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HomeMy WebLinkAboutBOS MINUTES 1-27-1999Board of Selectmen Minutes January 27, 1999 Present: Chairman Madan, Clerk McCarter, Selectmen Amoroso, Robinson, and Royle John D'Agostino, Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant No. 31 - $2,075,401.67 Motion: To approve. (Robinson Royle) All in favor. Chairman Madan abstained on all Building Department items; Clerk McCarter abstained on the Municipal Building Committee payroll; and Selectwoman Royle abstained on all Board of Health items. Passes. B. Licenses and Permits Application of Tahana Restaurant for a Sunday Entertainment license for music and dancing on Sundays with attached memorandum from the Building Inspector stating the use would be permitted Motion: To approve. (McCarter - Royle) All in favor. Passes. C. Minutes • Minutes of January 11, & 13, 1999 Motion: To approve the minutes of January 11, 1999. ( Royle- Robinson) All in favor. Passes. Motion: To approve the minutes of January 13, 1999. (Robinson - McCarter) (3 -0 -2) Clerk McCarter and Selectman Robinson Abstained. Passes. • Executive Session Minutes of October 8, 1997 Motion: To release. (Robinson - Royle) Clerk McCarter and Selectman Amoruso abstained. Passes. • Executive Session Minutes of May 27, 1998 Motion: To release. (Robinson- Royle)Clerk McCarter and Selectman Amoruso abstained. Passes. • Executive Session Minutes of December 3, 1997 ( Motion: To release. (Robinson- Madan) (2 -0 -3) Clerk McCarter, Selectman Amoruso, and SelectwomanRoyle abstained. Passes. F: \TLPVvM12799.doc Page 1 of 9 Correspondence Action: State and Local Government Letter from John Moretti, Superintendent of Schools, stating on January 19, the School Committee endorsed the acceptance of 12.8 acres of land donated by Maystar Corporation of Foxboro by a 4 -0 -1 vote Miscellaneous Letter from the Mansfield Women of Today requesting a waiver of the auctioneer special permit fee for their March 20 auction. This year's beneficiaries of the auction are: Ronald McDonald House in Boston, Breast Cancer Coalition, American Cancer Society Breast Cancer Research and Awareness, Kennedy- Donovan Center Early Intervention Program, and the Annual Mansfield Women of Today Scholarship (which has doubled and will be awarded to two local high school students this year) Motion: To waive the auctioneer special permit fee for the Mansfield Women of Today. (Boyle- Robinson) All in favor. Passes. Letter from Linda M. Robey, Norton Resident, requesting a resident parking sticker to be granted in lieu of the fact that she has so many relatives in Mansfield who do not use a permit due to their local employment Motion: To send a letter to Ms. Robey denying her request for a resident parking sticker. (Boyle- Robinson) All in favor. Passes. The Town Clerk, Police Chief, and Town Manager will be ineeting to discuss resident stickers and control of them. The Parking Enforcement Officer began ticketing cars with out -of -state plates bearing a resident sticker. Selectmen questioned the Town's ability to revoke stickers issued to persons who have given their resident sticker to a non - resident. Other Miscellaneous Letter from Time Warner Cable advising the Selectmen that effective February 1999, the monthly fee they collect and pay to the FCC for the administration of cable television will be adjusted from $.03 to $.04 Letter from Frank Gay, Gatra, inviting the Selectmen to a meeting on February 1 at 11:00 AM with property owners affected by the proposed train station renovations. Selectwoman requested a list of the affected property owners. 2. Questions and Comments Karl Clemmey 390 West Sheet, addressed the Selectmen concerning taxes and revenue for the Town of Mansfield and stated that he hopes that the land owners within the "Golden Triangle " -- Walsh, Clemmey, White, and Willis —are invited to the next business roundtable meeting so that they may provide their input to Town Officials. Mr. Clemmey ( also stated that he wrote a letter to the Selectmen a couple of weeks ago concerning the Southshore Antique Auto Trading Bee, to which he never received a response. Lastly, Mr. Clemmey submitted copies of a 1996 opinion letter issued by the Building Inspector concerning flea markets and submitted aerial photographs of the Trading Bee. Mr. F: \TLPVvW12799.doc Page 2 of 9 Clemmey stated he feels the vendors of the flea market should be required to obtain business certificates. Mr. D'Agostino asked if the vendors participating are for -profit or not -for- profit entities. 3. 8:10 PM Discussion with Board and Committees re: Proposed Charter • Board of Assessors Paul Folkman, Board of Assessors, stated the Board of Assessors is opposed to transferring the responsibility of setting valuations to a single individual. The Board is also opposed to the creation of a Chief Financial Officer position that would oversee the Assessing Department. Lastly, Mr. Folkman stated the Assessors feel singled out as a Board not being able to conduct the interview process for the Assistant Assessor. Charter Commission Chairman Dunn responded that the Commission feels full -time professional people should be setting the property values and the Board of Assessors should hear appeals. Questions asked by the Town Manger and Selectmen were concerning whether or not transferring the valuation authority would result in a new position, if there are specific abatement guidelines that must be met, and the number of models in Massachusetts with the proposed structure. Commissioner Penney responded that he would provide a list of towns possessing this structure. • Airport Commission Jeff Siena, Airport Commission Chairman, stated that he is concerned that he does not want the new Charter language to impact the Commission's ability to obtain grant money in the future, as they have been very successful in the past. Mr. Siena also inquired about whether or not Airport employees would be a shared Airport Commission/Town Manager appointment and expressed concern that because no mention is made in the revised Charter, the Town Manager could, in effect, be the sole appointing authority. Town Manager D'Agostino asked why the Airport Commission had been treated differently than other Boards and Commissions in the Charter. Mr. Dwyer responded that not much thought had been given to the Airport Commission, in this respect, because of the lack of Airport employees. • Animal Welfare Committee Matt Miller, Animal Welfare Committee Chairman, and a second Committee member thanked the Charter Commission for their work on the Charter and stated that the Committee looks forward to accepting the responsibilities which will be granted to them if the proposed Charter is adopted. • Council on Aging Mary Butler and Eileen Flint were present on behalf of the Council on Aging. Ms. Butler explained that there is only one revision in the proposed Charter that some members of the \ Council are concerned with. The revision transfers appointing authority of the Council on Aging Director from the Council on Aging to the Town Manager. Some members of the Council feel the Board would be more qualified to choose their Director. F:\TLP\UN12799.doe Page 3 of 9 Charter Commission Chairman Dunn responded to the Council on Aging's concerns. • Planning Board H. Thomas French, Planning Board Chairman, stated that the Planning Board has several comments on the Charter revisions as follows: the Board is split with the reduction in the Planning Board term from five years to three years; unanimously supports keeping the Planning Board an appointed Board; supports reporting annually to Town Meeting on the overall condition of the Town; the Planning Board does not support a reduction from two representatives to one representative on the Capital Improvements Committee; is concerned with the lack of reference to the Planning Board's appointment of representative to SRPEDD; and feels the position and job description of the Planning Director should be maintained within the Charter. John Dunn, Chairman, Charter Commission, responded that the Commission feels the Planning Director's job description would more appropriately be placed in a Personnel Policy. All but the Town Manager's job description have been removed from the Charter. In response to representation on the Capital Improvements Committee, Commissioner Ralph Penney stated the Planning Director would maintain his position as a non - voting member, and with reduction of Planning Board voting members from two to one, allowed for the participation of two School Committee members. Town Manager D'Agostino asked why School Committee voting representation was added to the Capital Improvements Committee and inquired of the Town Manger's role 1. on the Committee. • Board of Library Trustees Nancy Breef Pilz, Chairman, Library Board of Trustees, and Leslie Pasch, Director, were present representing the Board of Library Trustees. Ms. Breef -Pilz stated the Board of Trustees feels the appointing authority for the Director should remain with the Board of Trustees. Ms. Pasch stated maintaining the appointing authority with the trustees removes the Library from the political arena and suggested changing it could create potential for censorship. Sara Forbes, Charter Commissioner, compared the Library Director's appointment to Conservation Agent's, who is presently hired by the Manager and works with a Commission, and stated she feels the Library Trustees would still be protected in choosing their Director. Tom Dwyer, Charter Commissioner, referencing a statement in the present Charter, stated he feels that there is a strong argument that the Town Manager could presently appoint the Council on Aging Director and Library Director. • Finance Committee Jim Noris, Chairman, Finance Committee, stated on January 19, the Committee voted ( unanimously not to support the Charter revisions for the following reasons: the budget \ voted on at Town Meeting should remain the Town Manager's as it demands full -time managerial attention, and the Committee feels the Reserve Fund is best managed under FAnP\MM12799.doc Page 4 of 9 Finance Committee's control. A majority of the Committee voted against the creation of Chief Financial Officer because it would create another layer to government. Mr. Noris inquired if there would be a potential conflict with the Selectmen controlling the budget when they have voiced their lack of support for the creation of a Chief Financial Officer position, and with the revised Charter the position would be mandated. Charter Commissioner Chairman Dunn responded that as the Chief Policy Making Board the Commission feels the Selectmen should have the budge authority. Presently, the Town Manager has the authority to revise the School Committee's budget figure, and the Charter Commissioner feels this should rest with the Selectmen. Chairman Dunn compared the Board of Selectmen to the Board of Directors of a large corporation and suggested the Selectmen should have the same budget authority. • Municipal Building Committee David Young and Bill Moore were present representing the Municipal Building Committee (MBC). Mr. Young stated that the MBC is not in support of the proposed language. The Committee would change drastically and the changes would result in several hundred thousand dollars in added project costs. Mr. Young questioned who would be responsible for oversight during construction phase of projects stating it should continue to be the role of the Municipal Building Committee. Mr. Young also inquired who would do the actual capital planning study and stated that the Committee feels that there should be continuity throughout the design, construction, and equipping of projects and that the Committee should oversee construction. Mr. Young also asked why specific membership requirements could not be incorporated into the Charter and if the Commission checked the profiles of Municipal Building Committees in other communities as a comparison. Mr. Moore expressed concern regarding the lack of MBC representation on the Capital Improvements Committee with the revised Charter. Charter Commission Chairman John Dunn strongly disagreed that the revisions would result in an additional hundred thousand dollars in project costs and stated the Commission is concerned that the oversight of construction is extremely important and that it should not be done by an appointed volunteer board. However, if the Town Manager feels a qualified MBC exists, he could delegate the responsibility to that Board. Chairman Dunn continued to state if an unqualified person was charged with overseeing the construction phase, that could cost the Town millions of dollars, and that the MBC is extremely good as sits today but that the members may not be there forever. Town Manger D'Agostino asked if the Selectmen would still appoint the MBC. • Recreation Commission Dave Leary, Chairman of Recreation Commission, stated that the Commission is supportive of Section 5.10. 4. Old business A. Town Manager FATLAMIM12799.doc Page 5 of 9 • The second public Train Station Advisory Committee meeting is scheduled for February 11 at 6:30 PM in Meeting Room 3AB. • A meeting with property owners adjacent to the train station project area is scheduled for February 1, and Gatra and VHB representatives will be in attendance. • Mr. D'Agostino will be out of the office while attending a procurement seminar from February 2 to February 4. • Budget meetings with the Finance Committee and Finance Team are going fairly well. The Department of Public Works presented plans for reorganization and will be presenting the budget figures on February 9. • A recent train station meeting with VHB Financial Consultant Joe Blair, Joe Ditchman, and Gatra was one of the most productive. It is anticipated that Mr. Ditchman's involvement in the project will be substantial. Selectwoman Royle asked when the Selectmen would be shown drawings of the train station renovations. Chairman Madan asked if there is any possibility that more land would be obtained for the Town through the project. Selectman Robinson stated if too many spaces are planned, houses on Route 106 may have to be taken. • Paul Howard of Tata and Howard will present their water model report to the Selectmen at the Board's February 3 meeting at 8:00 PM. Selectwoman Royle suggested the Town should keep MEPA informed of the status of the Great Waves project combined with the Town's inability to increase its water draw down as well as complications with the interbasin. A copy of the water model report should be sent to MEPA. • An update on the Walsh and Morrison wells is planned tentatively for February 17. Selectwoman Royle suggested Tata & Howard should provide an update on the Walsh Well on the same evening as their presentation of the water model report. • The Selectmen are in receipt of a memorandum from Traffic Safety Officer Lawson to Police Chief O'Neill recommending, in response to a resident's request, that parking be restricted on Old Colony Way northward for twenty feet on both sides of the roadway and that the curbing along the easterly side of Old Colony Way be painted with traffic yellow paint around the corner onto North Main Street to include the North Main At W. Church Street crosswalk. "No Parking Here to Corner" signs need to be installed on Old Colony Way. Police Chief O'Neill made a notation on the memorandum recommending implementation of Officer Lawson's recommendations. Motion: To approve the Police Chief's recommendation. (Royle -A Amoroso) All in favor. Passes. • Each Selectman has been provided with an updated Personnel Policy. The last time the Policy was updated was in 1983. Mr. D'Agostino highlighted several revisions to the Policy. B. Selectmen F: \TLP\MM12799.doc Page 6 of 9 • Selectman Robinson thanked the Manager for obtaining a report from Representative Gardner soliciting local support for special education reform. 5. New Business A. Town Manager • The Town's auditors', Brown and Barrett, contract will soon be expiring. The Selectmen will need to review whether or not to continue with their firm or seek another. Selectwoman Royle suggested the Manager solicit the Town Accountant's and Treasurer's recommendations and stated that she would support their decisions. Health insurance premiums have risen approximately 10 %. Currently $2.7M is budgeted for health insurance and $270,000 more will need to be appropriated. These figures do not include the costs associated with the eleven new hires for the School Department. As requested by Chairman Madan, Mr. D'Agostino looked into establishment of a low salt zone along Interstate 495 and found an application dating back four years that was never followed up on. A new application is forthcoming and the procedure will be starting all over again. The process will take approximately three years, and the Town will need to monitor the wells' sodium levels on a daily basis for one year. • The Town potentially will purchase 100+ acres of land on Plain Street for the Witch Pond Well, of which DEP requires the Town to institute a 40 acre zone of influence for wellhead protection. The balance can remain in its natural state or be used for passive or active recreation with pesticide restrictions in place. In light of the Town's need for field space, Mr. D'Agostino would like to use the balance, 60 acres, for field space with conditions and specifications. Any private entities seeking to develop the fields would be required to follow the special permit process, at which time chemical application would be addressed. Selectwoman Royle stated that she would be in favor of a similar arrangement as was provided for Mansfield Little League with the Otis Street fields. • Each Selectmen is in receipt of revised DPW Office Manager and Water Operations Manager job descriptions. In the qualification paragraph for the Office Manager, High School graduation has been deleted and replaced with a Bachelors Degree and a minimum of three years progressively responsive experience. Motion: To approve the DPW Office Manager job description as revised. ( Royle- Amoroso) All in favor. Passes. • Within the qualification paragraph of the Water Operations Manager, Grade 1 license has been replaced with Grade 2 and the number of employees the Manager will supervise has been changed from 16 to "approximately 11". Motion: To approve the Water Operations Manager job description as amended. ( Royle- Amoroso) All in favor. Passes. • Chairman Madan asked if additional Water Department personnel would be required once the new well is on line. F: \TLP\NM12799.doc Page 7 of 9 • Town Manager D'Agostino stated that he agrees with Selectman Robinson that ASE Certification needs to be added as a requirement but that he believes the requirement ( 1 should be for the DPW Mechanic Foreman and all other individuals in the motor pool, (, not for the Highway Operations Manager. Mr. D'Agostino would also like to require the mechanics to receive certification from the Ford Motor Company so that they can perform maintenance and repairs on cruisers. Selectman Robinson responded that he feels the present maintenance program is lax and that he feels the Managers it, charge of the Department should be certified. • Mr. D'Agostino stated he recognizes a problem with inspections for Town vehicles exists and that he spoke with an employee of Fred's Auto Repair, who conducts inspections on Town vehicles, concerning same. The inspection program will be streamlined so that each department will be assigned a month to have all its vehicles inspected in. Motion: To approve the job descriptions for the Motor Pool Foremen and employees including the requirement of ASE Certification. (McCarter - Royle) (4 -0 -1) Selectman Robinson abstained. Passes B. Selectmen • Clerk McCarter asked if the Selectmen would adjourn to an executive session to discuss the Morse case and if an article would be placed on the Annual Town Meeting warrant for same. Motion: To close the warrant at the close of the business day on February 1, 1999. (Robinson - Royle) All in favor. Passes. Lastly, Clerk McCarter stated he noticed that the Electric Department would be included as part of the budget review sessions this year and that he feels it is a good idea. 6. 11:55 PM Executive Session Chairman Madan polled the Board to go into executive session to discuss litigation and to come out only to adjourn. Selectwoman Royle Aye. Selectman Robinson Aye. Selectman Amoruso Aye. Clerk McCarter Aye. Chairman Ma an Aye. rk's Si tahU F: \TLPVvMI2799.doc Datel6f A proval Page 8 of 9