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HomeMy WebLinkAboutmin brd of selectmen 09/25/02 1. (' Board of Selectmen Minutes of September 25, 2002 c~ '''-!\ ¡r-'n. i Ij'CL " .". c· ,- r· ! r'r:' 1_,_. OC1-3 9:25 ¡¡, ,;:, ," r:J_D 1'1 h ("(. , ('.' " "~"'-1'TS 1"4. ~) ,,,1 /.i:. ::.,: r"'; \) ~i t ' Present: Chairman Daniel Donovan; Clerk Steven W. MacCaffrie; Vice Chairman Michael W. McCue; 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. (' · Warrant No. 13 in the amount of $3,041,532.86 Motion: To approve and sign (MacCaffrie-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes Selectman MacCaffrie questioned why we're buying so many laptops and asked if there's accountability. Town Manager D'Agostino noted they are for departments that have night meetings and for departments that use the SCADA system so it can be monitored from home. Each is tagged and assigned to an individual There is a replacement program wherein when a new computer is purchased for a department or individual, their old computer is reworked and passed down to another employee as an upgrade to their current system. · Minutes of September 18, 2002 Motion: To approve and sign (MacCaffrie-McCue) 4-0-1 with Selectman Amoruso abstaining because he was not present for the meeting of September 18, 2002 Passes · Streets to be accepted at Special Town Meeting Motion: To layout Cobbler Road, Holstein Road, and Ridgeview Lane as Town ways at the October 22, 2002 Special Town Meeting and to hold a public hearing on such intention on October 16,2002 at 8:15 p.m. (MacCaffrie-Amoruso) 5-0 Passes r Board of Selectmen Minutes of September 25, 2002 1 r · Drainlayer's License of Plainville Pump & Excavating, Inc., 77 School Street, Plainville - recommended for approval by Town Engineer John Sullivan Motion : To approve (Amoruso-McCue) 5-0 Passes · Application from Michael P. Sams for appointment to the Local Housing Partnership Mr. Sams noted the program has an admirable goal and said as a member of the Finance Committee the issue has come up a number of times. The program needs to be developed and he would like to be a part of it. Selectman McCue asked where he would draw the line on the use of public funds for the development of affordable housing. Mr. Sams said he needs to first see what all the goals are for the partnership. He believes some public money can be used, but where to draw the line would have to be determined based on the Town budget. He said he does not have a problem with public money being used for the benefit of Mansfield residents. Motion: To appoint Michael P. Sams to the Local Housing Partnership (MacCaffrie-Amoruso) 5-0 Passes (' . Application (approved by Police Chief) for the Recreation Department's annual Halloween Parade on Sunday, October 27th from 2-4 p.m. Motion : To approve (McCarter-Amoruso) 5-0 Passes · License Renewals - all have been reviewed and approved by the appropriate department heads Common Victualler Thomas Bissen d.b.a. Stefano's Pizza & Subs, 30 Chauncy Street · Approve (MacCaffrie-Amoruso) 5-0 Passes - Teixeira's Donuts of Mansfield Inc., 221 North Main Street · Approve (MacCaffrie-McCue) 5-0 Passes - Eric Quan d.b.a. Quan's Kitchen, 30 Chauncy Street · Approve (McCarter-Amoruso) 5-0 Passes - Sweet 'n Crafty, 34 North Main Street · Approve (McCue-Amoruso) 5-0 Passes - Regent Café, 394-396 North Main Street · Approve (Amoruso-McCue) 5-0 Passes r Board of Selectmen Minutes of September 25, 2002 2 r Auto Dealer - Mansfield Garage Inc. d.b.a. Mansfield Jeep Chrysler at 91 Chauncy Street (Class I) · Approve (McCarter-MacCaffrie) 5-0 Passes - Christopher G. Matoian d.b.a. Webb Auto, 1 Mansfield Avenue (Class II) · Approve (McCarter-Amoruso) 5-0 Passes - Times Past Automobiles Inc., 85 Copeland Drive (Class II) · Approve (McCarter-Amoruso) 5-0 Passes Weekday Music Machine - Regent Café, 394-396 North Main Street · Approve (McCue-Amoruso) 5-0 Passes Automatic Amusement Device - Regent Café, 394-396 North Main Street · Approve (Amoruso-McCue) 5-0 Passes Town Manaaer and Staff: r . Memorandum from Police Chief O'Neill re: revised parking violation and fine structure (those crossed off on ticket are being eliminated for the reasons stated in the memo; those being changed are highlighted on the memo. Selectman Amoruso noted his belief that overnight parking fines were going to be looked at. The Town Manager suggested the Chief come in and provide an explanation of when we will have those recommendations. Selectman Amoruso suggested the fine be addressed for parking during a snow emergency. It was unclear whether "impeding snow removal" at $15 was a sufficient fine for the offense. The issues were outstanding last year and have never been addressed by the Chief. Motion: To hold off another week and have the Chief in. (MacCaffrie-Amoruso) Chairman Donovan suggested we move forward because they need to get the tickets printed Vote: 5-0 Passes . Memorandum from Planning Board Chairman requesting the inclusion of a by-law change on the Special Town Meeting Warrant. The Article would affect the Schedule of Principal Use Regulations, changing Section 3.3, Residential Uses, r- 3.3.2 Two-Family Dwelling, 3.3.4 Multiple Residence, and 3.3.5 Rowhouse, Board of Selectmen Minutes of September 25, 2002 3 r Townhouse from Special Permit uses in the Industrial 2 Zone to prohibited uses in the Industrial 2 Zone, south of Route 106, and to allow residential development at Rl density only. Motion: To place the article on the warrant (Amoruso-MacCaffrie) 5-0 Passes . Dog Complaint filed by Sherri and Rodney Gurnon - Order of Investigation needs to be signed by Selectmen and sent to the Animal Control Officer Motion: To sign the Order of Investigation (Amoruso-McCue) 5-0 Passes The notice of Public Hearing as it appeared in The Sun Chronicle on September 11, 2002 was read into the record. Motion: To open the public hearing at 8:03 p.m. (MacCaffrie-McCarter) 5-0 Passes DPW Director Lee Azinheira and Engineer Ralph Penney were present to discuss the r request for the storage of flammables at the DPW Facility Fuel Depot at 500 East Street. Mr. Azinheira explained that this request is for a modification of the license previously granted and is for the above-ground storage of up to 22,000 gallons of flammables comprised of 10,000 gallons of gasoline, 10,000 gallons of diesel, and 2,000 gallons of miscellaneous flammable liquids. Mr. Penney explained this is an amendment to an existing license and clarifies some paperwork that was altered at the last minute. Originally there was a license to store 25,000 gallons of flammable liquids. The Fire Department thought at that time if we exceeded 10,000 gallons per tank we had to get State approval. Local approval is sufficient for 10,000 gallons or less. We have two 10,000 gallon tanks, so all that is necessary is local approval. Previously the 2,000 gallons of miscellaneous flammable liquids was not included. This is cleaning up an oversight that occurred in the previous license. The Deputy Fire Chief has signed off on the license and has issued the permit. We are going from a total capacity of 14,000 in the past to 22,000 gallons. r-- Peter DeTrolio of Elm Street asked if the capacity of what we're storing will increase. Mr. Azinheira said the tanks are the same size. The various fluids used there were not being included. Mr. DeTrolio asked what kind of tanks are being used, noting its location right next to a riverbed. Mr. Penney stated it's not the Board of Selectmen Minutes of September 25, 2002 4 ('"' (' r- ideal location, but it's the best we have in Town. The two above-ground tanks are the best that can be bought and include numerous safety features. Mr. Penney explained them in detail, noting they are also double-walled tanks with alarms should any leakage occur. They are protected with a 36 inch high guardrail. The dispensing system is key-card coded and only the amount specified on the card can be dispensed. Mr. De Tro/io noted he thinks it' a foolish place to locate fuel tanks. Nobody disagreed, but noted the precautions being taken will prevent mishaps. There will also be four cameras with 30 days of footage. The potential for accidents is usually when the tanks are being filled. Deliveries are only being allowed during normal business hours so the deliveries can be monitored. George Dentino of Gladiola Terrace noted it's the future home of the Highway Department and Fire Department in accordance with the plan that was presented at one time. The Water Treatment plant will be behind that. He pointed out this is a permanent area for DPWoperations. Motion: To close the hearing at 8:17 p.m. (MacCaffrie-McCue) 5-0 Passes Motion: To approve the amended license (McCarter-McCue) 5-0 Passes The Notice of Public Hearing as it appeared in The Sun Chronicle on September 11, 2002, was read into the record by Clerk MacCaffrie. Motion: To open the public hearing at 8:18 p.m. MacCaffrie-Amoruso) 5-0 Passes Attorney Jeffrey Sankey and the applicant and proposed manager, Robert F. Langton, Jr., were present to discuss the application for the transfer of the license and future plans for Tedeschi's. Mr. Sankey noted it's his privilege to introduce Mr. Langton as the newest member of the Mansfield business community. He outlined Mr. Langton's involvement in the community and referred to his character references. Mr. Langton will be taking over the operation on Monday. He has purchased the franchise and the existing license is being transferred. He has worked for Tedeschi's as a field supervisor for a number of years. The employees are good and will be trusted to continue. He hopes to upgrade the store over time, but sees no radical changes taking place. Board of Selectmen Minutes of September 25, 2002 5 r Motion: To close the public hearing at 8:24 p.m. (MacCaffrie-McCue) 5-0 Passes Motion: To approve the transfer of the Wine and Malt Package Store license to Robert F. Langton, Jr. (McCue-MacCaffrie) 5-0 Passes Town Counsel Robert S. Mangiaratti was present to prosecute the allegations of the Mansfield Police Department that the sale of alcohol to a person under twenty-one years of age occurred on July 25, 2002 at The Store, 213 South Main Street, in violation of M.G.L. Chapter 138, Section 34. Attorney Arthur Pearlman was present to represent Kanku, Inc., doing business as The Store. Testifying on behalf of the Mansfield Police Department was Officer Thomas Connor. Motion: To open the hearing at 8:30 p.m. r (Amoruso-McCue) 5-0 Passes Attorney Mangiaratti noted the matter was brought to the Board's attention by the Police Department, believing the owner of The Store has violated the alcohol laws by serving persons under the age of 21. Officer Connor stated his name and said he's been employed for more than seven years by the Mansfield Police Department. He was assigned to an alcohol enforcement detail, in plain clothes and in a surveillance vehicle. His attention was drawn to a young man who appeared to be urinating at the edge of the wooded area. There were several young kids in a couple of cars and one exited the store with a 3D-pack of beer, walked over to one of the cars and motioned the driver to open the trunk, and then put the beer into the trunk of the car. The white vehicle pulled out and he approached it and identified himself, asking them to pull back into the parking lot. The driver's trunk was opened and she identified the person who had put the 3D-pack of beer in the car. The subject and three others in his car were cooperative. The identification of the person purchasing the beer indicated he was a minor and had in his possession a Massachusetts driver's license belonging to someone else. He admitted to using the license as identification to purchase the alcohol. Officer Hargdon was present at this point. Officer Connor went into The r Store and tried to explain the license situation to the man behind the counter but Board of Selectmen Minutes of September 25, 2002 6 encountered a language barrier. Sgt. Martin arrived and he too encountered r somewhat of a language barrier with the clerk at The Store. The clerk at The Store acknowledged that he had sold alcoholic beverages to the minor with the ID. The suspect, who was wearing a hat, stated he was not asked to remove it, nor was he asked for any backup identification. The person whose picture was on the ID was clearly not the person who was holding it. Attorney Pearlman noted the license did go through the scanner and came back okay. Attorney Mangiaratti noted a recent case in which an undercover police officer was staking out a package store suspected of selling to minors. The Court discussed such issues, noting the reliance on a Massachusetts license must be reasonable. There were differences in the appearance of the individual whose photo was on the license and the person holding it, and the Court upheld the suspension of Murray Liquors because their effort was not reasonable. In the case of The Store, the license was also torn apart and taped back together and it would be reasonable to assume the clerk would make further inquiries as to the identification. Selectman McCue asked if it's usual to scan a license and not look at the person. He asked if this is something a person would learn in TIPS training. The Police Department does not feel the licensee was adequately careful in determining the identity and age of the person presenting the identification. (' Selectman McCarter asked if the individual who served the alcohol is TIPS trained and noted his understanding that a damaged license is not supposed to be accepted as identification. Attorney Pearlman noted he has not been challenging the charge, because he is not denying there was a problem. As a policy, the store owner and manager are TIPS trained. When he told the owner what had happened, he was very upset and he believes there was something wrong. The person will be TIPS trained. He noted The Store has operated for two years and has not had a problem prior to this. There' s no doubt that the clerk should have looked at the person and should have known it was not the person on the license. He suggested this was a "brain cramp" and if such a situation occurs again, the person will no longer be working there. He noted they're admitting something was wrong and there was a mistake made. There has never been a problem and the establishment is not known as a place to go to if you want to buy alcohol and are underaged. Attorney Mangiaratti noted Counsel had expressed their willingness to cooperate earlier in the day. Selectman MacCaffrie asked if the parking lot is visible from the clerk's station in the store. It is not currently. At the request of Selectman McCarter, Attorney Pearlman spoke further about the scanner, noting the clerk involved that night has been there for a year and has never had a problem. It was questioned as to why he had not been TIPS trained. He will be and has been told r that any future violation will result in the termination of his employment there. Board of Selectmen Minutes of September 25, 2002 7 Officer Connor stated the case has not been resolved with the Court. The r individuals were all from Braintree and were heading to a concert at the Tweeter Center, where they were also asked to leave for being in possession of alcohol. Officer Connor noted his relationship with young people in Mansfield and stated he has never heard anything about The Store being a place for minors to go to purchase alcohol. Attorney Mangiaratti noted the Board can issue a written warning, suspend or revoke the license. He reported that he spoke to Chief O'Neill and the Chief is committed to preventing the sale of alcohol to minors and believes this is a serious offense. Motion: To close the hearing at 8:55 p.m. (MacCaffrie-Amoruso) 5-0 Passes Selectman MacCaffrie noted it's a serious offense. Motion: To find there is a violation (MacCaffrie-McCue) 5-0 Passes Motion: To impose a thirty day suspension (MacCaffrie-no second) (- Selectman McCarter noted some time is in order and it is an egregious offense. He noted the importance of sending a message to owners of establishments that it's important to check identification. Motion: To impose a two-week license suspension (McCarter-MacCaffrie, for discussion) Selectman Amoruso noted he has mixed feelings; however there is a significant age difference when a 17 year old is buying alcohol with a 26-year old's license. It suggests to him that this is something that is obvious whether a person is TIPS trained or not. Selectmen McCue stated he has seen a number of these offenses since he's been on the Board and feels it's incumbent upon the Selectmen to send a message that we're very serious about enforcing alcohol regulations--particularly the sale of alcohol to minors. He noted at this point there has been no record of prior violations; however, the license was clearly damaged and should not have been accepted. He said he would therefore support a one week suspension. Chairman Donovan passed the gavel to Selectman McCue and asked how long the r-- person has been licensed. (two years) Board of Selectmen Minutes of September 25, 2002 8 r Motion: To amend the suspension to one week (Donovan-McCue) Selectman McCarter noted they did not meet their obligation in this instance. Selectman MacCaffrie noted the license was not acceptable to take as proof of age and the person's picture was not even close to the appearance of the person using it. If the license had been undamaged and they looked somewhat alike, he could go along with one week, but this wasn't even close. Selectman Amoruso said he's been in favor of giving greater penalties than they've had in the past. Selectman Donovan noted he believes in progressive discipline. Selectman McCue noted he has a track record on prior action but feels in this instance one week is justified. He suggested one week is reasonable and passed the gavel to Selectman MacCaffrie and seconded Selectman Donovan's motion. Vote on Amendment: 3-2 (McCarter and MacCaffrie opposed) Passes Vote on Amended Motion to suspend the license for one week: 3-2 (McCarter and MacCaffrie opposed) Passes Motion: To impose the one-week suspension beginning October 14th at 12:01 a.m. through October 20th at 11:59 p.m. The license wl1/ be picked up by the Police Department at the close of business on October 131' and will be delivered to the Selectmen's Office the first business day thereafter (Tuesday, October 15'h) and r may be picked up by the license holder after 8:00 a.m. on Monday, October 2ft. (Amoruso-McCue) 3-2 with McCarter and MacCaffrie opposed Passes Town Counsel will prepare the decision. Attorney Pearlman stated his belief that the penalty was severe, particularly after this store has gone to the extent of purchasing the scanner. This was a mistake and he differed with it's being termed egregious. He felt the penalty was severe compared to the handling of other violations in town. Selectmen disagreed, noting this license was damaged and should never have been accepted. Moving on to another matter, Attorney Mangiaratti then discussed paperwork that will be sent to the Town Manager regarding the land dispute between two private individuals. A t the last minute it was found that a betterment was being pa/ä by the new owner. The Town is therefore named as a party, but only as a stakeholder. The pleadings wl1/ be amended and the papers will be sent for the Selectmen's signatures, with further explanation. He noted the person who purchased the property is subject to the lien and has been paying it. He will provide a cover letter with an explanation and suggested they take a vote on the matter when the r paperwork is received. Board of Selectmen Minutes of September 25, 2002 9 r The Town Manager reported: . In response to a question asked last week, our bond rating is A-I, which has been upgraded since Mr. Boucher has been Collector/Treasurer. Prior to that is was simply an A. . The Attorney General has approved the "Light Show" article. Selectman MacCaffrie noted there were amendments made to it and read the notice from the A ttorney General's office to the Town Clerk. He noted the asterisk that says "one time per permit, etc." that was amended on Town Meeting floor. The A ttorney General did not make any amendments, but rather approved the article as amended and approved at Town Meeting. There was a material defect that was cured with renotification. He recommended a fee be established for this type of Special Permit. The Town Planner has reviewed the matter and has recommended a fee of $385 which would be comparable to Special Permit fees in town. The property is existing and the use is temporary. If the Special Permit involved structures of a permanent nature, there would be additional r- charges per square foot. Selectman MacCaffrie asked who would be responsible for reviewing traffic issues. The Staff would, unless there was a problem with it--then we would go out and hire a traffic consultant. Selectman McCarter asked about Zoning Board Special Permit fees. He asked if it's comparable to other Special Permit fees. Town Manager D' Agostino noted we are in the process of advertising for a public hearing that would take place October 16th at 8:15 p.m. at the Selectmen's meeting. He stated we would obtain input from department heads as we do with other submissions and their recommendations will be provided. Selectman Amoruso noted his concern is that the Town doesn't incur any expenses beyond the amount of the fee. We will advertise immediately and set the fee later. If there is a need for a traffic study, the applicant will be required to bear the cost of it. Selectman MacCaffrie noted something with 10,000 cars going through should be required to provide a traffic study. Selectman McCue asked if we would reasonably expect to incur costs in subsequent years. Selectman McCarter said he would assume Mr. Burke 's number is correct. Motion: To establish the fee for the Special Permit before the Board of Selectman at $385, contingent upon verification that it's in line with Special Permit fees charged in similar situations. r' (McCarter-no second) Board of Selectmen Minutes of September 25, 2002 10 r - Selectman Amoruso said he would support the motion if it included ''and cover the costs involved in processing the application. " - Selectman MacCaffrie asked what if we have something different than the Light Show--that's not the same. - Selectman McCarter noted it is based on what we charge other businesses requiring a Special Permit. - Selectman MacCaffrie stated we charge Special Permit parking lots far more than $385. - Selectman Amoruso noted he has faith in Shaun Burke, saying it's reasonable, but is concerned about other possible events that would cost significantly more to evaluate. If we were sure we could require the applicant to pay additional expenses, he would be more comfortable. Town Manager D 'Agostino pointed out this would be a base fee. Anything coming before the Board would be a temporary use. It was the consensus of the Board that there needs to be a vehicle to require the applicant to pay for additional costs that may be involved in the permitting process. Language must be provided. Motion: To establish an initial application fee of $385 with all other associated r costs necessary for the completion of the permit to be borne by the applicant. (Amoruso-McCue) 4-1 with Selectman MacCaffrie opposed Passes Procedures, rules and regulations will be established. Town Manager D' Agostino asked if the Board feels comfortable with the staff making a recommendation based on their review. Selectmen McCue and Amoruso said they are comfortable in this circumstance, but not sure about other events that may be of a temporary nature. Selectman MacCaffrie said we have to start somewhere and staff has reviewed and made recommendations in the past. There will also be public comment that may offer insight. The consensus was the review process exists and will continue. . The Special Town Meeting Warrant will be signed next week and the review will start. . Staff met today with persons along the School Street Bridge detour route and it was reported to be productive, with the placement and lettering of signs discussed. Eight out of eleven businesses were involved and we will continue to work with them. The responsibility for the signs rests with the contractor. Selectman Amoruso noted the sidewalk on the other bridge (Elm Street) has r already been torn up and closed, despite the fact there has been no Board of Selectmen Minutes of September 25, 2002 11 construction conference. The Town Manager will check with Lee Azinheira and (' John Sullivan on this matter. · Sent a letter to MassHighway District 5 requesting permanent signalization at Forbes Boulevard and West Street, noting the project will last 2-3 years and it would cause a public safety problem to remove the lights after that length of time. Selectman Amoruso noted we had a commitment from the prior Commissioner and should appeal if we don't get something in writing. · Have received our disbursement of Chapter 90 funds of approximately $380,000. There will be an article on the Special Town Meeting warrant authorizing disbursement. This is the figure that was received last year. It's not enough, but we will have DPW in to tell us what projects they will be using it for. · We are exploring the option of purchasing a software program to evaluate the condition of roads in an unbiased manner for all streets in the town. At some point we would look at an infrastructure bond to perform needed roadwork. We would first want a process in place to rate them objectively. A debt exclusion authorization of $3-$5 million would be sought. (' . With respect to Special Town Meeting, we expect 20-24 articles. Once Town Meeting is concluded we need to set a classification hearing so tax bills can be sent out as soon as possible. The auditors like us to have them out September 1st with payment due October 1st. We will be about one month behind. · The Early Retirement Incentive Workshop is scheduled for tomorrow evening. Union leaders will be present and the public is invited. The meeting will be televised. · The IDC and the Town have jointly sponsored a breakfast meeting with businesses in and out of the Mansfield area. He read the letter that was sent out regarding the meeting to be held at Town Hall at 8:00 a.m. on October 29th. The Planning Director will present an overview of the new bio-technical overlay district and a brochure was included in the mailing. We will need money in the fall for the printing and distribution of a new brochure. There is an article on the Special Town Meeting warrant for this purpose. · The Police Association Ball is October 4th at 6:00 p.m. and they need to know who will be attending. Selectman MacCaffrie indicated he would be attending. r Board of Selectmen Minutes of September 25, 2002 12 r · Reminded the Board of the ceremony for the rededication of the Fallen Firefighters Memorial on Sunday, October 6th, at 2:00 p.m. on South Common. Selectmen McCue: · Reported he has tried to work out a time for the Selectmen to meet with the individual involved with the Cambridge Development Commission, but it doesn't look like it will work out logistically. Selectmen MacCaffrie: · Thanked the Town Manager for the information provided about the field and noted he mentioned the sprinklers being on, but did not ask for additional information on that issue--Mr. Dentino was the one who did. The Town Manager went on to explain the use of the field and the conditions under which it was used Sod was put down to allow for earlier use, but it did not take. Everyone is off the field now and will remain off the field until the drainage is addressed · Asked if the issue with the Assessors has been resolved. A session will be scheduled by the Town Manager with the Assessors. r I · Went home last week disturbed about the handling of the employee pension withholding. He noted the indication was the Town was aware of it a year and a half ago. Chairman Donovan noted it's ongoing and is an in-house problem and should not be discussed publicly. Selectman MacCaffrie asked why the Selectmen were not made aware of it when the Town was first notified. Town Manager D 'Agostino noted he was not made aware of it untl1 a week and a half before he received notice from the Bristol County Retirement Board as an employee two weeks ago. Some people knew a year and a half ago when they questioned why their withholding was increased Selectman MacCaffrie asked why the Town didn't encourage employees to solve it with the Retirement Board instead of Richard Boucher trying to negotiate a zero settlement on their behalf. The Retirement Board recognizes the Town as part of the process. When it was brought to our attention following the audit, it was corrected Selectman MacCaffrie asked that the Board be notified in the future if an issue this serious should arise. Selectman McCarter stated his belief the Board should become involved in the matter to help the employees and asked if the Town shares any responsibility for the proper amount not being taken out. Chairman Donovan stated it's an in-house matter that shouldn't involve the Selectmen. It is the annuity portion the employee pays above the $30,000 (' threshold and there 's no way the Town can or w/Ï/ be billed for it. It w/Ï/ be Board of Selectmen Minutes of September 25, 2002 13 r deducted from the retiree 's payout upon retirement. It's to the employees' benefit to pay it. Selectman Amoruso: · Reported driving by Forbes Boulevard and Plymouth Street and said he believes there are more trailers collecting used appliances there than ever. They have electricity and he believes it's an illegal use. They are running a business out of them and the trailers appear to be increasing in numbers. He stated it is not what we would like to see the town have as a business. Town Manager D 'Agostino noted we've had the Bul1ding Department look into it and it may be that the bulk storage by-law needs to be beefed up. Selectman Amoruso noted this is an actual business that's being run out of the trailers and they are not affiliated with the business on the property. With the detour I that's what we're going to have people see. Selectman McCarter: · Asked if the Zoning Board of Appeals had adopted any regulations on Chapter 40B. Peter De Tro/io, who is on the Zoning Board, noted there are plans to do so at the next meeting, stating they have not met for the last month. Selectman McCarter noted we have two applications pending. Mr. De Tro/io stated they r have guidelines for Chapter 40B applications. Selectman McCue noted it's been mentioned that we're now looking at three applications and there may be more lining up. He reported Norton has been actively trying to deal with the issue and has invited other towns to join with them in challenging the regulations. He suggested it's time we join with the 40 other towns who are working with them to see what is happening with the initiative and try to take an area approach. Selectman Amoruso noted the Governor vetoed the legislation and the Legislature refused to override the veto which, he stated, is unconscionable. Discussion ensued as to whether all rental units in a Chapter 40B project count towards the 10% quota. The Town Manager will check on it further. · Asked about the lawsuit pending with our former trash collector who IS In receivership and suggested we ask Attorney Mangiaratti about the advisability of pursuing this. Selectman Donovan: · Noted he is not against Mr. Clemmey, as was reported in the paper when he brought up the cleanup. He's asking Mr. Ditchman to clean it up. (' Board of Selectmen Minutes of September 25, 2002 14 r Selectmen McCue: . Referred to an article in the newspaper today about our attempts to get a donation for a flagpole that leaves the impression that he was the only person instrumental in obtaining this. He noted he has had a role in it, but the Town Manager and Bob Bean have been very instrumental in the process. . Received an anonymous letter this week that said many nice things about the Board and the things that are done for the Town. He thanked the anonymous individual and said it would be nice if the letter had been signed. Motion: To close the Special Town Meeting Warrant (MacCaffrie-Amoruso) 5-0 Passes r Karl Clemmey of 750 South Main Street - said he liked the recommendation to have Questions and Comments later in the evening because now he can stay home and watch the meeting and come down at the appropriate time. He stated he was shocked at the recommendation regarding the MMAS permit fee and said it does not adequately take into account all the time that has already been spent on the project by the Town staff. He cited the special permit fees for various projects in which he's been involved, noting it's $385 plus 1.7 cents per square foot of land area. His Erin Centre project cost about $20,000 to file. He noted it will be $14- $15 per car to go into the Light Show. He pointed out the Special Permit regulations are 1 1/2 pages in the Zoning By-law and said everyone should be treated fair and equal. r Peter DeTrolio of Elm Street - said all summer long he's stayed away from the meetings and noted another summer has now gone by that he could not enjoy his property because of the noise from Tweeter Center. In doing some reading, he's learned there are many cities and states that do something about the noise. He noted it's not right that the Town Hall had to shut down its air conditioner to appease one person, yet the walls of his house have been vibrating during the last three concerts. People don't complain anymore because nobody does anything about it. Selectman MacCaffrie stated he was disappointed Mr. De Trolio had not called him, noting there were complaints from other areas that he followed up on. Mr. DeTrolio noted the noise gets progressively louder as the season goes on and there are many communities throughout the country that have put regulations in place. Board of Selectmen Minutes of September 25, 2002 15 r He asked the Board to do something about it. He also noted their job is to first protect the residents of the Town. George Dentino of Gladiola Terrace - noted there is a workshop tomorrow on the early retirement issue and he will try to attend. He noted the Selectmen have been discussing it for a number of months and have yet to vote on it. He also cited an article in the Globe three weeks ago noting already financially strapped towns are finding it very costly. He spoke of various towns that have elected not to participate in it. Mr. Dentino reviewed the costs reported for various cities and towns and noted 85'}'o of the towns have opted out or accepted the provisions with a cap. Selectman McCue noted only 20 towns have elected to participate and pointed out he made a motion a couple weeks ago not to participate. The Town Manager stated in his discussions he has indicated that if they were to approve it, there be some limits or caps put on the program. Mr. Dentino asked if we've calculated the costs for sick leave buy back, and other segments of the program. They have been and wJ1/ be avalÏable at the workshop tomorrow night. He asked about the percentage of healthcare costs paid by retirees. r Motion: To adjourn at 10:55 p.m. (McCarter-Amoruso) 5-0 Passes ftJ/ -z-/o 2- . Date of Approval r Board of Selectmen Minutes of September 25, 2002 16