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HomeMy WebLinkAboutmin brd of selectmen 03/30/05 ; f:~~. (',', ~< \it~ ;~) / (' nC.F.lcr- '.,,,,' \ ,~-- Present: . :. ~ '.;', .,.... i"i;"'\!\Vj" :LL.U Chairman Steven MacCaffrie; Vice Chairman Roge~iNChll.f~i;:cib11fBJ~ard Dolan and Selectman Louis Amoruso Selectmen Michael McCue was not present at meeting Town Manager John O. '0' Agostino Town of Mansfield Board of Selectmen Minutes of March 30, 2005 05 Af)\~ - 7 rirl 9: 08 The Board of Selectmen's meeting was called to order at 7:30 p.m. followed by the Pledge of Allegiance. Returned to weekly Board of Selectmen Meeting at 8:10pm . Warrant No. 40 in the amount of$1,817,878.08 Motion: To approve (Achille - Amoruso) 4-0 Passes r . Regular Session Meeting Minutes of March 23,2005 Motion: To approve minutes and two vouchers (#'s 128377 & 128379) from last week Chairman MacCaffrie noted that the Board has received an explanation of the two vouchers from last week's warrant (Amoruso - Dolan) 3-0-1 Passes (with Selectman Achille abstaining because of absence from last week's meeting) . Sign Warrant for Annual Town Meeting and Town Election Motion: To sign warrant (Amoruso - Achille) 4-0 Passes . Drainlayers License for C & N Construction Corp. Motion: To approve Drain1ayers license (Amoruso - Achille) 4-0 Passes . Sunday Entertainment License for the Tweeter Center for the Performing Arts Motion: To approve and sign Sunday entertainment license (Amoruso - Dolan) 4-0 Passes r Board of Selectmen Minutes of March 30, 2005 r . Hackney Drivers Licenses for Brian Rota, Charles Fish, Donald Siganoff, Richard Goodman, Kimberly Spivey and Thomas Barnes Motion: To approve the hackney license of Brian Rota, pending notification of Police Chief of any complaints (Amoruso-Achille) 4-0 Passes Motion: To approve the hackney license of Charles Fish, pending notification of Police Chief of any complaints (Achille - Amoruso) 4-0 Passes Motion: To approve the hackney license of Donald Siganoff, pending notification of Police Chief of any complaints (Amoruso - Achille) 4-0 Passes Motion: To approve the hackney license of Richard Goodman, pending notification of Police Chief of any complaints (Achille - Amoruso) 4-0 Passes Motion: To approve the hackney license of Kimberly Spivey, pending notification of Police Chief of any complaints (Amoruso - Achille) 4-0 Passes ".- Motion: To approve the hackney license of Thomas Barnes, pending notification of Police Chief of any complaints (Achille - Amoruso) 4-0 Passes Chairman MacCaffrie noted that the Board should have notification of the Police Chief to see if any specific complaints have been lodged against these individuals. . Hackney Drivers Licenses Motion: To deny three remaining hackney license applications and send letter to applicants informing them of the denial (Dolan - Amoruso) 4-0 Passes Correspondence addressed to Board: . Report from the U.S. Department of Housing and Urban Development dated March 21 st entitled "Why Not In Our Community?" - Removing Barriers to Affordable Housing. r . Letter from Anagnos Enterprises, Inc., regarding Class II Auto Sales License, received March 21 S\ demonstrating full repair facilities at business location and principal business use. Board of Selectmen Minutes of March 30, 2005 2 r-- , . Letter from the Department of Environmental Protection sent to Penske Trucking received March 22nd and copied to the Board, Fire Department and Board of Health regarding a notice of responsibility on the part of Penske Trucking for a release and! or threat of release of oil and/or hazardous material. . Bulletin from the Department of Revenue dated March 22nd concerning an explanation of recent amendments to the economic opportunity area credit and DOR's implementation of the amendment. . Memorandum from the Bristol County Commissioners received March 23rd, presenting a $127,800 check from the Bristol County Homeland Security Grant Program. . Memorandum from MBC Chairman James Liddick to Town Manager dated March 24th regarding two Hart Engineering invoices. . Letter copied to Selectmen from Robert Nizzari,AFSCME Council 93, dated March 25th regarding the joint meeting of the Board of Selectmen and the School Committee hosted by the Finance Committee held on March 10th. ".- . Letter from Hansen Associates dated March 25th regarding a parcel ofland on Karen's Way, designated as open space, which is to be donated to the Town of Mansfield. Motion: To accept parcel of land, pending receipt of deed from Town Counsel and under the stipulations that it remains conservation land (Dolan - Amoruso) 4-0 Passes . Correspondence received March 29th regarding the Goods and Services On-Line Fundraising Auction for the Mansfield High School Senior All-Night Party 2005. Week 4 ofthe Auction is now underway and interested parties can email 2005allnightparty@comcast.net to be placed on the mailing list or to bid. Correspondence from Town Manaeer & Staff: . Memorandum from DPW Director Lee Azinheira dated March 24th regarding rainbarrels update for Cedar Heights. Chairman MacCaffrie said that the Board just received an updated draft of the warrant. ,-. Chairman MacCaffrie said that the Board just received the updated draft warrant. The Town Manager noted that this is not the budget that is going to be passed these are the numbers that we have at the present time. With respect to Conservation, he noted that the town is looking for the Conservation Agent to do conservation work and hire a part-time (10 hours) to concentrate on Board of Selectmen Minutes of March 30, 2005 3 r ZBA matters. That is why the dollar amount looks higher. Chairman MacCaffrie questioned why that does not go under ZBA. Town Manager noted that her job description reads that 35% of her time goes to ZBA issues and is hoping to have that change to 100% for conservation issues. It will probably be moved to ZBA later and a new line item would need to be created. Article 3: Chairman MacCaffrie asked if the Board if it is the wish of the Board to support article 3 and Selectman Amoruso noted that what the Board just approved as Light Commissioners was the capital budget, not the operating budget. Motion: To support Article 3 (Amoruso - Dolan) 4-0 Passes Article 7: Town Manager noted that we do not need Article 6 and he advised the Board against supporting any articles that involve money until the numbers are firmed up. Chairman MacCaffrie asked if the Board could support Article 7 since it is an enterprise account and the Town Manager said that number mayor may not change. Selectman Achille noted that it might be helpful to have the Airport Commission come in first before voting on that article. r Article 8: Chairman MacCaffrie asked about Article 8, relative to the amount the Town of Mansfield pays to send students to Southeastern Regional School. The Town Manager noted that the figure is a $60,000 increase in the town's budget and that is what Southeastern asked for. Motion: To support Article 8 (Dolan - Achille) 4-0 Passes Article 9: Selectman Achille noted that this article is consistent from year to year and the Town Manager added that this is a revolving account. Motion: To support Article 9 (Achille - Amoruso) 4-0 Passes Motion: To support Article 10 (Achille - Dolan) 4-0 Passes Motion: To support Article 11 (Achille - Dolan) 4-0 Passes Article 12: Town Manager noted that we do not need to revote this article every year and this article can be removed ".- Board of Selectmen Minutes of March 30, 2005 4 ".- Article 13: Town Manager noted that the School Committee has to support this and they said no. Selectman Dolan noted that if the townspeople say yes to this article, it could still not happen because of the schools. The Town Manager added that the town still hopes to consolidate some services with the schools and town. Chairman MacCaffrie said that there is interest on the school side and noted that is an educational process with both the School Committee and the Board of Selectmen _ if we can get on track, the consolidation of services could be useful for some things. Motion: To not support Article 13 (Dolan - Achille) withdrawn by Selectman Dolan Selectman Amoruso asked if the Board should give the Finance Committee a chance to look it over and suggested that they review it and Selectman Dolan withdrew his motion. Motion: To support Article 26 (Achille - Dolan) 4-0 Passes Selectman Amoruso suggested that the Board group the two related articles (26 & 28). Chairman MacCaffrie said that Town Counsel is looking at these articles to see if they look right legally but added that the explanation for Article 28 belongs with Article 26. Chairman MacCaffrie showed the Town Manager the changes that should be made with respect to these articles and their explanations. The Town Manager noted that he is having Town Counsel look at these articles and he promised he would have this information by April 4th. r-- Article 29: Town Manager said that this article would change the language from 5 days to 10 days with respect to the temporary use zoning by-law. Motion: To support Article 29 (Amoruso - Dolan) 4-0 Passes Article 31: Town Manager said that the changes that Selectman McCue wanted to make, relative to inc1usionary zoning, are not necessary and according to Judy Barrett, the changes are not parallel to our article. The Town Manager asked the Board if they want to remove this article without Selectman McCue being here and Chairman MacCaffrie said that the Board should wait for Selectman McCue. Article 32: The Town Manager commented that he spoke to Chief O'Neill about this article and Chief O'Neill said that there may be a state law that renders this article moot. Chairman MacCaffrie said that he believes that the Chief wants to make sure that there are no loopholes in the state law. Article 39 & Article 40: ,-. Board of Selectmen Minutes of March 30, 2005 5 r Town Manager noted that Article 39 refers to the quarterly tax bill initiative and Article 40 refers to the semi-annual preliminary tax payment system. He noted that if Article 39 is approved, then Article 40 is not needed. Motion: To support Article 39 (Dolan - no second) Motion withdrawn by Selectman Dolan Selectman Amoruso noted that this should be voted on by the whole Board and he won't support Article 39 but doesn't oppose having it on the warrant. Selectman Achille noted his support for Article 39 and Selectman Dolan said that the Board should wait for the full Board to discuss and withdrew his motion. The Town Manager added that the Finance Committee supports Article 39 - it helps with the cash flow. Motion: To support Article 40 (Amoruso - no second) Selectman Amoruso withdrew his motion after the Board decided to wait for the full Board to discuss these two articles. No old or new business from Board. r Peter DeTrolio. 496 Elm Street Discussed the issue of decibel levels at the Tweeter Center and asked the Board why they did not review the decibel level when they discussed the Tweeter Center's annual license. Selectman Dolan said that he doesn't think it is that loud and the figure of95 decibels came from the state and was not pulled out of the air. Mr. DeTrolio noted his disagreement with Selectman Dolan's statement. Chairman MacCaffrie noted that he tried to bring up the issue of the decibel level. Mr. DeTrolio said that the function ofthe Board is to protect the residents and brought up an incident of several years ago involving a neighbor of Town Hall and the then-noisy air conditioning unit at Town Hall and questioned why the Board of Health hasn't addressed this decibel level issue. He added that if the Board doesn't give it a try, then how are they going to know and noted that the Board refused flatly and that he shouldn't have to listen to the music in his house. Selectman Amoruso said that he supports the 95 decibel level because it has been used across the country and is not looking to get into a legal suit about this. He agrees that no one should have to hear it at their house and wishes that something could be done, but the 95 works for the concertgoers as well as a majority of the neighbors. Mr. DeTrolio said that in the state of Washington, a venue went with a lower decibel level because it was disturbing that community. Selectman Dolan said that he would consider lowering it one decibel next year but doesn't see how much difference it would make and was told that bands won't come if the level is ~ Board of Selectmen Minutes of March 30, 2005 6 r lower. Selectman Achille noted that he should go out there on a loud night to witness the noise but doesn't have evidence to disagree with DEP's decibel level. George Dentino. 2 Gladiola Terrace Discussed the issue of licensing used car dealers, brought up by Chairman MacCaffrie and asked if a letter was sent to the Toyota Company about their repair facilities. Town Manager noted that they do not have a license because they do not sell to the general public, so they do not qualifY for a Class II license. Chairman MacCaffrie added that the state told the town that the town does not have any jurisdiction. Mr. Dentino claimed that Toyota was selling to vendors and Selectman Amoruso noted that the dealer licenses come from the state. r Budgetary issues: He provided the Board with a recent memorandum regarding budget cuts - he cut $800,000 from the operating budget and said that the new priority of manpower needs have reduced the budget. He asked the Board if it is ready to discuss the memorandum of last week and asked if that is something that the Board would like to proceed with. Chairman MacCaffrie said that he is comfortable with the additions. The Town Manager said that he and staff are going to start fashioning our reductions. Selectman Amoruso noted that he is comfortable with the additions as well and that is why he asked about the 5-year projection because he is comfortable with it right now. Announced that he is meeting with the Finance Committee tomorrow, March 31 st. Noted that the Finance Committee wants to cut another million from the town's operating budget. The Town Manager said that it is his intention of balancing the budget without the use of stabilization funds. He wants to take any free cash and take a minimum of 40% of it and commit it to stabilization until we reach a sufficient level (around $4.1 million) - that will temper how we spend our money in the future. He further added that he will continue to meet with Superintendent Moretti and staff - some reductions have been made and this process is ongoing. When he went to the State House today to discuss transportation issues, he spoke with the town's legislators and they said that they are supporting an initiative to support the Governor's budget numbers. He said that there is an indication that the House's numbers are slightly lower than the Governor's and noted that Representative Poirier couldn't tell him when to expect budget figures from the House. Motion: To open the Special Town Meeting Warrant and set the date for the Special Town Meeting for May 17,2005 at 8:00pm (Amoruso - Dolan) 4-0 Passes Hatheway-Patterson Reuse Plan: A workshop was held on this issue on Tuesday, March 29th. The Town Manager said that a ".- reuse plan for the site will be established that will be open space or commercial, whichever is to the higher standard and added that he will prepare a letter to the EP A. The EP A will put the Board of Selectmen Minutes of March 30, 2005 7 r r ".- town in the pipeline for funding and it may result in a zoning change for that area and may lead to a fall town meeting zoning change for that area. While the developers may not be in line with that timeline, the majority ofthe people are in support with the town. A steering committee would incorporate the Board of Selectmen, Planning Board, Zoning Board of Appeals, Conservation Commission, business owners, commuters, etc. The Town Manager said that the steering committee wouldn't review the designs; rather, they would be the conduit between The Cecil Group and the boards/committees. Chairman MacCaffrie asked the Town Manager ifboth landowners would sit on the steering committee and the Town Manager replied that they would be involved in the planning process and the steering committee's role would be to provide information back to the appropriate boards. The Town Manager wants the Board of Selectmen to appoint the steering committee and it would involve the Town Engineer, Planning Director, Conservation Agent, etc. The Town Manager said that he and the Board received a letter from Dan Clemmey and the Town Manager will sit and talk and make sure that Foundry LLC stay involved in the process - he noted that Mr. Clemmey would like to see a zoning change at the May town meeting but the Town Manager believes the process will take time. Federal transportation meeting: Town Manager reported to the Board that today's meeting regarding the access to the Golden Triangle, the southbound ramp to Route 495 and the Route 106 underpass was somewhat productive and somewhat contentious. They discussed a "right in, right out" on Route 140 for the Golden Triangle - he noted that this will help to alleviate traffic on School Street. The Town Manager noted that the town's legislative delegation, Betty Poirier, Mike Coppola, Lou Kafka and Barney Frank, were very supportive of the town. Selectman Dolan asked what the discussion was relative to the southbound ramp. The Town Manager replied that Congressman Frank is submitting a $1 million funding request and he would also craft language that would not include the northbound ramp. Chairman MacCaffrie asked if the town got a left-hand turn going into the Golden Triangle and Selectman Amoruso, who attended the meeting with the Town Manager, replied no; the Town Manager further added that this is of/the table. Chairman MacCaffrie asked that now that issue is done as far as the town is concerned, could the town focus on Campbell Street and housing as our next big topic. The Town Manager said that the town is waiting for the funding mechanism to be put in place before the town can take the next step. Chairman MacCaffrie suggested that the town lease the land to a developer and tell them that is belongs to the town and that the developers come up with the money. The Town Manager replied that he would like to see the Mansfield Housing Authority do that and he noted that he is scheduled to meet with Sturdy Hospital on this issue and another one tomorrow. Chairman MacCaffrie said that if the town can do this right now with a developer, the town may have additional money coming in from the developer - as things stand right now, he doesn't see anything happeningfor a year. The Town Manager noted that the town told the neighbors that the town would control the land and Chairman MacCaffrie said that the town would control the land - the developer would do things the way the town told him to do. The Town Manager added that the town doesn't own the land yet and we are working with DCAM on that and noted that the state is working at a lethargic speed. He further added that there is a process that the town has to follow. Selectman Amoruso said that he had hoped that the town could have gotten the median cut on Route 140 and Congressman Frank agreed and noted that there were no good reasons why we Board of Selectmen Minutes of March 30, 2005 8 r couldn't do the median cut. He added that it was clear that the feds have a different standard and they claimed it was a safety issue. Selectman Amoruso added that Congressman Frank believed that the town couldn't push it. Selectman Dolan noted that he is pleased that this will alleviate traffic on School Street and asked if they indicated what the timetable is for the southbound ramp. The Town Manager said that if the funding is approved in the fall, they are working toward 25% design. Selectman Amoruso added that the Route 106 underpass was discussed and noted that there will be some closures there, which will cause problems at School Street. The Town Manager noted that there is a process and we should look positively at what we have accomplished and Selectman Amoruso further added that there are some improvements to be made to help West Mansfield residents. (Dolan) 4-0 Passes ~o~ Signature of Cle JIpril6, 2005 Date of Approval ".- r-- Board of Selectmen Minutes of March 30, 2005 9