HomeMy WebLinkAboutmin brd of selectmen 01/14/04
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Board of Selectmen
Minutes of
January 14, 2004
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Present:
Chairman Michael W. McCue; Clerk Roger S. Achille; Selectmen David
W. McCarter and Louis P. Amoruso. Vice Chairman Steven W.
MacCaffrie was out-of-town 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.
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· Town Manager D' Agostino announced the donation by Bill and Jen Sarro of two
tickets for the Patriot's Playoff game on Sunday. Sealed bids will be received up
until noon tomorrow, January 15, 2004. Bids will be opened at that time and the
tickets will be awarded to the highest bidder, with all proceeds going to the Mansfield
Ambulance Fund. Sealed bids should include the name, address and phone number
of the bidder, along with the amount of the bid. The outside of the envelope should
read New England Patriots Championship Game to Benefit Mansfield Ambulance
Fund.
· Warrant No. 29 in the amount of $3,866,172.78
Motion: To approve
(McCarter-Amoruso) 4-0 with Selectman McCarter abstaining from Municipal
Building Committee payroll Passes
· Minutes of January 7, 2004 Selectmen's Meeting
Motion: To approve
(McCarter-Achille) 4-0 Passes
· Minutes of January 7, 2004 Executive Session
Motion: To approve but not release (Selectman Amoruso noted page 4 should read
"interrogatory" not "derogatory" and asked that the minutes be stamped
"Confidential". The correction was noted.
(Amoruso-McCarter) 4-0 Passes
· MDPG Corp. dba Driscoll's Restaurant, 350 North Main Street (is in the process of
purchasing Devon's Place) - Common Victualer
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Board of Selectmen Minutes of January 14, 2004
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walter Driscoll, who is buying Devon's Place, was present with his attorney, Sam
Hausman.
Mr. Driscoll noted it will be similar to the way it is as Devon's Place. Nothing will
be changed structurally, but there will be cosmetic improvements and he will be open
3-4 nights per week for dinner after it gets up and running. He's been in the
restaurant industry for fifteen years. He will be applying for an alcohol license for
beer and wine in the next few weeks.
Motion: To approve and sign the Common Victualer license
(Achille-Amoruso) 4-0 Passes
· Tri-County Beagle Club - One Day Beer & Wine license for Members Movie Night
on Friday, January 16th - taxes owed for first half of year
Motion: To approve and sign
(Achille-McCarter) 4-0 Passes
Request they pay bill and stay current prior to requesting additional licenses.
· Permits to be signed for Sunday Package Store Openings approved December 17th
Motion: To sign
(Amoruso-McCarter) 4-0 Passes
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· Drainlayer's License (recommended for approval by Town Engineer John Sullivan)
for lR.D., Inc., 3 Sammy's Lane, Assonet, MA
Motion: To approve
(Amoruso-Achille) 4-0 Passes
Boards and Committees
· Letter from Municipal Building Committee in support of the reappointment of Ken
Gay
· Chairman McCue congratulated the Mansfield Public Library in achieving the second
highest ranking in the area. He briefly reviewed the process used in rating the
libraries, noting the Mansfield Library often works on a shoestring budget and yet
does yeoman's work. Congratulations and thanks were extended to Director Janet
Campbell and the library staff, as well as the Board of Library Trustees.
Applicants for a 5-year term on the Municipal Building Committee were interviewed.
Paul North of 1007 East Street is a new applicant; Kenneth M. Gay, Jr. has served one
r term on the Municipal Building Committee and is applying for reappointment.
Board of Selectmen Minutes of January 14, 2004
r Mr. Gay noted his term expired December 31 st. During his service on the Municipal
Building Committee he also represented them on the Capital Improvements Committee.
Mr. Gay spoke of his involvement in the school projects during his tenure, noting the
resolution of HV AC problems. He also worked on the Fisher Richardson House project
and was familiar with post and beam construction. He's personally building a "period"
door for the storage shed and looking for a blacksmith shop to make the hardware for it.
This is being done in conjunction with the Historical Commission. He is meeting with
the Manager of Special Projects regarding updating the lighting and creating a better
view of the items inside the historical building. In addition he's working with Woodard
and Curran on the mechanical aspects of a project and working with Bill Gerber on the
Animal Shelter Project.
Mr. North said he is an architect living in East Mansfield and works at UMass Boston
overseeing projects built by the State and other projects using internal funds. He also
designs smaller projects at the University and oversees larger projects. He's been in
Mansfield for seven or eight years and has not been very involved in the Town because
his children were young. They're now in school and he's interested in becoming more
involved in the community. Professionally he is on the team overseeing the $76 million
Campus Center which is currently at the punch list stage. He's also involved in the
design of a new softball field and clubhouse. Selectman McCarter asked about his interest
in the Planning Board and Zoning Board. Mr. North noted he works with Pat Burns who
is involved with the Skateboard Park and his interest evolved from their discussions.
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Selectman Achille spoke of serving on the Capital Improvements Committee with Mr.
Gay. He noted Mr. Gay's comments of it being "fun" and asked him to comment on that.
Mr. Gay noted if you take things too seriously they're going to weigh you down and tire
you out. Some of the discussions regarding projects can get heated, but when they come
to the end of the discussion and can bring "pleasantness" into the process, it makes it
more enjoyable.
Selectman Amoruso noted both applicants are well qualified and stated he's leaning
toward Mr. Gay but would like Mr. North to have an opportunity down the road. Since
Mr. Gay is currently serving and desires to continue, he would like to see him able to do
so. He would, however, be upset if not appointing Mr. North would discourage him from
staying involved and interested. Selectman McCarter noted Mr. North's interest in ZBA
and spoke of an opening coming up of which he would like to see Mr. North notified.
Chairman McCue spoke of his pleasure with the number and qualifications of applicants
this year and noted he will stay in touch with whoever does not get appointed tonight.
Nomination: To appoint Kenneth Gay to a second five-year term on the Municipal
Building Committee
(Amoruso) 4-0 Passes
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Board of Selectmen Minutes ofJanuary 14,2004
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Bruce Montgomery, Executive Director of the Tweeter Center, was present at the Board's
invitation to discuss their efforts to control sound as the result of increased noise
complaints from residents of West Mansfield and Norton.
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Mr. Montgomery reported they've had a consultant look at the situation and he believes
they've done everything possible to reduce the sound. There is new technology that
better absorbs sound, but they believe it will improve tremendously in the next two to
three years and have decided to delay purchasing it until the improvements are made.
They did increase the height of the sound wall two years ago. The sound management
system that records the levels indicates they have not exceeded the sound levels. The
suggestion was made to use a wireless monitor somewhere in the woods behind the wall.
That will provide information, but will not make a difference to the neighbors. They
send out a truck to five different locations during the evening on concert nights to record
the sound levels, and he doesn't believe the wireless monitor in the woods would prove
of any value. Digital Direct Activity Control is the new technology and most of the
artists are using it. It has significantly enhanced their ability to manage the sound. It
produces a more focused sound that gives them more control on a loud concert to turn it
down. There have been loud nights when they've turned off their own speakers entirely.
When they do replace their speakers, Bose has put out a new system that is the cutting
edge of technology and they expect to go to a system like this. There is a requirement
under the DEP regulations that speakers must be turned off if a given decibel level is
exceeded. Occasionally artists hang speakers in addition to the speakers owned by
Tweeter Center. They can then turn their speakers down. Some upgrades were done five
years ago and the sound quality is good. The next time they update the equipment it will
be with the newer technology.
Selectman McCarter noted prior to 1995 there was no decibel level limit put in the
license. It is regulated however by DEP. He noted during the licensing process there is
always pressure on the Selectmen to get the decibel level lowered. He asked Mr.
Montgomery to address what they do to reduce the noise level, noting environmental
conditions have an effect on it. Mr. Montgomery said there were six complaints received
this year. In the early years it was substantially louder in the surrounding neighborhood.
They have lowered the edge of the roof and used sound absorbing material to contain the
sound. They also raised the height of the back wall. The sound in the neighborhoods is
below 50 decibels most nights. By comparison, people talking in a room is generally in
the neighborhood of 75. It is audible and it does bother people. It varies night to night,
even with the same show and no change in the facility. There is a monitor at the top of
the lawn that feeds into his office. If they hit 95 it's turned down. They do not see that
very often. It's generally 92-93. Years ago there was a Board of Health member there
every night. They also calibrated the sound level.
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Selectman Amoruso asked what direction the speakers face-they face down, coming
from the pavillion out toward the wall. He asked if they could be positioned coming in
from the wall. Mr. Montgomery explained there is a "delay"-the sound is made at the
Board of Selectmen Minutes of January 14, 2004
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stage but there is a y.¡ second lag for the sound to get from speaker to speaker and it
travels. If the speakers were turned around, there would be clashing sounds and a
disruption of the signals. The wall at the top of the hill zig zags to prevent bounce-back
of the sound. Even a new system would have a delay from one speaker array to the next.
Selectman McCarter noted some of the complaints have been not about the noise, but
about the words used by some acts being objectionable.
Selectman Achille thanked Mr. Montgomery and the Tweeter Center for their attempts at
addressing the issues. He asked if they are not already using state-of-the-art technology.
Mr. Montgomery noted the equipment used by the acts is new every year. They
frequently turn off the Tweeter Center equipment. It's six to eight nights per year that a
larger number of complaints are received. Selectman Amoruso noted it is not as loud at
his house as it used to be. Mr. Montgomery reported the consultant designed their system
especially for them and it is now used by 25 venues across the country. Selectman
McCarter noted that even though the situation has improved over the years, there is still
room for improvement and asked Mr. Montgomery to think about what they could do
during the licensing process.
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State Representatives for all precincts were invited to update the Selectmen and residents
on legisla~ive matters affecting Mansfield. Representative Michael Coppola, who was ill
and not able to be present, was represented by Legislative Aide Lauren Barnes. Present
were Representatives Elizabeth A. Poirier and Louis Kafka.
Chairman McCue noted Rep. Kafka is new to representing Mansfield and asked him to
introduce himself. He's serving his 7th term and is the only Democrat in our district. He
represents one precinct in Mansfield in addition to others in neighboring towns.
Rep. Poirier represents two precincts in Mansfield and others in Attleboro, Norton and
North Attleboro. She extended Mike Coppola's best wishes and noted the three of them,
along with Senator Sprague, work in concert with each other in representing Mansfield.
They appreciate the support they've had from the Town of Mansfield and noted it's a
pleasure working with Town officials.
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Chairman McCue asked for their insight as to what we may be looking at going into the
next fiscal year. He noted he'll be listening to the Governor's State of the State address
and has heard it will be more upbeat this year than last. He asked their impressions as to
where we might be in the next couple of months with regard to the economy. Rep. Kafka
suggested that although revenues are above projections, it's premature to get excited.
They still anticipate there will be a deficit, although not as much as the last couple of
years. The Governor's budget will be released at the end of the month. The House and
Senate will conduct hearings at the same time to give the Governor sufficient time to
finalize the budget in a timely manner. Selectman McCarter suggested the possibility
Board of Selectmen Minutes of January 14, 2004
that projections were also low this year. Rep. Kafka said they will try to bring in local
r aid equal to last year, if not a little more. Rep. Poirier noted they have committed to
getting the budget done on time and perhaps even earlier than last year. In a meeting
with the Governor last week he indicated he would not be reducing the local aid figures
to any degree. That may alter by the end of June. Corporate revenues are higher; income
taxes are not as high. Things are moving in an upward fashion, but it takes awhile for
increased revenues to catch up with what we need to spend and to backfill some of the
things that had to be cut. She hopes they will be in a better position. She noted
Mansfield is in a better position than many other communities due to the planning they
have done.
Rep. Poirier also reported working with John D' Agostino to set up a meeting the first
week of February to talk to people who can provide an analysis of the funding as to how
much each community has to pay into the regional school. Rep. Kafka said a
commission has been established to look into school funding and the formulas used.
Until their work is done, there won't be much to report. Betty's meeting will gather the
input of Towns and look to where change is necessary.
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Selectman McCarter noted money issues and 40B are most important and asked for
update. The Representatives spoke of legislation pending in Ways & Means that will
later be debated on the floor, noting it's premature to talk about what the changes may be.
Selectman McCarter suggested short-term relief was discussed if certain things were
done with regard to 40B projects. He said it would probably be too late for us, but might
help someone else. He noted Reps. Poirier and Coppola both served on that Task Force.
Rep. Poirier reported they worked hard and traveled around the state. She pointed out it's
different in suburban fast-growing communities than in the cities and said they had to
show them how adversely it affects smaller communities such as Mansfield. The Task
Force did an excellent job and did amazing work in traveling many miles to see the
effects firsthand. Two years ago it was the most contentious debate of the year (3 days
and there was never consensus). It's very different now, and although they may not get a
perfect bill, it will be much better than the current law and they will continue to work on
it in an attempt to make everyone happy.
Selectman Achille noted the hope that we've weathered the worst of it. He thanked them
for their continued hard work on behalf of the citizens of Mansfield.
Chairman McCue asked about the status of the Economic Recovery Act giving people
relief from penalties and taxes, noted it seems to have fallen by the way side.
Discussions had been started regarding prevailing wage, severability of union
negotiations, charging of entertainment fees to large venues and other related matters. He
asked if there's anything they can do as Selectmen in getting participation from other
towns through their state association.
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Rep. Poirier congratulated Selectman McCue and Town Manager D' Agostino on their
efforts in getting Mansfield designated as an Economic Target Area (ETA) which gave
the Town an opportunity to offer benefits to communities in getting them to come to
Board of Selectmen Minutes of January 14, 2004
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Mansfield. She noted the success was based on the testimony given and it's very unusual
for that designation to be given to towns such as this. Rolf Hagen become the first
beneficiary and will therefore remain in Mansfield, increase the size of their company
and the number of their employees. She stated people now know that Mansfield is a
business-friendly community and that you will work hard to keep businesses in town.
Town Manger D' Agostino reported there are three more new businesses in the pipeline
and a couple other inquiries. There is the potential for several hundred new jobs as a
result.
Rep. Kafka reported there are approximately 8,000 pieces of legislation to be dealt with
by the various committees. It's still early to know what will be coming forth, noting he
sits on Ways and Means and sees them later in the process. Every year the budget is the
most important piece of legislation they deal with to bring money to the communities and
fund local programs.
Chairman McCue asked our State Representatives to let us know of anything we can do
to help them. Selectman McCarter thanked them for keeping in touch with us.
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Motion: To go into Executive Session at 9: 10 p.m. for the purpose of discussing
litigation and to return to Open Session at the conclusion of the discussion.
(Achille-Amoruso)
Roll Call Vote: McCarter, aye; Amoruso, aye; Achille, aye; McCue, aye
4-0 Passes
The meeting reconvened in Open Session at 10:10 p.m. Chairman McCue did not return
to the meeting. Selectman Amoruso called the meeting back to order.
Motion: To appoint Selectman McCarter as acting chairman
(Achille-Amoruso) 3-0 Passes
Selectman McCarter announced that Chairman McCue had to leave because his wife is
about to have a baby. He also announced that during Executive Session one of the
matters discussed was a suit with the former trash collector. He was authorized to enter a
stipulation for dismissal because the company is in bankruptcy and the Trustee does not
wish to pursue the case.
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Bill Gerber of Central Street-- has been to ZBA and asked if there's any way they could
ask developers coming into Town to contribute to the Animal Shelter Building Fund.
They said they could only ask for funding compatible with the project, but suggested he
ask the Selectmen to write letters to developers coming into town asking if they'd like to
make tax deductible contributions. Since Town Meeting he has taken in $5,276.88 for
Board of Selectmen Minutes of January 14,2004
the new animal shelter building. He will also be getting donations from Shelter Friends,
r but there is still a long way to go. He spoke of the work going on and the need for
volunteers. Recent contributions have come in from Mansfield Women of Today which
contributed $1,228.48 from the proceeds of their Harvest House Tour. David & Lisa
Stampke have contributed enough money to get their own plaque, as have Mary & Lou
Andrews and Priscilla Douglas. $500 or more qualifies for an individual plaque. For
$5,000 there is one large enough for a company logo or engraved photo. Selectmen said
they will check with Town Counsel to see if they can legally send the letter to developers
and are not opposed to doing it if it's legal.
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Mr. Gerber next complimented DPW, stating he witnessed them clearing the Route 106
underpass. He also noted that in this year's cable license Access was supposed to go to
three channels and get the fourth one back if they could show they generated enough
programming. Basic cable is going from $9.75/month to $12.50. He doesn't believe
they're generating the number of programs they're supposed to and asked that something
be added to the basic tier to justify the price increase. Selectman Amoruso noted a
Superior Court decision in California that allowed them to freeze the rates for two years.
Mr. Gerber also reported the Committee has not met for 4-5 months and suggested
Selectmen take matters into their own hands and do something about it.
Goerge Dentino, Gladiola Terrace - spoke about the ETA package which he disagrees
with. He stated it allows them to get tax relief both on the building and personal
property, which will lower revenues for the town and will have to be made up by the
residents. He stated we're the second highest taxed community in the area; we have a
large industrial park and we keep giving them breaks that will reduce our revenues. He
also spoke about the breakfast offered to the guys snowplowing and his understanding
there were also two dinners. The cost of these things he estimates to be $1,100 to $1,200
and asked who paid for it. Town Manager D 'Agostino said it came from the Snow and
Ice budget, but doesn't believe it was $1,200. He reported the men worked 60 hours
continuously and we negotiated meal allowances out of their contracts that we would
have had to pay for during at least one previous storm. The goodwill generated allows
concessions in return that far outweigh the costs associated with this one particular
storm. It's also done in fire situations when there is a prolonged period of work.
Selectman Amoruso also stated the money was well spent and appropriately spent. Just
the cost of sending them home would have been more and it was a good morale builder.
Mr. Dentino noted many people believe they work hard, but also believe they're well
compensated for it. He also took exception to the statement they worked sixty hours
straight. Town Manager D 'Agostino said it may have been thirty for the storm itself.
Sixty hours overall with the work done downtown. The only department that pays people
to go home and sleep is the Light Department. We send them home and call them back
after a certain amount of time. Safety is an important issue. Selectman Amoruso noted
there is sufficient evidence that Rolf Hagen Company had made arrangements to move
elsewhere. He has seen evidence to the contrary and suggested Mr. Dentino has no facts
to back up his theory. They did not go because we were able to convince them to stay
and the owner of the company did not want to uproot his employees. Where he was going
to go also had a TIF program and there were going to build a new building for them.
Board of Selectmen Minutes of January 14, 2004
Hagen got only the TIF in Mansfield. The building is eligible for the TIF, but the Board
r does not have to extend that to anyone else. It's project specific. Selectman Amoruso
explained the provision of the TIF to Mr. Dentino.
Town Manager D' Agostino reported:
. Draft sidewalk extension policy is available for review in the Town Manager's
Office. A hearing is scheduled for February 4th at 8:00 p.m. The latest draft
incorporates the Board's comments of November 5th and it will be on the website.
. Lee Azinheira has provided us with a report on the replacement of mailboxes on
Elyse Road. Some of them have been replaced in accordance with the policy. DPW
employees went out to all the addresses and assessed the situation. This area received
the most snow and it was difficult to plow. The road was narrow and when we tried
to open it up by pushing back the snow, the damage occurred. The Postal Bulletin
spells out the policy as to where the mailboxes should be located. There has been a
contradictory communication since then from the Post Office. We take responsibility
for replacing them if they meet the required setback and are damaged. Have Lee
Azinheira come in to talk about it some night. Selectman Amoruso said he wants to
be sure we're consistent with the Post Office regulations.
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. Collector/Treasurer Boucher has provided an explanation of the pension costs that
addressed membership, the total number of employees in the system, dollar number
we're paying employees, and actuarial numbers. It is expensive, as staff noted as
well. There is an attempt to set up a meeting to find out why the costs have escalated
so. We also have not laid off people the way some towns have.
. On January 22nd at 10:00 a.m. he will host another Senior Coffee Hour at the COA on
Hope Street. Selectmen are invited to attend if they are available to do so.
. We will be at the MMA Conference Thursday and Friday this week. He is scheduled
to make a presentation at 2:30 Friday on how we've leveraged investments from the
community to look at creative ways to solve some of our social problems through
intervention so we don't pay a higher price later on.
Selectman McCarter:
. Asked about the status of the neighborhood skating rink proposed, noting he read the
letter from our insurance company. Issue is ifwe allow it here, will they be popping
up on every cul-de-sac island around town. We also require liability insurance of
r every organization that holds an event on the Common.
Board of Selectmen Minutes of January 14,2004
r . Send a letter to the resident who wrote about the emergency inspection fee advising
her it can't be waived.
. Train Station - noticed it has been opened. The Town Manager said he was going to
mention it but compressed his Town Manager's Report. It's "unofficially" open and
he has been into it. It's magnificent and a ribbon cutting ceremony will be scheduled
on a Friday at 3:30 or 4:00 with the hope that more people will be able to be there
then. DPW went in and took the old mahogany benches and GATRA is going to have
them reconditioned and put under the canopy. It's a nice addition. They are thinking
about inviting anyone who had anything to do with making it happen to the ribbon
cutting ceremony. If we miss anyone, please contact us and we will include you.
Selectman Amoruso:
. Urged people to become involved in Sister Cities May 14-22 in housing people or
participating in other ways and announced a fundraiser being held February 7th at the
Elks Lodge. Tickets are available; seating is limited. Town Manager D 'Agostino
added there will also be a dinner at the Middle School cafeteria.
Having reached the 11 :00 p.m. curfew, there was a
Motion: To continue the meeting until 11 :05 p.m.
(Amoruso-Achille) 3-0 Passes
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Selectman Achille:
. Thanked the Board of Health for their responsiveness to inquiries regarding
hazardous waste collection. Suggested it would perhaps be a good idea to reassess
our collection program now that the budget process is beginning to see how these
coordinate and see if there are any cost savings that can be achieved.
Motion: To adjourn at 11 :06 p.m.
(Amoruso-Achille) 3-0 Passes
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Signature of Clerk (a L n 'j)
1/ 21 /0 r.¡-
Date of Ápproval
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Board of Selectmen Minutes of January 14, 2004