HomeMy WebLinkAboutmin brd of selectmen 01/21/04
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Board of Selectmen
Minutes of
January 21, 2004
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Present:
Vice Chairman Steven W. MacCaffrie, who served as Acting Chairman
for the evening; Selectmen David W. McCarter and Louis P. Amoruso
serving as acting clerk for the evening. Chairman Michael W. McCue was
not present due to the birth of their third child last Thursday; Clerk Roger
S. Achille was out of state on vacation with his family and unable to be
present for the meeting.
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. 30 in the amount of$4,019,412.76
Motion: To approve and sign
(Amoruso-McCarter) 3-0 with Selectman McCarter abstaining from Municipal
Building Committee payroll (MBC payroll 2-0-1)
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· Minutes of January 14,2004 Selectmen's Meeting
Motion: To approve and sign
(McCarter-Amoruso) 2-0-1 with Selectman MacCaffrie abstaining because he
was not present for the meeting
· Minutes of January 14,2004 Executive Session
Motion: To approve but not release
(McCarter-Amoruso) 2-0-1 with Selectman MacCaffrie abstaining because he
was not present for the meeting
· Memorandum from Police Chief Arthur M. O'Neill announcing receipt of a grant for
fifty bicycle helmets from the Governor's Highway Safety Bureau
· Letter from Mansfield Bank announcing they have reserved $150,000 in second
mortgage secured loans (Home Equity Loans) for Mansfield homeowners who
qualify for the funds from the Massachusetts Community Development Block Grant
Program.
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Board of Selectmen Minutes of January 21,2004
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Retired Treasurer Collector Joan Cutillo and several other retirees were present to discuss
the desire of the retirees to be formally recognized as a group. The retirees have decided
to form an organization, the main reason being health care contributions that came up at
last year's Town Meeting. They knew nothing about it and want to form a group to
ensure they are kept informed. She also noted a public misconception that became
evident during Town Meeting, noting townspeople are not aware of the difference
between public and private pensions. She pointed out municipal employees are not
eligible for Social Security and depend on the Town pension. She presented figures on
pension breakdowns of retirees. They want to be recognized by the Board as
representing the retirees so that when matters affecting their welfare arise, there will be
someone to call. She noted they are not "greedy" people and are only trying to maintain
their standard of living. She stated her assumption that Selectmen serve the Town
because they are interested in social issues and asked for the opportunity to be notified
when issues affecting their welfare arise. Selectman MacCajJrie noted he has no problem
with having a group set up to get input from and communicate with. He suggested the
insurance contribution split be kept at least even, if not a little better. His company, in
lieu of giving raises, pays 100 percent of their Blue Cross/Blue Shield. Town Manager
D 'Agostino noted it's a wonderful option. He stated prior to this there was little
communication with the retirees and he believes it's worth pursuing. He does not want to
make their financial situation any more burdensome than it is and pledged not to balance
the budget on the backs of the seniors. The current split is 75/25, which is different than
the split of the active employees. Selectman McCarter noted there was misunderstanding
about what those articles were about and he offered his support for establishing their
organization. He noted at the time the issue arose they were only giving the Town
Manager the authority to negotiate a different split with the employees on their health
insurance. Town Manager D 'Agostino pointed out there were rumors about going to
50/50 with the retirees, but that was not the intent. Mrs. Cutillo reported there are 133
Bristol County retirees. They are working with Celeste Jones to get a list of the retired
teachers to see if they are interested in becoming part of this group. Selectman
MacCajJrie said even if they can't all be contacted, we owe it to all of them. He noted he
would not want it to happen to him if he were in that situation. Mrs. Cutillo promised to
keep an up-to-date listing of all the retirees and to keep them informed of anything that
might come up. Currently she, Celeste Jones and Judy Scott are organizing things. They
will then hold a formal election by mail. Town Manager D 'Agostino asked that someone
from this group begin to attend the Insurance Advisory Committee meetings. Selectman
Amoruso noted his appreciation of their creating a means to keep in touch with them.
Motion: To recognize the Mansfield retirees association for the purpose of discussing
issues affecting them and for them to work with the Town Manager and the Insurance
Advisory Committee on a regular basis on matters affecting them.
(McCarter-Amoruso) 3-0 Passes
Selectman MacCajJrie thanked all those present for their past service and asked for their
continued dedication to the Town and their attendance at Town Meeting.
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Acting Chief Robert Bellavance was present to discuss his memorandum of December
15,2003 suggesting that ambulance rates be increased.
Selectman McCarter asked for an explanation of how people are billed. Comstar (the
billing company) is sent the slips on a weekly basis. They have dedicated people to keep
up with the regulations and coding in order to work with the insurance companies. The
rates are the same for everyone whether they have insurance or not. We have been
billing everyone based on Medicare rates. Every year they allow for a small increase.
Last year it was $5. but we opted not to increase our rates. "Medicare plus 30" is based
on actual expense per trip across the country. The current rate has been in effect since
2001 and was based on Medicare rates at that time. The difference between Medicare
and Medicare plus 30 is that all insurance companies are billed at the Medicare rate even
if they allow more. If it were a Medicare claim, we'd only take the Medicare
reimbursement and the patient would be responsible for the co-pay, which is 20% of the
Medicare maximum. We get 80% of the $307.10 from Medicare. If there is no insurance
coverage the patient is billed for the entire amount. We currently have $430,000 in
receivables. Some have no insurance and cannot afford to pay the full amount. Others
have insurance that pay them direct, and they then pocket the money and we don't get
paid. Comstar sends out three bills in an effort to collect. They get a percentage of
what's collected. We have the ability to establish the degree of expenses versus what
we're collecting. It was noted we haven't met our expenses with the ambulance fund.
2001 - $46,000 short in receipts; 2002 they collected $100,000 more than in the past and
we ended up netting $55,000; 2003 we were short $3,200. This year it's projected we'll
be another $3,000 short. If we were to go to the current Medicare maximum we would
be about even. We pay the billing company 6%. If the rate increase is not adopted the
insurance company is getting a break. Selectman Amoruso noted some of the elderly with
medical problems use the ambulance frequently and the bills add up for them. If we're
going to increase the rate, he'd like to know how we're going to use the additional
income, stating he is concerned about the uninsured if we go up to $399. He is also
concerned about the perception that the matter is dropped after three notices. Chief
Bellavance explained the 6% paid to Comstar would not cover our costs to bill. Medicare
service constitutes 60% of our database. If we make an ambulance run and there is no
transport, there is no charge to the patient as that service is paid for through their taxes.
Selectman Amoruso asked for a compromise on the amount of the increase. The Chief
stated the billing company has indicated that Medicare plus 30% is the national average.
He also pointed out the ambulance budget has been cut in the last three years. If it had
remained level, there would not be as great a deficit. He reported meeting with someone
today regarding our billing practices and may give that individual some of the collectibles
and see how well he does with them. We will also check to be sure a bill is sent to the
insurance company in the case of automobile accidents. Comstar gets the insurance
information from the Fire Department or the hospital. Selectman Amoruso asked about
their willingness to charge Medicare plus 15%. Chief Bellavance said they will abide by
the will of the Board. Selectman Amoruso noted it's a mistake to not go to Medicare
plus, but believes 15% would be a more reasonable increase and only going after the
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insurance companies when there's a demonstrated coverage. Selectman MacCajJrie
suggested postponing a decision until there's a full board next week.
Motion: To engage a firm to look into our receivables
(McCarter-Amoruso) 3-0 Passes
It was emphasized that we do not want the collection agency calling people who have no
insurance and no ability to pay. First try to ascertain there is coverage. Confidence was
expressed in the Chief to understand the intent of the Board and to implement this in a
fair manner. The Chief was asked to discuss with them what is reasonable.
Motion: To authorize the Town Manager to engage a "collection agency" in an attempt
to reduce our receivables, but initially to do so only in cases where there is insurance
coverage and to collect from the insurance carrier.
(McCarter-Amoruso) 3-0 Passes
Chief Bellavance also talked about an increase in fire inspection services as the result of
the number of commercial buildings currently being constructed. Previously he was only
asked to look at these for yearly regular inspections. All fees are $25 now. Deputy
Towne has developed a square footage plan with a sliding fee for plan review and
inspections.
Representatives from Verizon were present at the invitation of the Selectmen to discuss
why the poles have not yet been removed from North Main Street. Representing Verizon
were Engineer Chris Parella, Linda Mahoney of Community Affairs, and Rich Ellis of
the Construction Department.
Ms. Mahoney referred to the memorandum faxed to the Town earlier today outlining
some of the unanticipated obstacles encountered by Verizon in the completion of the
project. The project, estimated to take 2100 hours, was begun in December of 2002.
Although 2200 hours have now been devoted to the project, the entire job has not been
completed. They are continuing to work every possible day to complete the remainder of
the job and have dedicated a force specifically assigned to complete this job. She noted
weather related problems may force Verizon to modify their action plan. They will,
however, notify the designated contact person if for any reason a change to the plan is
required. Unless major roadblocks arise, she estimated the project will be completed by
March 27, 2004, at which time Verizon's cables and poles will be removed and all
customers will be working on the new underground cable.
Selectman MacCaffrie noted the completion date is couched with caveats. Selectman
McCarter noted Verizon is a money making organization and we've had to work with
other entities to get to this point. Ms. Mahoney reported it's a matter now of placing all
the circuit and lines underground. Mr. Ellis noted what is being put underground is a
mirror image of what was overhead. They've had to work on the areas where the old and
new cables meet. Mr. Parella pointed out the cable company will have to do the same
thing. If a new service is proposed at another point, the work has to be done. In driving
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here tonight he noted some old non-telephone cabling on the poles that were not
incorporated into the plan. Light Department Lineman Gary D 'Ambra responded, saying
cable was ready to take them down. We asked them to leave them up for now because
they're holding the poles up. Mr. Parella noted they are looking for a higher level of
communication between all the parties. Selectman MacCaffrie pointed out that if we're
stuck waiting for Comcast to remove lines, we can figure out a way to get reimbursed by
them. If you want Comcast out of there on March 27th and Comcast is not there, we'll
take them down and bill Comcast. He suggested Verizon's memo is "a bunch of bogus
excuses." He noted November 15th was given as a definite date and asked what Verizon
will do for us if March 27tlt comes and it's not done. Mr. D' Ambra said they had a
meeting in June or July with Comcast and Verizon. The Light Department was worried
then about Comcast not meeting the November 15tlt date. Selectman McCarter noted we
didn't even put up our traditional holiday decorations on those poles because we were
expecting them to be down. This is a high priority for us and it's a long standing issue.
Selectman Amoruso assured them he will not vote for anything they want to do in
Mansfield if the work is not done by March 27tlt. He also noted complaints from our
Light Department that we're paying crews to sit and wait for Verizon to show up when
there are motor vehicle accidents involving poles. He advised Verizon representatives
that will be glad to take care of the pole ourselves and bill Verizon for the work, stating
linemen are frequently called back in and paid overtime in these situations.
Ms. Mahoney noted they have limited resources and they have made this a top priority.
She suggested periodic updates in the interim. Aerial splicing is being done everyday
and has been for the last two weeks. Mr. Ellis reported there are currently four men
committed to this project. The number will be increased and they will be working
Monday through Friday. There is a working relationship between the Light Department
and the DPW. DPW Director Lee Azinheira will be asked to provide weekly reports and
will report to Gary D' Ambra and Jack Beliveau at the Light Department. Verizon in turn
was asked to give us 20 minutes notice if they need the Light Department for anything.
Representatives from Habitat for Humanity were in attendance as a follow-up to their
letter requesting an opportunity to meet with Selectmen to explain how teaming up with
Habitat would be beneficial to the Town of Mansfield.
Rich Tripp, President of the local affiliate and a member of the building committee;
Chris Copely, a Mansfield resident who is on their Board of Directors; and Cory Fellows
and Steve Mayo of the Site Selection Committee.
Selectman MacCaffrie noted we're in the throes of 40B regulations. When he was first
on the Board he advocated for getting affordable housing for Mansfield residents and is
somewhat knowledgeable about the work of Habitat for Humanity.
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Mr. Tripp stated their basic mission is to provide affordable housing. The secret of their
success is their ability to partner with communities in their service area to provide
affordable housing for their residents. Volunteers and local tradesmen provide a great
deal of the labor. One ofthe biggest challenges is the availability ofland. If they have to
pay $100,000 for a lot, it's difficult to make the house "affordable." They are interested
in completing two homes this year. They plan to provide an additional two next year, and
three the year after that. They've developed some partnerships with a couple of large
local builders who have provided assistance with materials. Over 100,000 affordable
homes have been built nationally through Habitat for Humanity. They believe it's the
right thing to do and the right way to do it. They do not use government funds. It is a
grass-roots community effort that changes peoples' lives in providing them with
homeownership they would not ordinarily have.
Selectman MacCajJrie noted when one is built the recipient would have to provide some
sweat equity. He asked their policy on the re-sale when the occupant gets on their feet.
In Norton the agreement was to place riders on the deed to require that the housing
remain affordable for 40 years. There is a formula that allows resale, but only at a
percentage of the median income of the service area. The first house in Norton was
$65,000 and Habitat provided the mortgage. They have the right of first refusal when it's
sold. The Town has the second refusal, and DHCD third. There's no incentive in a
$60,000 house to sell it for $65,000 because there's no place they can go. They're
allowed a slight profit, but it's regulated by the median income. If they want to sell,
Habitat would buy it and select another family. Their first project was to move a 3-
decker house that was donated onto a lot that was also donated. Mr. Tripp spoke about
the outcome of that project.
Selectman McCarter advised them there is some land we own and suggested they meet
with the Local Housing Partnership. Mr. Mayo, who is also a realtor, noted they ask for
buildable lots in accordance with zoning regulations. Selectman MacCaffrie spoke of
the Hope Street lots and others. Town Manager D' Agostino advised them we have
accepted a provision that allows us to accept the deed to property in arrears in lieu of
foreclosure. We have dimensions for all parcels and zoning maps, as well as a multitude
of other information using our GIS capabilities. Representatives of Habitat for Humanity
were invited to come back with some ideas or proposals we could consider in
accommodating them with available land. It was also noted we could make sure all such
development it is included in our 40B quota.
Motion: To authorize the Town Manager to meet with Habitat for Humanity to identify
parcels without jeopardizing our ability to develop housing ourselves
(McCarter-Amoruso) 3-0 Passes
Mr. Tripp reported Habitat has criteria for limiting the size of homes to 1200 sq. ft. for a
3 bedroom. This makes the proposal more zoning friendly. Selectman MacCaffrie
pointed out that providing the opportunity for a qualified Mansfield resident also makes it
friendly. He noted many young people have lived in Mansfield all their lives, but cannot
now afford to buy a home in their community. Mr. Copley pointed out that right now this
is the second most expensive area in which to live. The Bay Area of San Francisco is the
Board of Selectmen Minutes of January 21, 2004
only one higher. Mr. Fellows noted this makes it prohibitive in acquiring land. The were
r advised to get in touch with the Town Manager. Planning Director Shaun Burke was
noted as being their best resource for obtaining additional information on zoning,
planning, and the location and availability of Town-owned land.
George Dentino, Gladiola Terrace - followed-up on prior comments of the Tax
Incremental Financing given to Rolf C. Hagen Company; disputed costs for meals
incurred during recent snow removal operations and the legality of the number of hours
worked by those plowing and removing snow.
Town Manager D' Agostino reported:
. It appears Bristol County will be eligible for as much as 75% reimbursement for a 48-
hour period for the costs incurred during the snowstorm. He expects we will receive
about $60,000. Selectman McCarter asked if the matter of the mailboxes has been
cleared up. DPW Director Azinheira reported meeting with the Post Master and will
be communicating with the residents who had the problem.
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. In speaking with Chairman McCue he has expressed an interest in pursuing all
available options with regard to the Cedar Heights 40B permitting to protect the
interests of the town. Selectman MacCajJrie reiterated his concerned with the use of
industrial land for this purpose. It was noted a position needs to be taken next
Wednesday night.
. The MBTA Train Station ribbon cutting is scheduled for February 6tlt at 3:30 p.m. at
the Train Station. This has been a long-standing project that has finally become a
reality. The challenge now is to provide parking. There has been some confusion
about the use of the temporary parking on Old Colony Road that needs to be
clarified. Further discussions will determine if the temporary parking will become
permanent. He will get the plaque for the clock. The salvaged, refurbished benches
will be placed under the overhang. There is also some discussion about keeping the
Train Station open longer, which would necessitate looking for a vendor. We are
hoping to open the Train Station for use by community groups in the evening.
Selectman McCarter asked if the Town could bid on it, then offer the opportunity to
seniors to staff it through the tax write-off program. We're compiling a list of
invitees including present and past Selectmen, Planning Board members, and ZBA
members. All are welcome to attend.
. The Board has asked to have bordering communities included in a Comprehensive
r Wastewater Management meeting. He would like to invite Easton and North
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Attleboro and has asked for possible meeting dates. Staff has also asked staff from
other communities to participate in the past, so there has already been some
involvement. Selectman Amoruso said he would rather see the effort focused on
getting the budget done for now and table this until sometime in March.
. Have received notification that the Town has received reimbursement for land along
the Canoe River. It appears it will be around $157,000 and will go a long way in
defraying those costs. He congratulated Lenny Flynn, Dick Lewis and the Natural
Resources Trust in obtaining the grant.
. Is scheduled to meet with the Seniors tomorrow at 10:00 a.m. for coffee at the
Council on Aging. Selectmen and the public are welcome to attend.
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. There has been much discussion and many inflammatory comments in the local
newspapers regarding our snow removal activities in an event that was the most
significant in 20 years. The roads in times such as this are and will continue to be
plowed in accordance with our policy. Primary roads are cleared first on a priority
basis; then secondary roads on a priority basis; and dead-end roads last. The policy
has been in effect for many years and has been implemented consistently. This snow
event in question started on Friday and ended Sunday. We do not have the luxury of
extra personnel to callout. We plow in accordance with the policy and procedure
established and did not deviate from it in any way. We do the best we can with what
we have. It was stated we also dealt with some sites on a priority basis where health
situations warranted it. Selectman McCarter noted wisdom suggests not responding
to letters to the editor. In this particular case, however, he categorically states he
never said not to plow anyone's street. He apologized if something was said
humorously and was misinterpreted. The street that was the subject of a letter to the
editor was a dead-end street and was plowed in accordance with the Town policy.
He took umbrage to the accusation of his being "corrupt" and noted he has never
taken a nickel from anyone to run for the office of selectman. He felt compelled to
address the statement and noted his regret that the Town Manager was lumped in
with him in his poor attempt at humor. '
Selectman McCarter:
. Asked when will we be getting the ambulance. Town Manager D 'Agostino reported
it's in Texas now due to a union issue that resulted in the closure of the plant in
Detroit. We've been told it will be March, but he doesn't offer much hope that we
will have it then. We're working on upgraded equipment at this point.
. Asked the status of Hatheway Patterson. It's still contaminated and we're working on
trying to get the busses over to the black-topped section that has been remediated.
EP A has completed their testing and we're waiting for a report. Super Fund money
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being available for total remediation is the sticking point currently. Cleanup is
estimated at $5-6 million.
Selectman MacCaffrie:
· Asked for an update regarding Mansfield Green outsourcing disposal. Town
Manager D 'Agostino said he does not know what DPW Director Azinheira has done
lately. His plan was to visit a couple of communities to determine the feasibility. He
will get an update.
· Asked the Town Manager to thank DPW Director Lee Azinheira for the update on the
Fuel Depot expenditure analysis, noting except for $38,000 for the removal of the
tanks there is approximately $40,353 worth of work left to do.
Selectman McCarter:
· Noted attending the Massachusetts Municipal Association meeting over the weekend
and asked if the vendor who uses the scratch system for parking could come in and
talk to the Board. Town Manager D 'Agostino noted the need to bring the Police
Chief into the plan and set up a meeting. The system encourages commuters to go
into local businesses to purchase these tickets, which are good for three years. The
vendor gets a percentage of the sale for collecting and distributing the booklets.
{' They're also looking into the prospect of paying by cell phone.
· Noted the nice trash barrels on the South Common and the old ones on the North
Common that say "MHD" on them and asked if we could put ~e new ones on the
North Common. The ones on the South Common are $273 each. We can buy them,
but would rather do it as part of a new design for the North Common. We would like
to expand the North Common, but we'll need to add parking in that area somewhere
else.
· The suggestion was made to have the Town Engineer look at newest 40B proposal
and render an opinion as to our ability to provide water without affecting the water
pressure in the area. A hydrology report will be provided. Application for water
extension can be long after they get their permit. Selectman MacCajJrie suggested
asking the ZBA to address it upfront. Town Manager D 'Agostino pointed out that
we're nowhere near site plan review yet, which is where it's generally addressed. He
will ask that it be evaluated earlier in the process if there's a possibility that it will
affect water pressure in that area. Selectman MacCajJrie noted they're talking to the
engineer about water and sewer issues and pump stations already. Selectman
Amoruso reported he went to the 40B Seminar and believes the Town needs to set up
protocol procedures for any 40B's that come before us. There are many things that
are not being done in the proper order and every aspect of the plan should have a
consultant to look at it with the applicant payingfor it. It's possible for the Selectmen
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ability to offer a friendly endorsement. He has handouts from the meeting that he will
provide the Town Manager. Starting with the finances, Selectmen should be
reviewing it and the applicant should be paying for it.
Selectman Amoruso:
· Reminded everyone again that the Sister Cities event will be taking place in
Mansfield May 14-22 and people to serve as host families are still needed. Anyone
interested can contact Kelli Baker or any of the officers. The British Invasion will be
held on February 7th at the Elks. There will be a showing of "A Hard Days Night"
and everyone will be wearing clothing from the 60's. Music will be provided by
Peter Conti. Tickets available at Bookends, Barrows, Mansfield Bank, and from
members.
Selectman MacCaffrie:
· Had a memo about the Central Fire Station repairs. He noted it needs to be high on
the list of priorities for CIP. The men have indicated they would be willing to do
some of the work. Town Manager D 'Agostino reported that the fire station is in
violation of some of our ordinances and the situation needs to be taken care of
Department Head will be following up on it.
· Asked about an update from Richard Boucher after meeting with Bristol County as to
why our expenses are so high.
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· Recalled reading a file a couple of weeks ago about a complaint filed against South
Main Shell on towing that blinked the town into culpability. In reading the policy he
believes South Main Shell did not do their job appropriately. The towing company is
responsible for getting the information and they relied on the Mansfield Police to get
it. There's now an issue between South Main Shell and Budget Rental Car and he
asked what our responsibility is in the matter. We're not responsible for it. It's up to
South Main Shell to do it and we can ask the Police Chief about it. We also need the
towing policy from the Chief to vote on with the changes, in addition to the parking
policy. He also stated he believes there should be an appeal process on the denial of
a towing license and would like something put together in writing for the Board to
review.
· Suggested parking fines at the Train Station be established on a tiered basis. Town
Manager D 'Agostino said it requires technology that's about $30,000. A brief
discussion ensued as to less expensive ways that could be implemented to track the
number of violations against any particular vehicle registration number. The Chief's
input is needed on the suggestion. .
Motion: To adjourn at 10:40 p.m.
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Board of Selectmen Minutes ofJanuary 21,2004
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Board of Selectmen Minutes of January 21, 2004