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HomeMy WebLinkAboutmin brd of selectmen 12/18/02 ,~ Board of Selectmen Minutes of December 18, 2002 ! ,~. ~ i . (i J . q n: 1: 7 ..i , L, ,. ',~~ .~ , I t.J TTC' ._ I ;) Present: Chairman Daniel Donovan; Vice Chairman Michael W. McCue; Clerk Steven W. MacCaffrie; and Selectmen David W. McCarter and Louis P. Amoruso 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 on-going litigation with Town Counsel and to return to Open Session at the conclusion of the discussion. (MacCaffrie-McCue) Roll Call Vote: McCarter, aye; Amoruso, aye; MacCaffrie, ; McCue, aye; Donovan, aye. 5-0 Passes ~ The meeting reconvened in Open Session at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 25 in the amount of $3,279,891.89 Motion: To approve and sign (MacCaffrie-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of December 11, 2002 Motion : To approve as amended (MacCaffrie-McCue) 5-0 Passes · Executive Session Minutes of December 11, 2002 Motion: To approve but not release (McCarter-MacCaffrie) 5-0 Passes ~ Board of Selectmen Minutes of December 18, 2002 1 ~ · Drainlayer's License of P. Beatty Excavation, Inc. 50 Potash Road (recommended for approval by Town Engineer John Sullivan) Motion: To approve (MacCaffrie-McCue) 5-0 Passes · Annual License Transmittal Cover Sheet for Alcoholic Beverages Control Commission to be signed Motion: To sign (MacCaffrie-McCue) 5-0 Passes · License Renewals - all have been reviewed and approved by the appropriate department heads Common Victualler M.G. DiMas Corp. dba Devon's Place, 350 North Main Street Motion : To approve (MacCaffrie-McCarter) 5-0 Passes New England Sportservice, Inc., Tweeter Center, 885 South Main Street ,~ Motion: To approve (McCarter-Amoruso) 5-0 Passes Letter from Town Counsel Robert Mangiaratti with legal opinion that a person must be a Mansfield resident and registered voter to be appointed to a Town board, committee or commission Selectmen asked that a letter be sent to the Foxboro applicant thanking him for his continued service at the Mansfield Animal Shelter. E-mail reminder from the Police Chief was read regarding 2003 resident stickers that are available now at the Town Clerk's Office that are necessary for resident parking at the Train Station and at Mansfield Green as of January 1st. Letter from Richard J. Feeley, Municipal Building Committee Chairman, recommending the reappointment of David Young ~ Board of Selectmen Minutes of December 18, 2002 2 ~ William and Billy Sarro of The Fresh Catch Café and Antwan Harris of the New England Patriots were present to report on the charity benefit conducted on behalf of the Mansfield New Ambulance fund. Checks were presented in the amount of $71,491.63 raised last week, along with a second check bringing the total to $73,191.63 from the charity dinner and auction evening. They also expect two additional $10,000 donations to be received from that night. Trevor Hagen donated $10,000 and has challenged anyone else in the Industrial Park to match Rolf Hagen Corporation's donation. The donation was motivated by an industrial accident that occurred last year in which a young man lost his foot. The man is doing well, but they've been looking for a way to repay the town for the wonderful job done by the paramedics at that time. Mr. Sarro reported the bank account is now up to $85,000. He gave special thanks to Antwan Harris for the part he's played in the effort and acknowledged the participation of the New England Patriots team. Mr. Sarro encouraged others in the community to send in donations to the fund. Selectman MacCaffrie personally thanked Antwan Harris, noting he made the evening delightful for everyone who participated. Town Manager D'Agostino said we ,~ needed someone like this group to help us and would not have been able to do what's being done without their help. He acknowledged the Town's great debt of gratitude to the New England Patriots for their efforts on the Town's behalf. Billy Sarro was also credited with the amount of work he put into the effort. Mr. Sarro said his goal is to get this complete by the end of the year or the middle of January and asked if the Selectmen would approve a telethon if it becomes necessary to reach their goal. Selectmen agreed to it. Selectman McCue thanked the group for the wonderful job they did and noted his appreciation for their efforts. Bill Gerber next presented a check from the residents of the Village at Willow Crossings and also acknowledged Dubs' and Fresh Catch for their $500 contribution to the Animal Shelter. He also showed a picture of Santa and Mrs. Clause that helped raise $616. for the Ambulance Fund and read the list of those who contributed. r- Board of Selectmen Minutes of December 18, 2002 3 ~ Andrew Hoy reported he finished the project and it looks great. He then turned the project, which took seven months to complete, over to the Town. He also presented pictures of the completed sign to the Selectmen, Town Manager, and Highway Department - each picture displaying his "thank you" on the message sign. He thanked Mr. Hawes and Mr. Oldmixon, his scout leaders, and Roy Bain who used his vacation time to help him with the brick columns. He also thanked the Selectmen; Mr. D'Agostino for his support and for giving him the idea for the sign; he Highway Department for their help with the design, digging and construction; and Engineering for their help with the blue prints and design. Andrew announced that the Eagle Scout Court of Honor would be held February 7th at 6:00 p.m. at the Rose Garden and he invited the Selectmen to attend. Finance Committee (two three-year terms) In addition to the two applicants who were interviewed the prior week, there was a third applicant who was not able to be present for an interview at that time. The .--. appointments were therefore postponed one week and to allow Jack B. Goldberg of 12 Angelina Lane to be considered for appointment to the Finance Committee Mr. Goldberg thanked the Board for accommodating his schedule. He noted he and his wife moved to Mansfield in 1995, enjoy the town, and are raising their family here. He decided it was time to begin to participate in the Town's workings. He has been a self-employed CPA since 1977 and said he believes he can contribute to the finance Committee. Selectman MacCaffrie asked how he feels about using the Stabilization Fund and how it would be paid back Mr. Goldberg noted his understanding of the timing of the revenue stream making it necessary occasionally. He said he is fiscally conservative and does not like to spend money he doesn't have. He would make decisions in that context. He offered his analytical skills and noted his service on professional committees during his career. Selectman McCue asked him to speak about his view on Enterprise Accounts. Mr. Goldberg noted enterprise accounting is something he is closely familiar with because it parallels private accounting practices where costs are established with the expectation that they will be sufficient to cover the expenses. They can be .--. used for control and as a way to analyze performance. Selectman McCue also asked if given the fiscal outlook he believes he could make a recommendation for a Board of Selectmen Minutes of December 18, 2002 4 r reduction in force. Mr. Goldberg noted he's been on both sides of the desk when those decisions have been made, noting it's not comfortable to be let go because it changes people's lives; however, sometimes it's necessary and he suggested it has to be done in a sensitive manner. Selectman McCarter asked how would you prioritize services. Mr. Goldberg replied that he would look at current needs and demands, challenge their facts and intentions, and determine the need. Selectman Amoruso asked what would be most important to him in the Finance Committee job. Mr. Goldberg said he views it as a fiduciary responsibility for the handling of public resources. Then there's the discipline needed to have control in budgeting, noting it is a challenge he would look forward to. He knows there also needs to be constant monitoring to be alert to fluctuations and variances to provide the necessary advise and correction. He also noted the need to have a long-range budget, which he would expect to be a rolling budget used to determine capital needs. Selectman MacCaffrie stated that he noticed Mr. Goldberg has not attended Town Meetings. Mr. Goldberg referred to his earlier remark about having two small ~ children and noted he now has time. Selectman Amoruso asked about an override. Mr. Goldberg acknowledged that nobody enjoys having taxes raised, but people also understand you get what you pay for. He also pointed out that people want good value for their expenditure and said his personal bias is to be conservative. Nominations for two three-year aDDointments to the Finance Committee Charlene Lavin was nominated by Selectman Amoruso Vote: 5-0 Jack Goldberg was nominated by Selectman MacCaffrie Vote: 5-0 Charlene Lavin and Jack Goldberg were appointed to the Finance Committee for three-year terms ending January 1, 2006. Municipal Building Committee (one five-year term) An application for reappointment to the Municipal Building Committee was received ;- from David Young of 18 Westview Drive. Board of Selectmen Minutes of December 18, 2002 5 ,'- Mr. Young said this would be his third term serving on the Municipal Building Committee and he enjoys it. He enjoys being able to see things get done and stretching the dollar to get our money's worth. Being reappointed would allow him to contribute ten years of history and allow him to see the current projects carried out. Selectman MacCaffrie noted serving with Dave Young on the Municipal Building Committee and commended him on the job he's done so far. Selectman McCue noted everything he's heard about his participation has been positive and he thanked him for his contribution. He asked what he believes is on the horizon. Mr. Young spoke of the municipal complex at the existing DPW Garage, of which the Water Treatment Plant is the first phase, and another fire station. He also noted the youth centers that are being discussed. Selectman McCue asked Mr. Young if he sees any conflict with a redevelopment committee. Mr. Young replied that the Municipal Building Committee deals with all buildings and improvements belonging to the Town. Selectman Amoruso thanked Mr. Young for the time he's devoted, noting he cannot think of a weak member on that Board Selectman McCarter added his thanks to Mr. Young for his contribution, noting everyone on the Committee has some r familiarity with construction. Nominations for one five-year aDpointment to MuniciDal BuildinQ Committee David Young was nominated by Selectman McCue Vote: 5-0 David Young was appointed to the Municipal Building Committee for a five-year term ending January 1, 2008. Council on Aging (two three-year terms) Applications for appointment to the Council on Aging (COA) were received from Sonia M. Walgreen of 291 Ware Street and Norma Smith of 18 Oakleaf Drive. Ms. Walgreen has been on COA since 1987; Ms. Smith noted she's "the new kid on the block." She noted retiring six years ago and moving to her son's home in Mansfield. She was taken down to the COA and introduced and has been volunteering there ever since. Selectman Amoruso asked if the applicants if they have any suggestions. Ms. ,- Walgreen said she hopes to be able to hold their own with their current programs in the light of budget concerns and to attract more of the newly retired. She'd Board of Selectmen Minutes of December 18, 2002 6 r- especially like to continue the wellness programs. She noted Norma is their peer and makes a great contribution. Selectman MacCaffrie asked if they'd try a lunch on a Saturday sometime because he has a difficult time making their events during the week as the result of his work schedule. Selectman McCue noted he would also like to be able to attend one of their events. He asked that they not be shy in coming to the Board to ask for what they need and that they keep the Board aware of what is going on with the senior population. Nominations for two three-year appointments to the Council on AQing Sonia Walgreen was nominated by Selectman MacCaffrie Norma Smith was nominated by Selectman MacCaffrie Vote: For (5-0) Sonia Walgreen and Norma Smith were appointed to the Council on Aging for three-year terms ending January 1, 2006. Library Trustees (two three-year terms) r Applications for appointment to the Board of Library Trustees were received from John Walgreen of 291 Ware Street and Nancy Breef-Pilz of 154 Church Street. Selectman McCue noted how important the work the Library Trustees is, noting he holds five library cards. He noted libraries are facilities that assist commerce with reference books and contribute to learning. He offered his assistance to help the library. Ms. Breef-Pilz noted she is a librarian and believes she can make a positive contribution. Mr. Walgreen said he has been on the Board for one term and uses the Library a lot. He would like to continue to reach all parts of the community, noting he's experienced the loss of our librarian and was pleased when they hired Janet Campbell who was their Children's Librarian. They were also successful in replacing her with an equally skilled and professional individual. He noted the Library is more than the circulation of books, and spoke of the number of people who come in to use the computers. They are currently working on creating computer stations for the handicapped. ~ Selectman McCarter asked if A T&T ever put the cable in at the Library. Ms. Breef-Pilz said it was done recently. He also asked if circulation has increased or Board of Selectmen Minutes of December 18, 2002 7 ~ fallen since people now use computers so heavIly. She noted it has increased and people now use their computers at home to reserve books. Selectman McCue noted the ability through the Inter-Library Loan System to order books from libraries all over. Selectman McCarter noted his interest in the historical maps. Nominations for two three-year appointments to the Board of Library Trustees John Walgreen and Nancy Breef-Pilz were nominated by Selectman McCue. Vote: For John Walgreen 5-0 For Nancy Breef-Pilz 5-0 John Walgreen and Nancy Breef-Pilz were appointed to the Board of Library Trustees for three-year terms ending January 1, 2008. World War II Scholarship Committee (three five-year terms) Applications for re-appointment to the World War II Scholarship Committee were received from Mary Ann DeTrolio of 496 Elm Street and William Flannery of 502 Willow Crossings. Ms. DeTrolio was unable to be present. Mr. Flannery said they work off the interest from the $2,000 per year that goes into the fund back to 1948. They read all the applications and determine who will get the scholarships. r- He credited Mary Ann with getting all the information together. He also noted the problem encountered when students receive financial aid and the amount of the scholarship is deducted from it. He also suggested moving to direct grant scholarships as a way to avoid this, noting the need to see if it would be legal to do so. They meet the first Monday of May, go to the presentation to give the scholarships in June, and that's the extent of their work. Typical scholarship are $400-$500 and they usually give eight to ten each year. The applicants are reviewed based on scholastic achievement and need. Those who have extreme need usually receive scholarship and financial aid from other sources. Nominations for three five-year appointments to the World War II Scholarshio Committee Mary Ann DeTrolio and William Flannery were nominated by Selectman McCarter- Vote: For Mary Ann DeTrolio and William Flannery 5-0 Mary Ann DeTrolio and William Flannery were appointed to the World War II Scholarship for three-year terms ending January 1, 2008. Recreation Commission (two three-year terms) ,,-. Applications for re-appointment to the Recreation Commission were received from David Leary of 15 Van Gemert Drive and Danielle W. Fish of 18 Cooper Road. Board of Selectmen Minutes of December 18. 2002 8 r' Danielle fish noted she has been a resident for five years and is applying for reappointment. She said it was a great first term during which she met many new people, as she was a new resident at the time of her appointment. As a parent she has a vested interest in the community and sees this as a way to give something back to the community. Selectman Amoruso asked if she sees anything that needs to be done. She said they work in an advisory capacity with the Recreation Department's many programs. Selectman McCarter suggested the need for more programs for our teenaged population. Ms. Fish noted Mansfield's large teenaged population and suggested there will be an opportunity to work with them. Selectman McCarter suggested a skating area, with the Town Manager noting Plymouth Street was designed so it could be flooded for that purpose. He wi'll check with Mike Ahern as to why it's not currently being done. Selectman McCue thanked her for the time devoted to the town. Nominations for two three-year appointments to the Recreation Commision David Leary was nominated by Selectman MacCaffrie Danielle W. Fish was nominated by Selectman McCue ~ Vote: For David Leary 5-0 Vote: For Danielle Fish 5-0 David Leary and Danielle W. Fish were appointed to the Recreation Commission for three-year terms ending January 1, 2006. Conservation Commission (two four-year terms) An application for re-appointment to the Conservation Commission was received from Carolyn Matthew of 108 Elyse Road. Ms. Matthew was not able to be present at the meeting. Nominations for appointment to a four-year term on the Conservation Commission Carolyn Matthew was nominated by Selectman McCarter Vote: 5-0 Passes Carolyn Matthew was appointed to the Conservation Commission for a four-year term ending January 1, 2007. ,- The notice of hearing as it appeared in the Sun Chronicle on December 4, 2002 was read by Selectman MacCaffrie. Board of Selectmen Minutes of December 18, 2002 9 r Motion: To open the public hearing at 8:33 p.m. (McCue-Amoruso) 5-0 Passes The hearing was held on the application of Mansfield Municipal Electric to lay and maintain underground conduits and manholes, with the necessary wires and cables therein, under the surface of West Street as shown on the plan titled Mansfield Municipal Electric Department West Street Conduit Installation to Route 140 dated November 11. 2002. A recommendation dated November 27, 2002, for the approval of the petition was received from DPW Director Lee Azinheira following staff review. Ann Langille, Electrical Engineer, and Gary D'Ambra, Line Foreman, were present to represent the Light Department. Selectman McCue asked for clarification of the plan. All work is off the pavement and there will be no detours. There will be a traffic detail when the trucks are working. The job will take a week to ten days to complete and will commence when approval is received from the Selectmen and a road opening permit is obtained from ,-. MassHighway. The work will be coordinated with the work being done for the Erin Centre project. A positive recommendation was received from DPW Director Lee Azinheira following staff review. Motion: To close the hearing at 8:40 p.m. (Amoruso-McCue) 5-0 Passes Motion: To approve the petition (MacCaffrie-Amoruso) 5-0 Passes Applications were received from the following individuals seeking appointment as constables: D. Marie Smith of 267 South Main Street, Mansfield; Sal Consalvo of 417 Gilbert Street, Mansfield; James A. Carey of 1004 Pheasant Lane, Middleboro; Paul V. Morrison of 77 South Grove Street, Foxboro; Joseph A. Pacella, 150 Rumford Avenue, Mansfield; Charles Meszoely of 158 South Main Street, Mansfield - Special Constable for Conservation Land; Carlton T. Conrad of 491 Kelley Boulevard, North ,-- Attleboro Board of Selectmen Minutes of December 18, 2002 10 ~ Charles Meszoely said he has been a constable since 1962 and is a former member of the Conservation Commission and Great Woods Study Committee. He is the only constable for conservation land and gets no pay other than the enjoyment of it. He spoke of his background in conservation and his belief that he does some good in deterring illegal activities such as the digging up vegetation and drinking in the woods. He noted it costs the Town nothing and he enjoys walking in the woods, primarily the Great Woods and Maple Park. He would like to be reappointed because he enjoys it and feels like he's doing some good. Selectman McCue asked Dr. Meszoely if he's the only conservation constable. Carlton Conrad said he believes he is also one and gets mail as such. Dr. Meszoely noted Paul Boyden was also one. Carlton Conrad stated he has been a constable in Mansfield since 1989 in Mansfield, and in Attleboro before that. He is a retired police officer and this is a continuation of doing his job. D. Marie Smith said she would like to continue serving and has been a constable in Mansfield for six years. In response to questions asked, she said she has never been called to perform matron work and she averages about one wedding per month. She believes she is well qualified and holds a brown belt in karate. r- Jim Carey noted he has been a constable for 15 years in Mansfield, Foxboro and Easton and in addition is active in other state and constable associations. He does it full-time for a living, Mass Constable Service, out of Middleboro. He spoke of the types of work he does. Joe Pacella said he has been a constable since 1993 and has been a resident since 1986. Most people don't appreciate seeing them, but he enjoys it and would like to continue. Sal Consalvo has been a constable for nine years and would like to continue serving papers in the town. Paul Morrison said he is applying to expand his business to other areas around where he lives. He does this part time now and plans to do it full-time upon his retirement. He is already appointed in Quincy and Foxboro. Selectman MacCaffrie requested that the application of Carlton Conrad be held until it receives approval from the Police Chief. ,,-.. Jim Carey noted appointments should be State-wide, or at a minimum County-wide and would most likely be done by the Attorney General or County Commissioners. Board of Selectmen Minutes of December 18, 2002 11 r- Some communities no longer have a Sheriff's Department and are using constables in their place. In Rhode Island it's State-wide and constables are appointed by the Court System. Massachusetts is unique in that it's by town or city. Mr. Conrad noted papers from Probate Court can be served anywhere in the State. He also noted the insurance companies are very strict about what they can do. Paul Morrison suggested it could be done by the District Attorney for each district. Selectman Amoruso noted Mr. Morrison's application did not contain a statement of moral character, but five people signed to attest to it even though it was left blank. To appoint and reappoint as listed with stipulation that Mr. Conrad's be approved first by the Police Chief (MacCaffrie-McCarter) 5-0 D. Marie Smith of 267 South Main Street, Mansfield; Sal Consalvo of 417 Gilbert Street, Mansfield; James A. Carey of 1004 Pheasant Lane, Middleboro; Paul V. Morrison of 77 South Grove Street, Foxboro; Joseph A. Pacella, 150 Rumford ,,- Avenue, Mansfield; Charles Meszoely of 158 South Main Street, Mansfield - Special Constable for Conservation Land; Carlton T. Conrad of 491 Kelley Boulevard, North Attleboro Charles Meszoely, Paul V. Morrison, James A. Carey, Sal Consalvo, D. Marie Smith and Joseph A. Pacella were appointed as constables to three- year terms ending January 1, 2006; Carlton T. Conrad was also appointed to a three-year term ending January 1, 2006, subject to approval from the Police Chief. Selectman MacCaffrie read a letter received from Massachusetts Bay Transit Authority regarding the increase to go into effect on January 6, 2003. Transit fares will increase by $.50 and parking at commuter rail lots will be increased from $1.00 to $2.00 in non-resident lots. Signs will be . posted. The Town Manager suggested that if we're going to minimize the effect of a regional train station in Mansfield, the Town needs to consider buying up avaJ'lable land in that area and establish a Parking Authority to maintain and oversee the lots using the revenue generated to offset the expenses. Selectman McCue noted his commitment to keeping the fee at $1.00 for as long as possible. Selectman McCarter asked if the ,,-- $1.00 covers our costs. That wH/ be determined before it is decided to keep it at $1.00. Board of Selectmen Minutes of December 18, 2002 12 ~- Selectman MacCaffrie noted we're paying the MBTA $38,000 per year, but since 1990 we pay it and are also responsible for the striping of the lots, including those of the MBTA. r The Town Manager noted getting the Winthrop Street lot returned to us when he began as Town Manager because the lot, which was buNt on a former pond, was sinking and was going to need considerable work Discussion ensued as to the need to cover our expenses, with Selectman McCue noting he did not want to see commuter parking used as a revenue stream. He noted we do, however, need to cover our costs. The Town Manager spoke of the hard choices that wi'll have to made this year to close a $5-$6 ml'llion budget gap. He stated we first need to determine if the increase in the fee to the MBTA,and after paying them, wi'll stl'll allow us to meet all our related expenses. Selectman MacCaffrie noted doing a spreadsheet in an effort to make that determination. The Town Manager said his preference would be to keep it at $1.00 if we can afford to do so. If we do, however, we're going to need a revenue source to enable us to purchase or lease more land to provide additional parking for residents. Selectman Amoruso pointed out our need to take control over land in the area before the MBTA does and turns it into a regional facHity. As a policy board the Selectmen need to determine if they want to minimize the effects by raising that revenue for the purchase or lease of that land For now, signs wi'll be posted and an analysis wi'll be done to determine actual costs versus revenue. ,,-- The Town Manager reported: . We are beginning our budgeting process which is due the first Monday in January. Our initial approach is to look at a level-funded budget, which we know is not realistic. From there we will look at a 5 percent reduction. Revenues will be reduced significantly from the State. The initial School budget has been prepared that shows an increase. The revenues estimates will be presented in the middle of January. The State is giving us their estimate of the worst-case scenario, which amounts to a 20 percent reduction in local aid. We'll therefore be looking at local receipts and revenues from new growth. There has also been some discussion of delaying local aid in March and we need to develop a contingency for that. from a financial perspective we will not hit rock bottom and will be able to operate until the fiscal year. We expect it to be an extremely difficult budget cycle with $5-$6.5 million in reduced State aid. The Town Manager reported he will be meeting with the Board in Executive Session to discuss his strategy in upcoming union negotiations. We're looking at a 25'0 Board of Selectmen Minutes of December 18, 2002 13 ~ increase in property and casualty insurance, a 20'0 increase in health care insurance. Selectman McCarter asked if there's a better way to control unscheduled overtime for the balance of the fiscal year. Mr. D'Agostino noted it's been broken out further for Police and Fire and we can take a look at other departments. Snow storms seem to happen at times that require overtime rather than during normal working hours. Selectman McCarter suggested having overtime approval needed from the Town Manager to control costs as a means ultimately saving jobs. Mr. D'Agostino reported that Superintendent Moretti asked him if he'd be willing to serve on a panel discussion at Bridgewater regarding the relationship between Town Managers and School Superintendent. Eighty percent of the school budget is driven by personnel. On the Town side we will have to look at the elimination of services, personnel, and in some cases departments. We need to look at some of the costs imbedded within operating budgets to see if they can be moved to a fee-based system. There is no other way to find $5-$6 million to balance the budget. The other half of the equation is the other expenses, over which we have no control, continue to increase and there is no way to mitigate them. We will estimate our revenues conservatively and will look at our expenditures very closely. We will also attempt to merge services with the School Department wherever possible. A budget meeting is planned with the finance Committee on January 15th and we will probably not r- have meaningful significant numbers until the middle of March at the earliest. The Selectmen will need to provide guidance as to how we want to provide for services, personnel and programs. · We're still waiting for a date for the Selectmen, Planning Board and ZBA to meet on the reuse of the Hatheway-Patterson site. Selectman Amoruso asked about using it for parking for short-term events. We have an access problem for a portion of the site and would be required to bring it into conformity with our parking regulations. · We need to get out the cable contract fairly soon. · Town Hall hours for the Tuesdays before Christmas and New Year's will be the normal work hours. The Union Supervisory contract provides for a half-day off on the day before Christmas, but Town Hall will be open with a skeleton crew. · Spoke of an article in the newspaper regarding the cost for salt. We get it for $311ton vs. $35/ton that the State is paying. Some communities were able to get it for $28.25 because of their proximity to the location where it is obtained. ¡- Board of Selectmen Minutes of December 18, 2002 14 r- . The tanks are in at the Highway Garage and need to have the "Steelers" logo replaced. The conduit is in, the roof is on, and the fire suppression is in place. We do not yet have a final date for completion. We will be running the gas pumps with a computer system with a key card that must be swiped and it tracks the information for each vehicle. Tanker trailers will be required to unload during the daytime and will be monitored via cameras. The tracking and coding system will also provide for better fleet maintenance. · A meeting scheduled tomorrow at 11 o'clock for the 495 Regional Economic Target Area (ETA) with a luncheon at the Tri-County Regional School restaurant (Jerry's Place). There is a report that has been issued and is in the reading file. He said he's asked Shaun Burke, Ed Tartufo, Kevin Byrne and Walter Jenkins to attend as well. Mansfield, North Attleboro, Plainville, Wrentham, Foxboro, Franklin, Bellingham, Medway and Norfolk are included in the ETA. This is to determine if Mansfield will become part of it and it gives us the tools to begin to aggressively market for new businesses. Selectman McCue noted his continued interest in becoming part of an ETA. · Announced we've received a municipal recycling grant in the amount of $28,000. We need to share in matching funds. (1/5 of $12,000). Jonathan Kirshner, our r-- Regional Recycling Coordinator, will be coming in with DPW to give us an update. · Referred to the report provided on the well monitoring requested by Selectman MacCaffrie. Selectman MacCaffrie asked if we have a well on the Ash property yet (it is the Walsh Well). He has not seen the wells yet and wJ'l/ be taken for a tour some Saturday. The Town Manager referred to the summary on the last two pages of the report. The Walsh Wellfield is the Ash property. We're primarily using Cate Springs, Morrison Well, Mahana Well, and Walsh Well. We're looking to treat Prescott and Dustin Wells and we use them less frequently because of the water quality. Selectman McCue: · Asked about a report in the paper that the State is considering holding back aid from the wealthier communities. He suggested there seems to be the intent to punish communities that have put money aside in Stabilization. He asked if there has been any feedback on this issue. The Town Manager noted it has been done before during fiscal hard times and the rationale has been that those /- communities that are financially less able to meet their commitments w/Ï/ receive a larger share of it than those communities who have the ability to dip Board of Selectmen Minutes of December 18, 2002 15 r- into reserves. Mr. D'Agostino noted he cannot predict that it will happen, stating "the proof is in the pudding, but unfortunately it wi'll not be dished out unt/Ï after dinner." Selectman McCarter suggested we send a letter stating we have been fiscally responsible and should not be punished for it. The Town Manager agreed and said he would be on Beacon Hill fighting it in an aggressive manner. Selectman Donovan: · Referred to a letter regarding the need to appoint someone to the Southeastern Regional Disaster Committee. A person must be appointed to both the local and the regional committees. He noted speaking to DPW Director Lee Azinheira, who said he said he will do the local committee. Selectman Donovan advised the Selectmen that he has received training in this area and is aware there may be money available for towns, stating he would like to be appointed to the Regional committee and lobby for the funds for Mansfield. Motion: To appoint Lee Azinheira to the local Disaster Committee and Daniel Donovan to the regional Disaster Committee (MacCaffrie-McCarter) 5-0 Passes · Reported being copied on a letter to School Superintendent Moretti from the r- Massachusetts Department of Education confirming that the additional funds authorized at the October Town Meeting to complete certain field work on the High School construction project will be reimbursed at the original approved rate of 67'%. Selectman McCarter: · Noted we have received notification of another 40B project in Town and asked if there's anything the Selectmen need to do on it. The Town Manager suggested they're notified more of a courtesy than anything else. Selectman MacCaffrie noted they have 30 days to begin a hearing after receipt of the application, but the hearing can go on for as long as it takes. The Town Manager said he'cllike to invite a consultant to come in and speak to the Board regarding such projects he's worked with on the Cape. He may be able to give us a better understanding as to what our role could be. Selectman Amoruso noted if we can't get rules from the Zoning Board of Appeals (ZBA), we may be able to adopt some of our own. Selectman McCarter said he watched the ZBA meeting and they seem to be establishing regulations. Selectman MacCaffrie recalled ,_ the regulations were more from a planning side and it appears they're headed in Board of Selectmen Minutes of December 18, 2002 16 ~ the right direction. Selectman McCarter noted the need to have regulations in place in order to require the provide the necessary planning reviews. Selectman MacCaffrie: . Asked about using Town property for special events, noting we've always said we would treat ourselves as we treat others. If the Town is planning on doing anything for Tournament Players Club regarding parking, we need to get our eggs in the right basket and treat them gingerly so they don't break. We should be held to the same standard that other parking lots are and he believes we're wrong in allowing parking without getting the proper permits if a fee is being charged. The Town Charter indicates that the grounds and buildings belong to the Town and the Town would have to say it could be done. The Town Manager replied that we would have to look at zoning and the exemptions that exist for municipal use, unless the Board wants to impose a higher standard than what is required by zoning, He noted this would be a temporary use for four days. Selectman MacCaffrie noted anyone parking more than nine cars, even for four days, would be required to come before the Town for a permit. Mr. D'Agostino noted it is Town Counsel's that it is a temporary use of 1,000 parking spaces on school grounds that meet the drainage and buffer requirements. According to Counsel it can be done. If the Board wants to impose a $600 charge on the ~ School Department, it has the right to do so. Selectman Amoruso noted it's being done by a non-profit. The Town Manager noted it is not a commercial parking lot because on the fifth day it goes back to another use. Selectman MacCaffrie asked what would happen if Jimmy Buffet weren't at the Tweeter Center and they decided to park cars on all the gravel area that is under their license as part of their ticket fee and they charged a fee. The Town Manager said they would need a commercial parking permit and would come under the regulations. Selectman McCarter pointed out we have regulations for temporary seasonal parking and permanent year-round parking and each needs to have separate regulations. Selectman Amoruso noted you cannot have two uses going on simultaneously. . Spoke about departments that use tapes and have a set of meeting notes, asking if that tape is considered an official record. Mr. D'Agostino explained that once it's transcribed the tape is reused because the minutes are the permanent record Selectman MacCaffrie noted if the tape remains available, it is a public record and asked what happens if it has been altered. The Town Manager said in effect it would be a violation of the Open Meeting Law. He noted there was an issue that deals somewhat with what is being referred to with the Planning Board There happened to be a second tape mixed in with the unused tapes and ,-. there was a second tape that the individual he is referring to has accused staff Board of Selectmen Minutes of December 18, 2002 17 .r- of erasing. It wasn't available because it wasn't labeled and was mixed in with the unused tapes. The tape was made avaJ'lable to the individual requesting it. Selectman McCue; · Brought up his draft letter to the President for the Board's consideration. If everyone is fine with it, he advised them it will be put on letterhead and sent. Bill Gerber of 362 Central Street - is chairman of the Cable Committee to Advise the Selectmen, noting they are down to three members. He asked if he has enough people to hold a meeting. Just a majority is needed and it needs to be posted. Selectmen requested that letters be sent to those who were not appointed to Boards suggesting they might apply for appointment to this committee and others on which we stJ'l/ have openings. Mr. Gerber reported that with the cooperation of the Town Manager they were able to intervene for a citizen who had underground wiring that had deteriorated and it was replaced. The Federal Communications Commission (FCC) held a rate hearing yesterday and most of the rates are out of r- our control. Our rates will be going up in January and many people are switching to satellite dishes. Direct TV will give you the Providence channels in Mansfield for much less than cable costs. Dish Network carries Boston stations and Mansfield is not allowed to get Boston stations. Motion: To extend the meeting five minutes past the 11:00 p.m. (MacCaffrie-McCue) 5-0 Passes Mr. Gerber noted they've lost two members. Gary Crowell has resigned because he feels the work they're doing is not being followed through on by the Selectmen. He stated the letters need to go out to the cable provider and they have to be dragged in and "have their feet held to the coals." He would add an "accounting of the franchise fees" to the draft letter. They don't identify "tax" at all in the itemized bill and nobody has ever asked them how they come up with that money, how it is distributed, and what goes into that pool. If it is a breach of contract they can be fined. Selectman McCarter noted his disappointment at the loss of Mr. Crowell but suggested his loss only helps the cable company get away with what they are doing. ,'-" Mr. Gerber said his other issue is with Cable Access. They've rejected the "Rescue Me" program. Bruce Glaser has written a letter on his issues and it has not been Board of Selectmen Minutes of December 18, 2002 18 r- addressed. There have been calls about getting things on the scrolls. He stated there are mismanagement problems and they are a separate not-for-profit corporation that is not accountable to the Selectmen and should be. He urged the Board to intervene on his behalf and that of the Shelter friends and Bruce Glazer. Bruce has stated that there will be no broadcast of football games if his issues aren't addressed by the fall. Selectman MacCaffrie admitted he does not know what his role is with cable access as a Selectmen. Mr. Gerber explained they are responsible for the programming of the government, school and public safety channels. The Selectmen give them the channels to use. Selectman MacCaffrie stated he could not see how recognizing someone for giving a donation violates anything in the contract. Mr. Gerber pointed noted they do Army News and advertise on that. He noted shows on cooking and money management from Sharon that are no more than commercials for the establishments, but they don't want to do anything from Mansfield unless it's produced at their studio. Selectman McCarter pointed out we don't have appointment for the majority of the members. Mr. Gerber noted a quorum of ten subscribers could go down and remove their members for just cause. Control can also be made through the licensing process. He urged them to be judicious in how much money is doled out because the dwindling number of subscribers will be paying ,r' the expenses. Selectman MacCaffrie suggested inviting the entire board in for a meeting. He noted they seem to have a very selective enforcement policy. Motion: To adjourn at 11:15 p.m. (McCue-MacCaffrie) 5,.0 Passes //fltlY Date of Approval r Board of Selectmen Minutes of December 18, 2002 19