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HomeMy WebLinkAboutmin brd of selectmen 01/30/02 ~ Board of Selectmen Minutes of January 30, 2002 PC'r'r,'l'ED "\\"'-.11" ~'. J', ' I C":.. ',". eFF ICE, û2 FES I 4 A!1 8: l+ 7 ¡, ¡ ,L, '" ,> ¡' ¡"_ L D M ,,\ (~(~ " ,.'" ¡ . , J (~ E T T S I' ì !-\ ,; ,-' , " i, i ,I,) Present: Chairman Louis P. Amoruso; Clerk Michael W. McCue; Vice Chairman Bradford E. Wills; and Selectman Daniel Donovan. Selectman McCarter was absent from the meeting due to illness. 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. · Warrant No. 32 in the amount of $2,591,426.93 Motion: To approve and sign (Donovan-Wills) 4-0 Passes n · Minutes of January 23, 2002 Board of Selectmen's meeting Motion : To approve (Donovan-Wills) 3-0-1 with Clerk McCue abstaining because he was absent for that meeting Passes · Tweeter Center Seven Day Entertainment and Public Entertainment on Sunday licenses to be signed Motion: To sign (Donovan-Wills) 4-0 Passes · One Day Beer and Wine License of Tri-County Beagle Club Members Annual Game Dinner on Sunday, February 17, 2002 from 12 noon to 7:00 p.m. Selectman Donovan disclosed that he is a member of the Beagle Club Motion: To approve and sign (McCue-Wills) 4-0 Passes r Board of Selectmen Minutes of January 30, 2002 1 r . E-mail from Lou Andrews with articles for the Ad Hoc Town Meeting Committee that were withdrawn from the Special Town Meeting with the request that they be placed on the Annual Town Meeting Warrant. (Warrant closes Friday, February 1st) o Lou Andrews of Fruit Street - spoke on behalf of the Ad Hoc Committee to Review Town Meeting Procedures, asking that the articles withdrawn at the Special Town Meeting be put on the Annual Town Meeting Warrant. He also spoke on behalf of the Natural Resources Trust in requesting that the Town be given the opportunity to vote at the next election on the Community Preservation Act and that it be placed on the Annual Town Meeting Warrant. He noted 35 towns have accepted the Community Preservation Act legislation, 24 will have it on the ballot this year, 34 failed last year-some of whom will vote again this year. Motion: To put an article on the Warrant to give the voters an opportunity to decide if they want to adopt the Community Preservation Act. (Wills-Donovan) 4-0 Passes Selectmen noted their willingness to give the voters the opportunity to vote on it by placing an article on the Town Meeting Warrant, but not necessarlÏy their support of the article. Putting the article on the Warrant will eliminate the need for 700 signatures to place the question on the ballot if it's approved at Town Meeting. Selectmen also discussed placing the articles of the Ad Hoc Committee to Review Town Meeting Procedures on the Annual Town Meeting Warrant under either the Ad Hoc Committee's sponsorship or the Selectmen's. Motion: To place the articles on the warrant (Donovan-McCue) 4-0 Passes Steve MacCaffrie of Mill Street - spoke about just being hit with the equalized tax rate and the Community Preservation Act now being another tax. He objected to the waiver of the ten signatures to place the article on the Warrant. He also spoke of his e-mail about the water service charge. He then proceeded to other issues of concern, starting with soccer and why, whey it was amended by Town Meeting, the amendment wasn't put into the contract. The Town Manager stated that contracts are negotiated and written by the Town Manager according to the Town Charter and reviewed by Town Counsel. Mr. MacCaffrie's issue was the vote that no child should be excluded because Town funds were being used for the ,r construction of the field. He also spoke about the Route 106 underpass, noting the comment was made a few weeks ago that we own it. He asked if anyone has proof Board of Selectmen Minutes of January 30,2002 2 r- of our ownership. He stated he cannot find it recorded anywhere. He suggested the State should have to prove that the Town owns it. Town Engineer John Sullivan saId he would contact MassHighway to get further information on it. Town Manager D'Agostino explained once again that we will not be paying for it and that the State and Federal Government have committed to funding the work. The Town does maintain and operate the pumps at the site. Peter De Tro/io of Elm Street - said the road was done by the Commonwealth. They knew they were would be water problems when they did the job and they came up with the idea of putting the pumps in there. He noted his belief that it would be a mistake for the Town to claim ownership of the roadway and become saddled with the responsibility for their reconstruction. r Representatives Betty Poirier and Michael Coppola were present to discuss legislative issues of interest. Rep. Coppola reviewed the State budget process and procedure. He spoke of it taking awhile before we're out of the revenue deficit. He noted the 2003 fiscal year budget now being discussed is the Governor's budget and is generally conservative. Although there's a 2.7'0 increase, it's falls far shorter than other years in meeting the needs of the Commonwealth. Lottery funds distributed throughout the Commonwealth are being level-funded. Mansfield did better than some communities in the area, with an 11% increase in Chapter 70 Funds. Rep. Poirier reviewed what Mansfield has received in State Aid from FY1987-FY2000 and noted her hope that the economy will start to turn around soon and improve the outlook. She stated her belief that the Governor's figures for Chapter 70 and School Aid are probably more optimistic than the final budget will be. She noted their desire to learn of the Town's concerns and priorities so that when they're debating the budget, our interests will be represented. Town Manager D'Agostino said we have funding needs for the Route 106 underpass, noting the structural integrity of the railroad overpass will be compromised if the necessary repairs cannot be done. He also spoke of the need for funding the "purple pipe" reclaimed water project to delay our need for expanded capacity. He spoke of his hope for receiving a grant award to fund a program of assistance in making home repairs for elderly and low-income homeowners. Rep. Poirier noted her communication to Congressmen Frank and McGovern regarding the Train Station and the Route 106 underpass being a priority. Town r Manager D'Agostino reiterated his concerns about the Train Station project, noting the present station was constructed as a "temporary" facility in 1954. He also Board of Selectmen Minutes of January 30, 2002 3 ;-- f pointed out the need to widen the platform and provide a safe environment for the 1700-1800 commuters who use the station daily, in addition to our commitment to provide additional resident only parking spaces to accommodate our residents. Selectman Donovan noted his concerns regarding the need for water and sewer as our facility serves not only Mansfield, but also Foxboro and Norton. r-- Selectman McCue asked Rep. Coppola to speak on the progress of a bill allowing Towns to freeze the taxes of seniors. Rep. Coppola stated he has not heard anything additional since he and Selectman McCue last spoke about it. He said he would follow-up on it. Rep. Poirier noted legislatively they are moving very slowly, with extended debate on many issues. Rep. Coppola stated there is a lot of support at the State House in assisting seniors. Once a question gets out of the third reading it moves to the floor for a vote, but typically goes back and forth between the House and Senate with amendments and refinements. Selectman McCue also asked if they believe we will be faced with budget delays once again this year. Rep. Poirier stated that would not happen this year, as it is an election year and will come out either on time, or certainly much earlier than it did this past year. Selectman Wills asked where Joe Sullivan, the House Chairman of the Transportation Committee, has gone with the issue of the underpass. Rep. Poirier noted his firsthand knowledge of the situation will be helpful when they are seeking State funds for the project and her hope that Kevin Sullivan, Transportation Secretary, will come to see it and become involved in it. Chairman Amoruso asked if the formula for student reimbursement has been revised, where it is, and how it's proceeding. Rep. Coppola said the Governor's figures are based on a new formula, but they do not have a revision of the seven- year formula yet. Rep. Poirier was not optimistic that the formula revision would happen this year due to the poor revenue expectations. Chairman Amoruso also asked what happened on the Special Education cap, noting he's heard that it will only apply to new special ed students-which is a big change from what we expected and will have a major impact on the School budget. Rep. Poirier said they don't have a House plan yet and they don't know what is being proposed at this point. Rep. Coppola read from the House summary of the Governor's budget relative to this issue. Chairman Amoruso suggested the need for infrastructure improvements, noting it's an area that gets overlooked in tough economic times-only to cost more in the long run as the roads fall into disrepair. Rep. Poirier noted the gains in road repair that have been made following a decade of neglect in the program. Chairman Amoruso ,- spoke of the School Street bridges that were done in plywood because they were only going to be "temporary." Concern was expressed regarding traffic patterns Board of Selectmen Minutes of January 30, 2002 4 r with additional development and traffic being re-routed during the repair of the Route 106 underpass. Police Chief Arthur O'Neill was called to the podium and advised that he was brought to the meeting under false pretenses. Representatives Betty Poirier and Michael Coppola presented him with a citation from the House of Representatives on his retirements as President of the Southeastern Massachusetts Police Chiefs Association. He was thanked for his contributions. DPW Director Lee Azinheira and Highway Operations Manager Mark Cook met with the Selectmen to discuss snowplowing and winter operational procedures. r Mr. Azinheira referred to the draft of the procedures that was provided to the Selectmen and the minor changes being proposed. These changes included a descriptive schedule of sidewalk plowing to be included in the operational procedures. An effort has been made to mitigate the disturbance to Fruit Street residents by increasing the number of centers where snow is dumped following removal from the sidewalks. Snowplowing contractors have been retained by guaranteeing minimums. This allows the contractors to cover the cost of the insurance riders they must purchase to allow them to plow. If they were not committed, we would not be able to get the roads cleared in time for schools and businesses to open. Selectman Donovan noted complaints about a section of sidewalk on Route 106 that doesn't get plowed and where there are many elderly residents living at Bicentennial Court. Mr. Cook noted the sidewalk is only four feet wide in that section and it's not possible for the plow to remove the sno.w""ithout tearing up people's lawns. The property owner generally clears that sidewalk. Mr. Azinheira reviewed other budgetary issues, such as the cost of salt and sand. Thus far this season we have had three plowable storms. Last year our supplies were totally depleted, which required the purchase of more salt and sand than usual. There is discussion at the Department of Environmental Protection (DEP) about eliminating sand and using only salt starting next year. Town Manager D'Agostino noted we are down to one sidewalk plow from our usual two. The anticipated cost to replace a sidewalk plow and the associated overtime and maintenance costs to operate the sidewalk plow are significant. Mr. Cook said he is r looking at an alternative at a cost of $75,000 that is half the cost of a new plow and will provide greater versatility, as the equipment can be used year round for Board of Selectmen Minutes of January 30,2002 5 r various applications. Most of the snow removal from sidewalks is within the two- mile radius of the schools. Selectman Donovan asked Mr. Azinheira about the condition of the dam behind the police station, noting he received calls from residents about the water level being so low that fish are dying on the banks. Mr. Azinheira explained the interim measures that have been taken to alleviate problems with the dam and noted we've had an extremely dry winter. Town Manager D'Agostino stated that in addition to a Capital Improvements Article, a citizen petition was also received today to repair the dam. r Mr. Azinheira advised the Board that Foxboro has not exceeded their allocation at this point and the Selectmen as Sewer Commissioners must decide whether to grant the transfer request for the Foxboro Public Safety Building now or wait until their allocation is reached. There will be a 13,648 gallon deficit in the amount needed to sewer the Public Safety Building and the remaining sewer flow in their Critical Needs area. The areas they are holding in reserve are included in the deficit. They're not requesting new flow, but rather a transfer of allocation from the Foxboro Company. Concern was expressed about Foxboro suddenly finding a new use or buyer for the facility that would require additional capacity if more of their allocation is transferred. Some of their allocated flow has already been transferred to the Hockomock YMCA located on Foxboro Company land. If the agreement we have with them continues to erode, we'll be in a situation where it will be necessary to expand our facility. They guaranteed they would not use their total capacity. They have the flow and they could use it without the need for a transfer of capacity at this point. The Public Safety Building is outside of the Critical Needs area, and the Brookside development will need the capacity at some point. It was noted that the numbers for Brookside appear to have changed. It was the consensus of the Board of Selectmen to have DPW Director Azinheira advise Foxboro to first sewer the Area of Critical Need to protect our wells before requesting transfers of allocation. r George Dentino, of Gladiola Terrace, commented on statements made recently by Selectmen at recent meetings and asked for accountability. The statements were as follows: Board of Selectmen Minutes of January 30, 2002 6 r- 1. "Numerou~ townspeople are getting sick and dying from drinking the water." (attributed to Selectman Donovan). He asked if Selectman Donovan has any information to substantiate this statement. Selectman Donovan said that area has bad water and people do get sick from drinking bad water and he thinks people should have good water. The Town Manager noted our water system is not causing cancer, but that area does has pipe containing transite asbestos. We're replacing such pipe with ductile-lined piping, and that was the genesis of the comment. Mr. Dentino stated we can't go around making statements like that unless we have proof. He noted comments such as that frighten people. 2. "It's impossible for the Town to level spend." (again attributed to Selectman Donovan). Selectman Donovan noted people get raises according to contract and insurance goes up. Discussion ensued as to the definition of "level spending." When fixed costs increase beyond 2 î % cuts have to be made. r 3. "Why is the Light Department putting cables in the middle of the road on West Street" (attributed to Selectman Donovan). Mr. Dentino asked why the question was brought up at the Selectmen's meeting instead of the Light Commissioners meeting. Selectman Donovan stated he asked the question in general because it was raised to him and Lee Azinheira was here, so he asked. Mr. Dentino said they go down the middle of the road because that's the only place they fit. Mr. Dentino questioned Selectman Donovan's motives in asking questions pertaining to the Light Department at Selectmen's meeting. Selectman Wills noted Light Department Director Jack Beliveau rode down West Street and when it was checked by Dig Safe, the gas pipes were along the side. That is why they went down the middle of the road. 4. Mr. Dentino then referred to an article about the Reading Light Department and Selectman Donovan's comment that "Thank God we've got the Town Manager overseeing our Light Department or the same thing could happen to us." Selectman Donovan noted it was an on-going investigation and the Auditor found the Reading Light Department doing things wrong. Mr. Dentino stated his concern about the innuendo implied in associating his comments with the Mansfield Light Department. Chairman Amoruso asked why this line of questioning was being done before the Board when Mr. Dentino could ask Selectman Donovan these questions directly. Mr. Dentino said he spent considerable time looking up things at the Light Department as a result of Mr. Donovan's innuendo. r Mr. Dentino then touched on the excise tax issue of Transport International Pool and Mr. Clemmey's comment that it was being taken care of by the Treasurer and Board of Selectmen Minutes of January 30, 2002 7 r r r--- the Deputy Co\lector. He stated this involved a license renewal and that was given as the reason for Town Counsel being present to give his opinion. He noted the opinion could have been given just as easily over the phone for $20 instead of having him here for $300-$500. Chairman Amoruso noted the entire Board wanted his advice on the issue and wanted him available for additional questions that may have arisen, and that's why we had him at the meeting. The need to have Town Counsel present for the alcohol violation hearings was also questioned. Town Manager D'Agostino noted the Police Department conducts the investigation. There is a need to keep the investigative unit and the prosecutorial unit separate. Selectman McCue noted if a defendant admits to sufficient facts, such a situation can be avoided. At this point we don't have a procedure that will aI/ow us to do so. Chairman Amoruso noted spending time at seminars on how to protect the Town from litigation and learned that it is not the best Idea to have the police both investigate and prosecute. He noted in liquor licensing matters, peoples livelihood is involved, as is the safety of the public. When comments are made that are libelous, we end up violating somebody's rights and paying more in the long run. The Town Manager noted that in these situations the Selectmen are acting as judges and cannot also act as the prosecutor. Selectman Wills commented on Selectman Donovan's comment about "it's a good thing the Town Manager is watching" when referring to the Reading Light Department. He noted that Light Department Director Jack Beliveau is an excellent employee and it was Mr. Beliveau who brought to light the status of the payment in lieu of taxes situation (PILOT). The Town Manager noted he was the one who appointed Mr. Beliveau as Director of the Light Department and he also believes he is an excellent employee. As the Town Manager and the Manager of the Light Department, he has to look out for both. In light of "report cards" given the Selectmen by Mr. Dentino in recent weeks based on their performance, Selectmen took the opportunity to grade Mr. Dentino's presentation, giving him in the range of a "B" for his presentation to the Selectmen. The Town Manager: · Announced our Public Library is conducting a survey of people who use the library in an attempt to improve their service to people with disabilities. He encouraged residents interested in participating to do so. Board of Selectmen Minutes of January 30, 2002 8 r · Addressed last week's question about the updating of the Master Plan and read briefly from Mr. Burke's memo about the Planning Board's discussion and decision. It is the recommendation of the Planning Board that at this point the expense and time to do update cannot be justified and we should continue with the implementation of the 1996 Master Plan. · Announced we have recently been CORI certified to obtain relevant background checks for licensing and employee screening in particular situations. He noted he as Town Manager is the one certified and is not able to share that information unless the Board is also certified to receive that information. He asked their desire regarding the handling of the matter. Chairman Amoruso noted the need for continuity should a Town Manager leave. It was suggested that in the absence of an Assistant Town Manager, the Selectmen's Secretary be designated Motion: To have the Town Manager's and Selectmen's Secretaries become CORI certified. (Donovan-McCue) 4-0 Passes r- · Gave a status update of the Bike Path project, noting a phone call was received from MassHighway advising us they have accepted the 100'0 design plan. May 18th may be a target date for advertising the contract, with documents to follow about six weeks later. Projected start for construction would be the Fall of 2002. · Advised the Board we have a draft warrant of 43 articles and asked that they vote to close the Warrant as of noon on Friday. Motion: To close the Annual Town Meeting Warrant at noon on Friday, February 1st (Wills-Donovan) 4-0 Passes · Asked them to review the warrant and let him know if there are additional articles they would like to see on it. He noted the Airport Commission is asking for an article to be placed on the warrant to establish an enterprise account for the financing and operation of the Airport. Chairman Amoruso suggested it be put on because the Airport Commission as a board requested it. · Received a communication today from Congressman Barney Frank regarding the Train Station. On January 31st there is a pre-construction conference and he has put together a letter supporting the project for State funding. r · Southeast Regional Health Group will be evaluating proposals for health insurance premiums for the coming years. An increase of $982,000 is Board of Selectmen Minutes of January 30,2002 9 r- anticipated. ~e will be reinstituting an advisory committee comprised of union stewards and others. . A drought warning has been received from DEP, stating conservation measures must be instituted as soon as possible and written drought action plans must be filed with the State. Selectman Wills: · Asked the Town Manager if we should consider extending the time of the warrant closing. He agreed, noting if it's extended from February Jft to March Jft, it gives us more time to determine our needs. An article will be added to the warrant for consideration at the Annual Town Meeting in April. · Asked for an update regarding the trailers in Industrial Park at Forbes and West Street that Mr. Clemmey reported. Staff is investigating and a report is expected next week. The issue is to treat everyone equitably and there may be additional situations that have to be addressed. r Selectman McCue: · spoke regarding on-line voting and noted speaking to the representative of a company at the MMA Conference that conducts virtual town halls. He said it's feasible-the technology is out there-- and was eager to help us at a significant price. Selectman McCue: · Reported meeting with representatives of surrounding towns at the MMA meeting and discussing regional school issues. He said he would still like to put together representatives of the towns to discuss other issues. The Town Mnager will follow up on this. r · He was contacted to serve on the Board of Directors of Vision 20/20 but doesn't know if his time will allow. Chairman Amoruso suggested he speak with former Selectwoman Dianne Royle, as she was previously involved with Vision 20/20 and could offer him insight regarding the time commitment needed. Chairman Amoruso: Board of Selectmen Minutes of January 30, 2002 10 r- · Announced he is having surgery next Monday and will not be at either the Light Commissioners or Selectmen's meeting next week. He noted Vice Chairman Wills will be serving as Chairman of both Light Commissioners and Selectmen next week. · Reported receiving a letter from the chairman of the Norton Board of Selectmen. They are hosting the Spring Bristol County Selectmen's meeting, and requested Mansfield's representation at a planning meeting to be held on Wednesday, March 6th. There will be a workshop on Chapter 40B and determination of speakers for spring meeting. He suggested a staff person and board member should go. Motion: To adjourn at 10:55 p.m. (Wills-Donovan) 5-0 Passes ,---. / ?ÆbÆ øl Signature of Clerk /3 re6 c:J~ Date of Approval r Board of Selectmen Minutes of January 30,2002 11