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HomeMy WebLinkAboutmin brd of selectmen 10/30/02 !~ íì ,. i,_j r- Board of Selectmen Minutes of October 30, 2002 !: ¡ r: E' l'-¡;> .- -7 9: 18 r' '"~ - 'v' ;j,..., '.. ('. Ii "'" ' "-~_ D 'j ErrS 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 7:30 p.m. followed by the Pledge of Allegiance to the Flag. A moment of silence was observed for former Selectman Joseph Pasquale, missing since Saturday during a scuba diving trip. · Warrant No. 18 in the amount of $2,211,033.19 Motion: To approve and sign (MacCaffrie-Amoruso) 4-0 with Selectman McCarter not present r · Minutes of October 22, 2002 Meeting prior to Town Meeting Motion : To approve (MacCaffrie-McCue) 4-0 with Selectman McCarter not present Passes · Minutes of October 23, 2002 Selectmen's Meeting Motion : To approve (MacCaffrie-McCue) 5-0 Passes · License Renewals - all have been reviewed and approved by the appropriate department heads Class II Auto Dealer Anagnos Enterprises, Inc., 46 Chauncy Street · Motion: To approve and sign (MacCaffrie-Amoruso) 5-0 Passes South Main Shell, Inc., 4 South Main Street · Motion: To approve and sign r (MacCaffrie-Amoruso) 5-0 Passes Board of Selectmen Minutes of October 30, 2002 1 r · Memorandum from Kurt Gaffney, Water Operations Manager, re: Water Service Connection for two (2) proposed residences on Karen's Way A memorandum from Woodard and Curran was a/so received, noting they meet the requirements Motion: To approve the connections (MacCaffrie-Amoruso) 5-0 Passes · Memorandum from Kurt Gaffney, Water Operations Manager, re: lifting of water ban effective October 31st Motion: Remove the water ban effective October 31st as recommended by the Water Operations Manager (MacCaffrie-McCarter) 5-0 Passes Town Manager D'Agostino noted the levels in the wells are not where we want them to be, but the usage has decreased to the point that a water ban does not need to be in effect. Selectman McCue stated many towns are continuing their water bans at a time when outside water is not being used. He noted we may reach a point when a water ban is needed throughout the year and suggested it (' does not make sense to lift it. He stated that for the sake of consistency perhaps it should be continued and, although he will support Mr. Gaffney's recommendation, he would like to discuss it with him further. · Letter from Boy Scout Troop 17 requesting permission to use the town land next to the Police Station for their Annual Christmas Tree Sale Motion: To approve with the condition that stakes are not driven into the ground without coordinating it with Lee Azinheira or Mark Cook in DPW. (Amoruso-MacCaffrie) 5-0 Passes · Notice of the breakfast for Seniors sponsored by the Mansfield Elks on Saturday, November 2nd, · Memorandum from Rodman Ford regarding their donation of two Ford Th!nk vehicles to the Mansfield Police Department - Police Chief O'Neill will be present to speak on the issue r Board of Selectmen Minutes of October 30, 2002 2 r- Chief O'Neill was present to request the Selectmen vote to accept the donation of the two Ford Th!nk vehicles and discuss how they will be used. The Chief explained the Th!nk vehicle is an electric vehicle that is pollution free. Ford has a program that is just winding up and they are now distributing them to Government agencies. There are three such vehicles out there-a GEM car that belongs to Chrysler which we're working to get, and Attleboro has them made by Club Car Company that are not suitable for our purposes. Greg Rodman contacted him about this program and made it possible for us to participate. They are being used on the school grounds and Memorial Park currently. They've also experimented with Richard Paulsen using the vehicle in his parking clerk duties at the Train Station and they plan to try them out at the Tweeter Center during the concert season, He noted these vehicles are not on loan-they are our vehicles, but are closer to a golf cart than a pursuit vehicle. They do not have heat, but are ideal for summer use. They must be accepted by the Selectmen as a gift for the prescribed use and purpose. It was estimated they are worth about $7,500 each. Motion: To accept the two Ford Th!nk vehicles from Rodman Ford for the use of the Mansfield Police Department as outlined by Chief O'Neill and to send a letter of thanks to Rodman Ford (' (MacCaffrie-McCue) 5-0 Passes Motion: To authorize the Town Manager to sign the letter on behalf of the Selectmen (Amoruso-McCarter) 5-0 Passes The notice of public hearing as it appeared in The Sun Chronicle on October 16, 2002 was read into the record by Clerk MacCaffrie, Motion: To open the Public Hearing at 8:00 p,m, (Amoruso-MacCaffrie) 5-0 Passes Requests were received from the owners of the following package stores to allow them to sell alcohol on Sundays beginning November 24th, the Sunday prior to Thanksgiving, and continuing each Sunday thereafter until New Year's Day for this season only: ",- . Mansfield Deli, 72 Pratt Street Board of Selectmen Minutes of October 30, 2002 3 r · Villa Liquors, 219 North Main Street · Tedeschi Food Shop, 242 Chauncy Street · Rum Runner Wine & Spirits, 377 Chauncy Street · Bristol Liquors, 670 East Street · Dubs's Discount Liquors, 30 Chauncy Street Discussion ensued as to whether other establishments can come in at a later date and request to be open or if they have to be voted on tonight. It was suggested a form be created to send out next year for the sake of uniformity. Selectman Amoruso noted it has always been handled as a two-step process-Selectmen hold the public hearing and the package store owners apply. Peter Detrolio of Rum Runner Wine & Spirits noted the State requires license holders to request the holiday Sunday opening permit and said he believes most communities approve them at the time stated for the hearing and do not approve any after that date, He noted he closes at 6:00 p.m, on these Sundays, but they may choose to stay open until 11:00 p.m. Motion: To close the public hearing at 8:12 p.m, (Amoruso-McCue) 5-0 Passes Motion: To allow Mansfield Deli, Villa Liquors, Tedeschi Food Shop, Rum Runner 'f Wine & Spirits, Bristol Liquors, and Dubs's Discount Liquors to sell alcohol on Sunday beginning November 24, 2002, and continuing each Sunday thereafter until New Year's Day for this season only (Amoruso-MacCaffrie) 5-0 Passes Selectman MacCaffrie noted Peter Detrolio is sponsoring a TIPS training seminar at his store on Sunday, November 17th from 10:00 a.m. to noon. He and other Selectmen will be attending to gain a better understanding of the training employees receive to aid their decision making in the sale of alcohol to the public. The Town will be paying the $20 fee for those attending on behalf of the Town of Mansfield. Selectmen Amoruso, MacCaffrie, and McCue and Town Manager D 'Agostino indicated they would be attending. The notice of public hearing as it appeared in The Sun Chronicle on October 16 & 23, 2002 was read into the record by Clerk MacCaffrie, Motion: To open the public hearing at 8:15 p,m, r (Amoruso-McCue) 5-0 Passes Board of Selectmen Minutes of October 30, 2002 4 r Assistant Assessor Edward O'Neil, Assessor Chairman John McNair, and Clerk Michael Eagan were present to discuss the matter with the Selectmen. A memorandum from the Board of Assessors was read, indicating their 3-0 vote to support a single factor of "1" (single tax rate) for fiscal year 2003, Mr. O'Neil reported we are starting with a residential tax rate of $15.68, with a single rate for all classifications. This rate would include everything approved up to and including last night's Special Town Meeting, Selectman MacCaffrie noted Taunton has a rate of $11.95 for household and $20.93 for business, yet their industrial park continues to grow. Mr. Eagan pointed Taunton and Attleboro also have the ability to offer a tax reduction to industry because they have enterprise zones, They also have an Economic Target Area (ETA) zone that allows them to give tax incentives. Selectman Donovan asked if any consideration was given to downtown businesses. Mr. O'Neil noted it depends on the number of employees they have and the consensus is that everyone should pay the same rate. Mr. Eagan pointed out that when a tax levy is lowered downtown, it gets shifted onto someone else. r Walter Jenkins, Chairman of the Industrial Development Commission, of 15 Conrod Court - urged the Selectmen to continue with an equalized tax rate, noting we're very healthy in Mansfield and our industrial base is a good part of that health. He suggested the rate presented tonight is very reasonable and is a lot lower than many other towns. He pointed out the industrial properties do not produce children that have to be educated in our school system and demand fewer services than residential tax payers, Karl Clemmey - stated the Board does not understand what the Assessors are doing tonight because this is only the tax rate that is being discussed and not the assessments. He said he'd like to see the Board of Assessors have more affiliation with the people of Mansfield, noting they'd like to see and know what the Assessors are doing, He also asked that another workshop be held with them. r Selectman McCarter noted last year was difficult for the Board in making the decision to go from a split rate to an equalized rate. He spoke of a website by the Commonwealth of Massachusetts Division of Local Services that shows all the cities and towns of the Commonwealth. Approximately 200 have equalized rates, and approximately 100 had a shift. Middleboro had a lO'Yo shift, the rest of them were higher. Ours was only 1.04. The shift that we had was more "window dressing" than Board of Selectmen Minutes of October 30, 2002 5 r anything else, noting those that had a shift were significantly greater. He announced he will continue to support an equalized tax rate for the time being. Selectman McCue stated that when they decided to equalize the rate last year, it was with the understanding that it would not drive people out of town and is in alignment with what the Town Manager and IDC are trying to do to promote Mansfield as a business-friendly town, He noted the shift in the percentage share of tax value will eventually provide relief for the residential taxpayer with the increase of commercial and industrial property. Selectman MacCaffrie asked if the assessment of the industrial park recent sales affects the 24,},o, because they're now paying more for their property and more in taxes. Mr. O'Neil noted there are many creative financing lease-back sales that are complex. The percentages presented are based on percentage share of tax value, r Selectman Amoruso asked the Assessors if they've ever had anyone say they moved here because the rates were not equalized. They indicated they had not. Mr, McNair pointed out the Assessors had approximately 30 rebate requests, with many of them withdrawn when we went to an equalized rate. There are a couple they are still working on and people still have a right to file. He asked how many went to Court, Four out of that group in the revaluation year, There is a 7.6,},o vacancy rate in the industrial park at the present time and Mr. Jenkins said he is getting marketing packages for the Assessors to provide them with more realistic values, He spoke as a former asset manager for a large corporation and explained that their job in representing their investors is to file for abatements, noting it's a contingency based business. It has more to do with the valuation of the building than it does with the rate and whether or not it's equalized. Motion: To close the hearing (MacCaffrie-Amoruso) 5-0 Passes Motion: To set the tax rate at 100'}'o at $15.68 per thousand (McCue-McCarter) Selectman Amoruso said he would like to go with a split rate, but thinks continually changing it makes it unpredictable and drives away industry. Selectman MacCaffrie agreed, noting to go up a few percentage points isn't going to make much difference in the tax levy but creates uncertainty, On that basis he will vote to keep it level as long as we're not overburdening our residential rate or underburdening our business and industrial base. Vote: 5-0 Passes r Board of Selectmen Minutes of October 30, 2002 6 r r r John Walsh of the Bristol County Retirement Board and Treasurer/Collector Richard V. Boucher were present to address questions and concerns regarding the underpayment of withholding for the "over $30,000" assessment for Town employees. Chairman Donovan noted his previous discussion with Mr. Walsh and asking him about the situation. Mr. Walsh explained that all employees contribute a percentage of their pay, such percentage depending on their date of hire, There is also an additional 2'}'o collected on the portion over the $30,000 that must be collected for all employees after a given date. He explained when the 2'}'o issue came up in May of 2001, Mansfield began taking out the correct amount when it was brought to Mr. Boucher's attention. There is a point in time prior to that when the money was not withheld in the proper amount, This portion goes into the annuity portion of the retirement plan and the retirement system is part of PERAC. There are no other towns in this position. Mr. Walsh noted they have a new computer program that now identifies such a problem much more quickly, The problem was first brought to his attention by an employee who noticed a Mansfield new hire making over $30,000 per year without a significant amount being withheld. Mr. Walsh said he then contacted Mansfield Treasurer Richard Boucher and notified him of the situation. In September he and Mr, Boucher co-signed letters to all the employees affected with the amount owed, The Town is more than holding up their end in working with the employees, but not all the employees are holding up their end, Everyone pays the load and everyone pays their fair share, There were 21 people who owed a significant amount of money-from $700-$1400, with the average being just under $500. Mr. Boucher offered a plan for repayment. MGL Chapter 32 Section 20-2 requires the insufficient amount to be collected from the employee. If people choose not to repay, there will be an actuarial deficit and the entire Bristol County System will have to make that up. They have a $28,000 shortfall. One individual with a deficit is now retiring and the papers cannot be sent to PERAC until the outstanding amount is paid, The retiring employee has indicated he has an agreement with Mr, Boucher. The Town has paid their portion, which is calculated semi-annually at 11.9'}'o of payroll. He noted it took awhile for the ball to start rolling because they meet only once a month, As a result it sometimes takes awhile to get situations like this straightened out. Selectman MacCaffrie asked when this started to occur in 1979 if all the towns were notified and if up to May of 2001 if Bristol County Retirement had audited anyone. Mr, Walsh indicated the 1979 date was the effective date of hire. The regulation didn't start until 1991. From 1991 to May of 2001 no audits were done. They are done every three years by PERAC and this was not picked up, County Board of Selectmen Minutes of October 30, 2002 7 r- r r- systems are much different than a town or city that has a retirement system. Their auditors are looking at 38 different systems. Selectman MacCaffrie noted it was May of 2001 when this was discovered, Mr, Boucher corrected the error and calculated the appropriate amount of money that should have been taken from the paychecks, Mr, Walsh stated that in May of 2001 Bristol County did not notify the employees-only the Treasurer. They work only through their representative who is the Treasurer, It was questioned why employees who are part of the system were not notified in May of 2001. Selectman McCarter asked what the delay was from May of 2001 to September of 2002 when they were officially notified and what transpired during that time. He noted it affects our personnel and they should know what has happened during that time asking why they weren't told upfront? Mr. Walsh noted the Town Treasurer is the conduit to the Town and the employees, Selectman MacCaffrie noted there was dual culpability, stating he doesn't have much faith in any system since Enron, He suggested that in nine years didn't it seem strange that no employees got raises? Mr. Walsh stated the Town's auditors should have spot-checked that and picked it up, Mr, Boucher noted our auditors only audit the portion the Town pays and that amount was correct. They indicated it was up to Bristol County to be sure they were getting the correct amount from the employees, Town Manager D'Agostino noted initially a flat amount was taken out and when increases were given, the withholding at the flat amount continued. It was the difference between those two figures that accrued over the years. Selectman McCarter suggested there are equity issues involved and the Town should help the employees out. Selectman Amoruso noted it's the employees' retirement fund and their money, If some have paid properly and others have not, that is an issue, Mr. Walsh noted they didn't have enough of their own money taken out and if they owe $500, it's their part that's short. They can payor suffer the consequences at the end when they retire, Presently the interest on the amount is being waived, but that may not continue, Selectman MacCaffrie noted everyone affected should have been notified when the problem was recognized and told that efforts were being made on their behalf to get it resolved. Mr, Boucher noted during that time he went to the Retirement Board and talked to them about it. At that point nobody realized how serious the problem might be. He had to go back through nine years of payroll individual by individual and add everything up. This took several months. He then went back to the Retirement Board and gave them the nine years of information. He noted the retirement board has the right to collect it, but can forgive it if they so choose. They made the decision it should be paid back. He did not notify the employees at that time because it was not known how serious it was and he was hopeful the retirement board would waive it, It was felt we could clear this up within a year after they sent out a notification to everyone with a lump sum, He then made up his own form showing the amount of deficit each year. The full Board of Selectmen Minutes of October 30, 2002 8 r- 2'}'o was not miSSing, but the deficit arose when people received increases and additional amounts were not withheld. They've offered a payroll deduction to make it as painless as possible for employees to pay back the money and it's to their benefit to do so. There was never a time when nothing was being done about it. Town Manager D'Agostino noted was there a discrepancy between the two accountings during that time. Mr, Walsh reported their figures showed $6,000 more being owed than the Town's. That portion was waived. The amount finally agreed upon was $42,400. The currently have under agreement about $15,000 as of the September report they've received. The Town of Mansfield is obligated to collect this from the employees who owe it, When an employee retires and PERAC cites a problem, the retirement approval can be delayed. Currently there is nothing in the software package that picks up the problem. r Mr. Walsh explained there were two key times--May to February, when Mr, Boucher met with the retirement board and then went back and tried to create a list. It languished as far as the retirement board was concerned, From February through March they were back and forth on a regular basis and their responsibility is to the membership and not to the officials of the Town. Each employee has been notified of the weekly amount necessary to retire their debt in a year, If that amount is excessive, a payment plan is worked out. If they pay through the payroll, they also get a tax break because it is a pre-tax deduction. They cannot, however, guarantee that it will remain interest-free. Town Manager D'Agostino urged Mr. Walsh to have his Board do everything necessary to collect the amount owed because it's not fair to those who have paid. Mr, Walsh said they do not want to threaten anyone and he will bring the information back to the Selectmen. He noted, however, it is a personnel issue. With the new software they have, these situations are picked up much earlier, He and Mr. Boucher will follow-up with the Selectmen about sending letters to those individuals who have not paid. r- George Dentino of Gladiola Terrace - noted it was told to the public by the administration that all those who reached the $30,000 mark didn't get it taken out, Currently 390 people are on pension. He suggested it was done correctly for two- thirds of the people. The Town Manager noted many of them may have been hired prior to 1979 or were not making $30,000 at the time of their retirement. Mr. Dentino said the bulk of the two-thirds were in the same position of the one-third that were done incorrectly, He also stated the administration said it would have to be picked up by the rest of the system. Mr. Walsh noted Price Waterhouse comes in tomorrow and that will be a point of discussion as to how it is handled. The statement about the rest of the system having to make up the difference was made previously and what was reported by the Town at that time was correct. Mr. Board of Selectmen Minutes of October 30, 2002 9 r D'Agostino asked if it is a legal responsibility of the Town to make up the cost. Mr. Walsh replied that as it stands now, the actuary says it's over the entire system. The actuary misstated the situation previously and has admitted to it. r I The Town Manager reported: . We recently received a call from Halifax, Nova Scotia, about the trees they have available for selection for use as a flagpole on the East Mansfield Common, The invitation includes having a staff person go up to pick out the tree. The cost for transportation for the one to two day trip would be about $500. It is not something we have to do, but they are paying for the cutting, transportation, and debarking of the tree, that will be shipped along with the Boston Christmas tree, and it would be a nice gesture of appreciation on our part. Selectman Amoruso stated his belief that we should have someone go up there. Selectman MacCaffrie suggested the remaining pieces of the old flagpole be removed from the East Common to be protected from the weather. Bob Bean has suggested ways to work some of the pieces into the area of the new flagpole with appropriate plaques and dedication. Selectman McCue noted speaking with Matt Keswick who believes the Premier himself may come to Mansfield for the dedication. Motion: To send an ambassador as requested by Nova Scotia to select the tree (Amoruso-McCue) 5-0 Passes r- . He will be working with Shaun Burke and Dick Lewis to set up a meeting regarding the creation of re-use options for the Hatheway Patterson site. Once that is established he would like to hold a public meeting with the Planning Board, Zoning Board, IDC, Selectmen and residents. This will take a couple months to get it together and allow for a notice of public hearing to be sent out. He wants the community collectively to determine re-use options, We would then send a letter to EPA outlining our most preferable and least preferable options, Based on the staff changes going on at the EP A, he suggested that they will be in gridlock when testing the bedrock. It will take 2-3 months to get the information analyzed. One of the options he'd like to consider is dealing with access from the land on the other side of the tracks to County Street, He would like to get a tunnel or easement from CSX to get across their tracks. If they have to encapsulate any portion of the Rumford River, we're halfway there in getting an underpass. Selectman Amoruso said it sounds like a good plan, but expressed his doubt about getting enough money to do the underpass. He noted in Foxboro there are several crossings over those same tracks. Mr, D'Agostino suggested the crossings were done at a time when the philosophy of their Board of Selectmen Minutes of October 30, 2002 10 r- leadership was different. Selectman McCue stated he wants to make sure we don't become complacent in moving this forward and are st/ÏI operating under the statements made that they want to get this done as soon as possible. He also has a level of concern over if we rely on the options internally and then present them to the public, if we might be cutting out a significant part of public participation that he wanted from the inception of the process, He'd like to see public input earlier in the process, but will defer to the leadership of the Town. Mr. D'Agostino said we are not cutting them out of the process, but rather allowing them to participate at the most meaningful juncture when options can be presented, Selectman McCue remained concerned as to whether residents would st/ÏI feel a part of the process if boards already have made decisions as to the options presented Mr, D'Agostino replied that he would present them as "these are the options we've come up with so far-what else would you like to see" such as they did with the Train Station. There would be a willingness clearly conveyed that public input would have an effect on the final outcome. The public is not totally ignorant as to the contamination on the site as there have already been two public hearings. We have a responsibility to rank the priorities from least desirable to most desirable, Selectman Amoruso suggested we can act as a conduit with easy access to public representatives by the public, Suggestions can stimulate public input, staff can define the restraints necessary. Mr. D'Agostino noted there is a $50,000 grant that an organized community group would be eligible for in this process. The experts are trained to understand land use options and determine what is most preferable. It is not being done to cater to the neighborhood, but to provide guidance to EPA to enable them to determine the level of cleanup they must do to meet the requirements of the project. r- · Is in the process of composing the comprehensive letter to Frank Foss of AT&T Broadband regarding the issues raised by the Ad Hoc Cable Committee. · Received the Joint Transportation Planning Group meeting minutes and notes Roland Hebert has recommended that Mansfield's Chauncy Street (Route 106) at Copeland Drive project be moved to the FY'07 Transportation Improvement Plan (TIP) because the Mattapoisett bike path required additional funding. Lee Azinheira was present at that meeting and presented the only opposition. We will be meeting with Roland Hebert because this is not the first time he's made those types of recommendations based on his perceptions, The next meeting is November 13th at 2:00 p.m, at SRPEDD and we will try to get the project funded prior to '07. · The Industrial Development Commission, which is appointed by him, did a r fantastic job in pulling together a meeting of diverse entities on Tuesday Board of Selectmen Minutes of October 30, 2002 11 f morning. He was part of the presentation consisting of Shaun Burke and John Sullivan. They provided a very unique perspective on Mansfield and allowed us to put our best foot forward. He encouraged the Selectmen to take a look at the brochure. One of the important messages conveyed is that Mansfield has the best quality of life of any of the towns in the area, We have a surplus, are well- managed, and are working cohesively and cooperatively with the Finance Committee and School Committee to move the community forward. Mr. Park, who works primarily in the 128 belt, noted Mansfield is a "diamond in the rough." Chairman Donovan said he would like to send a letter to our State Representatives thanking them for their participation. Selectman McCue said he has received feedback as to how well it was done, how impressed the attendees were, and reaffirmed his commitment to helping the IDC and Town Manger to perpetuate the attraction to the degree it makes sense. He spoke to Walter Jenkins regarding a press release, mentioning some of the attendees, and getting it out to Mass Tech and the Bio-tech Council who were interested in sending representatives but ran into a conflict with another meeting. They have expressed their interest in what we're doing, and he would like to keep the momentum going, Chairman Donovan noted the Boston Business Journal is also important to reach. Selectman McCue also suggested "Site Selection" magazine. Rep. Frank has sent us a letter in support of what we're doing. Selectman McCarter said we just need the first big company and others wi/I follow. Selectman McCue noted seeing a significant degree of cooperation from the Board, pointing out that Selectman MacCaffrie was responsible for getting someone to attend the meeting. r- Selectman McCue: . Asked if we've given any further consideration to doing off-site meetings, Selectman MacCaffrie reported he attended a senior craft fair over the weekend and he reminded them of it. They thought it would be a nice idea and they asked if we could move questions and comments to early in the meeting. Town Manager D'Agostino noted it would have to be held in a bUlïding that is handicapped accessible and suggested they could run the senior bus to enable them to attend A Saturday afternoon at Bicentennial Court was suggested, but it was noted there are parking issues there. Selectman Amoruso pointed out there is a cable drop at the COA/Library so it could be televised and there is plenty of parking there. r- I Board of Selectmen Minutes of October 30, 2002 12 r Selectman MacCaffrie: · Asked if we received the bill for work done by Attorney Mangiaratti for the MMAS special permit and reminded the Town Manager it should be sent to them for payment. Selectman McCarter: · Asked if there is anything to report about the insurance on the Homestead or Clemmey Tank property. Not yet · Asked if we've heard from Town Counsel Mangiaratti about status of our case against the former trash collector. We believe the owner is in jail. Selectman Donovan: · How are they doing on the J ordan/ Jackson roof? Will check. The work is stopped now, but he's not sure if they finished Selectman Donovan: · Asked that thank you letters be sent to Carol Nathan from Senator Sprague's ,(" Office, in addition to Betty Poirier and Mike Coppola Selectman MacCaffrie: · Reported that he wandered around the Library/Senior Center on Saturday and looked at the HVAC units, noting the building is basically a large house. He stated he isn't sure what we're going to get from an architect or engineer for $15,000 that we can't get from going out and getting another 3-ton unit. The unit is considered a residential unit unless it's 5 tons or more, but is adequate for a building the size of the Library/COA. The $15,000 would be better spent just replacing the two units, with a bid going out to do so. Town Manager D 'Agostino replied that would be the case if staff felt what is there was adequate. Selectmen MacCaffrie noted the units worked until they outlived their life expectancy or until they began leaking freon, The Town Manager noted that based on feedback there is a need to replace them with something more than they've had there. They're looking for a larger capacity unit. If the Board would like to set a policy that we should not replace them with more than what is currently there, they could set that. We came up with a $15,000 figure based on information from a member of MBC who is a/so on CIP. Our intent is not to spend $15,000 but to have an engineered solution because what appears to be a deficiency. Selectman Amoruso noted attending a meeting at the r building in the summer when the air conditioning was making the building too Board of Selectmen Minutes of October 30, 2002 13 r- cold. He suggested perhaps there is a humidity problem. The Town Manager wJ1/ invite Mike Ahern in to discuss it. r- · East Street fields - with the $35,000 left in the budget he'd like to see loam removed from the site, piles of earth removed, and the Little League field redone. It's an eyesore and has been like that for a year. The money has been there. Mr. D'Agostino said he will find out about it. The $35,000 will be outside of any reimbursement. The money was appropriated by the Town. Selectman McCarter noted they wanted to do the irrigation there before doing the fields. Selectman MacCaffrie said there is not enough money to do the project so he's advocating just to put the field back in and use it for a lesser use. He stated he is tired of seeing nothing happening there when everyone is complaining about not having enough fields. Selectman McCue suggested it would be helpful to put together a memo, noting he is not sure of the status. Town Manager D'Agostino pointed out we have dr/Ï/ed a well on the site. He would recommend if we do something on the East Street fields we appropriate the money, do it properly and get it over with. If there's a desire to get the loam spread, we'll do it after getting input from staff and the School Department. Selectmen McCue and Amoruso both said they would like to know what their plans are before we go ahead and do something. Selectman Donovan noted he would hate to start getting involved because they may feel we're interfering with their plan. Funding and reimbursement were further discussed, and the Town Manager said he will find out what the plan is, coordinate the effort and get it done properly. · Selectman Donovan: Asked Town Manager D'Agostino to talk to School Superintendent Moretti about the signs for the track, noting there are kids on skateboards on the track and doing damage to it. Selectman McCarter again stated the school needs to adopt rules and regulations for the use of the facility before it gets wrecked He spoke of a couple of holes in the track being pointed out to him - which are alleged to have been created by Midget Football moving the bleachers. He also noted empty bottles just being thrown all over the grounds, · Three anonymous complaints about the water leak at the corner of East and Ware Streets were received. The water leak was on private property and we cannot go on private property to make repairs. It was not repaired, and the water was shut off, It has since been repaired, r' . Asked about the work being done up at Attleboro Water Supply and its effect on our wells. Any work done up there is governed by the State and they were there long before our well was sunk. They were dredging and pumping out Board of Selectmen Minutes of October 30, 2002 14 r- water to get it low enough to dredge the filter banks. Anything they dId had to be approved by DE? prior to beginning the work. r Selectman MacCaffrie: · He and John were approached simultaneously about the Islamic School going in at the former St. Mary's, to which we said we have no control over. He noticed an additional letter in the reading file from a concerned citizen and understands the emotion felt by the writer, but does not believe that all those of the nation of Islam represent those who wrought the events of September 11th noting we have our own extremist groups within our own culture, He suggested we invite a representative of the group in (Dr, Moor) aside from a Selectmen's meeting to address concerns. Schools are exempt from zoning, but they still need to meet parking requirements. His concern is more about the sentiment and lack of understanding as to who the people are. The Town Manager noted we just opened another private school in town - Sf. Marys - and dIdn't have them in to let us know what they were doing. He expressed concern that its sentiment thats driving the issue and suggested its perceptual issues that are driving the concern. Selectman McCue pointed out that if peoples only exposure is to those who are driving the perception its understandable, and we could be a conduit to open up the communication. Selectman Amoruso reported there is also a concern about the amount of space the school is being put into. Its now shoe- horned into what is clearly a resIdential area and that cannot be answered at a Selectmens meeting because its a building issue. The analogy was made to the fear expressed when the Judge Rotenberg group home was first locating in Mansfield Town Manager D'Agostino will contact Dr. Moor and see if he is interested in coming before the board Selectman McCue stated the area resIdents wanted something done with that property because of its condition, but need to be made comfortable with what is being done with if. ",.- · Suggested we look into changing our age discrimination policy for the fire and police departments, noting many communities who have the policy now believe it was a mistake. Town Manager D'Agostino noted we have the best of both worlds and the Board needs to speak to the department heads before making a change. We now have discretionary ability to be able to pick and choose. Selectman Amoruso likened the situation to -dry" towns that have alcohol for sale right over the line. Hes had more than one person suggest an explanation be given as to why the policy is in place, but has a problem with department heads opposing a town policy. The issue needs to be discussed publicly so the public has an opportunity to hear the pros and cons, Selectman McCue suggested that if the track record continues of overturning the policy and this appears to be something the public wants, it becomes a political farce. Town Manager D'Agostino saId he doesn't believe from an administrative perspective that we're Board of Selectmen Minutes of October 30, 2002 15 · r serving the best interests of the town in hiring older police officers and fire fighters. Selectman McCue reiterated that if they continue to be approved at Town Meeting, the policy becomes toothless. If the town disregards the policy, it needs to be further explained or done away with. It creates confusion when five Selectmen vote not to support the motion, and the Town Meeting members then vote for it. Selectman MacCaffrie suggested we may need to ask the Chiefs if they want to change the rules. Town Manager D'Agostino noted it's being done on a case-by-case basis. Selectman McCarter stated he felt awful in talking with the petitioner afterwards because it had nothing to do with him, but rather as a town official he was supporting a town policy. Town Manager D'Agostino noted people voted for the individual and not the policy because he's a resident and a nice individual We haven't accepted lifting the age restriction and accept it as it is. We can send a recommendation that it is our policy not to accept anyone over the age of 32 as a firefighter or police officer, but then we have Town Meeting acting to the contrary. The applicant understood where we were coming from. Selectman MacCaffrie noted the issue is it's such a long, drawn-out affair for an individual going through the process. Selectman McCue said he felt the need to address a situation that was perceived as the Selectmen were doing something contrary to what people wanted to do, The issue was blatant and either needs to be addressed through education regarding the reason for the policy of the policy changed Town Manager D'Agostino said he w/Ï/ do a Mansfield Connection Show with the Police Chief and Fire Chief on the issue to explain the policy and why it was established r- Selectman Donovan announced Mansfield Green will be open from 8:00 a.m. to 12 noon each Sunday during November to allow residents to dispose of their leaves and brush. Selectman McCarter thanked everyone who did show up for Town Meeting Tuesday night and enabled us to get a quorum. He noted we accomplished a lot and made good decisions. Motion: To adjourn at 11:00 p,m, (MacCaffrie-McCue) 5-0 Passes r //~þ,- , / Date of Approval Board of Selectmen Minutes of October 30, 2002 16