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HomeMy WebLinkAboutmin brd of selectmen 11/30/2005 r Town of Mansfield Board of Selectmen Minutes of November 30,2005 '::: If"". f J':.... - 0: L r ..' l' '.,1 Present: 1 i< _ ' ,I ,_ I, <if<, ("""'" - r'~:' _ ,,'.. L.. L) Chairman Roger Achille, Vice Chairman Bernard Dolan,i0:leikDtlNi<!~qq<ster, Selectman Louis Amoruso and Selectman Michael McCue Town Manager John D' Agostino The Board of Selectmen's meeting was called to order at 7:35 p.m., followed by the Pledge of Allegiance. Ed Rosenberg of the Elks and Gale Farrugia, Director ofthe Council on Aging were in attendance. Mr. Rosenberg said that he is here on behalf of the Elks to donate money for fuel assistance to the Mansfield Council on Aging. He presented $663.00 from the Massachusetts Elk Association and an additional $337.00 from the Mansfield Elks, for a total of $1000.00. Ms. Farrugia thanked the Elks for their assistance. Mr. Rosenberg noted that the Elks have given out $3 billion since their existence. The Board thanked Mr. Rosenberg and the Elks for their donation. ,'--" Motion: To open the Nicole Road/Noreen Road street acceptance public hearing (McCue - Amoruso) 5-0 Passes Mr. McCarter read the public hearing notice from The Sun Chronicle. Mr. Achille said that the Board received a letter from the applicants that they plan to withdraw the Noreen Road and Nicole Road street acceptance articles. Mr. McCue questioned whether we need to continue the public hearing for the future. Kathleen Dias, 31 Noreen Road, Tracy Friedman, 19 Noreen Road, and Lisa O'Neill, 2 Noreen Road noted their concerns about the steel plates in their road near the driveway. Town Engineer John Sullivan was present and said that we have required that the gaps be sealed at the end of the driveways. Mr. Amoruso asked if the residents can look at the punchlist and Mr. Sullivan replied that they can see it. Motion: To close the public hearing (Amoruso - McCue) 5-0 Passes r Board of Selectmen Minutes of November 30, 2005 , , r Motion: To open the public hearing (Amoruso - McCue) 5-0 Passes Mr. McCarter read the public hearing notice from The Sun Chronicle. Mr. Sullivan noted that the developer has completed all punch list items required by town staff. Motion: To close the public hearing (Amoruso - McCue) 5-0 Passes Motion: To not to support Noreen Road and Nicole Road street acceptance article (Amoruso - McCue) 5-0 Passes Motion: To support the Marshall Avenue street acceptance article (Amoruso - McCue) 5-0 Passes Verizon Pole Public Hearing - Essex Street Mr. McCarter read the public hearing notice from The Sun Chronicle. Motion: To open the public hearing (Amoruso - McCue) 5-0 Passes r Mr. Paul Schneider, Right of Way Manager ofVerizon, Mr. Gary D' Ambra and Mr. Lee Azinheira were present. Mr. Azinheira said that this will bring the utilities to the town line from where they are now and that that this project will support a house under construction. A utility review meeting was held and they met all of the requirements. Mr. D' Ambra said that the Light Department is okay with it. This will support growth in the town and we need to extend the line down to help with construction. Mr. Schneider said that it is 10 poles. Mr. McCarter asked if we have any outstanding issues with Verizon. Mr. Azinheira said there are some poles that need to be moved on Route 106 and Mr. Schneider said that ajob order has been issued. Mr. Dolan said that we have been waiting for years for some projects. Mr. Azinheira said that we are meeting with Verizon soon to work on the Branch Street project and hopes to have Verizon be pro-active. Mr. Amoruso asked how long this Essex Street project will take. Mr. Schneider said that it could possibly be scheduled for January. He added that Verizon has some budget problems. Mr. McCarter said that there some outstanding issues that need to be addressed. Mr. Amoruso said that this is a critical issue so the resident can live at this home. Town Engineer John Sullivan noted that the relocation of the poles on the Route 106 project seem to be one of the last issues left on this project. He indicated that we were to get a schedule by Thanksgiving and we have not yet received that. We identified the poles in the middle of intersections as the ones of most concern. The next ones of importance are the ones near the side of the road and lastly, the ones in the middle of the sidewalk. Mr. Azinheira said that the poles in the sidewalks will slow down the clearing process. Mr. Sullivan reiterated the need for a schedule. r- Board of Selectmen Minutes of November 30, 2005 2 r Motion: To close the public hearing (McCue - Amoruso) 5-0 Passes Motion: To approve the joint request ofVerizon and the MMED to site the poles in the manner described (McCue - Amoruso) 5-0 Passes Town Accountant Bea Kearney, Town Treasurer/Collector Richard Boucher, Bob Brown & Peter Paliulis of R.E. Brown and Company were present for the audit discussion. Ms. Kearney said that the management letter has improved and for 2004, it looks good. The management letter is meant to provide the reader with a better understanding of what is going on in the community. Mr. Brown said that with the management letter, we were pleased to present the first comment regarding cash. We are showing that that issue has been resolved. Mr. Paliulis noted that it was a drastic improvement over last year. Mr. Brown noted that we added a few additional comments. In Fiscal Year 2008, the town will be required to estimate the cost associated with future health benefits of current and retired employees on an actuarial basis. They are phasing this in so there will not be a shock with a negative fund balance. In FY07, the town will need to r bring non-enterprise infrastructure funding online. Mr. McCue said that his concern is with the bond rating. Mr. Brown said that everyone will be phasing in at the same time. He added that the state will need to take the lead. Mr. Boucher said that the bond companies are aware of this liability out there and everyone will be in the same boat. He added that this will be something everyone will need to address and that the state will need to help out communities. Mr. D' Agostino said that we are a consortium of 19 communities for the purchase of things such as medical insurance. For retirees, the Southeastern Massachusetts Health Group submitted a report that said that we provide better benefits than what retirees could get under Medicare Part D and SMHG will get a reimbursement. Mr. D' Agostino asked Mr. Brown if we will we calculate that liability minus the reimbursement. Mr. Brown said that the actuarial will take the assumptions as of a certain time and date and will consider if there is money funded through some other source and it should be in the equation. Mr. Brown said that with respect to reserves, 2004-2005 has been very tight. Hopefully the reserves can be brought up. Mr. D' Agostino said that we have had small amounts of free cash available over the last two years and we have been running very tight. Mr. McCue asked about backup storage of data noted in the management letter. Mr. D' Agostino said that we hope to have this resolved in the next couple of months. Ms. Kearney said that Lou Costa has been working on a disaster recovery plan. Mr. D' Agostino said that we need off-site backup. (' Board of Selectmen Minutes of November 30, 2005 3 Mr. McCarter noted that the management letter shows that Mr. Boucher and Ms. Kearney are r doing a good job and he is proud of the letter. Mr. McCue echoed Mr. McCarter's sentiments. Mr. Amoruso noted that he would like to get the management report for FY04 a little sooner. Mr. Brown said that with the cash issue resolved, we can come in sooner and noted that we have already done the number crunching for FY05 already. Mr. Brown added that we do each client individually with a highly qualified team. Mr. Amoruso noted that congratulations should be going to the firm as well. Mr. Achille noted that Jess Aptowitz, Greg Arnold and Andy Gazzolo were on hand from the Finance Committee. Mr. Gazzolo noted that the management letter was much better and he echoed the comments by Mr. Amoruso regarding the timeliness of the reports. Mr. McCarter asked about selecting an auditor after the contract is up. Mr. D' Agostino said that we are going to set up an RFP and work with staff and the Board. He noted that we are putting the Light Department and the Town under one audit. Mr. McCue asked Mr. Brown about ifhis company can do Light Departments. Mr. Brown replied that his company has done municipalities with light departments. Mr. Achille thanked everyone for attending. Mr. Dolan said that he met with two members of the Finance Committee, Mr. D' Agostino, Light Department Director Gary Babin regarding CIP budget for the Electric Department. He added that they had no problems with the CIP changes. As Chairman of the Light Commissioners, he would like a motion to accept the Light Department CIP budget. r Motion: To accept the Light Department CIP budget (Amoruso - McCue) 5-0 Passes Executive Session - Pending & Current Litigation Motion: To enter into Executive Session at 8:35pm to discuss pending litigation and return to open session at the conclusion (Amoruso - McCue) Roll Call Vote: McCue, aye; Amoruso, aye; Dolan, aye; McCarter, aye; Achille, aye 5-0 Passes . Warrant No. 22 in the amount of$2,172,364.59 Motion: To sign (Dolan - Amoruso) 4-0 Passes (with Mr. McCarter abstaining from payroll check number 227937) r Board of Selectmen Minutes of November 30, 2005 4 · Warrant No. 23 in the amount of $3,612,921.35 r Motion: To sign (Dolan - Amoruso) 4-0 Passes (with Mr. McCarter abstaining from payroll check number 228361) · Regular Session Minutes of November 16,2005 Selectmen's Meeting Motion: To approve (Amoruso - Dolan) 4-0 Passes · Executive Session Minutes of November 16,2005 Selectmen's Meeting Motion: To approve but not release (Dolan - Amoruso) 4-0 Passes Special Town Meeting Warrant Discussion Mr. D' Agostino said that he has definitive information on the warrant and will give the information as we go through the articles. Article 17: Walter Wilk, Mansfield Youth Soccer was present and invited to speak on the article. Mansfield Youth Soccer is applying for grants/loans for field improvements. In order to apply for these grants, MYS has to have a 10-year lease. Mr. Wilk said that we are looking for an additional six years to get 10 years. They are looking to amend this article to extend the lease so r- they have time to apply for grants. Mr. D' Agostino said that Mansfield Youth Soccer has to go through Recreation to pull the same permits that any other organization would need to do. Mr. Wilk said that we are going to amend the article on STM floor for an additional four years. Mr. Amoruso said that we should run this by Town Counsel because there may be a technicality. Mr. Wilk said that if we cannot amend the article on the floor, we will add the additional six years, go out for loans, etc. and then come back at the next town meeting. Mr. McCarter asked what MYS plans to do. Mr. Wilk said that they plan to take an existing field and turn it into a turf field and perhaps get an additional field or two. Mr. McCue asked what would be the negatives to doing this. Mr. D' Agostino said that there is a potential exclusive use by one organization. The upside is that working with MYS for 2400 kids. Mr. Achille asked if other organizations are using the fields. It was noted that a semi-pro team used it for a while. Mr. D' Agostino said that the Recreation Department is involved in the license agreement. Ed Tartufo said that he is a proponent of fields and believes that Mansfield Youth Soccer has preferential scheduling. Mr. D' Agostino read a portion of the existing agreement and it read that ifthere is a scheduling conflict, the Recreation Commission has the final say. Mr. Tartufo said that this was meant as a multi-use facility and he is concerned about exclusivity and an extension of the agreement. Mr. Wilk said Youth Soccer is looking to make it a multi-use facility for various organizations. Mr. D' Agostino said the town doesn't have the money to develop the back lot. Mr. Tartufo said that he doesn't want anyone shut out. Mr. D' Agostino said that one of the issues that he raised was the exclusivity issues during discussions about this article. We ,--.. agreed that it has to be multi-use. Mr. Wilk said that we need to get the extension first before we Board of Selectmen Minutes of November 30, 2005 5 r go out to get loans. Mr. Amoruso noted that the baseball field is unusable and has spoken with Mike Ahern on this issue. Mr. McCarter suggested removing the baseball field from the exclusive use. Mr. Amoruso suggested putting together a lease together for sample wording. Mr. McCue suggested an amendment on the floor of Town Meeting and asked for a recommendation from Recreation Commission. Mr. Aptowitz noted that the Finance Committee has not voted on this article. The Board took no action on this article. Article 1: Mr. D'Agostino said that under the formula that staffhas agreed to (60%-40%),we have $275,624 in certified free cash; 60% ofthat is $165,374.40, which will go into free cash. Ifwe look at the 40% remaining, there would be $110,250 remaining. Mr. D'Agostino said that staff is proposing that we take $9,795.83 from free cash. He said that the winter maintenance and wastewater are the two highest amounts. Motion: To support Article 1 (Amoruso - McCue) 5-0 Passes Article 2: Mr. D'Agostino said that this article would allow us to begin the Branch Street water main project. Motion: To support Article 2 (McCue - Amoruso) 5-0 Passes r Article 3: Mr. D'Agostino reviewed the article. The reason why we need the money now is that we have identified a reporting problem with the Fire Department and the hospitals. Mr. McCue asked if it is possible to expend the funds and then seek money for reimbursement. Mr. D'Agostino replied that it is not usually done. Mr. D'Agostino said that we have received to date for the police department grant money for an upgrade to their radio system. This technology will be easily integrated with police and fire in the future. Motion: To support Article 3 (Dolan - McCue) for discussion Mr. McCue said that in the absence of CIP review, he opts to defer until after the Finance Committee has looked at it. Mr. McCue withdrew his second. Mr. Amoruso said that this is a piece of the puzzle and he needs to see the puzzle. Mr. D'Agostino said that we are looking to replace the police radio system. Board members had some concerns about the technology not being usable with other communities. Mr. D'Agostino noted that this piece can stand alone. If there is an issue with this going forward, we have put the town on notice that there could be a public safety emergency. Article 6: Mr. D'Agostino said that this is an issue with the Police Department. This article speaks to the need of additional line cruisers. Mr. McCarter and Mr. Dolan suggested tabling the money articles until the Finance Committee has reviewed the articles. Mr. Amoruso asked if CIP has r Board of Selectmen Minutes of November 30, 2005 6 r reviewed this. Mr. D'Agostino said that CIP has never seen this as it is has always been in the budget. Motion: To table discussion of article until Tuesday (McCarter - McCue) 5-0 Passes Article 7: Mr. Dolan said that this article was supported by CIP. Motion: To support Article 7 (Dolan - McCarter) Mr. McCarter asked what the money source is and the response was that the money would be borrowed. Vote: 5-0 Passes Article 8: Mr. D'Agostino said that this is a bond authorization for the purchase of these vehicles and that Town Meeting voted to support this and Bond Counsel said that we could not do this. Motion: To support Article 8 (McCarter - McCue) 5-0 Passes Article 9: Motion: To support Article 9 (Amoruso - Dolan) Mr. McCue asked what the downside is to this. Mr. D'Agostino said that he doesn't know of r any. Mr. Arnold ofthe Finance Committee noted that the town will be responsible for what happens on these lots and that this is the only downside that he could see. Vote: 5-0 Passes Article 12: Mr. Achille noted that it is a School Committee article. Article 13: Mr. Dolan said that he thought the discussion was set at 70%. Mr. D'Agostino said that he had said 70%, but when he went to Moody's, it actually said 60%. Mr. D'Agostino said that he would like to use as much as he can. Mr. McCue said that this is a policy decision. Mr. Amoruso said that we will put as much as we can. Motion: To support Article 13 (Dolan - McCarter) 5-0 Passes . Staffwill be conducting a pre-construction meeting on Wednesday, December 7th relative to the West Street Bridge repair. He noted that the roadway may be closed for periods of time while the construction is ongoing. Various departments will be involved in the meeting. Mr. Amoruso asking about the cost of the repair project. Mr. D'Agostino said that Town Engineer said that most of the spending will come from Chapter 90 money. Mr. McCue said ,r Board of Selectmen Minutes of November 30, 2005 7 . , that this could result in a disruption of traffic. He thinks the Board should be involved and r can attend the meeting. Mr. D'Agostino believes the meeting will be at 2:00pm. · The Mansfield Rotary Club will be dedicating the Middle Common on Saturday at 8:00am. Board members and the public are invited to attend. . The Friends of the COA Holiday Party will take place on Friday, December 9th at 11:30am. . He will be hosting a coffee hour at the Council on Aging on Thursday, December 15th. . He will be taking a week's vacation between Christmas and New Years'. He will be in and out of the office and may hold a limited amount of meetings. · The MMA Annual Meeting & Trade Show is January 13-14,2006 in Boston and encouraged the Board members to sign up. . We are preparing for budget submissions; he will be instructing staff for a modest increase for FY07. The numbers are very preliminary, perhaps a 2 to 2.5% increase. Mr. D'Agostino noted that this will be another tight year. r All-Alcohol Innholder: . Mansfield Realty Ltd. Partnership dba Holiday Inn, Mansfield, 31 Hampshire Street Motion: To approve (McCue - Dolan) 5-0 Passes Wine & Malt - Common Victualler: . Cafe on the Common, Inc., 12-14 So. Main Street . New England Sportservice Inc., 885 South Main Street Motion: To approve (McCue - Amoruso) 5-0 Passes All Alcohol- Common Victualler: . Tahana, Inc. dba Tahana Restaurant, 60 Oakland Street . New England Sportservice Inc., 885 South Main Street . Regent Cafe, Inc., 394-396 North Main Street . Mansfield Lodge of Elks No. 2633, 140 North Main Street Motion: To approve (Amoruso - Dolan) 5-0 Passes r Board of Selectmen Minutes of November 30, 2005 8 All Alcohol- Retail Packae:e r . Mansfield Variety & Deli, 70-72 Pratt Street · West Mansfield, Inc. dba Rum Runner Wine and Spirits, 377 Chauncy Street Motion: To approve (Dolan - Amoruso) 5-0 Passes Common Victualler . Regent Cafe, 394-396 North Main Street . Cafe on the Common, Inc., 12-14 South Main Street · Mansfield Realty Ltd. Partnership dba Holiday Inn Mansfield, 31 Hampshire Street . New England Sportservice, Inc., 885 South Main Street . F&W, Inc. dba Dub's Discount Liquors, 30 Chauncy Street . Teixeira's Donuts of Mansfield Inc. dba Honey Dew Donuts, 221 North Main Street . Quan's Kitchen, 30 Chauncy Street . Bertucci's Restaurant Corp. dba Bertucci's Brick Oven Ristorante, 243 Chauncy Street . Willowdale Golf Course, Inc., 54 Willow Street . The Fresh Catch, Inc., 30 Chauncy Street . Honey Dew Donuts, 390 West Street . Honey Dew Donuts, 99 Copeland Drive . The G Connection, LLC, 30 Reservoir Street . VFW Post No. 3264, 88 Chilson Avenue Motion: To approve r- (Amoruso - Dolan) 5-0 Passes Class II Auto Dealers: . Anagnos Enterprises, Inc. dba Pro's Auto Sales, 46 Chauncy Street . Christopher Matoian dba Webb Auto, 1 Mansfield Avenue Motion: To approve (Dolan - Amoruso) 5-0 Passes Seven Dav Entertainment: · Spiezio Enterprises, Inc. dba Geno's Restaurant & Lounge, 407-409 No. Main Street . DLC Corp. dba Tweeter Center for the Performing Arts, 885 So. Main Street . Mansfield Lodge of Elks No. 2633, 140 No. Main Street Motion: To approve (Dolan - McCue) 5-0 Passes Automatic Amusement Device: . Regent Cafe, Inc., 394-396 North Main Street . Mansfield Realty Ltd. Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Motion: To approve (Dolan - Amoruso) 5-0 Passes (' Board of Selectmen Minutes of November 30,2005 9 Weekday Music Machine: r . Regent Cafe, Inc., 394-396 North Main Street Motion: To approve (Amoruso - McCue) 5-0 Passes Live Entertainment Weekdays: . Tahana Inc., dba Tahana Restaurant, 60 Oakland Street . Mansfield Realty Ltd. Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Motion: To approve (Dolan - McCue) 5-0 Passes Public Entertainment on Sundays: . Mansfield Lodge of Elks No. 2633, 140 No. Main Street Motion: To approve (Amoruso - Dolan) 5-0 Passes . South Shore Antique Auto Foundation, 885 South Main Street Motion: To approve (Amoruso - Dolan) 5-0 Passes r . One-Day Beer & Wine License for Tri-County Beagle Club's Meat Raffle on Saturday, December 10,2005 from 12:00pm to 5:00pm Motion: To approve (Amoruso - McCarter) 5-0 Passes . Invitation from State Representative Betty Poirier inviting the Board to an informational meeting to discuss issues surrounding the new educational formula on Wednesday, December 7, 2005 at 4:30pm at Norton Middle School. Mr. McCarter noted that he will try to attend. . Letter from Town Counsel regarding the FY07 budget and the budget for Town Counsel. . Letter from Comcast in response to the Board's letter regarding the elimination of Boston news channels from HDTV. . Letter from COA Director Gale Farrugia responding to the Board's inquiry about the need for more vans for the elderly and disabled. . Memo from the School Superintendent and School Committee Chairman Michael Trowbridge regarding a meeting that was held with the School Building Assistance Authority Director. r Board of Selectmen Minutes of November 30, 2005 10 r-- . Memo from Traffic Enforcement Officer Lance Lawson regarding a school zone designation on Pratt Street. Mr. McCarter said that Officer Lawson's recommendation is to leave the roadway as is. Mr. D'Agostino noted that he responded to Senator Timilty's letter. Mr. McCue: . There is proposed legislation regarding 40Bs and he will be asking for support at the next meeting. . We talked about taking over responsibility of the train station and noted that the concession stand is up in the air at the moment. Mr. McCarter: . Asked if we have seen any recycling/trash figures since the recycling stickers have been sent out to residents. . Asked as to the status of the commuter parking spots ready on Old Colony Way. Mr. D'Agostino said that he hasn't received notification yet. Mr. McCarter noted that he will oppose a fee for trash and will work to keep it in the tax rate. Mr. Dolan: Asked Mr. D'Agostino if he read the newspaper article about GATRA today relative to double- r billing. Mr. D'Agostino had not yet read the article. Motion: To adjourn at 11 :OOpm (McCue) 5-0 Passes ~,~ ZJ~t:I ;1?1~t1~u- ZJ~k I~ 2~~5 Signature of Clerk Date of Approval r Board of Selectmen Minutes of November 30, 2005 11