HomeMy WebLinkAboutmin brd of selectmen 03/31/04
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Board of Selectmen
Minutes of
March 31, 2004
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Present:
Michael W. McCue, Chairman; Steven W. MacCaffrie, Vice Chairman;
Roger S. Achille, Clerk; Selectmen David W. McCarter and Louis P.
Amoruso; 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.
Jess Aptowitz of 30 Fieldstone Drive was present to meet with the Selectmen regarding
his desire to serve on the Finance Committee, which has been short one member for
several months. Mr. Aptowitz said he was an accountant for about 20 years and went
into real estate a couple of years ago. He has been a Mansfield resident for 11 years and
would like to contribute his time and experience to the Town in this capacity. He has
prior experience in municipal audits in other Massachusetts towns. He believes budget
overrides should only be a last resort. Although it's important to provide the services
residents demand, he believes we also must live within our means. He noted salaries and
r benefits are generally the highest portion of the budget and insurance costs continue to
rise, making it difficult to balance the budget within the 2 Y2 limitations.
Motion: To recognize the vacancy in the seat on the Finance Committee formerly held
by Jeff Lang
(Amoruso-McCarter) 5-0 Passes
Motion: To appoint Jess Aptowitz to serve the balance of the unexpired term ending
January 1,2007.
(MacCaffrie-Achille) 5-0 Passes
Assessors Paul Folkman, Michael Eagan and John McNair were in attendance.
Town Manager D' Agostino introduced the topic of a Chief Assessor position. The Chief
Assessor would report to a Chief Financial Officer and the reporting function would
remain with the Board of Assessors and Town Manager until such time as the Town
establishes the position of Chief Financial Officer. The Board of Assessors has worked
diligently in their review of Chief Assessor positions and has established a job
description that meets the needs of the Department and the Town.
Mr. Eagan noted their Officer Manager/Assistant Assessor took a position in another
~, town last year and they agreed to pick up the slack in the interim. The State mandates an
Board of Selectmen Minutes of March 31, 2004
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interim assessment every year. The skill set requires an office manager and consultant,
which they believe would cost more than a Chief Assessor position. If they create a new
position, it will require the review of the appropriate union. Selectman Achille asked if
there was currently anyone assisting them. Mr. Eagan said they do have someone, have
had someone in the past, and will still require some assistance in the future. Currently
they spend approximately $20,000 a year for the consultant. The job description of the
prior position compared to the new position will be an additional salary expense of
approximately $15,000. Selectman McCarter asked how the position would change the
role of the Board of Assessors. Mr. Folkman said checks and balances would be
maintained by the three-person board still having to sign off on values. Values are based
on models established by the use of tables created. The Chief Assessor position will cut
down on consultant fees. Mr. McNair said he does not believe it's a good idea for one
person to have the final say in establishing values.
Town Manager D' Agostino suggested some of the roles played will evolve over time.
Mr. Folkman noted the change in organizational structure was suggested by the Town
Manager and they have worked with him in establishing the job description. We're going
into a revaluation. There has not been a savings in the interim because the two office
staff have received a salary increase for assuming additional responsibilities and we use
the former Assistant Assessor on a consultant basis.
Selectman MacCaffrie suggested that a Chief Assessor doing the job properly has the
ability to make money for the Town by checking on properties and making sure they are
r assessed fairly and accurately. Selectmen also asked for an explanation of the job
description of the prior and proposed positions. Mr. Eagan noted the major difference is
getting an individual with the ability to do revaluations, both residential and commercial,
and someone who is totally comfortable handling it himself in-house.
Town Manager D' Agostino acknowledged that he is not totally comfortable with the fact
the Chief Assessor is not the person who sets the final value. Based on the amount of
money that can be saved, however, he believes the increase from $53,000 to $65,000 is
minimal.
Mr. Folkman noted the two office employees are aware that the $5,000 annual stipend
each of them received is temporary until such time as a Chief Assessor is hired. The
Assessors also expect to continue to be paid. They meet about 4 7 Wednesday nights per
year, with additional Friday and Saturday meetings during tax season and revaluations.
He noted they are a Board of Assessors and not an Abatement Board and should be given
the credit for what they've done and what they continue to do. He expressed concern
with the direction the changes are taking and expressed strongly his belief that they
should be paid, should set the values, and should grant abatements when determined it is
proper to do so. He asked that the issue be brought to a head and resolved.
Selectman Amoruso said nobody has suggested that the Assessment Department is not
doing a good job. He does, however, like the idea of having a Chief Assessor as part of
,r the team to see how it works and if it works well. He supports having the Assessors act
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as an Appeals Board and having a second person determining what the valuations are.
He believes the cards are stacked against a person appealing a valuation to the same
people who established the valuation. Mr. Folkman said they're there to defend the value
to the taxpayer and can be a short ~top on the way to the Appeals Board in Boston. The
Chief Assessor can do all the calculations and statistical analysis, hand the information to
the Assessors and say "this is what I think." They are not willing to give up the authority
to set the values. Town Manager D 'Agostino stated the Charter indicates they have the
powers of a Board of Assessors as defined by Massachusetts General Laws. He does not
see that authority there. They have, however, had that role and have exercised it
prudently and well. He believes the position of Chief Assessor is important and if it ends
up a shared authority, so be it. Selectman Amoruso said he has no secret agenda and
only wants to get the job done. Selectman McCarter suggested there would be a higher
level of skills, but not the ultimate authority. Assessor McNair said he believes we can
continue with an Assistant Assessor and give the person more authority. He noted the
title can be established based on the job description. He would never want to see one
person having the total responsibility for establishing valuations. Selectman MacCaffrie
referred to Section 5-6 on page 11 of the Charter, noting the Assessors are charged with
the responsibility of making a fair cash valuation of all the estates, real and personal,
subject to taxation with the town.
Mr. Eagan summarized the discussion. Mr. Folkman suggested they could go into the
marketplace with a salary range, pointing out it's always better with information from
someone in-house. Selectman McCarter suggested the name of position doesn't fit the
job description and duties. Mr. Egan made it clear that during the interview process the
person hired will be made fully aware of the fact that the Board of Assessors sets the
values.
Motion: To table a vote on the Chief Assessor job description until next week
(Achille-MacCaffrie) 5-0 Passes
DPW Director Lee Azinheira and Water Operations Manager Kurt Gaffney presented the
Annual Water Department Update prepared by Mr. Gaffney. Water Connection Policies
and Revenue sections were reviewed.
Section 3 - new numbers were calculated based on last year's water use, which has
decreased over the last two years. It has not been determined" whether the decrease is due
to conservation measures or is weather related. If it continues in that direction, it will
affect revenues and will therefore be closely monitored. Mr. Gaffney reviewed the water
usage breakdown contained in the report. Mitigation will be determined based on final
numbers. They are reviewing anticipated usage by the proposed development of the
Golden Triangle. The Water Policy is producing the intended reduction in water usage.
There are currently requests for 1,300 rain barrels. It was noted we are limited in our use
of water due to conditions imposed in the permitting of our new well under the Interbasin
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Transfer Act. It is presumed usage will increase and produce a more realistic average.
r They will take another look at the nwnber and make the nwnber a true nwnber to more
accurately reflect water usage. There may be things other than conservation measures
that are driving the numbers.
Section 6 - Rates
This is the third year of the plan. If the trend continues, they will have to revalue to
increase revenues. An analogy was made to the Light Department's retained earnings
used to stabilize rates. Free Cash was the result of a rate established to generate money
for specific projects and to keep in reserve for emergency purposes. The Ware Street
project is expected to cost about $675,000 plus design work which will bring it up to
around $1 million. If the article is passed at Town Meeting it will go out for design and
be done the following year. Selectman MacCaffrie asked why we have an article for the
transfer of $98,007.58 as it was initially raised by the Town. If we have a Water
Enterprise Account that is supposed to mean it is self-sufficient. It was prior to the
Enterprise Account and will be $98,751 coming in as revenue to the Water Department.
It should be paid back by the Enterprise Account if there are reserves. DPW Director
Azinheira suggested there is a reasonable explanation that can be provided by the Town
Accountant. The rate will have to raised again as part of the three-year plan established.
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Construction will start mid-April for the Water Treatment Plant and should be completed
next year. He noted it will take a couple of years to get all the iron and manganese
completely out of the system. Mr. Gaffney noted this is the fifth water department he's
worked in during his forty-year career and this is the best water system he's seen. He
briefly reviewed the status of all the Town wells and their operation and maintenance.
Mitigation is important and we have an extensive water conservation program. We do
not know what limits and guidelines the Department of Environmental Protection (DEP)
will establish at the end of our current six-year withdrawal permit.
Town Manager D' Agostino discussed the design of the Walsh Well, during which he
expressed his lack of trust in the design of that well. He has never been convinced the
design suggested was the best method and he is not surprised it is not functioning as
expected. It will be $500,000 to get the maximwn amount out that was anticipated. It
was a design we inherited that did not go through the stringent permitting process now in
place. JD - water department leadership and operation in good shape and projects on the
drawing boards over the next several years will provide for the future growth anticipated.
DPW Director Lee Azinheira noted there are three requests to be addressed. The third
request is for 2 Market Street in Foxboro and has been shared and reviewed with the
Board. The Chairman noted he would not permit the attorney for the petitioner to address
the board because it would be setting a dangerous precedent that would create problems
in the future. He noted the request has been reviewed thoroughly and is well understood.
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the board because it would be setting a dangerous precedent that would create problems
(' in the future. He noted the request has been reviewed thoroughly and is well understood.
DPW did not recommend any Foxboro requests for additional capacity until such time as
the average daily flows demonstrate that capacity exists because they have exceeded their
250,000 gpd critical needs allocation with a daily flow for 2003 of 258,083 gpd. Town
Manager D' Agostino noted the whole issue of Inflow and Infiltration (1&1) goes back
several years with Foxboro. We are spending well over $2.1 million on such a program
and Foxboro would not be facing this situation if they had implemented this program
back when we did. They have also transferred some of their capacity out of critical needs
to other locations.
Motion: To accept the recommendation of the DPW Director to deny the request.
(Amoruso-MacCaffrie) 5-0 Passes
Selectman MacCaffrie noted the report of Trowbridge Associates which said a tight tank,
although expensive, would work. He also suggested there may be another way to
approach the matter in taking another route.
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North Cottage request in Norton - they have gone through extensive efforts to
demonstrate that capacity exists. He recommended approval of the request because it's
consistent with other transfers approved under similar circumstances. There has been
increased cooperation with Norton, whereas Foxboro has indicated they want to retain the
capacity from us while at the same time going off on their own. During discussion
concern was expressed as to Norton selling capacity from it's non-critical sewer flow to
the Park at Great Woods allocation.
Motion: To approve 15,733 gpd of sewer flow from Norton's 250,000 gpd non-critical
sewer flow to be transferred to the North Cottage Program as per their letter dated
February 13, 2004.
(MacCaffrie-Achille) 5-0 Passes
The third request was recommended for approval. Norton's Engineer, Weston &
Sampson, formally requested access to Mansfield property in Norton for testing purposes
described in their letter. This is part of their search for groundwater infiltration sites and
is mutually beneficial.
Motion: To approve the request for site access
(MacCaffrie-Amoruso) 5-0 Passes
Selectman McCue reported attending a SRPEDD Joint Transportation Planning Group
meeting with Lee Azinheira and John Sullivan and reviewed the actions taken. They
have instituted a rating system to prioritize projects. We're still working hard to make
sure commitments made by the State are followed through on, particularly the Route 106
project. DPW Director Azinheira suggested a meeting with staff and other boards to get
feedback and get into greater detail in order to determine the direction in which to
proceed
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· Warrant No. 40 in the amount of$I,672,931.05
Motion: To approve
Achille-McCarter) 5-0 with Selectman McCarter abstaining from Municipal
Building Committee payroll Passes
· Minutes of March 17,2004 Selectmen's Meeting
Motion: To approve as amended
(Achille-MacCaffrie) 5-0 Passes
· Annual Town Meeting Warrant to be signed (5 copies)
Motion: Remove Article 12 Wastewater
(Amoruso-MacCaffrie)
Town Manager D' Agostino recommended they wait to hear from the Finance
Committee tomorrow night. Selectman McCarter pointed out it's generating money;
he supports it and we need that flexibility right now; Chairman McCue said he didn't
support it last year and can't support it this year either. Selectman Achille said he's
concerned with the flexibility
Vote: 5-0 Passes
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Article 29 - Planning Board expansion: it was the consensus of the Board to allow it
to move forward.
Article 27 - Assessors
Selectman McCarter suggested the article be worded so that in the future as new
members come on board they don't get paid. Selectmen MacCaffrie and Amoruso
wanted to leave it up to Town Meeting and will offer an amendment on the floor if
necessary. Chairman McCue desired to have the Town weigh in on it. Selectman
MacCaffrie noted he doesn't know where the money ever came from. Town Manager
D' Agostino advised the board they can tell him to remove the article as a matter of
policy and he will remove it from the budget; Selectman McCarter said he doesn't
want to support it
Motion: To remove Article 27
(McCarter-MacCaffrie) McCue, McCarter and Amoruso in favor; MacCaffrie
opposed; Achille abstaining 3-1-1 Passes
Motion: To reconsider
(Amoruso-MacCaffrie) 5-0 Passes
Motion: To remove Article 27
(McCarter- MacCaffrie)
McCarter and McCue in favor; Amoruso and MacCaffrie opposed; Achille abstaining
2-2-1 FAILS
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Article 26
Motion: To remove Article 26
(Amoruso-MacCaffrie) 5-0 Passes
Town Manager D'Agostino asked the Board to consider Article 23. If we have
$10,000 somewhere the North Main Street Fire Station kitchen will be refurbished by
members of the Fire Department. Selectman MacCaffrie supported keeping it on.
The Town Manager acknowledged the request came the from Fire Department. but
not from the Chief. Selectman MacCaffrie noted there is a letter in the reading file.
No further action was taken and the article will stay on the Town Meeting Warrant.
Article 30
Selectman MacCaffrie noted the need to hold a hearing regarding the Light
Department Manager/Director Charter Change. It has been tentatively scheduled for
April 28th.
Motion: To sign the warrant with the changes voted
(Amoruso-McCarter) 5-0 Passes
· Drainlayer's License (recommended for approval by Town Engineer John Sullivan)
r Michael Cinquegrano, South Shore Utility Contractors, 44 Maria Ave.,
P.O. Box 19610, Johnston, RI
Motion: To approve
(Amoruso-MacCaffrie) 5-0 Passes
· Class II Used Car Dealers License for Transport International Pool, Inc. at 875 South
Main Street
Motion: To approve
(MacCaffrie-Amoruso) 5-0 Passes
· Alcohol license ofMDPG, Inc. dba Driscoll's Restaurant for Wines and Malt
Beverages for signature (approved by Selectmen and ABCC)
Motion: To sign
(Amoruso-Achille) 5-0 Passes
· Parade Permit for vote and signature: Mansfield Little League, April 17, 2004 at
10:00 a.m. (reviewed and approved by Police and Fire Chiefs)
Motion: To approve
(Amoruso-MacCaffrie) 5-0 Passes
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Board of Selectmen Minutes of March 31,2004
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Town Manae:er and Staff
· Memorandwn from Town Manager John O. D' Agostino requesting a vote of the
Board of Selectmen for LaCerta Group, Inc. to authorize the Mass Development
Finance Agency (MDFA) to asswne the role of the Town's Industrial Development
Financing Authority (IDF A) to finance the project
The request was made because we have an inactive IDF A. In such cases Mass
Development Agency will the assume role and responsibility of MDF A. Discussion
ensued as to re-establishing it. Selectman Amoruso noted LaCerta Group sounds like
it's a private group or an intermediary group getting the funding. Town Manager
D 'Agostino advised them they are in the Industrial Park now. Selectman Amoruso
said he wants to make sure there's an ability to help businesses and believes the
Industrial Development Committee (IDC) or IDF A should be reestablished if there's
a benefit to be gained in doing so. Selectman MacCaffrie noted he has a problem
with the language.
Motion: To support the resolution for this project
(McCarter-Amoruso) 5-0 Passes
Boards and Committees
· Letter from Ronald Webster, Sr., Chairman of Mansfield Housing Partnership,
communicating their vote on three housing issues and asking for the Board's support
and action
r The $900 is going to be paid for out of their money; an informal hearing to get public
input on the Hope & Church Street proposal on the Special Town Meeting hearing
will be scheduled for May 5th.
· Letter from AI-Noor inviting Selectmen to their Open House on Saturday; (Selectmen
McCue and McCarter indicated they would not be able to attend, but would like to
tour the facility at another time and will make arrangements to do so. Selectmen
Amoruso and McCarter and Town Manager D 'Agostino said they would be
attending.
Town Manager D' Agostino:
· Announced receipt of an invitation from the North Cottage Program to attend their
Open House April 1, 2004 at noon to thank their friends and supporters
· The Board was copied today on a letter from Deerpath Circle residents which will be
an agenda item for next week. They are looking to have the Board consider
construction of a fence on an easement on our property along bike path. The bike
path is creating a privacy issue for them. He does not support spending town funds to
provide a fence.
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· The Tax Incentive Financing (TIF) Committee has actively met on MEDCO and is
beginning to outline guidelines for future TIF offerings. Selectmen indicated they
were unaware that the meeting had been scheduled Chairman McCue was the
Selectmen's representative to the meeting. Selectman McCarter noted he had
attended the meeting out of interest in it.
Motion: To remove Selectman McCue at his request and to replace him with
Selectman McCarter as the Selectman's representative on TIF Committee for the sake
of continuity
(Amoruso-MacCaffrie) 5-0 Passes
· A smaller subcommittee will negotiate the agreement with a recommendation to the
Board of Selectmen and Town Meeting vote. He plans to confer with George Nazaris
of the Office of Business Development at the State level and will hold a conference
call in which Selectman McCarter can be included. He also plans to have Dartmouth
and Framingham talk to the TIF Committee to discuss actual guidelines in those
communities. They need to be reformulated for each project and be somewhat
specific. Also generic guidelines need to be developed to establish a threshold.
· The Town's Finance Team and the School Department have met and will continue to
meet regarding the operating budget and deficit. We anticipate additional cuts from
the Schools and Town to balance the budget and may have to use some funds from
Stabilization. Weare waiting for House and Senate local aid numbers and expect
them by mid-April. At that time he will provide a more accurate revenue forecast.
r Chairman McCue said he has been getting feedback on timing and they may not have
the figures as early as they anticipated due to many factors. He's concerned about
the proposed 6 %% cut in budgets, noting some departments cannot sustain such a
cut. The Town Manager said he is currently exploring refinancing options that may
save the Town $600,000. Savings will be direct to the taxpayers as it is on debt
exclusion. We will move forward with the refinancing of the debt. There will be
minimal savings internally.
Motion: To refinance to lower our outstanding debt obligation
(MacCaffrie-Achille) 5-0 Passes
· As of March 24th there's a $3.9 million budget shortfall. We've reviewed Local Aid
and its sources. The increase in State Aid will go toward budget revenue. School
construction reimbursement is down due to the Jordan Jackson School audit. The
Municipal Building Committee is now working on audits for the Middle School and
High School. We've received notification from the State that the truck wash was not
reimbursable on the State Revolving Fund loan after they had indicated it was, and
we're working on this. With the Town Accountant's help, he's prepared a salary
profile with cover letter for the Selectmen. The trend for Town and Schools is
downward. Salaries for the Town were down .6% in FY20204 with a more than 10%
increase in population over the same period. A workshop with the Finance
Committee is scheduled for tomorrow night to review this information. Selectmen
MacCaffrie and McCarter indicated they will be at workshop.
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· Referred to the memo of DPW Director Lee Azinheira regarding trash tonnage that
has increased dramatically. It was up 1.03% in '03; and a 5.6% increase is projected
in '04. The spike indicates an improved economy and people replacing items and
discarding old ones. A $16,000 deficit is projected in the trash collection line item.
Tonnage has declined at The Green since stickers have been implemented. Selectman
Achille said he would like a presentation on this information at a future time.
· There is a household hazardous waste collection scheduled this Saturday at Tweeter
Center.
Having reached the 11 :00 p.m. curfew:
Motion: To continue to 11: 15 p.m.
(MacCaffrie-no second)
Motion: To adjourn at 11 :00 p.m.
(Amoruso) 5-0 Passes
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