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HomeMy WebLinkAboutmin brd of selectmen 05/22/02 :--: ~ ~ :,'~ " :-, \.} ~~ f) , . ~r- \r,r -" '- ~ ,-;_. ,..-" . J . 0' f._ Board of Selectmen Minutes of 'l")!: 1:1 - S ~.¡.¡ 9: 09 Eo.- ...-......' May 22, 2002 i , . IC-. '_D . ''':', ~ TS r-~' .' , I' \,.\ f,.';o ,.: i ,. I l¡') ET Present: Chairman Daniel Donovan; Clerk Steven W. MacCaffrie; Vice Chairman Michael W. McCue; Selectmen Louis P. Amoruso and David McCarter. 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. Andrew Hoy - Eagle Scout Project Andrew Hoy of Boy Scout Troop 55 was at the meeting to present and discuss his Eagle Scout Leadership Service Project with the Selectmen and to ask for their support of the project. He stated he's a 14 year old Boy Scout who has been in scouting for nine years. He's already earned 23 merit badges and he reviewed the requirements he must meet to become an Eagle Scout. Andrew listed his project goals, his meeting with the Town Manager, and his decision to build a permanent Town Message Board at the Highway Garage on Route 106, for which he showed the design and plan. The sign will replace the temporary sign with an aesthetically pleasing sign. He credited various staff members with whom he met in the planning and design of the sign. He is attempting to raise $5,000 for the construction of the sign and noted contributions would be welcome at Boy Scout Eagle Project, care of Northeastern Savings Bank, 71 Copeland Drive. He asked for the Selectmen's support on his variance application at the Zoning Board of Appeals (ZBA) meeting on June 4th. Town Manager D'Agostino reviewed his involvement with the various Eagle Scout projects, noting their positive impact on the community. He noted the excellence of the projects and the young people involved and offered as much in the way of resources as possible in assisting Andrew with the completion of the project. Selectmen also extended their congratulations to Andrew on his project. Motion: To support the project and provide any assistance possible (MacCaffrie-Amoruso) 5-0 Passes Motion: To write a letter of support for the project and send a delegation to the ZBA meeting (Amoruso-McCue) 5-0 Passes Board of Selectmen Minutes of May 22,2002 1 Legislative Update Mansfield's State Legislators and the Mansfield School Committee were present to discuss the status of recent legislation at the State House. Present were: Rep. Elizabeth Poirier; Rep. Michael Coppola; and Carol Nathan, District Director for Senator J 0 Ann Sprague. Rep. Poirier reported April tax collections were not good in the Commonwealth, requiring further adjustments, and noting even more drastic situations in other states throughout the country. She pointed out the Commonwealth's foresight in building reserves that will carry us through a portion of this crisis. She spoke of the grueling process undertaken to establish the budget, noting she was pleased with the results. Rep. Coppola noted the House budget is only the second step in a five step process and expressed his hope that the Senate will also restore some of the local aid funding. Senate President Birmingham believes he has support for the House budget. They do not yet know what the Governor will do with the revenue enhancements. He noted the figures at this point are not yet dependable and predicted that adjustments will have to be made in the Fall. The House is attempting to match last year's Chapter 90 funds and add to the Lottery assistance. Chapter 81 funds from gas taxes were put back into the budget. Carol Hanson from Senator Sprague's office stated the Legislature has authorized the Governor to go out and borrow the money with the objective being $150,000,000 per year for the next two years. For FY2002 that does not represent any increase. She's been able to borrow $100,000,000 and may be able to pull $50,000,000 to add to it. The goal for FY2003 is $150,000,000. Rep. Coppola noted the House Ways and Means Committee did not fund the DARE program and he and Rep. Poirier submitted amendments to restore it. In the end it was cut from $5.4 million cut to $2.2 million, with DARE and SAFE each getting $1.1 million. Rep. Poirier spoke of a lack of support for the DARE program in some areas of the state. Community Policing was also funded, with some restrictions being placed on the Quinn bill. Town Manager D'Agostino stated that in Mansfield the benefits of the Quinn bill were negotiated dependent on the funding. According to Rep. Coppola, there is talk of new additional people being excluded from the benefits of the program. Town Manager D'Agostino pointed out the problems that would be caused by that decision and asked that our representatives look into this further. He noted that would be counterproductive to the early retirement incentive. Board of Selectmen Minutes of May 22, 2002 2 Chairman Donovan asked if the early retirement bill will prevent some of the lay- offs that had been predicted. Rep. Coppola responded, noting the bill has been signed and will have to be adopted by cities and towns if they desire to do so. Rep. Poirier read the language made available to her on the Community Policing program and provided the Town Manger with a copy of it. It appears the program will not exclude new participants, but will become more restrictive. Effective May 1, 2003 new officers would have to meet a higher standard. Rep. Poirier also pointed out changes affecting libraries, noting if local funding falls below a minimum, State matching funds would not be given. The State has agreed to grant ten waivers at this point and may increase the number to twenty-five. She suggested that if this will be an issue for Mansfield, a waiver be applied for early. Town Manager D'Agostino said we are now at the minimum needed and it will be necessary to increase the amount of funding next year in order to qualify for matching funds. Rep. Poirier suggested not planning on additional State aid next year and to err on the side of caution. Most budgets were either cut or level funded this year. Selectman Donovan asked if Mansfield would be looked upon more favorably because we are a rapidly growing community. Rep. Poirier noted the benefits of the recently passed circuit breaker law. Rep. Poirier noted there is no new funding formula for education (Chapter 70) funds. She credited Transportation Secretary Sullivan for working tirelessly to double Chapter 90 funding. Selectman McCue asked about the status of the senior tax abatement program. Our representatives noted there has been so much time and attention devoted to establishing a budget, very little else has happened in the way of legislation. Revenue enhancement projects were discussed, with increases in capital gains taxes retroactive to January ¡st being considered. Concern was expressed for the small business person and the way they would be affected. Chairman Donovan asked about assistance for getting southbound ramp access at Route 495 and South Main Street to alleviate traffic in Mansfield and Norton from the Tweeter Center and the new TPC Golf Course. The legislators noted the Towns first have to show they are in agreement and then notify MassHighway. This was done, but there has been no response from MassHighway and the project has never appeared on the Transportation Improvement Plan (TIP). The information on what was done and the joint support letter will be provided to the legislators for their followup. Town Manager D'Agostino noted the discussion took place during discussions with the proposed water park. When that project went away, the Board of Selectmen Minutes of May 22, 2002 3 discussion stopped. Selectman McCue noted he and Selectman Kimball from Norton serve on the MPO board and will bring up the matter for further discussion. Selectman Amoruso expressed concern that the cuts made, especially from social service programs, were from areas in which people were least able to respond. Medicaid support for single-parent families, which is reportedly cut, he found most disturbing. Rep. Poirier noted the program has expanded annually and that rate of growth is not sustainable. She spoke of the emotional impact on all of them throughout the two weeks of deliberations. In speaking of the early retirement incentive, Town Manager D'Agostino noted the need to do an analysis to determine the effectiveness of the program for the Town. We have a potential of forty employees who would be eligible, noting not all of them would be interested, and the need to establish a cap and an eligibility criteria based on age and years of service. Town Manager D'Agostino returned to the issue of the southbound Route 495 ramp, noting the need disappeared with the elimination of the water park and the need reappearing based on tournament traffic projections for the TPC Golf Course. Selectman McCarter noted the need is there even with the Tweeter Center events. Selectman Donovan thanked the legislators for their work on our behalf. Rep. Poirier noted their gratitude for the working relationship they have with each other and Mansfield officials. Selectman McCue was assured that Rep. Kafka, who will be representing one precinct in Mansfield starting in the Fall, is in contact with them and will be working closely with them. Weekly Business . Executive Session Minutes of May 15, 2002 Motion: To approve but not release (McCarter-McCue) 5-0 Passes · Minutes of May 15, 2002 Motion: To approve with three corrections as noted (MacCaffrie-McCarter) 5-0 Passes . Warrant No. 48 in the amount of $3,006,253.52 Motion: To approve and sign (MacCaffrie-Amoruso) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Board of Selectmen Minutes of May 22, 2002 4 Licenses and Permits · Hackney Driver Application of Bethany Zimmer with Town Manager's recommendation for approval based on the CORI report and driving record Motion: To approve based on the recommendation of the Town Manager (MacCaffrie-McCarter) 5-0 Passes · Automatic Amusement Device License of Spiezio Enterprises Inc. dba Geno's Restaurant & Lounge at 407-409 North Main Street (has been reviewed and approved by appropriate department heads) Selectman McCarter asked what kind of devices they are: one video game and one pinball machine, or two video games-a total of two. They will not be poker games. Motion : To approve (MacCaffrie-McCarter) 4-0-1 with Selectman Amoruso abstaining Passes · Automatic Amusement Device License of Regent Café, Inc. at 394-396 North Main Street (has been reviewed and approved by appropriate department heads) Motion: MacCaffrie-McCarter 4-0-1 with Selectman Amoruso abstaining Passes Correspondence Town Manager and Staff · Memo from Shaun P. Burke, Director of Planning and Development, recommending the filing fee for a special permit application that was subsequently withdrawn be credited to the next application they file. Motion: To credit the filing fee to the next application fee (MacCaffrie-McCarter) 5-0 Passes Boards and Committees · Letter from H. Thomas French, Jr., Planning Board Chairman, re: Essex Street Conservation Land Parking Area -positive recommendation to allow unpaved parking on the site Board of Selectmen Minutes of May 22, 2002 5 Residents · Letter from Patrick Collins requesting permission to close Marshall Avenue from the corner of Smiley Avenue to the corner of Denwood Street from 3 to 7 p.m. on Sunday, June 23rd, for the annual neighborhood block party (Approval of Police Chief attached} Motion: To approve the closing of Smiley Avenue as requested with proper signage and approval of the Fire Department (MacCaffrie-McCue) 5-0 Passes Questions and Comments William Gerber of 362 Central Street - spoke of good financial news, noting Andrew Hoy now only needs $4,980 for the sign. Mr. Gerber also pledged to continue playing the lottery and losing to increase revenue to cities and towns. Mr. Gerber commended the Police Department on their handling of a recent drug bust they conducted in Mansfield. He said he's also corresponded with the Police Chief and Officer Lawson this week regarding a traffic/parking situation and noted they responded within 24 hours. He also noted trade papers are reporting the transfer from AT&T to AT&T Comcast may not be as sure a deal as we're being led to believe. AT&T stockholders must agree to manage the company until 2004 and can back out of the commitment at any time. He suggested Town Counsel be asked what would happen to the AT&T Comcast license. He noted severe problems in their billing system, with the conversion being motivated by the Comcast deal. The current provider of their billing services does not want to turn over the records to AT&T. In Jacksonville, FL, an attorney with a class action suit has expanded that to an employee who has testified she was forced to falsify customer service information. He noted the Town has the authority to audit their books and will be proposing to the Cable Access Board of Directors that they put up the money should the Town decide to do that. Selectman McCue asked how long the Selectmen would aI/ow the transfer to languish without receipt of a letter from Comcast authorizing Frank Foss to represent them in the negotiations. Mr. Gerber noted the 120 day time constraint would bring them to the proposed July 11th merger, at which time we would have a better handle on the negotiations between the two companies. Cable Access has submitted bills for the gas and maintenance of the van for $900 and have not received payment. There has been Board of Selectmen Minutes of May 22, 2002 6 correspondence from Mr. Foss regarding the authorization, but it is not satisfactory Motion: To send a letter to AT&T Broadband with the supporting documentation (MacCaffrie -McCue) 5-0 Passes TowirM~ag¢r·s.. Report ........:..;.:::..;...:::..:... The Town Manager reported: · We've discussed the early retirement issue. In lieu of Town Meeting approval, the Selectmen can make that approval. Retirement would be necessary between November 1st and December 31st of this year. The finance team will be evaluating the financial picture and may provide a recommendation as to the number of people who will be able to participate in the program. The information will then be run past the Finance Committee for their review. Selectman MacCaffrie noted Taunton turned down the program because they'd be losing too many key personnel and would not realize enough of a savings. The Town Manager reviewed some of the considerations to be analyzed in determining net savings through the program. He stated he expects to have a recommendation for the Board by the middle of June and noted his support of the program if it does not place a financial burden on the Town. · Addressed requests for information made by Selectman MacCaffrie. He suggested a chairmen's meeting be held, at which concerns raised regarding the Municipal Building Committee can be addressed. A Monday night was suggested for the meeting-June 17th at 7:30 p.m. · Apprised the Selectmen on consultant contracts, noting the staff is interested in entering into a $2800 contract to complete a reapplication of the State Revolving Fund (SRF) program, which has changed significantly from the time of the last application. Application assistance will be necessary to complete the application for the 2'Yo funding for the Wastewater Treatment Facility. Unless the application is structured properly, funding could be at risk. The possibility exists that the money will not be used if we become eligible in the next round of funding. Selectman McCue asked if the design is chiefly for a water treatment plant. The Town Manager replied that it is and the office space is also a part of the project. Having the authorization from Town Meeting to proceed moves the project forward. The funds would come from the Water Department. · Announced a quarterly meeting of the Regional Sewer Committee in Mansfield at 7:00 p.m. tomorrow. There are many issues on the agenda that could be Board of Selectmen Minutes of May 22, 2002 7 contentious. Staff has gone out and looked at some of the issues Foxboro and Norton would like to raise. The next meeting date suggested is September 12th. · Reported on the Request For Proposal (RFP) process with the airport, noting meeting with them and one of three members of the committee. Counsel was also present and he expressed his belief that issues need to be addressed and addressed quickly. The current RFP would never be accepted by the Inspector General's office. They've been working on the RFP for several months and he does not believe it's at a point that it should be released. He noted one member of the Advisory Committee was extremely sarcastic and argumentative and suggested the Town Manager was the problem in the RFP process. He noted the RFP needs to be moved to some conclusion, is comprehensive and complicated, and 45 days will be needed for a response. Brad Wi/Is was very disturbed because he was not notified of the meeting as our representative. Selectman Amoruso noted there was another member who was also not notified and stated there is something definitely wrong with the process. The Town Manager did not see that bringing the Airport Commission in for another meeting would serve any purpose. They are now on their fifth draft and it is still not acceptable to be sent out. He does not believe they have the authority to send it out on their own. Motion: The RFP not be sent out by the Airport Commission unless it's approved by the Town Manager, based on legal advice and the Home Rule Charter (McCarter-MacCaffrie) Selectman MacCaffrie noted it's a serious issue and the Airport Commission seems to be operating under a Charter that is different from the Town Charter. Selectman MacCaffrie asked if the RFP contains sufficient information that it could be expanded upon by staff. Selectman Amoruso noted it deals only with one quadrant the way it is currently written. Selectman MacCaffrie questioned the income producing component and noted the Town made it clear that they do not want to commit resources. The Town Manager said he was "threatened" by members of the group, with their making it known to him that they've gone through four or five Town Managers and he too can be replaced. Selectman McCue noted he usually refrains from discussions regarding boards we appointment, but felt the Board should participate in this based on the problems reported. Vote on Motion: 5-0 Passes Selectmen·s Old and . New J~ij$ÎnisšC;!'~;"':." '. Selectman MacCaffrie: Board of Selectmen Minutes of May 22, 2002 8 - thanked the Town Manager for getting him the information he requested Selectman McCue: - stated he would like to get a representative from Bridgewater State College in to discuss grant writing. He expressed hope that the School Committee and Linc Lynch would participate and said he will contact Dr. DeSantis at Bridgewater State. He will try for a meeting sometime in June and would like to include Shaun Burke in the meeting. - noted additional data is needed from the consultant regarding the resurfacing of Route 106 and pointed out we need to move on that. - Asked about the land next to Fire Station that is an eyesore, wondering if at some point in time we should consider an eminent domain taking. The Town Manager wil/ contact the owner of that property and wil/ also cal/ Mr. Ditchman regarding the other property again after vacation. He spoke of perhaps getting permission to clean up the North Main Street property and put a park bench there. Selectman McCarter: Asked that Shaun Burke be invited to an upcoming meeting to discuss Chapter 40B - Thanked Lou Andrews for putting the senior tax program info on the website for both the abatement program and work-off program. He suggested it could be funded through the enterprise account if they take it off their water or sewer bill. The Town Manager wil/ take a look at what we can do and come back with a staff proposal - Provided everyone with a copy of Boston's alcohol licensing policy; - Noted there are letters missing from the Town Hall sign on the Union Street side. - Asked if we're going to do diagonal parking on Old Colony Way in conjunction with the Train Station. There wi/I be a temporary displacement of 24 parking spaces when they remove the gas main. We are not offering to mitigate MBTA problems in their lot, but wi/I have engineering design some additional spaces for residents. Board of Selectmen Minutes of May 22, 2002 9 Selectman McCue: - Reminded the Board that SRPEDD will be voting on the TIP a week from tomorrow. Mansfield is scheduled to receive $2.2 million for the resurfacing of Route 106 in FY2004. - Said he would like to have Walter Jenkins in to see where the Industrial Development Commission is at with marketing the industrial park. The Town Manager reported a meeting has been held Based on recent expansion of the Gilbert Street substation and the additional well, we have 7 million gal/ons of water we can pump and have positioned ourselves very well. Selectman McCue state he would like to get involved with them and asked if we have a map that shows all town-owned property, noting he would like a copy of it. Selectman MacCaffrie: - Said on voting day he was approached by a resident of Cobb Street who had salient points about the need for a crosswalk at South Main and Cobb Streets. He suggested it would improve the situation with parking so close to corner at that location. He also noted signage and enforcement are needed, stating multiple patrols with ticketing, particularly on Saturday and Sunday mornings, would help to end the problem. - Reported DPW just finished Smiley/Aspen Avenue and he received a complaint of a "thump" dropped in the road. The pavement was ground down and let go. - Asked to have the brush cleared on the embankment of St. Mary's Cemetery. Selectmen Amoruso: Spoke of the need to take a look at making the road at the Train Station (Crocker Street) one way during the removal of gas line. Town Manager D'Agostino noted if that's the will of the Board, he needs to have departments start planning and letting people know. The Selectmen are Road Commissioners. Traffic will have to travel a short portion of North Main to Oakland to turn left onto Mansfield Road to get to the Train Station. We will need signage in advance. It was suggested we may want to schedule a public hearing before doing so and begin an education process. The Town Manager wil/ get the Police Department and DPW involved in the process. Adjournment Motion: To adjourn at 10:32 p.m. (Amoruso-McCue) 5-0 Passes Board of Selectmen Minutes of May 22, 2002 10 Board of Selectmen Minutes of May 22, 2002 11