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HomeMy WebLinkAboutmin brd of selectmen 01/28/04 r Board of Selectmen Minutes of January 28, 2004 r ': , . (I. r¡ ') >;.,: ,) Present: t_ ' -, ','~ 'T'- ""'. /'~ I' L I i J 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. Chairman McCue thanked people for their thoughts and prayers on the birth of their third child by Caesarean section. He reported both mother and daughter are doing well. He also announced receiving information that Rep. Michael Coppola underwent intestinal surgery a few days ago and it was completely successful, noting we look forward to his return to town activity. ( . Warrant No. 31 in the amount of$3,801,209.55 Motion: To approve and sign (McCarter-MacCaffrie) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of January 21,2004 Selectmen's Meeting Motion: To approve as amended (Amoruso-MacCaffrie) 3-0-2 with Selectmen Achille and McCue abstaining because they were not present for the meeting Passes · All Alcoholic Beverages license for The G Connection, LLC to be signed (Approved by Selectmen December 10, 2003 and now approved by ABCC) Motion: To sign (Achille-Amoruso) 5-0 Passes Town Manae:er and Staff · Memorandum from Robert "Red" Button of Mansfield Emergency Management Agency asking that he be appointed as the representative to the SRPEDD Regional Pre-Disaster Mitigation Community Planning Committee (' Board of Selectmen Minutes ofJanuary 28,2004 1 .. , . (' Motion: To appoint Robert "Red" Button to the Committee as an alternate pending contact of the current member (Tim Lyons) who has not been able to attend the meetings on a regular basis (MacCaffrie-McCarter) 5-0 Passes · Request for Legal Services from the Planning Board (hold for discussion) Other · Annual Report from Self Help Incorporated · Letter from Old Colony Habitat for Humanity thanking the Board for their time and noting they will be getting in touch Karl and Dan Clemmey introduced Brian Lahey and Dean Jones of Home Depot to present checks as part of the community benefit package mandated by the Special Permit granted for the Erin Center. Mr. Clemmey noted he will be meeting with Lee Azinheira and Kurt Gaffney later on the rain barrel program that was also part of the community benefit package. r Brian Lahey, real estate manager for Home Depot, thanked everyone for their hard work and diligence in getting the project complete. He noted other improvements made at the site, including a new traffic signal at Norfolk Street, and thanked all departments for their cooperation in developing the property, particularly the thorough review of the proposal conducted by the Planning Board. Mr. Jones spoke of his pleasure at being in Mansfield and thanked everyone for their effort. Mr. Lahey presented the following checks: · School Committee Scholarship - $2,000 presented to Superintendent John Moretti · Council on Aging - $2,000 to be put into the Expendable Gift Account #83821-4830 presented to COA Director Gale Farrugia. Mr. Clemmey thanked former Selectman Brad Wills for suggesting the Council on Aging as a recipient. · Conservation Commission - $5,000 matching grant to be used for the acquisition of land or easements for the protection of the Canoe River Aquifer and benefiting the Town of Mansfield, Account #2417IC-4830 · Mansfield Recreation Department to be put towards the construction of a recreational Skateboard Park - $5,000 - Account #24620B-4830 accepted by Committee r Chairman Pat Burns. Board of Selectmen Minutes of January 28, 2004 2 (" · Mansfield Animal Welfare Committee to be used toward the construction of a new animal shelter - Account #23292-4275 - accepted by Sharon Baker. r r · Deed for six acres of property deeded to the Conservation Commission presented to Richard Lewis, Conservation and Environmental Planner for the Town of Mansfield. Home Depot will be officially opening on Thursday, February 12th. Following the check presentations Selectmen returned to the request of the Planning Board for permission to use legal services to appeal decisions of the Zoning Board of Appeals on the granting of a Variance and Special Permit. Boards cannot engage legal counsel with the consent of the Board of Selectmen. Motion: To deny the request for purposes of discussion (MacCaffrie- Achille) Selectman MacCaffrie spoke of the policy against one board suing another. He noted money would be better spent on other issues coming before the town. He further noted this issue is not detrimental with regard to water or sewer. Selectman Achille spoke of his belief that the Planning Board did not make the request without serious consideration. He agreed, however, that our fiscal situation does not warrant the expenditure of legal fees for this purpose and said he would vote to deny the request. Selectman Amoruso noted we would have to get legal counsel for each of the two boards, in addition to Town Counsel. Although the Planning Board has good reason to question the decision of the Zoning Board of Appeals (ZBA), the Town cannot afford hiring three lawyers to work out this situation. Selectman McCarter noted he is not sure there is an actual policy of not allowing one board to appeal the decision of another. He pointed out that on face value the decisions of the Zoning Board do not appear to be particularly harmful and said he cannot justify the allocation of funds for this purpose. Chairman McCue noted the effort of Selectmen not to interfere with the work of boards and committees they appoint, stating if this were something terribly egregious the Selectmen would be derelict in their duties in not allowing the appeal. In this case, however, the ZBA is there to grant variances to zoning. It was noted by all that the Planning Board was making the request in good faith and are right in bringing it to the attention of the Selectmen as their appointing authority. It was further noted their intent is to protect the hard work they have done. Vote: 5-0 Passes Animal Control Officer Jeff Collins gave a brief presentation on the matter. He reported this involves the Avon-Central Street area. He has been getting calls for approximately a year about Mr. Southern's and Ms. Unger's dogs running free. When he gets there, the dogs are no longer there. He's also had repeated calls about the barking. He's only caught the dogs unleashed once. With regard to the barking, from what he's heard he Board of Selectmen Minutes of January 28, 2004 3 would not categorize it as excessive. Mr. Tortora does quite a bit of work out in his yard, r and the dog does bark when he is out there. Mr. Tortora would be happy if the dog is removed. He has shown him trash that his been thrown over into his yard and there has been some corroboration from neighbors. He noted it's a neighborhood problem with people living in close proximity and allegations going back and forth. There were also two reports of a child walking in the middle of the street being bothered by the dogs. One of the dogs is a beagle and the other a black lab terrier mix. Selectman Achille asked if there have been recent incidents. The last reported one was four to six weeks ago. Mr. Tortora stated however that just this morning the dog owner was walking down the street with the leash in her hand, but not on the dog. Mr. Collins noted his inability to resolve the matter. He suggested enclosing the yard with a fence or removing the animal as the only possible solutions, stating he does not like the idea of taking someone' s pet. Enzo Tortora of 177 Central Street spoke of having problems with the two dogs. One is owned by the mother who is very sick. The other is owned by the daughter. The dogs are going on his property and defecating. He is elderly and disabled and uses a scooter to get around. The dogs make that difficult for him and bark as he approaches the fence. The dog stops barking when he goes into the house. r Mr. Collins noted it is a judgment call. There have been calls from other neighbors over the course of time about the dogs running through their yards. Selectman MacCaffrie asked Mr. Tortora if the dog run could be relocated to get it away from his fence. He acknowledged the dog would still bark, but suggested it might alleviate the annoyance of the barking. Mr. Kendall of 11 Avon Street said they've been at that location for 47 years and have had several dogs. This is the first problem he's had with a neighbor. The dogs are in the house at least 99 percent of the time. Mr. Collins noted he's only seen the dog loose once. It's either on a leash or in the house. The terrier-lab mix of Ms. Unger is in the house most of the time. Mr. Southern noted Mr. Tortora picked up some dirt and threw it in the dog's face, which made it bark more. He acknowledged the dogs do bark, however. The fence is owned by Mr. Tortora and goes all the way to the end of his property. The run is approximately three feet from the fence. Mr. Southern noted there has been no discussion between him and the neighbors. Mr. Tortora said he has lived there since 1979. Mr. Southern has owned the beagle for four years. Ms. Unger said she has a terrier mix who will be six that is usually walked. In the good weather he goes out on the chain. He is on the leash most of the time. Once in awhile she lets him off. She denied that he's been loose on occasion. Her parents took in her dog about three years ago. The dog cannot live with her because her husband and son are renting in Norton and dogs are not allowed. r Selectman Amoruso asked Mr. Southern if he can think of any way to make the situation better. Mr. Southern said he keeps his dog on a leash and Mr. Tortora is exaggerating. Board of Selectmen Minutes ofJanuary 28,2004 4 He also didn't make a friend of the dog by throwing dirt in his face. The dog belongs to r Mrs. Southern and she's in a nursing home. He could attach the run to another tree to get it away from the fence. Mr. Tortora noted when he's on the scooter to get around his yard, he starts to shake when the dog barks. Lou Blye of 16 Avon Street noted his daughter Yvonne has called him at work in Quincy on two occasions and said there was a dog not letting her go down Avon Street. It happened twice in a two-week period in September. At one point she and a friend had to go to a neighbor's house on Central Street because the dog was preventing them from going down the street. They have a 95 pound dog of their own and she is not afraid of dogs. She felt threatened by this dog however. Mr. Blye was asked to find out which of the two dogs it was. His wife called the Animal Control Officer on one occasion in reference to that. He has not personally experienced the barking. He's working and not there during the day. He has not seen the dog at his end of the street and has not had a problem with the dogs getting into his trash. Ms. Unger noted when her mother was in Norwood Hospital she would have to get the train because she's without a car. The dogs were left alone in the house and when she came home the dogs were there and barking. When she came downstairs the front door opened and they didn't run out. She stated they stay in the house. (' Michael Grant of 157 Central Street said he lives across the street from both gentlemen. He noted since the complaint has been filed he hasn't seen a problem. The beagle generally is out and it does bark all day. The gray terrier type dog was over in his yard and the owner was standing around drinking coffee and not controlling the dog. In talking with other neighbors it's been noted the beagle went up on someone' s porch who has a small child and she couldn't get the dog to go away. The dogs are worse in the summer. The beagle absolutely "screams". He said he does not want to see them taken away, but there is a problem and something needs to be done. He had no suggestions, noting it's better since the complaint, but pointing out the situation will continue until something is done about it. Selectman Amoruso questioned if it would help if the board says the dog must be kept in the house unless they are on a leash and can only be out on a run during specified periods of time. Mr. Collins said it would help mitigate the problem, but his concern is that he can't be there all the time. He does believe there is a problem there however. The Board's options are to say they don't have enough information or the other extreme that they believe the dog is a nuisance and order it removed from town. Selectmen returned to the idea of moving the run, pointing out there needs to be assurance that if the dogs are found loose at all there would be consequences. Selectman MacCaffrie said they could move the run; the dog will probably still bark when he hears someone in the next yard The Board could also require it to be in the house qfter 8:00 p.m., stating he is not inclined to remove the dogs. Chairman McCue suggested making a ruling and trying it. If it doesn't work and there are further complaints, more drastic action will have to be taken. r Board of Selectmen Minutes of January 28, 2004 5 r Selectman MacCaffrie spoke of a situation in his neighborhood and his belief that the dogs need to be declared a "nuisance." Selectman Achille noted he lives on Warren Avenue and they probably hear his dog barking also. He stated the issue of the dog in the street needs to be dealt with. Motion: That the dog be restrained at all times, whether in the yard or being walked. (Achille-no second) Amendment: to add that the run be relocated as far away from Mr. Tortora's property as possible. (MacCaffrie) Mr. Tortora stated the dog has not caused any physical damage and warned that he and the neighbors will be listening and watching. The motion was discussed, with Selectman Amoruso saying he'd like to see a defined time period. Selectman McCarter preferred to give them a chance to straighten it out. Motion: Find the two dogs a nuisance as a result of their actions (MacCaffrie-McCarter) 5-0 Passes r Motion: That both dogs be restrained at all times whether in the yard or walking them and that the run be placed at the far side away from Mr. Tortora's yard. (Achille-MacCaffrie) Selectman Amoruso suggested the severity of the dog's barking needs to be addressed. Selectman MacCaffrie noted it's been made clear that the dog barking for any more than fifteen minutes is an annoyance. Selectman McCarter said he would favor allowing the two parties to try to work it out. 4-1 (McCarter opposed) Passes The gavel was passed to Light Commission Chairman MacCaffrie and the Light Commissioners meeting was called to order at 9:15 p.m. Present from the Light Department were Director Jack Beliveau, CFO Kimberly Stoyle, Engineer Ann Langille, and Lineman Gary D' Ambra. · Minutes of December 22, 2003 Motion: To approve and sign (Achille-McCarter) 5-0 Passes r The Financial Report for November 2003 was presented by CFO Kimberly Stoyle. She reported a loss of $148,000 for the month of November before payments in lieu of taxes (pilot), with an after-pilot loss of $221,000. It was also noted that the Seabrook Nuclear Plant was offline again as was the case in October. It is now back online. The year-to- date net income before pilot was $2,264,000, with a final year-to-date net increase to surplus of $1,775,000. A profit is not anticipated for the month of December. The Board of Selectmen Minutes of January 28, 2004 6 r auditors were in the office on January 9th to test the year-end physical inventory and are due back in February to resume year-end audit activities. The PPCA was down and we're right at 8% and watching the market. The report was further reviewed and discussed. Chairman MacCaffrie asked Ms. Stoyle to let the Commissioners know if for any reason the auditors do not come in next month to complete year-end activities. Director Jack Beliveau reported communication with a customer on Gilbert Street who suffered damage to her home during a power outage as the result of the service being hung from a tree many years ago. She asked for compensation. In his tenure they have consistently denied compensating customers for damages except in the case of gross negligence. The damage should be covered by their homeowner's policy. He raised the issue only because it's something the customer feels strongly about. Chairman MacCaffrie noted the Board has not seen the documentation and asked if the customer has filed a claim against the carrier of their homeowner's insurance. Mr. Beliveau was directed to send out the normal policy that basically says we're sorry. r An issue regarding the billing practices for Police Department billings for detail work was discussed. Ms. Stoyle noted her belief that there were better checks and balances in the accounting when they were billed directly and paid it from their account. She reported money is now transferred out in a lump sum and they get a record of what it's for. Then they have to go back and verify it. She would prefer that it be put on the warrant in the way it was handled previously. Light Department Manager D 'Agostino stated the Treasurer's Office is trying to do it uniformly. He noted he was not aware this was going to be an issue tonight and suggested tabling the discussion and having the Town Accountant here to address the matter. Chairman MacCaffrie passed the gavel to Commissioner McCarter. Motion: That the Town shall treat the Light Department as any other contractor with respect to detail billings. The Light Department will be invoiced for the detail and will post the invoice on their warrant for payment. (MacCaffrie- Achille) Chairman MacCaffrie explained the reason for his policy position, noting the Light Department is working under a different set of regulations that provides individual warrant payment for approval and as such should be treated as an independent entity for accounting practices for which they have direct control from their financial department for monitoring purposes. He suggested this policy should remain in effect until such time as the Light Department Financial Department and the Town Financial Department establish a workable system. r Commissioner Amoruso said he would like to hear the other point of view and is not prepared to vote on the motion at this time. Commissioner McCarter stated he agrees with the need to have Bea Kearney (Town Accountant) and Richard Boucher (Treasurer/Collector) weigh in on the issue. Commissioner McCue said he understands the need to reconcile, but doesn't see any need to rush a decision on it and would like to see both sides of the equation. Board of Selectmen Minutes of January 28, 2004 7 r Motion: To table the discussion until the next meeting (Amoruso-McCue) 4-1 with Chairman MacCaffrie opposed Passes Chairman MacCaffrie thanked everyone who participated in last week's Verizon hearing. Lineman Gary D' Ambra said he has seen two guys out there working, but not the four promised, stating the frustration is they don't have enough staff. They're willing to do the work, but don't have enough bodies to cover all the territory they have to cover. He said they're a good group of guys and work hard. Chairman MacCaffrie noted Verizon has six people working our district and four of them are working in our town. Motion: To adjourn the Light Commissioners meeting at 9:30 p.m. (Achille) 5-0 Passes Motion: To go into Executive Session to discuss pending litigation and at 9:31 p.m. and to return to Open Session at the conclusion (Amoruso-McCarter) Roll Call Vote: Amoruso, aye; McCarter, aye; Achille, aye; MacCaffrie, aye; McCue, aye All in favor - Passes r The meeting reconvened in Open Session at 10: 17 p.m. r Chairman McCue invited Town Counsel Robert Mangiaratti to the table regarding a 40B comprehensive permit and to determine the Board's standing if they wish to appeal the decision. Mr. Mangiaratti noted Chapter 40B is an affordable housing statute that empowers the ZBA to grant a permit for housing for low and moderate income families. The Hingham case discussed it fully and said the Statute makes it clear that only persons aggrieved by the decision can appeal it, and that does not include Planning Boards or Selectmen. The Court went through a detailed analysis to say it was different from other land use statutes. 40B is distinguishable and entirely different-Qnly persons aggrieved or suffering harm have standing to file an appeal. Selectmen acting on the general interest of the community to do not have standing. Chairman McCue asked what if Selectmen find there is negligence in meeting the requirements of the Statute. Town Counsel noted they still have no standing. Regardless of your issue, you do not have standing. The Court was not concerned with the underlying merits because there was no standing to get to that issue. It was unequivocal. You must be an abutter or be aggrieved due to the impact the project would have on you. The Town has rights as to whether or not to extend its water system. That is not controlled by 40B. Insufficient water supply may also create public safety issues, but you have to wait and see what the demands are and what the recommendation of staff is. Chairman McCue state he is concerned about losing another piece of commercial land and believes there comes a point when the legislature has to return some of the control back to the town. Selectman McCarter stated he agrees that it's disturbing that not only do you get dimensional variances, but use Board of Selectmen Minutes of January 28, 2004 8 variances after we've gone to the trouble of creating a master plan. It was noted the only r avenue is to ask our legislators to try to change the law. Town Manager D' Agostino: · Reminded everyone the train station ribbon cutting is set for February 6th at 3:30 p.m. Invitations have gone out, but everyone is invited. We now need to explore additional parking. He would like to provide it for Mansfield residents only, which will require a financial commitment from the Town with it being paid for from the proceeds. · He is scheduled to attend a meeting with the Department of Education on February 4th in Rep. Betty Poirier's Office at II :00 a.m. on the funding formula for the regional school. · Town has submitted its Community Development Block Grant (CDBG) application to the State and provided a copy of the narrative and program description. We have also submitted for 418 Certification for affordable housing strategies and believe both our applications are well positioned to receive funding. There are 110 CDBG-2 applications submitted. Our narrative clearly communicates the town's needs. r · Last year's operating budget was 3.1 % less than the previous year. The total budget was 5.5% when the schools are factored in. This year he asked Town department heads to submit what they believe is realistically needed to operate. Local aid numbers are up under the Governor's submission. Budget concerns and strategy were briefly discussed. The Town Manager noted his commitment to working with the Finance Committee in attempts to balance the FY'05 budget and his belief that it can be done without the need for an override. He also noted this is a revaluation year for the town and that should be kept in mind. In the future revaluation will be on a yearly basis so it will be gradual, which will hopefully eliminate value-based shock every three years. r · There is the need to establish a more realistic date for Town Meeting than the Town Charter date of the second week in April. It can realistically be as early as May 4th or as late as May 18th. Elections are May 11th. He suggested calling a Special for the 4th or 18th to give us enough time to place our articles, noting he would be more comfortable with a later date because we don't believe we'll have the House numbers before that. He also expressed concern that we may not have all the numbers in place for the 4th. Chairman McCue pointed out it's more important to have solid numbers than to accomplish it prior to the election. The Town Manager noted if there is a need to do an operational override, that can only happen with the Board of Selectmen's intent and they would need sufficient time to get that on the warrant. Motion: Not to support an operational override (McCarter-Achille) 5-0 Passes Board of Selectmen Minutes of January 28, 2004 9 r · Asked the Board to consider the Train Station plaque wording. Selectman MacCaffrie asked if we received the legal document that says the clock is ours. We will get the agreement, but the clock is up there and we need to get the plaque. The wording for the plaque was changed, reversing the second and third sentences, to improve the flow. Selectman McCarter: · Suggested putting raising ambulance fees on the agenda, noting the Board wanted to wait last week until we had a full board. Selectman Amoruso: · Sister Cities is still looking for host families. Selectman MacCaffrie: · Reminded the Town Manager of the need to have the Treasurer/Collector find out the reason for the increased Bristol County Retirement numbers. Treasurer/Collector Boucher is on vacation and he will be asked to do so when he returns. r · Reminded that Town Manager of the need to get information back from Acting Chief Bellavance on collection efforts before deciding to increase ambulance fees. He is getting feedback from the vendor and will have the board sign off on it. Selectman Amoruso provided the name of a vendor used by his company which allows the client to determine the degree of pressure exerted in collecting outstanding obligations. Selectman Achille: · Commended Betty Amicone on the recycling grants received for hazardous waste collections. Asked if that will facilitate our having a hazardous waste collection this spnng. · Asked that the Police Chief be put on the agenda to discuss changes to the winter parking ban regulations. Selectman McCue: · Thanked Lillian LaLecheur for taking the time to write to them commending Light Department Shawn Bell for work done on Park Street and asked that Mr. Bell be made aware of her gratitude. Selectman McCarter: · Noted reading an article in the newspaper from the Finance Committee and said he's .1'"" sure they didn't mean what they said, stating he was on the Finance Committee at one Board of Selectmen Minutes of January 28, 2004 10 r point and understands their frustration about balancing the budget. He does, however, expect they plan to work to help us prepare a budget for the Town as they were appointed by us to do so. He said he would like the Chairman invited in next week. Selectman Amoruso expressed his belief they'd like direction from us and doesn't know if the Town Manager is ready to make that presentation to us. Selectman McCarter reiterated his belief that they're professional and he doesn't think they really meant what was reported stating he expects them to work together. Motion: Having reached the 11 :00 p.m. meeting curfew, to extend the meeting for an addition five minutes to complete business. (MacCaffrie-Amoruso) 5-0 Passes Selectman MacCaffrie: · Said he would like to hold two spots for warrant articles for the following: - request a full-time assessor (Town Manager stated it's proposed in the budget and a separate article is not necessary) Selectman MacCaffrie asked that space be reserved for it as long as there is any question about it. - Add two associate members to Planning Board (Town Manager suggested he check to see if it requires a Charter change. Information is in the reading filing regarding Charter changes.) · Talked about an RFP to combine auditors for the Light Department and Town. Discussion ensued as to when this will be done relative to differences in the fiscal r year used for Town purposes and the calendar year being used by the Light Department. The Town Manager indicated this could be changed It was noted by Selectmen Amoruso and MacCaffrie that a calendar year is required for Municipal Light Departments. Motion: To adjourn at 11 :05 p.m. (Amoruso) 5-0 Passes %'?iz: r Board of Selectmen Minutes of January 28, 2004 11