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HomeMy WebLinkAboutmin brd of selectmen 12/08/04 i>·i" .' ['" - - ¡ - \ ,- IC - £~~~@w~~ a q~ '3 b Board of Selectmen OLl \}¿c 2. Meeting Minutes v ¡ \C~S) 1 S December 8, 2004 " (; c, ~....C\"\,t\~)t."\ Present: èh\u\man Steven W. MacCaffrie; Clerk Bernard J. Dolan; Selectman Louis P. Amoruso; Selectman Michael McCue; Town Manager John O. D' Agostino 1. The meeting was called to order at 7:45 p.m. by Chairman MacCaffrie. I 2. Senator Jo Ann Sprague Proclamation I Mr. MacCaffrie introduced Senator Sprague and thanked her for her service to the Town of Mansfield. He read a proclamation and presented it to Senator Sprague. Mrs. Sprague thanked the board, as well as the residents of Mansfield, for choosing her to represent them in the state Senate. Mr. McCue thanked Mrs. Sprague for her assistance during his political career and for her assistance to the Town of Mansfield. Mr. MacCaffrie introduced Representative Mike Coppola, who will continue to represent Mansfield. Mr. MacCaffrie said Mansfield is very lucky to have representatives who support the town's efforts. Mrs. Sprague introduced Garth Patterson from Congressman Barney Frank's office. Mr. Patterson said he has had a wonderful working relationship with all of Mansfield's representatives. He said Mrs. Sprague has had a long and successful public service career and expressed Mr. Frank's appreciation. Mr. MacCaffrie introduced Representative Betty Poirier, who wished Mrs. Sprague all the best and expressed her appreciation for her service to the state. Mr. McCue said he has spoken with Representative Kafka, who was unable to attend this evening's meeting. Mr. McCue passed along Mr. Kafka's thanks to Mrs. Sprague. Mr. MacCaffrie said at last week's meeting, Mr. Dentino had asked if the town has the right to legal defense in civil rights claims. Mr. MacCaffrie said there has been a town meeting vote indemnifying certain town employees, and said counsel has been employed counsel to defend the board and Town Manager regarding the issue currently in court. I 4. Weekly Business . Warrant No. 24 in the amount of$I,155,118.80 Motion: To approve. (Amoruso-Dolan) 4-0 Passes . Minutes of December 1, 2004 Motion: To approve. (Amoruso-McCue) 4-0 Passes Board of Selectmen Minutes of December 8, 2004 1 · Correspondence 1. Memo ftom Beverly Estes-Smargiassi, Community Development Staff, dated December 2nd requesting the Board of Selectmen approve a home equity loan in the amount of $40,000. (Sample letter attached for Chairman's signature) Motion: To support the request and sign the letter (Dolan-Amoruso) 4-0 Passes 3. Chris Rappold, Personal Best Karate Recognition for Thanksgiving Baskets to Needy Families Mr. MacCaffrie introduced Mr. Rappold and explained the students and staff of Personal Best have been raising money all year and put together over 1,100 baskets of food and provisions for the needy at Thanksgiving. Mr. Rappold explained he has always been involved in service organizations and believes it is something children should learn from a young age. He said he appreciated the Board of Selectmen recognizing the work his students have done because that will encourage them to continue to work to help others. Mr. McCue said he attended the gathering and was very impressed with the enthusiasm of the students and their parents. He thanked Mr. Rappold for the work he does. Mr. Rappold introduced and thanked the Gallagher family and Amy Proctor, who served as the program coordinators. He said there are many organizations in town doing good work and thanked the board for recognizing that. Mr. MacCaffrie asked Mr. Rappold to express the board's thanks to everyone who participated. I Correspondence continued 2. Letter from Massachusetts Department of Revenue, dated November 24th stating the fiscal year 2005 tax rate has been reviewed and approved by the Bureau of Accounts. 3. Letter from Paul Boyden, Mansfield Conservation Commission, dated November 29th addressed to John D' Agostino stating that the Conservation Commission unanimously voted to ask the assistance of the Board of Selectmen in the payment of the invoice from Peter C. Fletcher, Certified Professional Soil Scientist, at the Clemmey Site. Mr. MacCaffrie said he has found that study, which had been missing. Mr. Dolan said the request is to help with the cost of reproduction, which has already been done. Motion: To pay the bill (Dolan-Amoruso) 3-1 Passes 4. Email from Penny Conti dated December 1 st regarding the new tax rate. 5. Letter from Michael Eagan, Board of Assessors, dated December 2, 2004 resigning from the Board effective immediately. 6. Letter from Hochman & Nugent dated December 2, 2004 conveying check in the amount of$8,225.00 pursuant to the provisions of the Comprehensive Permit on Lot Board of Selectmen Minutes of December 8, 2004 2 lOA, Jake's Way, Baybrook Village. The Board needs to vote to accept this gift check into the Housing Support Fund. Mr. MacCaffrie explained that with the sale of each of the market-rate homes in the Baybrook Village 40B subdivision, the town will receive $8,225.00 to go into the affordable housing trust fund. Motion: To accept the gift of $8,225.00 and place it into a Housing Support Fund for affordable housing initiatives, to be transferred into the affordable trust fund once established. (Amorsuo-McCue) 4-0 Passes I 5. Board and Committee Interviews Municipal Building Committee William Moore, 54 Union Street, thanked the board and the town for the opportunity to serve on the MBC. Motion: To reappoint Mr. Moore to the Municipal Building Committee (Dolan-Amoruso) 4-0 Passes Airport Commission Jeff Sienna, 364 South Main Street; Carl Lambrecht, 11 Denwood Street; Robert Andrews, 511 Fruit Street. Mr. D' Agostino said there are two positions open for the three applicants; Mr. Sienna and Mr. Andrews are current members. Mr. Sienna said he has served 21 years on the commission, which is in the middle of a large improvement project. He said he would like to see the project to its completion. Mr. Lambrecht said he moved to Mansfield five years ago and he would like to become involved. He said he is a pilot and is interested in assisting at the airport. Mr. Andrews said he has been on the commission for 18 years and the airport has become almost entirely independent, requiring very little town funding. He said he would like to see the current large project though to its completion. Mr. McCue asked about projects the applicants would like to see happen at the airport. Mr. Sienna said most of their funding for capital projects comes from the federal government, with only about 3% from the town, so he believes the town has gotten good value out of the work the commission has done. Mr. Andrews said when the Quadrant 4 project is finished, the airport will see a drastic improvement. He said he would like to see the old hangars replaced in the near future. Mr. Lambrecht said he has attended Airport Commission meetings and has been impressed with the professionalism of the commission. He said he would like to get involved in the Quadrant 4 project and to maintain the airport as a vital resource for the community. Mr. McCue asked if the applicants are happy with the service the airport provides. Mr. Sienna said he is, and he does not foresee changing the level of service of the airport. He said it is a friendly airport with a good operator. Board of Selectmen Minutes of December 8, 2004 3 Mr. Andrews said the layout and size of the airport means it will remain general aviation. Mr. Lambrecht said the airport is a good size, is very open to residents, even those who do not fly and is well run. Mr. Amoruso asked the applicants' opinions about the value of the airport to the town. Mr. Sienna said it is a link in the transportation system, a recreational field and a training facility. Mr. Andrews said the airport is primarily a recreational facility, although MedFlight uses it for emergencies. Mr. Lambrecht said he believes the airport is a feature unique to Mansfield. Mr. Dolan asked if cellular towers are a problem. Mr. Sienna said their siting can be an issue, and the commission always comments to the FAA and MAC when they are proposed. Mr. Dolan asked if the airport has any control over aircraft þking off in poor weather conditions or when planes are icy. Airport Manager David Dinneen said he can close the airport if he feels it necessary, but the final decision whether or not to fly is up to the aircraft operator. He said the commission has worked on being proactive rather than reactionary, and Mansfield is seen throughout the state as having a high operating standard and as being a "classy" airport. Mr. Dolan said he appreciates the years of service Mr. Sienna and Mr. Andrews have. Mr. Dolan nominated Mr. Lambrecht; Mr. McCue nominated Mr. Andrews; Mr. MacCaffrie nominated Mr. Sienna. Motion: To appoint Mr. Lambrecht to the Airport Commission (Dolan-) 3-1 Passes Motion: To appoint Mr. Andrews to the Airport Commission (McCue- ) 4-0 Passes Motion: To appoint Mr. Sienna to the Airport Commission (MacCaffrie- ) Motion: To send Mr. Sienna a letter of appreciation for his years of service and invite him to a meeting for the presentation of a plaque (Amoruso-Dolan) 4-0 Passes Zoning Board of Appeals Eric Butler, 395 South Main Street, said he has served 20 years on the Zoning Board of Appeals. Mr. Dolan expressed his appreciation for the ZBA's work on the Chapter 40B Board of Selectmen Minutes of December 8, 2004 4 permitting. Mr. MacCaffrie said Mr. Butler has always treated applicants fairly and is always knowledgeable about the topics being discussed. He agreed that the ZBA has done a good job on the 40B permitting, which has been very difficult. Mr. McCue agreed, saying he has been disappointed with the projects brought to town, but has never been disappointed with the ZBA's performance. Motion: To reappoint Mr. Butler to the Zoning Board of Appeals (Dolan-) 4-0 Passes Library Trustees Leonard Epstein, 17 Erick Road, Unit 12, said Mansfield is very lucky to have a good library. He said a big issue for the future is space, as they try to make the library as useful as possible. He said the library has a wonderful director. Mr. McCue said he appreciates the Library Trustees' work. Mr. Amoruso said he is always able to find what he needs when he goes to the library. Mr. Dolan said he appreciates Mr. Epstein's service and appreciates the inter-library loan program. Motion: To reappoint Mr. Epstein to the Library Trustees (Dolan-) 4-0 Passes Council on Aging Frank Nilson, 15 Bungay Road, said he would likes the people he serves with and would like to continue serving the elderly. Mr. MacCaffrie thanked Mr. Nilson for his many years of service to the town, not only on the COA but also to the Fire Department and at town elections. Mr. McCue said Mr. Nilson sets an excellent example for long-time public service and thanked him for his work. Motion: To reappoint Mr. Nilson to the Council on Aging (Dolan-) 4-0 Passes There were two other applicants for the Council on Aging, Mary Butler and Donna Harrington, who were not able to attend the meeting. Motion: To reappoint Ms. Butler and Ms. Harrington to the Council on Aging. (Amoruso- ) 4-0 Passes Board of Health Nancy Wall, 31 West Street, said she enjoys serving on the Board of Health. She said the board is currently working on a tobacco program. Motion: To reappoint Ms. Wall to the Board of Health (Dolan-) 4-0 Passes Finance Committee Andres Gazzolo, 25 South Street, said he has been on the Finance Committee 12-14 years, and noted there will still be one vacant seat on that board if he is reappointed. Board of Selectmen Minutes of December 8, 2004 5 Mr. MacCaffrie said when a board member's term is up, anyone could apply for that position, and suggested that be made clearer when positions are advertised on cable. Mr. MacCaffrie said there had been discussion about Finance Committee doing a "same year audit" of the Light Department. He said it is within the Finance Committee's purview to review the Light Department budget, operations and procedures and advise the Board of Selectmen as Light Commissioners what could be done to make that department function better. Mr. MacCaffrie said one of the recommendations was to have all departments use the same accounting functions, which would allow the town to prepare overall budgets. Mr. Gazzolo said the Finance Committee had about 20 recommendations, one of which was to realign the operation into one fiscal year, so as not to have to guess what would happen in the next year. He said in the past, they felt the Light Department didn't have the review or control it needed, and was not as well managed as it could have been. He said by realigning it with the town, better controls have been put in place, there is more detail in the budget and there will be a savings. Mr. D' Agostino said he concurs with the recommendations of the Finance Committee. He said the major difference between the appropriating process with a Light Department budget versus a town budget is that the final authority is with the Light Commissioners, not Town Meeting. Mr. Amoruso said it has been very valuable to have the help of the Finance Committee. Mr. McCue said the Finance Committee is one of the boards the Selectmen look to for technical expertise. Motion: To reappoint Mr. Gazzolo to the Finance Committee (Dolan-) 4-0 Passes Mr. D' Agostino said the town is going to propose a reasonable budget and would be providing a list of priority items he would like funded to both the Selectmen and the Finance Committee. He said the budget would be submitted the first week of January. Mr. Gazzolo said he was told the town could go for a 4-5% budget, but would know better in February. Mr. MacCaffrie said they have promised the School Department a meeting to give them an idea of where the town would be before the Schools arrive at their number. Mr. D' Agostino said he has had that discussion with Mr. Moretti already, and suggested having a budget meeting with the Finance Committee, School Committee and Board of Selectmen. Mr. Gazzolo invited the board to a Finance Committee meeting; Mr. D' Agostino suggested December 14 at 7:00 p.m. and said he would contact Mr. Moretti. Mr. Gazzolo said it would help to have the priority list for that meeting. Mr. D' Agostino said he is still working on the departmental budgets, so it may not be ready. Mr. MacCaffrie said even if that list isn't ready, it would be helpful to begin budget discussions. Mr. D' Agostino said he thought the School Department's numbers would be very reasonable. [Tentative: Post joint BOS, School, Fin Com meeting for 12/14 7:00 p.m.; contact Moretti re: date] Board of Selectmen Minutes of December 8, 2004 6 Planning Board Ken Torman, 86 Rumford Avenue Motion: To reappoint Dr. Torman to the Plamring Board (McCue-) 4-0 Passes Mr. McCaffrie said he would like the Planning Board to remain aware that developments over six units must be set aside as affordable or the developer should donate to the housing trust fund. He said there are developments downtown with more than six units. Dr. Torman said he has served on town boards for 23 years and enjoys working with the Planning Board. He said there are unpopular projects, such as Mansfield Crossing, but if it is an allowed use, the Planning Board is required to work with the developer. He noted that residents who are opposed to projects are always more vocal than those who support the project. Mr. MacCaffrie agreed that as long as the plans conform to the Zoning By- Law and the board's concerns are addressed, a developer is not required to reveal the tenants; however, he said the Mansfield Crossing developer should at least be required to show footprints, elevations, and building details. Dr. Torman said the Planning Board entered a learning curve with the Erin's Centre project, which resulted in some good things and some bad. He said the board has been using what it learned during that project on the Mansfield Crossing project. He said the original plan has been revised to eliminate the backs of buildings from fronting on School Street, add the study of several intersections to the traffic study, and include emergency vehicle-specific signalization. He said if the project is permitted, he believes it will be palatable to the residents. He said the property is industrially zoned and had been for sale for several years, so it has been obvious something would be proposed there, but said he didn't want the residents to feel they have been slapped. Mr. MacCaffrie said the town has received a notice from DHCD saying Fairfield Green, LLC has appealed the ZBA's decision on their 40B project. Counsel and special counsel have been retained on behalf of the town and the ZBA. Mr. D' Agostino said both counsels would like to schedule an Executive Session with the Board of Selectmen, ZBA and staff as soon as possible. He said there will be a preliminary hearing at DHCD. [Schedule Executive Session with counsel, special counsel, ZBA 12/15 8:45 pm] 16. Town Manager's Report I Regarding the budget process, Mr. D' Agostino said he is confident the governor's budget will come out at the end of February. He anticipates that budget will be a conservative revenue document and said the revenue projections will become clearer in Mayor June. He said the 5-5.5% budget number is realistic and he believes he and Mr. Moretti will be able to arrive at that number without much trouble. Mr. D' Agostino said he has included $1.5 million for Capital Improvements in the budget, including new DPW, Police and Fire personnel. He said the five-year plan deals Board of Selectmen Minutes of December 8, 2004 7 with capital items needed based on the goals and objectives of the departments over the next 5-10 years. Mr. D' Agostino said he is evaluating a debt exclusion for infrastructure repair. He said Mass Highway is planning to repair 1,000 feet of sidewalk on South Main Street with blacktop. He said that is merely a stopgap measure and the town will not accept that portion of the roadway until it meets the town's standard, which is concrete. He said many roads in town are in need of repair, and the town has about $700,000-750,000 for repairs each year. He added that as subdivisions are built and new roads are constructed, additional staff may be necessary to keep up with maintenance. He said he plans to hold a workshop session with staff and the board to discuss the issues and establish priorities. Mr. Dolan said he has heard about residents complaining to the Assessor's office about the new tax bills and asked Mr. D' Agostino to keep an eye on that situation. He said that office's staff should not have to suffer abuse from angry residents. Mr. D' Agostino said he has told staff to refer residents to his office. Mr. D' Agostino said he would be scheduling a meeting with the Finance Committee regarding the Light Department's six-month budget. Mr. D' Agostino said he has spoken with a resident with a bullet hole in her house after a hunter shot a gun in her back yard. That resident would like a prohibition on the discharge of firearms in town. D'Agostino said the discharge of a weapon within 100 feet of a property is illegal, but said the hunter was on public land which abuts this resident's property. Mr. MacCaffrie said if a by-law is passed prohibiting hunting within the Town of Mansfield, the town's boundaries would have to be posted every few hundred along the property lines. Mr. D' Agostino said private property owners could choose to post their land or not. He noted that Sharon has a bylaw allowing the discharge of a firearm within the town with a police permit or the property owner's permission. Mr. Amoruso asked if the Police Department had investigated the matter; Mr. D' Agostino said they had, but did not know the specifics or the results. \ 17. Selectmen's OldlNew Business 1 Mr. McCue said he is the board's representative to the TIF committee. He said he would like to be removed from that committee because he now works in another municipality and would like to avoid any conflicts. Mr. Amoruso said he would like to serve on the TIP committee. Mr. Dolan and Mr. McCue said they would like to volunteer to be the board's representatives to the Capital Improvements Committee. Mr. McCue conveyed his condolences to former Selectman Brad Wills, whose mother passed away last week. Mr. Amoruso said he attended a meeting with The Cecil Group regarding the Hatheway- Patterson property. He said the consultants had three proposals, one of which is a mixed Board of Selectmen Minutes of December 8, 2004 8 residential use, and which did not receive much support from the group. The Cecil Group will be coming back with other options. Mr. D' Agostino said the extent of cleanup will be determined by what the community chooses to do with the site. Mr. MacCaffrie said regarding the Southbound 495 ramp, Norton wants to send Mass Highway a letter. Mr. Dolan said the Norton Board of Selectmen seemed to be implying Mansfield is pushing Route 140 access for Mansfield Crossing to the detriment of the 495 southbound ramp, which he said is not the case. Mr. Amoruso said there are two different projects and they should be considered separate issues, since the Mansfield Crossing access may never be needed. Mr. MacCaffrie said a southbound ramp would make surrounding properties more valuable. Mr. Amoruso said he didn't think a southbound ramp would bring new businesses, but would help the existing businesses with existing traffic issues. Mr. D' Agostino said there is funding available through Mass Highway to begin design studies but he would want to know the full cost of design before beginning any study. Mr. Dolan said there might be some developers willing to contribute to that study. Mr. MacCaffrie said he would not be at the December 15 meeting. He said he didn't understand why the DTE report has to be reviewed by an auditing firm because it is not an audit. Mr. D' Agostino said there is no law saying reporting has to be done by fiscal year or calendar year. Mr. Dolan asked about the School Street bridge. Mr. D' Agostino said he expects the bridge to be open this Friday. Mr. McCue said Mr. LeBlanc, who was interviewed for an unexpired Housing Authority term, has expressed an interest in being the board's representative to SRPEDD. He said Mr. Azinheira has been acting as the board's representative. Mr. MacCaffrie suggested asking Mr. LeBlanc to fill out an application. I 8. Adjournment Motion: To adjourn at 10:10 p.m. (Amoruso-Dolan) 4-0 Passes //~ O~ ~ature of~ (~_ J~ lhrJY Date of Approval Board of Selectmen Minutes of December 8, 2004 9