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HomeMy WebLinkAboutmin brd of selectmen 04262006 'rl) HECEIVEO CLERI{S OFFICE Present: Town of Mansfield Board of Selectmen Minutes of April 26, 2006 t-1ANSFIELD Chairman Roger Achille, Selectman David McCarter and SeleM~i~~&IjYSETTS Amoruso Town Manager John D'Agostino 06 MA Y I 2 AM 10: .. 9 r The Board of Selectmen's meeting was called to order at 7:08 p.m., followed by the Pledge of Allegiance. Mr. McCarter read the public hearing notice from The Sun Chronicle. Motion: To open the public hearing (McCarter - Amoruso) 3-0 Passes Town Engineer John Sullivan noted that Sawmill Court completed all of the punchlist items and he recommends acceptance. He noted that he has not heard from any resident concerns about this street. Mr. Achille opened the hearing to public comment, of which there was none. r , Motion: To close the public hearing (Amoruso - McCarter) 3-0 Passes Motion: To support the acceptance of Sawmill Court Street (Amoruso - McCarter) 3-0 Passes ~:';"M'"';E'';:''''%~F_::::~::::::::::i:~_''' - - . - ._.Vff.$..wW-N&'#€(Wg-Pw<<<<"'__~H"??",':e,~;-,~+-:~;-'~~';;-p;;--"-'_~":,":::':'~~:"'~::::~;:::~::;::;::::~::::W~:::~::"_::!.$!~::i!jW.j:ijffi - "".:~"'~::::~::~::::"""".,," ':::::$":B:'-"~w '" , . "".,""""""""., Mr. McCarter read the public hearing notice from The Sun Chronicle. Motion: To open the public hearing (McCarter - Amoruso) 3-0 Passes The Town Engineer said that significant progress has not been made on the punchlist items provided to the developers in November of 2005. He has noted that they have made some progress with the punch list and they have submitted a letter to Planner Shaun Burke indicating that they intend to finish by Town Meeting. He suggests that if the developers complete the punch list items by the end of next week, the Board should vote to support. He has heard from residents that said that their concerns have not been addressed. Mr. McCarter suggested continuing the hearing until next week. r Board of Selectmen Minutes of April 26, 2006 1 r Mr. Achille asked for public comment and there was none. Motion: To continue the Nicole Road/Noreen Road street acceptance public hearing to May 3rd at 9:00pm. (Amoruso - McCarter) 3-0 Passes Mr. Achille welcomed the winners of the Fair Housing Poster Contest. He first asked 3rd Prize Winner Guy Vareewong to describe his poster and presented a citation to Guy. He invited 2nd prize winner Julie O'Keefe to describer her poster. He then presented Julie with a citation. Patrick Maloney, the second prize winner, described his poster for the Board and Mr. Achille presented a citation to Patrick. Mr. Achille noted that the grand prize winner was Kelly Faria and invited her to describe her poster and presented her with a citation. Mr. Achille noted that the Board appreciates the students come in. Mr. D'Agostino suggested recognizing the Fair Housing Committee and Shaun Burke for their help in judging the poster contest. The Board thanked everyone for attending. '1"",'ll'I',I.%"'\"i"""I""""""""_,,m. """111I:1""""""""""""""""1""'"'''''',m,,,,,,,,,,,,,,,,,,ntm,,,m",'Il.,w""..m'W,TNI,'t.'IFN"',W_WIill. .. ....... ... ....""".I""""I""'I""i"I''''''_.'.N.TW''''''' ........._. .. ~".", r 1:",IILClmI,,[II.... .... '.,JII['["I[I.lla;w;,I".:[,: ;\" ,. '\J.:\'~:[,;\,J,,!J" ..'~1[11[1;1 ,,:[IIIIIII~~r"llllllll'lllj Mr. McCarter read the public hearing notice from The Sun Chronicle. Motion: To open the public hearing (McCarter - Amoruso) 3-0 Passes Motion: To continue the public hearing to May 3,2006 at 8:45pm (McCarter - Amoruso) 3-0 Passes . Warrant No. 44 in the amount of $ 440,255.51 Motion : To approve (Amoruso - McCarter) 3-0 Passes (Mr. McCarter abstaining from check #352451 ) . Regular Session Minutes of April 19, 2006 Selectmen's Meeting Motion: To approve (McCarter - Amoruso) 2-0-1 Passes (Mr. Achille abstaining) r Board of Selectmen Minutes of April 26, 2006 2 r . Executive Session Minutes of April 19, 2006 Selectmen's Meeting Motion: To approve but not release (McCarter - Amoruso) 2-0-1 Passes (Mr. Achille abstaining) . Change of Manager transaction of Trifecta Sports Bar's Wine & Malt Common Victualler License It was noted that the manager was unable to attend the meeting tonight and there was a Motion: To table until the Manager comes in (McCarter - Amoruso) 3-0 Passes . Hackney Driver License Application for Richard Goodman Motion: To approve (McCarter - Amoruso) 3-0 Passes . Water Installers License for MRJ Enterprises, 201 Plymouth Street, Middleboro Motion: To approve (McCarter - Amoruso) 3-0 Passes . Drainlayer's License for MRJ Enterprises, 201 Plymouth Street, Middleboro Motion: To approve (McCarter - Amoruso) 3-0 Passes r . Commercial Parking Facility Applications: (all routing slips & documentation are in order- with restrictions (rom Police and Fire) . Foundry LLC Commuter Parking at Train Station . 875 South Main Street Realty Trust, 875 So. Main St. . Nancy Gray McNeeley, 888 So. Main Street Motion: To approve subject to restrictions made by Police and Fire (McCarter - Amoruso) 3-0 Passes . Vote to sign the Special Town Meeting warrant Motion: To sign the Special Town Meeting warrant (McCarter - Amoruso) 3-0 Passes . Letter from Mansfield High School All-Sports Booster Club requesting permission to hold their 5K Road Race on Sunday, May 21st. Motion: To approve the request for the Mansfield High School All-Sports Booster Club to hold their 5K Road Race on Sunday, May 21st. (McCarter - Amoruso) 3-0 Passes . Letter from a resident regarding the proposed barrel limit on trash collection. r . Memo from the Town Manager comparing the average single family tax bill increase to the statewide tax bill increase. Board of Selectmen Minutes of April 26, 2006 3 r . Letter from the Garden Club of Mansfield requesting no more than $5,000 from the Deutsche Bank funds for the beautification of the WWII Memorial site. Mr. McCarter wondered if $2,500 would be enough. Mr. Amoruso had concerns about filling requests for some and not for others but believes the beautification is a worthwhile process. Motion: To transfer $2,500 from the Deutsche Bank funds to the Garden Club of Mansfield for the beautification of the WWIl Memorial for Memorial Day (McCarter - Amoruso) Mr. D'Agostino believes that they need more than the $5,000 requested, but that is what they requested. Mr. McCarter wants them to help beautify before Memorial Day. Vote: 2-1 Passes (Mr. Amoruso opposed) . Memo from the Town Manager regarding water shut off notices. . Letter from SRPEDD regarding appointment to the SRPEDD Commission and the Joint Transportation Planning Group Committee. ACTION (Board may want to reappoint Bill LeBlanc as the Selectmen Representative and Lee Azinheira and John Sullivan as Delegate and Alternate Delegate to the JTPG Committee respectively) Motion: To appoint Bill LeBlanc to the SRPEDD Commission, subject to his acceptance (McCarter - Amoruso) 3-0 Passes Motion: To appoint Lee Azinheira and John Sullivan as Delegate and Alternate r Delegate respectively to the Joint Transportation Planning Group Committee (McCarter - Amoruso) 3-0 Passes . Letter from Police Chief Arthur O'Neill requesting, in conjunction with the Mansfield Public Schools, that the Board consider a portion of East Street a no parking zone from 6:30am to 8:00am. Mr. McCarter read the letter from Superintendent Moretti. He noted that this request was also made by the Police Chief Motion: To consider the portion of East Street a no parking zone from 6:30am to 8:00am., effective May 15th (McCarter - Amoruso) for discussion Mr. D'Agostino said that the parking restriction is for the students and that they park on the street because there isn't enough parking onsite. Mr. Amoruso questioned why not make the restriction all day and noted that it is no less dangerous when school is letting out. Mr. McCarter asked if we should make a start date and suggested May 15th. Mr. D'Agostino noted that he would find out about a restriction for the entire day. Vote: 3-0 Passes . Memo from the Town Manager to department heads asking them to review their FY07 budget requests to arrive at a bottom line 3.9% total departmental increase. r Board of Selectmen Minutes of April 26, 2006 4 r ANNUAL WARRANT: Mr. D'Agostino said that article 7 deals with the money the Town pays for the expenses of educating Mansfield students who attend Southeastern Regional School. The question from the Board was if the number is accurate and Mr. D'Agostino noted that he received written notification from the Southeastern Superintendent that the number is accurate. Motion: To support Article 7 (Amoruso - McCarter) 3-0 Passes Articles 29 & 30 on the Annual Town Meeting warrant are easements and these articles are supported by the Town Engineer. Mr. D'Agostino said that the Engineering Department has worked with the owner of a building lot on Fox Street in order to provide a sewer line that will not only serve the owner's house lot, but also provide a municipal sewer connection that can be connected in to by other properties in the future. Article 30 is looking for the sewer easement back. The Engineering Department received a request from a South Main Street resident for the Town to return an abandoned sewer easement across his land. The Engineering has reviewed this easement and it is no longer required. Mr. D'Agostino added that the owner has prepared a stamped survey plan to specifically define the easement in question. It is dry and inactive and we will supervise the capping of it. r Motion: To support Article 29 (Amoruso - McCarter) 3-0 Passes Motion: To support Article 30 (Amoruso - McCarter) 3-0 Passes The Board had a question about Article 5 deals and whether or not it included the rate increases. Mr. D'Agostino said that the rate will be a phased-in rate to build up enough revenue to make those improvements. Mr. D'Agostino said that the rate is proposed to 17 -20% increase. The operating aspect would increase 8%. Motion: To table Article 5 until the Finance Committee has reviewed this article (McCarter - Amoruso) 3-0 Passes Mr. Amoruso wanted to know how much the rates will need to be increased to meet the 8% operating expense. SPECIAL TOWN MEETING: Article 11: This article deals with a gift of land from a resident of Foxboro to the Town of Mansfield. It is approximately 6 acres and is near town wells. The Engineering Department will do a site visit. The Engineering Department is recommending acceptance pending approval of a 21 E. Mr. McCarter asked why the person wants to give the parcel to the town. Mr. D'Agostino believes that the person would want to get ,,-. Board of Selectmen Minutes of April 26, 2006 5 rid of the parcel off their tax rolls. Mr. D'Agostino noted that this land will protect our r- well sources. Mr. D'Agostino told the Board that he is having staff take a look at this. Article 6: Article 20 of the 2002 Annual Town Meeting authorized the borrowing of up to $600,000 for the design of a Water Treatment Facility as part of the $6,750,000 approved for the completed project. The Treasurer borrowed the full $600,000, but only $545,000 was spent on the design. We would like to spend approximately $13,000 of the balance for expenses related to the truck wash. This is only a technicality because we are still spending below the authorized $6,750,000. Mr. McCarter noted that Mr. Clemmey wrote a letter asking to speak to the Board on his petition warrant article and he asked Mr. Clemmey to speak. Mr. Clemmey indicated that he is not prepared to speak on the article tonight, and asked to come back next week. Mr. Achille agreed to place Mr. Clemmey on the next meeting agenda. ._II.tl_lf_II.111111_11_~m 111,_ The FY07 operating budget for the Mansfield Municipal Electric Department was discussed. r Mr. McCarter read the public hearing notice from The Sun Chronicle. Motion: To open the public hearing (McCarter - Amoruso) 3-0 Passes Atty. DeNapoli, attorney for TGI Friday's, was present. He has represented TGI Fridays for eighteen years. The restaurant will be approximately 6,000 square feet and will employ 80-100 people. The manager of record is Steven Rossetti - he is now a district manager. As we get closer to the opening date, we will before you for a change of manager once we identify who the manager will be. Their policy is to put the district manager as the manager of record until the restaurant is up and running. Mr. McCarter asked if the license is needed for financing purposes. Atty. DeNapoli said that this license is not needed for that reason. He knows that we have to go to the building process. We have a boom occurring and are currently working on several stores at this moment. Mr. D'Agostino noted that we won't have many licenses left after the build out at Mansfield Crossing. Mr. Amoruso expressed concern about tying up a license for a period of time. Mr. Amoruso asked where on the site it will be. Atty. DeNapoli noted that he was not sure and added that there will be several other restaurants opening up on the site. Atty. DeNapoli is aware that TGI Friday's will not get their license until they have received the necessary permits from the town, including an occupancy permit. Atty. DeNapoli noted that the lease has been finalized, and it is contingent upon this license. r- Board of Selectmen Minutes of April 26, 2006 6 Mr. Achille opened up the hearing for public comment, of which there was none. r- Motion: To close the public hearing (Amoruso - McCarter) 3-0 Passes r- r Motion: To approve the application of TGI Friday's for an All Alcohol Common Victualler license, subject to receiving an occupancy permit (McCarter - Amoruso) 3-0 Passes Board thanked Atty. DeNapoli for coming in. Mr. D'Agostino reported the following: . He announced that the Water Department is one of the top 5% water departments in the Commonwealth. He congratulated Kurt, Lee and the Water Department staff. . He spent time with staff last week and asked them to reduce their operating budgets to a 3.9% budget. We are $120,000 shy of the target of the 3.9% of the town's side. He has some impact statements that the Board needs to hear and read the statement of the Fire Department, written by Fire Chief Robert Bellavance. "As directed and in opposition with my minimum recommendation, the fire department FY07 budget request has been reduced to comply with the 3.9% guideline. The net impact of this reduction is the elimination of desperately needed emergency personnel additions as have been described as being necessary beginning with Chief Sliney in the FY02 budget. Since the addition of personnel in 1998, the department call volume has increased by 30%. This coming year, I anticipate that we will easily exceed 3000 emergency responses, almost 2/3 of which will be medical emergencies. It is absurd to expect the same number of personnel who handled 2000 calls eight years ago to handle an additional 30% increase in calls today. This creates a potentially dangerous situation for both the responders and the persons in need of our help. In the best case scenario, with the addition of the requested four personnel, we still will be deficient in the amount of personnel needed to adequately attend to the current demands of the community. Current staffing is 7 members on duty split between two stations. The FY07 requested staffing would maintain 8 members on duty. The optimum staffing requirement, in my opinion, for these two stations today is at least 10 responders on duty. By reducing the budget request, thus eliminating the possibility of added personnel to deal with our growing community, we are forced to staff at sub par levels. In 1974 when I was appointed to the department, my position increased the staffing of the duty group to 4. 32 years later, the staffing has not even doubled, despite the fact that the population has grown by over 200 percent and the call volume has grown by 250 percent. Previously I have reported that the four new positions can be funded almost entirely by projected increased revenues made possible by improvements that have been made in collections and the rate increases for ambulance service. If those revenues are not used for the much needed personnel for this department, then the benefactor Board of Selectmen Minutes of April 26, 2006 7 will be some other department or project, hopefully as deserving and in as much a r dire need for resources as we are." He read a budget impact statement from Police Chief Arthur O'Neill as well. "The Mansfield Police Department has recognized the need to expand in order to meet the needs and demands of our growing community. We have expanded our commercial and residential base already on line and some very large projects about to come on line or soon to be built. All of these entities will require an expanded police presence for these principal reasons: Our traffic concerns are growing and will increase geometrically with all of the new commercial and residential endeavors. The police department is tasked with keeping traffic moving smoothly and safely. This can only be done with police officers and cruisers on the road patrolling busy or problem areas. Even in the best of circumstances the great influx of vehicles and persons either living or doing business here will generate a great deal of need for additional police services. Crime suppression and traffic enforcement: An uncountable amount of crime and traffic problems are quietly eliminated or suppressed by the diligent daily, and nightly, work of our officers. The suppression of crime and the prevention of traffic collisions, injuries and deaths, something very hard to measure, at least as important to the police and the community. If the Mansfield Police Department does not expand in a proper, orderly manner to meet the challenges we will simply be spread too thin to properly police our Town. From hiring to finally sending an officer out on patrol alone the process, if done right, takes about one full year. We are facing a ticking clock in the race to have our police department ready to properly meet our coming challenges. We are taxpayers r- ourselves and we recognize and share the burden that our fellow citizens and taxpayers face. The proposed expansion is, however, indispensable to enable the type of professional police protection that the Town of Mansfield, its citizens and its businesses expect and are entitled to." Mr. D'Agostino read a statement from the Police Chief on behalf of Police public safety dispatch. "Mansfield Public Safety Dispatch consists of nine dedicated full-time professionals. A constant effort is always made to maintain two or three part-time dispatchers to be available when the need to cover shifts comes close to overwhelming our full-time personnel. As in any human endeavor, there is ebb and a flow as personnel turn over. Training part-time dispatchers is just as expensive and time-consuming as training full-time dispatchers. The duties and responsibilities are, after all, the same. Ideally, we should be prepared to meet the demand caused by the natural turnover of personnel. We attempted to address this in our original budget proposal. To meet the mandated budget level we have severely compromised or eliminated our ability to maintain a competent back-up dispatch pool as well as our ability to locate, hire and train replacement full-time dispatchers should any unanticipated openings occur." Mr. D'Agostino noted that we are going to look at reducing an additional $120,000 for next week. Mr. McCarter noted that the Finance Committee has asked both town and school to reduce. Mr. Lazzara said that Mr. Moretti will be producing a budget for the School Committee next week that will reflect a reduction in its budget. Mr. McCarter commented that we will not gain any new employees and Mr. D'Agostino said that he r- Board of Selectmen Minutes of April 26, 2006 8 r r r will have to look at eliminating current personnel. Mr. McCarter asked if it is possible to have someone look at helping us to reduce our budget. Mr. D'Agostino noted that he relies on the expertise of our department heads. Mr. Achille asked if there is a force reduction on the school side and Mr. Lazzara said that he anticipates that were would need to be something. Mr. D'Agostino said that reduction of personnel is on the table and he has no where else to go. He could eliminate the gap with the additional revenue from the ambulance receipts, but he has firefighters that are desperately needed. He will need to cut somewhere else and he will continue to talk with staff. Mr. McCarter noted that he is really concerned with reductions in public safety. He believes that we need to be more pro-active in diwying up the money. Mr. D'Agostino said that if we don't add personnel to Police and Fire, there is a huge public safety gap. Mr. McCarter asked Mr. Lazzara and the Finance Committee to look into finding resources to add a firefighter, paramedic, police officer, etc. Mr. Lazzara said that right now, we do not have another funding source. Mr. D'Agostino said that there has been an increase in state aid, but if you look at the aid number today and compare it to before the economic downturn, our funding level is at the 2002 levels. Mr. Achille noted the budget is always in the hands of the residents - he encouraged residents to attend and voice their concerns on issues that are important to them. He noted that what Mr. D'Agostino said is alarming and added that public safety is as important to him as a parent as education is. Mr. D'Agostino noted that he will have more information next week for the Board. He reminded his department heads that he wasn't asking them to reduce from level funding, but rather increase only 3.9%. Mr. McCarter pointed out that we are in better shape than some of the communities around here. Mr. McCarter read the public hearing notice from The Sun Chronicle. Motion: To open the public hearing (McCarter - Amoruso) 3-0 Passes Town Engineer John Sullivan and Asst. Town Engineer Rick Alves were present for the hearing. Mr. Sullivan noted that he met with the Board several months ago and presented a more detailed presentation. This has also been reviewed by Town Counsel. The proposed stormwater management by-law is needed to provide authority and regulations to address stormwater runoff control during and after construction. It is also needed to clean up that presently get discharged into streams, rivers, ponds and wetlands through the municipal drainage system. The by-law will also help to prevent additional stormwater runoff pollution from new construction. Mr. Sullivan went on to say that the by-law is in two parts: Part A: Illicit discharges to drainage system and Part B, entitled the stormwater management and land disturbance. Board of Selectmen Minutes of April 26, 2006 9 ,,- The purpose of Part A is to regulate illicit connections and discharges to the municipal storm drain system for the protection of Mansfield's water bodies and groundwater, and to safeguard the public health, safety, welfare and the natural resources of the Town. DPW will administer, implement and enforce this by-law. The main objectives are to prevent pollutants from entering the drainage system and to establish legal authority to ensure compliance. The main provisions are: prohibits the dumping or discharging of pollutants into the drainage system, prohibits obstruction to normal stormwater flow, criminal or non-criminal penalties of not more than $300/day and a 180-day transition period. Exemptions include firefighting, state of emergencies, waterline flushing, foundation drains or sump pumps, irrigation, residential car washing, low chlorine swimming pool water, discharge during street sweeping and dye testing. r Mr. Sullivan noted that the purpose of Part B is to provide the authority and permitting procedures to control stormwater runoff during and after construction, so as to not impair the Town's water quality, and to comply with the Town's EPAlDEP Stormwater Permit. The Conservation Commission shall administer, implement and enforce this part of the by-law. Projects falling under the Wetlands Protection Act would be exempt from filing for a separate Land Disturbance Permit. The main objectives of Part B is to protect water resources, control the volume and rate of stormwater runoff resulting from land disturbance, ensure the adequate long-term operation and maintenance of stormwater systems, and to establish the legal authority to ensure compliance. The main provisions of Part B are: Conservation Commission will now review a Land Disturbance Permit application for projects resulting in disturbance of an acre or more of land; requires inspections and monthly reports during construction by the permitee; requires a recorded operations and maintenance plan with certified annual reports; and criminal or non-criminal penalties of not more than $300/day. Mr. Sullivan said that the bylaw authorizes the creation of the stormwater management regulations. He noted that this is the by-law that is before the Board and asks for the its support. Mr. McCarter asked how the fine will be enforced. Mr. Sullivan said that the Conservation Commission would enforce the fine and they are allowed to enforce the fine under this by-law change. This general by-law change is based on the Massachusetts model and a model from the Town of Walpole. Mr. Achille asked for public comment, of which there was none. Motion: To close the public hearing (McCarter - Amoruso) 3-0 Passes Motion: To support Article 32 (Amoruso - McCarter) 3-0 Passes r Board of Selectmen Minutes of April 26, 2006 10 r Mr. McCarter: . Asked about the status of the Tweeter license. Mr. D'Agostino noted that he and Mr. Montgomery are meeting early next week. Mr. McCarter presented a plaque to Mr. Achille and noted that Mr. Achille contributed a lot as Selectman and Chairman and greatly respects him. Mr. McCarter will be sorry to see him go. Mr. Amoruso noted that people have really appreciated Mr. Achille on the Board and especially as Chairman. Mr. Amoruso will miss Mr. Achille and hopes that Mr. Achille will remain involved in the Town. Mr. Achille thanked the Board for the plaque. He has been humbled to serve the Town on the Board. It has been a privilege to work with the staff and the other Board members. Motion: To adjourn at 9:30pm (Amoruso) 3-0 Passes r Signature of Clerk ??1? ~ 2~~~ Date of Approval r- Board of Selectmen Minutes of April 26, 2006 11 , T