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HomeMy WebLinkAboutmin brd of selectmen 06/08/2005 ~j '," \ - ~~ 'j h_,.i r~, C~ r F 1 (: t:. , . Present: .\ : '1 \,L\.I ~. "' '''' .,", ," !l J c' E- "I"' '"\- S 11 t\ -~) ~> ic ~", t .:) Chairman Roger Achille, Selectman Bernard Dolan, Selectman Louis Amoruso, Selectman Michael McCue, and Selectman David McCarter Town Manager John D' Agostino Town of Mansfield Board of Selectmen Minutes of June 8, 2005 c,,' U':J 9: SO ,.,- The Board of Selectmen's meeting was called to order by Chairman Achille at 7:30 p.m., followed by the Pledge of Allegiance. After the Pledge, a moment of silence was held Silvio Morini, the oldest resident of Mansfield and recipient of the Boston Post Cane, who passed away at the age of 99. Selectman McCue mentioned that he and others attended the wake and/or funeral of Mr. Morini and his family noted how proud he was of the being the Boston Post Cane recipient. Ms. Fish announced that the Great Duck Race is scheduled for Wednesday, June 29th at 7:30pm at Fulton's Pond. This is the 13th year the Race has taken place. She encouraged residents to come to the Recreation Office at Town Hall to adopt a duck for the Race or come at 6:30pm the ~ night of the Race and adopt one at that time. She noted that they gave 300 donated prizes last year. After the Race, at 9:30pm, the animated movie Shark Tale will be shown on the South Common. Ms. Fish noted that the Race and the movie is a great family event and is a lot of fun. She noted that there are spots available for adult tennis and Summer Camp, although some weeks are closing, so call the Recreation Office at 261-7384 as soon as possible. Ms. Judy Martone of the Fair Housing Committee presented the winners of the Fair Housing Committee Poster Contest: Grand Prize Winner Erika Jacobs; 1st Prize Winner Colleen Copley; 2nd Prize Winner Samuel Harchik; and 3rd Prize Winner Hayley Gowen. All are sixth graders at the Qualters Middle School with the exception of Erika, who is in the seventh grade. Also in attendance was Scott Brigante, Art Teacher at QMS. Hayley will receive a $10 gift certificate to Bookends; Sam will receive a $10 gift certificate to Grogan-Marciano Sporting Goods; Colleen will receive a $25 gift certificate to Video Mania and Erika will receive a $100 savings bond from North Easton Savings Bank. Chairman Achille asked the students to explain the theme of the poster contest and Sam replied that the theme was to show not to discriminate with respect to housing. Selectman McCue asked Ms. Martone how many years this contest has been run and she replied that it has been r' Board of Selectmen Minutes of June 8, 2005 1 r- many years. She went on to explain that the posters will be hung in local businesses. Mr. Brigante added that this project is a learning opportunity and it also provides a community service. Chairman Achille passed out certificates to the students on behalf of the Board of Selectmen. The Board members congratulated the students on their achievements. Ron Webster Mr. Webster was a member of the Fair Housing Committee for 11 years and noted that he recently resigned to enjoy life a little more. Selectman McCarter told Mr. Webster that he did a lot and noted that the Board appreciates your service. Selectman Amoruso added that the Committee is an unsung group - you do a lot of great work but get little recognition. The Board members thanked Mr. Webster for his years of service to the Fair Housing Committee and the Local Housing Partnership Committee and Chairman Achille presented Mr. Webster with a certificate of appreciation. r · Warrant No. 49 in the amount of $ 3,068,342.29 Motion: To approve (Amoruso - McCue) 4-0 Passes (with Selectman McCarter abstaining from payroll) . Warrant No. 50 in the amount of $1,006,519.53 Motion: To approve (Amoruso - McCue) 4-0 Passes (with Selectman McCarter abstaining from payroll) . Minutes of Regular Session May 25, 2005 Selectmen's Meeting Motion: To approve (Amoruso - McCue) 4-0 Passes . Minutes of Executive Session May 25, 2005 Selectmen's Meeting Motion: To approve but not release (Amoruso - McCue) 4-0 Passes . Applications for Hackney Driver Licenses for James Peterson, Robert Plumer and Benjamin Kerziner Motion: To approve the hackney driver license application of James Peterson (McCue - Amoruso) 4-0 Passes r Board of Selectmen Minutes of June 8, 2005 2 ~ Motion: To approve the hackney driver license application of Robert Plumer (McCue - Amoruso) 4-0 Passes Motion: To approve the hackney driver license application of Benjamin Kerziner (McCue - Amoruso) 4-0 Passes . Medline TIF Motion: To sign the previously approved TIF for Medline (Amoruso - McCue) 4-0 Passes . Three budget transfers - Conservation Other Expense, Police Other Expense and Town Manager Other Expense Town Accountant Bea Kearney was present and explained that budget transfers can be done during the last two months of the fiscal year. The Town Manager added that this is the last year of the municipal relief package and he is not sure if the Legislature will extend it or not. He asked Ms. Kearney to come to explain why the transfers are necessary and to specifically indicate that these transfers will help balance the budget. He noted that sometimes we need to transfer funds, as long as it doesn't exceed 3%, and informed the Board that there is supporting documentation attached to the transfer and added that we may be back to the Board to complete the transfers. r' Selectman McCarter asked if makes sense to these now or wait and see if we have more transfers before the end of the year. Ms. Kearney said that it makes sense to do it now because we have bills that we have been holding for some time. She added that things may come up that some department heads aren't aware of. She indicated that it is hard to find the funds elsewhere in the budget. She said that she spoke with the DOR and they told her that they are looking for the notation in the minutes of the Selectmen's meeting that they supported the transfers. The Town Manager noted that the Police Department transfer is close to the 3%, but in other cases, we aren't that close. He said that this will allow us to the pay the outstanding bills. Selectman Dolan asked what could come up between the 22nd and the 30th that would require the Board's action on the 29th. Ms. Kearney said that the Fire Chief has some issues with his personnel line item - injured firefighters and people covering those shifts, etc. Motion: To approve the three budget transfers for Conservation Other Expense, Police Other Expense and Town Manager Other Expense (McCue - McCarter) 5-0 Passes Selectman Amoruso noted that he would like to avoid the Police Department transfer in the future and the Town Manager said that this was not the Chief's fault and that there are variables that we have taken into account for the FY06 budget. ~ Board of Selectmen Minutes of June 8, 2005 3 ~ /""'" r' Correspondence Addressed to Board: . Letter from Attorney Kerri Quintal received May 27th regarding a water rights issue between two landowners on Mill Street. . Letter from MassHighway received May 25th regarding the Route 140/1-495 and School Street interchange. The Town Manager noted that this is a disappointing letter from the Engineer at MassHighway. He went on to say that the town had requested a right-in/right-out turn at the Golden Triangle to alleviate traffic on School Street and this letter flies in the face of logic. He said that MassHighway is now saying that if there is a right-in/right-out, it will cause congestion on School Street. He added that he doesn't understand the logic and believes that this is something that the town needs to pursue aggressively - we need to put MassHighway on notice that we do not agree with them about this issue. Selectman McCue noted that this doesn't make sense and these are nightmare scenarios. The Town Manager noted that District 5 is supposed to work for the towns in their district. He went on to read a portion of the letter - the letter states that there would be an increase in u-turns if they did the right-in/right-out and the Town Manager said that he believes that this is ridiculous. Selectman Amoruso said that the whole thing boggles the mind. Selectman McCue noted that there are a significant amount of backups now on School Street. Chairman Achille commented that MassHighway isn't on the ground here in Mansfield and asked if it would be possible to reach out to District 5 Director Skip McCourt and ask to meet with him. He said that we could go down to the District 5 office and share our concerns. The Town Manager said that he is going to contact Mr. Patel at MassHighway per the letter and he will also set up a meeting with our delegation to discuss this issue and let them know that we are not satisfied with this. Selectman Amoruso questioned whether they have taken a study of this area, as the backups are horrendous. Selectman McCarter said that these issues have been discussed and believes that this letter should be forwarded to the Planning Board with a memo that the Board of Selectmen strongly disagrees and will fight for the right-in/right-out access to and from the Golden Triangle. The Town Manager said that we need to protect the interests of the community. Selectman McCue said that there may be a lack of appreciation for District 5 - they have a lot on their plate and the Town Manager added that we have met with them on five separate occasions about this issue. Selectman Dolan noted that what bothers him is the fact that the developer is willing to pay for all of this and that we are fighting this for the people and for their best interests. Motion: To send the letter from MassHighway with a cover memo stating the Board's opposition to their decision to the Planning Board, the town's legislative delegation and to EOTC Secretary John Cogliano (McCarter - Dolan) 5-0 Passes Board of Selectmen Minutes of June 8, 2005 4 . , r-- · Letter from Pastor Brian Pendleton of the First Christian Church received May 26th requesting a fee waiver for a building permit to replace an old lawn building with a new lawn building. Motion: To approve the Town's portion of the building permit fees (McCue - McCarter) 5-0 Passes . Correspondence from Town Engineer John Sullivan dated May 27th regarding the fee waiver request for the Sewer I & I Rehabilitation Project. The Town Manager read the proposed amendment to the fee waiver policy and said that he believes that this is what the Board was looking for. Selectman Amoruso said that he was referring to putting the notation of the fee waiver into the bid documents. The Town Manager said, in speaking with Town Engineer John Sullivan, the document did not incorporate the fee waiver into the bid specification. Selectman Amoruso said that the language stating that the town's portion of the fees should not be written into the contract because otherwise the Board's vote is moot. He suggested that the language should say that "the fees may be waived." . Letter from MassHighway received May 27th regarding the Yearly Operational Plan with regards to proposed Herbicide Application along the rights-of-way of cities and towns. . Correspondence from DPW, Highway Division, relative to the municipal roadway vegetation management plan. r Chairman Achille said that this is the 3rd year of a five year program. The Town Manager said that the DPW staff received training to use herbicides and this allows them to receive a permit from the state. Motion: To authorize Chairman to sign municipal roadway vegetation management plan (Amoruso - McCue) 5-0 Passes . Letter from TEC Associates received May 31st regarding the Railroad Vegetation Management Plan. · Letter from Ron Webster received May 31st informing the Board that he has resigned from the Fair Housing Committee and the Housing Partnership Committee. Motion: To accept resignation of Ron Webster (McCue - Dolan) 5-0 Passes · Memorandum from the Bristol County Commissioners Office dated June 2nd informing the Board that the Bristol County Advisory Board Meeting will be held on Thursday, June 23rd at 6:30pm at the Bristol County Agricultural High School. Chairman Achille asked if we could check to see what the qualifications are to be on the Advisory Board and does it have to be a Board of Selectmen member? r Board of Selectmen Minutes of June 8, 2005 5 ~ Correspondence from Town Manager and Staff: . Letter from the Town Manager to Bruce Montgomery, General Manager of the Tweeter Center for the Performing Arts, dated May 25th regarding resident complaints relative to noise and fireworks. . Email from the Town Manager to Planning Director Shaun Burke and Nick Riccio, Inspector of Buildings/Zoning Enforcement Officer, dated May 26th regarding the limitation of the number of private vendor parking spaces for commuter parking. Selectman Amoruso commented that we need to hold a hearing. The Town Manager said that we are looking to get a recommendation from appropriate departments. Selectman McCue asked if we could look into the issue of reimbursing for a police detail and Selectman Amoruso added that it would be important to find out of the associated costs. The Town Manager said that there is the whole issue of transit-oriented development and that this is an evolving issue. Selectman Amoruso said that we need to gauge the reaction of the neighbors, landowners, and parking lot owners. The Town Manager added that we could do two hearings - one on commuter parking and one on commercial/event parking. . Memorandum from the Town Manager to the Board dated May 25th regarding the Isenstein Property at 408 North Main Street. Selectman McCarter noted that this is in response to the events of Town Meeting. r' . Memorandum from Fair Housing Director Shaun Burke dated May 27th regarding the Fair Housing CommitteejMansfield Housing Partnership reorganization. . Correspondence from the Town Manager to Superintendent John Moretti and Asst. Superintendent Linc Lynch dated May 31st regarding a Community Center. The Town Manager said that there is a lot of support for the center, but noted that the Committee studying the issue doesn't seem to be very supportive of the concept - it needs to be separate of the schools and can't use it for school purposes. Selectman Dolan asked if this is fact or the opinion of the Committee and the Town Manager said that it is the opinion of the Superintendent and the developer. The Town Manager said that the Committee met today and noted that he favors a community center and but understands their perspective. He added that this mayor may not become a reality. Selectman Amoruso said that additions to the existing schools will be placed on the SBA list, which is miles long. The Town Manager noted that another issue is finding available land for the center. · Letter from the Town Manager to Jean Martin of ISO dated June 1st regarding Class 4 classification. ~ . Memorandum from the Town Manager dated June 1st regarding the feasibility study investigating the expansion of the High School. Board of Selectmen Minutes of June 8, 2005 6 ~ . Memorandum from the Town Manager to Michele Grenier, Conservation & Environmental Planner dated June 1st concerning wetlands delineation of Stearns Avenue aka Hercules Landfill. . Memorandum from Lt. Walter Crickard to the Town Manager regarding a curfew violation at the Summer Jam Concert on June 4th. Police Chief Arthur O'Neill issued a clarification letter dated June 8th informing the Board that the main stage performance was over at approximately 10:45pm, but the second stage had a performance by a disc jockey that ended at 11:02pm. Selectman Dolan asked to know how loud the music was as be believes that this may have been a little louder than exit music. The Town Manager said that that it wasn't a live performance. Chairman Achille said that the Board should send a letter to Bruce Montgomery asking for clarification. Medline TIF The Medline TIF was approved by the ETA Committee today. He added that one caveat was that the DOR will now play an active role in TIP agreements. He said that the DOR could say "no" after the community and the ETA has already approved it. Selectman Amoruso believes that this will take authority away from the communities. r- New Officials Finance Forum Informed the Board that he and Selectman Dolan attended the DOR's New Officials Finance Forum last Friday in Auburn. Selectman Dolan noted that it was nicely run and interesting - they explained how officials arrive at a tax rate, etc. They also learned that the Town Clerk could sign the warrant if there aren't enough Selectmen to sign. Chairman Achille asked if she can sign it in due course and the Town Manager said that he believes that she can. Local Aid Funding for Mansfield The Town Manager said that the town's numbers have not changed during the state budget process. He met with the town's legislative delegation today and it became passionate at times. One of the issues that concerns him is, as the state abandons local communities, towns are forced to increase fees, take up overrides and make up for the lack of state funding. He noted that all services are local and thinks that the delegation understands his concerns. He feels that we can demonstrate our need, as there may be an additional $55 million in funding. Selectman McCarter asked if this is the money from the supplemental budget and the Town Manager said yes, but it is unclear if this will pass. The Town Manager said that there is a state aid formula and a Chapter 70 formula. In response to Selectman McCue's question about the availability of additional reimbursement for snow/ice removal, the Town Manager said that there was no discussion and he is unsure that reimbursement would happen. ./""'" Board of Selectmen Minutes of June 8, 2005 7 ~ SELECTMAN DOLAN: WPCF Weekly Update Selectman Dolan questioned the recent report from Ken Hackett - is there a typo on the Norton usage amount because some of the amounts have varied dramatically from week to week. Left-turn signals on Route 140/Route 106 He noted that the traffic seems to be backed up more than ever. He said that DPW Director Lee Azinheira spoke with MassHighway and said that both lanes will be able to go straight, so that there won't be backup in the other lane. Elm Street Bridge He commented that the Elm Street Bridge is all done and paved, but that the barrels are still there. The Town Manager said that the barrels will be up for the summer. Selectman Dolan said that the contractor is technically ahead of schedule and Selectman Amoruso clarified that he is ahead of the amended schedule. SELECTMAN MCCARTER: /""'" Crosswalk Painting Selectman McCarter thanked the Town Manager for the crosswalk painting on South Main Street and Webb Place. Compost Area Dumping He asked the Town Manager if anyone has gone down to the compost area and the Town Manager said that he hasn't received a report, but he will check on it with Mike Ahern. Senior Tax Work Program He asked if the senior work program could be extended to electric bills, water bills, etc. and added that he sent an email about the issue to our Representative. Trash Options He noted that the Board has to do something on the trash issue one of these days. He would like to know from Lee on amending the policy to make recycling mandatory to have your trash picked up. Chairman Achille asked if this could be implemented with the contract we have now. The Town Manager said that he believes that we could implement the policy but that we would have to pick up the trash. Selectman Dolan noted that we did have a lot of meetings about this. He added that his recycling bins are filled days before the trash is scheduled to be picked up. He suggested that people could use a big trash barrel for their recycling and that they aren't limited to the small bins. Chairman Achille noted that the small containers create low expectations for recycling. Chairman Achille asked if could have this issue on the agenda for ~- Board of Selectmen Minutes of June 8, 2005 8 r-- the June 22nd meeting. He also asked for information on stickers. Selectman Dolan asked if the Waste Management individual could be present as well. ZBA Openings He noted that there are a couple of openings on the Zoning Board of Appeals. Water Ban He asked if there was a water ban in effect and the Board informed him that they voted prior to his election to the Board that the water ban would take effect July 1st. Selectman Dolan asked if the board and committee vacancies could be listed in the Light Department newsletter and the Town Manager said that we could take care of that. (Amoruso) 5-0 Passes ~~ Signature of Clerk imte 22. 2(J(J5 - Date of Approval r After the meeting adjourned, Selectman Dolan indicated that if he had been present during the beginning of Weekly Business, he would have voted in favor of Warrant Nos. 49 & 50; Regular Session Minutes of the May 25,2005 Selectmen's Meeting; Executive Session Minutes of the May 25,2005 Selectmen's Meeting; Hackney Driver's License applications for James Peterson, Robert Plumer & Benjamin Kerziner and the Medline TIF. r-- Board of Selectmen Minutes of June 8, 2005 9