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HomeMy WebLinkAboutmin brd of selectmen 06/20/01 Present: RECEiVED TOWN CIJR~S Off ICE 01 JUN 28 AM 8: 41 June 20, 2001 ~'\ANSf IELO Chairman Louis P. Amoruso, Chairman; Michaet1~~~Eä~tfe~lSVice Chairman Bradford E. Wills; and Selectmen David W. McCarter and Daniel Donovan. Town Manager John D'Agostino Board of Selectmen Minutes of r · Warrant No. 52 in the amount of $5,453,505.39 Motion: To approve and sign (Wills-Donovan) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes . Minutes of June 13, 2001 Motion : To approve (Wills-Donovan) 5-0 with Selectman McCarter abstaining from the portion ('" of the meeting at which he was not present Passes · Request for transfer of $10,100.00 from Reserve Fund to Public Buildings/Special Projects for unanticipated increases in electric and heating costs. Clerk McCue asked if it is anticipated that there will be additional requests. Town Manager D'Agostino indicated they are anticipated, and they will be in the area of electricity and fuel. Shortfalls were anticipated due to unexpected increases in these line items. Motion: To recommend approval of the Reserve Fund Transfer to the Finance Committee (Wills-McCue) 5-0 Passes . One Day Beer and Wine License for Tri-County Beagle Club's Members Clambake and Dance on Saturday, July 7th from 11:30 a.m. to 11:30 p.m. Motion: To approve (Wills-McCarter) 4-0-1 with Selectman Donovan abstaining Passes ("'.. · Request from Rodman Ride for Kids to pass through Mansfield on Saturday, September 20th. Approved by Po/ice and Fire Chiefs Board of Selectmen Minutes of June 20, 2001 1 , .. r Motion : To approve (McCarter-Wills) 5-0 Passes · Request from Downtown Business Association to close North Main Street on July 11th from 5:30 p.m. through 10:00 p.m. for their Annual Sidewalk Sale. Approved by Police, Fire and DPW Motion : To approve (McCue-Wills) 5-0 Passes Town Manager and Staff Correspondence · Memorandum from Kurt Gaffney, Water Operations Manager, requesting approval of Water Main Extension for Castle Hill Estates Chairman Amoruso noted the request is well under the limits and suggested approval. Motion: To approve the water main extension for Castle Hill Estates (Wills-McCue) 5-0 Passes r- · Request for waiver of water connection inspection fee for St. Mary's Church Motion : To approve the request (Donovan-Wills) 5-0 Passes · Copy of letter from DPW Director Lee Azinheira to Duane Knapp, Norton Water and Sewer Superintendent re: reconstruction of Reservoir Street in Mansfield · Copy of letter from DPW Director Lee Azinheira to George Young, Foxborough Board of Health Agent, re: Mansfield Bleachery located in Foxborough at the Town Line · Memorandum from Louis Costa, MIS Director, requesting approval of the job description for MIS Network Support Technician that is funded at 19 hours a week starting July 1st. It is a permanent, part-time position without benefits. Selectman McCarter expressed the desire to have one person with a respectable salary serving both the Town and Electric Department. Motion: To approve the job description (Donovan-McCue) 5-0 Passes r- Board of Selectmen Minutes of June 20, 2001 2 r · Copy of Job Posting for Senior Engineer for Engineering Department that is funded for 37.5 hours per week starting July 1st. The position was approved by the Selectmen in December. · Job Description for Social Services Part-time Receptionist/Clerk for position funded starting July ¡st. This is an existing position that is currently vacant Motion: To approve the job description (Donovan-McCue) 5-0 Passes · Job Description for Council on Aging Outreach Worker approved at Town Meeting. This is a new position that was approved at Town Meeting. Motion: To approve the job description (Donovan-Wills) 5-0 Passes Bill Gerber, 362 Central Street - asked if the videos being taken of properties for assessment purposes can be viewed for zoning violations and enforcement. Town r Manager D'Agostino noted it is a good suggestion, but this component is not intended for zoning purposes. If there are unregistered vehicles on a property, the Police Chief can be notified. Building Code and Zoning violations can be reported to the BU/ïding Inspector for enforcement. We cannot take pictures for assessment purposes and use them for another purpose. Chairman Amoruso reminded the public that the Duck Race is next Wednesday, with ducks available for $1. each at the Recreation Department Office. Police Chief Arthur M. O'Neill addressed recommendations raised in the management study. . Staffing levels in relation to activities - the Chief noted there were deficiencies in the report because of poor record keeping whereby not all police activities were accurately recorded. This resulted in the appearance of overstaffing for the number of activities conducted. He reviewed the number of calls since the record keeping issues have been addressed, indicating proper r- staffing levels. Board of Selectmen Minutes of June 20, 2001 3 r · Management of pro-active time is minimal - the report was inaccurate. He reviewed the many activities that are being conducted that were not previously reported. He spoke of monitoring the sale of alcohol at package stores when there are no calls for service and officers patrolling on bicycle and on foot. Intersection enforcement, parks and playground patrols, community interaction and presence, building checks. The Chief reviewed various duties that have been assigned to each shift. · Detectives being staffed adequately but not being effectively managed - the suggestion was made that on-duty personnel could staff the intersection and train station details. A case management system has been adopted by the detectives. The Court Officer is doing reports on her activities and the evidence locker has been straightened out. · Tweeter Center Negotiations - the Chief took issue with the comments because he does not negotiate outside of his participation in the license. The administrative tasks for Tweeter, such as details, have always been managed by the Police Department and he gets involved only in special shows. · Move Administration to the same shift as the Chief - the chief believes that r would make one shift "top heavy" and other shifts understaffed. · Relationship of the Police Chief to the Town Manager - the Chief noted there's no question as to what the relationship is. · The organizational chart - he believes it is well-balanced. Selectman McCarter noted his belief that public safety personnel need to be bolstered, stating we've spent time and money meeting the needs of other divisions at the expense of Police and Fire in the last few years. · The Train Station - he cannot promise that he will always be able to have an officer there. There have been times when it hasn't been covered due to lack of a detail officer. The Town Manager indicated we anticipate we'll be able to cover 90 percent of the commuter exodus at the Train Station with patrol officers. Selectman Wills noted the crime rate has dropped, but today at 4:45 p.m. he saw two officers at the donut shop and one at the commuter lot. He suggested that we should follow the recommendations of the studies we pay so much money to have done. The Chief stated the individuals doing the study do not really know the town. They r may be familiar with other parts of the country, but not necessarily Mansfield. We need a shift commander and two patrols on every shift. Clerk McCue asked if the Board of Selectmen Minutes of June 20, 2001 4 r professional organizations to which the Chief belongs recommend any minimum staffing levels and if we're below the levels recommended. The Chief said he doesn't have the figures in front of him, but he believes we are below the levels recommended. The Chief further reviewed the changes being implemented, including annual inspections of each operation, a career development program, and increased enforcement aimed at under-age drinking. The Chief reiterated the fact that the department is not nearly as idle as the log items indicated when the study was done. The Town Manager noted the need to look at and record the types and numbers of calls for service and to evaluate the situation in a year's time. Clerk Wills pointed out the recommendation of the study for monthly written reports and quarterly meetings. The Chief noted he meets with the Town Manager on a regular basis and does not see the need for more than semi-annual reports to the Board. Chairman Amoruso noted such reports would also keep the public informed. Clerk McCue asked if we took advantage of the "Cops Fast-Cops More Program." The Chief detailed our efforts to do so, but noted the various problems encountered that made it impossible to implement the program. r Town Manager D'Agostino reported there were two meetings with the Chief on the use of defibrillators. He noted we can staff the parking lot at 85-90 percent of the time, pointing out that each detail is a four hour minimum with actual traffic management being done approximately 55 minutes of that period. We will continue to work with the Union in working out an arrangement for public safety at the Train Station without incurring $120.00+/- in expenses per day to do that. The Chief noted that all other details are paid for by the party needing them and suggested that MBT A is passing off their responsibility onto the Town. Selectman Wills suggested that Mr. Ditchman be charged for a portion of the detail for cars using his lot, since the owners of other private lots are responsible for payment of details. The suggestion was also made to investigate the possibility of putting our share of the parking fees into a revolving account to pay for police details. Chief O'Neill reported that the bids for the motorcycles and cruisers came in slightly higher than expected, leaving him short for the purchase, but with a significant amount of money he would like to use for the purchase of a trailer for traffic enforcement. We are all set for Motion: To approve the trailer purchase (Wills-McCarter) 5-0 Passes r Board of Selectmen Minutes of June 20, 2001 5 r The Chief requested approval to declare a 1989 motorcycle surplus and to put it out for bids. It is the motorcycle donated years ago by Great Woods Performing Arts Center and has been replaced by a 2000. Motion: To approve declaring the 1989 Harley-Davidson as surplus (McCarter-Donovan) 5-0 Passes Brian Leahy of TrammelCrow Company, development coordinator for the Erin Center Project, made a courtesy presentation to the Selectmen. Other team members present were Attorney Michael Bliss of Connors & Bliss, and Robert Woodland of Rizzo Associates, traffic engineers. The site is 34 acres bounded by Norfolk Street, West Street, and Route 140. It is zoned for industrial purposes and has been used for different purposes over the years. He showed the portion of the property in which Shaw's Supermarkets was interested in a few years ago. At that time the Planning Board was supportive. Shaw's has renewed that interest and has received support from the Planning Board. The complex would also include in Phase II a Home Depot, a full-service r restaurant, an office supply store, and a bank. They have been in front of the Mansfield Conservation Commission for Phase II and have received an Order of Conditions. The Massachusetts Environmental Protection Agency (MEPA) Certificate was applied for last summer and the environmental impact report (EIR) has been prepared. The fiscal impacts of this type of development would be short- and long-term for the town. Construction contracts are in excess of $13 million for one to two years of development. In addition, real estate tax revenue would be in excess of $400,000 per year estimated conservatively. The site plan has been done by Appledore Engineering, with twelve of the thirty-four acres being left as green space. A drainage study has also been done by Appledore Engineering and has been thoroughly reviewed by Town Engineer John Sullivan. A sound study has been conducted and mitigation measures have been incorporated into the plan. The proposed development meets or exceeds all of the required State levels. Site lighting is "neighbor-friendly" with the use of shoebox fixtures, preventing light spill on the abutting neighborhoods. Site screening (arborvitaes and 6-foot fencing) were shown. Determination has been made that there are adequate utility services available for the site. Mr. Leahy also reviewed the short- and long-term impacts, the number of jobs created, and the $8.2 million dollar payroll injected into the town. He also reviewed r- the past and present uses of the property, comparing the impact of those uses with the impact of the proposed uses as being positive. He noted other comparable Board of Selectmen Minutes of June 20, 2001 6 r improvements-screening, improved drainage based on best management practices, shopper-safe and neighborhood friendly lighting, noise mitigation (including restrictions on hours of operation and delivery) and a new signal on Norfolk Street directing traffic into the Business Park through Norfolk Street and getting it off West Street. Michael Bliss noted the request for a Special Permit for the Home Depot and restaurant. The Home Depot and office supply store would also require a Special Permit under the current Zoning By-Law, but are protected because a Form A was filed for that portion of the property prior to the zoning amendment. The retail use is grandfathered. Town Manager D'Agostino noted his calculations on the $13.5 million estimated construction and site improvement costs and questioned the amount of taxes generated. It was determined that the tax revenue estimates also include the land component. Robert Woodland, Senior Transportation Engineer, reviewed their study. He noted one of the biggest problems in the area is that West Street serves as the only access into the area for traffic coming from the south, creating substantial cut- r- through traffic in the neighborhood. The truck traffic associated with the area also uses West Street rather than accessing from School Street. The proposed traffic signal and access at Norfolk Street will improve access to the park from the south and will reduce the traffic associated with the park on West Street. The signal will be coordinated with existing signals on Route 140. Pedestrian connections and crosswalks will be created with the neighborhood property. Mr. Woodland reviewed trip generation levels and traffic patterns in the area analyzed during the study. They anticipate a 15 percent increase in traffic as a result of the development. Clerk McCue asked about increased traffic on other roads in the area as the result of traffic diversion. Mr. Leahy noted trucks delivering to that development will be coming directly from distribution centers and would be using interstate highways and heading to and from Routes 95 and 495. Clerk McCue also asked if details have been provided for during busy shopping times. Mr. Woodland replied that would be a decision of the management of the various stores and would be used for traffic flow if necessary. Mr. Leahy noted this development is a ground lease operation. There will be a management company engaged in caring for the site. Customers are expected to be drawn from the area within ten miles, with many other Home Depots ringing the area in surrounding towns. r Board of Selectmen Minutes of June 20, 2001 7 r Clerk McCue asked if they'd considered the use of recycled water. Mr. Leahy noted this project is considerably smaller than the Wrentham Outlet Mall that uses recycled water and it would not be feasible. Chairman Amoruso noted the request was received last week and not reviewed because a workshop was scheduled for last week's meeting. He noted Town Counsel has not yet received adequate information from the Alcoholic Beverages Control Commission (ABCC), but suggested it might be possible for the Board to issue such a license. Chairman Amoruso suggested that if the Board is inclined to grant such licenses, the decision should be made in order to advise downtown merchants of the possibility for their July 11th sidewalk sale. Selectman McCarter noted two issues. There is the possibility of issuing such a license to an individual; however, there's uncertainty as to whether more than one license can be issued to the same premise. Tweeter Center General Manager Bruce Montgomery and Sportservice's Manager r Robin Pickette were present to discuss the request. Mr. Montgomery noted the premise is defined as the area licensed, and not the property itself. He said the group scheduled is traveling with a 50 by 162 foot tent that cannot fit inside the venue. It would be fenced off in the parking lot with entrance to the tent gained only from the fenced-in area. Chairman Amoruso noted the problem we have is we've already made a decision on the sidewalk sale based on information received from the ABCC. We do not, however, have that information in writing yet. Town Manager D'Agostino pointed out that Tweeter Center can make the request, but it's at the Board's discretion as to whether they want to grant the request. Selectman McCue asked if this is the only time they plan to request such a license. Mr. Montgomery said he does not foresee any further requests, but does not preclude it from happening. Town Manager noted the problem Town Counsel is having is he's not getting staff cooperation from the ABCC. Selectman McCarter offered information that might assist Town Counsel in making the determination. r There will be disc jockeys in the tent and it is anticipated that people will be staying in the tent for two to three hours in the afternoon. Tweeter Center would Board of Selectmen Minutes of June 20, 2001 8 ·f' therefore like to provide two or three stations for food and beverages in that area as a revenue generator. The consensus of the Board was to grant the license if it's possible to do so legally. If it can be done, the Board wanted to give downtown merchants who hold alcohol licenses the opportunity to do the same thing. The question remained one of authority and the decision will be made next week when we have additional information. Downtown merchants will be advised. The Town Manager reported on the following: . Stan Murray (Stan the Barber) suffered underwent a quadruple by-pass operation. Women's Hospital in Boston. a heart attack last Friday and He's currently in Brigham and · The Annual Senior Citizens Electric Safety Luncheon is scheduled for Friday at 11:00 a.m. · Jordan-Jackson roof mediation is scheduled for Tuesday, June 26th, at Hill and f"" Barlow in Boston. We need to hold an executive session at the end of the meeting. · Richard Boucher will be in attendance at next week's meeting to discuss the lockbox issue. · An MBT A representative will be on site at the railroad underpass with Lee Azinheira tomorrow to determine the scope of work to be done. We do not yet have a commitment as to when they will paint the bridge. Clerk McCue: · Spoke of his concerns about the flooding at the underpasses. He noted that he realizes it's the State's responsibility. r · Attended the Norton Estates hearing in Boston on Tuesday and the stipulation was filed. The Judge is holding the stipulation pending notification from Attorney Mangiaratti that he is holding the $20,000. The Judge disallowed the motion to hold the stipulation. Board of Selectmen Minutes of June 20, 2001 9 ('" · May not be at the next meeting due to his candidacy for one of two Bristol County's Southeastern Regional Planning and Economic Development District's representatives to the Metropolitan Planning Organization (MPO) . He is still weighing his need to be at that meeting against his responsibility to the Town. Motion: To have Clerk McCue go to the meeting because someone has to be at the meeting to cast a vote on the Town's behalf. (Donovan-Wills) 4-0-1 with Clerk McCue abstaining Passes Selectman Wills: · Has been thinking about the banner issue with New Beginnings and asked the Board to consider completely eliminating the hanging of banners. Motion: To eliminate the hanging of banners (Wills-no second) Chairman Amoruso noted Attorney Mangiaratti has contacted their attorney and requested additional information as to the activities that will take place. If it is not a religious service and there is no proselytizing, it's not a problem. If there is, then we are within our rights not to comply with the request based on the separation of Church and State. ('" · Motion: There be no loaning of Town-owned tools or equipment. (Wills-McCarter) Selectman Donovan disagreed, noting how grateful he was as a resident when he had flooding at his house and was able to go to the town and sign out a pump. Selectman McCarter disagreed, noting Town-property belongs to the Town and should not be loaned out to anyone. Further discussion regarding the personal use of Town-owned property took place between Selectman Donovan and Vice Chairman Wills. DPW Director Lee Azinheira will be invited in to discuss the issue. Selectman McCarter offered to withdraw his motion, but noted he's adamantly opposed to the use of the loan of equipment. Town Manager D'Agostino suggested a discussion and review of the policy at a later date. Selectman McCarter withdrew his second. The motion was then seconded by Selectman Donovan. Vote: 2-3 with Amoruso, McCue and Donovan opposed. Fails · Selectman McCarter suggested the Town Manager mention that we were successful in obtaining the withdrawal permit for the Morrison Well. He also asked the status of the new Train Station. The Town Manager reported he is having difficulty getting together with Frank Gay and is trying to get him scheduled at a meeting to discuss the project with the Board. r Chairman Amoruso: Board of Selectmen Minutes of June 20, 2001 10 · ('" · Reported we need a vote to appoint Lee Azinheira as our SRPEDD Joint Transportation Planning Group (JTPG) representative and John D'Agostino as the alternate Motion: To appoint Lee Azinheira and John D'Agostino as our representative and alternate (McCarter-McCue) 5-0 Passes · We also need to appoint a Selectmen's representative to SRPEDD. It is not possible for a selectman to fill the position as the meetings are held on the same night as Selectmen's meeting. William Ottaviani, who has been our representative for a number of years, is no longer able to do it. Leonard Flynn is the Planning Board representative. Chairman Amoruso asked that residents be invited to apply, with the notice being put on cable television and the Town website. Applications should be received in time to make the appointment at the Selectmen's first meeting in July. Motion: To go into Executive Session at 10:50 p.m. to discuss mediation and pending litigation and to come out of Executive Session only to adjourn. Roll Call Vote: McCarter, aye; Wills, aye; McCue, aye; Donovan, aye; Amoruso, aye. 5-0 Passes ('" Open Session was reconvened at 10:55 p.m. and adjourned. (^^cCarter-Donovan) 5-0 Passes dIr!i1 ....7.'.11//£ .!1. Z ~o/ Date of Approval ('" Board of Selectmen Minutes of June 20, 2001 11