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Home My WebLink AboutSELECTMENminutes10172012Town of Mansfield Board of Selectmen Minutes of October 17, 2012 Present: Chairman Olivier Kozlowski, Vice Chairman George bentino, , Selectman Jess Aptowitz, Selectman Annino, Nick Riccio, William Ross, Town Manager Absent: Clerk Kevin Moran The Board of Selectmen met as light commissioners before this meeting. Q &C None Review and Approve Special Town Meeting warrant Mr. Ross reviewed the new procedures proposed by Town Clerk Staples. The warrants are now on regular white paper as opposed to the special long forms that Ms. Christian used. Town Accountant John Stanbrook is also present for the meeting. Article 1: To see if the Town will vote to authorize the Mansfield School Committee to enter into a Pupil Transportation contract for a period in excess of three years, for a total contract not to exceed five years; or take any other action related thereto. SPONSOR: Board of Selectmen for the Mansfield School Committee Article 2: To see if the Town will vote to rescind the unissued balance, in the sum of Four Hundred Fifty Thousand dollars ($450,000.00), of the School Planning - related borrowing authorization voted pursuant to Article 26 of the May 23, 2006 Annual Town Meeting; or take any other action related thereto. SPONSOR: Board of Selectmen for the Mansfield School Committee Explanation: The motion adopted pursuant to Article 26 of the May 23, 2006 Annual Town Meeting authorized the Treasurer (with the approval of the Board ofSelectnen) to borrow $500, 000.00 for "architectural fees and services for plans and specifications for additions, renovations and remodeling of the Mansfield High School for the proposes of relieving overcrowding, or other reasons, at the Mansfield Public Schools ". This capital project has been completed, and this article (if approved) will rescind the unused portion of the borrowing authorization vote. Board of Selectmen Minutes of October 17, 2012 Article 3: To see if the Town will vote to rescind the unissued balance in the Eight Million Dollars ($8,000,000.00) borrowing authorization voted pursuant to Article 4 of the May 4, 2010 Annual Town Meeting for the Mansfield Municipal Electric Department East Mansfield Substation; or take any other action related thereto. SPONSOR: Board of Selectmen for the Mansfield Municipal Electric Commission Explanation: The motion adopted pursuant to Article 4 of the May 4, 2010 Annual Toivn Meeting authorized the Treasurer (with the approval of the Board of Selectmen) to borrow $8, 000, 000. 00 for "development of a substation in East Mansfield by the Municipal Electric Department ". This capital project has been or will be paid completely from operating revenues and other sources of the MMED. This article (if approved) ivill rescind the unused portion of this capital project's borroiing authorization vote. Article 4: To see if the Town will vote to accept M.G.L. Section 8A of Chapter 108 of the Acts of 2012 (also known as M.G.L. Chapter 59A Section 5N or the" VALOR Act ") which allows the Board of Selectmen to establish a program to allow veterans to volunteer for up to 125 hours in exchange for tip to a $1,000.00 reduction in their real property tax bill; and to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute the sum of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) to add to the FYI Allowance for Abatements and Exemptions (Overlay) account to provide for the "Veterans Tax Work -off Program"; or take any other action related thereto. SPONSOR: Board of Selectmen Explanation: The Veterans'Access, Livelihood, Opportunity, and Resources (VALOR) Act was recently adopted into law. The VALOR Act provides for a "veterans' fax work - offprogram" similar to the "senior tax work - offprogram" that the Town currently has in place. This article (if approved) hill add $3,750. 00 to the FYI Allowance for Abatements and Exemptions (Overlay) account to pay for these exemptions. Article 5: To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute a sum of money and /or to further amend, increase, decrease, or otherwise adjust the appropriations voted at the April 24, 2012 Annual Town Meeting for several Municipal Town departments for Fiscal Year 2013; or take any other action related thereto. Board of Selectmen Minutes of October 17, 2012 SPONSOR: Board of Selectmen Explanation: These additional expenses have been incurred by the Town but were not anticipated at the April 24, 2012 Annual Toivn Meeting. This article (if approved) tivill allow the Toivn to payfor these unforeseen expenses. Article 6: To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute a sum of money to eliminate the deficits existing at the end of Fiscal Year 2012 as of June 30, 2012; or take any other action related thereto. SPONSOR: Board of Selectmen Explanation: Several fonds ended FYI in a deficit. This article (if approved)11,111 transfer money into these funds and eliminate these FY12 deficits from the Town's books. Article 7: To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute a sum of money to be spent by the Town Manager to defray the expenses related to the nine -year inspection and revaluation of all properties in the Town as required by the Massachusetts Department of Revenue; or take any other action related thereto. SPONSOR: Board of Selectmen for the Board of Assessors Explanation: Eveuy nine years, the Department of Revenue ( "DOR) requires the Town physically to inspect and revalue all properties in the Town. If this inspection is not completed, the "DOR" may not allow the Town to set a tax rate until the nine - year inspection and revaluation is completed. This article (if approved) hill allow the Town to complete this FY 14 requirement. Article 8: To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute the sum of Eleven Thousand Dollars ($11,000.00) to be spent by the Town Manager for the purpose of organizing, codifying, bookbinding, and online posting of the Town Charter and all Town by -laws; or take any other action related thereto. SPONSOR: Board of Selectmen Board of Selectmen Minutes of October 17, 2012 Explanation: This article (if approved) will allow the Town Manager to organize, cods, bookbind, and post online the Town Charter and all of the Town's by -laws. Article 9: To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute the sum of Four Hundred Thousand Dollars ($400,000.00) to be expended by the Town Manager for the purpose of professional services for the permitting and design services associated with the proposed wastewater effluent recharge site on property located in Norton, MA as further described as Town of Norton Assessors Map 24 Lot 4; or take any other action related thereto. SPONSOR: Board of Selectmen Explanation: The Town is seeking to design and permit a wastewater effluent recharge plan for land it is in the process of acquiring in Norton as per Mass. Department of Environmental Protection (DEP) and local regulations. This article (if approved) will allow the Town to design and permit the wastewater effluent recharge system. Article 10: To see if the Town will vote to raise and appropriate, transfer from available Rinds, or borrow pursuant to any applicable statute a sum of money to pay for unpaid prior year's bills; or take any other action related thereto. SPONSOR: Board of Selectmen Explanation: In general, appropriated amounts at Town Meeting for one Fiscal Year cannot be spent on a previous year's expenditures without Town Meeting approval. This article would pay for these outstanding bills that are presently known to be unpaid fron prior Fiscal Years. Article 11: To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute a sum of money to be transferred to the Town's Capital Stabilization Fund; or take any other action related thereto. SPONSOR: Board of Selectmen Explanation: The Town has established a Capital Stabilization Fund as allowed by Board of Selectmen Minutes of October 17, 2012 M.G.L. Chapter 40 Section 5B. This article will transfer a sum of money into the Town's Capital Stabilization Fund to be used for current and future Capital Improvements throughout the Town. Article 12: To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds a sum of money to the Stabilization Fund; or take any other action related thereto. SPONSOR: Board of Selectmen Explanation: This article will transfer a sum of money into the Town's Stabilization Fund. A can then be used for any lawful purpose as outlined in M.G.L. Chapter 40 Section 5B. Article 13: To see if the Town will to transfer the sum of Eighty -Three Thousand Three Hundred Five Dollars and Fifty Cents ($83,305.50) to supplement the funding for the following ongoing non- excluded debt capital projects and to vote to reduce the unpaid debt principal remaining by One Thousand Dollars ($1,000.00) for each such unpaid debt, as set forth in M.G.L. Chapter 44 Section 20; or take any other action related thereto. Ongoing Non - Excluded Debt Capital Projects Fund Fund Name Article Vote Purpose Transfer No. Amount 5088 DPW Annual Town Various Town $54,969.97 Roadway Meeting Roadway Improvements 5126111 Article Improvements #9A 5082 Robinson Annual Town Repair /Replace $26,335.53 School Meeting Windows at Windows 5126111 Article Robinson School #10 Totals $81,305.50 SPONSOR: Board of Selectmen and /or Board of Selectmen for the Mansfield School Committee Board of Selectmen Minutes of October 17, 2012 Explanation: These capital projects are completed, but debt is still outstanding on these capital projects. This article (if approved) mill allow the Torun to transfer the unused balances to other ongoing projects and /or pay up to $1, 000.00 of the debt principal related to the completed projects as per the procedure set forth in M. G.L. Chapter 44 Section 20. The following is a list of completed capital projects that will be transferred to the following ongoing capital projects and /or used to reduce debt principal owed by the Town: Completed Non - Excluded Debt Capital Projects Fund Fund Name Article Vote Purpose Transfer No. General Fund School Remodel 08 Debt Princi pal $1,000.00 Amount 5022 Fire Server Annual Town Construct $55,969.97 Drain Meeting 5115107 Plymouth St. Fire Plymouth St. Article 27 Sewer Drain 5031 Modular Annual Town Ptuchase $29.79 Classrooms Meeting 5117105 Modular Article 13 Classrooms 5035 High School Annual Town High School $27, 305.74 Science Labs Meeting 5115107 Science Lab Article 21 Installation Totals $83,305.50 Non - Excluded Debt Principal Payments Fund Account Name Trans erAnrounf General Fund Fire Sewer Drain Debt Principal $1,000.00 General Fund School Remodel 08 Debt Princi pal $1,000.00 Totals $2, 000.00 Article 14: To see if the Town will to vote transfer the sum of Seventy -Seven Thousand Eight Dollars and Twelve Cents ($77,008.12) to supplement the funding for the following ongoing non - excluded debt capital projects and to reduce the FYI allowable tax levy by the total amount of the following capital projects' unused balances; or take any other action related thereto. Ongoing Non - Excluded Debt Capital Projects Board of Selectmen Minutes of October 17, 2012 Fund Fund Name Article Vote Purpose Transfer No. Date Amount 5088 DPW Annual Town Various Town $23,43653 Roadway Meeting Roadway 5017 Improvements 5126111 Article Improvements $4,11600 S stem #9A at Police Station 5082 Robinson Annual Town Repair /Replace $53,571.59 School Meeting Windows at Windows 5126111 Article Robinson School #10 Fire Station 5020 Fire Engines 711512008 Totals $77,008.12 SPONSOR: Board of Selectmen and /or Board of Selectmen for the Mansfield School Committee Explanation: These debt excluded capital projects are completed, but debt is still outstanding on these capital projects. This article (f approved) will allow the Town to transfer the unused balances to other ongoing non -debt excluded capital projects and reduce the FY13 allowable tax levy by the total of the transferred balances. The following is a list of completed debt- excluded capital projects that will be transferred to the aforementioned ongoing nor- excluded capital projects: Completed Debt - Excluded Capital Projects Fund Fund Name Ballot Vote Purpose Transfer No. Date Amount 5003 MIS Tyler 711512008 MIS MUNIS $5,600.00 Forms Forms Upgrade 5017 Police Security 711512008 Security System $4,11600 S stem at Police Station 5019 W. Mansfield 121611994 Construct and $4,825.93 Fire Station originally equip W. Mansfield Fire Station 5020 Fire Engines 711512008 Replace Fire $418.00 2 &3 Replace Engines 2 & 3 5023 Fire Exhaust 711512008 Portable $8,47660 Exhaust System at N. Main St. Fire Station Board of Selectmen Minutes of October 17, 2012 5024 School 121611994 Additions at $393.00 Reconstruction Robinson, Qualters, and High Schools 5025 Qualters 121611994 Additions at $14,138.90 Middle School Robinson, Qualters, and High Schools 5026 High School 121611994 Additions at $34,919.86 Reconstruction Robinson, Qualters, and High Schools 5037 Jordan /Jackson 711512008 Cooling Tourer $4,119.83 Cooling Tower Replacement at Jordan /Jackson School Totals $77,008.12 Article 15: To see if the Town will vote to amend the source of funds voted in Article 11 Motion B of the April 24, 2012 Annual Town Meeting from borrowing to Free Cash; and to rescind the unissued balance Five Hundred Thousand dollars ($500,000.00) of the Road /Bridge Maintenance - related borrowing authorization; and to transfer from Free Cash in the treasury of the Town the sum of Five Hundred Thousand Dollars ($500,000.00) to the Road/Bridge Maintenance capital project authorized in Article 11 Motion B at the April 24, 2012 Annual Town Meeting; or take any other action related thereto. SPONSOR: Board of Selectmen Explanation: Motion B voted pursuant to Article 11 of the April 24, 2012 Annual Town Meeting authorized the Treasurer (with the approval of the Board of Selectmen) to borrow $500, 000. 00 for "Road /Bridge Maintenance projects ". This article (if approved) will rescind the borrowing authorization vote for this Road /Bridge Maintenance- related capital project and change the finding source front long -term borrowing to Free Cash. Article 16: To see if the Town will vote to amend the source of funds voted in Article 12 of the April 24, 2012 Annual Town Meeting from borrowing to Free Cash; and to rescind the unissued Five Hundred Thousand Dollars ($500,000.00) of the School Gym Wall Repair - related borrowing authorization; and to transfer from Free Cash in the treasury of the Town the sum of Five Hundred Thousand Dollars Board of 5electmen Minutes of October 17, 2012 ($500,000.00) to the School Gym Wall Repair capital project authorized by the vote pursuant to Article 12 at the April 24, 2012 Annual Town Meeting; or take any other action related thereto. SPONSOR: Board of Selectmen Explanation: The motion voted pursuant to Article 12 of the April 24, 2012 Annual Town Meeting authorized the Treasurer (with the approval of the Board of Selectmen) to borrow $500, 000. 00 for "School Repair Gym Wall ". This article (if approved) will rescind the borrowing authorization vote for this School Repair Gym Wall - related capital project and change the funding source from long -term borrottdng to Free Cash. Article 17: To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute the sum of Thirty Thousand Dollars ($30,000.00) to pay for replacement of the North Common flagpole; or take any other action related thereto. SPONSOR: Board of Selectmen Explanation: This article (if approved) will replace the North Comnronflagpole as part of the North Common revitalization plan. Article 18: To see if the Town will vote to transfer a sum of money from Airport Enterprise Fund Retained Earnings to Airport Enterprise Fund Fund Balance for Capital Improvements; or take any other action related thereto. SPONSOR: Board of Selectmen for the Airport Commission Explanation: This transfer is an annual request io transfer the Aiiport's Retained Earnings to the Air port's Fund Balance for Capital Improvements. This article (if approved) twill make this transfer so that the Ah port can make improvements as a part of the Aiupa7's capital improvementprogram. Article 19: To see if the Town will vote to create a Mansfield Economic Development Corporation through a special Act of the Massachusetts General Court; or take any other action related thereto. SPONSOR: Board of Selectmen Board of Selectmen Minutes of October 17, 2012 Explanation: Economic Development Corporations are quasi public entities that coordinate and promote industrial and connnercial projects. They facilitate business development and help to streamline the permitting and regulatory processes. This article (if approved) ivould authorize the Toivn to petition the Massachusetts Legislature to create a Special Act to create an Economic Development Corporation in Mansfield as part of the Town's overall strategic plan. Article 20: To see if the Town will vote to amend the Town's Zoning Bylaw to the extent necessary to change the Schedule of Principal Use Regulations of the Zoning Bylaws Industrial District, I2, as shown on the attached revised Schedule of Principal Use Regulations attached hereto as Exhibit "A ", and to amend the associated bylaw 3.7; Classification of Other Uses, specifically 3.7.1 Older Building Reuse, as also shown on the attached Exhibit "A ". Or take any action in relation thereto: EXHIBIT "A" SCHEDULE OF PRINCIPAL USE REGULATIONS INDUSTRIAL DISTRICTS 2 2 3 A SPA 3.3 RESIDENTIAL change 3.3.4 Multiple Residence N N S2 Y N Y 2= only in accordance with Section 3.7.1 3.7 CLASSIFICATION OF OTHER USES 3.7.1 Older Building Reuse: The Planning Board may grant a special permit to convert (i) any building containing more than two thousand (2,000) square feet of floor area and built prior to February, 1953, jii j a public school building, or jjjjj other municipal building, in its entirety for uses (A) allowed in the district in which it is located regardless of development density provided Board of Selectmen Minutes of October 17, 2012 10 (1) there is sufficient parking in accordance with Section 4.4 of this by -law, (2) the Planning Board finds that the site, architectural and landscape plans and conditions of approval are sufficiently advantageous to the Town to grant a special permit, and (3) no additions to the building are allowed, except for minimal additions necessary to comply with building, safety and health codes, or for the reasonable use of the building or (B) allowed by special permit in conformance with the provisions of Section 5.5 of this by -law and the density criteria outlined in this Section 3.7.1. SPONSOR: Citizen Petition by James J. Russo, Jr. and 109 others Weekly Business Warrant No. 13016T in the amount of $313,156.89 Motion, To approve. (Aptowitz /Dentino) 4:0 passes Warrant No, 13016E in the amount of $1,705,368.34 Motion: To approve. (Aptowitz /Dentino) 4:0 passes Warrant No. 130165 in the amount of $240,853.19 Motion: To approve. (Aptowitz /Dentino) 4:0 passes Warrant No. 13016T in the amount of $303,851.38 Motion: To approve. (Aptowitz /Annino) 3:1 posses (Dentino nay) Warrant No. 13016TV in the amount of $92,545.66 Motion: To approve, (Aptowitz /Dentino) 4:0 posses Minutes of October 10, 2012 Motion: To approve minutes of October 10, 2012 (Aptowitz /Annino) 4:0 passes Water Installers License for Krugger Construction, Motion: To approve, (Aptowitz /Dentino) 4:0 passes Application for parade permit for Veterans Day parade on November 11tH Motion: To approve (Annino /Dentino) 4:0 passes Application for Christmas parade on November 25th Motion: To approve pending fire dept. sign off (Annino /Dentino) 4:0 passes Application for Mothers Club sign promoting their "Shop till you drop" event Motion, To approve Mothers Club sign (Aptowitz /Dentino) Board of Selectmen Minutes of October 17, 2012 11 Correspondence • Invitation for Board of Selectmen to be judges for Halloween Parade on Sunday, October 281h at 2pm. Selectmen bentino and Aptowitz will be judges. • Notice from Comcost Cable that changes are being made to grandfathered former AT &T cable packages. • Email from Lou Andrews requesting that formal public input be solicited prior to finalizing any land transfer procedures. Town Managers Report • N, Common Gazebo dedication is coming up this Saturday. • Calls regarding signs in Cabot Business Park have been coming in and the park developer has placed them temporarily, BOS Updates • Chairman Kozlowski: Comcast Center license review committee needs to start soon and Chief O'Neill will continue to participate until his retirement in March. • Selectman Aptowitz; Question on financial study, is still outstanding but we are working on it. Congratulations to Mr. Ross's family as his first grandchild was born and his step son got married lost week. Would like to have fall town meeting signs out as we have not had one in a few years. N. Common re- designs are underway but the lack of electricity remains a problem. Selectman Annino: None • Selectman Moran: Absent Selectman bentino; None Board of Selectmen Minutes of October 17, 2012 12 Adjournment Motion: Adjourn meeting at 9:45pm (Aptowitz) 4:0 passes Uv a l 4VU Signature of Clerk �? v 28, 2012 Date of Approval Board of Selectmen Minutes of October 17, 2012 13