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Board of Selectmen
Minutes of
May 15, 2002
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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
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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
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· 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
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Questions and "Comments
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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.
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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
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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
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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
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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
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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
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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'
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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
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· 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
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· 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.
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Motion: To adjourn at 10:20 p.m.
(McCue-McCarter) 5-0 Passes
Board of Selectmen Minutes of May 15, 2002
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