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HomeMy WebLinkAboutmin brd of selectmen 03/03/04 r Board of Selectmen Minutes of March 3, 2004 ~' \ 1 . i ¡ ~) Present: Michael W. McCue, Chairman; Steven W. MacCaffrie, Vice Chairman; Roger S. Achille, Clerk; Selectman Louis P. Amoruso. Selectman McCarter arrived at 7:40 p.m. Town Manager John o. D' Agostino The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 36 in the amount of$857,711.59 Motion: To approve (MacCaffrie-Achille) 4-0 with Selectman McCarter not present Passes · Minutes of February 25,2004 Selectmen's Meeting Motion: To approve (MacCaffrie-Amoruso) 4-0 with Selectman McCarter not present Passes r · Minutes of February 25,2004 Executive Session Motion: To approve but not release (Amoruso-MacCaffrie) 4-0 with Selectman McCarter not present Passes · Chairman McCue apologized to the DPW and especially to Betty Amicone for no members of the Board of Selectmen being present Sunday night for the Bin and Win Awards Event. He noted that in the future if nobody else will be going, he will make every attempt to do so. He also recognized her hard work in making the program successful. · Letter from Southeastern Regional Services Group requesting approval and signature of the assignment of a contract from Road Solutions to Innovative Municipal Products (U.S.) Inc. - Approved previously but not signed. Signed by Chairman McCue and forwarded to DPW Office Manager Betty Amicone to take the necessary followup action. (' Board of Selectmen Minutes of March 3, 2004 1 Chairman McCue asked Town Manager to present the goals and objectives he has ('"' established for himself. Town Manager D' Agostino stated the following: · Business retention and development in the Industrial Park, working in conjunction with the Industrial Development Commission (IDC). · Train Station Development Plans - need to look at expanded parking and whether it needs to be for Mansfield-based commuters or both Mansfield-based and regional commuters. Is concerned with turning the Downtown Business area into a regional parking facility for the Train Station. He does, however, recognize the need for increased commuter parking. He is considering establishing a parking authority. · Middle Common and North Common refurbishment. Would like to see continuity in keeping all the Town Commons kept up and themed. · Bond authorization for infrastructure repair. · Downtown refurbishment or façade grant program is important to small businesses to assist them to flourish in a tight economy. We also want to provide incentives for people to come downtown and do business. Would like to see the Planning Board develop a design standard. · A balanced budget is a necessity and a priority. Does not believe a Proposition 2 ~ override is the most prudent way to go from a financial perspective. We need to look r at Town services as the result of having to tighten our belt over the last two years. I · Would like to become credentialed nationally through International City/County Manager's Association (ICMA). Selectmen then discussed goals and objectives each of them established for the Town Manager. Selectman McCarter: Agreed with the Town Manager regarding the commuter parking Issue. Also believes we need to look at traffic issues in general and increase our police force. Selectman Amoruso: Said he agrees with all those presented. He would also like us to stay true to the affordable housing program and see us get into planning for the expansion of the wastewater treatment plant in conjunction with other area towns. In addition he believes we need to include money in the infrastructure expansion program to protect aquifers and to set up programs to do that. He also included as a goal making sure we move forward in bringing the Light Department into the rest of Town government. Selectman McCue: Noted he appreciates the Town Manager's interest in going forward with the Industrial Development Commission's (IDC) strategic plan; would like to progress with plans for Hatheway Patterson; work with area towns in getting together (' with their Selectmen and Town Managers/Administrators; strive toward a goal of 10% Board of Selectmen Minutes of March 3, 2004 2 affordable housing; and make sure we continue to discuss the creation of a f redevelopment authority. Selectman Achille: Said he agrees with many of the previous goals. In addition he would like to see us re-examine the waste collection programs we have. He believes there's an overlap with regard to the recycling aspects of the program. He asked that we view curbside collection to be sure we're getting our money's worth and be sure we're getting our money's worth with the program. He also wants to ensure we retain the household hazardous waste collection. Selectman MacCaffrie: Named the Campbell Street property acquisition for affordable assisted living and partnering up with a developer for affordable housing through the Housing Partnership, Habitat for Humanity, or any other developer who would like to make a "friendly" proposal. Additionally, he would like to see a left-hand turn signal at Route 140 and 106; agrees we have too much in the way of recyclables going into the waste stream and believes "pay to throw" or putting a cap on the number of trash containers could be instituted to encourage recycling. Industrial Finance Authorities are already chartered under the law and our Charter allows us to have one. He would like to see it re-instituted. Also cited was more cooperation between the Town Manager, Board of Selectmen and other committees. r Chairman McCue mentioned attending the Bristol County Selectmen's meeting last Thursday night with Selectmen MacCaffrie and McCarter. He invited Norton Selectmen to meet with us on April 14th and they believe it will be a good date for them. Congressman Barney Frank will also be here that night, and Congressman Frank also represents them. Selectman McCarter suggested it's time to have a meeting with the water and sewer commissioners of those towns also. Town Manager D 'Agostino noted there are pressing development issues with regard to requests for sewer extensions that need to be discussed with them. He suggested meeting with staff prior to the regional meeting and asked the Selectmen's Secretary to check for available dates. A Public Hearing was scheduled on the Special Permit Application of Mansfield Music and Arts Society Holiday Light Show proposed to be held at the Tweeter Center for the Performing Arts from November 19, 2004 through January 2, 2005 from 4:00 p.m. to 11 :00 p.m. daily. Clerk Achille read the Notice of Public Hearing as it appeared in The Sun Chronicle on February 18th and February 25th. Motion: To open the Public Hearing at 8:00 p.m. (MacCaffrie-McCarter) 5-0 Passes r The application consisted of the following exhibits: A. MMAS Historical Document B. Application for Special Permit to Board of Selectman with Addendum C. Copies of Certified Abutters Lists from the towns of Mansfield and Norton Board of Selectmen Minutes of March 3, 2004 3 (' D. Application Narrative, prepared by Ken Butler E. Technical memorandum prepared by Abend Associates Traffic & Transportation Planning Services F. Tax Payment Certification form from MMAS G. Copy of Article 45 approved by the Attorney General in September 2002 H. Copy of site plan for the Holiday Lights Spectacular I. Settlement Agreement reached with abutter Karl Clemmey, Trustee of 875 South Main Street Realty Trust The application was reviewed and approved by the following Department Heads: I. Shaun P. Burke, Planning Director 2. Police Chief Arthur M. O'Neill 3. Acting Fire Chief Robert Bellavance 4. Nicholas P. Riccio, Inspector of Buildings/Zoning Enforcement Officer 5. Richard Lewis, Conservation Agent 6. Board of Assessors Office 7. Treasurer/Collector's Office r General Manager Ken Butler and Attorney Fred Armstrong, who is also a member of MMAS, were in attendance to present the Special Permit application and a request for Seven Day Entertainment and Public Entertainment on Sundays licenses. Mr. Armstrong stated the application is the same as that which had been presented previously and was appealed by an abutter. A settlement has been reached with Mr. Clemmey and they have agreed to provide a police officer. Mr. Armstrong displayed and provided an explanation of the proposed plan. They are proposing to hold the Festival from Friday, November 19, 2004 through January 2, 2005 from 4:00 p.m. to 11 :00 p.m. The same company will be setting up the exhibits and providing the generators. Mr. Butler noted he's happy to be at this point in the process and the Society is looking forward to raising a substantial amount of money to find a permanent home in the future. The proposal started in the winter of 1999 and was first presented in 2000. Selectman Achille congratulated them on their persistence and said he is looking forward to the event being held. Selectman MacCaffrie questioned the Norton Assessors listing an abutter of "LMW, LLC dba The Tweeter Center" while the front the page of plan says "DLC doing business as the Tweeter Center." Mr. Armstrong stated DLC Corp. is the legal entity and is doing business as the Tweeter Center. The legal entity is DLC Corp. Selectman MacCaffrie pointed out that if it's not correct, someone may challenge it if it's not corrected prior to our signing it. r The comment from Conservation Commission was read: "If snow removal operations are necessary during the timeframe of the event, the snow should not be deposited in the drainage swales, so as to not block the movement of stormwater." Board of Selectmen Minutes of March 3, 2004 4 r- Public Comment was invited: Leonard Flynn, 102 Jewell Street and representing the Natural Resources Trust _ commended Ken Butler on his persistence and ability to work with the public. He noted three minor issues: Special Permit would be non-transferable and exclusive to MMAS; exclusive to a festival of lights and no other type of entertainment; special permit would be required every year so a public hearing will be held prior to each event, stating he would like to see that in writing in a legal document. He noted the Special Permit would be the controlling document and it's referenced in the Zoning By-Law. r ,,-- Peter DeTrolio, Elm Street - asked about noise, noting the original proposal included signs stating "no horns". He would like to make sure that is incorporated into the Special Permit. Barbara Rose, 9 Branch Street - believes we should give MMAS a chance. It's taken a long time to get to this point. She noted approval will comes up every year, and any problems that arise can be addressed. They do a good job and produce excellent programs for Mansfield and surrounding towns. Motion: To close the public hearing at 8:23 p.m. (Amoruso-MacCaffrie) 5-0 Passes Motion with all amendments: That the requirements of Docket #288616 Land Court Department of the Trial Court Settlement agreement be enforced; at least one police officer be assigned to the entrance of at Tweeter Entrance one-half hour before start and remain for one-half hour after the last car clears the parking lot, or any additional officers as may be deemed necessary at the discretion of the Police Chief; any additional officers as may be deemed necessary to enforce the traffic control on Route 140 and adjacent intersections for the safety of the public; end of the event a traffic count shall be submitted as to the number of cars visiting the site; snow should not be deposited in the drainage swales, so as to not block the movement of stormwater; signs will be posted about use of horns; this permit exclusive to MMAS and shall not be transferred, is exclusive to the Festival of Lights as described in the application and shown on plans; Special Permit shall be required annually; this special permit is valid only until 12:01 a.m. on January 3, 2005, and a Special Permit must be obtained each and every year in which a subsequent event is held. The Special Permit shall also include all conditions included in the Special Permit of the prior year. (MacCaffrie- Achille) Attorney Armstrong commented on the agreement for a police officer at 875 South Main Street (Clemmey property) when an event overlaps with the business operation of the Trust. The Additional provides for additional times upon reasonable notice of the Trust regarding their need to use their property. His concern is that the Special Permit document gets recorded. Bruce Montgomery, Executive Director of The Tweeter Center, stated he can understand the need to have a police officer a half hour prior to the start of the event, but questioned why there would be a need to pay an officer to stand there for Board of Selectmen Minutes of March 3, 2004 5 half an hour after the closing time. It was agreed to amend the motion to read "until half f an hour after the last car clears the parking lot." Vote on Motion including all amendments: 5-0 Passes Motion: To approve the MMAS licenses (Seven Day Entertainment and Public Entertainment on Sundays) (MacCaffrie-McCarter) 5-0 Passes Notice of a public hearing was read on the application of MDPG, Inc. doing business as Driscoll's Restaurant at 310 North Main Street for a Wine and Malt Restaurant License, Kellyann M. Driscoll, Manager. Motion: To open the public hearing at 8:41 p.m. (Amoruso-McCarter) 5-0 Passes Attorney Samuel M. Hausman was present, along with applicant Kellyann Driscoll, to present the application. (' Ms. Driscoll said they want to obtain a beer and wine restaurant in conjunction with their restaurant business. They took over the business on January 20th of this year. The previous owner had a license in the past. There is currently no alcohol on the premise. Selectman MacCaffrie noted there is an issue with the Police Chief. Attorney Hausman has requested Walter Driscoll's COR! record and went to the Court where the issues involving Mr. Driscoll arose. The application does ask if any of the principals had convictions. The issue happened when he was 18 years old and he had forgotten about it. She is the applicant, filled out the application, and was not aware of the prior incident. Motion: To close the public hearing at 8:46 p.m. (Amoruso-MacCaffrie) 5-0 Passes Motion: To approve the license (McCarter- MacCaffrie) While the Police Chief has the issue with one of the principals, it happened when Mr. Driscoll was 18 years old and there has been nothing subsequent to that. Selectman MacCaffrie noted he would not hold it against him. Selectman Amoruso suggested that in approving the license, it be made subject to a positive COR! on Walter Driscoll. Motion as Amended: To approve the license subject to receipt of a positive COR! report on Walter Driscoll (McCarter-MacCaffrie) 5-0 Passes (' Board of Selectmen Minutes of March 3, 2004 6 Selectman MacCaffrie announced First Robotics Competition to be held this weekend in f Manchester, NH. He described their activity and invited public to attend. George Dentino, Gladiola Terrace - spoke about the number of hours associated with Town positions and cautioned about making part-time positions 20 hours per week, which requires full benefits at increased cost to the taxpayers. He also disputed statements made during a previous meeting regarding an audit being completed and the books being balanced; expressed his amazement that among the goals and objectives set for the Town Manager that keeping the number of complaints and lawsuits down wasn't one of them. He stated his belief that there are three complaints and a wrongful termination now-all during a time when we don't have insurance and the Town will be responsible. Mr. Dentino said he has been told there is an ethics investigation going on and asked if it's true. Was not confirmed or denied under advice of Town Counsel. He next reported seeing an advertisement in the Globe for the Director of the Light Department with the job specifications and understands interviews were conducted prior to the ad going in. He further questioned who had been interviewed and argued their qualifications. (' Town Manager D' Agostino: · T-Mobile lease on the Oxford Tank is in it's final negotiated settlement. This is an example of where we're making money for the taxpayer. It would allow the Town to enter into a lease agreement starting at $22,000 over three five-year increments with annual increases tied to the CPI or a minimum of 3%. The Town will realize approximately $348,000 in revenue for the T-Mobile Oxford Tank lease. That is $98,000 plus over what was negotiated prior to his arrival. The deal is lucrative and allows the Town some money for leasing the Oxford Tank tower. There are also incentives to make available new technology. Motion: To sign the contract (being voted because it's a land lease document) (MacCaffrie-Achille) 5-0 Passes · We have received a communication from Bridgewater regarding a special act of the legislature changing the vocational education assessment formula. The want to revert to the formula established July 30, 1963. It was voted unanimously on February 4th and they're looking for support from other district members and for them to sign on to this piece of legislation. They're also asking that our legislative representatives co- sponsor. Motion: To support their request (MacCaffrie-Amoruso) 5-0 Passes r Board of Selectmen Minutes of March 3, 2004 7 · Train Station memo has been issued to Mark Cook by John Sullivan to have the r parking spaces on Old Colony Way revert to two-hour parking. · Memorandum from Lee Azinheira with Mansfield Green revenue update. It appears it's $58,000 to Green. The loss has not been calculated because we don't have enough history yet. Selectman MacCaffrie reported he was there Monday. One dumpster that goes out at a flat $700 is jammed absolutely full. Selectman Amoruso noted a significant amount of revenue was predicted to come from sticker sales, but the sticker sales are down. These are revenue assumptions and we anticipate there will be another influx of sticker requests in the Spring. · Is scheduled to meet with the Seniors for a coffee hour on Tuesday, March 9th. He is sure they will be discussing the budget and the possible override and invited Selectmen to attend and participate if they're able to do so. · Followed-up on Selectman MacCaffrie's request and has asked Town Treasurer/Collector Richard Boucher and Town Accountant Bea Kearney to prepare a bond analysis to show what authorizations will be coming off and what will be going on and to provide a snapshot of where we stand with bond authorizations. · Suggested the Selectmen should consider reviewing commercial parking regulations. Following a brief discussion the consensus of the Board was to send out renewal applications, continue to work on revisions, and put it on the agenda to discuss at a r later date. It was suggested that it may be good idea to have a temporary license and commuter parking license. It was also suggested that an evening workshop with staff be set up. Selectman MacCaffrie: · Attended the Bristol County Selectmen's meeting had a nice conversation with Norton Selectmen regarding expansion of the sewerage treatment plant. They want to do some pre-emptive planning in their town and may try to work to renegotiate their capacity. The whole atmosphere has changed over the years and there is mindset of cooperation that has developed. Selectman McCue: · Asked if Town Counsel has provided an answer to the question of the Board's standing on a 40B appeal. No additional information has been provided and Selectman McCue said he will call him directly. Selectman Amoruso: · Announced that Sister Cities is getting close and there are still more people than hosts. There has been a good response from our visitors. The schedule is on the r-- website, which he provided. Board of Selectmen Minutes of March 3, 2004 8 r Selectman McCarter: . Said he has been a Selectman for six years and has sat through many question and comment periods throughout that time. At times it's been beneficial to hear from the public and it has been productive on some occasions. What he observed tonight, particularly bringing up an ethics investigation, was deplorable and should not have been allowed. He does not believe Mr. D' Agostino told Mr. Dentino that he was involved in an ethics investigation and he finds Mr. Dentino's statements to be an intentional attempt at embarrassment and humiliation. Motion: To send a letter of complaint to the Ethics Commission regarding information being given to the public on an ethics complaint filed against the Town Manager (McCarter-no second) Selectman MacCaffrie said he believes it was mentioned in a newspaper article and suggested it be checked on that first. Selectman McCarter withdrew the motion and will go back and check on it. Chairman McCue noted he does his best and continues to make an effort to keep the privilege from being abused. Selectman Amoruso: · Said he takes it seriously if someone on the Board is passing along information that is supposed to be confidential. If it was in the newspaper, so be it. Town Counsel r advises us on information to remain confidential. Selectman MacCaffrie said he thinks Questions and Comments is fun and doesn't take it personally. Selectman McCue: · Received a request at Thursday's meeting for Skip McCoy of MassHighway District 5 to discuss South Worcester Street. Selectman MacCaffrie will be going to that meeting tomorrow night. Selectman Achille: · Asked if DPW would check out a damaged 2-hour parking sign on Draper Avenue. The sing bends over the sidewalk. Selectman MacCaffrie: · At the Bristol County Selectmen's meeting there were two representatives present from other districts and we had an opportunity to tell them loud and clear of our disappointment in their lack of support on the regional school issue. Motion: To adjourn at 9:43 p.m. (Amoruso) 5-0 Passes r- Board of Selectmen Minutes of March 3, 2004 9 (' r r Board of Selectmen Minutes of March 3, 2004 10