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Home My WebLink Aboutmin brd of selectmen 09/22/04 \ ............... ...t... f . c· (';- ¡ \ ¡ E- ~ .... .... "', '. ¡oJ 1'1..' 'l.t/:~,; Ii: U ;--"'~ (jÇ'F'¡C'E . : i, '.... \j Ie . " j'¡j.. ¡ELl) MP\SSt,CHUSETTS Present: Chairman Steven W. MacCaffrie; Clerk Bernard J. Dolan; Selectman Louis P. Amoruso; Selectman Michael McCue and Town Manager John O. D' Agostino Board of Selectmen Meeting Minutes September 22, 2004 ;; ,1 'SfT 30 A~11O: Z 1 r The meeting was called to order at 7:30 p.m. The Pledge of Allegiance was recited. Steve MacCaffrie issued an apology for his comments during last week's meeting and stated that he had not intended to offend anyone. Weekly Business . Warrant No. 13 in the amount of $3,240,594. 16 Motion: To approve (Dolan! Amoruso) 4-0 Passes MacCaffrie had one stipulation that is being looked into by the Treasurer's office. r . Minutes of September 15, 2004 Motion: To approve as amended. (Amoruso/MacCaffrie) 3-1-0 (Mike McCue abstained as he was absent) Passes Licenses and Permits None Correspondence · Invitation from United Chamber of Commerce for Thursday, September 30, 2004 Mike McCue to attend as representative, as well as John D'Agostino. · Thank you note from Mansfield Retiree Assn regarding health insurance costs being kept within their means. · Senior Law Day at Attleboro District Court on Friday, October 1,2004,9:30 am Mike McCue asked if anyone had ever gone and stated he might go if there is any value to it. Selectman Dolan asked if there is a bus that could bring the seniors and John D'Agostino said Gail Farrugia from the COA would be coordinating the trip through GA TRA, and he will inquire about the transportation issue. · A request from J&R Graphics, Inc to be added to bid list for Annual Town Report and Finance Committee Report. r Board of Selectmen Minutes of September 22, 2004 1 r · A request for a 'Deer Crossing' sign and speed bump be placed on Coach Road from Carol and Edward Shiffer, 9 Coach Road. Chairman MacCaffrie stated speed bumps are illegal on public roads except in Lincoln, Mattapoisett and Cambridge. The sign request will be referred to the Traffic Control Officer. Motion: To refer to Lance Lawson, Traffic Control Officer, for review. (Amoruso/McCue) (4-0) Passes . Block Party Request on Cherry Street from Claudia and Rick Rys for October 2, 2004 from 2-9 p.m. Motion: To approve with proper signage and emergency access. (Amoruso/McCue) (4-0) Passes Town Manae:er and Staff · Memo to John D'Agostino from Supt. of Schools John Moretti regarding concrete pads in the End Zone of the Midget Football Practice r- · Airport Commission memo regarding problem with Verizon install of utility pole dated September 13,2004. Chairman MacCaffrie stated he had questioned if that pole was going onto the Right Of Way (ROW) across there and had been told yes. John D'Agostino said it was to go along the ROW but the airport needs to know for height issue for the beacon tower. MacCaffrie said that should have been picked up by the staff during the routing process. John D'Agostino said the issue is resolved and the pole is now up. Per the Chairman, the Airport Commission will be added onto the routing slip if a pole is requested on their property by Verizon or Mass Electric in the future. · Airport Commission letter to Eric Baldwin, Director of Operations, Deutsche Bank Championship, regarding the blimp that was used during the recent golf event, dated September 9,2004. One month prior to next year's event, the Airport Manager David Dinneen asks that the Commission be presented with a plan for tethered blimp operations and positions. · Letter from Penney Engineering, dated September 14, 2004 regarding stockpiling at Plymouth Athletic Fields. This was previously discussed by Town Manager last week. · Letter to Attorney Mangiaratti, dated August 30th, from John D. Sullivan, Jr. regarding Traffic Control Agreement for Route 106 (Hope Street to Flint Farm). r- · Proposed by-law changes on motorized/gas powered scooters. This issue was previously discussed. Board of Selectmen Minutes of September 22, 2004 2 r r r Town Managers Report . HUD restructuring for affordable housing: John D'Agostino spoke on the town's recent receipt of notification of rental vouchers and that HUD is restructuring the metro-Boston market and as a result, Mansfield may be shifted to the New Bedford market. This will affect landlords and his opinion is that it will have adverse effect on the Town's 10% quota of affordable housing. HUD's opinion is that this would realign their markets to more accurately reflect area pricing and will also affect the quota with the Housing Authority, i.e. the unit will be reimbursed but there will be little incentive for landlords to rent to low income families because reimbursement vouchers will be exceedingly low. HUD notified the Town late; Mansfield only received this notification 4-5 days before the end of the comment period, however, the deadline has been extended another 60 days, with 45 days remaining before the deadline closes. (Mike Forbes will provide comment) Selectman Amoruso said this would affect the Chapter 40B projects under review and will affect the business plan of the developers. Further, Selectman Amoruso did not think Mansfield is in the same financial market as Boston - but more in line with neighboring towns. The question becomes how good a quality will the construction be for elderly and young people in the town that would still be affordable if it's not financially feasible to rent to low/moderate income households. John D'Agostino agrees that this is a huge concern. Economic incentive will adversely affect the landlord and if the subsidy is cut in half this could affect the 10% affordable threshold. The Town Manager has sent a memo to the Affordable Housing Task Force committee (Ron Webster, Judy Martone) and a copy to the Housing Authority as they deal with the majority ofthe housing issues. Selectman Amoruso asked if the Board should invite the committees to a hearing on the matter? It was decided to schedule the issue on October 6th Board of Selectmen meeting to solicit input and public comment at a public hearing to be advertised. The Zoning Board of Appeals and the Planning Board will be invited. John D'Agostino will ask Mike Forbes and his clients and send an open invitation to other committees and our State Reps will also be invited to the meeting. . Additional state aid - $200,553K - the Chairman must sign a statement that the funds are a one time appropriation - one time - not reoccurring - the schools are requesting additional 180K for collective bargaining - if we can afford to do this we would do it. It does not appear that we will have free cash at this time. He cautions the Board of Selectmen that these funds are one time revenue sources and they should not be used for reoccurring expenses; John will ask the board to sign this acknowledgement. If the town decides to use this money (at a town meeting) Chairman MacCaffrie asked when the agreement was made in their contractual agreement - were we attempting to make up for the insurance differential? John D'Agostino said in the first year we would realize minimal savings (it is now $550K) Board of Selectmen Minutes of September 22, 2004 3 r 70/30 split will still be there - but with the increase next year in insurance for the operating budget. It is not one time only. As Chair, MacCaffrie said he gave his word that we will sit down and do something with collective bargaining costs for the School Department. The Town Manager stated he does not disagree but we need to look at the issue and could deal with it more effectively at the annual town meeting in April. To hold a Fall town meeting which will cost between $4-5K to spend the little free cash we have, which is not certified from DOR, the Town Manager cannot be held to these numbers - they are preliminary. r John D'Agostino spoke on the ever-changing landscape of health insurance. Southeast Mass Health Group (SEHG) now has 5500 members, with a projected rate increase of 14% that will affect both the town and the employees and the retirees. We need to change our product and look at different health care options for the future (the members do not really understand this aspect). He noted future plans will have higher deductibles, flexible spending plans and health care savings agreements. These are allowable by federal government and they have also gone to the public sector. There are plans in place for health costs through retirement. The problem is that unions have a right to negotiate these changes. The new plans will have competitive pricing for premiums, debit cards, higher co-pays, etc. Some plans do not carryover year to year. John D'Agostino hopes to have discussions to contain projected costs in health care. We will meet with the insurance advisory committee. If we change the current health care plan which is in place now, it will mean the Town Manager will have to negotiate individually with 12 unions and will take a large amount of time but will be a significant savings. John D'Agostino informed that he is the new Chair of SMHG. Selectmen's Old Business · Selectman Dolan had none. · Selectman Amoruso had none. · Selectman McCue spoke on the issue of obtaining examples of liquor licenses from other towns. He is following up on Brookline at this point. · Chairman MacCaffrie attended the DAR banquet on Friday, September 17th to present a Proclamation and noted there was a large turnout of dedicated women with an extensive knowledge of the Constitution. The Chairman then noted Town Manager John D'Agostino's birthday and best wishes were expressed by all. Selectmen's New Business · Selectman McCue mentioned the benches at the Train Station need to be refurbished, or replacements are needed. He is concerned about the liability issues. The seniors have asked him to look into this. r Board of Selectmen Minutes of September 22, 2004 4 r r r John D'Agostino stated they have salvaged old benches and he has spoken to Frank Gay, GA TRA. They may refurbish the old ones and placed them into concrete. An RFP involving the canteen at the station and an agreement on the clock from MBT A is in process. There will also be an RFP for an A TM machine to be located at the station. The issue of the lights needing to be replaced every night is being looked into by GA TRA. . John D'Agostino spoke about the $225K one time state aide appropriation that has been discussed by Mass Municipal Assn (MMA) and it is felt that a request for signature on the document is politically motivated by the Legislature. Selectman McCue does not like this and feels it is disingenuous. Mr. D'Agostino noted that we have gotten this before but it is for a 'one time only' appropriation. Board of Assessors: Mike Eagan, Chairman and John McNair, member, presented. Chairman MacCaffrie welcomed them and asked for a brief overview. First, Mr. Eagan noted that they are 'wrapping up' the interview process for the office manager replacement. There were 147 applicants and they have chosen a small core of applicants already interviewed to come back and interview with the Town Manager. The certification process is due for Mansfield this year (where communities require revaluation by the state). The state's workload is tripled, thus they are backed up. Mr. Eagan reported that he called Boston today for a status update (after a month) as nothing is yet back from Boston. Regarding the operations downstairs, both Sue McGinley and Sue Sellon have done a great job. They are all looking forward to having the new person start. The focus is to get the tax bills out and once the candidate is identified, they may need a month to wrap up their current position so the office may be fully staffed by the beginning of the year. The Chairman said some communities have a split rate for classification of property valuation purposes. Mr. Eagan replied that the general business climate is lukewarm - residential growth is 30%-50%. During this period between state audits, communities are required to make interim adjustments and the assessors are looking to balance this out in communities and have the classifications balance. Chairman MacCaffrie does not want to put small businesses out of business. Mr. Eagan is hoping for a balanced shift to avoid having small business go out of business. Selectman McCue is also against a rate that would force small businesses out. Mr. Eagan then stated that in Boston the corporations are in trouble and if too much pressure is put on them, they might cut back on their employees and or what they give back to the communities. Mr. Eagan said a straw poll was taken amongst his board and the single rate is favored. He explained that some of the houses in Mansfield went up 50% in value during the last few years. He wants to keep the ratio 75/25 (homeownerlbusiness). They need to look at the resources: schools, etc. as businesses cannot support as they formerly did. John McNair mentioned that seniors will be priced right out and the elderly cannot do anything about it; the board also needs to be careful of the businesses. Selectman McCue hoped to get the answer about the state's definition of a small business and the specifics about tax classification as he feels the state has guidelines. Mr. Eagan will get a memo about this issue to the Board of Selectmen after some research. Selectman Dolan also thought the Board of Selectmen Minutes of September 22, 2004 5 r parameters might be specific for businesses, etc. If the burden is too much - he did not want to "miss the boat" The DOR will have the information and Chairman MacCaffrie asked for any help we can get on defining the issue. He then thanked Mr. Eagan and Mr. McNair. r Finance Committee: Andres Gazzolo, Chairman; Michael Sams; Jack Goldberg, Charlene Lavin, and Jess Aptowitz presented. Chairman Gazzolo prepared a statement that highlighted a recommendation that came from the work recently performed at the Light Department; that the appointment of a committee that would serve and advise the Board of Selectmen in a capacity similar to a corporate audit committee for governance and audit issues for the entire Town of Mansfield. In general, he is looking forward to tomorrow night's Comprehensive Waste Water Management Plan Workshop. There is one issue pending; the committee had provided proposals to Light Department employees on June 3rd and has had no response as yet from Gary Babin. John D'Agostino said Gary was waiting for something from Jack first. The suggested proposal of forming an audit committee for the $65M budget would benefit the residents of Mansfield with more professional oversight. The current financial controls now include two separate audits and as a result, the Light Department employees were engaged in conflict, audit services were delayed and the propriety of our finances were questioned. The money that was spent on their independent audit could have been avoided. With an audit committee these things could be handled in a more timely fashion without the conflict and delays. The Audit Committee would be the only ones to audit the audit firm, oversee the fees, resolve disputes about accounting procedures, draft finance statements, make recommendations to Board of Selectmen. If there were any suspicion they could be handled. Selectman McCue asked about the confidentiality issue. Jack Goldberg would execute an agreement for confidentiality. Not all companies have them but municipalities are starting to have them- Wellesley is one that does. The suggestion is to have five members with two alternates: one person from each of the following boards - Board of Selectmen, Finance Committee, School Committee, Planning Committee and Municipal Building Committee. There would also be two alternates in case of a member recusing him/herself, a member of the Board of Assessors and/or the Town Moderator and Board of Assessors, but no employees of the Town. If the Board agrees, Town Counsel would need to give advice on how to determine the appropriate way to establish and empower an Audit Committee. Michael Sams then spoke on the Union Contracts. He stated that over the last years, the budget keeps growing, the union contracts dictate more that 80% of the town's yearly budget. The public has had a lack of understanding of the contract issues and the Finance Committee would like to educate the public through 1) publication of contracts with a summary of their financial impact within 60 days of entering into a new contract and at town meeting, the Finance Committee would publish each contract with a summary explanation of the salaries and benefits as well as its own explanation of the impact of the contracts and 2) develop a more coordinated approach to contract negotiations - the Board of Selectmen would set parameters for the schools and municipal negotiators before they begin outside of which the town cannot be bound. He stated this is not an attack on current negotiations, just a more focused process. r- Board of Selectmen Minutes of September 22, 2004 6 r Chairman MacCaffrie stated that part of the problem is that contracts are negotiated at different times of the year. By the time the Board of Selectmen needs to balance the budget, most of the costs are already set by the time they get the information. John D'Agostino said the only time it occurs prior to the negotiations is with the Quinn bill, but also with the step increase and the raises. Selectman Amoruso is not sure if the agreement would need a charter change. John D'Agostino thought this would be more prudent way to go. Chairman Gazzolo said there are a lot of issues that 'go under the radar' Chairman MacCaffrie does not think it would be a problem coordinating these financial statements. Selectman Amoruso said there might not be problem with the charter changes Chairman MacCaffrie said with the workshop tomorrow night the town could be entering a new era, i.e. whatever the dollars are in the "pot" could dictate the spending. Selectman McCue feels it would be a challenge but instead of trying to balance the budget after the contracts have been signed. Mr. MacCaffrie said we have gone to 'bare bones' fiscally. He thanked the Finance Committee for their work and their recommendations. r Conservation Commission: Chairman Paul Boyden introduced Elizabeth Leidhold, the new Conservation Agent and explained that she has been very busy since she started and dealing with the backlog of work, legal issues, and she was in Sudbury today for a meeting of Municipal Conservation Professionals to get apprised of the new state changes. He then gave a brief synopsis in the last fiscal year; there have been 12 Notice ofIntents (NOI) and four of these were Chapter 40B projects; Mr. Boyden's goals are to have Elizabeth get out in the field more this year for compliance issues. He explained the status with the ZBA and that Elizabeth is a University of Connecticut graduate and has a conservation background, she has also done environmental programs and has been a wetlands consultant for 20 years as well as a ConCom agent in Dartmouth for 5 years and in New Bedford for 3 years. The status of the Conservation Commission is as follows: it is a seven-member board (currently two members down) and they have already had one request to hold back on a vote by a developer; this can affect litigation. They have one application to the Conservation Commission and will try to get that person appointed as soon as possible. The Commission has cleaned up some issues since Elizabeth came on board. Goals: To implement a status report on the Conservation Commission so citizens can see where projects stand; he had spoken with an environmental teacher so the Conservation Commission could play a role at the High School with an environmental program and have GIS maps to show the Mansfield area. Also an Eagle Scout, Michael Bibbey worked on a project on Ware Street for his Eagle badge: he refurbished the trail system on the York conservation property and made a wood bridge over the wetlands. Other updates: State will try to have quicker enforcement - new revisions to the wetlands regulations will probably coming out in November. r- Board of Selectmen Minutes of September 22, 2004 7 r Spend more time in the field on projects (larger construction crews) to tighten the compliance. Every year the town obtains $6K out of the NOI account for the general fund- so have $17K in one account for the by-law fees and $12K in another account to purchase land (250K) to get a foothold in some key property. Mr. Boyden feels Ms. Leidhold is a great asset to the Town and has already made strides to clear up pending issues. Chairman MacCaffrie asked why is it that the Conservation Commission handles ZBA issues? Peter Detrolio states that a previous Town Manager decided that Dick Lewis should be the assistant to the ZBA and John D'Agostino said it is now part of her compensation and job description. 75/25% in her contract: her time is divided between Conservation Commission and the ZBA in that proportion. Elizabeth stated that she is happy to be here in Mansfield: she has been very busy but can see that it is a lovely town hall with caring people. Selectman Dolan thinks she should be out of the Town Hall more often in the field and she hopes to work towards that. Chairman MacCaffrie noted that in construction the focus would be on the building, not the silt or the barriers, but he is looking forward to the compliance checklist and the agent being able to regularly "hit" them for compliance. Chairman MacCaffrie said the Board of Selectmen is here to help and thanked both Mr. Boyden and Ms. Leidhold for their update. r Kathy Betts, the newly appointed member of the Cable Access Board of Directors met the Board and the Chairman noted she had been appointed in "absentia". Lou Amoruso wanted the public to know who she was and asked her to give some introductory information. Ms. Betts stated that she has been in government for 21 years, with over 20 years with state experience. She stated that in 1990, she was responsible for finding $620 million in funds for the state. She drew her attention to the cable access board and felt she could offer assistance; she is a fan of the cable station. Enjoys the very eclectic programming. She mentioned the addition of the program "Rock of Now and Then", the new radio station show with Tom Betts. She thinks the cable station does a good job but thinks it needs to move forward and she would like to participate in this. Selectman Amoruso stated the Board is most appreciative of her willingness to move forward and build a new studio. He stated there are buildings sitting around and see if there are any synergistic needs with the MMIS department. George Dentino questioned the material that was moved to the Plymouth Street fields as he feels the Town should have known it was contaminated and felt the residents were put at risk. The Board of Selectmen assured him that once it came into question the DEP was immediately called in; ordered the material to be covered and testing was commenced. They are awaiting the results of this testing. John D'Agostino recognized the importance ~ Board of Selectmen Minutes of September 22, 2004 8 .' ,-. of this question but noted the contamination was only spotty. Both Chairman MacCaffrie and Selectman Amoruso mentioned that the issue was addressed immediately and that it was not surprising to find contamination of some sort under streets and behind the DPW from years ago. Also some of the contaminants are not listed as dangerous and the site was immediately contained. The diagram of the borings was discussed and it does not clearly delineate the borings that are suspect. The Chairman and the Town Manager reassured the public that the proper steps were taken and they are awaiting the tests results. r Peter Detrolio, 496 Elm Street, spoke on his concerns about the budget and emphasized that the Town could not afford to keep giving salary raises and it needs to stop and the Town must live within its means. He felt the Unions should be told that there are no bargaining options with raises and health insurance increases. He thought the employees could either have a raise or the health insurance. He felt insulted that the Superintendent of Schools was given another raise. In 1997, the budget was $2.1 million and it is now $5.4 million. Trash collection is another "budget buster". Chairman MacCaffrie, Selectmen Amoruso and Dolan noted that contracts come along and it is the insurance industry that Mr. D should be angry with. Peter spoke on the health insurance further and wanted the Board to contain these costs and John D'Agostino noted he did have the employees contribute more this past year. Chairman MacCaffrie suggested Peter bring these concerns to the school department. John D'Agostino noted that if there are lay-offs there are then the unemployment costs to pay and there would not be a significant savings. Selectman Dolan noted that the union negotiations are a given and the public needs to realize there is only so much money to go around and "scare tactics" are an unfortunate way to get people to agree to more taxes. Adjournment Motion: To adjourn at 10:00 p.m. (Amoruso) 4-0 Passes ~~ Ignature 0 erk J- 'l~ --0 Y Date of Approval r Board of Selectmen Minutes of September 22, 2004 9