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Board of Selectmen
Minutes of
April 17, 2002
02 Af'R 29 F'f1 3: 10
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Present:
Chairman Louis P. Amoruso; Vice Chairman Bradford E. Wills; Clerk
Michael W. McCue; Selectmen David W. McCarter and Daniel
Donovan.
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.
. Minutes of April 10 , 2002
Motion : To approve as amended
(McCue-Donovan) 5-0 Passes
Selectman Donovan was added to those present for the meeting. Selectman
r Wills noted he stated during the cable license transfer hearing that he was
prepared to vote on it that evening. He also requested to have the minutes
reflect that George Wojtkiewicz said we should return stabilization to the
taxpayers. Selectman Wills discussed the Town Manager's salary increase as
reflected in the minutes, noting he has found his notes from the April 3, 2001
workshop and sees nothing in them that indicates the Selectmen's vote on a pay
raise. He continued to discuss records related to any meeting at which the
Town Manager's pay raise might have been discussed, noting his dissatisfaction
that a newspaper article is being used as a record of a meeting for which there
were no minutes.
· Warrant No. 43 in the amount of $4,146,493.58
Motion: To approve and sign
(McCarter-Donovan) 5-0 with Selectman McCarter abstaining from
Municipal Building Committee payroll. Selectman Wills asked what the
$2,200,000 payment to State Street Bank is for. The Town Manager replied it
is a bond authorization, noting his belief that it was for schools.
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Board of Selectmen Minutes of April 17, 2002
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· Licenses for Chamberlain Ave. Inc. d/b/a Cat man Café at 16 Old Colony Way
(formerly C. J. Scooter's) - see comments: Common Victualler cannot yet be
granted (no kitchen plan submitted); owner of real estate (James Appel) has not
paid FY'02 real estate taxes (first half over-due - $1,648.03)
· Weekday Music Machine
· Automatic Amusement Device
· Live Entertainment Weekdays
· Public Entertainment on Sunday
Motion: To hold off approving the licenses until next week; advise the
applicant of the unpaid taxes, and try to get information on the kitchen.
(Wills-Donovan) 5-0 Passes
· Drainlayer's License for Patsy Cavalieri & Son, Inc. of 279 Elm Street, P.O. Box
1032,North Attleboro (recommended for approval by Town Engineer John
Sullivan)
Motion: To grant the license as recommended by the Town Engineer
(Wills-McCue) 5-0 Passes
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Boards and Committees
· Memorandum from Planning Board re: Zoning Hearing for the Mansfield Music
and Arts Society (MMAS) Light Festival By-Law
Questions were raised as to the enforceability of the agreement and whether it is
discriminatory because it is limited to Mansfield non-profit organizations.
Selectman McCarter questioned the Town bearing the expense for legal opinions
from Town Counsel, yet we need to have answers for Town Meeting. He pointed out
that although the Selectmen are sponsoring the article, we'd be spending public
funds for a private entity. Selectman McCue agreed, reiterating Selectman
McCarter's suggestion that MMAS provide the answers through their own attorney.
Town Counsel Mangiaratti reviewed the article previously, but it is now the
responsibility of MMAS to provide answers to public concerns on their article.
Selectmen Donovan said he would rather ask our attorney for an opinion and pass
the cost onto MMAS. Chairman Amoruso agreed.
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Board of Selectmen Minutes of April!7, 2002
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r MMAS and their attorney will be notified they will be responsible for addressing
the issues raised at the Planning Board hearing. A joint meeting wi'll be requested
with Planning Board prior to Town Meeting.
State and Local Officials
· Request from Mansfield Regular Police Association for permission to hang a
banner and close roads as detailed in letter on Saturday, June 15th from 9:30 to
11:00 a.m. for a 5K Road Race to benefit research funding for Rett Syndrome.
The banner request has been forwarded to the Light Department.
Motion : To approve
(Wills-Donovan) 5-0 Passes
Residents
· Letter from David Dugas of 11 Timberline Drive re: off-road vehicle use, with
request to provide trails for safe riding. (The letter has been forwarded to the
Recreation Department and Police Chief. A response from Traffic Safety
Officer Lance Lawson has been received)
Motion: To ask the Police Department to respond directly to Mr. Dugas and set
r up a presentation at a Selectmen's meeting to look at the issues
(McCue- Wills) 5-0 Passes
· Letter of complaint from Office Manager of a local business regarding a
constable appointed by Mansfield Board of Selectmen
Motion: To have the constable in to discuss the allegations
(Wills-Donovan) 5-0 Passes
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George Dentino, Gladiola Terrace - asked about tonight's warrant for which an item
of over $2 million was questioned and nobody really had the answer, but it was
approved anyway. He also stated Selectman McCarter is right-we shouldn't spend
any more of Town money on the Light Festival. He noted MMAS is getting 7-14% of
the net profit, and we put in a significant amount of time and money for an
undertaking that Tweeter Center will be getting 86-93'0 of the funds raised. He
then spoke about accountability on the part of Selectmen for statements made. He
also noted he'd asked to be on the agenda this week and received a call Tuesday
advising him he was not on the agenda because he has not yet met with the Town
Manager. He asked about the policy Mr. Amoruso put together. Chairman Amoruso
read the draft policy, noting it is not a "BoardN policy, but a "ChairmanN policy and
Board of Selectmen Minutes of April 17, 2002
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r mayor may not be utilized by the next chairman. (A copy of the draft policy is
attached for reference.) Chairman Amoruso noted it's something he's invoked in
the past, but has never been formalized in writing. He also noted twice Mr. Dentino
has given him topics he wished to discuss, and they ended up not being what he
discussed Mr. Dentino cited examples of others who have been put on the agenda
without first meeting with the Town Manager. He requested that he be put on the
agenda for next week for comments only. Chairman Amoruso noted there is no
agenda for comments. If you want to be on the agenda, it has to be something of a
serious nature and information presented to the Board Selectman McCarter noted
Chairman Amoruso was voted Chairman by the Board and it is his responsibility to
run the meeting in the manner in which he determines it should be run. Selectman
Wills said he believes it's a good idea and it helps to have the information ahead of
time to do whatever research and preparation is necessary to adequately respond.
Selectman McCue noted he agreed with the Chairman's policy, pointing out the
policy does not necessitate Town Manager approval to have an item go forward
Selectmen Donovan said he would rather ask our attorney for an opinion and pass
the cost onto MMA5. Chairman Amoruso agreed
Selectman Wills asked Mr. Dentino if he's suggesting we contact Tweeter's lawyer
and ask them to pay for the legal opinions. Mr. Dentino noted the Selectman are
r sponsoring the article and ought to know what's going on. Selectman McCarter
stated he voted to support the article because it was turned down at the last Town
Meeting and they were not able to bring it back this year. It was an attempt to
help out MMAS, but they should be on their own in providing answers to questions
raised from the floor.
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Steve MacCaffrie of Mill Street - noted the Selectmen have sponsored an article
(MMAS Zoning By-Law amendment) on which they know nothing about and have
already spent Town funds in assisting them. He noted it does not make any
difference who brings an article back for consideration at Town Meeting. MMAS is
presenting the article and their attorney should be responsible for making the best
presentation he can. If Selectmen are the special permit granting authority, they
will only be doing a routing slip for department head comments. He noted the
Selectman are not in a position relative to qualifications or staffing to deal with
MEPA and traffic studies for a project of this type. The Selectmen should only be
responsible for issuing the entertainment license. MMAS attorney is supposed to
be contacting the Attorney General's office to see if the article can legally be
brought before Town Meeting again at this time. He spoke further, noting the
information being sought is available in Mass General Laws, pointing out the bigger
question is the Selectmen's ability to handle the process involved for granting
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r special permits. Chairman Amoruso noted he does not see it as a zoning issue, but
rather a permit issue. He stated it was recommended that it be done. Town
Manager D'Agostino noted the "pockets of expertsN 01/ work for the Town of
Mansfield and are under the authority of either the Town Manager or Board of
Selectmen. The use is already permitted within the Zoning By-Law for a limited
amount of time. This is expanding the length of time. Mr. MacCaffrie noted the
change in the length of time and the numbers of cars involved will trigger the MEPA
and traffic studies. Selectman McCarter pointed out the efforts made to close al/
the loopholes in their efforts to help out a local non-profit organization.
Peter Chan was present to answer questions regarding his petition to change the
corporate name on his all alcoholic beverages restaurant license from J.E.P.J. dba
T ahana Restaurant to T ahana Inc.
Mr. Chan stated five years ago he opened the restaurant with a partner who he no
longer has. The Secretary of State has approved the change of the name of the
corporation. Everything is staying the same.
(" Motion : To approve the name change to T ahana, Inc.
(Wills-Donovan) 5-0 Passes
President Richard Devine and Program Director Jack O'Neill were present from
Cable Access to discuss their issues and concerns relative to the transfer of the
cable license.
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Mr. O'Neill showed pictures taken of the mobile production studio, commonly
referred to as "the van." It is a full production studio located in an Econoline van.
The purchase of the van itself is the least of the expense involved in replacing it.
Although AT&T has offered to give us a van, it is the installation of the equipment
that is the major expense. The equipment in the van takes three people to run.
They need a bigger van, as this one is undersized for normal-sized people. An
Econoline van with a box on the chassis would be more suitable. All the Town
Meetings are produced from this van and Mr. O'Neill explained the various pieces of
equipment and their uses. To fully equip a new van would be about $170,000
without the vehicle or a studio upgrade. It would not be worthwhile to get a new
van and put the old equipment in it. The equipment is all analog, while everything
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r today is digital. The equipment was provided by the former CVI (Cable Vision
Industries).
Selectman McCue asked if the new equipment would take up less space and make
the conditions more livable. Mr. O'Neill reviewed the equipment in the van, with
most of it being much the same size.
The Memorandum of Agreement given previously to Cable Access was discussed,
with it being noted the Selectmen have not yet taken any action on it. Chairman
Amoruso explained the position being discussed with AT&T is if the Town wants
new equipment they should buy it and they'll install it in the van. Town Manager
D'Agostino noted the difficulty is the $500,000 sitting in the bank, even though it's
earmarked for a studio, it is viewed by AT&T as Cable Access' ability to purchase
the equipment on their own. Mr. Devine noted any corporation has to have revenue,
and they have to rely on theirs because AT&T has not always delivered their
required payments in a timely fashion. This has forced Cable Access to use their
own revenue to pay bills. Mr. Devine noted there are some towns operating without
any funds of their own. He finds it unbelievable that AT&T will not provide them
funds for equipment. Town Manager D'Agostino reiterated the negotiations that
have taken place with AT&T and their position on providing equipment when the
r corporation has the ability to obtain it themselves. Mr. O'Neill pointed out if the
funds are all used to build a studio, they'll have a beautiful new studio with no
equipment in it. The difference between operating revenue and capital was
discussed. They have a proposal for $850,000 just for equipment for the studio
and mobile unit. Chairman Amoruso noted the difficulty in borrowing with only a
short time left on the current contract. Mansfield Cable spent $1,200 to have a
comprehensive review done and is upset because they were forced to spend the
money, yet AT&T won't do anything with the information provided by the
comprehensive review. It is in the Town's best interest to find property that Cable
Access can build on as they are a vital service provided to the general public.
Mr. Devine noted the video quality is a constant problem they've encountered. He
stated channels 9 and 15 should have the same quality as the broadcast channels.
Chairman Amoruso stated there is a proposal in the new license that would involve
stringing fiber. The current signal is not good because we're going through copper
wires. Discussion ensued as to whether AT&T can be pressured to provide more
than a substandard signal. Chairman Amoruso noted we're working on it.
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Mr. Devine referred to the handout he provided relative to Section 16 of Chapter
166A of Massachusetts General Laws (MGL) and cited their requirement to address
signal quality issues. Mr. O'Neill spoke of the calls he's made to Work Force.
Chairman Amoruso noted AT&T has stated they want the complaints to come
Board of Selectmen Minutes of April 17, 2002
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through the licensing authority. We have never agreed to that, but if we're copied
on the complaints filed, we can forward them to AT&T.
Mr. Devine spoke of complaints filed that are addressed in Section 10 of Chapter
166A whereby complaints are forwarded to the Cable Television Division of the
Department of Telecommunications and Energy (DTE). He also noted the check for
the 5% of annual gross revenue is due on or before March 15th of each year, and
that has not been happening. Mr. Devine noted they determine the amount of
money they owe based on the number of subscribers and the revenue they bring in.
We do not send them a bill. Chairman Amoruso suggested we could send them a bill
on February 15th noting their 5'0 annual payment is due on March 15th. Selectman
Donovan suggested adding something in the contract for fining the cable company if
payment is late.
Mr. Devine next noted in the renewal the licensee is responsible for the costs of
the maintaining the facility, including the mobile production van. It only happened
the first year of this license. Chairman Amoruso noted when the license was
negotiated it was agreed the Town would receive a given sum of money. The
understanding was the Cable Access Corporation would assume the cost of rent and
operation in exchange for the sum given. Those involved in the negotiations all
(- agreed as to how it was agreed.
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Mr. Devine advised the Selectmen he is going to recommend to the Cable Access
Directors at their next meeting that they sue AT&T for approximately $300,000
to $400,000. Town Manager D'Agostino asked Chairman Amoruso if he has any idea
when the licensee stopped assuming the costs of maintaining the facility. He noted
it goes back to the mid-1990's and there have been changes in the employees and
companies during that time. Everything changed when a former Selectman came to
Cable Access and demanded they pay $30,000 for legal expenses. There was a
great deal of misunderstanding at the time because Cable Access Corporation felt
they were being asked to pay $30,000 to someone who negotiated away a part of
their benefits. Cable Access will continue to pay the rent, but will sue for it.
Mr. O'Neill stated his concern that this can happen again and suggested the
negotiations should all be videotaped to prevent this from happening in the future.
He noted the committee holding an executive session could lead to a repeat of the
problem. Chairman Amoruso said he's spoken to Counsel Bill August about this issue
and they've agreed that the meetings would be open. He's assuming the committee
will go along with Counsel August's recommendation.
r Selectman McCarter asked for a summary of what Cable Access wants the Board to
do. Mr. Devine listed the following items: complain to DTE about signal quality;
Board of Selectmen Minutes of April 17, 2002
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push for repairs to current equipment/upgrades in the future; (according to Mr.
Devine, Section 10 of MBL Chapter 166A provides that Selectman must notify the
Division of what's been brought to them.
Selectman Donovan suggested all this be run by Counsel. It was agreed that Cable
Access will assist with the cost of pursuing the complaint. Selectman Wills
suggested sending a certified letter to Mr. Foss making him aware of it. Chairman
Amoruso noted Section 10 requires complaints be submitted "in writing" which may
give them an out. Mr. O'Neill replied that logs of complaints are kept by the Review
Committee. Mr. Devine stated we need to fight hard to get equipment in the next
contract that's necessary in the future. Mr. O'Neill reported the poor picture
quality is due to what's being used from the studio to their headend. Coming out of
the studio the picture qualityis fine.
Article 1 - transfer $162,500 from overlay surplus to pay for several items as
listed
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Article 2 - taking money in the amount of $30,434. from Southeastern Regional
assessment to pay for an increase in the Charter School assessment
Article 3 - Transfer from overlay surplus as detailed for $191,500 total
Article 4 - Using a small amount of Free Cash $63.90 to pay for a prior year's bill
Article 5 - Deals with the appropriation of State Funding of $190,270 state's share
matching funds
Article 6 - spend $167,000 etc for cost of work under Chapter 90
Article 7 - $25,000 transfer from Water Enterprise to Water Enterprise
Electricity line item to pay for electric.
Article 8 - early retirement incentive program House Bill No. ?? We have the
ability to cap the number of retirees accepted into the program. Need to
determine if it's worth looking at as a cost-saving measuring. May not be financially
feasible for smaller towns.
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Board of Selectmen Minutes of April 17, 2002
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Article 9 - sponsored by a resident dealing with age-eligibility for Fire Department
under Civil Service regulations. Have never accepted these provisions; therefore
we can't do it.
Article 10 - allows Collector/Treasurer to take by deed property for the payment
of taxes.
Motion: To sign Town Meeting Warrant for the May 6th Special Town Meeting to
begin at 8:00 p.m.
(McCue-Donovan) 5-0 Passes
The Town Manager:
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· Raised the issue of auditors last week and asked whether the Board wished to
continue with Brown and Barrett. They're scheduled to meet on April 22nd and
Bea Kearney has recommended we remain with them. Chairman Amoruso noted
there were issues with the Finance Committee and this firm. Selectman Wills
questioned some issues raised in their management letter regarding
reconcl'liations. Chòirman Amoruso asked if we got some actual proposals or
estimates of the cost. He asked if we could do a two-year contract to get us
through GASB34 and then go out to bid. There are only three or four firms
state-wide that do only municipalities
Motion: To continue with Brown and Barrett for three years through GASB34
(Donovan-McCue)
Motion: To amend the main motion to continue with Brown and Barrett for two
years
(McCue-Wills) 5-0 Amendment passes
Vote on Main Motion as amended: 5-0 Passes
· Met with Ed Hurley, Sue Cinelli, Jay Barrows and Tony Calcia regarding
expansion of lease for Balcom Street facility by YMCA. We discussed the
development of a skateboard park. They've agreed to staff it and work in
concert with the Town on rules and regulations and everything else needed to
run it. The Town will raise the funds from appropriation and will not charge a
fee, thus releasing us from liability. There are marketing advantages for the
YMCA in doing this. The park should be free from the residential community,
,-- have sufficient lighting available, and they have talked briefly about siting it
near the compost facility. Siting skateboard parks where team sports are
Board of Selectmen Minutes of April 17, 2002
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played has caused friction in other areas according to reports received. They
also discussed the development of a master plan for Balcom Street that may
include a community pool funded through private donations solicited by the Y.
We need a Master Plan Advisory Committee to include Selectmen, Planning
Board, Recreation Commission, users of facility and Balcom Street residents.
We will be working with the National YMCA organization that has experience on
master plan issues. The master plan will determine the suitability of the site.
He invited residents who are interested in serving on such a committee to call
his office. Selectman McCarter asked the Town Manager to call the Town of
Natick to see how much they spent on their skateboard park The Town
Manager noted the area has to be level, and drainage arid lighting have to be
installed.
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Morrison/Mahan Well Dedication is coming up May 11th at 10:00 a.m. The
chronology of the process is outlined in the brochure that has been printed by
Woodard and Curran.
· Announced we have preliminary budget numbers available for the Town-side of
the budget, with the School-side being presented next week. The issue of
increasing revenue will need to be looked at. He recommended adding another
r cruiser to the Police Department request-an issue that has been raised by the
Chief as a public safety concern. A fee increase will cover the costs of the
department and free up some money we're taking from the Town-side.
· Senior Citizen Luncheon sponsored by Rotary will take place on April 30th at
12:15 p.m. He asked if any of the Selectmen would be able to join them.
Selectmen McCarter, Donovan and Amoruso indicated they would be able to do
so.
Selectman McCue:
· Had discussed inviting Rep. Kafka in to meet with us. The consensus of the
Board is to call and see when he's available. Town Manager D'Agostino would also
like to meet with him and staff people.
Selectman Wills:
· Asked about trailers in industrial park that were doing business there. Building
Inspector investigated and indicated storage of trailers was allowable at that
property. There was a difference of opinion as to their pre-existing non-
r conforming status.
Board of Selectmen Minutes of Apri/17, 2002
10
r · Asked about the fuel tanks at the Highway Garage. We have looked at the
tanks and are in the process of ordering. Report was presented by Penney
Engineering. The Board may need to reconsider their vote for storage volume.
We will try to hook it into the Police Station by camera. And are proposing to
change the hours of operation as to when the tanks can be fl1led to control
spilling.
· Asked for a litigation update from Bob Mangiaratti (schedule Executive Session
prior to a meeting he'll be at.)
Selectman McCarter:
· Asked for an update of DPW projects that will be done this spring. The Town
Manager suggested a memo from the DPW Director would be the fastest and
simplest way to obtain this information unless greater detail is needed
· Asked when the Park Street parking lot will be started. Scheduled to go before
Planning Board sometime towards the end of the month. Has to go to site plan,
then Planning Board makes a recommendation to Selectmen. It will probably be
three weeks after recommendation from Planning and DPW will be doing the
work
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· Thanked the Town Manager for providing the information on out-of-state travel
he'd requested and stated the total of $4,000 of $6,600, mainly for the Police
Department, is reasonable.
· Asked if the Chairman's draft policy for being placed on a meeting agenda is for
citizens only. Chairman Amoruso indicated that it correct.
· Suggested with regard to the situation with MMAS that the Town could have
Counsel Mangiaratti look at the issue and have MMAS pay for it prior to Town
Meeting. The Town Manager will talk to Ken Butler and report back next week
Selectman McCue:
· Reminded everyone that Vision 2020 will be holding a legislative caucus Friday,
June 14th from 8:30 to noon. SRPEDD is holding their annual dinner at LaDonna
Wednesday night, May 29th. He is requesting they extend the invitation to
entire board.
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Selectman Donovan:
Board of Selectmen Minutes of April 17, 2002
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r · Asked if department heads are paid overtime when they sit waiting at meetings.
The Town Manager indicated they are all on salary and are given compensatory
time when they need it in turn for attending night meetings.
Chairman Amoruso:
· Reminded everyone of the Light Commissioners meeting Monday night at 7:00
p.m. instead of 7:30 p.m.
Motion: To adjourn at 10:55 p.m.
(McCue-Donovan) 5-0 Passes
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Signature of Clerk
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Board of Selectmen Minutes of April 17, 2002
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