HomeMy WebLinkAboutSELECTMENminutes09052012Town of Mansfield
Board of Selectmen
Minutes of September 5, 2012
Present: Chairman Olivier Kozlowski, Vice Chairman George Dentino, Clerk Kevin
Moran, Selectman Jess Aptowitz, William Ross
Town Manager
Absent: Selectman Annino absent, Selectman Dentino arrived at 7:08pm
Change of Manager - Fridays
Joseph Depina is the new proposed manager at Fridays. He has been with the company
since 2004 and has taken ServSafe advanced alcohol certification. He is currently the
kitchen manager and will be the GM of Mansfield if appointed.
Selectmen Aptowitz and Moran asked Mr. Depina about his work history and
responsibilities. Mr. Aptowitz also commented on the problem on managers of record
leaving the company and not notifying the Board of Selectmen in a timely manner.
The Board of Selectmen discussed having a fine for licensees that do not.
Motion: To appoint Mr. Depina as the new manager of record. (Moran /Aptowitz) 4:0 passes
Planning Board interviews
Cheryl Collins, School St. Has lived in town for over 20years and been involved in
community service for many years through the Garden Club, Beautification Committee and
others.
Michael Feck, Pratt St. Has lived in Mansfield his whole life, involved in real estate and his
father is a developer as well. As such, he is interested in learning more about Planning and
wants to serve on the board.
Selectman Aptowitz disclosed that while he and Mr. Feck do not work together, they do
both work for the some company. (Remax)
Selectman Aptowitz asked Mr. Feck if he saw any conflicts being on the board as his
father is a local developer. Mr. Feck stated no, that he thought it would actually be
helpful in learning about the town and development needs.
Board of Selectmen Minutes of September 5, 2012
Ms. Collins stated that she is interested in both industrial development as well as the
downtown.
Selectman Moran stated that he knows Ms. Collins and feels that her interests are so
diversified from traditional planning activities that she could have a fresh look at
development.
Mr. Feck stated that he wants what is best for the town as a whole, not just one section
or another.
Selectman Dentino thanked the candidates for coming in and expressing their interest in
community service. He then asked if Ms. Collins would like to change anything about the
board. She said no. Mr. Feck stated yes, that he like to see local developers getting more
involved in planning as they could provide an inside look into the industry and possible
assistance in growth.
Mr. Feck stated while Monsfield is no longer the small town it used to be, it can (and in his
opinion still has) retain a small town feel while growing the industrial park and or
development of the downtown area.
Ms, Collins also felt that industrial growth (with larger buildings) wouldn't hurt the small
town feeling that Mansfield has as the industrial park is in a commercial area with little
residential mixture. In relation to the downtown, making the downtown walkable is
important to its success.
Chairman Kozlowski thanked the candidates and stated he worked with the elder Mr. Feck
on the Planning Board. Mike stated that he does not anticipate the conflicts that he
father previously had as he is not a developer.
As Mr. Ragazzo has not officially resigned from the Planning Board yet, the Board of
Selectmen decided not to make any appointments until next week.
Consideration of bulk trash fee adjustments
Presentation given by Lee Azinheira, DPW Director.
At the end of fiscal year 2012, we required transfers to address shortfalls in
the Trash & Recycling line items of the DPW Budget. The short fall was due to
changes to the recycling market conditions, fuel surcharges and increase in bulky
items. Based on last fiscal year's closing, we faced a potential deficit in FY
2013 of approximately $100,000.
Board of Selectmen Minutes of September 5, 2012 2
As we discussed with the Finance Committee at the beginning of July, we have taken
a number of steps to reduce this potential shortfall. Based on current market
conditions as detailed in the attached spreadsheet, the current projected shortage
is $19,605.55. This amount could be reduced further or completely if recycling
costs return to where they were in 2011. If the recycling market crashes further,
our costs would go up.
We have worked with our contractors to reduce our costs as much as possible.
Steps taken to reduce the shortfall are as follows:
• Entered into a new three (3) year contract with Miller Recycling for the
Mansfield Green effective July 1, 2012 which no longer includes electronic
items. Based on current market conditions, we anticipate no cost and net
revenue to the Town at the end of the fiscal year.
• Entered into an agreement with Office Recycling of Rhode Island to remove
electronic materials from Mansfield Green at no charge for disposal. We only
pay monthly rental f or the container and a haul fee. This previously was
costing approximately $2,000 per month for disposal fees with Miller Recycling.
• Renegotiated contract with Waste Management effective August 1, 2012 which
reduces annual costs as per attached summary sheet. The changes to the Waste
Management contract include:
1. Recycling processing costs reduced fram$50 per ton to $40 for the single
stream recycling. This results in zero charges at current market price for
recyclables and will increase revenue back to the Town if recyclables go
back up.
2. Fuel surcharge baseline was increased f r o m the initial $2.60 per gallon
to $3.60 thus reducing the monthly fuel surcharges accordingly.
3. The annual contractual increase was reduced from 3.5% to 2.5 %.
4. Two (2) years (FY' 16 & FY' 17) were added to the contract.
Please note that the solid waste contracts are exempt from 30B
procurement to allow communities greater f I e x ibility.
With the increased costs of bulky item pickup that have gone from $24,000 to
$36,000, we were asked to review the costs and the rates that we charge.
Board of Selectmen Minutes of September 5, 2012 3
In 2007, we established the fee curbside pickup of white goods and bulky items.
• White goods $15
• Bulky items $10
The fee was based on approximately half of the cost to the Town.
The FY 2013 costs f or Waste Management to pick up the items curbside arc $33
for white goods and $26.40 for bulky items.
The utilization for white goods is low because residents have other alternatives.
Most places that sell white goods will take back the old ones f or little to no cost and
residents can bring them to the Mansfield Green for no cost if the item does not
have Freon and $10 f or Freon items. Since we began charging, we have gone from
picking up 800 white goods per year to 78, last fiscal year.
The utilization of the bulky items has increased over the years and was 1410 last
fiscal year. With bulky items the option is to donate them, have them picked up
when you buy new furniture, have the Town pick them up or bring them to a
commercial transfer station. Most options arc costlier than the Town and that is why
our numbers are increasing.
At this time, we would recommend that the Board of Selectmen consider increasing
the curbside charge for white goods to $20 and the bulky items to $15. The
proposed changes would increase revenues and also likely reduce utilization rates and
subsequently our costs.
Selectman Aptowitz stated that he wanted to make sure the Green was getting used
by the residents, not residents that own businesses and dump their company refuse
there. Mr. Azinheiro stated that metal actually makes the town money so if
companies want to give them that, they would welcome it. However, he knows what
the Board of Selectmen is talking about and they do monitor the drop off of
materials that costs the town to dispose of.
Selectman Dentino asked what items the town does make money on.
Mr. Azinheira stated that metal does, and cardboard to a degree.
Motion To increase white goods to $20 and bulky goods to $15 on October 1st.
(Aptowitz /Moran) 3:1 passes ( Dentino nay)
Selectman Dentino feels that those fees are too high. However, the rest of the
board does not feel it is out of line as the town is still taking a loss on the costs.
Board of Selectmen Minutes of September 5, 2012 4
Lincoln Place safety measures'
Mr. Maloon has provided the developer the changes the Board of Selectmen would to see
and has all the revisions for them.
Selectman Aptowitz knows the developer has the right to use the land however he
is uncomfortable with the crossings as several area families use the bike path and
there is a potential for accidents. He is not in favor of the project.
However, Selectmen Moran and Dentino stated that yes, the developer has the
right to use his land and they have made every attempt to increase safety of the
road across the path. This is a for better plan than it would be if the developer
used his right of ways.
MOTION: To approve the request of Kenneth Morse, Warren C. Morse and Jean
C. Munro to relocate the entrance road to the proposed Lincoln Place subdivision
as outlined in the subdivision plat approved by the Planning Board with the
following conditions:
1. The Developer slightly raise and create a "speed table" on the bike path to
slow traffic, and, at the crossing with the bike path, change the texture of
the bike path to brick and paint a terra cotta color to give notice of the
street crossing to persons utilizing the bike path.
2. Add two 3' 0" lit bollards at each end of the bike path at the intersection,
keeping the bollards back five to six feet from the roadway itself.
3. To show the guardrail that exists in the plan and to outline in the plan the
extent of the reduction of the guardrail, including extending the existing
guardrail to block the old roadways.
4. Show temporary construction entrance and add signs in the roadway showing
those as a construction entrance, including protecting the bike path users at
the temporary entrance with signs on the bike path.
5. Restore the bicycle path and repair any damages that occur as the result of
utilization of temporary construction entrances.
b. Relocate the two benches that need to be removed in order to accommodate
the relocated street, pour the appropriate pads and place the benches in place
as directed by the Town.
Board of Selectmen Minutes of September 5, 2012 5
7. Remove any accesses from Branch Street and loam and seed the areas where
the two existing stub streets are in place, including, as directed by the Town,
preparing the former road surface for proper looming and seeding.
8. Install signage on both sides and both directions of bike path that warn users
that they are approaching a vehicle crossing and to slow down and yield
to traffic. In vehicle directions, signage should worn of pedestrian crossing,
to slow down, and proceed with caution.
(Moran /Dentino) 3:1 (Aptowitz nay)
Conservation land use
Essex St. land: There is a question of whether the Board of Selectmen would like to have
the entire lot as conservation land or have the front (upland) section as town land for
possible future development. However, if the board wants to separate the plot, it would
have to go back to town meeting for approval.
Selectman Dentino suggested if they separate the parcel they could use the front
portion for recreation. He would not be in favor of selling them as house lots. However,
Selectman Moran stated that he is uncomfortable with changing the lot as it was
approved as one lot at town meeting. Selectman Aptowitz stated if the town has the
opportunity to sell land and raise revenue that should be an option.
After a lengthy conservation, the board decided that the intent of town meeting was to
put the entire lot into conservation protection. In hindsight it might have been a
bad /uniformed decision but that was the vote.
Mr. Ross asked the board to hold deliberation until next week and he will have the
articles drafted for signature.
Downtown parking regulations
Mr. Ross provided the following overview to the board and the audience.
The Downtown Parking and Circ ulation Advisory Committee met on the evening
of July 30, 2012. The Committee considered a re -draft of the Parking
Regulations for the Central Business District, as requested by the Board of
Selectmen several months ago. The redraft was intended to simplify the
regulations and reduce both their size and scale. The Committee, after reviewing
the draft and making two amendments to the draft, voted unanimously to
Board of Selectmen Minutes of September 5, 2012 6
recommend approval of the re -draft of the regulations, The Committee also
agreed with the recommendation of the Board of Selectmen that the area
shown on the map as being covered by the regulations be reduced.
The following regulations are the latest draft from the committee:
MANSFIELD PERMIT PARKING REGULATIONS
Purpose:
The primary purpose for these parking regulations is to provide guidance for the
management of parking in the Central Business District, adjacent residential areas and
the commuter rail station area.
Parking pe rmits f r residents and employees will be issued by the Mansfield Police
Department in accordance with these regulations. Applications for permits may be
obtained at either the Police Department or the Town Clerks' Office.
Permit Areas:
The permit areas are as outlined on the attached map dated August 1, 2012.
The parking areas are subject to change by the Board of Selectmen.
Types of Permits:
1. Resident Commuter Rail: These permits are issued to residents to allow use by
residents of the Town of Mansfield in the designated resident commuter rail
parking facilities at the Mansfield Commuter Rail Station.
2. Central Business District: These permits are issued to businesses, employees of
businesses located in the Central Business District, and residents of the
Central Business District as outlined on the attached map. The permit allows
parking in the designated areas for longer than the posted time limit, subject
to any winter or other regulations.
Eligibility for Permits:
Applicants for permits shall provide evidence of either employment within the Central
Business District or residency within the Central Business District by means of a
statement from their employer or provision of a lease agreement, utility bill showing
Board of Selectmen Minutes of September 5, 2012 7
an address within the District, driver's license, vehicle registration or similar
documentation sufficient to confirm eligibility for a permit. The applicant shall also
providence evidence of a lack of sufficient off street parking availability at their
place of business or residence to justify the necessity of a parking permit. A business
may obtain up to ten permits for employees. A residential building may obtain up to
two permits per dwelling unit.
A business may obtain more than ten permits based on information presented to the
Chief of Police that more than ten permits are needed to provide sufficient parking for
the employees of the business.
Display of Permit
The permit shall be displayed by hanging the permit from the rearview mirror.
The permit shall contain the license plate number of the vehicle to which the permit
was issued which num ber shall match the license plate on the vehicle displaying the
permit year,
The permit year shall be the calendar year beginning January 1 of each year and
ending on December 31.
Hours of Operation:
The hours of operation shall be between 8:00 am and 5:00 pm, Monday
through Friday excluding legal holidays in Massachusetts:
Permit Fees:
The fee for a permit shall be $20.00 per calendar year. The fee for a partial year
after June 30 shall be $10.00. The fee to transfer a permit to a different vehicle
with the some owner and a new license plate number shall be $5.00 if the previous
permit is returned to the Town.
Enforcement:
These regulations shall be enforced by the Mansfield Police Department as provided
for in the Town Bylaws.
Board of Selectmen Minutes of September 5, 2012 8
Appeals:
1. Any person who is denied a permit or who has a permit revoked may appeal the
action to the Town Manager.
2. Any person who receives a violation notice under these regulations may appeal
through the normal parking violation process.
After a lengthy discussion of the merits of the different types of parking allowed and
the difficulties faced by each type, the board decided to wait until next week to discuss
again and vote.
Q &C
Lou Andrew, President of NRT and resident. He stated that it was clear at town meeting
what the article was and what it meant. (Essex St lot referenced above). Town Meeting
voted to put the entire lot into conservation protect and he asks that the board honor
that vote.
Lenny Flynn, NRT member and resident. He is upset that the board would attempt to
change a town meeting vote after the fact. The board had a chance to discuss or
disapprove it prior to town meeting during their warrant review and they did not.
Weekly Business
Warrant No. 13009PT in the amount of $334,920.81
Motion: To approve. (Aptowitz /Moran) 3:0:1 posses (Dentino abstain)
Warrant No. 13009TV in the amount of $102,393.26
Motion: To approve. (Aptowitz /Moran) 3:1 passes (Dentino nay)
Warrant No. 13009PS in the amount of $930,928.44
Motion: To approve. (Aptowitz /Moran) 4:0 posses
Warrant No. 130095V in the amount of $269,067.28
Motion: To approve. (Aptowitz /Dentino) 4:0 passes
Warrant No. 13009T in the amount of $1,561,352.31
Motion: To approve. (Aptowitz /Dentino) 4:0 passes
Board of Selectmen Minutes of September 5, 2012 9
Warrant No. 13009E in the amount of $36,352.46
Motion: To approve. (Aptowitz /Dentino) 4:0 passes
Warrant No. 130095 in the amount of $1,084.57
Motion: To approve. (Aptowitz /Moran) 3:1 passes (Kozlowski nay)
Warrant No. 130010T in the amount of $195,838,61
Motion: To approve. (Aptowitz /Moran) 4:0 passes
Warrant No. 13010E in the amount of $14,875.45
Motion: To approve. (Aptowitz /Moran) 4:0 passes
Warrant No. 130105 in the amount of $198,190.39
Motion: To approve. (Aptowitz /Moran) 4:0 passes
Warrant No. 1301OPT in the amount of $326,683.15
Motion: To approve. (Aptowitz /Moran) 3:0:1 passes (Dentino abstain)
Warrant No. 13010TV in the amount of $93,851,79
Motion: To approve. (Aptowitz /Moran) 3:0:1 passes (Dentino abstain)
Application for street closure from Harbor One. Paine Rd on October 24th
Motion: To approve. (Aptowitz /Moran) 4:0 passes
Correspondence
• Letter from Police Chief O'Neill regarding road races using the school route,
(East, Branch, Ware). He feels it is a public safety issue.
Letter from Mansfield Mural Project has started fundraising campaign.
• Letter from Mansfield Shelter Friends requesting permission to place a sign on
the south common for annual event on October 6th. Sign would display from
Sept. 7th to Oct. 6th
Motion, To approve. (Moran /Dentino) 4:0 passes
• Letter from Executive Office of Public Safety and Security. Monsfield received
an award of excellence in silver category.
• Memo from Rick Alves, Town Engineer regarding Town of Mansfield boundary
markers. They have been identified and will be sent to area town clerks for
Board of Selectmen Minutes of September 5, 2012 10
recording. Selectman Dentino suggested we send a letter to the surrounding
towns with the recording asking for their documents.
Town Managers Report
• Town Manager contract is ready for signatures from the Board of Selectmen.
• New pay boxes for the train station are finally and should be operational by next
week. The vendor will be in the lots over the week to demonstrate their use.
Additional signage will also be placed in the area.
• The Walsh Well is almost ready and the Albertini isn't for behind.
• The Walnut St, paving is finally done.
• Comcast Center insurance quote has been received. It will cost around $500 a
concert.
• The school dept. has been having ongoing problems with their phone system. Our
IT staff has been assisting them in fixing it until a new system can be purchased in
the future.
• Executive session minutes have been languishing and need to be reviewed and
released.
.........._........ .
BOS Updates
• Chairman Kozlowski; Would like to start having some board and committee's in
before them. He knows it is difficult but would like to try and see some of them at
least.
State primary election tomorrow.
Finance Committee will also be meeting tomorrow evening.
Any update on the MMA / RMV plate issue? Mr. Ross stated he hasn't heard
anything yet.
Joke's Way lot has not been used as an affordable lot yet and should be under the
special permit. Mr. Ross will look into.
Many thanks to the Foxboro Public Safety staff that gave him a guided tour of how
they handle large events at the Gillette,
• Selectman Aptowitz; The 2011 audit has been completed and will be available soon.
Board of Assessors will be in next meeting.
Paving in cul -de -sacs still needs to be addressed.
Board of Selectmen Minutes of September 5, 2012 11
Meeting at Sturdy Hospital to discuss safety issues at the Comcost Center for
next year.
Selectman Annino: absent
• Selectman Moran, Would like to see the Planning Board in to discuss upcoming
items.
Selectman Dentino: Asked about the proposal for the bylaw codification project.
He wondered if the GI5 /MI5 staff might be able to do that. Chairman Kozlowski
stated that it is harder and more involved that one might think at first glance.
It really is a specialty project that needs expertise out of their area. Mr. Ross
agreed that it is a different type of work. He is currently looking at companies to
get quotes.
Adjournment
Motion: Adjourn meeting at 10:46pm (Aptowitz) 4:0 passes
Signature of Clerk
S 12, 2012
Date of Approval
Board of Selectmen Minutes of September 5, 2012 12