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Present:
Town of Mansfield
Board of Selectmen
Minutes of May 3, 2006 ~1ANSFIELO
. . . MASSACHUSETTS
Vice Chairman Bernard Dolan, Selectman David McCart~y ancf Seleclman
Louis Amoruso
Town Manager John D'Agostino
RECE\VEO
TOWN CLERJ{S OFF ICE
06 HAY I I PH I: 39
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Motion: To enter into Executive Session for the purpose of discussing contract
negotiations and return to open session at the conclusion
Roll Call Vote: Dolan, aye; McCarter, aye; Amoruso, aye
3-0 Passes
The open session of the Board of Selectmen's meeting was called to order at 7:30pm,
followed by the Pledge of Allegiance.
Mr. McCarter read the public hearing notice from The Sun Chronicle.
Motion: To open the public hearing
r (McCarter - Amoruso) 3-0 Passes
Lee Azinheira, DPW Director, showed a short video on the automated collection. Mr.
Azinheira introduced Mike VanSplinter of the Solid Waste Advisory Committee, Betty
Amicone, DPW Officer Manager/Reycand Mike Ahern, Special Projects Manager and
Jim Nocella of Waste Management. Mr. Azinheira said that the co-mingling recycling
program in the video is currently not available. Mr. Nocella said that the Avon facility
will be able to accommodate that in perhaps the fall of 2006 and that Mr. Azinheira just
found out about this tonight. Mr. McCarter asked if all recyclables can be put into one
container and Mr. Nocella replied that they will.
Mr. Azinheira did a cost analysis of the automated system vs. the current system.
Based on the assumptions discussed last time, the costs are a toss-up. The question
is: what is the direction the town wants to go in. Mr. McCarter asked if the automated
trash and automated recycling systems are working elsewhere. Mr. Nocella replied that
this is not yet done in New England, but it is being used in other places around the
country. Mr. McCarter asked about a pay-as-you throw system using the automated
system and Mr. Nocella said that he wouldn't recommend it.
Mr. Azinheira pointed out that five kitchen bags can fit in one of the 64 gallon
containers. He brought in two of the 64 gallon containers and showed the Board and
the public how they fit. Mr. McCarter asked who pays the barrels and how the residents
,r- get them. Mr. Nocella replied that Waste Management maintains the barrels and the
Board of Selectmen Minutes of May 3, 2006
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cost of the barrels are embedded in the contract. Mr. Azinheira said that they wouldn't
implement the program until April, as they do not want to begin in the winter.
Mr. Azinheira provided a memo to the Board on the budget impacts of new trash
contracts. He noted that the automated has a fixed number of gallons and bulky items
would be picked up monthly (and didn't assume any revenues collected). Mr.
D'Agostino asked what is the total contract amount for the contract that we want to
award (the five year). Mr. Azinheira replied that the cost would be $8,408,000. Mr.
Amoruso asked about adding condominiums. Mr. Nocella replied that condomuniums
could be added into a contract. Mr. Azinheira said that adding condos would be
approximately $65,000 plus tipping, which would add an additional $30,000, to make it
an approximately $100,000 per year. Mr. Dolan pointed out that condo fees include
trash pickup. Mr. Amoruso pointed out that we do not have to make this decision
tonight.
Mr. Dolan asked if the public had any comment.
Angelo Carulli, Boundry Road
Mr. Carrulli commented that he is not aware of how condo tax rates are billed versus
homeowners. He believes we should give condos pickup and perhaps charge a fee for
the service. He is against the larger barrel and has an incline on his driveway, which
could be difficult to use during the winter. On the recycling end, the average house puts
out 1 or perhaps 2 buckets. Mr. Amoruso pointed out that the barrels here tonight are
considered middle sized barrels and Mr. Carulli said that he considers them too big. He
r agrees that white-goods pickup should be continued to be picked up and that the Green
should remain open. Mr. Azinheira noted that there is no recommendation to close the
Green and actually the Town hopes to enhance the use of it. The outside firm would
hauling the things out and provide cost-sharing, but not running it.
Motion: To close the public hearing
(Amoruso - McCarter) 3-0 Passes
Mr. McCarter asked if we went out to bid. Mr. Azinheira said that we went out to bid and
this presentation is his recommendation from those bids. He pointed out that the
recommendations do not include the automated recycling, and Mr. D'Agostino noted
that we would not do automated recycling if it goes above the amount allocated for
traditional recycling. Mr. Amoruso asked for numbers to be crunched with respect to
adding condominiums. Mr. McCarter agrees with Mr. Amoruso.
Mr. Carulli suggested that if you don't want to charge the individual condos, you could
charge the association a fee for entering their property. Mr. McCarter noted that adding
condominiums at the eleventh hour is problematic. Mr. Amoruso suggested phasing in
the addition of condos. Board members discussed the possibility of adding condos to
the contract at some point. Mr. D'Agostino said that we could start meeting with the
associations. He has concerns about establishing the logistics.
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Board of Selectmen Minutes of May 3, 2006
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Mr. D'Agostino said that the Finance Committee wants to know the amount of the
warrant articles before they vote on it. Mr. Van Splinter believes this is a practical way to
go and as the solid waste drops, recycling will increase.
Motion: To approve the automated collection system
(Amoruso - McCarter) 3-0 Passes
Mr. McCarter read the public hearing notice from The Sun Chronicle.
Motion: To open the public hearing on the composition of CIP charter amendment
(Amoruso - McCarter) 3-0 Passes
Mr. Gay, Chairman of CIP and member of the Municipal Building Committee, Dr. Ken
Torman and Mr. John DeMassi from the Planning Board/members of CIP were present.
Mr. Gay noted that two associate members, both from the School Committee, should be
added as voting members. Mr. McCarter serves on CIP and echoes the sentiment and
believes they should be voting members. Mr. Gay noted that CIP voted unanimously to
support this charter amendment.
Mr. Dolan asked for public comment, of which there was none.
r Mr. Amoruso wondered if the article is legal and if there are timing requirements that
mayor may not have been met. He fears that the Attorney General may say that this is
not legal. He noted that he does support this action. Mr. D'Agostino noted that the
Charter Commission needs to be convened if the number of Board members were
increased. Mr. Amoruso noted that in this situation, this is a smaller change. Mr.
D'Agostino noted that this is on the Special Town Meeting warrant. Dr. Torman asked if
there was a mechanism to move it to the Annual and Mr. D'Agostino said that it cannot.
Motion: To support the recommended amendment to the Charter subject to review by
Town Counsel
(Amoruso - McCarter) 3-0 Passes
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Mr. McCarter read the public hearing notice from The Sun Chronicle.
Motion: To open the public hearing
(McCarter - Amoruso) 3-0 Passes
Mr. Sullivan, Town Engineer, noted that he the purpose of this by-law change is to have
a standard addressing system for public safety and emergency response. He noted
that the majority of the present numbering would remain the same. He used Fairfield
,"'- Park as an example and described the problems that could occur with mutual aid issues
Board of Selectmen Minutes of May 3, 2006
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with not specifying an exact address. Mr. Sullivan went on to say that we have been
able to have new units being built use the new standard, with the help of the Assessors
Office, Building Department and Police ahd Fire. He passed out a list of problem
addresses and suggested typical addresses. The Assessors Office would send a
notice to the owners and the owner would have ten days in which to comply. There
would be a fine of $50/day if people were to not comply. Mr. Sullivan noted that this by-
law is to ensure the public safety of our residents.
Mr. McCarter assumed that this was discussed with the Post Office and Mr. Sullivan
noted that we have met with the Post Office. Mr. McCarter asked if we could have done
this without doing it as a by-law and Mr. Sullivan noted that we tried to work with people
but never heard back from them.
Mr. Amoruso noted that he has concerns with the 10-day notice to start and suggested
asking for a longer period to phase and transition in. Mr. Dolan asked if Mr. Sullivan
had any concerns with starting off with a thirty-day notice. Mr. Sullivan noted that we
certainly can amend the article on the floor. Mr. Sullivan suggested that for the first six
months, people will have thirty days and then after that, people would have ten days.
Mr. Dolan asked for public comment, which there was none.
Motion: To close the public hearing
(McCarter - Amoruso) 3-0 Passes
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Motion: To support the proposed bylaw change converting to 30-day notice
(Amoruso - McCarter) 3-0 Passes
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Motion: To open the continued public hearing regarding the Billings Street road
abandonment
(McCarter - Amoruso) 3-0 Passes
Joe Antosca, owner of 96 Highland Avenue in Mansfield and petitioner of the warrant
article was present. Mr. Antosca noted that the driveway and a portion of the land at his
house, which once belonged to his grandmother, is actually on town property. He
believes it was an oversight that this portion was not abandoned in the 1980s. Mr.
Amoruso noted that it would need to be sold at a public auction. Mr. Antosca added that
it is a 4,000 square foot parcel. Mr. Sullivan noted that there are no utilities on the land.
There is land behind it owned by James Puccio. He may have some rights on this
parcel and Mr. Sullivan noted that this is a private matter.
Mr. Dolan asked for public comment.
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Ms. Terry Longley, 88 Highland Avenue, is on the other side of the abandoned property.
She is not opposed to what Mr. Antosca is doing, but has concerns that she doesn't
gain anything from this. She noted that if it went out to bid, it may not necessarily go to
Mr. Antosca or her.
Mr. Antosca noted that he had a survey done and showed it to the Board. Mr. Amoruso
pointed out that the driveway covers the front half of the parcel, which makes it difficult
to split the parcel down the middle.
Motion: To close the public hearing
(McCarter - Amoruso) 3-0 Passes
Motion: To discontinue the way subject to the current abutting landowners coming to
Town Meeting with an agreement to present to Town Meeting on how the discontinued
way would be subdivided between the two
(McCarter - Amoruso) 3-0 Passes
Motion: To make the land surplus, subject to Town Meeting voting in favor
(McCarter - Amoruso) 3-0 Passes
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Motion: To reopen the Nicole Road/Noreen Road street acceptance public hearing
(McCarter - Amoruso) 3-0 Passes
Mr. Sullivan said that the developers have not finished. They have made some
significant progress in the last week, but they have not finished. His said that if the
Board chooses to give them another week, it should include a condition that all items
are to be completed by Tuesday, May 9th so that a final inspection can be done by the
Engineering Department and the Planning Director prior to the May 10th Selectmen's
meeting, at which time the Selectmen will close the hearing and vote.
Motion: To continue the public hearing to May 10, 2006 at 8:05pm on the condition that
the all of the punch list items be completed by Tuesday, May 9th
(McCarter - Amoruso) 3-0 Passes
Mr. D'Agostino noted that CIP met last night and noted that they prioritized the
recommendations. He noted that CIP voted support $274,000 for the Police radio
system and $76,000 for the police station exhaust hood. Mr. Amoruso asked what is
the budget and Mr. D'Agostino said that the ones that CIP are recommending would
come from bond authorizations.
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Mr. Amoruso would like to not vote until all of the budgetary items are done together.
Mr. D'Agostino said that we have the capacity of $1.4 million and we are borrowing
$700,000. Mr. Amoruso asked if the Finance Committee has looked at this and Mr.
D'Agostino said that if the bond authorization is not approved, then none of these go
forward.
Motion: To table CIP articles until next Wednesday
(McCarter - Amoruso) 3-0 Passes
Article 45
Bill Clemmey, owner of Cork's Fine Wine & Liquors, came before the Board and is
asking Town Meeting to petition the Legislature to allow the Town to have an additional
all-alcohol package store license. He believes that the town is underserved with the
stores Mansfield currently has. He noted that Cork's should get the license because it
would be for the good of the people. He added that Cork's is in a large retail area. Mr.
Clemmey said that his store has been a contributor of community organizations. He
believes that the referendum question allowing grocery stores to sell beer and wine will
hurt local businesses if passes and this will help Cork's have an advantage. He did
some research and feels that the population has increased enough to warrant an
additional license. He hopes that the residents will support this article.
Mr. McCarter noted that the next time we are evaluated with respect to the number of
r liquor licenses is 2010, when the federal census comes out. Mr. Clemmey is asking for
the support of the Board tonight. Mr. McCarter asked Mr. Clemmey if the Town has
used this procedure before and Mr. Clemmey said that the Town has not. Mr. McCarter
said that he is not going to support it and believes we should go by the quota system.
Mr. Amoruso noted that Mr. Clemmey came before the Board to apply for the original
license and stated that they would only apply for a beer and wine. Mr. Clemmey said
that we never said we would never apply for an all alcohol license. He said that with
Tweeter in town, there is a seasonal increase during the concert season.
Peter DeTrolio, 496 Elm Street: Mr. DeTrolio noted that he obtained his full liquor
license when the town reached 20,000 people. The law was set up so that no licenses
were issued without the certification of the federal census. He pointed out that the
article states that the liquor license would be solely for Corks. If we have a process, we
shouldn't circumvent the process for one person or business. It sends a wrong
message. Mr. Clemmey said that he has no problem amending the article to say that
the additional license should go to the Town and it could be applied for by anyone. Mr.
McCarter pointed out that this will be up to Town Meeting. Mr. DeTrolio has concerns
about TIPS training in the supermarkets.
Karl Clemmey said that in the Town of Wareham, their Board is petitioning the ABCC for
16 additional package store and restaurants.
r Mr. Dolan noted his concerns about supermarkets getting beer and wine licenses.
Board of Selectmen Minutes of May 3, 2006
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. Warrant No. 45 in the amount of $2,629,168.77
Motion: To approve
(McCarter - Amoruso) 3-0 Passes (Mr. McCarter abstaining from payroll check
#352558)
. Regular Session Minutes of April 26, 2006 Selectmen's Meeting
Motion: To approve
(McCarter - Amoruso) 2-0-1 Passes (Mr. Dolan abstaining)
. Entertainment License for the Tweeter Center for the Performing Arts
Mr. D'Agostino said that he met with the General Manager and was pleased to learn
that they have implemented a better sound system to help with sound issues in the
Tweeter Center and the surrounding area. Mr. Amoruso asked if this has been
circulated around to department heads and Mr. D'Agostino replied that we will do that
and bring it back to the Board.
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. Letter from Beth Flint, Farmers' Market Manager, requesting permission to use the
public parking lot for the Farmers Market from Thursday, July 13th and continuing
each Thursday through September 28th. The time will be between 2:00pm and
6:00pm.
Motion: To approve
(Amoruso - McCarter) 3-0 Passes
. Memo from the Town Manager to collective bargaining agents and union stewards
. regarding union negotiations for fi~cal year 2007.
. Letter from MassHighway confirming a meeting on Wednesday, May 3rd at 10:00am
in Boston to discuss the issues arid status of the Route 106 underpass.
. Memo from Shaun Burke, Director of Planning and Development / Fair Housing
Director, regarding the Fair Housing Committee and the Mansfield Housing
Partnership composition. Mr. D'A$Jostino said that there is an overlap of duties and
responsibilities. Mr. D'Agostino said that he will check to make sure that the two
groups agree.
Motion: To combine the membership of the Fair Housing Committee and the Mansfield
Housing Partnership, effective June 1 st
(McCarter - Amoruso) for discussion
Mr. Amoruso suggested reappointing the members.
Vote: 3-0 Passes
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. Invitation from Pro-Home Inc. to their Annual Meeting on Tuesday. May 23rd at
Benjamin's at 12:00pm.
. Canoe River Aquifer Advisory Committee meeting agenda for Thursday, May 4th at
Foxboro Town Hall. The Canoe River Awareness Day will be held on June 3,2006
at the Mansfield Water Treatment Plant.
. Request from the Downtown Business Association requesting permission that North
Main Street be closed from East St.NVest St. to Chauncy Street for their annual
Family Night on July 12th.
Motion: To approve request for the Downtown Business Association's Family Night on
Wednesday, July 12th
(McCarter - Amoruso) 3-0 Passes
Mr. D'Agostino reported the following:
. Mr. D'Agostino and staff attended a meeting at MassHighway and met MHO
Engineer Chi. He noted that we glot a timeline commitment - they issued a notice to
proceed on May 1, 2006. He went over the design schedule and pointed out that the
r bids are scheduled to go out in May 2007. He noted that MassHighway has
implemented a coordinated team design approach. Town Engineer John Sullivan is
on the team and Mr. D'Agostino hopes that the schedule will stay on track. He noted
that the area will be closed down for two years. They are going to keep Route 106
open with one side in both directions - we will be losing one side of the underpass.
We are back on track and have been assigned a "go to" guy.
. The Board will be hearing on the 1ST TIF article next week. We are looking at
capping the 37,000 sq ft and they!would have to come back to the town. Their
indication to Mr. D'Agostino is that the revenue is going to be the same regardless of
the square footage and if they have to wait to get approval, that would hinder their
plan. Based on the 37,000 sq ft plan, the TIF savings over 7 years is $100,000.
Their payment in real estate taxes is going to be $400,000.
. We are approaching our final preparation for Town Meeting. He will invite the
finance team and hopes to have good news for next week's meeting.
Mr. McCarter reminded the townspeople that Election Day is Tuesday, May 9th. There
are two ballot questions as well so please go out and vote.
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Mr. Amoruso noted that the Board has been invited to the QMS Senior Dinner in case
any Board members can attend. He asked Mr. D'Agostino about the status of the
Campbell Street land. Mr. D'Agostino replied that it is ours and the Town is in control of
the land. Mr. D'Agostino noted that we don't have the infrastructure in place yet
because the legislation is tied up in the Legislature. Mr. Amoruso suggested that we
use some of the Deutsche Bank monies for that project. Mr. D'Agostino pointed out that
we had been collecting checks for the affordable housing trust fund that we can use as
well.
Mr. Dolan asked residents to support Ann Baldwin for Selectman.
Motion: To adjourn at 10:05pm
(McCarter) 3-0 Passes
~? I~ 2~~0'
Date of Approval
Board of Selectmen Minutes of May 3, 2006
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