HomeMy WebLinkAboutmin brd of selectmen 04/11/01
Present:
RECEIVED
TO j\~ CI nn<s OFF ICE
Board of Selectmen
Minutes of 0 I APR 19 AM II: 04
April 11, 2001 ¡'¡AHSr-IELD
Chairman David W. McCarter; Clerk Brað1~~~.CWl~s~TJe1ectmen
Louis P. Amoruso, Amos M. Robinson, and Daniel Donovan.
John O. D'Agostino, Town Manager
,,-
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The meeting was called to order at 7:00 p.m., followed by the Pledge of Allegiance
to the Flag.
· Minutes of April 4, 2001
Motion : To approve
(Amoruso-Wills) 3-0 with Selectmen Robinson and Donovan not
present Passes
,,-
Warrant No. 42 in the amount of $7,503,965.62
(Amoruso-Wills) 3-0 with Selectmen Robinson and Donovan not
present and Chairman McCarter abstaining from Municipal Building
Committee payroll .
· Parade Permit Application of V. F. W. for their annual Memorial Day Parade
to take place May 28th at 10:00 a.m. - approved by the Police Chief
Motion : To approve
(Amoruso-Wills) 3-0 with Selectmen Donovan and Robinson not
present Passes
Selectman Robinson arrived at 7:10 p.m.
· One Day Beer and Wine License for Tri-County Beagle Club's Field Trial and
Pig Roast on Saturday, April 28th, from 12:00 p.m. to 11:30 p.m.- reviewed
and approved by appropriate department heads
Motion: To approve
(Amoruso-Wills) 4-0 with Selectman Donovan not present Passes
,,-
Board of Selectmen Minutes of April 11, 2001
1
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· Common Victualler's License for Magic, Inc. dba Village Pizza at 365 North
Main Street - license was formerly held by William Saki/lares; reviewed and
approved by appropriate department heads
Motion : To approve
(Robinson-Amoruso) 4-0 with Selectman Donovan opposed Passes
· Hackney Carriage Licenses for Mansfield Town Taxi (3 vehicles) - reviewed
by Police Chief; wi/I be inspected when licensed
Motion: To approve
(Robinson-Wills) 4-0 with Selectman Donovan not present Passes
,,-
· Request from Charlie Mulcahy for the Board to vote to approve and sign a
conservation restriction on the 3.493 acre parcel given to Natural Resources
Trust by the Tournament Players Club of Boston at Great Woods
Motion: To sign
(Wills-Robinson) 3-0-1 with Selectman Amoruso abstaining and
Selectman Donovan not present Passes
· Letter from Residents of Westview Drive requesting a "Dog Waste Removal"
sign to be placed between 3 and 7 Westview Drive near the fire hydrant
Motion: To have staff work with the area residents to establish an
appropriate sign location
(Amoruso-Robinson) 4-0 with Selectman Donovan not present
Passes
· Letter from Br. Alexis Bugnolo resigning from the Ad Hoc Committee for
the Renewal of the Cable License
Motion: To accept the resignation and send a letter of thanks; advertise
the opening on cable
(Wills-Amoruso) 4-0 with Selectman Donovan not present Passes
Selectman Donovan arrived at 7:20 p.m.
· Letter from Kevin E. Byrne, Executive Vice President of Tri- Town Chamber
of Commerce, re: Tweeter License
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· Letter from James J. Hager, Superintendent of Southeastern Regional
School, re: the appropriation of $47,576 in additional Chapter 70 funds
Board of Selectmen Minutes of April 11, 2001
2
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Selectman Donovan reported that former Selectman Frank "Chico" Colella is out of
the hospital and feeling well. He thanks all those who have sent him cards and
notes of encouragement.
Article 1 - Motion
Move the Town vote that the income from the sale of electricity to private
consumers or for electricity supplies to municipal buildings or for municipal power
and street lights, together with receipts from jobbing accounts, be appropriated
for the Municipal Electric Department, the whole or any part to be expended by the
Manager of the Municipal Electric Department under the direction and control of
the Board of Selectmen as Municipal Light Commissioners, for expenses of the
Department for FY2002.
Motion: To support
(Robinson-Amoruso) 5-0 Passes
r
Article 2 - Motion
Move the Town vote to raise and appropriate or transfer from available
funds the sum of $27,091,343.94 to defray the expenses of the Municipal Town
departments, as further described below for the ensuing 12-month period beginning
July 1, 2001:
Raise from Taxation
Transfer from Available Funds:
Wetlands Protection Act
Water Operations
Wastewater Operations
Electric Department
Total
Motion: To support
(Donovan-Wills) 5-0 Passes
,,-
$25,435,564.94
2,500.00
465,108.00
543,524.00
644.647.00
27,091,343.94
Move the Town vote to raise from water enterprise revenue or transfer
from available funds the sum of $2,794,024.78 to defray the expenses of the
Board of Selectmen Minutes of April 11, 2001
3
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Water Enterprise, as further described below for the ensuing 12-month period
beginning July 1, 2001:
Raise from Revenue
$2,674,478.5
2
119.546.26
2,794,024.78
Transfer from General Fund
Total
Water
2001
Budget
Dollar
Difference
2002
Proposed
41a Personal Services 534,208.50 611,176.00 76,967.50
41b Other Expenses 538,634.00 603,096.00 64,462.00
41c Capital Outlay 259,500.00 46,826.00 -212,674.00
41d Debt 1,111,682.02 1,042,817.78 -68,864.24
41e Internal Services 399,327.00 465,109.00 65,782.00
41f Reserve Fund 25,000.00 25,000.00 0
Total 2,868,351.52 2,794,024.78 -74,326.74
Motion: To support
(Donovan-Amoruso) 5-0 Passes
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Article 4 - Motion
Percent
Change
14.41
11.97
-81.96
-6.19
16.47
o
-2.59
Move the Town vote to raise and appropriate the sum of $27,626,126 to
defray the expenses of the Mansfield Public School System for the ensuing 12-
month period beginning July 1, 2001 as follows:
Salaries $21,986,233.00
Goods and Services 5.639.893.00
TOTAL $27,626,126.00
Motion: To support the article, with the understanding the number will change
(Robinson-Wills) 5-0 Passes
Move the Town vote to raise and appropriate the sum of $120,233 to defray
the expenses of the Mansfield Public School System for the ensuing 12-month
period beginning July 1, 2001 as follows:
r
Salaries
Goods and Services
TOTAL
$69,233.00
51.000.00
$120,233.00
Board of Selectmen Minutes of April 11, 2001
4
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(Please be advised that this warrant article for $120,233 will be withdrawn
predicated upon the School Committee's ability to secure appropriate funding of
$27,626,126 for its FY2002 budget.)
Motion: To support the withdrawal of the article
(Amoruso-Wills) 4-0-1 with Selectman Donovan abstaining Passes
Article 6 - Motion
Move the Town vote to raise and appropriate the sum of $274,464 to
defray the expenses of the Southeastern Regional School District for the ensuing
12-month period beginning July 1, 2001.
Motion: To support
(Amoruso-Robinson) 5-0 Passes
Article 7 - Motion
Move the Town vote to authorize the Building Inspector's Department to
establish for Fiscal Year 2002 a Revolving Inspection Account in accordance with
MGL Chapter 44, Section 53Eî for the collection of 65'0 of electrical, mechanical,
r gas and plumbing inspection fees, (the remaining 35'0 to be credited to General
Fund estimated receipts) and to authorize expenditures of up to $150,000 in
payment to inspectors performing these inspections.
Motion: To support
(Donovan-Robinson) 5-0 Passes
Article 8 - Motion
Move the Town vote to authorize the Police Department to establish for
Fiscal Year 2002 a Revolving Firearms License and Permit Fees Account in
accordance with MGL Chapter 44, Section 53Eî to receive 50'0 of firearms license
and permit fees, and to authorize expenditures of up to $10,000 from such fund to
pay the expenditures and wages involved in the issuance of said licenses and
permits.
Motion: To support
(Robinson-Wills) 4-1 with Selectman Donovan opposed Passes
Article 9 - Motion
Move the Town vote to authorize the Department of Public Works to
r establish for Fiscal Year 2002 a Revolving Home Compost Bin Account in accordance
with MGL Chapter 44, Section 53Eî for the collection of proceeds from the sale of
Board of Selectmen Minutes of April 11. 2001
5
r home compost bins and to authorize expenditures of up to $5,000 for the purchase
of these bins.
Motion : To support
(Robinson-Wills) 4-1 with Selectman Donovan opposed Passes
Article 10 - Motion
Move the Town vote to accept MGL Section 4 of Chapter 73 of the Acts of
1986 as amended by Chapter 126 of the Acts of 1988 which allows an additional
real estate tax exemption of one hundred percent (100'}'0) on Clauses 17D, 22, 22A,
22B, 22C, 22D, 22E, 37A, 41C of Section 5 of Chapter 59 of the General Laws.
Motion: To support
(Robinson-Amoruso) 5-0 Passes
Article 11 - Motion
Move the Town vote to appropriate the sum of $400,000 for the purpose of
developing a Comprehensive Wastewater Management Plan including, without
limitation, all costs thereof as defined in Section 1 of Chapter 29C of the General
Laws; that to meet this appropriation the Treasurer, with the approval of the Board
r of Selectmen, is authorized to borrow $400,000 and issue bonds or notes
therefore under Chapter 44 of the General Laws and/or Chapter 29C of the
General Laws; that such bonds or notes shall be general obligations of the Town
unless the Treasurer, with the approval of the Board of Selectmen, determines
that they should be issued as limited obligations and may be secured by local
system revenues as defined in Section 1 of Chapter 29C; that the Treasurer, with
the approval of the Board of Selectmen, is authorized to borrow all or a portion
of such amount from the Massachusetts Water Pollution Abatement Trust
established pursuant to Chapter 29C and in connection therewith to enter into a
loan agreement and/or security agreement with the Trust and otherwise to
contract with the Trust and the Department of Environmental Protection with
respect to such loan and for any federal or state aid available for the project or
for the financing thereof; and that the Board of Selectmen, Board of Public Works,
or other appropriate local body or official is authorized to enter into a project
regulatory agreement with the Department of Environmental Protection to expend
all funds available for the project and to take any other action necessary to carry
out the project.
Motion: To support
(Donovan-Wills) 5-0 Passes
r Article 12 - Motion
Board of Selectmen Minutes of April 11, 2001
6
r Move the Town vote to appropriate the sum of $6,250,000 for the design
and construction of a Water Treatment Facility on Town land adjacent to the
existing Highway Garage including, without limitation, all costs thereof as defined in
Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the
Treasurer, with the approval of the Board of Selectmen, is authorized to borrow
$6,250,000 and issue bonds or notes therefore under Chapter 44 of the General
Laws and/or Chapter 29C of the General Laws; that such bonds or notes shall be
general obligations of the Town unless the Treasurer, with the approval of the
Board of Selectmen, determines that they should be issued as limited obligations
and may be secured by local system revenues as defined in Section 1 of Chapter
29C; that the Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow all or a portion of such amount from the Massachusetts
Water Pollution Abatement Trust established pursuant to Chapter 29C and in
connection therewith to enter into a loan agreement and/or security agreement
with the Trust and otherwise to contract with the Trust and the Department of
Environmental Protection with respect to such loan and for any federal or state aid
available for the project or for the financing thereof; and that the Board of
Selectmen, Board of Public Works, or other appropriate local body or official is
authorized to enter into a project regulatory agreement with the Department of
Environmental Protection to expend all funds available for the project and to take
r any other action necessary to carry out the project.
Motion : To support
(Donovan-Wills) 2-3 with Robinson, Amoruso and McCarter opposed Fails
Article 13 - Motion
Move the Town vote to raise and appropriate the sum of $275,000 for various
Capital Improvements projects for the Department of Public Works/Highway
Division; and
Move the Town vote to raise and appropriate the sum of $88,500 for various
Capital Improvements projects for the Department of Public Works/Public
Buildings Division.
Motion: To support the $275,000
(Amoruso-Wills) 5-0 Passes
Article 14 - Motion
Move the Town vote to raise and appropriate the sum of $144,157 for
various Capital Improvements projects for the Fire Department.
r Motion: To support
(Amoruso-Robinson) 4-0-1 with Selectman Donovan not present
Board of Selectmen Minutes of April 11, 2001
7
r
Article 15 - Motion
Move the Town vote to raise and appropriate the sum of $242,000 for various
Capital Improvements projects for the Engineering Department:
. Mill Pond Dam Replacement
. Lakeview Avenue Drainage
Motion: To support
(Wills-Robinson) 5-0 Passes
Article 16 - Motion
Move the Town vote to appropriate the sum of $1,200,000 for the purpose
of the construction of the Stormwater Phase II Management Plan including, without
limitation, all costs thereof as defined in Section 1 of Chapter 29C of the General
Laws; that to meet this appropriation the Treasurer, with the approval of the Board
of Selectmen, is authorized to borrow $1,200,000 and issue bonds or notes
therefore under Chapter 44 of the General Laws and/or Chapter 29C of the
General Laws; that such bonds or notes shall be general obligations of the Town
r unless the Treasurer, with the approval of the Board of Selectmen, determines
that they should be issued as limited obligations and may be secured by local
system revenues as defined in Section 1 of Chapter 29C; that the Treasurer, with
the approval of the Board of Selectmen, is authorized to borrow all or a portion of
such amount from the Massachusetts Water Pollution Abatement Trust established
pursuant to Chapter 29C and in connection therewith to enter into a loan agreement
and/or security agreement with the Trust and otherwise to contract with the
Trust and the Department of Environmental Protection with respect to such loan
and for any federal or state aid available for the project or for the financing
thereof; and that the Board of Selectmen, Board of Public Works, or other
appropriate local body or official is authorized to enter into a project regulatory
agreement with the Department of Environmental Protection to expend all funds
available for the project and to take any other action necessary to carry out the
project.
Motion: To support
(Robinson-Donovan) 5-0 Passes
Article 17 - Motion
Move the Town vote to raise and appropriate the sum of $75,000 for
r" various Capital Improvements projects for the Town Manager for the acquisition of
Board of Selectmen Minutes of April 11, 2001
8
r Map 26, Lot 23 for the purpose of creating expanded parking for the
Library/Council on Aging Facility, and
Move to raise and appropriate the sum of $10,000 for various Capital
Improvements projects for the Fair Housing Committee.
Motion: To support
(Donovan-Amoruso) 5-0 Passes
Article 18 - Motion
Move the Town vote to raise and appropriate the sum of $75,000 for
various Capital Improvements projects for the Recreation Commission.
Motion: To support
(Donovan-Amoruso) 5-0 Passes
Article 19 - Motion
Move the Town vote to raise and appropriate the sum of $89,600 for
various Capital Improvements projects for the School Department.
Motion: To support withdrawal of the article
r (Donovan-Robinson) 5-0 Passes
Article 20 - Motion
Move the Town vote to authorize the Board of Selectmen to acquire by gift,
purchase or eminent domain approximately 19 acres more or less on Essex Street
and, to allow for this acquisition, to raise and appropriate the sum of $850,000 for
this purchase. Further, the Mansfield Conservation commission shall contribute
$150,000 from their Land Acquisition Fund account for said purchase, with the
understanding that said land shall be used for conservation and similar passive
recreation purposes, and that the land shall be administered, controlled, and
maintained by the Conservation Commission under the provisions of M.G.L. Chapter
40, Section 8C. To meet this appropriation the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $850,000 under M.G.L. Chapter 44,
Section 7(2) as amended. The Town of Mansfield is further authorized to seek any
available grant funds, including those under the Self-Help Act [chapter 132A,
Section 11]. Any grant monies received, as a reimbursement for this acquisition,
shall be placed into the Land Acquisition Fund of the Conservation Commission for
future acquisition projects, or take any action in relation thereto.
Motion: To support
,,- (Donovan-Robinson) 4-1 with Wills opposed
Board of Selectmen Minutes of April 11, 2001
9
r Article 21 - Motion
Move the Town vote to authorize the Board of Selectmen to transfer and
convey the following interests in real estate for nominal consideration of less than
$100.00 to the Massachusetts Bay Transportation Authority or its designee, as a
portion of the Town's contribution to the train station redevelopment project:
Interest to be conveyed: Fee Simple
Leaal Description as printed in warrant
Interest to be conveyed: An easement to construct, use and maintain ramps, stairs,
and other facilities for pedestrian access to the Mansfield railroad station,
provided that the exercise of such easement rights does not materially interfere
with the use of the easement area as a public sidewalk:
Legal Description as printed in warrant
Motion: To support
(Amoruso-Wills) 5-0 Passes
r Article 22 - Motion
Move the Town vote to authorize the Board of Selectmen to acquire by gift,
purchase or eminent domain a fee simple interest in the following described land
for the purpose of establishing a public way thereon.: The land in Mansfield, Bristol
County, Massachusetts bounded and described as: A certain parcel of land situated
at the northeast intersection of Chauncy Street and Draper Street, in the Town of
Mansfield, Bristol County (North), Commonwealth of Massachusetts, bounded and
described as printed in the warrant.
Motion: To support
(Wills-Amoruso) 4-0-1 with Selectman Robinson abstaining Passes
Article 23 - Motion
Move the Town vote to appropriate a sum of money to defray land
acquisition expenses for the establishment of a new public way that would run from
Draper Street and River Street, provided the full amount of such expense can be
recovered through a reimbursement from the federal government, the state
government, the Massachusetts Bay Transportation Authority or any other agency
or political subdivision of state or federal government.
,,- Motion: To support
(Wills-Donovan) 4-0-1 with Selectman Robinson abstaining Passes
Board of Selectmen Minutes of April 11, 2001
10
r Article 24 - Motion
Move the Town vote to authorize the Board of Selectmen to acquire by gift,
purchase or eminent domain a fee simple interest in the following described land
for the purpose of establishing a public sidewalk thereon: The land in Mansfield,
Bristol County, Massachusetts bounded and described as: A certain parcel of land
located north of Chauncy Street and west of the MBT A Railroad in the Town of
Mansfield, in the County of Bristol and the Commonwealth of Massachusetts
bounded and described as printed in the warrant.
Motion: To support
(Wills-Amoruso) 4-0-1 with Selectman Robinson abstaining Passes
Article 25 - Motion
Move the Town vote to appropriate Q sum of money to defray land
acquisition expenses for the establishment of a new public sidewalk on the
northerly side of Chauncy Street, provided the full amount of such expense can be
recovered through a reimbursement from the federal government, the state
government, the Massachusetts Bay Transportation Authority or any other agency
or political subdivision of state or federal government.
r Motion: To support
(Donovan-Wills) 4-0-1 with Selectman Robinson abstaining Passes
Article 26 - Motion
Move the Town vote to authorize the Board of Selectmen to transfer and
convey for nominal consideration of less than $100.00 to the Massachusetts Bay
Transportation Authority or its designee, as a portion of the Town's contribution to
the train station redevelopment project, an easement to construct, use and
maintain ramps, stairs, and other facilities for pedestrian access to the Mansfield
railroad station, provided that the exercise of such easement rights does not
materially interfere with the use to the easement area as a public sidewalk. The
easement area is on land situated on the northerly side of Chauncy Street bounded
and described as follows: A certain parcel of land located north of Chauncy Street
and west of the MBTA Railroad in the Town of Mansfield, in the County of Bristol
and the Commonwealth of Massachusetts bounded and described as printed in the
warrant.
Motion: To support
(Donovan-Wills) 4-0-1 with Selectman Robinson abstaining Passes
r Article 27 - Motion
Board of Selectmen Minutes of April 11, 2001
11
r Move the Town vote to raise and appropriate the sum of $15.000 for a
Household Hazardous Waste Collection.
Motion: To support
(Amoruso-Robinson) 5-0 Passes
Article 28 - Motion
Move the Town vote to raise and appropriate the sum of $45,000 for the
purpose of constructing a new ten-space parking lot off Park Street within the
former railroad right-of-way, and across from the Mansfield Housing Facility at 15
Park Street.
Motion: To withdraw
(Robinson-Amoruso) 4-1 with Selectman Donovan opposed Passes
Move the Town vote to raise and appropriate the sum of $50,895.01 for the
preparation of an Immediate Response Action (IRA) Plan and to conduct an
environmental assessment for remediation/closure of the former Hercules Landfill
r site off Stearns Avenue.
(Wills-Donovan) 5-0 Passes
Move the Town vote to authorize the Town Manager to exercise the
additional two one-year extensions of the three-year contract with N.E. Ecological
Development Inc. for waste collection, waste disposal and recycling collection.
Motion: To support
(Donovan-Amoruso) 5-0 Passes
Article 31 - Motion to Withdraw
Move the Town vote to transfer a sum of money from Free Cash into the
Stabilization Account.
Motion: To support withdrawal
(Amoruso-Robinson) 4-1 with Selectman Donovan opposed Passes
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Board of Selectmen Minutes of April 11, 2001
12
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Article 32 - Motion
Move the Town vote to amend the General By-Laws, Chapter Six "Police
Regulations" by adding a new Section 12 entitled "Discharge of a Paint Ball Gun." (As
printed in the warrant.)
Motion: To support
(Amoruso-Wills) 5-0 Passes
The review of Warrant Articles was paused for a scheduled public hearing at 8:30
p.m.
Clerk Wills read the legal notice as it appeared in The Sun-Chronicle on March 28th
and April 4th.
Motion: To open the Public Hearing
(Amoruso-Wills) 5-0 Passes
r
Mike Ahern noted that with the exception of three streets, the rest of them have
been withdrawn.
A memorandum from Shaun Burke, Director of Planning and Development, was read,
in which he advised the Selectmen that the following streets have been withdrawn
from the Annual Town Meeting Warrant: Stearns Hill Estates - Colonial Drive,
Pilgrim Road, Autumn Lane, Freedom Trail, Mayflower Drive, Old North Trail,
Plantation Road; Mayhew Farm - Mayhew Farm Drive; Homefield Farms -
Homefield Drive; and Woodland Park - Denwood Street; Smiley Avenue, Marshall
Avenue; and Shawmut Avenue Extension. Those streets remaining on the warrant
for acceptance are: Eugenia Drive, within Donald Estates; Deer Path Circle within
Treetops; and Cobbler Road within Cobbler's Corner.
Also read were memoranda from Shaun Burke and Town Engineer John Sullivan
regarding the punch lists for the streets, with the recommendation that the
Selectmen not vote to layout the streets until all punch list items are complete.
Guy Resh of Deer Path Circle spoke of a large pool of water at the bottom of a
ditch that they're concerned about. Mr. Ahern noted it is an item on the punch list.
r Subdivision Inspector Jack Smith noted it will have to be addressed prior to being
Board of Selectmen Minutes of April 11, 2001
13
r recommended for acceptance. The developers of the streets have been notified of
deficiencies.
Cobbler Road (Article 45), Millfarm Drive and Mill Stone Court (Articles 41 and 42)
are recommended for acceptance. The latter two were accepted last year, but the
plans were not filed with the Registry of Deeds within the required 120 days. They
must therefore be re-accepted.
Motion: To close the Public Hearing
(Wills-Donovan) 5-0 Passes
Article 33 - Motion
Move the Town vote to amend the General By-Laws, Chapter Twenty-One, by
adding a new section entitled "Fire Department Regulations." (As printed in the
warrant.)
Motion: To support
(Donovan-Wills) 4-0-1 with Selectman Amoruso abstaining Passes
Article 34 - Motion
r Move the Town vote to establish a Community Preservation Committee By-
law to read as printed in the warrant.
Motion: To support
(Wills-Amoruso) 3-2 Robinson and Donovan opposed Passes
Motion: To table Articles 35-39 until next week when the Planning Board will be
presenting their recommendation.
(Amoruso-Robinson) 5-0 Passes
Articles 35 through 39 were tabled until next week, when the Planning Board's
report and recommendation will be prsented.
Article 35 - Motion
Move the Town vote to amend the Zoning By-Law to the extent necessary to
amend Section 4.4.4.9 Entrance/Exit Drive Widths to read as printed in the
warrant.
r
Board of Selectmen Minutes of April 11, 2001
14
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Move the Town vote to amend the Zoning By-Law to the extent necessary to
amend Section 4.3.5 Modification by Special Permit to read as printed in the
warrant.
Article 37 - Motion
Move the Town vote to amend the Zoning By-Law to the extent necessary to
amend Section 4.3.11 Design for Pedestrian Circulation, Paragraph A to read as
printed in the warrant.
Article 38 - Motion
Move the Town vote to amend the Zoning By-Law to the extent necessary to
amend Section 3.6.7, Wireless Communication Facility; the Schedule of Principal
Use Regulations, Section 3.6.7, Wireless Communication Facility; to add a new
Paragraph 3.6.7.2.2; and to add Section 3.6.7B, Interior Wireless Communication
r Facility to the Schedule of Principal Use Regulations, to read as printed in the
warrant.
Article 39 - Motion
Move the Town vote to amend the Zoning By-Law to the extent necessary to
amend 3.4 Classification of Governmental, Institutional and Public Uses, Paragraph
3.4.9 to read as printed in the warrant.
Article 40 - Motion
Move the Town vote to raise and appropriate, borrow or transfer from
available funds the sum of $100,000 to construct a sidewalk on the south side of
Pratt Street from Hope Street to the East Street fork.
A memorandum from Town Engineer John Sullivan was read. Selectman Amoruso
also spoke of the notification received by the Light Department regarding the
expense to move the telephone poles. He noted it would safer for children to cross
where there is signalization. The consensus was we do not have a handle on the cost
of the project. Town Manager D'Agostino noted the Assessors will be releasing
funds from the Overlay Account in the Fall, with which we could possibly fund the
r project if it's the desire of the Board. Selectman Amoruso noted there are other
areas of town that are more in need of sidewalks and in this area, at least half the
Board of Selectmen Minutes of April 11, 2001
15
r residents were opposed to the additional sidewalk. Clerk WH/s stated his concern
about chi/dren darting across the street at unexpected points with sidewalks on
both sides. Town Manager D'Agostino brought a memo to the Board's attention
containing a breakdown of Chapter 90 money anticipated Were spending
$328,390 on bridge projects; $270,000 on Judy's Lane, Fisher Lane, Geneva Street
and Bellview Drive; $52,782 for the completion of Fruit Street. There are other
sidewalks scheduled for construction with Chapter 90 funds. He suggested the
article could be revisited in the Fall. Chairman McCarter noted he cannot support it
the way it's written because it would trigger an override.
Motion: To support
(Donovan-no second)
Motion: Recommend to Town Meeting that it be tabled to the Fall Special Town
Meeting
(Amoruso-no second)
Motion : To oppose
(Amoruso-Wills) 4-1 with Selectman Donovan opposed Passes
Motion:
Article 41 - Motion
r Move the Town vote to accept Millstone Court within the Millfarm Estates
subdivision and related drainage, water and utility easements as shown on "As-built
plan of Millstone Court" by Hutchins Trowbridge Associates, Inc., dated January
15, 2000, as a public way and to authorize the Board of Selectmen to acquire by
gift, purchase, or eminent domain an interest in land as may be necessary or
appropriate to create such public way. Said roadway and related easements are
more specifically described as printed in the warrant.
Motion: To support acceptance of Millstone Court
(Amoruso-Donovan) 5-0 Passes
Article 42 - Motion
Move the Town vote to accept Mill Farm Drive within the Millfarm Estates
subdivision and related drainage, water and utility easements as shown on "As-built
plan of Millstone Court" by Hutchins Trowbridge Associates, Inc., dated January
15, 2000, as a public way and to authorize the Board of Selectmen to acquire by
gift, purchase, or eminent domain an interest in land as may be necessary or
appropriate to create such public way. Said roadway and related easements are
more specifically described as printed in the warrant.
Motion: To support
r (Amoruoso-Donovan) 5-0 Passes
Board of Selectmen Minutes of April 11, 2001
16
r Article 43 - Motion
Move the Town vote to accept Deer Path Circle within the Treetops subdivision and
related drainage, water and utility easements as shown on the" As-Built Plan of
Deer Path Circle Station 0+0 to 2+63.50", by RIM Engineering, dated November 11,
1997, as a public way and to authorize the Board of Selectmen to acquire by gift,
purchase, or eminent domain an interest in land as may be necessary or appropriate
to create such public way. Said roadway and related easements are more
specifically described as printed in the warrant.
Motion: To accept recommendation of staff and not support
(Amoruso-Wills) 5-0 Passes
Article 44 - Motion
Move the Town vote to accept Euginia Drive within Donald Estates subdivision and
related drainage, water and utility easements as shown on the "As-Built Plan of
Euginia Drive Station" by RIM Engineering, as a public way and to authorize the
Board of Selectmen to acquire by gift, purchase, or eminent domain an interest in
land as may be necessary or appropriate to create such public way. Said roadway
and related easements are more specifically described as printed in the warrant.
r Motion: To accept recommendation of staff and not support
(Amoruso-Wills) 5-0 Passes
Article 45 - Motion
Move the Town vote to accept Cobbler Road within Cobbler's Corner subdivision and
related drainage, water and utility easements as shown on the "As-Built Plan of
Cobbler Road Station 0+0 to 19.08" by RIM Engineering, dated January 19, 2001, as
a public way and to authorize the Board of Selectmen to acquire by gift, purchase,
or eminent domain an interest in land as may be necessary or appropriate to create
such public way. Said roadway and related easements are more specifically
described as printed in the warrant.
Motion: To table until Town Meeting to see if all punch list items have been
completed
(Amoruso-Wills) 5-0 Passes
Articles 46 through 49 were tabled until next week, at which time the Planning
Board will present their report and recommendation on zoning articles.
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Board of Selectmen Minutes of April 11, 2001
17
r Article 46 - Motion
Move the Town vote to approve changes to the Mansfield Zoning By-Law by
adding a new Section 1.5.49, defining "Limited Access Street/Highway" to read as
printed in the warrant.
Article 47 - Motion
Move the Town vote to amend the Town's Zoning By-Laws, Section 3.5.16,
Auto Service Station, to read as printed in the warrant.
Article 48 - Motion
Move the Town vote to amend the Town's Zoning By-Laws under 3.0 Principal
Regulations, 3.5 Business Uses, to amend Section 3.5.16, Auto Service Station, to
add this use as an allowable use in the Business 3 District by Special Permit, as
printed in the warrant.
Article 49 - Motion
r Move the Town vote to amend the Town's Zoning By-Laws, Schedule 4.2.2,
"Density and Dimensional Regulations, Business and Industrial Districts." In the I-1
district under the minimum open space ('0) percentage is currently at 35'0 and to
change to 30'}'0.
Article 50 - Motion
Move the Town vote to allow for the discontinuance of a public way, namely
Paine Road; and
Move the Town vote to sell the Town of Mansfield's interest in Paine Road.
Motion: To oppose the article
(Wills-Amoruso) 5-0 Passes
Article 51 - Motion
Move the Town vote to authorize the Board of Selectmen to abandon and
convey all its rights, title and interest to the said petitioners that portion of land
located at 180 Otis Street and as shown on a plan entitled "Otis Street
Abandonment Plan" prepared by Hutchins & Trowbridge, dated January 17, 2001.
,,- Motion: To table until Town Meeting
(Robinson-Amoruso) 5-0 Passes
Board of Selectmen Minutes of April 11, 2001
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Article 52 - Motion
Move the Town vote to amend the Town's Zoning By-Laws to change the
existing zoning of R-l to the proposed zoning of R-2 for the parcels located on the
easterly side of Branch Street, identified by Assessors Map/Parcel as printed in
the warrant.
..---
/
Developer Paul Folkman spoke on the proposed project, showing a plan of the
development and the locus. He stated the reason for the zoning change is because
they would like to develop an age 55 and over community, which are only allowed in
the R-2 district. Architect Doug Annino was hired to draw the plan of the units,
designed for 1-2 individuals to live in. They are low-profile units of attached ranch-
style design. They've received a tremendous positive response from the community
following initial publicity; however, there was a petition signed by 43 people in the
area that was presented to the Planning Board last week. Mr. Folkman said they are
confident that the issues raised can be worked out during the Special Permit phase
of the project. The entrance is on Branch Street, past Baybrook Farm. The roads
will be private and the development will not add any children to the school system.
The use-by-right would be seven to eight single-family houses. This development
will operate as a condominium, with fee-simple ownership of the units.
Motions for Special Town Meeting
April 25, 2001
Article 1 - Motion
Move the Town vote to appropriate the following amounts from Overlay
Reserve to offset budget shortfalls in the Fiscal Year 2001.
To
Employee Benefits Life Insurance
Selectmen Legal
Selectmen Cable License Renewal
Selectmen Specialized Services
Town Manager Legal
Highway Division Expenses
DPW Administrative Expenses
Charter Schoo I Assessment
Amount
$500.00
11,200.00
740.25
12,850.00
30,000.00
10,000.00
5,000.00
3.000.00
$73,290.25
r Motion: To support
(Wills-Robinson) 4-1 with Chairman McCarter opposed Passes
Board of Selectmen Minutes of April 11, 2001
19
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Article 2 - Motion
Move the Town vote to appropriate from Overlay Reserve the sum of
$231.64 to pay the following unpaid prior year's bills:
Department
DPW /Highway
DPW /Water
Police
Vendor
Sun Chronicle
Unifirst
Occupational Health Service
Amount
$138.80
32.84
60.00
$231.64
Motion : To approve
(Amoruso-Wills) 5-0 Passes
Article 3 - Motion
Move the Town vote to appropriate from Overlay Reserve the sum of
$35,000 for additional Medicaid Tax for Fiscal Year 2001.
Motion: To support
(Amoruso-Donovan) 5-0 Passes
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Article 4 - Motion
Move the Town vote to appropriate from Overlay Reserve the sum of
$14,000 to Police Department Personal Services for the purpose of firearms
conversion training.
Motion: To table until we get more information from the Chief
(Amoruso-Robinson) 5-0 Passes
Article 5 - Motion
Move the Town vote to appropriate from Overlay Reserve the sum of
$2,830.28 to the Building Department/Inspectors Salary to pay for inspections at
the Tweeter Center for the Performing Arts for the remaining Fiscal Year 2001.
Motion: To support
(Amoruso-Donovan) 5-0 Passes
Article 6 - Motion
Move the Town vote to transfer $3,000 from the expense portion of the
r Water Enterprise budget to the Personal Services portion of the Water Enterprise
budget.
Board of Selectmen Minutes of April 11, 2001
20
r Motion: To support
(Donovan-Wills) 4-1 with Selectman Robinson opposed Passes
Article 7 - Motion
Move the Town vote to appropriate from Overlay Reserve the sum of
$175,000 to the Winter Maintenance budget.
Motion: To support
(Donovan-Wills) 5-0 Passes
Article 8 - Motion
Move the Town vote to appropriate from Overlay Reserve the sum of
$14,838.23 for engineering services for remediation work associated with the
former Hercules Landfill for the remaining Fiscal Year 2001.
Motion: To support
(Donovan-Amoruso) 5-0 Passes
Article 9 - Motion
r Move the Town vote to transfer $75,000 from the Canoe River Sewer
project, available due to savings from the Town's installation of the sewer pump
station, to the Engineering Department's Capital Improvement Project for the
reduction of Inflow and Infiltration in the Town's sewer system.
Motion: To support
(Robinson-Amoruso) 5-0 Passes
A five minute recess was called to address inappropriate behavior exhibited by an
individual in the audience.
Article 10 - Motion
Move the Town vote to transfer from the Compost Facility Capital Account,
available due to savings in the Town's construction of the Compost Facility, the sum
of $180,000 for upgrading Wastewater Treatment Plant Controls.
Motion: To support
(Donovan-Wills) 5-0 Passes
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Board of Selectmen Minutes of April 11, 2001
21
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Article 11 - Motion
Move the Town vote to appropriate from Overlay Reserve the sum of
$53,000 to fund the reinstatement of two (2) school buses to meet increased
student participation.
No position taken
Article 12 - Motion
Move the Town vote to authorize the Town Manager to enter into a ten-year
lease agreement between the Town of Mansfield and the YMCA for the use of the
John Berry School located on Balcom Street in the Town of Mansfield.
Motion: To support
(Wills-Donovan) 5-0 Passes
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The Town Manager reported on the following:
· Informed the Board that we now have a balanced budget going into Town
Meeting. We've cut $89,600 from the CIP School request; $69,603 from the
Town's CIP requests; and $25,000 for another project. We anticipate that we
have expenses that will meet our revenue and the reduction from our targeted
goal, the Town is below the 5-year projection by $346,879.13 And the School by
$90,393. Additional revenue is anticipated, but not guaranteed. The Overlay
was reduced from $600,000 to $400,000. He reviewed the cuts that were
made today to reach a balanced budget.
Selectman Amoruso noted having a conversation with the Fire Chief in which he
asked the effect on overtime of adding one firefighter-taking away from
overtime and replacing with one full-time firefighter. He spoke in support of
hiring the two firefighters and the outreach worker for the elderly.
· He would like to schedule a presentation on the draft Master Plant feasibility
study on a municipal complex. He recommended doing the project in phases if
we do implement the plan. Wi/I be scheduled after Town Meeting.
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· Jack Beliveau will be Acting Town Manager during his vacation.
Board of Selectmen Minutes of April 11, 2001
22
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· Selectman Donovan asked about a vacant house where children are playing on
Coral Street
None
Motion: To adjourn at 10:25 p.m.
(Donovan-Robinson) 5-0 Passes
t; J¡~ )0 j
Dat~ of Ápproval
Board of Selectmen Minutes of April 11. 2001
23