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HomeMy WebLinkAboutmin brd of selectmen 06212006 Present: RECElVEO rr'.,J r:L ERKS OFF ICE 06 JUL '0 PH I: I 2 r1ANSFIELD MASSACHUSETTS Vice Chairman David t\1cCarter, Clerk George Dentino, Selectman Louis Amoruso and Selectman Michael McCue John O. D' Agostino, Town Manager Town of Mansfield Board of Selectmen Minutes of June 21, 2006 r- I The Board of Selectmen's meeting was called to order at 7:00pm, followed by the Pledge of Allegiance. Lou Andrews and Phil Finer from the Airport Commission were present. Commissioner Howard Fiske arrived at 7:06pm. Mr. Andrews began by saying that the Mass. Aeronautics Commission (MAC) have reworked how they do grant assurances. MAC is now requiring that the local Airport Commission and the Board of Selectmen/Mayor sign the grant assurances. Some towns were using airport money for town projects, so this new requirement is to prevent that from happening. f' Mr. Andrews said that we get grants from the FAA and MAC. The grant assurances mean that the Airport needs to abide by Mass. General Laws as well as FAA regulations and that the Airport Commission follow the terms of the grant and that we cannot use the money for any other purpose than what the grant was given for. Mr. Andrews said that Mansfield is doing everything by the books. We are applying for a grant for snow removal equipment now from MAC. Mr. Andrews provided figures on how much money the Airport has received from MAC and the FAA. MAC wants the Selectmen to back up the signatures. Mr. McCue said that it is a shame that some municipal airports have forced airports like Mansfield to go through this extra process. Mr. McCue doesn't have any problems voting to authorize the Vice Chairman to sign the document. Mr. Dentino asked if the Commission cannot apply grants without this and Mr. Andrews said that is correct. Mr. Andrews added that MAC and Town Counsel have reviewed the grant assurances and made changes where necessary. Mr. Amoruso asked if the Board has the authority to make a commitment for 20 years. Mr. D'Agostino said that Town Meeting has the authority and the Airport Commission does as well. Mr. Amoruso has problems with section E with respect to reorganization of the Airport Commission. Mr. Amoruso pointed out that he is favor of signing this but has concerns about these issues. He doesn't mind voting to authorize the signature r- but would like these issues clarified down the line. He believes that Town Meeting will need to vote to authorize the Board to do such. Mr. D'Agostino suggested a blanket Board of Selectmen Minutes of June 21, 2006 1 r Town Meeting warrant article authorizing the Board of Selectmen to enter into agreements. Mr. Amoruso is concerned about the actual cross t's and dotted I's. Mr. Dentino asked if we can postpone voting on this until Mr. Amoruso's questions are answered. Mr. Andrews said that we can have Town Counsel look at it on the issues of duration and reorganization of the Commission. Motion: To approve signing the proposed grant assurances, subject to the following questions being answered: Can the Board sign an agreement for 20 years and can the Board not attempt reorganize the Airport Commission? Can this be done outside the Charter? (Amoruso - McCue) 3-1 Passes (Mr. Dentino opposed) On July 22nd from 10am-12pm, there will be an Open House at the Mansfield Municipal Airport. Mr. Andrews invited the Board, the Town Manager and the general public to attend. r Steve MacCaffrie, 236 Mill Street, showed the Board a white bath mat that is discolored. Kurt Gaffney, Water Operations Manager, replied that the plant went online in September. We have had a considerable amount of construction and the system has been stirred up. The water leaving the plant has had iron and manganese removed. We flush twice a year. Mr. McCarter added that it will not be overnight. Mr. MacCaffrie asked if a member of the Board can sit on the TOD committee to get a warrant article together for transit oriented development. Mr. McCarter doesn't believe that there has been consensus on the proposed plans. Mr. D'Agostino said that the TOD grant money has run out; there has been little consensus between the landowners; little consensus between the Planning Board and the Board of Selectmen. Mr. Dentino said that the one positive thing he has seen is that the Planning Board now has a positive approach - to develop a traffic plan and to get the infrastructure ready for additional traffic. Lastly, Mr. MacCaffrie doesn't believe that the approach for the criteria of distribution of Deutsche Bank funds should be developed from a bank's criteria. He doesn't think some of the organizations are deserving of the money. Stan Feck, 494 Stearns A venue, asked about the water situation on Stearns Avenue and is coming to find out what the Board can do. Mr. McCarter said that it is coming on the agenda in a few minutes and Mr. Feck can speak to the issue then. r- Board of Selectmen Minutes of June 21, 2006 2 . r r Mr. McCarter asked Mr. Lapierre to tell the Board a little about himself. Mr. LaPierre has lived in Blackstone for many years and works in Wrentham. He has served as Constable for the past 11 months and has done it independently for about 8 years as a process server. Mr. McCarter asked if he has had any actions brought against him and Mr. Lapierre replied that he has not. Mr. McCue asked where else he has worked as a process server and Mr. Lapierre replied that he has worked in Woonsocket, RI and Burrillville, RI. Mr. McCue asked Mr. Lapierre why he chose Mansfield. He has a friend who is a Constable here and suggested that he apply. Mr. Dentino asked how constables get their work. Mr. McCarter replied that individual attorneys hire them. Mr. D'Agostino noted that the town uses constables to post warrants, etc. Mr. Dentino noted that the application has gone to the Police Department. Mr. McCue asked if we should limit the number of constables, after Mr. Lapierre. Mr. McCue asked if he is bonded and Mr. Lapierre replied that he is. Mr. McCue suggested that we look to see how many constables other communities have. r- Motion: To appoint Gerald Lapierre as a Constable in the Town of Mansfield for a three year term (McCue - Amoruso) 4-0 Passes Further Motion: To appoint for a three year term (McCue - Amoruso) 4-0 Passes Lee Azinheira, DPW Director, and Kurt Gaffney, Water Operations Manager, were present. Mr. Azinheira pointed out that the Mansfield water line ends at Carriage House Lane and the Easton water line ends on Stearns Avenue across from the Hercules site. There is approximately 775 feet between the two. You can see the Feck residence on one of the corners of the Hercules site. Mr. McCarter recalls that the Town of Easton is providing water to several houses. Mr. Azinheira replied that it is five houses/8 units. Mr. Gaffney added that Easton has been providing water for 8 years. Mr. McCarter asked about benefits of servicing these houses. Mr. Azinheira added that we service the line even though it is Easton water and this extension will enable Mr. Feck and others to tie in. Mr. Feck pointed out that is state law that we would need to help Easton in an emergency and vice versa. Mr. Gaffney said that Easton is eager to get out of the water business in Easton. r- Board of Selectmen Minutes of June 21,2006 3 . ~ r- Mr. Feck said that he has been in the house since 1999, and he got a call from Mr. Leite and Hercules asking to check the well. Mr. Feck understood that the contamination was contained. Mr. Feck suggested getting the dump properly capped. Mr. Dentino asked about the contamination in the well and what exactly it is. Mr. Feck said that they don't know enough about the chemical. Mr. Dentino said that he has not found a report that the chemical in question is harmful. Mr. Azinheira noted that the Health Agent has concerns that if this found its way, what else could find its way. Mr. Dentino referenced a 1999 report. Mr. Feck added that it comes down to property value and that he has to disclose that it is in his well if he was to sell his house. Mr. Dentino referenced various well tests, which he says there are no reports that state that there is anything bad in the wells. Mr. McCarter said that there are two issues: one is taking over the water line from Easton and the other is connecting the lines. Mr. Azinheira pointed out that the extension would be 775 feet. Mr. Azinheira said that this issue was brought to his attention by the Health Department. Mr. Azinheira said that Easton would agree to tie Mr. Feck in to their system for 2 years, so that Mansfield can work on the connection. r Mr. D'Agostino asked for the cost and Mr. Gaffney said it is between $80,000-$100,000. Mr. Gaffney intends to make it part of a larger project, so it will cost less. Mr. D'Agostino pointed out that we wanted to hook up Mr. Feck several years ago but Easton denied it. Mr. Dentino expressed his concern for this project. Mr. McCue said that he is of the mind that the combination of public health concerns and the possibility liability far outweighs what may be done with those 4 or 5 other properties. He added that if we did nothing, we open up the Town to lawsuits. Motion: To approve 775 feet extension of the water line on Stearns Avenue, as well as the service line from the existing Easton main to the property line. (McCue - Amoruso) for discussion Mr. Gaffney said that we will be charging them a water connection charge. Mr. McCue believes it is money well-spent. Vote: 3-1 Passes (Mr. Dentino opposed) r- Board of Selectmen Minutes of June 21, 2006 4 f' John Sullivan and Rick Alves from the Engineering Department were present and wanted to advise the Board on work to be done on Brown Avenue/Brown Terrace. Mr. Sullivan noted that these roads have been in need of repair for some time. Along with repairing the roadway we tried to obtain an easement for an existing encroachment of these two roadways on the property of two abutters, but could not reach an agreement. Mr. Alves began by stating that excavation will occur on a hill to relocate the roadways, a portion of the water main, and about three utility poles to eliminate the existing encroachments. The work includes full-depth reclamation of the existing paved surface, installation of a piped drainage system with a stormceptor for water quality and a detention basin prior to discharge to the adjacent wetland. Mr. McCarter asked if it involves land takings. Mr. Sullivan replied that no land takings are required. Mr. Sullivan pointed out that neighbors have been advised and he has spoken with a few. Mr. Amoruso asked who put the road where it is now and Mr. Sullivan replied that is unclear. r Mr. Azinheira said that we haven't programmed when reclamation will be, but we wanted the Board to be made aware so that the DPW can do some of the work on the curve (earth moving) in the fall. The road is in bad shape. Mr. McCue asked about programming in the worst roads and Plain Street. Mr. Sullivan said that we will be looking at the worst roads and will be making recommendations soon. Motion: To support (Amoruso - McCue) 4-0 Passes Official meeting minutes for the Light Commissioners Meeting were recorded by the Light Department. General subject matter included the following items: . Financial Statements for Apri120006 . Internal Services Charges for FY06 . Discussion of Impact of ISO Decision Regarding Canal Generating Plant r- Board of Selectmen Minutes of June 21, 2006 5 f' Mr. McCarter announced that he will move goals and objectives until after Town Manager's contract. Mr. D'Agostino provided the Board with a scenario to fill the vacancy of the seat held by Chairman Bernie Dolan. Town Clerk Helen Christian had provided that scenario, which would have the special election taking place on September 19th. Mr. McCarter noted that it is the date of the state primary. Mr. D'Agostino added that there will be separate ballots. Mr. McCue noted that it is essentially two elections. His understanding that Helen will need a separate set of wardens and election workers. Mr. D'Agostino said that when he and Helen spoke, her intention was to use the same workers. The issue is that you cannot hold a town election using a state ballot. Mr. Amoruso noted that he spoke with Ms. Christian and she indicated that she would use the same people for both. Mr. Dentino pointed out that it will cost less to have the special election on the same day as the primary. Mr. Amoruso said that Helen is planning on color-coded ballots to differentiate. ~ Motion: To hold a Special Election on September 19, 2006 as outlined in the June 8, 2006 memo from the Town Manager to the Board of Selectmen (McCue - Amoruso) 4-0 Passes Mr. McCarter announced that the last day to submit nomination papers to the Town Clerk is Tuesday, August 1,2006 and the last day to register to vote is Wednesday, August 30, 2006. Mr. D'Agostino said that Ms. Christian will have nomination papers ready for the candidates once the Selectmen call for the Special Election. Mr. McCarter said that Mr. Amoruso and Mr. McCue met as a subcommittee to work out a new Town Manager's contract. The Board has previously voted to offer a new three-year contact to Mr. D'Agostino. Mr. Amoruso said that we are proposing a deferred compensation increase to 10%. He added that we are proposing a percentage increase for salary (3% in year one, 4% in r- year 2 and 3% in year 3). Mr. McCarter asked if the amount in the contact, $132,263.96, is for this year and it was noted that it was. Mr. McCarter asked that if the Town Board of Selectmen Minutes of June 21, 2006 6 (' Manager gets a satisfactory performance review, when would the raise go into effect. Mr. Amoruso said that this contract doesn't go into effect until December, and it is his understanding that the raise will not go into effect until July 1, 2007. Mr. McCue asked why a performance review is done in November and Mr. D'Agostino replied that it is done based on his date of hire. Mr. McCue suggested a performance review be done in the spring and done closer to the end of the fiscal year. Mr. Dentino believes that the sentence after the addition of the language relative to percentages is contradictory to the next sentence which talks about the Town possibly increasing the base salary. He believes it is over and above what he can get. Mr. McCue believes that the review should occur closer to the beginning of the fiscal year, possibly April 1. Mr. Amoruso said that the salary review needs to be done prior to the budget being created. Mr. McCue said that the maximum he could ask for would be 3% in the first year. Mr. Amoruso said that you would want to do a review before the Town Election. Mr. D'Agostino said that he doesn't have a problem with 3%, 4% & 3%. The intent was to provide for one salary increase per year. Mr. McCarter suggested modifying the contract and allow the Town Manager to review the changes and get back to the Board. r Mr. Amoruso suggests that the Board discuss the Town Manager's current salary for an increase effective July 1, 2006, so that the base salary is accurately listed in the contract. Mr. McCarter suggested that the Board discuss the 2007 raise and contract at the Board's next meeting. He asked the Town Manager to provide other Town Manager's salary comparisons. Mr. McCue suggested that the goals/ objectives be for FY07, not 2006, as the year is half over. Mr. Amoruso's Goals: . Develop or get under way the development of a health care living center (affordable) for Mansfield residents (and others as space allows). . Bring some clear resolution to the train station development zoning and approach. . Continue the consolidation of town departments and of the school operations with the town operations. . Continue to encourage business development in the industrial park. . Improve the downtown properties to maintain and increase business and to benefit small businesses. r- Board of Selectmen Minutes ofJune 21, 2006 7 f' . Help the Board improve the process of accepting and distributing monetary donations. . Work to get Town Meeting materials out sooner and more accurately - perhaps establishing a cutoff or deadline for data to be presented. . Continue to work to improve roads and other critical infrastructure needs. (For example, if we know the Route 106 underpass will be closed by X, then the roads taking up the slack should be in very good shape before X). Mr. McCue commented that Mr. Amoruso has touched upon many of his own goals/ objectives and offered his own additional priorities: . Continued development in the industrial park. . Make the downtown area a destination area. . Create additional affordable housing. . Work on the utilization of the Fales and Homestead properties. . Promote the updating of the Master Plan. Mr. McCarter believes that it should be done in conjunction with the Planning Board. Mr. Dentino offered his goals/ objectives: . Coordinated effort between the Planning Board and the Board of Selectmen with respect to the Transit Oriented Development. r . Utilization of the Hatheway-Patterson site on the westerly side and to work with the landowners . Would like the Town to work more as a business and spend like a business - it would be more fiscally responsible . Would like the Board of Selectmen to recognize the fact that Town Accountant works for the Board and do a check & balance - oversee and represent the Board of Selectmen Mr. McCarter's noted that most of his goals/ objectives have already been taken but offered additional goals/ objectives: . The need for more public safety personnel. . North Common sprucing up - even just putting out nice trash barrels. . Perhaps using the Fales or Homestead for the YMCA to run a teen center. Mr. D'Agostino said that the Board will see some exciting plans for the Fales Property soon. One of the issues that we need to be mindful of is the downtown revitalization project. The successful ingredient is destination and how you bring people in. He noted that the new apparatus cannot fit in the current North Main Street Fire Station and would like to see the station moved to Route 106. We have design standards for the downtown and hopes to use grant monies for the revitalization. The need to improve our infrastructure is important - we are in serious need of an investment of money for improvements. He hopes to move the Fire Station out onto Route 106. He concurs r- Board of Selectmen Minutes of June 21, 2006 8 IT r- about the need for athletic fields and pointed out that the TOD project is important. The budget process could always be improved and he puts together a financial team to begin to gauge revenue and he would like to continue with that team. We are budgeting and spending very tightly. Our financial house is always in need of review. Mr. D1Agostino asked if the Board would like to prepare a listing of the goals( objectives and outline his responses to each. Mr. Dentino asked if the MMAS is considered to use either property. Mr. D'Agostino replied that a proposal is under review for the MMAS to use the Fales Property. There are issues as to whether it is suitable for a performing arts facility. Mr. Amoruso spoke with Doreen Tighe of Bookends, who believes that we need to attract people to come in to the downtown during the daytime so that businesses like bookstores will profit from the increased traffic. Mr. Amoruso added that balance is not easy. Mr. D'Agostino said that he is hoping to get a downtown consultant to work with the local businesses. Mr. Amoruso expressed concern that the store fronts in the condo buildings do not provide adequate retail space. r . Warrant No. 51 in the amount of $3,313,091.94 Motion: To approve (Amoruso - McCue) 4-0 (Mr. McCarter abstaining from check #354216) Passes . Warrant No. 52 in the amount of $546,923.03 Motion: To approve (Amoruso - McCue) 4-0 (Mr. McCarter abstaining from check #354723) Passes . Regular Session Minutes of June 7, 2006 Selectmen's Meeting Motion: To approve (Amoruso - McCue) 4-0 Passes . Water Installers License Application for TASCON Corporation, 346 Washington Street, Suite 415, Braintree Motion: To approve (Amoruso - McCue) 4-0 Passes . Hackney Carriage Licenses for Vehicles #'s 124 & 135 from Foxfield Taxi Corporation, Foxboro Motion: To approve (McCue - Amoruso) 4-0 Passes f' Board of Selectmen Minutes of June 21, 2006 9 f' · Water Installers License Application for P. Beatty Excavation Inc., P.O. Box 174, Mansfield Motion: To approve (Amoruso - McCue) 4-0 Passes . All Alcohol Retail Package Store License for K-2 Beverages Unlimited, Inc. dba Wine World, 219 North Main Street Motion: To sign (Amoruso - McCue) 4-0 Passes . All Alcohol Innholder Change of Manager License for Mansfield Realty Limited Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Motion: To sign (McCue - Amoruso) 4-0 Passes . Reserve fund transfer request in the amount of $20,000 from the reserve fund to Mansfield Public Schools for the Special Education Out-of-District Tuition resulting from unanticipated move-in of special education students with legally binding individual education requirements Motion: To support f (Amoruso - McCue) for discussion Mr. D'Agostino said that this was part of what the Finance Committee worked out with the School Department. Vote: 4-0 Passes . Block Party Request from Lynn Thompson Allen for Myrtle Street on Saturday, July 22, 2006 from 1:00pm to 11:00pm. Motion: To approve with the provisions requested by Police and Fire [providing emergency access and proper signage] (McCue - Amoruso) 4-0 Passes . Commercial Parking Facility Renewal Application for A-C Intermediate Co., 75 Chauncy Street Mr. D'Agostino said that the Police Chief would like the private lot owners to pay for a police detail one day a week. Mr. D'Agostino said that we will provide a policy for parking lot owners for next year. Motion: To renew (Amoruso - McCue) 4-0 Passes .r- Board of Selectmen Minutes of June 21, 2006 10 r . Memo from DPW Director Lee Azinheira regarding a gas main replacement. Mr. Dentino read the memo. . Correspondence from Mike Mattos regarding the renewal of Mansfield into the HOME Consortium. Motion: To sign for the first three year period, subject to a review by Town Counsel regarding the automatic renewal (Amoruso - McCue) 4-0 Passes . Letter from Skip McCourt of MassHighway District 5 relative to the construction schedule of the Route 106 project. Mr. Dentino read the memo. Mr. McCarter asked staff to follow up with Verizon. . Memo from Planning Board Chairman Tom French regarding a donation to the Sidewalk Fund from Folkman & Zola Builders. Motion: To establish a gift account for sidewalk improvements (McCue - Amoruso) 4-0 Passes Motion: To accept gift of $9,400 from Folkman/Zola Builders with letter of appreciation r- (McCue - Amoruso) 4-0 Passes . Letter from Building Inspector Nick Riccio regarding the former Morse property / abandoned gravel pit. Mr. Riccio is requesting that the Town of Mansfield release the voluntary attachment. Motion: To authorize the Building Inspector to execute a discharge of the voluntary attachment (Amoruso - McCue) for discussion Mr. Dentino read the letter. Vote: 4-0 Passes . Memo from the Town Manager regarding the potassium hydroxide leak on June 10th at Cate Spings Well. Mr. D1Agostino said that the potassium hydroxide made it to the cement floor but it was neutralized quickly. It is now hooked up to the SKADA system. . Letter from the Norwood Board of Selectmen expressing their sympathies to the Board on the loss of Chairman Bernie Dolan. .r- . Invitation from the United Chamber of Commerce to a regional breakfast forum on smart growth on Tuesday, June 27th from 8:30am-10:30am at Dean College Campus Center - Golder Room. Featured speaker is Andrew Gottlieb, Chief, MA Office of Commonwealth Development. Mr. McCue hopes to attend. Board of Selectmen Minutes of June 21, 2006 11 f' . Invitation from Red Button, MEMA Director, to Amateur Radio Field Day, which will take place from 2:00pm on Saturday the 24th through 2:00pm on Sunday the 25th at the MEMA Facility, 35 County Street. Mr. Dentino read the memo. . Memo from Beverly Estes-Smargiassi, Mansfield Community Development Office, regarding a lien subordination request for 234 West Street. Motion: To approve (Amoruso - McCue) 4-0 Passes . Memo from Treasurer/Collector Richard Boucher regarding a tax title property. Mr. D1Agostino said that this deals with a parcel going back to 1989. The title was never clear. In order to clear title, we will need to sign the confirmatory deed. Motion: To sign the confirmatory deed (Amoruso - McCue) 4-0 Passes . Invitation for the Board to attend the Eagle Court of Honor for Matt Hawes & Adam Hoy on Friday, June 23rd at 6:30pm at St. Mary's Parish Center. Mr. D'Agostino will attend, as will Mr. Dentino and possibly Mr. McCarter. . Check in the amount of $8,225.00 from Bay Brook Village for the Local Housing r Partnership Fund Motion: To accept and send letter of thanks (Amoruso - McCue) 4-0 Passes . Invitation for the Board to attend a reception in honor of Fr. George Bellenoit, Pastor of St. Mary's, who will be leaving at the end of June and moving to another Parish. The reception will take place at 1:00pm at the Parish Center on Sunday, June 25th. Mr. D'Agostino will attend, as possibly will Mr. McCue. Mr. McCarter noted that the ribbon cutting of Samsonite took place today and the Town received a $25,000 check from Samsonite. Motion: To accept and send letter of thanks (Amoruso - McCue) 4-0 Passes The Town Manager reported the following: r . Mr. D'Agostino said that the ribbon cutting ceremony at Samsonite, which took place today, was great and pointed out that the Town will benefit from businesses like Samsonite. We are moving the Industrial Park from a warehouse-type park to office, biotech-type companies Board of Selectmen Minutes of June 21, 2006 12 r . There is a chamber-sponsored event tomorrow morning on economic stimulation that he will be participating in. . We received another check in the amount of $150.00 for the Animal Shelter in memory of Sandra DeVaux from some of her co-workers. . The Town of Mansfield has a turtle problem, particularly on the Williams Street Bridge. We are cutting curbs so that the turtles can safely cross from one side of the bridge to the other. He read a letter from Patrick McCue, suggesting that turtle crossing signs be installed to alert motorists that turtles may be on the bridge. Mr. Dentino was happy to see that the crosswalk at the Rails to Trails on East Street has been painted and that a memo went out to look at the feasibility of a blinking light. He further reported that the graduate, Mike Alksninis, mentioned had recently graduated from West Point, and not a high school senior headed to West Point. Motion: To send letter of congratulations to West Point graduate (McCue - Amoruso) 4-0 Passes Mr. McCue asked if we have a regulation on yard sale signs on town poles. Mr. ,~ D1Agostino replied that you cannot and he will have them removed. Mr. McCarter read that the New England Revolution is looking for a new place to play and asked if there is a way that we can accommodate them and suggested a call to David Ting may be in order. Motion: To adjourn at 11:01pm (McCue) 4-0 Passes Signature of Clerk Jlu7- 5; 2~~~ Date of Approval r Board of Selectmen Minutes of June 21, 2006 13 ~ T