Town of Mansfield

Board of Selectmen

Minutes of January 12, 2005

Present: Chairman Steven W. MacCaffrie; Clerk Bernard J. Dolan; Louis P. Amoruso, Selectman Michael McCue and Selectman Roger Achille (left at 9:05 PM)

Town Manager John O. D’Agostino

The Board of Selectman meeting was called to order at 7:35 p.m., followed by the Pledge of Allegiance.

Light Commissioners Meeting 7:30 PM

Gary Babin, Mansfield Electric Department Operations Manager

Chairman Roger Achille opened the Light Commissioners Meeting at 7:35 PM. Official Meeting Minutes for the Light Commissioners Meeting were recorded by the Light Department.

General subject matter included the following items:

· Meeting Minutes - Review/Approval

· Financial Summary Report – Kimberly Stoyle

· Appliance Rebate Program – Selectman vote to extend the program

· FY05 Budget – Modification to reflect a change in mailing format of the monthly newsletter

· Mansfield Robotics Team Presentation

Review of Cable Rate Increases 9:05 PM Nancy Leonardo

Note: Selectman Roger Achille was not present for the remaining of this meeting.

The Board met with Comcast representative Nancy Leonardo, in response to complaints received from cable customers regarding continued rate increases.

Discussion:

Ms. Leonardo explained that the Department of Telecommunication (DTE) is the regulatory body for setting cable rates. Comcast is required to file a copy of their rates with the DTE on an annual basis to ensure they comply with the federal standard. According to Ms. Leonardo, the current cable rate charged to customers for basic cable service is lower than what is allowed.

The Town of Mansfield has a 10-year contract agreement with Comcast to provide cable service to the Town, which expires in 2013. Ms. Leonardo explained that fees are incurred as a result of items negotiated during annual contract negotiations. Roughly 5% of this amount is passed along to the customers in addition to fixed fees and franchise related costs. The Franchise cost is increased from the original price agreed to per contract because the franchise amount is being amortized over an 8 years period vs. the 10-year agreement.

In closing, Ms. Leonardo provided additional information to the Board regarding rate regulation for their perusal. Customers who are dissatisfied with their cable service are encouraged to contact Ms. Leonardo by phone at 1-800-COMCAST (1-800-266-2278).

Weekly Business

· Warrant No. 29 in the amount of $2,765,699.56

Motion: To approve.

(Amoruso/McCue) 4-0 Passes

· Minutes of January 5, 2005

Motion: To approve.

(Amoruso/MacCaffrie) 3-0-1 Passes McCue abstained

Licenses and Permits 2005

The following Licenses renewal has been reviewed by the appropriate Town Department Heads and was presented to the Board of Selectman for their review and approval:

Common Victualler License – Wendy’s International dba Wendy’s International

Renewal for Wendy’s International, 64 Copeland Drive, Mansfield, MA

Inspector Nick Riccio inspected the property (certificate of inspection issued today and copy enclosed) and recommends the license be renewed.

Motion: To Approve

(Dolan/Amoruso) 4-0 Passes

Entertainment License - Mansfield Music and Arts Society, Inc. at the Tweeter Center

License period is for two days only Saturday, January 1 and Sunday, January 2, 2005.

Motion: To Approve

(McCue/Amoruso) 4-0 Passes

Correspondence

Correspondence Addressed to Board:

Letter from Mary Ellen Rochette, Executive Director, Pro-Home, Inc. dated January 10, 2005, announcing next Regional Fair Housing Commission meeting scheduled for January 18^th at 10:00 a.m. in Taunton and inviting Board to appoint a representative from Mansfield to serve as an official member of the commission. No members of the Board are available to attend this meeting. Town Manager will either find an appropriate person to represent Mansfield at the meeting or attend the meeting himself.
Letter from National Restaurant Brokers, Inc. dated December 13^th requesting 2005 list of Common Victualler, beer and wine and liquor license holders in town. The information requested is public record and will be provided.
Letter from Richard Packard, Department of Environmental Protection, dated January 5^th, concerning notification of release of oil and/or hazardous material at 50 Suffolk Road.
Letter from Mary Cinelli, 7 Village Road, dated December 31^st, complaining about recyclable items being collected as trash in her neighborhood.

Correspondence from Town Manager and Town Staff:

Letter to Colin Burch of the Boston Red Sox from Council on Aging Director Gale Farrugia, dated January 6^th, requesting that the World Series Trophy come to Mansfield for the Seniors at the Council on Aging to view.

Questions and Comments 9:00 PM

None

Town Manager’s Report 10:00 PM

World Series Trophy Display - Town Manager is scheduled to meet with Senior Citizens at a Coffee Hour scheduled for 10:00 AM this Thursday, January 13, 2005 at the Counsel on Aging. COA Director Gale Farrugia requested the World Series Trophy be displayed at the library/COA at that time. The Town is currently waiting for response from the Red Sox Organization.

Ambulance Cost Detail Summary - Fire Chief Bellavance is currently following up on Selectman Amoruso request for a detail summary showing the Fire Department’s operating costs to provide ambulance services offset by revenue.

Annual Budget Review Process is underway - Town Manager plans to provide insight regarding budget to the Finance Committee at a meeting scheduled this Thursday, Jan. 13, 2005. Preliminary budget review meetings have started with large size departments. The Board will meet with the Finance Committee on Thursday, January 27, 2005 to review the justification presented to add critical new personnel positions.

Town Manager provided update to Board regarding a potential 10% increase in State Local Aid as a result of lottery receipts.

Road Reconstruction Project/Route 106 - The Mass Highway Department (MHD) Contract for Route 106 is ready for signature. Town Manager hopes to negotiate fees for police details to be paid by Mass Highway. Northern Construction Services was selected as the low bidder 2.2 million.

Central Fire Station/Kitchen Upgrade - Fire Chief Bellavance scheduled a meeting with the MBC to review the proposed project on Jan. 18, 2005.

Airport Commission Meeting - Chairman MacCaffrie offered to attend the Airport Commission Meeting scheduled on Wednesday January 13, 2005 to review concerns regarding wastewater management. Misconceptions had surfaced in the past among members of the Airport Commission with respect to the impact of implementation of the Wastewater Management Plan prepared by CDM. CDM was invited to review proposed options that would to meet the needs of the community and satisfy the Airport Commission members.

Appointments to Board of Assessors – The Board discussed an option to fill two vacancies on the Board of Assessors with current Town employees from the Assessors office who have completed the basic Assessors Training Program. Based on review of a written opinion from Town Counsel (dated 1/12/05) regarding Appointment and Conflict of Interest, the Board moved forward to appoint Susan Sellon and Susan McGinley to serve on the Board of Assessors as Temporary Assessors until the positions are filled by permanent Assessors and in addition appoints Ms. Sellon and Ms. McGinley to be “Special Municipal Employees” to serve in this capacity. Town Manager would follow up with Susan Sellon and Susan McGinley regarding the appointment to the Board of Assessors (i.e. application paperwork, filing disclosure with Town Clerk, stipend, etc.)

Motion: To appoint Susan Sellon and Susan McGinley to the Board of Assessors on a temporary basis in accordance with the above referenced legal opinion (dated 1/12/05) and designate both women to be “Special Municipal Employees” exempt from Conflict of Interest.

(Dolan/McCue) 4-0 Passes Selectman Roger Achille was not present for this vote.

Request for Lien Subordination – Town Manager confirmed his authorization was required on a Lien Subordination Request previously submitted to the Board for approval by the Mansfield Community Development Office. The total debt on the property, including the HRP lien is $131,832.50.

Alcohol License Violation Revocation - policy to be reviewed prior to January 19

Public Hearing is not required. Issue to be discussed during a public meeting on January 27^th,

Selectmen’s Old Business

Selectman Amoruso: Commented regarding ongoing traffic difficulty with respect to making left hand turns at various intersections.

Motion: To send a letter to Bernie McCourt at Mass Highway District 5 requesting written copy of criteria to make provisions to implement left-hand turn traffic signals.

(Amoruso/McCue) 4-0 Passes

Selectman McCue: Question asked for an update based on a recent newspaper report about a group purchase for road salt material. As a result of the SERG failed group purchase of material, the price of road salt remains high. Town Manager was concerned about availability of material as the current stock is at about one-half capacity. The Highway Dept. hopes cost will be lowered by the time the Town needs additional material. The Town Manager noted the budget appropriated for snow removal is nearing close to depletion.

Selectman MacCaffrie: Mr. MacCaffrie questioned the status of an ongoing search to fill the vacant Selectman’s Secretary position. Town Manager is evaluating skills of four candidates hopeful to fill position by early-mid February.

Selectman MacCaffrie:

Town Counsel was previously asked for recommendations to modify the Town’s Liquor License Revocation Policy. Town Manager expects to receive a draft copy from Town Counsel for the Board to review prior to their next meeting on Wednesday, Jan. 19^th.

Follow up regarding Letter of Notification sent to Class II License holders requesting confirmation within 90 days that the business meets all State Statute requirements. No response yet

Town Manager is scheduling a meeting with representatives from Al Noor Academy Meeting to review neighborhood traffic concerns in the school area.

Selectmen’s New Business 10:40 PM

Selectman Amoruso: Formal announcement of intensions to seek re-election to the Board of Selectman for another term.

Selectman McCue: Question raised whether the Town has any protocol in place to handle winter parking violations caused by snowy weather conditions when you can’t see parking line markers. McCue distributed information from another Town for future consideration.

Motion: To adjourn 10:35 PM

Bernard J. Dolan January 19, 2004

Signature of Clerk Date of Approval