HomeMy WebLinkAboutmin brd of selectmen 09/18/02
;"'\.1"
i. ' ~"'
:~ ' \"
q r~
!', II
F·F\C:t~
f
Board of Selectmen
n·-"; C"'~r'" ~r
Minutes of u¿ ;)Lr ~J)
September 18, 2002~"; :" L D
1"1 f\'S, S (\ C;~U~ETT 5
10: 09
Present:
Chairman Daniel Donovan; Clerk Steven W. MacCaffrie; Vice Chairman
Michael W. McCue; and Selectman David W. McCarter. Selectman
Amoruso was away on vacation and not present at the meeting.
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. 12 in the amount of $5,714,386.45
Motion: To approve and sign
(MacCaffrie-McCarter) 4-0 with Selectman McCarter abstaining from
Municipal Building Committee payroll Passes
r
· Minutes of September 11, 2002
Motion: To approve and sign
(MacCaffrie-McCue) 4-0 Passes
· Motion To open the Warrant for the October 22, 2002 Special Town Meeting
(MacCaffrie-McCarter) 4-0 Passes
Selectmen McCarter asked about the Capital Improvement Articles that
were postponed in the spring. Articles can be put on and taken off before
the warrant is signed, and can also be withdrawn on the floor of Town
Meeting if revenues will not support them. Items had been prioritized last
spring prior to the Annual Town Meeting and will be reviewed with regard to
their inclusion on this warrant. Those approved previously but not funded do
not have to be brought forward.
r
· Drainlayer's License of D. J. Moitoza Construction Co., Inc., 648 Church Street,
Raynham (recommended for approval by Town Engineer John Sullivan)
Motion: To approve
(MacCaffrie-McCarter) 4-0 Passes
Board of Selectmen Minutes of September 18, 2002
1
r
· Application from Marilyn Lewis for appointment to Local Housing Partnership
Motion: To appoint Marilyn Lewis as a citizen-at-Iarge to the Local Housing
Partnership
(MacCaffrie-McCue) 4-0 Passes
· Application from Robert V. Linney for appointment to Cable Access Board of
Directors
Mr. Linney was present to speak about his interest in being appointed. He's
been involved with Cable Access through Mansfield Cable Sports network and
has done programming for Cable Access. He is Navy veteran.
Motion: To appoint Robert V. Linney to the Cable Access Board of Directors
for a term ending April 1, 2004
(MacCaffrie-McCue) 4-0 Passes
('
Town ManaQer and Staff:
· Memorandum from Police Chief O'Neill re: revised parking violation and fine
structure
New ticket books are being ordered and there are some fees that need to be
changed Selectmen questioned the fine structure and asked for a comparison
between the old and new fines. Selectman MacCaffrie questioned whether the
Police Department can ticket in a private lot for a violation of handicapped
parking. It was believed they can because there is public access. Selectman
McCarter also asked that it be determined if they are part of the Town By-
laws.
· Memorandum from Town Engineer John D. Sullivan, Jr. re: resolution of sewer
permit violation at 16 Old Colony Way
It was noted the regulations do have enforcement provisions
Boards and Committees
r
· Letter from Fair Housing Committee Chairman Ron Webster with check for
$2,086.52 to be donated by Assist2Sell Brookside Properties to the Mansfield
Housing Partnership.
Board of Selectmen Minutes of September 18, 2002
2
r
Motion: To accept this check in the amount of $2,086.52 on an open-ended
basis to be used solely for the Mansfield Housing Partnership and to send Mr.
Webster a letter of thanks.
(MacCaffrie-McCue) 4-0 Passes
Selectman McCue suggested other real estate offices be contacted to see if
they would also be interested in doing this.
Town Manager D'Agostino noted the Town would be in line for the second round
of funding on the Community Development Block Grant program, but is not in a
position to do so because we have not yet spent any of the funds received in the
first round We are not yet geared up to start the second part of the program.
It's a Federal program administered by the State and the rules were changed.
They were posted on the internet, but nobody was notified of it..
Others
· Invitation to Policemen's Ball on Friday, October 4th at Mansfield Holiday Inn
r
"
· Letter from Tweeter Center with payment of fine in the amount of $924.35 for
curfew violation on August 22nd. Certified attendance figures also provided.
Selectmen McCarter asked that an article be drafted for the Special Town
Meeting Warrant to establish a separate account for these fines to be used for
the skateboard park. Town Manager D'Agostino noted there is a public
accounting of all funds coming in and going out.
· Letter from George Dentino requesting time on the Selectmen's agenda to
discuss various topics Chairman Donovan noted he will be on the agenda later in
the evening to discuss Questions and Comments and all other topics can be
handled through the Town Manager.
· Letter from Rick and Claudia Rys requesting that Cherry Street be closed for a
neighborhood block party on Saturday, October 5th from 2 - 7 p.m. The request
has been reviewed and approved by the Police and Fire Chiefs.
Motion: To approve with proper signage and emergency access provided
(MacCaffrie-McCue) 4-0 Passes
r
The Clerk read the Notice of Public Hearing as it appeared in The Sun-Chronicle on
September 4, 2002
Board of Selectmen Minutes of September 18, 2002
3
r
Motion: To open the hearing at 8:15 p.m. and continue to October 2.2002 at 8:00
p.m. because Verizon did not properly notify abutters.
(MacCaffrie-McCue) 4-0 Passes
The Clerk read the Notice of Public Hearing as it appeared in The Sun-Chronicle on
September 4, 2002 on the proposal to make Crocker Street one-way from the
Train Station to North Main Street.
Motion: To open the hearing at 8:15 p.m.
(MacCaffrie-McCue) 4-0 Passes
('
Town Engineer John Sullivan was in attendance to discuss the creation of a one-way
traffic pattern on Crocker Street coming from the Train Station to North Main
Street. Meetings have been held with the Police and Fire Departments, Planning
Director, and DPW Director and all agree that the current traffic pattern is
unsafe. It will require people dropping off someone at the train to travel an
additional 1,000 feet to make the loop or to walk from North Main Street. The
effective date will be the evening of September 30th and the area will be
adequately posted with one-way and do not enter signs and the placement of
barrels. Selectman McCue asked that a police detail be considered for safety
reasons. Selectman MacCaffrie suggested a police cruiser be parked there and if
they have to leave for an emergency call they can do so. Wooden barricades will be
in place. Selectman MacCaffrie suggested trucks will not be able to make the swing
to make the turn. A detailed map will be put up at the Train Station showing out-
of-town residents where to go in order to make the loop necessary to get to the
Train Station from North Main Street. To create a shorter loop next to MassGlass
would require a landtaking and is a possibility in the future.
Motion: To close the public hearing at 8:25 p.m.
(MacCaffrie-McCue) 4-0 Passes
Motion: To approve as recommended effective September 30,2002
(McCue-MacCaffrie) 4-0 Passes
School Superintendent John Moretti, School Committee Chairman Michael
Trowbridge, and former Rotary Secretary Chris Rappold, were present to address
the Board. The group was formed subsequent to the Columbine tragedy to discuss
ways to keep Mansfield youth safe and prevent anything like that happening here.
r
Board of Selectmen Minutes of September 18, 2002
4
r
Mr. Rappold noted visiting Columbine and being surprised at the upscale community
with million dollar homes surrounding Columbine High School. They met with Robin
MacDonald, formerly Executive Director of the Hockomock YMCA, and were
introduced to future Search. The result was an intensive two-day meeting to
discuss the future of the community. Mr. Rappold presented a 28-page report that
came out of the Future Search process. The conclusion was that we provide a safe,
happy place for our children to grow up and those in attendance became
"stakeholders." The project started out very general and was honed down to
specific areas of concern, with nine areas of focus. Each area contains themes and
action steps. He asked the Selectmen to read through the document presented and
schedule another meeting in approximately one month. He reported the process
identified the strengths of Mansfield and ways it could be improved. He also asked
that they consider the issues raised, noting most of the suggestions are pro-active
in nature. The Police and Fire Chiefs, as participants in the program, have already
received a copy of the document.
r
,
Selectman McCue mentioned Safe Neighbors and asked if they had been included in
this initiative. It was noted this took place almost two years ago, prior to the
formation of Safe Neighbors. Selectman McCue indicated groups such as Safe
Neighbors indicate there is a concern and a desire to do something in the
community to make it even more safe than it is.
Mr. Rappold explained their involvement within the School Department, local
churches, and non-profit organizations in Mansfield to establish a representative
cross-section of the Town and getting key people from each area to devote two
consecutive days to devote to the Future Search meeting. One theme that evolved
was the development of a community center.
Selectman McCarter noted the recent appointment of an Ad Hoc YMCA Strategic
Planning Committee and asked if this could be referred to them for further action.
Town Manager D'Agostino suggested they could become involved in this, but a
greater cross-section of the community would need to be included in this project.
Mr. Trowbridge noted the group made a community center the first link due to the
number and variety of stakeholders and the need that evolved for the seniors and
young people to connect. Healthcare, which is provided now at Town Hall on a
limited basis with blood pressure checks and inoculations, could also be provided in
a centralized community center. Selectman McCarter asked about the availability
of the building constructed by the Hillside Adult Daycare group on Branch Street.
r
Superintendent Moretti noted the Town of Harwich has just built a beautiful
community center across from the High School that houses various agencies in a
Board of Selectmen Minutes of September 18, 2002
5
r
very inclusive, comprehensive manner. Their Parks and Recreation Department
manages the community center and they get a great many participants from a broad
spectrum of the community. Mr. Moretti stated youth centers of the 1970's and
80's became problematic due to a lack of supervision. This model would link a large
variety of agencies in a comprehensive manner in a multi-generational setting. He
noted the work has been done in setting the direction and the Town Manager
suggested a committee appointed jointly by the Town and School Department be
established to form a five to ten year plan. Mr. Trowbridge stated the important
thing is that the project move forward and not just die due to lack of action.
Chairman Donovan thanked them and congratulated them on all their hard work and
noted the issue will be discussed further in a month or so after the Selectmen have
had an opportunity to review and digest the contents of the report presented.
r
The Town Manager reported:
· The Town of Mansfield is holding its first housing rehabilitation lottery
from applications submitted by noon tomorrow. The lottery is scheduled for
tomorrow afternoon at 2:00 p.m. in Room 3AB. The names of those who are
income eligible will be eligible for the drawing and income will be verified.
Once the eligibility is determined, the work requested will be assessed and
prioritized according to need. The lottery does not determine the priority
of the work to be done.
· Spoke of the memorandum from Town Engineer John Sullivan outlining the
detour route during the reconstruction of the School Street Bridge over the
next couple of years. West Street and Forbes Boulevard will be signalized
and MassHighway has been requested to leave signalization there
permanently. An effort will be made to put the information regarding the
route on cable.
r
· Senate Bill 2245 bond authorization was brought to the Selectmen's
attention which provides $200,000 with matching funds for the Route 106
underpass in Mansfield. This is in conjunction with the $750,000 that
Representative Frank is trying to get funded at the Federal level.
Selectmen McCue noted there was a sum of money put into the
Transportation Improvement Plan at the Southeastern Regional Planning and
Economic Development District (SRPEDD) meeting last month that was
agreed upon with Rep. Frank.
Board of Selectmen Minutes of September 18, 2002
6
r-
· We have hired a regional recycling coordinator through a grant and he would
like to have the individual appear before the Selectmen to discuss the
initiatives he will be taking. There is currently a gradual decline in the
amount of curbside recycling. Selectman McCarter asked if communities
with "pay as you throwN see an increase in recycling. It was noted there is
currently no level of enforcement. Clear plastic bags are used in some
communities, and if the bag contains recyclable materials it is not picked up.
Some communities regulate it through their by-laws.
r-
· We are anticipating the retirement of fire Chief Edward Sliney effective
November 11th and Deputy Fire Chief Bellavance will continue as Acting
Chief until a new chief is hired. Mr. D'Agostino noted in Springfield he had
used an assessment center process that works in conjunction with Civil
Service and noted it distances the selection process. It would be
approximately $8,500 to retain this service and he would like to place an
article on the Special Town Meeting warrant for this purpose. There are
currently only two individuals from within the department that have
obtained the necessary Civil Service qualifications for fire Chief. Selectman
McCarter noted it is the Town Manager's decision, but he personally would
like to hire from within if at all possible. Selectman MacCaffrie noted he
knows both gentlemen who are on the Civ/Ï Service list and has utmost
respect for them. They, like everyone else, have strengths and weaknesses
and we need to get the best person ava/Ïable. Mr. D'Agostino noted that
under the existing regulations there are options available because we don't
have three eligible candidates. We can encourage other individuals to meet
the requirements and increase the odds of hiring someone local, but with
only two candidates, it is unlikely we would be able to hire from within.
Within Civil Service regulations there is a provision for local preference.
Civil Service does not necessarily test all the skill sets that he as Town
Manager would want to see a manager possess. The grade given by the
assessment center process is recognized by Civil Service. The objectivity of
using an outside service was noted.
· Announced that on Friday at 11:45 a.m. the yearly luncheon for seniors will
be sponsored by the Light Department. They will also be offering safety
tips on the use of electricity. Selectmen Donovan and McCarter indicated
they will be attending.
r-
· Reviewed the status of action list items from last week's meeting. Train
issues relative to parking and the Lakeville-Middleboro line were discussed
briefly as to the anticipated impact on ridership from Mansfield. The Route
106 and North Main Street traffic signal will be upgraded in conjunction
Board of Selectmen Minutes of September 18, 2002
7
r
with the Train Station project, in addition to other signalization in the area.
He's also asked Bert Cook to take a look at the Ditchman property.
Selectman Donovan noted the number of young chl1dren in the neighborhood
where the Homestead property is located and suggested the possibl1ity of
bUIlding some recreation areas in that part of town if we can't get much for
the land by selling it.
Selectman McCue:
· Asked that an IDC article be put on the warrant as a placeholder requesting
funding for marketing to get the types of businesses we're looking for.
r
· Suggested moving forward on the vote regarding assessments that he asked
be delayed last week. He noted his concern that a supplemental assessment
would be a deterrent and has had his fears allayed. He suggested it could be
placed on the November ballot if agreed to by the Secretary of State. It
was noted there would not be sufficient time to educate people on the issue
and it could go forward with the next annual town election in May.
Motion: To place the adoption of Chapter 203 of the Acts of 1998
(Supplemental Tax Assessments) on the ballot at the next Annual Town
Election in May
(McCue-MacCaffrie) 4-0 Passes (The Town Clerk w/Ï/ be asked to
get the language.)
Selectman MacCaffrie:
· Noted there are 14 call boxes that need to be done on overtime because
they don't want to interrupt schools.
Selectman McCarter:
· Asked about the status of the Airport contract. A meeting has been
scheduled with the Airport Commission.
r
Selectman MacCaffrie:
· Asked what the Town's present bond rating is. Town Manager D'Agostino
said he think it is AA, but w/ÏI check.
Board of Selectmen Minutes of September 18, 2002
8
r
· On Sunday he had several phone calls about the lower field where the
sprinklers were on and we were going to get several more inches of rain
that day on a field already under water. Town Manager D'Agostino noted
the field is not supposed to be used yet. Selectman MacCaffrie stated
the field will never be able to be used when there is a significant amount
of rain. He said there was an inch to an inch and a half of water covering
it on Sunday at the 30 yard line looking north, left of center. Additional
drainage is being put in, which is why it's off-line. Were trying to get
DEP to sign off before June. Selectman McCarter noted Mr. Moretti's
warrant article for 500 seats at the new synthetic turf field and said
they are badly needed.
Selectman McCue:
· Spoke of posted meetings held at the High School prior to Town Meeting
and asked if there was any interest in holding a board meeting at some
point at the COA or another location at a time we don't usually meet to
make the meetings more accessible to people. It was agreed it would be
a good thing to do once in awhHe.
r
!
Selectman Donovan:
· Read letter from Karen Doucette requesting to run a telethon at the
October 2nd meeting for the Annual Breast Cancer Walk in which Town
Hall employees will be participating. Everyone was in agreement to
approve the request.
r
George Dentino, 2 Gladiola Terrace - said it has been brought to his attention that
for the past nine years the Town has not taken enough money from employees for
their pensions. He stated the Town has had this information for a year and a half,
the Town was unaware of it for nine years, and Bristol County took nine years to
pick it up. Chairman Donovan noted this came about back in 1985 with firefighters.
There was no mistake in the beginning, but they are directed by the Retirement
Board as to how much to put in. It's being handled in-house and as soon as it's
resolved we will announce it. Mr. Dentino noted that is irrelevant. Selectman
McCarter asked if he has documentation to that effect, as he's seen nothing about
the issue. Chairman Donovan noted the retirement Board did not do an audit for
nine years. Mr. D'Agostino noted the purpose of Mr. Dentino's discussion is to try
to point a finger of blame. The deduction started in 1985 when we began with a
set deduction. Each of the individuals affected has been notified by the
Retirement Board The Town has the responsibility to take out the appropriate
Board of Selectmen Minutes of September 18, 2002
9
r
amount. When the Town found out about it a year and a half ago, we started taking
out the proper amount. The Treasurer's Office continued to take out the same
amount as salaries increased The difference between the two amounts is the
amount owed We should have been more prudent, but the responsibility is between
the Retirement Board and the individual employee. The Retirement Board voted not
to forgive the amount, which we were made aware of three to four weeks ago.
Arrangements have been made to aI/ow employees to pay the amount due over a
year's time. This is a personnel issue that needs to be addressed as such and does
not need to be a topic of discussion at a Selectmen's meeting. Mr. Donovan noted
the retirees have met with the Retirement Board and have been told not to pay
anything yet.
Mr. Dentino questioned why the Town did not notify the employees for a year and a
half and why our auditors did not pick it up. Mr. Dentino also asked for a copy of
the agreement. Town Manager D'Agostino said he does not believe it's public
information, but will check with Town Counsel
r
Mr. Dentino then asked about the Memorial Park field that we're not being allowed
to use. Town Manager D'Agostino repeated it's offline and DEP will not sign off on
the order of conditions until there is proper vegetative growth. Mr. Dentino asked
if there was a resident engineer and if either of them signed off that it was done
according to the Orders of Condition. The Town Manager replied that he believes
it was signed off by Mr. Penney. Mr. Dentino asked who authorized the use of that
field to put our kids on it without a DEP signoff. The Town Manager noted DEP has
said it is safe to use from their perspective. They signed off on the proper
remediation. As far as the vegetative growth and how it became a usable field
without it is another manner. It was there and the field was used, but when DEP
came out, the vegetative growth was no longer there. The field is scheduled by
Park and Recreation and the Schools. Selectman McCarter asked if the Licensed
Site Professional had called the lack of vegetation to our attention. Selectman
MacCaffrie asked if it's a situation like when we asked people not to use the track
and they did anyway. The Town Manager noted we were short fields at that time
because the lower field was not being used Mr. Dentino stated the sprinkler
system went in after the sod, and using the ditchwitch on it was part of the
problem. Mr. D'Agostino stated he believes the sprinkler system went in prior to
the sod, but he w1'l/ check with Mike Ahern.
r
Mr. Dentino noted Questions and Comments has always been a staple of this
community and has always been done at the start of the meeting. Last week there
Board of Selectmen Minutes of September 18, 2002
10
r
were conflicting reports of when the meeting was starting and ending. When plans
are changed the night of the meeting it throws everyone off schedule. Selectman
McCue noted the point is understood, but it was his motion and the Board supported
it. Chairman Donovan noted it's a democratic process and that's the way it is. With
regard to Questions and Comments, if you can't come and listen to what's being
said, you don't have the right to participate in questions and comments. Mr. Dentino
noted the other thing wrong with Questions and Comments at the end of the night
is a great percentage of time you never get to it with an 11:00 p.m. curfew for
adjournment. Chairman Donovan noted the problem was we were getting to
Questions and Comments, but not getting to finish Town business and said as long
as he's Chairman, Questions and Comments wi'll be at the end of the meeting. Mr.
Donovan stated there would be no Questions and Comments if we reach 11:00 p.m.,
just as we often did not get to Town Manger's Report and Selectmen's Old and New
Business because we reached 11:00 p.m.
Chairman Donovan asked Selectman McCue if there was additional information from
Mike Coppola on Chapter 40B and the percentages. Selectman McCue said he'd be
getting additional information.
r
Town Manager D'Agostino stated the issue of retirement is between the employees
and the Retirement Board and should not be a public issue. He noted it's
unfortunate that some employees would go to a citizen to come before the Board
and point a finger at an individual.
Motion: To adjourn at 10:45 p.m.
(McCue-McCarter) 5-0 Passes
o/zr~2..-
, I
Date of Approval
r
Board of Selectmen Minutes of September 18, 2002
11