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HomeMy WebLinkAboutmin brd of selectmen 01/31/01 . Present: RECEIVED TOWN CL FRKS OFFICE Board of Selectmen Minutes of 0 I FEB - 8 AM 9:" 0 January 31, 2001 MAHSFIELO Chairman David W. McCarter; Bradford E. wint~~~~?~~I~~lJe~ Louis P. Amoruso, Amos M. Robinson, and Daniel Donovan. John O. D'Agostino, Town Manager r 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 to reconvene in Open Session at the conclusion of the discussion. The meeting reconvened in Open Session at 8:09 p.m., followed by the Pledge of Allegiance to the Flag. · Minutes of January 24, 2001 Motion : To approve (Amoruso-Wills) 5-0 Passes r' · Executive Session Minutes of January 24, 2001 Motion : To approve but not release (Amoruso-Wills) 5-0 Passes · Warrant No. 32 in the amount of $2,701,238.10 Motion : To approve (Amoruso-Robinson) 4-0 with Chairman McCarter abstaining from Municipal Building Committee payroll and Selectman Robinson abstaining from School Department payroll and Selectman Donovan not present Passes · Motion: To close the Annual Town Meeting Warrant on February 1,2001 at 4:00 p.m. (Amoruso-Wills) 5-0 Passes Common Victualler License · Lori's Sunnyside Café, 265 Fruit Street r Motion: To approve and sign (Wills-Amoruso) 5-0 Passes Board of Selectmen Minutes of January 31, 2001 1 t , r Town Manager and Staff · Policy Regarding Hearings on the Suspension or Revocation of Alcoholic Beverage Licenses - Approved previously; needs to be signed Motion: To sign (Amoruso-Wills) 5-0 · Memorandum from Mark Cook, Highway Operations Manager, inviting Selectmen, Finance Committee and Capital Improvements Committee to tour the Highway Division to better assess the division's capital requests - Saturday, February 10th r · Memorandum from Helen Christian, Town Clerk, requesting Selectmen announce the closing of the Annual Town Meeting Warrant on February 1, 2001 at 4:00 p.m. and to so vote - Discussion on the procedure and advisabJ'lity of placing the Community Preservation Act on the warrant and ballot were discussed It could be put on the warrant up to 4 o'clock tomorrow as a citizen's petition with ten signatures. It could not be voted on untJ'l next year's May election. If an initiative petition was circulated and signed, it could be put on the warrant. Motion To close the Annual Town Meeting Warrant at 4:00 p.m. on February 1st (Wills-Amoruso) 5-0 Passes · Information on Community Preservation Act to be considered later in the meeting · Memorandum from John D. Sullivan, Jr., Town Engineer, reporting that the Route 106 Canoe River Sewer Project is now operational Chairman McCarter called for questions and comments from the audience. There were none forthcoming. Motion: To open the hearing at 8:25 p.m. r (Robinson-Amoruso) 5-0 Passes Board of Selectmen Minutes of January 31, 2001 2 <. r Motion: To continue the hearing until February 28, 2001 at 8:00 p.m. (Robinson-Amoruso) 5-0 Passes Michael George of 84 Williams Street was interviewed regarding his application for appointment as constable. He moved to Mansfield in 1997 from Brockton and works for Liberty Mutual Insurance as a workman's compensation case examiner. He has been an assistant to George Mather for ten years. He would now like to become a constable himself. Selectman Amoruso noted we have a number of constables in town and asked how he expected to operate. Mr. George said he works 7:15 to 3:30 now, so has time in the afternoon. Motion: To appoint Michael George as constable for a term ending 2003 (Donovan-Amoruso) 5-0 Passes There are three vacant terms on the World War II Scholarship Fund Committee: r two terms ending 2006 and one unexpired term ending 2003. Applications were received from: Michelle Wentzell, 187 Central Street Corinne O'Neill, 41 Donegal Way Phyllis Donovan, 97 Court Street Motion: To appoint Phyllis Donovan to the term ending 2003 (Wills-Amoruso) 4-0-1 with Selectman Donovan abstaining Motion: To appoint Corinne 'Neill and Michelle Wentzell for the terms ending 2006 (Wills-Robinson) 4-0-1 with Selectman Donovan abstaining The Community Preservation Act was discussed, along with the mechanics of moving forward with it. Leonard Flynn of the Natural Resources Trust (NRT) explained the law requires a minimum of 35 days between a Town Meeting Vote and a referendum question. Our charter is not set up in such a way to make that possible. A committee can be established to move forward with an initiative petition and the Natural Resources Trust intends to move forward in support of the Community Preservation Act. Page 5 of the blue book provides a sample ballot question. r Board of Selectmen Minutes of January 31, 2001 3 , .~ r Selectmen Amoruso suggested setting up a committee, then bringing forth an initiative petition. Clerk Wills noted he cannot support this act, stating it's another tax. He pointed out the Town can purchase land for open space if the townspeople choose to do so. Mr. Flynn and Lou Andrews noted forming a committee does not cost anything. Mr. Flynn also noted that every house built in Mansfield exceeds in costs the revenue produced by it. He argued that most of the money raised by the surcharge could be put into acquisition of land for recreation and conservation and the maintenance of existing affordable housing. The matching funds will come from fees paid at the Registry of Deeds. The merits and mechanics of the proposal were debated and discussed. The tax on a $250,000 home in Mansfield at a 3'0 surtax would increase by $85 a year. Selectmen Donovan and Robinson and Clerk Wills argued against the proposal. Selectman Amoruso noted that whether the Selectmen agree with it or not, a decision must be made on giving the public the opportunity to vote on it. He pointed out the Town previously voted to approve the transfer tax and did not support the surcharge. He argued that the voters should be given the opportunity to vote on it and to let them decide. Chairman McCarter asked if there is consensus to have the committee provision put on the Town Meeting Warrant. Town Manager D'Agostino said that appointing the committee is only part of the process. Selectman Robinson summarized the discussion, noting it is being considered as a two-prong approach, bringing it to the ballot box in May of r this year on an initiative petition. Then if it fails, bringing it back again on the ballot in May of 2002 based on the passage of a warrant article at this year's Annual Town Meeting. Chairman McCarter said he would like to see all three exclusions-seniors, low income and commercial/industrial. Selectman Amoruso noted the Governor did us a disservice by not allowing the return of the transfer tax to the community without the imposition of the surcharge on taxes; however, the taxpayers should be given the opportunity to vote on it. Motion: To sponsor an article on the Town Meeting Warrant for a Community Preservation Act Committee of nine members as described in the Community Preservation Act. (Amoruso-no second) Representatives of the NRT will obtain the requisite signatures for filing a petition with the Town Clerk prior to the close of the Town Meeting Warrant at 4:00 p.m. tomorrow, February 1st. If passed, it will then go on the ballot in the May 2002 election. The Town Manager reported on the following: r Board of Selectmen Minutes of January 31, 2001 4 r . Has been asked by the Chief to announce a change in the last date to file for the police officer exam. All applications must now be received at the Human Resource Division by February 14th. It was previously January 26th. · DPW will conduct a tour on Saturday for the DPW component of the Finance Committee regarding their capital requests. He further reviewed cost savings of $21,000 accomplished by the DPW in doing work on the gas cutoff wall at the landfill themselves instead of contracting it out. The savings realized will allow us to monitor without additional funds. . Toured the Wastewater Plant with Norton officials to show them we could not possibly have used 60 million gallons of water in a 192 day period. We know from Boston that during that same period of time, Norton reduced their withdrawal due to a water ban. It has been agreed to do a water audit at a cost of $5,000 to be paid by Mansfield and to have the meter mechanically dismantled to determine if there was a failure in the meter. We're confident of reaching a logical resolution. We need to determine if Norton produced 60 million gallons and if Mansfield used it. Discussion followed regarding the tour and process of pumping and using water at the facility. r . Met with Attorney Mark Roberts and Ralph Penney regarding the Hercules landfill issue. Hercules sent us a draft proposal of a participatory agreement on the cleanup of the site. There were issues in the agreement not in our favor, so counsel will assist us in drafting a more favorable agreement for the Town. Our position has been that we will not participate in the physical cleanup and capping of that site. Hercules is a $3.2 billion company and they created the situation. We need legal counsel and a licensed site professional to protect the Town's interest and to develop an immediate response action (IRA) plan. We will need to appropriate approximately $50,000 to do the IRA plan and we would hope that Hercules will assume responsibility for the cleanup. We need to meet with Attorney Roberts in the next two to three weeks to consummate an agreement on a participatory action plan. Selectman Donovan noted the excellent job done by Ralph Penney in documenting all the data. . Selectmen Donovan asked when the update on the Jordan Jackson roof would be-(February 14'"h) and if the blind driveway signs have been put up by the airport. They wi'll be done when the weather improves. r Board of Selectmen Minutes of January 31,2001 5 r · Selectman Amoruso presented a draft letter to Frank Foss of AT&T Broadband regarding license violations. Clerk Wills suggested adding the matter of the return of the channel requested. He asked for the Board's review of the letter and suggested it be sent to Mr. Foss to be addressed when he is present at next week's meeting. · Chairman McCarter asked if there will be a warrant article for the purchase of the property on Essex Street. There are five buildable lots being offered at $125,000 each. We will put an article on. He also asked that Selectmen turn in their Town Manager evaluation forms. Chairman McCarter asked about having the comments compiled and presented as one form. There were no objections. · Clerk Wills asked the Board to consider a special tax for the downtown businesses, reducing their rate to a special business rate. He asked that the Town Manager see if and how this could be done. He also suggested a subcommittee be formed to review legal rates to determine if we're doing the best we can for our money. Town Manager briefly reviewed the various types of r lawyers needed. Selectman Amoruso suggested the Town Manager could provide the information without the formation of a subcommittee. Selectman Donovan inquired about finding one firm that provides all the specialties we need at a good rate. Selectman Amoruso stated it's worth looking at and evaluating, but we should keep our options open. Clerk Wills noted internet sites where legal opinions can be obtained without charge. Selectman Robinson suggested talking the Finance Committee, noting they studied the issue awhile back. The Town Manager will provide additional information. · Selectman Amoruso noted the parking lot in Norton has opened and suggested we congratulate them by letter on the success of their efforts. · Selectman Robinson asked if we've heard anything from the Police Chief regarding the crossing guard incident he brought up last week. He also questioned the reported time of the return of power after the outage on Sunday night, noting it didn't come back on until 9 o'clock. · Selectman Robinson read a statement announcing he would not be seeking re- election to the Board of Selectmen after eleven years. He thanked his family and for their support and noted he would continue to work with the senior r citizens. Board of Selectmen Minutes of January 31, 2001 6 r · Clerk Wills asked about when the next quarterly meeting will be held with the Norton Selectmen. The Town Manager will contact Norton's Town Manager. Motion: To adjourn at 10:35 p.m. (Wills-Amoruso) 5-0 Passes r)\~ d q¡ Date 0 Approval r r Board of Selectmen Minutes of January 31, 2001 7