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HomeMy WebLinkAboutmin brd of selectmen 04/03/02 . - Present: ¡'¡/\¡.~ ;:LO Ht\SS/,CHUSETTS .\,' ; . \ 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 Board of Selectmen Minutes of April 3, 2002 f\r"\H-O ,i" ",' ,- ,I j._., -, L.... ('¡ !~- ':.~ nFF ICE . .- {.,'" , I J (' 02 t¡PR II Al'1 9: 46 The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Minutes of March 27,2002 Motion : To approve (McCarter-Wills) 4-0-1 with Selectman Donovan abstaining because he was not present for the March 27th meeting. Passes · Warrant No. 41 in the amount of $513,444.53 Motion : To approve (' . (Wills-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll · Hackney Driver License application of Robert D. Hearn, Jr. with driving record attached. CORI report also received and would warrant approval Motion: To approve the hackney driver license of Robert D. Hearn, Jr. (Wills-McCarter) 5-0 Passes · Resolution regarding Route 106 Improvements Project (to be signed later in the meeting if so voted) State and Local Officials · Two copies of the Contract for the Community Development Block Grand funds r that need signature of Chairman of the Board of Selectman as indicated Motion: To authorize the Chairman to sign the contract Board of Selectmen Minutes of April 3, 2002 1 r (McCue-Donovan) 5-0 Passes Chairman Andres Gazzolo, Dennis Grady, Jeff Lang, and Jim Lazzara were present to update the Selectmen on the status of the budget. Chairman Gazzolo read a statement regarding the Finance Committee's approach and noted they voted last week to recommend a budget for the Schools of $28,440,000. and the Town for $29,492,775., for total of $57,932,775. He further reviewed what these totals were comprised of. (' The Finance Committee believes we have two to three years of restraint with the revenue and are attempting to stabilize our financial situation. He noted the State will penalize the Town if we do not use stabilization funds. The risk is the assumption that Free Cash will be there and revenues from fees may be less than anticipated. Charter school costs could also increase and further economic dislocation may affect the economy. The bottom line is the budget trends increased 6.2% last year and will increase 3.9'0 this year. The total benefits last year grew at 13'0, and this year it is 20%. Total last year was 6.3%, this year 3.2% School Superintendent John Moretti, who was present with School Committee member Emil Giordano, noted the Finance Committee has been more than fair in getting the budget to that number and they are committed to making it work. They still need to reduce their budget by $270,000. They are concerned about the Selectmen's position of not using Stabilization to hire any additional personnel and Mr. Moretti asked that the Selectmen reconsider their position on the matter. They need three additional special education teachers, one of which will be paid for with a grant. The need at the High School has been created by a net increase in that school population of 140 students. The mandate that all students must pass the MCAS exam has created an additional need for teachers. All sophomores have passed the English portion of the exam, and all but five have passed the math portion. They also believe their assumptions for the number of students who will be lost to the opening of St. Mary's School in the fall were too high. Their budget cuts have resulted in a reallocation of personnel and funding and will still necessitate a reduction in the number of teachers. Mr. Gazzolo noted it is a net increase. Mr. Moretti stated there would be a net decrease in staffing of seven individuals, even with the hiring of two additional staff. Preliminary Kindergarten registration is 405, compared to last year at this r time it was at 380. Board of Selectmen Minutes of April 3, 2002 2 r Selectman Wills stated the reason for his vote not to use Stabilization for hiring personnel was because he thinks it's better to have an additional student in each classroom than to try to explain to a citizen why it took an ambulance twenty minutes to show up at their house in an emergency because we've had to cut ambulance personnel. Mr. Moretti spoke of the way class sizes are determined. Selectman McCarter said he would be happy to reconsider the vote in light of the reallocation of staff and noted he was not trying to run the School Department in the vote taken last week. Selectman McCue concurred, noting they did not take into consider the reallocation of personnel to reduce the net effect. Mr. Moretti pointed out next year the number of students will increase and we will be faced with this situation again. It was agreed that greater communication between the School Committee, Finance Committee, and the Board of Selectmen would be in everyone's best interest. It was indicated there is no desire on anyone's part to devastate services. It was noted a spending freeze has been instituted for all things not legally mandated with the hope that additional funds will be available in Free Cash. Mr. Giordano stated it is the School Committee's intent that the net staff does not increase, but he noted many variables and asked that the vote not to use Stabilization for new hires be a condition of the vote. It was agreed that the { guiding principle should be to stay within the budget recommended by the Finance Committee. Town Manager D'Agostino pointed out that certain assumptions are made in the budget process, as they are every year. This year's assumptions are very difficult to ascertain at this time because of the volatility at the State level, over which we have no control. The assumption has been made that at some point a compromise will be worked out between the Legislature and the Governor. We've therefore pulled back 5% to represent that. We're looking at a $3.85 million deficit. He agrees with the Finance's Committee formula for balancing the budget, with the full awareness that adjustments may have to be made in the fall. "$650,000 to reduce the tax levy, or take any other action in relation thereto" is the motion that will be made at Town Meeting. Article 6 of the Town Meeting Warrant will require further discussion, and alternate wording will be substituted based on the recommendation of Town Counsel. The Town Manager assured everyone that in no way will the total budget exceed the limits of Proposition 2 î. Motion: To support the use of Stabilization in an amount that would not exceed $650,000. (McCarter-Wills) 5-0 Passes r Board of Selectmen Minutes of April 3, 2002 3 r Motion: To open the hearing at 8:03 p.m. and postpone it for 15 minutes (McCue-Wills) 5-0 Passes The notice of public hearing, as it appeared in The Sun Chronicle on March 13, 2002, was read at 8:20 p.m. Chris Parella, Rights of Way Manager for Verizon, and Director Jack Beliveau and Foreman Gary D'Ambra were present from the Light Department. To re-open the public hearing at 8:22 p.m. (McCue-Wills) 5-0 Passes Mr. Parella presented the certified mailing cards. Director Beliveau noted all the poles are being placed at the request of the Light Department. This is part of the general upgrade of the distribution system in that area to correct the number of outages experienced. Structural improvements to the poles were necessitated by the additional strain presented on them. r Selectman McCue expressed the questions and concerns of a Franklin Street resident. The first was that better drawings be presented for such applications, which will be addressed with the proposed policy for utility applications. The second concern was to verify that no new lines would be added, and that was determined to be accurate. Some 35 foot poles are being replaced by 40 foot poles and some poles will be placed on the opposite side of the street to pull back the lines. The comments of the Town Engineer were also addressed. Motion: To close the public hearing at 8:28 p.m. (Wills-Donovan) 5-0 Passes Motion: To approve the pole locations as shown on Verizon Petition Number 9AAPPH dated February 25, 2002, Prints 1 and 2 (Wills-Donovan) 5-0 Passes Lou Andrews and Steve MacCaffrie were present to address questions regarding r the articles the Ad Hoc Committee to Review Town Meeting Procedures are Board of Selectmen Minutes of April 3, 2002 4 r sponsoring at Town Meeting. Their recommendations are the result of the Selectmen's request to find ways to improve the flow of Town Meeting. Chairman Andrews noted not all members agreed with each recommendation, but did agree to have Town Meeting consider them. Article 32 - Quorum Requirement - Mr. MacCaffrie noted the intent behind this is there is no format to challenge the start of the meeting. Often there are people who have signed in, yet are not present in the auditorium. This would allow for a quorum count inside the place of assembly. This would require 200 people present to start the meeting. Chairman Amoruso noted we do not ask people to "sign-out" when they leave the meeting. Article 33 - Standing Count - is one of the articles that documents the procedure we are using already, but not spelled out in the By-Laws. Article 34 - Appointment of Tellers - also one of the articles that documents the procedure we are using already, but not spelled out in the By-Laws. There may be something in the Mass. General Laws, but this clarifies it. r Article 35 - Order of Articles (Lottery) - is an effort to increase voter participation at the meeting and to provide a fair and unbiased article order selection. The article insures that articles needed to complete the budget are brought before the Town Meeting first, and in the order determined by the Selectmen. All subsequent articles would be selected by lottery. Chairman Amoruso noted his concern that it takes the initiative away from the voters. Articles 36 and 37 - Reconsideration of Articles - one of these articles would be dropped if the other passes. The purpose is to help stem the mass exodus after special interest issues are acted on. It will give Town Meeting members time to reflect on previous votes also. Article 38 - Order of Motions - is a clean-up of existing by-laws and documents current practices. r Article 39 - Availability of Warrant - to have the warrant available ten business days prior to Town Meeting. The article provides time specific for the posting of the Warrant. Town Manager D'Agostino noted the wording conflicts with State law. There was confusion also over the terms "posted" and "closed". Mr. MacCaffrie noted the desire for public input on the warrant articles prior to its closing. It was noted the Warrant is a "living" document up to the cut-off point and changes on a regular basis. May be amended to "no less than ten days." Board of Selectmen Minutes of April 3, 2002 5 r Article 40 - Adjournment Time - basically says that Town Meeting should not go beyond 11:00 p.m. but provides a caveat that if two-thirds of those present agree, it can be extended. Article 41 - Amendments to Articles - states that all amendments should be in writing, and documents current practice. Article 42 - Presentations - is an effort to speed up Town Meting and keep voters present. If the point cannot be made in 15 minutes, they believe it is a problem. The moderator would have the discretion to allow it to go further. There is no need for presentations when everyone is in agreement on an issue. A quick overview would be more appropriate. Article 43 - Addressing Town Meeting - eliminates one voter monopolizing the floor and allows all voters time to speak. Article 44 - Rules of Practice - is an effort to clarify Town Meeting procedures by providing a guide on issues not covered by our by-laws. The Moderator still has discretionary power under State statute, but this allows for a challenge. Mr. r MacCaffrie noted there are instances where Town Meeting Times has overruled a Town Moderator. When a challenge is made to the Attorney General, it challenges the entire Town Meeting, not just the article(s) in question. DPW Director Lee Azinheira and Town Engineer John Sullivan were present to review various matters. .r Norton Request for Sewer Transfer Mr. Azinheira spoke of the request for a reallocation of 3,520 gallons of flow from Norton for a new development. It has been reviewed in accordance with past procedures in looking at what the new flow would be used for. Based on our interpretation of the Intermunicipal Agreement, the Town of Norton already exceeds the gallons allowed based on the number of bedrooms, yet they are still under their allotment. Our interpretation differs from theirs regarding critical· needs. He recommended against the transfer. The 215,000 gallons purchased is in various areas of critical needs. They have exceeded their initial purchase in this particular area. We need to be consistent with our interpretation of the transfers allowed previously under the agreement. Mr. Azinheira reported he has requested a Board of Selectmen Minutes of April 3, 2002 6 (' meeting with Norton and Foxboro, at which this can be made an agenda item. We are looking at May 9th or May 23rd as possible dates. Duane Knapp, Superintendent of the Norton Water and Sewer Department, spoke on the issue. He noted all their stations are up to par. He agreed the bedroom count in this area is over, but stated the meter count shows they're only using 20,000 GPD of their 35,000 GPD allotment and have a daily use of 160,000 to 170,000 gallons. For the eight homes requested, they thought they could take them off the allotment because of septic failures in that area. They do have flows, and the State's telling them if they have flows they can't turn down a request if the sewer goes by a property. Chairman Amoruso noted a given amount of flow is assigned based on the bedroom count and is a theoretical flow as opposed to a mechanical measurement. The standard has been established for many years and has been applied in this manner to previous requests received from Foxboro. There is a need to be consistent in administering the standard established. The Intermunicipal Agreement is for 20 years with an option for the Town of Mansfield to extend. Chairman Amoruso noted we're looking for a way to r accommodate his request, but need to stay within the guidelines. The contract is based on the number of bedrooms, and if homes are adding bedrooms, that affects the allocation. We need to find an equitable way to transfer the amount from one area to another and need to be consistent. The metering is for billing purposes. The theoretical approach is needed for hook-ups. They can make the request and the Board can consider it, but the way the agreement is written, it is based on the number of bedrooms. To grant this would change the interpretation of the agreement and would have a significant impact. DPW Director Azinheira will contact Foxboro regarding the date for the Tri-town meeting. Motion: To table the request until we can get more information to determine an equitable resolution. (Donovan-McCue) 5-0 Passes r Tremont Street Odor Complaints DPW Director Azinheira reviewed the various meetings held with Foxboro to address the odor complaints. The problem did not exist prior to the installation of Foxboro's pump station. One of the proposals made was to install a backflow preventer to keep the odor from going up the stack. The problem is in the sewer line and not in any particular house. They have gone out there and witnessed the Board of Selectmen Minutes of April 3, 2002 7 r- odor coming from the line. Foxboro has also suggested introducing additional chemicals, but Mr. Sullivan stated he has doubts that it would work. Selectman Donovan asked why they couldn't install an air injector to get it moving. That may be possible, but would require landtaking and would be the responsibility of Foxboro. Our Board of Health has the ability to issue an order to Foxboro to abey a nuisance. Mr. Azinheira will contact Mr. Potter and ask that he come up with a solution to be presented at our meeting. Mr. Sullivan noted they went out with a camera and there are no sags in the line. Everything was fine until they started operating the pump station in July of 2000. Chairman Amoruso noted the neighbors have been very patient and we need to get an engineered solution. The odor-control methods they have used to date have not worked. Motion: To notify Foxboro that we require an engineered plan acceptable to the Town of Mansfield with a schedule for implementation by May 15, 2002 (McCue-Donovan) 5-0 Passes r Route 106 Improvements Mr. Azinheira noted last month at the Joint Transportation Planning Group (JTPG) meeting they discussed road programs and said Route 106 does not make the transportation improvement plan (TIP) because it's not considered a significant project. He and Mr. Sullivan drafted a resolution for the Selectmen's consideration to present at the next JTPG meeting. The intent is to try to push what we've been pushing for years to try to get the project completed. MassHighway has said they've had no projects at 100% design approval that are on the TIP that have not been completed. The resolution is an attempt to get it on the TIP. Mr. Sullivan will also attend the next meeting and advise them where all the calls came from when Route 106 was impassable during the resurfacing, and a significant number came from residents of Easton who use the Mansfield Train Station. The JTPG needs to be made aware that this is not just a Mansfield project and it has a significant impact on other area towns. We need to be pro-active to get on the TIP sooner rather than later. We're also looking at putting in signalization in the area of Flint Farm, upgrading the signalization at Franklin Street, and improving the area in the vicinity of Mansfield Green. The JTPG meeting is next Wednesday. Motion: To approve and sign the resolution (McCue-Donovan) 5-0 Passes r Mr. Sullivan advised the Board that the Williams Street Bridge advertising has been pushed off until next month. We have now been requested to do an archeological study, which is usually done in the early stages of the project. He's informed them this is just another roadblock they're throwing before us. Chairman Amoruso noted the appearance of the School and Elm Street bridges with the addition of the graffiti. Mr. Azinheira will check with MassHighway on the status. Board of Selectmen Minutes of April 3, 2002 8 r Karl Clemmey of 750 South Main Street - asked to be put on the agenda next week regarding assessment of taxes in the Town of Mansfield. He noted his assessment went up 550% and he has not had any success with the Assessors. He reported that Erin Centre is upgrading lights for the Town to the tune of $445,000. He also pointed out a Globe article regarding state aid. George Dentino, Gladiola Terrace - spoke of the comment made by Selectman McCarter regarding the need to layoff two people to accomplish the savings of one employee. He quoted Selectman McCarter's statement and asked why "it is temporarily uneconomical to lay people off because we have to lay two people off to see any savings." Selectman McCarter asked that Mr. Dentino put that statement into the context it was said. The Town Manager had said the Town would be ill- advised to layoff one person because they would have to layoff two people for every one to accomplish a savings. Following a brief debate, Chairman Amoruso offered Mr. Dentino an analysis and spreadsheet that was prepared establishing that fact, noting the debate is not productive. Mr. Dentino said he would take the time to look at the analysis. Selectman McCarter objected to statements being taken out of context. r The Town Manager: · Discussed the budget, noting the Town has reviewed and digested the recommendation of the Finance Committee and believes it makes sense and can be achieved without the reduction of manpower and still reach a balanced budget. He noted this could change in the fall and he wants everyone to be aware of it. We are infusing $650,000 from Stabilization into the budget to balance it and have also made a number of cuts. He reviewed the new cuts made in greater detail and noted the redistribution of funds without exceeding the amounts budgeted. The shortfall at this point is in the $200,000 to $300,000 range. r · Noted the local estimated receipt revenue has been increased. We're doing better than anticipated and he reviewed the various receipts, comparing them with the same time last year. We are meeting or exceeding them in about 90% of the categories. Selectman Donovan noted he hates to see cuts made at the Library and asked where their budget stands. We have not had to cut them the lO'Yo. Board of Selectmen Minutes of April 3, 2002 9 r . He reported that today the Swift administration did not fund Charter Schools for the full amount. Selectman McCue asked if we've investigated the availability of grant money for purchasing police cruisers. Chairman Amoruso asked if they've considered submitting the cruisers that were cut to CIP. Selectman McCue sa/ä a priority list has been established Town Manager D'Agostino noted they are part of the Police Department's operating budget and have not in the past been a capital expense. They do not meet the five-year threshold Selectman McCue noted all the funding that has been made aval1able for purposes of public protection. The Town Manager noted we are not seeing it at the local level. He said it would look into it further. · Distributed information from Town Counsel regarding the use of Stabilization Funds · Has the agreement from Grainger & Sons regarding the Jordan-Jackson roof. It has been reviewed by Town Counsel and they're looking for a dismissal of stipulations with prejudice. He reviewed the provisions of the agreement and suggested that once the agreement is executed, the Executive Session minutes be released. Motion: To authorize the Town Manager to sign the final agreement r (Donovan-Wills) 5-0 Passes · The Sheriff has approved the request of the Town to do any projects within their realm. The services will be offered to the Airport, we want to get some brush cleared on the interceptor, and there are other projects that could be done as well. · Planning to relocate the MIS Department to the basement of Memorial Hall. They fix many CPU's and upgrade them to a usable condition and currently have to use the tables in the meeting room to work on. We're hired an architect for $700 to review it and give us a recommendation. Chairman Amoruso noted there may be a need for humidity control. · There has been a request by Shaun Burke as to how the Board would like to treat warrant articles at the Special Town Meeting; will the Board entertain street acceptance articles. It was the consensus of the Board to hold off until the fall unless there's some critical need ~ Board of Selectmen Minutes of April 3, 2002 10 r r r- I Motion: To hear the liquor violations brought before the Selectmen and discussed three weeks ago here at the local level as opposed to going to the Alcoholic Beverages Control Commission (Wills-Donovan) 4-1 with Amoruso opposed because the Chief has asked us to do something which he believes is reasonable. · Selectman Wills announced he is formally withdrawing from the Selectmen's race on the advice of his doctor, who recommended he spend his time working out at the gym to improve his health instead of being at meetings all the time. Motion: To adjourn at 11:02 p.m. (Donovan-Wills) 5-0 Passes ~I/L V Signature of Clerk .ø ;11,1t. /0 Date of Approval Board of Selectmen Minutes of April 3, 2002 11