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HomeMy WebLinkAboutmin brd of selectmen 01/02/02 '. r') Board of Selectmen Minutes of January 2, 2002 Pf:"I"r.ï\!I"D ¡\.-'A. 'tt r i~" " ,-" ... ,'" 111- F I C... ; ',.:! i";- r --' ~ ''", ~_ ¡. - t. 02 JAN 14 PH 3= 06 ¡,j,' Ii "OLD "'ä¡--J>, ¡;¡ {¡ t.. MASSA.CHUSETTS Present: Chairman Louis P. Amoruso; Vice Chairman Bradford E. Wills; Clerk Michael W. McCue; and 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. · Warrant No. 27 in the amount of $1,805,753.72 Motion : To approve (Donovan-Wills) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes r · Warrant No. 28 in the amount of $2,297,083.09 Motion : To approve (Donovan-Wills) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of December 19, 2001 Board of Selectmen's meeting Motion : To approve (Wills-McCarter) 4-0-1 with Clerk McCue abstaining Passes The following renewal license applications have been reviewed by the appropriate department heads and are presented for the Selectmen's review and action: Class II Auto Dealer Transport International Pool, 390 West Street - $38,535.68 plus interest in overdue excise taxes have been turned over to the Deputy Collector for collection. Was approved on December 22nd subject to the payment of taxes by r¡ the end of the calendar year. Payment has not been received as of today. Board of Selectmen Minutes of January 2, 2002 1 r The license is therefore not in force and the enforcement officer will be notified. Fortune Teller Jacquelyn Tennis dba Alana Palm & Card Reading at 376 Chauncy Street Motion : To approve (Donovan-Wills) 5-0 Passes Check received from a donor who wishes to remain anonymous to be credited to the Mansfield "Senior Citizens' Gift Account" in the amount of $1,570.93 Motion: To accept the donation of $1,570.93 to be used for the Senior Citizens' Gift Account - with thanks (Wills-Donovan) 5-0 Passes r Followup memorandum from DPW Director Lee Azinheira regarding the proposed crosswalks at South Main Street/Webb Place and Cobb Street. Selectmen voted previously to proceed with South Main Street/Webb Place, but tabled South Main Street/Cobb Street for additional information. The Board took no action on the matter. Karl Clemmey, 750 South Main Street - asked to be on the agenda next week to discuss his projects; asked why nobody was appointed to Planning Board; noted his shock at the response to questions and comments over the last few weeks, stating it's important for people to participate and is a benefit to the town. He objected to the suggestion that it be cutoff and took exception to the Town Manager "threatening" a restraining order. He spoke also of accusations made as to how executive session minutes were obtained and defended George Dentino's integrity and sincerity. Suggested the Town stop with the "endless checkbook" and cited examples of what he believes is wasted time and money. Announced that his amount owed in the recent lawsuit that was awarded by the jury was recently reduced and his son's amount of responsibility was increased. Noted working with eight Town Managers and stated the present one is the worst; read the oath the Selectmen took when being sworn in; suggested they start doing their jobs. r Steve MacCaffrie, Mill Street - noted his visit to the meeting four weeks ago when it was suggested he go back and do his homework. He stated his belief that three Board of Selectmen Minutes of January 2,2002 2 r people, including himself, were singled out in the Town Manager's e-mail regarding information requests. He asked for an apology, noting that in five years he's requested information only four times. Mr. MacCaffrie spoke of several questions he's asked over the last few weeks and objected to suggestions that questions and comments be modified. Because an e"mail singled out him and two other people, he asked that another e-mail be sent out taking their names off any list. r Peter DeTrolio, Elm Street - asked if the Board is thinking of eliminating questions and comments. Chairman Amoruso noted the discussion has been how to better manage it to accommodate the needs of people coming before the board with scheduled business. Mr. DeTrolio spoke of it being instituted by Larry Harrington and John Dunn-former selectmen-because he was on the agenda every week asking a few questions. He pointed out it's a democratic process that allows citizens an opportunity to express their opinions directly to the full board. 0ce Chairman Wlïls showed an artICle from the Easton Times noting they have reinstituted questions and comments. Chairman Amoruso noted at the last Massachusetts MunICipal Association meeting, in a talk on "how to run a good meeting" the speaker spoke against aI/owing questions and comments. Mr. D'Agostino noted the Open Meeting Law allows for publIC comment during a publIC hearing process. Selectman McCarter pointed out that questions and comments survived during the Great Waves debate and suggested it would probably survive this time also. John D. Stitzer, Jr. of Bohler Engineering presented the request, explaining this is a modification to the license granted to Mobil Oil Corp. on February 1, 1989. They will not be increasing the underground storage capacity, but are proposing to convert one existing 10,000 gallon tank from gasoline to diesel fuel storage. They also wish to update the license to reflect the previously removed 1,000 gallon fuel oil tank. The application reflects the reduced storage capacity to 41,000 gallons. Clerk McCue read the advertisement of the public hearing as it appeared in the Sun-Chronicle. Motion: To open the public hearing at 8:16 p.m. (Wills-Donovan) 5-0 Passes Mr. Stitzer noted they are requesting a modification of the existing license that allows 4 10,000 gallon storage tanks for gasoline. There are also two other tanks r currently on the existing license - 1-1,000 waste oil tank and 1-1,000 fuel oil tank. The fuel oil tank has been removed and they will have 1,000 gallons less. Also, one Board of Selectmen Minutes of January 2, 2002 3 r of the 10,000 gallon storage tanks is being converted to the storage of diesel fuel, which is less volatile. The tanks will not be touched or removed, but the manifolds will be modified to accommodate the change with a simple excavation near the tank. The piping is already existing. Up until approximately this time period they have been providing three octane levels of gasoline. They will be converting to two levels (87 and 93) with the fuel line for the former mid-grade level of 89 octane being used for diesel. The tank will be drained and cleaned, with a manhole providing access to the interior of the tank. Selectman Donovan suggested they have the Fire Department present during the purging of the tank. Motion: To close the public hearing at 8:23 p.m. (McCue-Donovan) 5-0 Passes Motion: To approve the license (Wills-Donovan) 5-0 Passes Chairman Amoruso noted the process used in the evaluation, with each member r preparing an evaluation and the results being compiled by him. The average this year was 3.5 on a rating schedule of 1 through 5. He reviewed each section, allowing for comments and input. He also suggested adding sections to evaluate goals and objectives set. Section 1: Legislative Relations - 3.5: Selectmen noted the excellent job he did at the State House in getting the new well permitted. Selectman McCarter also commended him in getting through the morass, noting he was always well prepared and did a good job working at the State level. He pointed out that Mr. D'Agostino has the respect of our legislators and spoke of the improvement in the Town Manager's relations with the School Department. He was also commended for his preparation and presentation at Town Meetings. Section 2: Public Relations/Communications - 3.7: Selectman Donovan noted hearing no complaints. Selectman McCarter spoke of the Town Manager's ability to carry-on a presentation, sometimes extemporaneously, at major presentations. Based on recent feed-back, the handling of public information requests/complaints, will need to be worked on. r Section 3: BudQet Preparation and Administration - 3.3: Selectman McCue noted good budget preparation, with the result being we were conservative and ended up in much better shape than many area towns. Selectman McCarter spoke of the Board of Selectmen Minutes of January 2,2002 4 r good shape we're in as a town, and the wisdom of money put into stabilization. His responsiveness to the Board's fiscal concerns was also noted. Section 4: ManaQerial Skills - 3.3: Selectman Donovan commended him on his ability to work with his department heads and noted he deserves a "5" on that. Selectman McCarter noted having to please five selectmen in addition to all of the townspeople is always difficult and he has done a good job with it. The spirit of cooperation among the departments has improved in the last few years and the Town has benefited from it. Selectman Donovan noted the weight the Town Manager carries for all the departments. Clerk McCue spoke of the respect he has from his staff. Chairman Amoruso noted the caliber of people hired by the Town Manager has been a major benefit to the Town. Selectman Donovan commended him for putting a cap on the amount that can be spent at conferences, etc. Section 5: Direction/Supervision of Town Organization - 3.6: Section 6: Personal and Professional Growth of Town ManaQer - 3.6 It was noted that Mr. D'Agostino attends educational development programs around the state and makes sure his staff does also, and he is very well respected throughout the state. Chairman Amoruso commended him on this, noting it was one r of the goals set from last year. Section 7: Overall RatinQ - 3.4: Selectman McCarter suggested there can be some improvement on issues we've had recently, such as the dissemination of information, but noted the Town Manager is willing to take a chance for the common good and does a good job at providing for the needs of the Town without getting discouraged by the politics of the various situations. Clerk McCue spoke of the Town Manager taking responsibility for the trash contract, noting "the buck stops with him" and pointed out that most things have gone very well. He was encouraged to stay focused and continue to work on the development of the Train Station. Selectman McCarter noted relationships with department heads have been improved and he should keep up the good work. Vice Chairman Wills noted he did not give the Town Manager a good rating overall, noting their communication has broken down over the past year. He spoke about notes he made at an MMA seminar last year, noting his disappointment with the way John communicates with him and stating he gave him alii's on the evaluation. He spoke of learning at the seminar that when you have an employee at-will, his/her hours should always be documented. He also took the Town Manager to task for the Route 106 construction project, the handling of the trash contract, r communication with him as Chairman of the Light Commissioners, the lack of implementation of the police management study, and noted his general Board of Selectmen Minutes of January 2, 2002 5 r o I~' disappointment with the Town Manager's performance and their deteriorating relationship. Selectman Donovan spoke of his disappointment with Vice Chairman Wills' evaluation and took exception to comments made by him. Selectman McCarter, speaking of the trash contract, noted it was a difficult situation that in hindsight could have been handled better-but that's why we don't have eyes in the back of our heads and we can only look forward. It was noted that we are one of very few communities that pick up everything at curbside. The Town Manager reported the police management study has been implemented in many areas, and there are other issues requiring change that are on-going. Some of these are cultural issues and others are union matters. Selectman McCarter noted the last time around he voted for the Town Manager's renewal but not for his raise, pointing out Mr. D'Agostino never exhibited any vindictiveness as a result of this and did not take it personally. Goals and Objectives were then discussed, with the Town Manager taking the lead. He said we would be working toward the development of a GIS system to identify every parcel of land in town and all the information regarding the property. He spoke of it being a difficult budget year, with the goal of balancing the budget while maintaining the level of service the residents of Mansfield are accustomed to. He noted it may be difficult to do so without going into the Stabilization Account. He stated his agenda is about families and the children of the community. The senior citizens of the community also need services and attention and we need to continue to meet their needs. He spoke of the tax initiatives that have been instituted to assist them. He came to the community when there was a $32 million override commitment made by the community that added over $2 to the tax rate. There were needs that needed to be addressed and there continue to be other needs, such as water quality, that should be addressed. He believes the field development has been good for the town and has been capitalized with the assistance of the DPW involvement. He spoke of the need to explore the use of credit cards and to find ways to pay the fees for doing so to make it easier for residents to pay their bills. We are making a commitment to bring more information of the Town to the internet to assist the residents. The Town Manager also spoke of the need to go forward with a bond issue, when we retire the current bond in two years, of between $3-5 million to improve our infrastructure- roadways, sidewalks, and sewer reconstruction. Other goals include implementing a reclaimed water system to be used for irrigation purposes; looking at the footprint of the landfill and finding out what the boundaries are so we can move forward with a multi-purpose area for a composting area and skateboard park; and developing a firing range for the police officers. The home improvement grant program, if awarded, will provide funds for senior citizens to upgrade their homes. Board of Selectmen Minutes of January 2,2002 6 r- Comments of Board Members: Vice Chairman Wills asked if we have clean water or dirty water. He stated he wants to see a gallon of "dirty" water that Water Operations Manager Kurt Gaffney has collected the day of the meeting from someone's tap who has complained about the water. Selectman McCarter noted the intent of the enterprise account was to provide a treatment plant-but wished it would cost less than it will. He noted his concern is always on financial issues and pointed out the need to get the Town employees' health insurance costs under control. He said he would also like to see us re-focus on the Train Station and related parking issues; the Rails-to- Trails program; attracting businesses to increase our tax revenues; and developing the bio-technology zone. Clerk McCue noted the one goal he planned to suggest was improved marketing of businesses to come into the town to stay ahead of the competitive curve. He suggested greater involvement of the Industrial Development Commission and offered his willingness to work with them to reach their goals. Mr. D'Agostino suggested establishing a business/industrial ambassador program with individuals from the community courting other businesses and meeting with them when we have a lead. Vice Chairman Wills suggested no new projects be done unless they are supported unanimously by the board. Selectman Donovan noted the Board operates by a majority vote. Mr. Wills stated if someone cannot convince all the members of the r board of a project's benefits, then the project is not in the town's best interest. Mr. Wills also suggested sidewalks be a priority. The Route 106 railroad bridge and the problems relating to the underpass were discussed, along with the politics involved in getting improvements made. ChaiMnan Amoruso said he would like to see the customer service improved to the residents and taxpayers, presentation of a budget that's conservative without negative impacts, the implementation of the use of credit cards, increased aid to those most negatively impacted by the increase in real estate taxes; continued work to improve dissemination of budgets and projects for the Annual Town Meeting. Selectman Donovan asked if there could be a change of policy of the program for the elderly to allow the time he is eligible for due to his age, to be donated to someone else because he cannot utilize as a Selectman; freeze taxes for some residents when they turn 65 and have no income. Clerk McCue noted there is a bill on the Hill now that is in it's third reading and suggested we invite our State Representatives to come in and discuss some of these issues with us. Vice Chairman Wills said he would like to see a new multi-purpose community center built. The Town Manager noted the difficulty in accomplishing this with a level- .~ funded budget and no new projects without the unanimous support of the board. Board of Selectmen Minutes of January 2, 2002 7 (' The Town Manager: Will be meeting with staff tomorrow and with Mr. Montgomery on Friday regarding the Tweeter Center license. He stated he would like to work on reducing the dB levels in the new lawn area and also would like to know what Tweeter's evacuation plan is in detail. After Friday's meeting a draft license will be prepared for the Selectmen's review on January 9th. Selectman Donovan noted complaints about litter in the surrounding neighborhood during last season. 0ce Chairman Wills suggested the overtime fines be increased Chairman Amoruso spoke of his concerns regarding the sound issues. The Town Manager spoke of a second standard regarding ambient noise going over 10 dB's. Selectman McCarter mentioned past discussions about putting noise monitoring equipment of our own down there to provide independent information. Clerk McCue suggested a regular sound report from Tweeter become part of the license requirements. Fine schedules for noise violations were suggested r Three or four communities have indicated an interest in meeting with us regarding the formula for Southeastern Regional School District assessments. He recommended holding the meeting on the Friday of the MMA Conference at 4:30 p.m. for about an hour. Chairman Amoruso suggested limiting it to 45 minutes. He also expressed concern because that number would not constitute a majority of member school districts. It was the consensus of the Board to go forward with the meeting with the agenda established Is scheduled to meet Tuesday, January 8th at 2:00 p.m. with a consultant in the cable television industry who contacted him to assist in exploring options of going with another cable carrier. Budget will be available Monday, January 7th, for the Board's review. The budget will be preliminary. The Police Department's budget is interesting and will be looked at closely. We expected to hear around Christmas regarding the grant application for the Home Improvement Program. We haven't heard anything yet, and are still hoping to get funding. .r-- Selectman Donovan: Board of Selectmen Minutes of January 2, 2002 8 r Spoke of an award for traffic and public safety among Bristol County communities given to Ptlm. Lance Lawson by AAA. Selectman Amoruso: Said he read in the newspaper that the Rails to Trails project has been further postponed. Were still on the TIP and are st/Ï/ in line for funding. It's going slower than we wished it would, but groundbreaking should happen in the spring. Stated he's also heard Fisher Richardson House may not be funded sufficiently to accomplish the necessary work. The timeframe is tight and we may need additional funding. There is great concern on the part of the Historical Commission as to the condition of the building and if there will be suffICient money to do the work If the consultant we hired for $20,000 is way off the mark on the cost of the work to be done, there should be some re-dress. Selectman McCarter: Spoke of the alleged liquor violation coming up, noting the Board needs to decide if we will be using Town Counsel and, if not, decide who will be presenting the r case. It was the consensus of the Board to have Town Counsel present the case. Motion: To have Town Counsel present the case (Wills-McCarter) 4-1 with Selectman Donovan opposed Noted he would like to have the Fire Chief in to discuss whether we have adequate staff. There is a collective bargaining issue and the Chief has been asked to provide a memorandum regarding public safety. Selectman Wills: Asked about a motor vehicle violation on a DPW truck, questioning if loads are covered properly. It was half covered because the cover was torn. We will challenge the fine in court. Asked what we're doing at Hercules landfill- Testing -report in reading folder. Selectman Donovan left the meeting at 10:20 p.m. Selectman McCue: Stated he would like to invite our State Representatives in to discuss our concern about redistricting and the bill that is currently in limbo. He suggested r it would be appropriate for the invitation to come from the Chairman. Board of Selectmen Minutes of January 2, 2002 9 r r r < Advised the Board that he will not be present on January 23rd. as he will be in Texas on business. Thanked Rick Foster for the article advising residents of the abatement program available. He noted he's also spoken to seniors about the programs they're eligible for and stated we need to get the word out even more. Selectman Amoruso: Spoke of the letter he drafted to send to our cable service provider indicating we're going to take liquidated damages. He asked that it be put on letterhead and sent, at the concurrence of the board. Motion: To adjourn at 10:25 p.m. (Wills-McCarter) 5-0 Passes /J~4 / Signature of Clerk r¡ J)¡1/ (}9. Date of Approval Board of Selectmen Minutes of January 2,2002 10