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HomeMy WebLinkAboutSELECTMENminutes10262011 Town of Mansfield Board of Selectmen Minutes of October 26, 2011 Present: Chairman Jess Aptowitz, Vice Chairman Olivier Kozlowski, Clerk Douglas Annino, Selectman Kevin Moran, Selectman George Dentino, William Ross Town Manager Absent: Council on Aging (COA) Chair Sonia Walgreen and Gail Farrugia, COA Director are present for discussion. The COA provides many services to the town's elderly population. Since the 2000 census we have seen over a 50 percent increase in residents over 60 years of age. The COA has developed an electric sign-in process where they can track which programs are being used and how much. There is a new program where area senior centers can compete with one another via Wi/. Additional transportation has been added this year through Bill's Taxi and the GATRA bus service. Outreach workers have over 100 new homes visit clients this year reaching over 500 visits per year. The majority of these visits are to seniors 85 years and older. Selectman Annino is amazed at the care and dedication that the COA provides our senior citizens. Chairman Aptowitz stated that he too has dealt with the COA and found them to be a wonderful asset to the town. Selectman Dentino knows they do a lot of work at the center and wonders if there is a way to control the "hits" a seniors card registers. Ms. Walgreen stated they will see what they can do. They too thank the town for all the assistance they provide the center. Mr. Ross stated that he holds TM coffee hour at the COA every other month and sees the need for the services they provide. The center is small for all they provide and may need to expand to a bigger building soon. Ms. Farrugia and Pam West, Social Worker, are also requesting Electric Light Dept. assistance from the Commissioners. MMED Director Gary Babin is also present. Board of Selectmen Minutes of October 26, 2011 Social services office has been extremely busy over the past year with rental assistance, unemployment questions and health care programs. Residents apply for federal and state assistance through the office as well so the office fields a lot of calls and office visits. The winter and fuel assistance programs have both been heavily utilized in addition to any work they do with local hospitals. They are trying to hard to stretch every dollar to help as many residents as possible. The MMED fuel assistance program has been reduced from last year and while they are expecting some donations it will not be enough to aid the senior population that relies on this program to get them through the winter. the MMED has been able to donate over $200,000 to the social services programs. This year the MMED staff is requesting that MMED donate $35,000 to the Electric Assistance fund. The money contributed for the Electric Assistance Fund by MMED is earmarked for payment of electric bills only and is granted to those who meet income thresholds to qualify for funding, as determined by the Department of Social Services. Director Babin stated that the program has been in existence since 2003 and $255,000 has been provided to Social Services to assist those less fortunate and allows them to make a dent in their obligations. Selectman Dentino stated that he and Ms. Farrugia have had disagreements over the years; however he commends her and the COA/Social Services staff for an excellent job in providing for the residents of Mansfield. Selectman Dentino also asked if there are other fuel assistances programs they use (or can use). Ms. West stated that they use local charities for rental, mortgage and food assistance however there are limited resources. Motion: That the Mansfield Municipal Electric Department contributes an amount of $40,000 to the Town of Mansfield, for donating this money to the Mansfield Electric Assistance Program, in order to provide funding for FY11. (Aptowitz/ Annino) Dentino nay 4: 1 passes Selectman Dentino stated he only voted nay due to the fact that Ms. Farrugia only asked for $35,000.00 and she knows how much she needs. Boord of Selectmen Minutes of October 26. 2011 2 Michael Healey, Chairman of the Board of Health, members Nancy Wall and Catherine Memory are present for board update. Mr. Healey stated that the Board of Health is comprised of 5 members with one health agent. They are responsible for many areas such as public health, community preparedness, tobacco control, hazardous waste disposal and septic system review. Mrs. Memory stated that the board will not be offering a flu clinic this year as the DPH will not be providing vaccine. However, the public nurse is readily available for resident needs through blood pressure/blood sugar clinics, home visits for high risk residents. Selectman Moran asked if there is anything the general public may need to know. Mr. Healy stated that residents can get latex paint hardner, learn where to dispose of florescent bulbs, etc. Selectman Annino asked about possible flu shots for residents and if they know of any predictions for a bad flu season or high risks. Selectman Dentino and Chairman Aptowitz thanked the board for their hard work and wished them a good night. Bobby Lau, owner of Asia Grill and his general contractors are present for discussion. Mr. Lau would like to add outdoor seating to his establishment. They would need to take a tree down in front and Mr. Burke, Planning Director for the Town of Mansfield stated that would not require a site review before the Planning Board. The other issues that are present with outdoor seating is gating the area, access to, and from outdoor area. Some other changes will be made to the parking lot directly in front of the restaurant in order to keep the lane sight/travel path open. Mr. Riccio, Building Inspector is present for meeting and has meet with the Asia Grill people to discuss the building plans. He has approved the interior building plans but not the outdoor area one. Selectman Dentino would like to see some changes in the outdoor area to provide better protection to the patrons. Selectman Annino asked if they need to have a 5 t ft. fence surrounding the outdoor area. Boord of Selectmen Minutes of October 26. 2011 3 Mr. Ross stated that they are not required to have such a tall fence, most usually have 3ft. Mr. Lau's contractor would like to have the hearing continued to next week so that the license application can be heard for both the indoor expansion and outdoor seating. Motion: To continue to next week. (Moran/Kozlowski) 5:0 passes We have researched the cost and methodology that would be utilized to convert the Selectmen's packets from paper packets to electronic packets utilizing Ipads. The cost of the new Ipad 2 with Wi-Fi and over-the-air service through Verizon or AT&T would be $720.00 per unit. The cases are an additional $39.00 each. These would be new, 32 GB Ipad 2's with both Wi-Fi and over-the-air service. We are proposing units with both of these services because if Ipads with only Wi-Fi service are purchased, they can not have over-the-air service added later. There is an additional charge of $15 per month if the over-the-air service is actually activated. This would not be necessary if members of the Board of Selectmen have a home network. The town's email system is capable of being utilized on your individual home network and you can receive emails, calendars and have access to contacts through that system. If any member of the Board does not have a home network, we would need to activate the over-the-air service in order to send the packets electronically. We have also looked into the cost of refurbished Ipads from Apple. The cost of an Ipad 1 with 32GB of storage, Wi-Fi and 3G is $399.00 each. One concern we had on the refurbished units is the batteries. These units are refurbished by Apple. They carry the same warranty as a new unit and all have new batteries as part of the refurbishment. This would be a savings of $321.00 per unit or approximately $1,600.00 for five. The Ipads come with enough software to support the uses that would be required for the electronic packet system. The Ipad Store (as they call it) and/or iTunes have a vast array of software, much of which is free. The most expensive piece of software I saw in browsing through the collection was in the $15-20.00 range. The town already owns the software necessary to convert all the documents to Adobe pdt's for distribution. The cost of converting to electronic packets would be less than $9,000.00 if new units were purchase and less than $5,500.00 if refurbished units were purchased. My experience with conversion to electronic packets is that over time, the savings exceed the original investment and the ability to receive emails, citizen input and other information enhances the effectiveness of both elected and appointed officials. Board of Selectmen Minutes of October 26. 2011 4 I recommend the Board of Selectmen authorize the Town Manager to proceed with the purchase of the Ipads and implementation of the system. Selectman Moran has had mixed emotions about the idea of the board using Ipads. He can see the value of using them (and minimizing the use of his home/work computers) however; he is concerned about the costs of purchasing the units. Selectman Kozlowski had questions about the total costs of purchased units and Mr. Ross stated he may have overestimated for a cushion or extra unit. The units he has looked at are the basic ones and can most likely be had for around $3000.00 Several of the bos members stated that they have struggled to keep up with the paperwork that accumulates from meetings. They see this as a great time saver and a way to reduce the paper generated and consumed. Selectman Dentino asked if this is a need or a luxury. He sees it as a luxury in the lean times we are in. Additional questions about the use, longevity of unit and wear/tear on unit. There were also questions about battery life, use and costs to replace. Chairman Aptowitz stated that he feels that the cost of the units will be paid for within one year in paper and staff time. The board had a brief discussion of pros/cons of buying used vs. new units. Scott Leite, Health Agent, is present for discussion and explained how the Ipad 2's could be used by other depts. or needs if necessary. Paul DeRensis, Town Counsel is also present and stated that many other communities have looked into using Ipads. Mansfield would not be the first. In relation to the open meeting law, the rules remain the same. Electronic or paper files, it is open to discovery. Motion: To purchase Ipad 2's for bos. (Annino/Moran) 4:1 passes (Dentino nay) Mutual aid agreement update Mr. Ross updated the board on his discussions over the past week with dept. heads. This week, I met with Chief Boldrighini, Chief O'Neill, DPW Director, Lee Azinheira, Chief Building Official, Nick Riccio and Health Officer, Scott Leite to discuss the concerns raised regarding the state-wide mutual aid program. We went through the Statute and material supplied by the State and discussed most, if not all the items of concern. Several additional thoughts came out of that discussion which I think are both pertinent to discussion held by the Board of Selectmen and to the program itself. First, the Board of Boord of Selectmen Minutes of October 26, 2011 5 Selectmen are required to authorize the Town Manager to notify the director of MEMA in writing but only if a majority of the Board of Selectmen vote to authorize joining the mutual aid programs. The town would become a member 30 days after the authorization is received by the State. The town may also, at any time, opt out of the program by a similar majority of vote by the Selectmen and notice from the Town Manager to MEMA; in that instance, the town is out of the program within 10 days of receipt of the notice. There is no requirement for advanced notice to MEMA or public hearings; the Board of Selectmen has complete authority on joining and withdrawing from both the public safety and public works programs. Both the public safety and public works programs only become active, for lack of a better term, in the case of a public safety or public works incident as to find the Statute. The definitions are relatively broad but as you read them, you will note they are tied to emergency or unforeseen circumstances that create a situation where the resources of the community requesting aid are not capable of addressing the issue. I believe the restriction to an emergency or unforeseen incident or in the case of public works, a foreseen incident but tied to an emergency limits the ability of a community to frequently call on aid from another community. That is also somewhat more restrictive than we had originally thought and we do not believe that under the public works definition the state- wide mutual aid program could be utilized for what might be considered day-to-day activities such as street sweeping, sewer cleaning, etc. The program is more aimed at specific emergencies than we had originally thought. The community requesting assistance is required to make the request either orally or in writing, but if it is made orally, it has to be reduced to writing within a specific period, and contain specific information. The community receiving the request is obligated to provide assistance only if the community finds that it has resources available and that a provision of those resources would not impact local services. There is no mandatory requirement to provide services. The party sending assistance has direct supervision and oversight for equipment and personnel that are sent. The sending party pays all salaries and other costs unless there is a separate agreement with the requesting party covering those costs. However, one aspect of the state-wide mutual aid program that is extremely important is that a sending party is entitled to receive a proportionate share of the State or Federal assistance received to assist in overcoming the natural disaster. This is not true in current mutual aid situations. An example of this type of activity would be if the town sent a building inspector to assist in reviewing the safety of buildings in an area hit by a tornado; under current non-state mutual aid programs, the Town of Mansfield or other town sending the building inspector would not be entitled to receive any aid that might be sent by the State or Federal governments to help in paying for the cost of the disaster. Under the state- wide mutual aid program, the sending community would receive a proportionate share of the aid thus covering some of those costs. It has been pointed out that Mansfield has assisted other communities in emergencies. The acceptance of the state-wide mutual aid Boord of Selectmen Minutes of October 26. 2011 6 program would broaden the ability of the town to recover some of those costs if an area receives assistance from the State or local government. The employees of the sending party are afforded all protections of law and have all of the ability to act, including licenses, certifications, etc. as they have in the jurisdiction where they normally work. This is especially important in a couple of areas; one is that under the state-wide mutual aid program, employees who assist another governmental unit are afforded liability protections under State law just as if they were working in their own community and the community that sends them is afforded the same protections. The second part of this that is important is that police departments in Massachusetts have limited jurisdiction. The provisions of the state-wide mutual aid program would allow law enforcement officers who are sent to another community under the program to utilize all of the authority of the law enforcement officer they have in their employer's jurisdiction. Chief O'Neill pointed out that this is a very important issue for police and he felt strongly that the state-wide mutual aid agreement for public safety would provide not only additional authority but also additional safeguards for police officers that might be called to assist another community. Another and equally important aspect is that the requesting party is required to defend, indemnify and hold harmless each sending party from all claims of third parties for property damage or personal injury that arises out of the activity of the sending party or its' employees. This means that under the state-wide mutual aid program, if one community sends employees to assist another community, the community that receives those employees is responsible for any claims or liability issues that arise. We would further note that the definition of employee in both instances includes volunteers, thus automatically covering the volunteers that are in place with the Mansfield Emergency Management System. There would be no requirement to place those individuals on the payroll should they be called and choose to go to another community in an emergency. They could continue to volunteer and would receive all of the protections afforded to full-time paid employees. One other conclusion reached by the group in reviewing this proposal is that rather than requiring the Town to hire additional staff, this, with the adoption of the state-wide mutual aid program would actually allow the town to maintain current staff and have the ability in an emergency situation to call upon assistance from adjacent communities and others around the State. This means that no community would have to staff for the unforeseen emergencies but could rely on assistance from other communities in the State just as those communities could rely on that community. All in all, the group unanimously supports the adoption of state-wide mutual aid. We recognize we would need to see how it operates and quite frankly, are hoping we never need to utilize it, but to have this additional protection for our citizens available and to know other communities in need could receive assistance from the skilled employees of Mansfield we believe is very important to Mansfield and the entire Commonwealth. Board of Selectmen Minutes of October 26. 2011 7 I also spoke with Town Counsel, Paul DeRensis about this issue and some of the concerns that were raised at the Selectmen's meeting. Atty. DeRensis indicated he had presented this program in the community where he is a Selectman and they adopted it in April. He then briefly outlined the statues and terms of the agreement for clarification purposes to the board. Selectman Kozlowski had a few questions on the "shall's" and "may's" of the statue language. Health Agent Leite, Building Inspector Riccio, Fire Chief Boldrighini and DPW Director Azinheira are present for discussion and each clarified points of how they are already doing this informally or (formally on a smaller level). This agreement basically puts it all into legal language and provided legal protection for the communities involved. Selectman Dentino stated that the town has been providing mutual aid to surrounding towns for many years. He would like some of the language to be more defined. However, Atty. DeRensis stated that some parts of the agreement are broad on purpose. Thus giving the town leeway to provide assistance or not. Overall, Selectman Dentino does not see the need for the agreement. It is just more red tape and government interference. Motion: To adopt both the public safety and the public works agreements with the town manager having the authority to authorize aid. (Annino/Kozlowski) 4:1 passes (Dentino nay) Jim Palumbo, School St. resident addressed the board about painting a cross walk at the intersection of School and Spring Sts. There are a number of families, with children, that cross the street to get to the sidewalk on the other side of School Street. Traffic Safety Officer Lawson submitted a letter to the Board of Selectmen regarding putting a crosswalk at that intersection. He stated that he would not advise it for many reasons. DPW Director Lee Azinheira will discuss the issue further with the residents and see if they can come up with something more down the street away from the intersection. Boord of Selectmen Minutes of October 26. 2011 8 Warrant No. 12017T in the amount of $1,202,814.56 Motion: To approve (Moran/Kozlowski) 5:0 passes Warrant No. 12017E in the amount of $278,951.20 Motion: To approve (Kozlowski/Moran) 5:0 passes Warrant No. 12017PT in the amount of $270,343.26 Motion: To approve (Kozlowski/Moran) 4:1 passes (Dentino nay) Warrant No. 12017TV in the amount of $79,900.47 Motion: To approve (Kozlowski/Dentino) 5:0 passes Warrant No. 12017PS in the amount of $1,437,130.72 Motion: To approve (Kozlowski/Dentino) 5:0 passes Warrant No. 12017SV in the amount of $443,937.46 Motion: To approve (Kozlowski/Moran) 5:0 passes Application for November 11th Veterans Day parade permit from John Hogan. Motion: To approve (Moran/Kozlowski) 5:0 passes . Letter from School St. resident requesting a crosswalk on School St. at the intersection of Spring St. Resident request and Officer Lawson's letter regarding why it is not feasible were read into record. . Request letter from Boy Scout Troop 17 leader regarding power drop at West St. tree lot for Christmas tree sales in November. Motion: (Kozlowski/ Annino) 5:0 passes . Letter from Dept. of Conservation and Recreation regarding mistaken order for Kingman Pond Dam. Town Managers Report . Bird Rd. electric work is almost complete. Paving will begin shortly after. . CIP is moving along on their work and should be ready soon. Boord of Selectmen Minutes of October 26. 2011 9 · MBTA ramps are being worked on and Mr. Ross is working on the details with them. . South Main St. near the over pass and the new ramps are being milled next week and work will be done during the evening and early morning hours closing parts of the area. · Selectman Kozlowski: Update on possible Community Garden locations. Conservation land on Essex St. is being looked at right now in addition to a lot near the highway. The Garden Club has advised that the lot should be near the downtown however, that lot would require more prep work and is located within a neighborhood. Collin Cauldwell, Chairman of the Conservation Commission and NRT member is present to comment on using parcels. He is presently looking up deeds to town owned and NRT owned land to ensure this use is allowed. Selectman Kozlowski would like to advertise on the website and cable that they are looking for residents to be on a community garden committee. Interested residents can contact the recreation dept. for more information. . Chairman Aptowitz: Continuation of Ipad conversation earlier. He feels that the whole board should use them, not just some of the members. . Selectman Annino: None . Selectman Moran: None . Selectman Dentino: Looking for sound check results from the Comcast Center still. Mr. Ross stated Mr. Montgomery will be providing information soon. Questions about chip sealing and street sweeping streets recently done. Adjournment Motion: Adjourn meeting at !0:38pm (Kozlowski) 5:0 passes 2J(}u.tf'~ ~ Signature of Clerk ?/ore?nk t:f; 2tJII Date of Approval Board of Selectmen Minutes of October 26. 201l 10