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HomeMy WebLinkAboutmin brd of selectmen 05/15/02 , "' ~.. f= ,i~: ~:~ ~ '¡,; ~"~ n ,-. ~-~. .': 11"1 Board of Selectmen Minutes of May 15, 2002 ",,' " , v ,.., ') f ¡. 8 c 9 l.''::' rl;,;, t. v ~:; :r:.:, ¡ :". : _: ¡ :J tel ~: C' r; . [': ~,'~' ~ T T S . \v.,. J . L" <.'" t Present: Chairman Louis P. Amoruso; Clerk Michael W. McCue; Selectmen David W. McCarter, Daniel Donovan and Steven W. MacCaffrie. Town Manager John O. D'Agostino The meeting was called to order at 7:00 p.m. Motion: To go into Executive Session for the purpose of discussing litigation and to return to Open Session at the conclusion of the discussion. (McCue-Donovan) Roll Call Vote: McCarter, aye; McCue, aye; Donovan, aye; MacCaffrie, aye; Amoruso, aye. All in favor Passes The meeting reconvened in Open Session at 7:40 p.m., followed by the Pledge of Allegiance to the Flag led by newly elected Selectman Steven MacCaffrie. Selectman Amoruso passed the gavel to Town Manager D'Agostino to carry out the reorganization of the Board of Selectmen. Town Manager D'Agostino publicly congratulated both Mr. Amoruso and Mr. MacCaffrie on their election to the Board of Selectmen. He noted he likes to work with the Board as a team on behalf of the Townspeople and offered his advice and assistance at any time. Nominations Selectman MacCaffrie nominated Selectman Amoruso as Chairman Selectman McCarter nominated Selectman Donovan as Chairman. Vote on Selectman Donovan's nomination: 4-1 with Selectman MacCaffrie opposed Selectman Donovan was declared Chairman. Chairman Donovan thanked the board and Selectman McCarter nominated Selectman McCue as Vice Chairman. Vote: 5-0 Selectman McCue was declared Vice Chairman. Selectman Amoruso nominated Selectman MacCaffrie as Clerk. Vote: 5-0 Selectman MacCaffrie was declared Clerk Board of Selectmen Minutes of May 15, 2002 1 Weekly Business . Warrant No. 47 in the amount of $2,306,076.53 Motion: To approve and sign (Amoruso-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes Licenses and Permits · Minutes of May 8, 2002 Motion : To approve (Amoruso-MCarter) 4-0-1 with Selectman MacCaffrie abstaining Passes · Amended Alcoholic Beverages License of Tahana, Inc. dba Tahana Restaurant (Change of corporate name approved by the Selectmen April 17th and by the ABCC May 13th) Motion: To sign (McCue-Amoruso) 5-0 Passes · One Day Beer and Wine License for Tri-County Beagle Club Field Trial and Pig Road on Saturday, May 25, 2002 from 12 noon to 11:00 p.m. Chairman Donovan disclosed he is a member of Tri-County Beagle Club Motion: To approve and sign contingent upon the payment of the interest owed on taxes in the amount of $23.34 (McCarter-Amoruso) 5-0 Passes · One Day Beer and Wine License for Tri-County Beagle Club for Field Trial and Chicken Barbeque on Sunday, May 26, 2002 from 12 noon to 7:00 p.m. Chairman Donovan again disclosed that he is a member of Tri-County Beagle Club Motion: To approve and sign contingent upon the payment of the interest owed on taxes in the amount of $23.34 (Amoruso-MacCaffrie) 5-0 Passes · Decision prepared by Town Counsel for the Chairman's signature on Regent Café hearing re: illegal gambling on licensed premises (to be reviewed and signed if it's okay) Board of Selectmen Minutes of May 15, 2002 2 · Decision prepared by Town Counsel for the Chairman's signature on Geno's Restaurant and Lounge re: illegal gambling on licenses premises (to be reviewed and signed if it's okay) Co~spondCì1Ce. Boards and Committees · Memo from Ron Webster, Sr., Chairman of Fair Housing Committee, regarding composition of Local Housing Partnership Town Manager D'Agostino noted this is information the Board has been waiting for. The memorandum was read and their recommendation was noted To support the recommendation (Amoruso-McCarter) 5-0 Passes The openings will put on cable and the Town website to make residents aware of the opportunity. Residents · Letter from Douglas Thatcher of 88 Franklin Street requesting a stop sign where Pineneedle Lane meets Franklin Street. Recommendation of DPW Director in support of request. Needs a vote of Board. Motion: To place stop sign pending approval by Police (MacCaffrie-Amoruso) 5-0 Passes . E-mail from Myles Bristowe requesting permission to close portions of roadways (from driveway of 149 High Street, around the corner onto Central Street and up to 49 Central Street (or up to Summer Street) for a neighborhood block party. Approval of Police and Fire attached Motion : To approve (McCarter-McCue) 5-0 Passes · Copy of letter from Andrew Tyriver regarding handling of an excise tax issue Town Manager D'Agostino believes the issue has been settled to Mr. Tyriver's satisfaction and the policy has been changed. Questions and Comments Board of Selectmen Minutes of May 15, 2002 3 Questions and "Comments .....:.::.,:..::.:.... Peter De Trolio, 496 Elm Street - thanked Selectmen Amoruso and MacCaffrie for running for election, congratulated them on their election, and said shame on the 11,000 people who didn't come out to vote. Spoke of last week he listening to two public hearings on gambling investigations in Mansfield and finding it curious that a police officer from another town stated he spent $30,000 on gambling during the operation for petty gambling on card games and football cards and he questioned why we'd spend $45,000 on such petty stuff instead of fixing roads or helping someone who can't buy food, or something beneficial to the Town. He noted those doing the gambling are over the age of 21 and know what they're doing. No one was sent to jailor fined, and the Board didn't find that anyone did anything major wrong. He expressed the opinion that it was a waste of money. Selectman MacCaffrie said he would find out where the funds came from (the State). The $15,000 was for 372 hours spent on the investigation at the local level We will find out more from the Chief Mr. DeTrolio stated he'd feel much different if it were a drug arrest rather than petty gambling. . . ..................... Verizon Pole Hearing -WareS!""at:::' Clerk MacCaffrie read the notice of public hearing as it appeared in the Sun Chronicle on April 24,2002. The hearing was called to order at 8:00 p.m. Christopher Parella was present to represent Verizon New England. Two new stub poles were requested to be placed as shown on the plan. Mr. Parella provided the certified mail cards from 28 of the 34 abutters notified. The project is similar to the Franklin Street project wherein the facilities on Ware Street are being upgraded and require proper support. The Light Department is putting wires on the poles and the stub poles are placed on the opposite side of the roadway, with a wire going across and pulled to allow the main poles to remain vertical. Selectmen McCue asked if this would include the addition of any additional wires. Only a support wire will be attached to the stub poles. Wiring going up is heavier than the existing wire, but there will not be additional wires. Necessary police details will be obtained and they are working in conjunction with the Mansfield Light Department. Board of Selectmen Minutes of May 15, 2002 4 The hearing was closed at 8:08 p.m. Motion: To grant the joint pole locations for Verizon New England, Inc. and Mansfield Municipal Electric Department as shown on the plan submitted. (Amoruso-McCue) 5-0 Passes Mansfield Housing Authority - Joint Appointment to Fill Vacancy The Mansfield Housing Authority was present to meet with the Selectmen for the purpose of filling a vacancy created by the resignation of Commissioner David Conley. According to the Mansfield Home Rule Charter, a vacancy in one of the elected seats shall be filled until the next annual election by a majority vote of a joint meeting of the remainder of the Housing Authority and Board of Selectmen. At the next Annual Municipal Election, the remainder of the unexpired term shall be filled by election. Mr. Conley's term expires with the 2004 Annual Municipal Election and needs to be filled by a joint appointment until the 2003 Annual Municipal Election. Present from the Housing Authority were Chairman Mary-Lou Cotton, Vice Chairman Beth Bruno Oberlander, Assistant Treasurer Edward F. Carl, and Commissioner Fred J. Barrows. Also present was Executive Director Michael Forbes. Applications for appointment to the Mansfield Housing Authority were received from Francis J. Sheaff of 46 Pratt Street and Douglas Murphy of 44 fox Street. Doug Murphy said he heard of the opening through a friend. He has lived in Town all his life, but has never gotten involved in town politics. He's just gone through a long illness with his elderly mother which increased his awareness of the needs of the elderly. He noted he sells real estate, stating Mansfield used to be a blue collar town and many of the older residents don't have 401K plans and are in need of affordable housing. He would like the opportunity to help them. Fran Sheaff noted he's also lived in Mansfield all his life and the town used to be much smaller. If the adults didn't help out, many of the activities would not have been possible. Those adults are now senior citizens and he feels an obligation to help them in return for all they've contributed. He stated he's on disability, lived in the public housing for two years, and noted Executive Director Mike Forbes was a big help in getting him housing. He feels he can work with the board and is concerned about the seniors. His experience has given him insight into some of the problems they are encountering and he would like to offer his ideas as to how the Board of Selectmen Minutes of May 15, 2002 5 housing can be improved when new units are constructed. He noted he has the time, saw the opening and applied. Selectman McCue noted Mr. Sheaff is also on the Historical Commission and asked if there would be a time conflict. Mr. Sheaff noted he has plenty of time to give. Selectman MacCaffrie asked Mr. Douglas if there would be a problem with Housing Authority infringing on his daily routine. Mr. Douglas noted he is free to set his schedule and come and go. He lives and works in town. Selectman McCarter asked if either of the candidates have specific ideas or goals for the Housing Authority. Mr. Murphy said he doesn't know what their problems are and Mr. Forbes appears to run a pretty tight ship. Mr. Sheaff noted he ran Springbrook Cemetery for eighteen years and has always done outside work. He pointed out when he lived in the housing all work was done as quickly as they possibly could. He said he would also get input from the seniors and would like to form an association for them. Mr. Barrows noted his appreciation for their interest and stated there is a long learning curve when it comes to housing. He asked their intentions on running to fill the vacancy when it comes up at the next Town election. Both candidates said they would run for election to the balance of the term. Mr. Murphy noted he's known Mr. Sheaff since he was a kid and they both acknowledged they felt comfortable if either of them were appointed. Ms. Oberlander asked Mr. Murphy if he oversees rental property in his business. Mr. Murphy said the do very little in the rental market, with some in Quincy and one in Norton. He is familiar with the rules and regulations regarding rental properties. Mr. Amoruso asked if they had recommendations on the adequacy of housing units in town. Mr. Sheaff noted the need for more handicapped and senior facilities. Mr. Murphy agreed, noting most of us will be living longer and there will be more older people and people in need. Mr. Forbes noted these are two excellent candidates and he could work well with either of them. Nominations: Douglas Murphy was nominated by Selectman McCarter, seconded by Commission Vice Chairman Oberlander. Francis Sheaff was nominated by Selectman MacCaffrie, seconded by Commissioner Barrows. Board of Selectmen Minutes of May 15, 2002 6 Vote: Mr. Sheaff received three votes (Barrows, McCue and MacCaffrie); Mr. Murphy received six votes (McCarter, Amoruso, Donovan, Cotton, Oberlander and Carl) Douglas Murphy was therefore appointed to fill an unexpired term on the Mansfield Housing Authority until the May 2003 Annual Town Election. Appointment of Selectmen's Representative to Southeastern Regional Planning and Economic Development District (SRPEDD) An application for reappointment to serve as Selectmen's representative to SRPEDD was received from Kevin J. Doyle of 35 Fruit Street, who has served as the Selectmen's representative for the past five months. Motion: To appoint Kevin J. Doyle as the Selectmen's SRPEDD representative for a one year term from May 29, 2002 through May 31, 2003. (Amoruso-McCue) 5-0 Passes Motion: To appoint Lee Azinheira as the Selectmen's delegate to SRPEDD's Joint Transportation Planning Group and John Sullivan as the alternate. (Amoruso-McCue) 5-0 Passes Ad Hoc Committee to Monitor Cable License Chairman Gary Crowell was present with Bill Gerber, Vincent Cutone, and Mike Healey. Mr. Crowell presented their objectives and asked the Board if they are on the right track. The mission statement and work plans were presented, a copy of which is attached to these minutes. Selectman Amoruso asked for individual input and advice. Mr. Crowell asked about the vehicle to be used for members getting individual input from Selectmen. They were advised to ask for time on the agenda. Mike Healey noted he is a member of the Ad Hoc Committee to Review the License and in that role would advise this committee of input he receives. Mr. Gerber noted they can be contacted in many ways: via e-mail tocablecommittee@mansfieldma.com.by telephone at 508-339-8049. or sending a message from the website with any problems or comments they would like to convey regarding the cable carrier. The Town Hall mailbox can also be utilized. Board of Selectmen Minutes of May 15, 2002 7 Selectman McCarter said he views the cable committees as the eyes and ears of the community regarding cable service and compliance issues. Chairman Donovan asked if we've ever received a letter authorizing Mr. Foss to represent ComCast. He sent a letter, but it was not what we requested. We want assurance that he is speaking for ComCast. The license transfer was approved contingent on the letter and therefore does not take effect until it is received. Mr. Gerber noted the Board had 120 days to approve or deny the transfer-60 days after the public hearing. He pointed out one of the issues it could have been denied on is demonstrated management ability. The numbers are required to be reported to Mansfield and the Commonwealth of Massachusetts, yet due to "an administrative error", they undercounted the number of subscribers by 1,000. If they can't count the number of subscribers and calculate the fee due, he'd question their ability to manage the company. Mr. Gerber noted they're making a lot of money in Mansfield and they're not going to shut off the cable service is the license is denied. They want the license transfer accomplished before they're willing to hand over a big chunk of change to AT&T for the rights. Selectman Amoruso indicated his take on Town Meeting vote is that residents would like to see another cable carrier, but don't want to spend the money to do so. Mr. Gerber noted Braintree Municipal is doing very well in taking AT&T's customers. Mr. Healey suggested his committee can help before the license is signed off. The work plans were then reviewed, with Mr. Crowell noting their progress. Mr. Gerber thanked Lou Costa, MIS Director, and Lou Andrews, who maintains the Town's website. Mr. D'Agostino noted the debt of gratitude owed Mr. Andrews for maintaining our website on a volunteer basis and noted the praise we've received on it. He stated the semi-annual meeting would have to be called by the Selectmen and coordinated. The Monthly Report to the Board was reviewed to determine what information the Board wishes to receive and what information is not necessary to them. He reported two telephone calls and six e-mails, with price and packaging being the concerns. Mr. Gerber noted the frustration in receiving complaints over which they have no control due to State and Federal regulations. Rates and programming make up the majority of complaints received. The information can be compiled and forwarded to the cable carrier. One licensing issue has been reported and recommended action given. Selectman Amoruso asked that the monthly report include repair service response and telephone customer service response time. Board of Selectmen Minutes of May 15, 2002 8 The question arose as to whether access issues were within the scope of their authority and it was determined they are. Mr. Gerber addressed the issue and Mr. Crowell spoke of the use of the phrase "substantially compliant" that has been brought to the attention of their committee. The Board will address the issues raised by the committee. If FCC regulations have made requirements null and void, they need to tell us that and the Access Corporation by-laws will be modified. Listed as issues were: lack of audio testing, provision of complaint forms with written reports within ten days of how reported problems have been solved, outstanding issues with the mobile studio with regard to reimbursement for bills submitted; the provision of equipment at no charge for parental control purposes; maintenance of the I-Net system; the return of the "borrowed" access channel. Mr. Gerber noted cable television channels brings $5-$25 for a 30 second spot, a percentage of the sales generated on cable channels and various other revenue. The additional channel is needed to enable Cable Access to scroll the messages while doing programming on other channels. Selectman Amoruso asked if they've received a copy of the proposal for the van. They have not and will be provided a copy. Motion: To send a letter to AT&T Comcast addressing the issues brought forth by Cable Access and the Committee to Monitor the Cable License. (Amoruso-MacCaffrie) 5-0 Passes Richard Devine has switched from a Selectman appointed director to a cable elected member. There are now Two selectmen appointed vacancies. (Richard Devine and Mark Klein) TownManage,.~sJ~eport ": ·:·:::·.:....:::::x ...................... .. ....................·....v·, .. ........ . . ":" .....:.:...:::::<..:~'>".:.. .: ·....:::::::::::::::·:::::::::·7::: ":. The Town Manager reported: · A Mansfield resident has expressed interest in appointment to the MBT A Advisory Board. It will be advertised on cable and may generate additional interest. · Sent Mr. Foss an e-mail regarding the Town's desire to have an official letter from ComCast designating him as the authority to negotiate on their behalf. · Town is transferring to a new phone system which will result in lowering our cost for phone line services. The numbers published in the phone book will remain the same for individual departments. In addition there will be unpublished Board of Selectmen Minutes of May 15, 2002 9 individual numbers and an automated service to direct calls to the proper department during the hours Town Hall is closed. The departments will be going through a training process tomorrow and Friday, with the conversion being done after hours on Friday. The public should not experience any difficulty when using the published numbers from the phone book. · The Town has completed an RFP process for management of the home improvement project and an administrator has been selected. The grant provides funding for a town position which will eventually enable us to have the ability to run the program on our own. The grant runs up to 18 months and the program will only be in existence for as long as we continue to get the grant money. The experience gained during this 18 month program will be utilized to gain the next 18 month grant. The person will be hired contingent upon the availability of grant funding. · Asked for authorization from the Board to sign the Southeastern Regional Resources Group bid for various paper supplies, asphalt, chemicals and other materials needed by DPW. Motion: To authorize the Town Manager to sign the office supply form (McCue-Amoruso) 5-0 Passes Motion: To have the Town Manager and Board sign for FY03 DPW water supplies, chemicals and DPW supplies such a asphalt and gravel (Amoruso-McCue) 5-0 Passes . Announced that Selectman McCarter was tonight elected to the Board of Incorporators for the Hockomock YMCA. We need to form a committee to work with the Y's committee for the site on Balcom Street to see if we're able to build a community pool and skateboard park. Our liability is far less if we establish rules, don't charge, and have the YMCA staff it or have no staffing with just rules and regulations. We're meeting with Park & Recreation and Mr. Hurley from the YMCA in the next couple of weeks to begin to establish strategic plans. We're looking to build the skateboard park on town-owned land across from the Highway Garage. He asked for authorization to form a planning committee, with one or two members of the Board of Selectmen involved. Motion: To establish an ad-hoc committee, appointed by the Board of Selectmen, to work with the YMCA to study the feasibility of and to establish the appropriateness of the joint venture to provide a community pool and skateboard park. (Amoruso-McCue) 5-0 Passes One person from Recreation, one person from Planning, one person from the Building Department, someone from the MBC and citizens at large. Board of Selectmen Minutes of May 15, 2002 10 · Senior volunteer appreciation luncheon is coming up on Friday, May 24th, at 11:30 a.m. Selectmen Donovan, McCarter and Amoruso will attend. Selectman MacCaffrie wH/ check and get back to us with a response.. selectmen"s' Old Business' ..... ........ . . ...:..:."'¡....:. Selectman McCarter: · Chapter 40B - would like to have the Planning Director meet with us regarding what assistance and options are available to us to adequately deal with an application. Selectman Amoruso: · Thanked Mary-Lou Cotton for the work she did as the Selectmen's Executive Secretary while he was chairman. Selectman MacCaffrie: . Asked for a copy of the DPW project status. selectmen's New Business Selectman MacCaffrie: · Asked if we have a catchbasin cleaning schedule and noted there is grass growing out of the catchbasins on Mill Street. · Would like a cost breakdown of the differential of the building inspection fees-what contributed to the shortfall. · Noted potshots taken at Town Meeting regarding the salary for the MBC Secretary. He asked that the MBC Chairman be invited in to give us an update on the projects that are ongoing. Selectman McCue: · Congratulated Selectmen Amoruso and MacCaffrie on their election · Reported on a Vision 20/20 meeting he attended earlier in the evening · Reminded everyone of the SRPEDD Annual meeting at LaDonna, noting he has asked the Town Manager to give welcoming remarks Board of Selectmen Minutes of May 15, 2002 11 · Noted the Legislative Caucus of Vision 20/20 will take place June 24th during the day and stated an RSVP is necessary. Selectman Amoruso: · Noted a letter received indicating that the Chairman of the Board is usually the official representative to the GA TRA Advisory Board. He asked that someone be designated as the representative. Selectman MacCaffrie volunteered. Motion: To designate the Chairman as the regular representative to the GA TRA Advisory Board and Selectman MacCaffrie as the alternate (Amoruso-McCue) 5-0 Passes · Suggested sending a letter to all boards and committees that this is the time of year for reorganization and they should advise us of new officers. Chairman Donovan: · Spoke of MMA's conference in Westminster and asked if someone would like to attend. · Asked for update on the East Mansfield Common ship's mast flagpole. The dedication was set for July 4!h and the pole was struck by lightning. It is now completely destroyed. We are working with Bob Bean and at the suggestion of Selectman McCue will write to Canada to see if we can get a pole donated similar to tree donations they make to other communities. · Would like to send Lou Andrews and Lou Costa a letter of gratitude for all the work done in establishing and maintaining the Town of Mansfield website. · Attended the seniors' dinner at the Middle School and said it was wonderful. He asked that the School be sent a letter of gratitude. · Stated he'd read the notices prepared by Town Counsel regarding the alcohol violation hearings of the prior week and is ready to sign them as Chairman Motion: To authorize the Chairman to send the two letters (McCue-Amoruso) 4-0-1 with Selectman MacCaffrie abstaining Selectman McCarter: · Spoke of the lengthy alcohol violation hearings that have been held lately and suggested we have some rules governing these situations. He will get a copy of Boston's regulations for staff's review and consideration. Board of Selectmen Minutes of May 15, 2002 12 · Brought up programs to assist elderly with their taxes, stating he wants to make sure we have everything available at the full maximum allowed. The exemptions are at 100% and the Town Manager will check into the other items on the list. Selectman Amoruso asked if we're doing both the abatement and work-off programs. We're doing only one currently and can discuss it further in relation to the Water Enterprise and Sewer accounts. "A~"",íoooo1' _. ""....~"'..en ,... ...... ... ·..··,·:..·:·x .' .. . Motion: To adjourn at 10:20 p.m. (McCue-McCarter) 5-0 Passes Board of Selectmen Minutes of May 15, 2002 13