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HomeMy WebLinkAboutmin brd of selectmen 11/03/04 ~ Board of Selectmen Meeting Minutes November 3, 2004 FICE I c:: pJ In: ? 6 1 V 11,1 '-., ~"" h ; LD Present: Chairman Steven W. MacCaffrie; Vice Chairman Roger S. Aälìfà~êl~flUSETTS Bernard J. Dolan; Selectman Louis P. Amoruso; Selectman Michael McCue and Town Manager John O. D' Agostino The meeting was called to order at 7:35 p.m. - · Warrant No. 19 in the amount of$2,754,457.18 Motion: To approve and sign (Achille/Amoruso) 5-0 Passes · Minutes of October 27, 2004 Motion: To approve with amendments. (Amoruso/Achille) 5-0 Passes · V ote on Traffic Control Agreement / Route 106 (Hope Street to Flint Farm) Motion: To have the Chairman sign the agreement. (Achille/Dolan) 5-0 Passes · Vote to accept gift of $6, 120.00 from WS Development for peer review traffic study at Fairfield Green. This will go into the 'gift account' for this specific purpose. Motion: To accept the gift from the developer for the peer review traffic study. (McCue/Achille) 5-0 Passes - · Parade Permit for Veteran's Day (November 11th from 10 a.m. to Noon) submitted by John Hogan, Veterans Agent. Police Chief and Fire Chief have both approved. Motion: To approve and grant the parade application. (Amoruso/McCue) 5-0 Passes Chairman will be marching as will Selectman McCue. - . Memo from DOR announcing Underground Storage Tank Petroleum Product Cleanup Fund Administrative Review Board. They are accepting municipal grant applications for FY 05. John D'Agostino said all of out tanks have been cleaned up and Chairman MacCaffrie noted including one found partially near the Clemmey/MBTA property, which was removed by Foundry LLC at no cost to the Town. Board of Selectmen Minutes of November 3, 2004 1 · Petition from Residents of Potash Road requesting that 'Children - Go Slow' signs be erected after the accident in~olving a young child. Selectman Dolan has no problem with signs at both ends and to send the petition to Ptl. Lawsonfor his opinion. He had spoken to the Police Department, and was told even if the signs had been up; the accident would still have happened The child was wearing a helme. Tthe Chief has drafted an Article for Town Meeting to make powered scooters and the like illegal. Motion: To start the process of installing the signs as both ends of the street and to determine if a handicapped child sign is also necessary. (Achille/McCue) 5-0 Passes · Announcement of a statewide conference by Urban Rivers and Their Neighborhoods (funded by the Mass Environmental Trust) for Saturday, November 20, 2004 in Fall River. · Letter dated October 21 st from DOR certifying the amount of unencumbered excess and deficiency funds/surplus revenue available July 1, 2004 for the Southeast Regional Voc-Tech School is $175,682. · Memo from Lee Azinheira , DPW Director, reporting on the SRPEDD Meeting on October 27th. He attended as the representative of the Board of Selectmen. Athough it was not a formal meeting due to lack of a quorum, a presentation was made regarding "Organizing Local Agriculture Commissions". · Letter from Mansfield Police Chief about the election day. Chairman MacCaffrie noted a letter ought to be sent to the School Department requesting that school be closed for the next national election due to traffic concerns. John D'Agostino noted his approach was to send letter to Supt. to talk about it. Selectman Dolan said it was a "mess" and it was lucky no one got killed There was a lot of confusion with major traffic jams. Selectman Achille noted on the positive side he had spoken with the Town Clerk: 10,800 voted (84%) and the voters moved through well with good signs and the assisting student volunteers. It was her initiative and it worked well. Motion: To send thank you letters to students and their faculty advisers. (Achille/Amoruso) 5-0 Passes · Announcement of SRPEDD Joint Transportation Planning Group meeting on Wednesday, November 10th at 2 p.m. · Notification of Certification from DOR : All real property has been classified according to its use as of January 1st as required by Chapter 59, Sec. 2A(b), and A majority of the assessors have been qualified to classify property by attendance at the required workshop. Board of Selectmen Minutes of November 3,2004 2 · Letter from John Sullivan, Town Engineer, to Joe Courtemache regarding the sump pump issue. ··;!_r ..............;"..... .. " .¡~,:,'*K; ;:¡~,,:"~,':~::,"M, Selectman Dolan read the public hearing notice from the Sun Chronicle (10/20 & 10/27) Mike Eagan, John McNair and Ed O'Neil presented financial information/comparisons. The yearly revaluation is completed; there is a 15% per year increase with compounded results being a 50% increase on some homes. $16.01 was last year's rate. Proposition 2 ~ is $11.77. The Selectmen discussed the pros and cons of both classifications and the information provided. Mike Eagan stated the single rate provides fair share; dividing between residential and commercial. It was noted by all that this increase is very serious for older folks who may be taxed right out and younger families as well. Selectman Achille asked about businesses paying more? Selectman McCue spoke on Mansfield being the best deal and to stay competitive; he also said Franklin area is even better at bringing in commercial/industrial. All agreed we cannot reach a point that we are taxing people out of home ownership. Motion: To hold the initiation of the 8:30 p.m. Verizon Public Hearing until the conclusion of this one. (Amoruso/Achille) 5-0 Passes. John D'Agostino noted Mansfield is in the same economic target (ETA) so we are competing with others. McNair said 'no one is beating down the doors to come here'. Selectman Achille noted each year will be a different. Selectman McCue is going to stay with the single rate but if it keeps going up, he will change his mind. Selectman Dolan was told that no one has a lower rate, but the businesses did not grow as much i.e. more of the burden goes from commercial to residential each year. Mr. Eagan noted next year Gov. Romney will require the increase to be 15% each year. Selectman Dolan's biggest concern is if we split it, we do not want hurt the little 'Mom & Pop' businesses. The Chairman had some discussions with some businesses. Jav Barrows asked to speak about the effect on businesses. Mr. Barrows - 370 Pratt St., noted it is not an easy answer and he appreciates the Assessors' work; the residentials have add-ons with record building permits; the industrial contributes 20% with no school kids, no police and fire calls, the industry is subsidizing the residential. He further stated this community relies on the banks, industrial, YMCA, school programs to subsidize programs for community children. Also, there are other costs built into the businesses (health care, unemployment, TIF) and we need to keep businesses here. It will impact the residential taxpayer - but $100 to the homeowner, although not much, will impact the programs. John D'Agostino asked if we can increase the senior tax-write-offprogram as there is a list of seniors - $27 for work-off. Barrows said we are not talking about reducing the cost of government as it should self correct and let it ride. Ed Tarturfo, real estate businessman, noted whatever is decided, he hopes the Board takes time to consider and not rush to judgement and will take the time to consider all the information. He feels Mr. McNair is the minority opinion. He is in favor of taxes being equitable. Leonard Flvnn. spoke on the SRPEDD study that canvassed 100's of businesses throughout the region: most important were Board of Selectmen Minutes of November 3, 2004 3 transportation, public services and utilities and fixed income residents cannot take on the increase; they are leaving Mansfield to go south to live cheaper and then the house gets sold and more children move into the hOl11e, with education costs, etc. He thinks the single rate is inequitable. All speakers were thanked for their time and effort. Motion: To close the Public Hearing (Amoruso/McCue) 5-0 Passes. Selectman Dolan read the Public Hearing announcement that was published in the Sun Chronicle on Wednesday, October 20,2004. All abutters appropriately notified and certified mail receipts have been received. Paul Schneider, Manager, Right of Way, was present and explained that Pole #9S which is across the street now needs support as a tree was removed. The memo from Lee Azinheira, DPW Director, supplied a memo that at a utility review meeting on September 16, 2004, approval was recommended. Gary D' Ambra, Light Department, relayed a positive recommendation from his Department. The Chairman asked about any wetlands or approval from the Conservation Commission and was told none was ever needed by any municipal light company. Motion: To approve the placement of a new pole on Stearns Avenue on the westerly sideline, approximately 1210 feet north of the intersection of Bonney Lane, place a new Stub Pole No. 9S, with the approval of the Conservation Commission, if necessary. (Amoruso/McCue) 5-0 Passes Motion: To re-open the Tax Classification Public Hearing Amoruso/Achille) 5-0 Passes The Chairman passed the gavel to Selectman Amoruso. Motion: To support the single level tax rate at $11.77. (McCue/Achille) The Chairman said as we are further behind with getting the taxes out, he would amend the motion to split the rate by 15%. Selectman Dolan seconded this motion for discussion purposes as he agrees with Selectman McCue and Selectman Achille and will vote for the single rate as the businesses cannot absorb more. Vote on amendment: Amoruso - nay; Dolan - nay; Achille - nay; McCue - aye and Chairman MacCaffrie voted in favor. Motion on Amendment Fails (4-1) . Board of Selectmen Minutes of November 3, 2004 4 V ote on original motion to support the level rate: Amoruso - aye; Dolan - aye; Achille - aye; McCue - aye and Chairman MacCaffrie - nay. Motion passes (4-1) Chief O'Neill spoke to the Board about the new system (Child is Missing) the Police Department will be purchasing from a Florida company to help locate residents 18 years or younger (not known runaways) and anyone physically or mentally challenged, or with Alzheimers. Another system would be very expensive ($35K with an $8K annual maintenance fee) but this one will be funded by grants and donations and will cost the town nothing - it is in effect now. It is our own alert system that can generate 1000 calls per minute, but if a situation gets more serious, the Amber system can be coordinated and those resources will be implemented if need be. Satellite imagery is available. Notice has not gone out to the public yet but there will be a press release shortly. The system will enhance what is available and focus on the known location of the missing person so resources will be specifically targeted. The Chairman thinks this program will be outstanding; it will fill the gap and take care of others groups of people that he had been concerned about. Selectman Achille said it sounds great and Selectman Amoruso noted it could help in a situation like the one in !forton, in the spring. -"'. ' ~h'"ê?; . : --,' ;t- ~ -- 0: Recreation Committee: Presenting: Dave Leary, Chairman; Charlotte Faulkner, Clerk and Lynn McDonald, Member. Memorial Park: Over the past six months they have focused on the Skate Park, which was finished three weeks ago. Jay Barrows raised over $53K in donations from private contributors. It will be closed in three weeks, to reopen in March of next year. Chairman MacCaffrie asked about when it is closed and there is no snow? It will be monitored by additional police patrols but there are no lights, so it cannot be used by children. Selectman Dolan asked about the insurance issue and John D'Agostino said if we are not charging afee and there is supervision (town meeting voted this) and also children must use it properly with knee pads and helmets - they can borrow these. Chairman said the young gentlemen who had petitioned the Board assured it would not be abused and he thought they would have to be kept to their word? It was asked if the Recreation Department can monitor it between 3 :30 - 5 :00 p.m. : perhaps just one person to open and close the gate. Mr. Leary does not want to make the commitment as they don't have the manpower to monitor it thenselves. Selectman Achille noted the playground jungle gym is always open and what is the difference? John D'Agostino explained that the Town has liability insurance but if someone breaks in, the Town has no responsibility under the policy. Basketball Fields - They have received complaints about field conditions. Pop Warner gave a $5K donation to repair fields. The High School uses them as well and Selectman Dolan asked if the school uses it why would they not contribute to the upkeep, since the artificial field is owned by the school. John D'Agostino explained that the schools have scheduling jurisdiction over the property. Hutchason Field - offRte 106. Wet spots were noticed by Library and the DPW notified. Board of Selectmen Minutes of November 3,2004 5 Mark Cook, DPW, will be asked to consider perforated pipe to drain the area. The High School gets first choice on scheduling; then youth programs; then Mansfield adults and then outside people. Also, they have received complaints about Hutchason Field being hard to find, so Mr. Leary wants to put signs in tennis courts (not on Rte 106). P lvmouth St - Mansfield Youth Soccer Ass' n contacted us four years ago about surface water on field Number 1. DPW attempted to reduce the water by installing water shafts. This helped but with heavy rain surface water continued causing the cancellation of games. Over the past two years Bruce Fallows (President of MYSA) has had those fields aerated and peppered with sand. The area of surface water has decreased and this appears to improve field conditions. DPW and MYSA are working to completely resolve this issue. We still have 14 acres of undeveloped land at Plymouth. Trees have been cut down and stumps have been removed. Mike Ahern (DPW) is having all reclaimed sand sent up there for the base. Estimated cost to complete those fields two years ago was $200,000. John D'Agostino noted today's cost would be $300,000. MYSA is considering a third donation towards completion of those multi- purpose fields. Regarding the dust problem which needs to be eliminated or reduced, the DPW has put reclaimed material in there along with crushed stone. Rails to Trails - Dedication was held in May. One can walk from the airport to East St. A Monument dedicated to the WWII veterans was designed! donated by Lt. Colonel Lester McGoldrick. The project took 15 years to complete and is being used all the time. People are obeying signs and no motorized scooter/bikes using it. Seniors NiJ!ht -Lynne McDonald's idea of selling Duck Race T-shirts for youth scholarship (7$ of the $10 cost (adult size) is donated. Over $600 worth have been sold. They are available at the Recreation Department and other outlets in Town There are currently no special plans as the Department has no funds. The Summer Camp does generate income which will be used to finish off Plymouth Street facilities. Selectman Amoruso questioned whether the Army Corp of Engineers could assist and if was thought to be a good idea to contact them to check the status Chairman MacCaffrie mentioned some funds are being set aside for recreational purposes from Bristol County Association. The Committee was thanked by all for their report. _. Chapter 40B Issue: Lynn DeCorpo, 879 West St., had a real question on the appeal process; the Conservation Commission issue about the stream on Hodges Brook - is it an intermittent or perennial stream? Ms. DeCorpo noted the Economic Impact study was not even used by the developer. A mitigation package put forth by neighbors but was never used or even considered. She further stated this project is on wetlands and does not leave any open space. Chairman replied that we do not have standing only that we disagree - the DCHD plus MCHD - any conservation issue. The Public Hearing were held by Board of Selectmen Minutes of November 3, 2004 6 the Zoning Board of Appeals; due diligence is not a point of challenge; perhaps by the abutters but not by the Board of Selectmen. Lenny Flynn informed the Selectmen that he had attended all of the Fairfield hearings and a number of issues were raised but were given the' short shrift'. The Conservation Commission wetlands hearings were held during the summer and had little attendance as everyone thought they were just regular wetlands delineation hearings. The NRT was not identified (even thou they share a one-mile shared border). State information is not correct in initial application; it would have raised a different degree of questions by state agencies. His feeling was that the Zoning Board of Appeals was not in favor but were intimated by the lawyers and of going to Housing Appeals. Mansfield does not need this project; we are up to 7.4% plus the new ones, excluding them. Other towns have taken the appeals to Superior Court and avoided the regular appeals process. He shared a bit of history: this legislation passed by one vote in Senate and was payback for busing in Boston. The NRT cannot fight this project. The Town should look into this. Real analysis should be done and the cost ratio to the Town; also the West Street sewer capacity was a concern as it had a adverse affect on the drainage system they had designed. DEP restricts the area with a canned formula, not the impact of the real area. The Board should make certain it does not cause further problems with sewerage. The Chairman had asked Town Counsel; a memo from Robert Mangiaratti states that we could have the original 200 units. Lynne asked if the Board would back an aggrieved party? Selectman McCue said the appeal has to be based on a reasonable standing - there is case law in Hingham and he has been trying to address this for awhile as he has a hard time believing we do not have standing (formed three committees) (a piece ofland for future) (we have three 40B's passed to reach the goals). He is very interested in appealing this to Superior Court. You can file an appeal and always withdraw the appeal in two or three months which would give adequate time to investigate the options. John D'Agostino noted that we have an appeal with another 40B so we cannot count it towards the required % if this goes to appeal. The Chairman stated the Town has to step up as soon as possible; even just one piece of property to build one affordable house (Habitat for Humanity). The Chairman in Norton relayed that they had spent $70K appealing the Strawberry Fields project and got nothing in return as it went through but the Court will look at if Mansfield has standing. Selectman Amoruso took gavel at this point as he cannot vote on this as he has an appeal on another 40B project. Selectman McCue motioned (based on the discussion and prior to the filing), we are initiating a lawsuit against the Zoning Board of Appeals decision on Fairfield Green under the grounds that this Town is meeting the obligations under the intent of the Law and this project could be appealed from the standpoint of the Housing Production Plan in place, to move forward with higher housing production plans -as exclusionary zoning went into effect in May, we can now use this tool. Chairman seconded with an amendment that the stipulation of $1 OK cap be assigned to the legal fees associated with the appeal. Board of Selectmen Minutes of November 3, 2004 7 Selectman Achille asked for clarification and noted the frustration that residents are experiencing. Selectman Dolan noted the sewer capacity is critical but is not a part of this project. Mr. Flynn does not agree that 3-2 vote of the Zoning Board of Appeals was a bad decision but feels they did not take into consideration certain information. John D'Agostino said an appeal will not stop the project and the density is not the issue. Selectman Dolan does not want to spend money on something that is not defensible. Ron Bockleman, 861 West St., thinks the appeal can still stop the project based on what has been discussed tonight. John D'Agostino said we can pursue it but it will be a tremendous burden on town finances and also that during the appeal process, the project cannot be counted towards the Town's quota. Discussion ensued that involved whether or not there are grounds to appeal, etc. Lou Andrews commented that with Great Waves, the appeal was withdrawn after it was filed. The NRT Board of Directors has not voted on this or if it is willing to support this appeal. The NR T needs to take a vote on this, but he felt the NR T will not help on this issue. Motion: To appeal the Zoning Board of Appeals decision on Fairfield Green comprehensive permit. (McCue/MacCaffrie) 3 -1 - 1 abstain (Selectman Amoruso) Passes - John D'Agostino spoke on the three Veteran's wreaths. Veteran's Day Holiday - the Town Hall will be closed and on Friday, 11/12, the Town Hall will also have be closed (as a ~ day will be owed to staff as a floating holiday) due to collective bargaining issues and language in the union contract. He will be meeting with Mass Highway Commissioner Cogliano on Wednesday, November 17th at 11 a.m. in Boston as part of a delegation. It regards access from Rte. 140 to the project itself and the opportunity ($250K) to do southbound ramp. School St access is important as we had indicated we would commit to this for the Golden Triangle. Thanksgiving Dinner will be served to Mansfield seniors who are alone. Willy Sarro (Fresh Catch) will be paying/cooking and John D'Agostino will also serve. The date is November 24th at 11 :30 a.m. at the Senior Center. John D'Agostino rec'd email from Jim Purcell regarding the November 18th meeting with Norton. They want Foxboro to be present as well. The agenda includes topics of mutual interest; the release of $250K transportation bond fro the design for the Rte 140/495 slip ramp; a review of TCP event ; Tweeter Center traffic coordination; acquisition and preservation of Mass Highway prooerties in Canoe River aquifer and sewer issues. John D'Agostino noted they could ask Masss Highway when they meet with them in Boston. It was felt that Rep. Poirier and Sen. Timilty could assist. Jim Purcell will do research. Board of Selectmen Minutes of November 3, 2004 8 Traffic at Phish concert: It was backed up into Norton; they intend to get advance notice to Mansfield Police Department and surrounding towns. Chairman noted they knew about Phish concert coming and should not have issued work permits on Rte 140/123 for road construction. John D'Agostino noted the Town would also like to purchase land along Canoe River. Chairman: Where is the hiring process on the Assessor position? John D'Agostino replied that two candidates have been interviewed and references are being checked. It is not fair to bring someone in at this time as tax bills have not yet gone out. Selectman Achille: None Selectman Dolan: None Selectman Amoruso: Needs lights at curve on Forbes Blvd. As lights are getting progressively out on Forbes Blvd. John D'Agostino will ask the Light Department. To look into it. Selectman McCue: None Selectman Dolan: School Street Bridge needs signs to warn of dangerous intersection ahead. It is scheduled to open the end of November, but needs warning signs. Motion: To ask DPW to put up signs before the bridge. (Dolan! Amoruso) 5-0 Passes Adjournment Motion: To adjourn at 10:50 p.m. (Amoruso) 5-0 Passes ,._~~DJM- L.----Signature of CI J ),~) I .-¡ Lf Date of Approval Board of Selectmen Minutes of November 3, 2004 9