Loading...
HomeMy WebLinkAboutmin brd of selectmen 01/21/04 r Board of Selectmen Minutes of January 21, 2004 \r,n - n~t,:;,(3 ITS 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) (' · 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. (' Board of Selectmen Minutes of January 21,2004 r (' r 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. Board of Selectmen Minutes of January 21, 2004 r- r r 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 Board of Selectmen Minutes of January 21, 2004 r r (' 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 Board of Selectmen Minutes of January 21, 2004 r r r 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. Board of Selectmen Minutes of January 21, 2004 r r r 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. r . 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 Board of Selectmen Minutes ofJanuary 21, 2004 r 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. r . 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 r Board of Selectmen Minutes of January 21, 2004 r 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 r to meet with the developer prior to their going to the ZBA and the Selectmen have the Board of Selectmen Minutes ofJanuary 21,2004 f 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. {' · 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. r (Amoruso) 3-0 Passes Board of Selectmen Minutes ofJanuary 21,2004 {' r r ~ ignaturè of Clerk /Ä~f/ {Date of Apploval Board of Selectmen Minutes of January 21, 2004