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Board of Selectmen
Minutes of
September 11, 2002
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Present:
Chairman Daniel Donovan; Clerk Steven W. MacCaffrie; Vice Chairman
Michael W. McCue; Selectman David W. McCarter and Louis P.
Amoruso.
Town Manager John O. D'Agostino
The meeting was called to order at 6:00 p.m. due to the Selectmen's desire to
participate in the September 11th Remembrance activities later in the evening. The
Call to Order was followed by the Pledge of Allegiance to the Flag.
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. Warrant No. 10 was not ready due to computer problems and a handwritten
warrant for the payment of Payroll and Payroll related checks was presented.
Motion: To approve and sign the payroll warrant of $261,553.70 for the Town,
$27,298.75 for Electric, and $949,971.88 for Schools
(MacCaffrie-Amoruso) 4-0 with Selectman McCarter not present Passes
. Minutes of August 28, 2002
Motion: To approve and sign
(Amoruso-MacCaffrie) 4-0 with Selectman McCarter not present Passes
· Minutes of September 3, 2002 joint meeting of the Boards of
Selectmenl Assessors
page 3 quarterly billing was not agreed to. Minutes amended accordingly.
Motion: To approve as amended and sign
(Amoruso-MacCaffrie) 4-0-1 with Selectman McCue abstaining because he
was not present at the meeting Passes
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· Class II Auto Dealer License for Cottage Auto Sales at 127B North Main Street
- Memorandum of Bertram Cook, Inspector of Buildings/Zoning Enforcement
Officer, clarifying the matter. The license application was held previously due
to zoning concerns raised by Shaun Burke, Director of Planning and
Development.
Board of Selectmen Minutes of September 11, 2002
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Motion: To approve and sign
(MacCaffrie-McCarter) 5-0 Passes
Town Manager and Staff:
· Memorandum from Town Clerk Helen Christian regarding potential dates for the
Fall Special Town Meeting
Town Manager D'Agostino recommended setting a date as soon as possible so we
can set a tax rate and send out the tax bills.
October 2~ was determined to be the most realistic date
Motion: To set the meeting date for October 29, 2002
(MacCaffrie-McCue) Withdrawn
Selectmen discussion to hold a classification hearing the night following Special
Town Meeting was discussed.
Motion: To hold the meeting October 22, 2002
(MacCaffrie-McCarter) 5-0 Passes
. Memorandum from Deputy Fire Chief Robert P. Bellavance requesting the 1977
r American LaFrance Ladder truck housed at the North Main Street station be
declared surplus material and disposed of as determined appropriate
Selectmen McCarter suggested advertising it for bid. Discussion ensued as to
what a minimum bid would be, as we were getting $10,000-$12,000 if we traded
it in. Selectman Amoruso said he was willing to declare it surplus and see what
we could get as a bid, with the understanding that we don't have to accept the
bid if it's too low. Selectman Donovan said he thinks we should keep it as a
spare. Town Manager D'Agostino said we could reject all bids and re-advertise
if we weren't happy with the bids received. He noted the Selectmen do not
have to be involved in the process, other than declaring it surplus. The
requirements of procurement regulations were briefly reviewed.
Motion: To declare the ladder truck surplus property
(MacCaffrie-Amoruso)
Selectman Amoruso said he would like to see a minimum bid set at $25,000
because of it's value. Selectman Donovan stated he does not support declaring
it surplus. Selectman McCue suggested it would be sitting outside and
deteriorating if there is lack of space for it to be garaged. The Chief had
indicated previously that it would cost us more to operate it and keep it on the
road. Our intention was to either keep it or declare it as surplus property and
go to bid. The Town Manager supported the recommendation of Acting Chief
r Bellavance.
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Vote: 4-1 with Selectman Donovan opposed Passes
· Memorandum from DPW Director Lee Azinheira with additional revisions to the
Automotive/Heavy Equipment Technician job description previously approved at
the August 28th meeting.
Motion: To accept with changes as presented
(MacCaffrie-McCarter) 5-0 Passes
· Memorandum from Town Engineer John Sullivan re: Williams Street Bridge bid
advertisement
· Copy of Notice of Violation issued by Town Engineer John Sullivan to Stephen J.
Cerullo (C. J. Scooters), 16 Old Colony Way, relative to the Mansfield Sewer
Permit Regulations
Selectman Amoruso noted as Sewer Commissioners we can't let such a violation
just slip by. Selectman MacCaffrie suggested the work performed be TV
camera inspsected at the contractor or owner's expense. Discussion ensued as
to what action would be appropriate and Selectman Donovan suggested having
Mr. Sullivan in to see what action he would recommend. It was subsequently
agreed a memo from Mr. Sullivan would suffice. Selectman MacCaffrie noted
r that somewhere in the regulations there is something to address violations. If
this drainlayer comes to the Town to be licensed, the violation will be noted and
would weigh on the Board's decision in approving the license.
· Supplemental Tax Assessment - information was provided to the Selectmen. If
they decide to go forward with it, it would go on the ballot for the next Annual
Election to be decided by the voters.
Motion: To bring the matter forward to be put on the ballot at the next
Annual Election
(MacCaffrie-Amoruso)
Selectman McCue said he's not ready to make a decision on it at this time.
Selectman Amoruso withdrew his second to the motion. Town Manager D'Agostino
suggested the matter could be put on a future agenda. Motion died for lack of a
second and will be made an agenda item in the future.
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Selectman MacCaffrie read the notice of the need for someone to represent the
Town September 19th at 7:30 p.m. in the Borderland Park meeting room. Marianne
Wills is the Town's representative and this is an important meeting at which the
State wants to impose parking fees at Borderland. Ms. Wills will not be able to
attend the meeting. He also noted there is no regional sewer meeting tomorrow
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night. It has been cancelled due to lack of agenda items after being called by
Norton.
Selectman McCue asked if it's the intent of the Board to be present at the
ecumenical September 11th service at 7:00 p.m. Selectmen MacCaffrie and Amoruso
said he thought we would be conducting business until 8:00 p.m.
Motion: To adjourn at 6:50 p.m. and reconvene at the conclusion of the September
11th ceremonies.
(McCue-McCarter) 4-1 with Selectman MacCaffrie opposed
The meeting reconvened at 8:50 p.m.
The Town Manager reported:
· School Street Bridge Project - he and Selectman Amoruso attended the pre-
construction conference meeting in Taunton. He wanted to ensure that
Mass Highway and Commissioner Cogliano will leave the traffic lights at West
and Forbes permanently. He's submitted a letter on behalf of the Town to
District 5 and our Massachusetts delegation (Senator Sprague, Representative
Coppola and Representative Poirier) and CommissionerCogliano reminding them
that the lights should be a permanent installation. The detour for the project
will be instituted, and he's suggested those affected take a ride with staff to
point out where signage would be appropriate for their businesses. Selectman
Amoruso noted the construction of the School Street Bridge project is a two-
year process, to be followed by the Elm Street Bridge project, which makes the
need for signage even more important. Mr. D'Agostino noted they made their
opinions known to MassHighway regarding the fact that it would be completed in
2004, when we had been told previously it would be completed in 2003.
Selectman Amoruso noted the impact on the immediate neighbors with much
work being done at night when the trains are not running. We indicated staff
would travel the proposed detour route and they will make as many signs as we
need to provide access to the businesses in the area.
· Train Station bids are due to be opened on October 3rd at GA TRA. We've
scheduled a public hearing on making Crocker Street a one-way traffic pattern.
Staff has reviewed the plans and it appears we're all in agreement that it is the
safest way to proceed both during and following construction. It is currently a
safety hazard because the one way turns into two-way with little or no warning.
We may end up taking the Mass Glass parcel to shorten the distance traffic
must go to make the loop in order to reach the train station. Selectman
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McCarter asked about diagonal parking. Mr. D'Agostino noted he has no
responsibility to provide space for those other than residents and does not plan
to spend town money to replicate lost parking for non-residents. The parking we
provide will benefit residents. The project is funded 80% Federal and 20% by
the State. We are proposing to repair the old Town Hall Clock that will be
incorporated into the new train station when it is completed. We've met with
VHB and GATRA on a site plan review process we would like them to follow that,
which would give the Planning Board the opportunity to comment on the site
itself. They will be going back with the final plan to insure the Planning Board
has a level of comfort with the designs. Selectman MacCaffrie noted we'd have
no control over them other than the building permits and inspections required
by the Town. Town Manager D'Agostino stated we will monitor the project more
closely than others because of its magnitude and it's effect on our residents.
The MBT A is exempt from local inspections, but they will be pulling a local
permit. The middle part of the néw Train Station will include community
meeting room space. Selectman McCarter suggested we have Frank Gay come in
to address what will be done with the issue of parking, noting it seems to have
fallen by the wayside with the plans for the Station. The Planning Board would
like to see fewer parking spaces at the Station than the 1600 planned. It's an
issue we need to discuss collectively and come to an agreement on as to how we
will proceed with it. He noted we need to be cautious about building a regionai
train station in the middle of our downtown area.
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· Spoke of re-working the numbers on the early retirement program, noting it is
still an issue we need to discuss and it comes down to economic feasibility. The
numbers have changed, and he hopes to hold a workshop with staff to go into
the issues and costs in-depth and determine whether early retirement is
something we should do. From strictly a cost analysis, it is not going to save us
money. We have to maintain a level of service due to our growing population and
individuals retiring may have to be replaced by those with a higher level of
training. We would bring in a cadre of trained professionals that could provide
the level of service expected by the community. Selectman MacCaffrie noted
he's persisted because of his concern for former fellow firefighters and the
realization that the demands of the job take a toll on firefighters as they get
older and become more susceptible to injuries. When they go out on medicals,
we have to replace them with younger men. The experience the older
firefighters gained over the years, the younger firefighters have through the
training they receive. Richard Plaistowe a 30 year veteran of the Fire
Department was present to speak on the subject. He noted many of the current
firefighters have 5 weeks vacation. A new firefighter would have 1 week, with a
corresponding savings of $6500. They would not reach 5 weeks until 20 years.
Retiring firefighters are also eligible for Longevity, and at 20 or more years of
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service it's $500. New firefighters don't get longevity unti/5 years. Another
benefit received by retiring firefighters is the sick-leave buy-back of 7 days at
the end of the year if no sick leave is taken once 60 days of banked sick leave
is reached. Mr. Plaistowe noted the three items mentioned total just under
$9,000. The turnout gear for new firefighters is new and they're measured for
it. New members don't reach the top step in pay for 3-4 years. The difference
for someone coming on and a senior member is $12,000. Town Manager
D'Agostino invited Mr. Plaistowe to the workshop meeting. He also addressed
the sick leave buy-back, but noted at the time of retirement or death, you
receive 20% of your total accumulated sick time and that can amount to
$20,000. The Town has the option of hiring paramedics so they're trained when
they come on. Mr. D'Agostino noted new police coming on have a degree and are
eligible for Quinn bill benefits. Mr. Plaistowe noted there are six or eight
individuals in Police and Fire that will be retiring in the next two years.
Deferred retirement has a cost escalation in retirement benefits. If you retire
today, it's based on current salary. The cost to the town is the difference in
the retirement benefit earned that adds up over time. Selectman McCarter
noted the time it takes to hire new police and fire personnel through the CivJ1
Service process. It's not the same as putting an ad in the paper for a job
opening. In addition there's training time involved, which means filling shifts at
overtime rates. Mr. D'Agostino noted there are many other issues that are not
attributed strictly to savings. We need to be sure it's done properly.
Selectman Donovan pointed out it also opens up opportunities for local people.
We will have a workshop to enable everyone to have a good understanding of the
situation. The numbers will be provided everyone ahead of time. There are
many issues that have to be taken into consideration. Selectman McCue said he
would welcome Mr. Plaistowe's input at the workshop. The workshop was set for
Thursday, September 26th at 7:00 p.m.. Selectman MacCaffrie noted he stJ11
believes it could be an article at Town Meeting as a non-binding question to see
what the townspeople think on the issue. Staff and the Finance Committee will
be invited to the workshop. We're not going to recruit personnel to attend, but
it's important to hear the impact of the program from staff perspective. A
Group 1 representative will be encouraged to attend, and we'll notify the School
Department as well. This initiative was initially passed as a staff reduction bill,
designed primarily for large cities.
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Selectman MacCaffrie:
· Recalled an e-mail in early June about the piece of property from the State
that we let go because we weren't interested in it. At the same time it was
noted there are a couple of other parcels at School Street and Route 140. He
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asked if there's anything else coming up that could be used for the housing
projects we're trying to develop either through our Local Housing Partnership or
Habitat for Humanity. The parcels he remembers were at School Street and
Route 140. Mr. D'Agostino will check with Capital Assets Management. Mr.
D'Agostino spoke of the progress made with GIS and noted we w1'll soon be
ready to schedule a demonstration for the Board using actual parcels of land in
Mansfield.
· Asked if Dick Lewis has been out to follow-up on the issues raised in the Corps
of Engineers' report on the former Great Waves site. Mr. D'Agostino will check
on it. Selectman Donovan questioned why were doing it if the State's
responsible for it. Selectman MacCaffrie noted if they're not replicating the
wetlands properly, it's a reportable offense and under the terms of the permit
we have jurisdiction to make sure they're working in accordance with the plans.
If they're putting structures up there, we need to know about it. DEP is not
going to report that.
. Asked if we've contacted the State about the need for a left-hand turn at the
light at Routes 106 and 140. Mr. D'Agostino will check with Lee Azinheira.
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· Asked about the missing speed signs on Essex and M,II Streets. Mr. D'Agostino
noted if theyre not there, they will be soon. It takes time to get them made.
Selectman Donovan noted the same situation exists on GJ'lbert Street where the
signs are inconsistent.
. Reviewed the list of DPW overtime projects provided. He asked if the item on
fire alarm boxes was taking them down. Mr. D'Agostino noted it's a team effort
with the Light Department. Selectman MacCaffrie asked why that would be an
overtime item. It's work we cannot complete during the day. It's not a specially
appropriated project and is coming out of the DPWovertime account.
Selectman McCarter:
· Noted the bids came in on the Airport and were not very good. He asked if we
should consider running the Airport ourselves. Mr. D'Agostino noted the options
are to negotiate a better deal for the Town with the two bidders. Selectman
Amoruso questioned how that could be done, noting it could be re-bid, but not
negotiated. Mr. D'Agostino acknowledged the requirement for accepting or
rejecting the bids.
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· Asked if the ZBA has accepted the regulations for Chapter 40B, noting we have
an application for one project and the rumor mill has it there's another one on
the horizon.
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· Asked about the status of the Jordan Jackson roof. Mr. D'Agostino reported
we've rejected the finish coat they've applied They wanted to screen out the
pigments. We said no and we want it redone. We've hired a professional roof
person to watch the process and the consultant noticed the variation in the
paint. He rejected it and the contractor continued to use it. We filed a letter
and stated we would not accept it. He's now waiting for a new batch of paint
and the project is ongoing.
· Selectman Donovan passed the gavel to Vice Chairman McCue and spoke of the
complaints of people dumping things at the former Clemmey Tank property in
the middle of the night.
Motion: To have the Town clean up that property because it's a hazard and
asked that it be put on the warrant
(Donovan-McCarter)
Selectmen McCarter asked about the process, what the public safety hazards are,
how much it will cost, and where the owner stands. Town Manager D'Agostino
reported the last time we looked at the site it was determined it would cost
approximately $150,000 to clean it up. Selectmen Donovan noted it keeps getting
put off and it's not fair to the people who live in that area. Mr. D'Agostino outlined
r the process, noting if it's declared a public safety hazard and nothing is done, the
Town has the responsibility to clean it up. The status of the Homestead property
was discussed, noting we've never collected the money we spent on cleaning up that
property. We need to stop the dumping that's taking place at the Ditchman
property. Selectman MacCaffrie suggested we send Mr. Ditchman a letter
informing him of the complaints without declaring it a public safety hazard and
urging him to clean it up. Mr. D'Agostino will send BuJ1ding Inspector Bert Cook up
to assess the property and advise the Board what action should be taken.
Selectman Donovan said he would withdraw his motion and Mr. McCarter his second
if the matter can be handled in another way.
Selectman MacCaffrie:
· Asked about the COA/Library Memo regarding traffic control and parking. Mr.
D'Agostino said it w1'l/ be addressed on the Department Head level It was put in
the fHe simply to make the Board aware of the situation. It has been
forwarded to the Police Department for action.
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· Asked about the status of the letters from Ad Hoc Cable TV. Mr. D'Agostino
stated the issues in the letters from Bill Gerber have attempted to be
addressed. Some have already been.
· Inquired as to the letter from Mr. Clemmey regarding problem with Assessors.
Town Manager D'Agostino noted personnel issues are not a Selectmen matter
and it is being addressed in an appropriate manner.
· Reported Mark Renquist from the Mansfield Condominium Homeowners'
Association has provided him with the package he provided the previous board
with a year ago. Mr. D'Agostino said it needs to be determined if were going to
fund it. Selectman MacCaffrie noted the need to see each of the condo
association agreements and if we provide the service, there should be a
corresponding reduction in their condo fees. Selectman Amoruso noted the
people in the association appoint the members and they make the decisions.
Selectman MacCaffrie noted the need to know the terms of the agreement at
the time it was turned over to the owners by the developer and subsequently to
the association. If the covenants include private trash pickup and the condo
association accepted the covenants, they should continue to be responsible.
Selectman Amoruso suggested inviting them in to ask them to bring their
covenants and agreements and determine the status. They've already received a
r strong impression from the Town that we wJ1l provide trash pickup for them.
Selectman McCarter noted that back in the days the covenants were written it
was inexpensive to get rid of trash and we had a local landfill Times have
changed.
· Referred to a Memo in reading file from a woman upset about signage at the
Library regarding the work done by the DPW. He noted things are priced by
contractors because they have a prevailing wage they have to adhere to, which
makes some of them appear to be outrageously expensive. He asked that when
we address these issues we don't note that the Town can do things better and
cheaper than outrageously priced contractors. Mr. D'Agostino noted if there is
work that the DPW can do and we can complete it successfully, we will do the
work and the townspeople should be aware of it. Selectman MacCaffrie took
exception to the use of the term ·outrageously priced contractorsH, noting the
Town can only do the work for less because it costs less even at time and a half
because there's no need to pay prevailing wages.
Selectman McCue:
· Reported he has spoken with the Director of the Cambridge Redevelopment
Authority who has indicated his willingness to come in and talk to the Board. He
r would put forth his experience and expertise which we might benefit from.
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Selectmen acknowledged it would be worthwhile and Selectman McCue will see
about the individual's availability.
· Asked about the budget and projects being undertaken by the IDC. Mr.
D'Agostino reported on the projects they are currently involved with.
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Karl Clemmey of 750 South Main Street - noted 25 years ago when they were
building Route 140 he put up signs directing people to his business and was made to
take them down. He next commented on the 7 acres and 5 acres on either side of
Routes 140 and School Street and suggested a letter be written to Capital Asset
Management. Reported that yesterday they were supposed to be in Superior Court
on the Clemmey Tank process and it was postponed. If someone is seeing people
dumping, he wishes they'd get their registration and noted that same individual
when he redid his house dumped all their debris there. He also noted the Town of
Mansfield has collected $30,000/year for the last five years from that property.
He took exception to his properties being singled out and assured the Board they
would be cleaning up the Clemmey Tank property. He reported last week he was at
the supplemental tax assessments discussion and stated he has the best interests
of the Town at heart. He took exception to the figures used in that report and
stated his hope there would be lots of discussion on them because he has
information that would be helpful. He noted the $45,000 the head of the
Assessors came out with should be $145,000 and reviewed numerous home
improvements that have been done through the Building Department permitting
process that are not being captured for taxes. Mr. Clemmey said he wants to see
Chapter 603 implemented and he showed pictures of houses being sold for far more
than they were assessed for last year. He noted one was sold yesterday for
$700,000 with no steps and lawn and will come in at only 65% of the sales price. He
continued to identify houses throughout town that are occupied that are not being
fully taxed. He chastised the Board for not taking advantage of the useful
information he provides them and asked that they endorse his proposal, which
consisted of reading from an article, a copy of which he did not make available to
the Board. He took exception to the comparison made between Mansfield and
Hopkinton in the Assessors' presentation.
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Motion: To adjourn at 10:55 p.m.
(Amoruso-McCarter) 5-0 Passes
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Date of Approval
Board of Selectmen Minutes of September 11, 2002
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