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HomeMy WebLinkAboutmin brd of selectmen 05032006 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 (' 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 1 I , r 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. r Board of Selectmen Minutes of May 3, 2006 2 r 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 ~".lil,llrl:'$t:f{:~!,~:t:;,,:~,:;,,:,,"jkki; '-,,'- ,---,-",--".- c';*F~ii'}jW'lW':;:~{"'1<t:'~'ii(f'n19~ttfW:$> _,__._ __ x', 'W,:~:K '~ilIruI';.....,. .. A';if'V 'wk , -, _~j__ju.IJi;,::,:,~.I{:;~;;;~~d@;~4s;~lr0;f< ~!!~i;]~;~~;~,;~II!=~!!!~!':!! 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 3 . , r 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 $50/day if people were to not comply. Mr. Sullivan noted that this by- law is to ensure the public safety of our residents. Mr. McCarter assumed that this was discussed with the Post Office and Mr. Sullivan noted that we have met with the Post Office. Mr. McCarter asked if we could have done this without doing it as a by-law and Mr. Sullivan noted that we tried to work with people but never heard back from them. Mr. Amoruso noted that he has concerns with the 10-day notice to start and suggested asking for a longer period to phase and transition in. Mr. Dolan asked if Mr. Sullivan had any concerns with starting off with a thirty-day notice. Mr. Sullivan noted that we certainly can amend the article on the floor. Mr. Sullivan suggested that for the first six months, people will have thirty days and then after that, people would have ten days. Mr. Dolan asked for public comment, which there was none. Motion: To close the public hearing (McCarter - Amoruso) 3-0 Passes r Motion: To support the proposed bylaw change converting to 30-day notice (Amoruso - McCarter) 3-0 Passes '."""'''''1''''''''''''''''_'%'"'%'' . ."""'11.'."...,.,.'.....,.,.".""",.,.,.,,,.,.,.,.,.,,,.,,',.'"'''''.,,,.,,.,.,'',,.,,'',.''''.'.'1.'''..,,..,...,'',,%,,....,',,.,...,'..".."''''.'.'.'.'....'''...'.''.'''''.'''I...'w.'_'. ""'''1'.''''.'....''.'......''.'.'.'.'.......''''''''.'_''.'''1....,",.... ',"+6>>. . ...OM'"" 'ilf . "!F "... ......,.""..,"..@.."I".."."..""..,,""'''',..,. ....."."1.." ,..,..,.", ." '"1.''''' . . .'gg,.. "ml" "",,,~,. ''''''.m '.,' ".- ))il,II"" i.. . ,....).. '.m.,5'/'" i...... .~...."......i.l. ... .J....,. i i i.!.I.' "1.:,lIIi)'ij,:: ... .I." ':. '"ti::;:F) ".i'" ....... ..II,! ".i.. :.......: <,. .' .... .......'. i. t~'liIt".'.!'m"'; '"':,:,~"::::"'I:::::::~:~:~::::i~,~~:""1:8",,&k@'.@. ~~6"'''',~'8'''bX~;;Aw:~I,~~,'ilt:>''~~.:'>~:~h~'');_''''':'''1'_'':f-"I:;:;", ~;,;d\f%\j",;d"'f,:~""I:iM',JiB:'~':::::"A:,~#',~"".(.;>-<<#_$:,w./-:W Wff?'&..&'4 · f~'I'IU. .'*>"'mo:::mm.,"':\~,l"'dt;"":,::::,:::;(<<,,:,<~, 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. r Board of Selectmen Minutes of May 3, 2006 4 r 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 r 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. ,,-... Board of Selectmen Minutes of May 3, 2006 5 r 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 6 . ~ r . Warrant No. 45 in the amount of $2,629,168.77 Motion: To approve (McCarter - Amoruso) 3-0 Passes (Mr. McCarter abstaining from payroll check #352558) . Regular Session Minutes of April 26, 2006 Selectmen's Meeting Motion: To approve (McCarter - Amoruso) 2-0-1 Passes (Mr. Dolan abstaining) . Entertainment License for the Tweeter Center for the Performing Arts Mr. D'Agostino said that he met with the General Manager and was pleased to learn that they have implemented a better sound system to help with sound issues in the Tweeter Center and the surrounding area. Mr. Amoruso asked if this has been circulated around to department heads and Mr. D'Agostino replied that we will do that and bring it back to the Board. r . Letter from Beth Flint, Farmers' Market Manager, requesting permission to use the public parking lot for the Farmers Market from Thursday, July 13th and continuing each Thursday through September 28th. The time will be between 2:00pm and 6:00pm. Motion: To approve (Amoruso - McCarter) 3-0 Passes . Memo from the Town Manager to collective bargaining agents and union stewards . regarding union negotiations for fi~cal year 2007. . Letter from MassHighway confirming a meeting on Wednesday, May 3rd at 10:00am in Boston to discuss the issues arid status of the Route 106 underpass. . Memo from Shaun Burke, Director of Planning and Development / Fair Housing Director, regarding the Fair Housing Committee and the Mansfield Housing Partnership composition. Mr. D'A$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 r Board of Selectmen Minutes of May 3, 2006 7 . . r- . 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. r- Board of Selectmen Minutes of May 3, 2006 8 r r r 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 9