worked back in the 18th and 19th centuries, but today there are many other activities on Saturdays in the fall that would compete. If Saturday Town Meetings are a tradition, it works; otherwise, it does not. Representative Town Meeting was discussed, with the conclusion that the Charter would have to be amended to allow for this. Mr. Saquet noted there is a hard-core group of people who attend Town Meeting whenever it is held. There are also special interest groups that come out when there is an article affecting them. r Steve MacCaffrie read from the Town Charter Section 2.5 Procedures outlining the procedures to be used, and Chapter 1, paragraph 1.1 and 1.2 of the By-Laws were also cited, which he said speaks to the conduct of the Town Meeting. Mr. MacCaffrie spoke of his call for a quorum count at the Special Town Meeting. He also noted that section 2 requires the "approval" of Town Meeting prior to anything Board of Selectmen Minutes of June 27, 2001 4 · , ' r being done differently. He went on to cite sections 3 and 4, and spoke of the provisions for a secret vote and a checklist with a 25 percent vote of those present on any article of $10,000 or more. Two-thirds vote also allows for the change of order of the warrant articles. He questioned the Moderator's ability to allow debate to continue after the question has been moved and the suggestion from the Moderator when a motion has been made to adjourn to instead "keep going for awhile longer because we only have a few more articles to go." Clerk McCue arrived at 8:50 p.m. after attending the SRPEDD meeting as the Board's representative. Mr. Saquet explained the process of the quorum call and count at the last Annual/Special Town Meeting. He noted moderators are given a great deal of latitude because it is his responsibility to make the meeting work. He stated his effort in always giving the voters a choice on what they wish to do and how much they wish to hear regarding an article. Chairman Amoruso explained the Board's decision to establish an ad-hoc committee to study how Town Meeting is run and provide a mechanism to make it run more smoothly. Mr. Saquet suggested printing the two pages of the By-Law relative to r Town Meeting and handing them out, together with a glossary of what the various terms mean. He also spoke of grouping articles of similar interest, establishing a reasonable curfew, and the elimination of allowing a vote for reconsideration immediately after the vote is taken. This, he said, results in people leaving the meeting at that time because they know the vote on the article in which they were interested cannot be overturned. Motion: To appoint an ad-hoc committee of five to seven people to discuss the by- laws and procedures and to present a recommendation to the Selectmen, with staff serving as a resource for the committee. (Wills-McCue) 4-0 with Selectman Donovan opposed Passes It was suggested Town Clerk Helen Christian work with the ad-hoc committee. Jay Barrows, President, and Tricia Bolea, Treasurer-Secretary, of the Downtown Business Association were present to discuss plans for their July 11th s Association Sidewalk Sale. r They anticipate 5,000 to 6,000 people will attend the event and noted the cooperation they've had in the past with having the street closed. Ms. Bolea noted Board of Selectmen Minutes of June 27, 2001 5 r in the past they posted signs noting the road will be closed and it has worked well. Mr. Barrows suggested it would be nice for Town Hall to participate with a booth with information and services. He also suggested it would be a good opportunity to conduct sign-ups for various activities, as well as a showcase for the downtown businesses. Many of the businesses will be sponsoring entertainment and activities throughout the downtown. Mr. Barrows noted Betty and Bill's Toy Store has been closed for the last several weeks due to Betty Leavitt's health problem. He asked for the prayers of the community on her behalf. Ms. Bolea asked about the ability of the holders of current alcohol licenses to conduct sales on the sidewalk outside their places of business. The requirements to allow them to do so were outlined. Mr. Barrows made known the need for funds for the Annual Christmas Parade and noted that funds raised at the Sidewalk Sale are used for that purpose. r The Town Manager reported the following: · On July 6th at noon staff will be walking the Essex Street parcel with Joel Lerner of Self Help, meeting at Norton Town Hall and proceeding to Essex Street. Selections for the grant are due to be awarded in late October and Selectmen are encouraged to participate in the walk. Selectmen asked if a grant would place any further restrictions on the use of the land. · Distributed a draft agreement relative to sewer flow for the Foxboro branch of the Hockomock YMCA. It was prepared by DPW Director Lee Azinheira and reviewed by Town Counsel and was presented for their consideration. Chairman Amoruso suggested modifications to the agreement such as "we've determined there is sufficient capacityN as opposed to stating ~. the Foxboro Company is currently only using approximately half of its sewer capacity... N Motion: To approve the draft agreement (McCarter-McCue) 3-2 Amoruso and Wills opposed Passes · Has amended the travel policy to read that all out-of state travel must be approved by the Town Manager prior to commitment and prior approval if must be obtained if staying at a hotel other than the one at a discount rate. He will give them a copy of the policy for their review and approval. He also reported that the $46 per diem is the maximum allowed. r · Reported briefly on the SMI mediation which took place on Tuesday in Boston Board of Selectmen Minutes of June 27, 2001 6 · , r One Day Wine and Malt Licenses Chairman Amoruso noted Attorney Mangiaratti spoke with the Chief Investigator at the ABCC and reviewed the conditions under which a one-day license may be. issued. Therefore, a one-day wine and malt license could be issued to Robin Pickette, Manager of New England Sportservice who is the license holder at Tweeter Center. Discussion ensued regarding the advisability of issuing the license. It was noted at this point we do not have an application from a separate entity, but rather an application signed by the manager of the entity holding the current license. Selectman Wills suggested the applicant also pay for the legal opinion which we found necessary to obtain. Motion: To approve the request contingent upon the change of address of the applicant and the proof of successfully obtaining of a permit for the erection of the tent, and the area be defined and separate from the premises as defined on the license the current holder. (McCue-Wills) 3-2 with McCarter and Donovan opposed Passes Clerk McCue reported on attending the SRPEDD meeting and his election to the r-- Southeastern Massachusetts Metropolitan Planning Organization. , Selectman McCarter noted his intent on the loaning policy is focused on Town employees taking home equipment for personal use and it is not his intent to prevent the Council on Aging from loaning medical equipment donated for the use of the senior population. Mr. D'Agostino suggested tabling the matter until the next meeting when the DPW Director will be present to more adequately provide information to assist in the development of the policy. Selectman Wills asked if there was a curfew violation at Tweeter Center last night. He asked about getting a report after each concert and putting them in a separate binder. .r' Chairman Amoruso reported speaking with Phil Hendersen of the Foxboro Water Commissioners and their request to meet with them either July 2nd or July 30th. The suggestion was made to meet without consultants present. Selectman Wills suggested Foxboro invite their Selectmen to the meeting. Following discussion it was decided to meet with them July 30th, with Clerk McCue and Selectman McCarter attending, along with Lee Azinheira and/or Kurt Gaffney. Board of Selectmen Minutes of June 27, 2001 7 r r r . . The Town Manager advised the Board we have submitted a grant application, prepared by the Town Planner, for housing for seniors. Motion: To adjourn at 10:25 p.m. (Donovan- Wills) 5-0 Passes ~/ÆL J Signature of Clerk 7 --1ú¿ y ;20ð( Date of Approval Board of Selectmen Minutes of June 27, 2001 8