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HomeMy WebLinkAboutmin brd of selectmen 08/14/02 ,.,""~.,~ t ',/'-' D ¡\['_:...Cli ¡'j .' (',!"'-\'"'C "<. .) ,"- 1- l.t:>._ r Board of Selectmen Minutes of August 14, 2002 """'''1''-'''9 ~'!18'3t:: U'::': itiJl.,:) ¿. ¡.;¡¡' . ;) ¡ t,; , F¡ELD H,., Ss I'~ (j'jIU<:.t"TTS t, ". ,",,, .. -.J L.. 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 7:30 p.m., followed by the Pledge of Allegiance to the flag. . Warrant No. 05 in the amount of $1,623,254.87 Motion: To approve warrant, already signed (MacCaffrie-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes r . Warrant No. 06 in the amount of $869,048.16 Motion: To approve warrant, already signed (MacCaffrie-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Warrant No. 07 in the amount of $3,208,123.50 Motion: To approve and sign (MacCaffrie-Amoruso) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Executive Session Minutes of July 24, 2002 Motion: To approve and sign - release when all documents are signed (MacCaffrie-Amoruso) 5-0 Passes · Open Session Minutes of July 24, 2002 Motion: To approve as amended and sign (MacCaffrie-McCarter) 5-0 Passes r · Warrant for State Primary Election to be held in the Mansfield High School gymnasium on September 17, 2002, with the polls to be open from 7:00 a.m. to 8:00 p.m. Board of Selectmen Minutes of August 14, 2002 1 r Motion: To sign (MacCaffrie-McCarter) 5-0 Passes · Application for ne~ Class II Auto Dealer License for Kenneth Picciandra dba Cottage Auto Sales at 127B North Main Street (see comments of Planning Director) Motion: Refer application to Planning Board prior to signing (MacCaffrie-McCue) 5-0 Passes · Application for One Day Beer and Wine License at Tri County Beagle Club, August 17, 2002 from 12:00 p.m. to 11:00 p.m. - School Street (approved by all necessary parties) - Selectmen Donovan disclosed his membership in the Beagle Club Motion : To approve (MacCaffrie-Amoruso) 5-0 Passes r · Application for Parade Permit on September 11, 2002 for participants in service commemorating September 11th at the Congregational Church to hold a candlelight procession across West Street and over to the South Common at approximately 8:00 p.m. Motion: To approve (McCarter-McCue) 5-0 Passes Discussion ensued as to the Selectmen's participation in the commemorative service and the logistics involved because there is also a Selectmen's meeting that evening. They indicated their desire to participate and will explore ways to do so. · Drainlayer's License recommended for approval by Town Engineer John Sullivan foxboro Transport Inc., 445 Walpole Street, Norwood Motion: To approve (Amoruso-MacCaffrie) 5-0 Passes r Applications were received for appointments to the Cable Access Board of Directors and the MBT A Advisory Board. Board of Selectmen Minutes of August 14, 2002 2 r Andrew D. Morrison. .Jr. was present to meet with the Board. He moved to Mansfield in December of last year and has begun to attend their meetings. He believes serving in this capacity would be a good way to get involved in the community and said he works in Boston as a senior technical operations manager. Motion: To appoint Andrew D. Morrison, Jr., of 312 West Street to the Cable Access Board of Directors for a term ending April 1, 2005 (MacCaffrie-Amoruso) 5-0 Passes Motion: To appoint Kevin J. Doyle of 35 fruit Street to the MBTA Advisory Board (McCue-MacCaffrie) 5-0 Passes Town Manager and Staff: r · Memorandum from Police Lt. George figueredo re: Tweeter Center curfew violation It was noted the concert started 20 minutes late because of technical problems and ended 18 minutes late. Motion: To send Tweeter Center a letter notifying them of a hearing and their right to pay the fine of $.25 per attendee in lieu of a hearing and to provide certified attendance figures (Amoruso-MacCaffrie) 5-0 Passes · Memorandum from Town Clerk Helen Christian requesting vote to appoint election workers for a one year term beginning September 1, 2002. Motion: To appoint the election workers as listed on Ms. Christian's memorandum of August 7, 2002 for a one-year term beginning September 1, 2002 (MacCaffrie-McCarter) 5-0 Passes · Memorandum from Water Operations ,Manager Kurt Gaffney recommending approval of a new water connection for 905 South Main Street Motion : To approve (Amoruso-McCue) 5-0 Passes r · Memorandum from Water Operations Manager Kurt Gaffney recommending approval of a water connection at 24-26 North Main Street Selectman MacCaffrie questioned how a 2 inch main was going to support a 4 inch fire service - hold for later in the meeting when Mr. Gaffney is present Board of Selectmen Minutes of August 14, 2002 3 r · Memorandum from DPW Director Lee Azinheira - Quarterly Capital Projects Status Update and Overtime Information Selectman MacCaffrie extended his thanks and noted he'd have some questions · Copy of memorandum dated August 1st from Health Agent Scott Leite to C. J. Scooters regarding lack of progress on work to the food preparation area · Copy of letter dated August 7th from Health Agent Scott Leite to Stephen J. Cerullo of C. J. Scooters regarding lack of progress and giving him 60 days to complete the food preparation area Selectmen noted it is disturbing that there continues to be a need for these letters and noted the 60 day notice given. Residents: r · Letter from John Spiezio requesting the old Pratt Street and North Main Street street signs when they are replaced with new ones. The suggestion was made that we have a policy in place in case we run into a situation where more than one person wants them. It was agreed to give them to Mr. Spiezio as requested The question also came up regarding the disposition of the old fire alarm boxes and the fact that no po/icy was ever created Townspeople had been told they would have an opportunity to obtain them. Motion: Selectmen offer small items to townspeople on a first-come, first- served basis prior to disposition , (MacCaffrie-no second) Town Manager D'Agostino said he would have staff develop a policy. . Letter from Keith A. Purrier requesting permission to hold the Billy Kelly Memorial 5K Road Race in the Mansfield Industrial Park on Sunday, November 17,2002 at 11:00 a.m. Motion : To approve (MacCaffrie-McCue) 5-0 Passes · E-mail from Eagle Scout candidate Andrew Hoy updating everyone on the status of and work schedule for the construction of the Town message board r Board of Selectmen Minutes of August 14, 2002 4 r The notice of Public Hearing as it appeared in The Sun Chronicle on .July 31. 2002 was read by the Clerk. Motion: To open the public hearing at 8:00 p.m. (MacCaffrie-McCue) 5-0 Passes Motion: To postpone the hearing for 10 minutes (Amoruso-McCarter) 5-0 Passes The hearing reconvened at 8:10 p.m. Chris Parella of Verizon explained they propose to put in two stub poles to support the existing poles. The stub poles will be slightly shorter than the existing poles. Gary D'Ambra, Light Department Line foreman, noted the law does not allow them to guy wire to trees any longer. The Airport had a problem with one 40 foot pole and their concerns will be accommodated by keeping it at 35 feet. He noted it's a continuation of the work being done in the area. Selectman McCue asked if there will be an increase in the number of wires. There will not be additional wires, but they will be larger. There will be no road closure involved. r Howard fiske of the Airport Commission noted they did not find out about the hearing until 48 hours ago. He asked that the approval be conditioned upon the consent of the Airport Commission, and they will be meeting tomorrow night. He asked that the 35 height be maintained and the poles be kept away from the fence. He noted the Airport Commission has a project to move the grass runway and Verizon has agreed to attach the burial of the cables to the agreement. Motion: To close the public hearing 8:27 p.m. (McCue-McCarter) 5-0 Motion: To approve the pole locations subject to a favorable vote from the Airport Commission (MacCaffrie-no second) Withdrawn (' Mr. D'Ambra noted the poles are in the public way and no vote is needed from the Airport Commission. Motion: To approve the pole locations with the understanding that any concerns of the Airport Commission will be addressed (Amoruso-MacCaffrie) Amendment: Subject to agreement with the private party (McCue-Amoruso) 5-0 Passes Board of Selectmen Minutes of August 14,2002 5 r Motion : To approve as amended (Amoruso-MacCaffrie) 5-0 Passes Jim Strickland of Sandy Hill Road was present with two scouts who are working on their merit badges. David Strickland and Ethan Meade are from Boy Scout Troop 51 and working on citizenship in community badges. Ethan will also be earning his communications badge at summer camp next week. Selectmen welcomed them to the meeting and wished them well. Representatives of the Hockomock YMCA were present to discuss their plans for the expansion of the Mansfield branch of the Y, with the intent to explore a skateboard park and community pool as part of the expansion. In attendance were: Ed Hurley, President of Hockomock YMCA; Tony Calcia, Vice President; Jay Barrows, Board of Directors (' Mr. Hurley noted they are here to follow-up on the commitment they made at the time of the renewal of their lease at the John Berry School on Balcom Street. They have previously agreed to provide staffing at a skateboard park if and when one is developed in Mansfield, and a commitment to the development of a community pool. Selectman McCarter asked if a site has been identified for a skateboard park. Mr. Hurley indicated they have had experience in developing skateboard parks at two of their facilities. Selectman McCue asked Mr. Hurley to speak to the issue of funding, noting two other YMCA's that have provided them. Mr. Hurley noted their commitment was to provide staffing, with the cost of construction borne by the Town or community. Discussion ensued as to the cost of some skateboard parks that have been developed recently. Mr. Barrows noted the wisdom in providing movable equipment so we do not end up with permanent structures if and when skateboarding is no longer a popular activity. r Town Manager D'Agostino suggested tonight's focus be on the fundraising efforts for the community pool. He also noted the group of youngsters who have been very persistent in their desire for a skateboard park and suggested the two leaders of that group be included in the planning in an advisory role. Board of Selectmen Minutes of August 14,2002 6 r There is already staffing off-site from Balcom Street. They currently have 150- 175 children involved in an after-school program at the Robinson School and swimming lessons are given at the Foxboro Marriott and other locations. He noted the site on East Street that has been suggested for the skateboard park is visible and located in a safe area in close proximity to the schools. As plans move forward with the fundraising and the development of a community pool, the YMCA will be reaching out for assistance with the planning. Mr. Barrows suggested the community is ripe for both a community pool and a skateboard park and said he is pleased with the number of volunteers who have stepped forward. Prospective members of the committee introduced themselves. They are: David Leary, 15 Van Gemert Drive - Park and Recreation Commission - very much in favor of the pool and skateboard park. Charlotte falkner, Park and Recreation - will be involved in the skateboard portion, with Dave involved in pool portion r Pat Burns, Creeden Street - wants to see indoor athletic facilities expanded. Has worked on projects at UMass Boston and would like to contribute his experience. frank Bennett, 54 Balcom Street - abutter to the Y and stated they're an excellent neighbor. Wants to see them expand and is aware that any expansion will affect the neighborhood. The committee hopes to begin meeting in September. We currently have ten applicants and hope to have an odd number. Selectman McCue suggested soliciting the involvement of a senior. Motion: To appoint Pat Burns, frank Bennett, Rose Bryant, Jay Barrows, Charlotte falkner, Dave Leary, Suzanne Kubick and Robert Goldman, and Bill Mahar- Housemaster at the Qualters Middle School if he is interested (McCarter-McCue) 5-0 Passes Council on Aging Director Gale Farrugia, Beverly Estes-Smargiassi, Project Manager of the Community Development Office, and Rahul Young, Coordinator of the Housing Rehabilitation Program introduced themselves. r Board of Selectmen Minutes of August 14, 2002 7 r Ms. Estes-Smargiassi stated they will be advertising and accepting applications for people to participate and there will be a lottery system used in choosing the projects to be done. There are some applications that will be decided by the Advisory Board based on the criteria set forth by the program guidelines, and in some cases the 25 percent participation requirement will be waived. They will also use the Advisory Board to monitor the progress of the program and report back to the Board of Selectmen. Complaints or decisions made by the staff that are not resolved will be arbitrated by the Advisory Board also. r Mr. Young noted the most pressing issue is setting the date for the initial lottery for participation in the program. He outlined the timeline for the program, stating he hoped to hold the first meeting of the Advisory Committee within the next month. The Planning Board and fair Housing Committee will be choosing their members shortly. Ms. Estes-Smargiassi pointed out we are not eligible for a grant this time around, but will be in 2004. There will be a brief gap between the funding rounds, but there may be other sources of funding to cover that gap. Mr. Young will be contacting contractors who can meet the criteria and every job will be sent out for bid to all contractors on the list. Ms. Estes-Smargiassi explained the procedures used in the administration of the projects undertaken, noting the checks and balances in place. A bookkeeper and administrative assistant will be hired as part of the program, and they're working closing with the Council on Aging. Selectman McCue encouraged them to include as many Mansfield contractors as possible. There are 25 people on the list for services thus far and they stated their belief that we'll be able to accommodate 18-20. Position descriptions were presented for the temporary part-time positions to work in the office as bookkeeper and administrative assistant. Ms. Estes-Smargiassi noted there are State and federal records that must be kept and the positions are specified in the grant. The Position Description for Bookkeeper/Administrative Assistant was presented for the Selectmen's approval. They will be working in conjunction with the Town Accountant and Treasurer/Collector. The position will be 16-18 hours per week, with no benefits. The salary range is commensurate with the union contracts for this type of position. Motion: To approve the position description as outlined (MacCaffrie-McCarter) 5-0 Passes r The Housing Rehabilitation Program is funded through the Community Development Block Grant. There is a need to appoint an Advisory Committee comprised of the following: one representative from the fair Housing Committee; one representative Board of Selectmen Minutes of August 14, 2002 8 r from the Planning Board; one representative from the Zoning Board of Appeals (Jack Vultaggio); the Director of Social Services; the Director of the Housing Authority; and two citizens at large. Application for the two citizen positions have been received from Shirley MacPhee and Ed Tartufo, and the Town Manager recommended their appointment. Motion: To appoint Shirley MacPhee, Ed Tartufo, Michael forbes, Gale farrugia and Jack Vultaggio to serve on the Housing Rehabilitation Program for the term of the grant (18 months) (McCue-MacCaffrie) 5-0 Passes Mr. Gaffney was asked about the 2 inch water connection at 22-24 North Main Street serving the 6 inch fire service line. Mr. Gaffney noted we do not allow fire services off the main line. Motion: To approve the connection (McCue-McCarter) 5-0 Passes r Mr. Azinheira reviewed the history of the water ban and reported on the current water levels and consumption demands for July and the beginning of August. Based on these figures, he requested the Selectmen approve moving into Phase II of the water ban effective friday, August 16, 2002. The Phase II water ban will be odd- even watering from 6:00 a.m. to 8:00 a.m. Vegetable gardens would remain under Phase I restrictions. The last Phase II water ban was in 1999, when Phase II was hand-held hoses. The current water ban is being carefully monitored for compliance and they have issued 240 warning violations and 14-second violations with a $25 fine. Mr. Gaffney noted the Phase II water ban is being requested as a precaution due to the lack of rain. The fine schedule was read, as outlined in the policy. Motion: To move to the Phase II water ban beginning Friday, August 16th. (Amoruso-McCue) 5-0 Passes r Dennis Grady of the finance Committee was present to assist in the presentation of the information on the early retirement incentive program. Based on a July 17th memo with the attachment outlining the number of individuals in each category and their eligibility for early retirement, the cost exposure to the Town was determined. The exposure can be reduced by limiting the categories eligible and/or Board of Selectmen Minutes of August 14, 2002 9 f the number of years. The estimated costs were reviewed by limiting numbers and categories. The Board can decide they want to participate in the program and it would be the Town Manager's responsibility to determine how it would be administered to limit the exposure. The finance Committee met Tuesday night to review the program. Anyone of the scenarios would be a cost to the Town. financially they decided they could not support the enactment of the program. The decision was made based on the information presented that indicated no decrease in the level of services. The suggestion was made to rework the numbers based on figures with some positions not being filled upon the retirement of individuals within those positions. Mr. D'Agostino noted the Towns that save under this program are those which have a great many employees and can afford to run the program with reduced numbers. He noted that without further evaluation of workloads, he would not be comfortable making those assumptions. r Selectman McCue stated the Board is going down a dangerous path when they start determining staffing levels. It was noted that we cannot determine who the people are who will elect to retire, and it may not be the top positions that are vacated. Selectman McCue stated it would work in larger cities, but did not believe it would work in Mansfield because we don't have large numbers of staff. Selectman McCarter noted it doesn't make economic sense if we're not going to realize a savings and said he would have to agree with the finance Committee's position and not accept the provisions. Selectman McCarter suggested a hiring freeze be implemented; Mr. D'Agostino noted the need to replace department heads and stated he would recommend the program not be adopted under those restrictions. Town Manager D'Agostino pointed out he is not seeking a decision tonight, as this is the first time it's being presented to the Board. The suggestion was made to make the discussion an agenda item at the next meeting. Selectman MacCaffrie reiterated the comments offered by members of the Fire Department, noting that if we replace a firefighter with five weeks vacation with a new firefighter with two weeks vacation, that's three weeks of overtime savings to cover vacation time. r Mr. Grady noted that if we retire people in three years at their normal retirement age, we will only be paying them for their actual time served and not the additional five year incentive being offered now. It was pointed out that the list being used to determine the savings is not reliable because this is not a commitment to retire and people are on the list who may decide not to retire. Board of Selectmen Minutes of August 14,2002 10 r Town Manager D'Agostino said his responsibility is to provide the Selectmen with the information available, with the recommendation that the exposure be limited by reducing category and age eligibility. The Board did not feel they had sufficient information to make a decision and requested additional information on how the program would be funded. They generally agreed to stay open-minded and noted they need to hear more to make an intelligent, informed decision. The Town Manager also reported on: · the financial condition of the Town of Mansfield. He reviewed insurance expenses, noting the budget was based on assumptions. A 2010 increase in insurance was expected. It has been 5210 due to a combination of forces beyond our control, including September 11th and the decline of the stock market. We're looking at a $79,958 shortfall in the '03 budget which is not a concern, as it will be made up in revenue. The "cherry sheet" revenue figures increased by $495,000. There is a net revenue increase of $476,000 based on our estimates versus the actual revenue amounts received. On the expense side, there is $8,386 difference. The biggest issue facing the town is the reimbursement for charter schools which was eliminated in the Governor's budget. The $112,812 increase, plus the elimination of reimbursement results $296,318, resulting in a net increase in State aid of $171,490. r . The total loss in aid that we did not anticipate was $290,869 that we would have received from the State under charter school reimbursement. Mr. D'Agostino reported he believes we're going to meet our obligations. We have an additional variable of money that he's asked the Assessors to release from the Overlay Account of approximately $100,000 that will be applied to the budget. He recommended, based on the scenario presented, that we reimburse Stabilization and move forward in the fall with the balance of capital expenditures. . He also spoke of articles in the paper regarding the status of the Town Manager position while he was on vacation. He noted the variables he had to consider and based on the overwhelming amount of support he's received from individuals and groups in the community, it gives him an incentive to move forward and he is committed at this time to seek no other position other than Town Manager of Mansfield. He expressed his indebtedness to the seniors or the community and pledged his commitment to serve the community with the same dedication he had when he first stepped into the position. Selectmen expressed their delight that he will be continuing as Mansfield Town Manager. r I · the Town has hired a regional recycling coordinator through a State grant. Jonathan Kirschner will be based in Mansfield and working to develop and Board of Selectmen Minutes of August 14, 2002 11 r promote increased recycling in the towns of Mansfield, Foxboro, North Attleboro, Attleboro, Plainville, and Wrentham. We may have to put up approximately $2,500, which each participating community will do. . Underground conduit work on West Street will be entering its second phase and he reported on the bids for the work. Bids were opened today, with Paatsy Cavalieri Bros. Being the lowest responsible bidder. $750,000 was the estimate and the bid came in around $700,000 Motion: To award the bid (MacCaffrie-Amoruso) 5-0 Passes . The lot on North Main Street next the fire Station has been cleaned up through the efforts of the landowner. He wants to lease it to the Town, but not at a price we're willing to pay. · In an effort to get fair Housing subcommittee moving, he will be meeting with Judy Martone on August 28th regarding Local Housing Partnership. r Motion: To send a letter to the Zoning Board of Appeals urging them to adopt regulations for Chapter 40B projects within the next 30 days (McCarter-MacCaffrie) 5-0 Passes An abbreviated session of Selectmen's old and new business was held due to the approaching 11 p.m. meeting curfew. Chairman Donovan: · asked the Town Manager to look into reports he's had of people letting dogs run on new track and bicycles doing wheelies. He said the football team is also going across track wearing their spikes to go to the field. He said there are people who are willing to donate signs to alleviate the situation. The Town Manager will talk to the School Superintendent/School Committee regarding the matter. · Read a letter from Gale farrugia thanking Town employees for the work done at the COA/Library. Motion: To continue the meeting for an additional 5 minutes (McCue-MacCaffrie) 5-0 Passes r Clerk MacCaffrie: Board of Selectmen Minutes of August 14, 2002 12 r r r · Noted we need to act on how supplemental tax enforcement is being handled. The matter of interim assessments was first raised in April 1999 and was never brought forward to be adopted He stated he wants to know how it got overlooked and would like it looked into for discussion next meeting and put on next available ballot. Motion: To adjourn at 11:05 p.m. (Amoruso-MacCaffrie) 5-0 Passes f/ã/o¿ Date of Approval Board of Selectmen Minutes of August 14, 2002 13