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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 ,,- ( 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 r · 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 r · 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 r 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 r 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 ..--- 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 r (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 r Board of Selectmen Minutes of April 11, 2001 12 r 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 (' 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. r 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 18 r I 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 r 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 r 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 r Board of Selectmen Minutes of April 11, 2001 21 · r 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 r 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. .r · Jack Beliveau will be Acting Town Manager during his vacation. Board of Selectmen Minutes of April 11, 2001 22 r r r .. · 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