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HomeMy WebLinkAboutmin brd of selectmen 02/23/05 ! FFiCr:: Present: Town of Mansfield Board of Selectmen 05 !'il~d\ - 3 M1 9: 15 Minutes of February 23, 2005 ., f"'. I .~ L L D Chairman Steven W. MacCaffrie; Vice Chairman Roger AbMl~~;C&f~~&JJ;.~ Dolan; Selectman Louis Amoruso and Selectman Michael McCue Town Manager John O. D' Agostino r' The Board of Selectmen's meeting was called to order at 7:30 p.m. followed by the Pledge of Allegiance. . Warrant No. 35 in the amount of3,583,042.35 Motion: To approve . (Achille / McCue) 5-0 Passes . Regular Session Meeting Minutes of February 16,2005 Motion: To approve (Amoruso / McCue) 4-0-1 Passes (with Selectman Achille abstaining) r . Letter from Town Counsel to Director of Planning and Development dated February 9th concerning a clarification of an opinion regarding voting on a special permit application. · Town Manager noted that the Planning Board member was late for the Town's presentation, not the petitioner's presentation . Letter from Town Counsel to Ann-Margaret Baldwin dated February 14th regarding a legal opinion on serving on the Board of Assessors and the School Committee. . Letter from National Grid dated February 15th informing the Board that Massachusetts Electric has scheduled Vegetation Management Treatments on rights-of-way, which pass through Mansfield. Attached with letter were maps and the Yearly Operation Plan. . Memorandum from SRPEDD Transportation Planning Manager dated February 15th regarding TIP amendments and adjustments. . Letter from Mansfield Midget Football President Dave Todesco dated February 16th presenting a check for $4000.00 to be directed to the Memorial Park Gift Account for the expressed use offield maintenance for the lower field for 2005. Motion: To accept donation for deposit into the Memorial Park gift account (Amoruso / Dolan) 5-0 Passes (' Board of Selectmen Minutes of February 23,2005 1 . Correspondence from Electric Department Director dated February 23rd regarding the Granite r State FIRST Robotics Competition at the Verizon Wireless Arena in Manchester, NH on March 4-5. Mansfield High School is one of 52 high school teams from across New England who has registered to participate. Town Manager noted that the Board is not at a point to discuss the merits of the articles but rather wants to know if the Board believes any articles are missing. CDC/Affordable Housing: Chairman MacCaffrie said that the article regarding setting up the CDC/non profit strategy plan for affordable housing is missing and added we had to go to Town Meeting to petition the General Court. Town Manager noted that the Town did petition the General Court. Selectman Dolan thought that a vote at Town Meeting was needed based on the Attorney General's letter. Town Manager said that the Town has received notification from Representatives Coppola and Poirier that the bills have been filed. He will check to see if the Town needed town meeting approval specifically for that. Selectman Amoruso asked that a space be left in the warrant just in case until we know. Town Manager noted that articles can be removed after the March 1 st deadline up until the warrant is signed. r- Article 26 Discussion: Chairman MacCaffrie mentioned the article regarding 7 to 9 members of the Planning Board, article 26 and believes that it needs to have a public meeting. Town Manager said that the article is on the warrant relative to the addition of 2 members to the Planning Board and asked Board if they think a public meeting is needed. Selectman Amoruso believed that any charter changes needs to have a hearing. Town Manager noted that the Town did not go to ballot vote but we did have a hearing. Selectman McCue asked that if it does have to go to the ballot, could it be incorporated into the spring ballot. Town Manager said that he would check the language. Article 31 Discussion: Selectman Achille asked what the impetus was of article 31, relative to motorized scooters. Town Manager said it was submitted at the Chiefs request through Officer Lance Lawson and noted that they did a lot of research on this issue. Selectman Achille wondered is a scooter couldn't be used in a backyard. Chairman MacCaffrie asked if the Town could enforce this on private ways - he didn't seem to think so. Town Manager said that the Town can enforce on streets and in school lots, etc. Selectman Achille noted that this article could create a good discussion and the Town Manager commented that the Chief wants it on the warrant because of the number of accidents. He also noted the primary focus is disallowing use on public property, like on the bike path, which prohibits motorized scooters. Inclusionary Zoning Bylaw Amendment: Selectman McCue commented that he would like to see included an article regarding the inclusionary zoning bylaw that was approved last year and asked if we could get a pljiceholder for that. f' Board of Selectmen Minutes of February 23,2005 2 r-- Article 6 Discussion: Chairman MacCafftie asked if the Board of Selectmen is supporting Article 6, the wastewater enterprise account. Town Manager said that the Town is going to try to make it a better presentation. He will bring in the DPW Director to discuss what the rate will be; doing it vs. not doing it; financial implications, etc. He noted that the longer the Town waits to establish an enterprise account, the more costly it will be to the ratepayer. Town Manager commented that he supports an enterprise account. r- Semi-Annual Tax Payments: Town Manager said that he is going to ask the Board to consider a new statute that was a recently passed by the state that would allow for the adopting of semi-annual preliminary tax payments. He noted that the Town wouldn't have to wait until Town Meeting to send out a preliminary tax bill. This would allow us to send a prelim before the tax rate is set. - once the rate is set, we can send an adjustment. This would allow the Town to send out a preliminary tax bill to help out with cash flow issues. Selectman Amoruso thought we could do that anyway - a lot of towns do that now. Town Manager wants to add this as an article because Town Meeting would need to approve this. He also noted that it would go into effect in FY06 - it's another option that we need to present. Selectman Achille said to put this article on the warrant so it can be discussed. Selectman Amoruso commented that he does not like sending out the bills like they are now and thinks of this as a legitimate option. It would help with cash flow. Chairman MacCaffrie added that a lot of cities and towns are doing this now and the Town Manager clarified that towns can send out estimated tax bills now only if they send out quarterly tax bills and said that he would get clarification on this issue. Selectman McCue asked when the statute was passed and the Town Manager noted that it does not say but believes it is new. Selectman Amoruso said that this sounds worthwhile to look into and put on the warrant Town Manager recapped the Board's comments: Check on petitioning the General Court on the CDC Charter changes regarding the Planning Board and the Light Department Director Inclusionary zoning bylaw amendment, if one is required Town Manager commented that according to the Attorney General's decision, all changes to charter, regardless how minute, require ballot approval. Selectman Amoruso asked if any petitions have been submitted. Town Manager replied that none have been received and noted that the deadline is Tuesday, March 1 st at 4:00pm. He also noted that Town Clerk Helen Christian is out until mid-March due to knee surgery. Motion: To close the Annual Town Meeting Draft Warrant on March 1,2005 at 4:00pm (Amoruso / Achille) 5-0 Passes r- Board of Selectmen Minutes of February 23,2005 3 , r -- George Dentino, 2 Gladiola Terrace Commented on Selectman Dolan's loudness and noted that it is hard to hear the discussion but when Selectmen Dolan speaks to Mr. Dentino, he needs to turn down the volume. Also commented on Selectman Dolan's use of profanity and believes it is getting to be commonplace. He mentioned Selectman Dolan's statement oflast week regarding cleaning woman as an example. Selectman Dolan replied that the public only hears one side because the Board restrains themselves and noted that the cleaning woman was not put out on the street. Mr. Dentino believes that Selectman Dolan's comments will cause the town a lawsuit. Mr. Dentino said that cleaning companies do not charge by the hour but rather by the job. He reviewed a copy of the memo from MMED Director and did some calculations on an annual pay basis from 1999 to the present. He said that the Town Manager mentioned a mysterious raise and asked for a clarification on that. Town Manager asked for his memory to be refreshed and noted it went up $200 yet the area was decreased Selectman Amoruso also commented that the figures that Mr. Dentino mentioned tripled over the past 5 years. According to Mr. Dentino, the projected annual amount will be $9,100 in 2005, which is less than what she was making in 1999 for more than twice the work. Chairman MacCaffrie said that change in salary was more in line with the bid Town Manager noted that the issue was about how the two bids were significantly less than what the cleaning woman was being paid r- Mr. Dentino commented that the Town Manager approved every invoice and knew that it was one person. Town Manager replied that he did not know it was one person - it is listed a cleaning company. He also noted that this contract was not in the best interest of the Town of Mansfield. Town Manager replied that he asked the Director to look at the contracts and he made an appropriate decision. Town Manager noted that it matters when a person works 14 hours and making $29,000 a year. Selectman McCue commented that the Town Manager has to have a reliance on his department heads. Town Manager noted that the right choice was made. Reserve Fund Transfer We are going to need a reserve fund transfer and Chairman MacCaffrie suggested that the Board could look at now and maybe act on it tonight. Under personnel, the Town has a line item for staff recruitment and under it, it pays for things such as drug testing, the employee assistance program, psychological evaluations, etc. He noted that we have had some staff turnover and are anticipating new hires in replacing those who are retiring. He also stated that the Town has paid $4,600 for new recruits of the police academy but stated that the Town does get reimbursed but comes back on a weekly basis through a deduction from the policeman's salary. ;-. Board of Selectmen Minutes of February 23,2005 4 1 r The line item has approximately $200 left and the Town Manager is looking for additional funds r- to cover costs - the transfer is for $7,000 but could live with $5,000 if necessary. Selectman Dolan noted that if the Board transfers $7,000 and only $5,000 is used, the remaining money will come back Motion: To transfer $7,000 from the reserve fund to the staff recruitment line item to cover costs (McCue / Dolan) 5-0 Passes Federal Grant Is pleased to announce that the Town of Mansfield is the recipient of a Bristol County Homeland Security grant in the amount of$127,800. $61,000 will go to the fire department for training for public safety dispatch and of that amount, $36,000 will be used to buy two defibrillators. $14,000 will go toward management information systems (MIS) for the ability to complete the indoor fiber optic project between the police department and town hall. The police department will receive $45,300 to go toward replacing the 15-year-old integrated communication system. Route 495 Southbound Ramp Prepared a large document that was provided to the Board regarding the 495 southbound ramp. There is a summary attached to the documents. Town officials will be meeting with transportation officials next week about other issues but will raise this issue. ~ Cleveland Twist, Foundry LLC and the Hathaway-Patterson Site Town Manager is meeting this Friday, February 25th at !0:30am with the property owners- Ditchman, Paul Connors of the Jeep Eagle dealership, Clemmey - as well as the Cecil Group. Ken Buckland of the Cecil Group is working on a comprehensive plan that would buffer the neighbors from commuter traffic. The Town Manager discussed the possibility of the construction of an access road from Route 106 in those properties. There would need to go into a planning process now through October - involves abutters, neighborhood residents, commuters, and business owners. The town could receive $2-3 million in transit dollars if this is done property - which will make the project economically viable. The process would involve the transferring of development rights on the Hathaway-Patterson site for mixed use, residential and commercial. The EP A will be waiting for the Town to determine the viable options for the Hathaway-Patterson site so they can go through their plan on the cleanup. The Town Manager went on to say that the construction of the access route direct to route 106 will buffer neighbors, which is the chief objective of the town. If the owners are on board and the planning process goes well, the Town can establish contract zoning with the involvement of the Planning Board. Town Manager said that contract development means that each developer will be bound and required to meet certain expectations under a contract for the zoning privileges that would be forthcoming. Selectman McCue asked if contract zoning would be zoning specific to a parcel. Town Manager replied yes and added that contract zoning has been challenged at the Land Court level and has prevailed. ~ A conceptual plan will be presented to residents, townspeople in the very near future and by October 2005, a final preferred design plan will be presented. There is a plan process and it will Board of Selectmen Minutes of February 23,2005 5 result in a premier development plan that will link the downtown, commuter, residential, ,-.- commercial parking. Town Manager did state that there are a lot of hurdles but if the interested parties have the ability to work in a fiduciary manner, this could be a legacy project and will be the new focal point for the downtown. Town Manager said that if the parties sign onto the planning process, then a meeting is scheduled next week in Boston on March 3rd to discuss transit oriented development dollars. Selectman Achille asked what the process is for contract zoning. Town Manager believed that it would need to be approved at town meeting and reiterated that it is a new concept and it will allow for the opportunity to see if something works for all of us. Town Manager stated it would be great for the town and a premier model development project for the state. He noted that Mansfield would be one of the few towns in the Commonwealth to capture transit oriented development dollars. Selectman McCue asked if contract zoning is common. Town Manager replied that it is not common. Selectman McCue asked if is there an approval process that would need to go through the Planning Board Town Manager said absolutely; the Planning Board will be involved. He also noted that Ken Buckland of the Cecil Group has worked with contract zoning before and he has stated that it has worked successfully. Town Manager said that the planning language in the letter is sufficient for the state so that the town can apply for transit-oriented development funds. ,,-.... The Town Manager asked the Board if they have any questions about what is going on with this process. Chairman MacCaffrie expressed concern that he cannot ask questions because has not seen any plans and feels he could contribute in the process because he has been involved in constructionfor 40 years. The Town Manager said that the plans are so conceptual and that officials want input from residents/users as well and that there will be ample time for input like that. Selectman Amoruso asked if there access to County Street. Town Manager said that the EP A is researching that access in the volwne of deeds/rights of way and the access is with Hathaway-Patterson as a company, not with the land. Selectman Amoruso added that there was a promise made to the neighbors to have that access. Town Manager said that the Town may be able to get limited access and it could be access for recreational use, etc. - the front part of that property will be commercial so there will be revenue that will be realized. Town Manager added that part of the Hathaway-Patterson site is passive - if housing is put on the site, the cost of cleanup is over $20 million. Selectman McCue asked when did it get to the point about putting housing on that site. Town Manager said that it has been brought up - it was an option. The Town Manager commented that the Town is somewhat hesitant to provide specifics because we are working with the landowners and trying to get some consensus with them. Selectman Achille added that he would like to rely on the landowners- they have a vested interest and noted that plans will change. Selectman Dolan added that there is nothing really yet - it is still conceptual. Town Manager added that once a consensus is reached that the parties are in on the planning process, a concept plan will be presented to the Board. Selectman McCue suggested that the Board wait and see what happens on Friday and go from there. r" Board of Selectmen Minutes of February 23,2005 6 1 I -- Selectman McCue: Asked the Town Manager if the ladder truck was put out to bid again. Town Manager said that he will find out. Chairman MacCaffrie asked if it is still in Norwood. Selectman McCue asked what the town is going to do with this equipment going forward. Asked if the Board would consider it as a regional backup - the towns that sign up would contribute into a fund for the upkeep. Selectman McCue commented that he hates to see it in limbo but is happy that it is being used as a backup. Town Manager spoke with the fire chief who said that the level of interest is a firefighter who is retired or private citizens who band together dismantles it to keep pieces as conversational pieces. They will not pay the $25,000 minimum. Selectman Amoruso: Wrote letter to MassHighway but forgot it at home and will email it to board members for suggestions. Other: Town Manager notified the Board that Leo Metrano, former Mansfield police officer and Capitol police officer, passed away today. ,~ (McCue) 5-0 Passes v~rUv, Signature of Clerk :M.arc/i 2, 2005 Date of Approval r' Board of Selectmen Minutes of February 23,2005 7 1 T r