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HomeMy WebLinkAboutmin brd of selectmen 05/31/00 Board of Selectmen Minutes May 31, 2000 Present: Chairman McCarter, Clerk Wills, Selectmen Amoruso, and Donovan John D'Agostino, Town Manager The meeting was called to order at 7:30 p.m. by a representative of Boys State and was followed by the Pledge of Allegiance to the Flag, also led by members of Boys State and Girls State. Boys/Girls State advisor Bill Flannery had each of the fourteen Mansfield High School students introduce themselves. The group was comprised of seven members of Boys State and seven members of Girls State. Town Manager D'Agostino presented an overview of Mansfield Town Government as established by the Home Rule Charter. He noted the difference between "Town Meeting" and the" Selectmen's Meeting" and outlined those Government bodies that are elected by the voters and others that are appointed by the Board of Selectmen. He also reviewed the roles and functions of various boards and committees, as well as the responsibilities of department heads. · Warrant No. 47 in the amount of $739,153.62 Motion: To sign the warrant. (Amoruso-Donovan) All in favor. Passes. Chairman McCarter abstained on the Municipal Building Committee payroll. · Minutes of May 24, 2000 Motion: To approve and sign (Amoruso-Donovan) All in favor. Passes · Gray-McNeeley Commercial Parking Facility License for 888 South Main Street All department heads have now signed off on the license application. Motion: To approve and sign the license. (Amoruso-Donovan) All in favor. Passes · Warrant for the Special Town Election on June 13, 2000 Motion: To sign and post the warrant (Amoruso-Donovan) All in favor. Passes Minutes of May 31, 2000 · Order of Taking prepared by Town Counsel Robert Mangiaratti for acquisition of Parcell, Map 12 for conservation purposes Motion: To sign the Order of Taking for the purchase of approximately 29 acres shown as Parcell on Assessors Map 12 from O'Loughlin Construction, Inc., for $68,000. to be paid from existing conservation land acquisition accounts and grants. (Amoruso-Wills) All in favor. Passes · Order of Taking prepared by Town Counsel Robert Mangiaratti for acquisition of Parcel 30, Map 16 - had been signed previously, but there was an error in the original Order of Taking Motion: To sign the Order of Taking for the acquisition of vacant land in the Great Woods shown as parcel 30 on Assessors Map 15 for conservation purposes, to be purchased from existing conservation land acquisition accounts and grants, from Nancy Eames and Emma Scarpellini, trustees of New England Realty Trust, for $24,600. (Wills-Amoruso) All in favor. Passes · Letter of resignation from Bob Varley, Board of Mansfield Cable Access, who is moving to Florida Motion: To accept with regret the resignation of Bob Varley from the Cable Access Board of Directors and to send him a letter of thanks for his service. (Amoruso-Wills) All in favor. Passes · Report of Animal Welfare Committee Meeting and request for appointment of new Animal Welfare Committee. We now have seven applicants for seven positions and interviews have been scheduled for next week at 8:00 p.m. · Request for Block Party on Saturday, June 17th, from 3:00 p.m. to 10:00 p.m. (rain date Sunday, June 18th) blocking off a section of Old North Trail between Carriage House Lane and Old Stable Drive from noon to 10:00 p.m. Motion: To approve the request, noting that Old North Trail is still a private way as it has not yet been accepted at Town Meeting, subject to the requirements of the Police and Fire Departments for emergency access. (Amoruso-Wills) All in favor. Passes · Bristol Builders request for a second curb cut at their new facility located at 820A Plymouth Street. Correspondence was read from Shaun Burke, Director of Planning and Development, and Lee Azinheira, DPW Director. Minutes of May 31, 2000 2 Motion: To grant a waiver of the Selectmen's policy regarding curb cuts subject to the agreement and approval necessary from the Zoning Board of Appeals. (Amoruso-Wills) All in favor. Passes · Letter from Bruce Montgomery, General Manager of the Tweeter Center, regarding alleged inaccurate information communicated to the Board at the meeting of May 24th concerning a proposed expansion of their parking lot. Town Manager D'Agostino noted the letter was received on May 3rt and it is the policy of the Board that communications received after Friday be held until the following weeks meeting. He also noted that he was not aware Board members had been contacted by Mr. Montgomery to read the letter tonight. Mr. D'Agostino acknowledged stating Tweeter Centers intention to add 1,300 parking spaces-not the 600 referred to in Mr. Montgomerys recent letter. He reaffirmed his understanding that 1,300 spaces would be added, noting that figure was provided by DavId Ting and not ''plucked out of the air. " Chairman McCarter noted every case should be judged on its merits and he does not believe it is in the Town's best interests to appeal what was granted to the Tweeter Center by the Zoning Board of Appeals. Selectmen restated their interest in receiving a copy of the Zoning Board of Appeals' decision when it is filed Chairman McCarter called for questions and comments. There were none. DPW Director Lee Azinheira, Water Operations Manager Kurt Gaffney, and Consultant Chris Woodcock of Woodcock & Associates were present to discuss the Water Connection Fee Study prepared by Woodcock & Associates. Mr. Woodcock explained the current water connection fees were last revised in 1994 and are based on a table of equivalent unit factors. The current water connection fee is $2,400 per unit, with nonresidential fees based on square footage. He recommended water connection fees be set based on the cost of recent water supply projects assessed on the basis of the customer's water meter size. Chairman McCarter asked if we need both water capital charges and an enterprise account. Mr. Woodcock explained that capital charges could be eliminated and the Minutes of May 31, 2000 3 water rates raised. Since water rates were just raised, Selectmen found this to be inadvisable. Mr. Azinheira noted doing so would enable new users in the system to benefit at the cost of existing ratepayers. Discussion ensued regarding water capital charges and whether, if they are too high, such charges would discourage new businesses from coming to town. Mr. Azinheira reminded the Board that the new policy is based on actual use, whereas the old policy was based on the number of units. The new charge would capture the cost of supply, transmission and distribution of water. Town Manager D'Agostino noted this is a good beginning, stating we need to have the flexibility to go back and look at the charges over time. He reminded the Board of the costs involved in permitting the Morrison Well with all the related requirements set by the Water Resources Commission, totaling $500,000 before we even draw a drop of water. He also announced the Town anticipates receiving a favorable ruling on its Interbasin Transfer application on June 8th. A five-minute recess was called at this point in the meeting_ Andrea Langhauser of the Executive Office of Environmental Affairs (EOEA) and Greg Guimond of the Southeastern Regional Planning and Economic Development District (SRPEDD) presented a build-out analysis of Mansfield, predicting the population will increase to 24,000 from its current 20,700. State Representatives Betty Poirier and Barbara Hyland were also in attendance for the presentation. Ms. Langhauser presented a slide show of various properties illustrating the character of the town. She noted Community Preservation Summits are being held throughout the Commonwealth which townspeople discuss the three things they believe are the most important things about their communities and the three things they would want to change. The goal is to provide a message for decision-makers. She identified the characteristics of which a community is comprised as an historic district, a downtown, open space, affordable housing, farmland, water resources, and economic development. Ms. Langhauser noted the build-out numbers illustrate the maximum development permissible under existing zoning, being careful to note that maximum development does not necessarily cap population. The analysis showed a predicted increase of 1,111 public school pupils, a 71 percent increase in water use, and an additional 30 miles of roadway at maximum build-out. Mr. Guimond presented various maps-color-coded by zoning districts, areas sewered and showing surface and groundwater protection overlays. The availability of Community Development Plan grants was reviewed, based on four key areas: Minutes of May 31, 2000 4 location and type of transportation infrastructure improvements, new housing opportunities, acquisition of open space, and commercial and industrial development by location, type and quantity. Town officials and residents were invited to attend a "Super Summit" to be held June 17th in Middleboro where all fifty-one build-out analyses will be presented. A set of maps and the build-out analysis information for Mansfield was put on a CD and given to the Town for its use. Town Manager D'Agostino reported the following: . He, along with other Town officials, will be attending the Water Commission meeting on June 8th regarding the Morrison Well. information was provided to the Commission today and a recommendation is expected on June 8th. Resources Additional favorable · He attended the Tri- Town Chamber of Commerce breakfast meeting at which MassHighway Commissioner Matt Amorello was the speaker. An update on Norton, Mansfield, Foxboro infrastructure projects was given and he had the opportunity to discuss with Senator Sprague the importance of making the Mansfield Route 106 project a funding priority. · A subcommittee meeting was held Tuesday night and they are moving forward on his new contract. Clerk Wills reported they plan to have another meeting and will be reporting to the Board at a future date. · He will be away Thursday and Friday attending the Massachusetts Town Managers Spring Conference. Chairman McCarter asked for an update on the train fencing. Town Manager D'Agostino said additional areas have been identified for various types of fencing. Some areas were upgraded from chain link fencing to high security fencing and we are expecting a full report soon. A t that time he will be writing to Congressmen Barney Frank and Jim McGovern to provIde additional funding for the fencing. Selectman Amoruso asked for information about the Town Meeting vote to allow an individual a waiver from the age restriction for becoming a police officer. Town Manager D'Agostino explained that M.G.L. Chapter 31, Section 61A and 61B Minutes of May 31, 2000 5 mandates the age requirement would have to be removed for everyone in the future and cannot be limited to an indivIdual. Labor Counsel will be provIding proper notification to the A ttorney General. Clerk Wills asked if the owner of the former Clemmey Tank property could be ordered to clean up the property in the same manner as the former Homestead Restaurant property was done. Town Manager D 'Agostino saId he has advised the Building Inspector that the Board intends to see that property cleaned up. If the landowner is ordered to do so and does not meet the deadline, then the Town must assume the financial responsIbility to do the cleanup and there is a risk of potential contamination on the site. Mr. D'Agostino will check on the DEP order. Clerk Wills also asked what became of the electric program presented to the school by Mr. Gouley that was discussed at the Light Commissioner's meeting. Mr. D 'Agostino advised the Board that Mr. Gouley will be doing a program for the senior citizens at a luncheon program sponsored by the Light Department and the program would be discussed further at the Light Commissioners meeting. In addition, Clerk Wills asked for an update on the request of Asian Antiques on Oakland Street regarding their electric rates. Selectman Donovan suggested the Town hire someone to go around with the trash recycling truck and record the addresses of those not recycling, with the intent of notifying them of the increased trash fees resulting from their lack of participation in the recycling program. Other Selectmen suggested a notice be put on Cable and sent out with the light bills explaining the cost benefit of recycling and encouraging increased participation in the program. Chairman McCarter asked that a meeting be set up on an off night with the Norton and Foxboro Water and Sewer Commissioners-preferably on a Tuesday or Thursday night. Motion: To go into Executive Session to discuss legal advice given by Town Counsel and come out of Executive Session only to adjourn. (Donovan-Wills) Discussion followed as to the purpose and legality of an Executive Session and the motion and second were withdrawn. It was noted an Executive Session is permissible under the Open Meeting Law to discuss the reputation, character, physical condition or mental health of an individual, but not an individual's professional competence. The individual being discussed must be notified 48 hours in advance, has the right to be present, and the right to request the meeting be held in open session. Minutes of May 31, 2000 6 Motion: To send Mr. Mangiaratti notification of a possible Executive Session at which he will be discussed to be held next Wednesday, June 7t\ at 7:00 p.m. (Donovan-Wills) 3-1 with Chairman McCarter opposed. Passes Motion: To adjourn at 11:10 p.m. (Amoruso-Wills) All in favor. Passes ( '\ "\, \ ~U~ 'v /'}Ütv 7 . ?'~C'i' 7 Date of Approval Minutes of May 31, 2000 7