HomeMy WebLinkAboutmin brd of selectmen 11082006
Town of Mansfield
Board of Selectmen
Minutes of November 8, 2006
Present:
Chairman David McCarter, Vice Chairman Louis Amoruso, Clerk George
Dentino, Selectman Michael McCue and Selectman Ann Baldwin
John D'Agostino, Town Manager
The Board of Selectmen's meeting was called to order at 7:00pm, followed by the Pledge
of Allegiance.
Motion: To enter into Executive Session at 7:00pm to discuss pending litigation and return
to open session upon conclusion
(Amoruso - Dentino)
Roll Call Vote: McCarter, aye; Amoruso, aye; Dentino, aye; Baldwin, aye 4-0 Passes
(McCue absent from roll call vote)
Robert Mangiaratti Esq. in attendance.
These are recorded in separate minutes.
None
Motion: To open public hearing: (Amoruso/McCue) 5:0 Passes
Selectmen Dentino read the public hearing notice into record.
See Town Engineer John Sullivan's memo for details on Cobb St. Recommends street
acceptance provided the structures are raised as planned. Members of the audience having
hard time hearing so Mr. Sullivan stood and talked with the residents. He described the
site in regards to manholes, tie-ins and the as-built plans. The rains of today were a good
test and everything appears to be working well. Culverts are operating and draining well.
$20k bond is held over the winter for the project until spring. If repairs are needed the
bond $ will be used for this. He will recommend approval at town meeting if everything
left on the punch list is done.
Ed Bourget, 27 Cobb St. He and his neighbors have been maintaining the cul-de-sac. They
have put together a petition for the Selectmen to make a positive vote to accept street.
Board of Selectmen Minutes of November 8, 2006
Janice Gates, 203 Willow Crossing. What are the responsibilities of the town when they
accept a street? Mr. McCarter stated in layman's terms the town owns it. Mr. D'Agostino
described maintenance of street, paving, plowing, trash removal in area was added by Mr.
McCarter. Mr. Sullivan added that if the cul-de-sac residents would still help keep an eye
on general maintenance the town would appreciate it. Of course, the DPW will assist the
residents when necessary with trash removal, ect. Mr. Dentino asked about an existing
bond that was out there. Mr. Sullivan explained that bonds are kept by the town until the
street is accepted and then the bond is released at town meeting.
Motion: To close public hearing (McCarter/McCue) 5:0 passes
Motion: Recommend acceptance of Cobb Street extension to the town meeting providing
the two structures that were discussed are raised in time for special town meeting. Mr.
Dentino amended motion to include holding $20k bond until work completed.
(Amoruso/McCue) 5:0 passes
Motion: To open hearing. (Amoruso/McCue) 5:0 passes
Mr. Dentino read public hearing notice for Jake's Way.
Mr. Sullivan described details of his memo to the board. There is a holdback from
contractor for tree work (in spring) Mr. Sullivan is in favor of street acceptance. No
residents came forward to speak on this issue.
Motion: To close public hearing (Amoruso/McCue). 5:0 passes
Motion: To recommend acceptance of Jake's Way (Amoruso/Baldwin).
5:0 passes
Mr. Dentino read Longhorn public hearing notice.
Motion: To open hearing (Amoruso/Baldwin) 5:0 passes
Barry Gerstein of Nashua, NH is the applicant's attorney and Paul Ciulla is the Regional
Manager. The manager of record is undetermined at this time. Rare Hospitality owns
Longhorn, a chain steakhouse. 14-15 percent of sales come from alcohol. The hours of
operation are llam-llpm; they would like to extend the hours of operation on the liquor
license to midnight. Mr. Amoruso mentioned that the liquor license allows serving until1am
so they shouldn't have a problem.
The lease for the property is signed and construction has started at the site. Mr. McCue
notes infraction from 7 years ago on the application (it was at Bugaboo) as it was the only
one listed and he was pleased to see them come to Mansfield and was in favor of granting
license. Mr. Dentino is thrilled to get a Longhorn in Mansfield and welcomed them. Mr.
Amoruso also welcomed them on behalf of the Board.
Board of Selectmen Minutes of November 8, 2006
2
Motion: To close hearing (McCue/Amoruso) 5:0 passes
Motion: To grant Rare Hospitality International dba Longhorn Steakhouse a new annual all
liquor license. Hours to be 11am-lam. (McCue/Dentino) 5:0 passes
Special town meeting, Nov 14th 7pm
Brief discussion on certified free cash sheet
Brief discussion on Finance committee votes sheet
Article 1: National Grid is charging more region wide.
Reimbursement for hearing aid for employee, David Wellman.
Mr. Dentino feels that safety equipment should not be on warrant.
It should be paid out of another account. Mr. D'Agostino stated that per state statue we
must pay for reasonable accommodations. This is a prior year bill that was already paid.
Mr. Dentino wanted to know why it took the employee so long to submit the invoice to the
town for payment. The delay in submission was undetermined at this time.
Finance comm supports this.
Motion: To support article 1. (Dentino/Amoruso) 5:0 passes
Article 2: Transfer from free cash the sum of $20.500 to the Ambulance Trust Fund.
Mr. D'Agostino explained the reason for this transfer. Mr. Dentino asked questions about
the $20,500 coming out of ambulance trust fund. The manufacturer paid the town a
penalty; it goes into free cash and then goes back into ambulance fund. Finance comm
supports this.
Motion: To support article 2: (Amoruso/McCue) 5:0 passes
Article 3: Vote to accept the provisions of MGL Chapter 32B, Section 18. Mr. D'Agostino
talked about health care coverage for the town's retirees. With the adoption of Section
18, retirees can either choose Medicare coverage or the towns' blue cross coverage.
Utilizing this option saves the town money and the town has been providing this option to
retirees for many years. Mr. Dentino asked questions about supplemental health care
coverage from Medicare/Medicaid part A, part B vs. Blue Cross coverage. Mr. McCarter
asked about premium reductions that the town would realize if this article passed.
Mr. D'Agostino stated that we also need to put article 3 in place to stay in Southeast
Regional health care plan group.
Motion: To support article 3. (McCue/Baldwin) 5:0 passes
Article 4: Withdrawn
Article 5: Transfer of $196,846.64 from the Effluent System
Board of Selectmen Minutes of November 8, 2006
3
Upgrade Account to the Wastewater Depreciation Trust Fund.
Mr. Dentino asks questions about left over funding. We shouldn't take more money out of
funds than we need. Mr. D'Agostino explained how the transfer and use of funds occurs.
Finance comm supports this.
Motion: To support article 5. (Amoruso/McCue) 4:1 (Dentino nay)
Article 6: Transfer the sum of $117,066.04 from the Electrical Switchgear
~mprovements Account at the Wastewater Treatment Plant to the Wastewater
Depreciation Trust Fund.
Again, Mr. Dentino asks why the town has money left over from this account. We shouldn't
take more than we need. Mr. Amoruso explains that we need to budget for a small amount
of overage to ensure that enough money is available for projects and the extra funds are
then returned. Finance comm supports this.
Motion: To support article 6 (McCue/Baldwin) 4:1 (Dentino nay)
Article 7: Transfer $16,169.93 from the Sewer Sludge Study Account to the Wastewater
Depreciation Trust Fund.
Mr. Dentino has same objections as article 6.
Finance comm supports this.
Motion: To support article 7 (McCue/Amoruso) 4:1 (Dentino nay)
Article 8: Borrow or expend from available funds, in anticipation of reimbursement, the
sum of $205,717.00 as the state's share of the cost of work under Chapter 90, Section 34
(2a) of the General Laws being funded by Chapter 291B of Acts of 2004 road improvement
funds. FinCommsupports this article.
Motion: To support article 8. (McCue/Baldwin) 5:0 Passes
Article 9: Appropriate $2,700,000 for the purpose of financing water mains on Ware,
Essex, Stearns and Necco Road.
Mr. Amoruso asks about bonds, water rate payers would be supporting this project. Mr.
D'Agostino stated work is being contracted out.
Mr. Dentino asked about bid numbers. Mr. D'Agostino discussed specific numbers for the
different streets. (See Lee Azinheira 11-6 memo for more details.) Mr. McCarter states
that Stearns Ave is being done to service residents that are currently being served by the
Town of Easton. There was a brief discussion regarding water gates with the Towns of
Easton and Sharon. The FinComm supports this article.
Motion: To support article 9. (McCue/Amoruso) 4:1 passes (Dentino nay)
Board of Selectmen Minutes of November 8, 2006
4
Article 10: Authorize the Selectmen to acquire by gift, purchase or eminent domain a
water line easement on land of Frederick S. Armstrong and Lisa B. Armstrong in Mansfield
situated between the northerly end of Necco Road and the southeasterly end of Monahan
Lane.
Motion: To support article 10. (McCue/Amoruso) 5:0 Passes
Article 11: withdrawn
Article 12: Transfer the sum of $4,316.40 from Capital Account 30220 designated for
the installation of an exhaust removal system at the Plymouth Street Fire Station, voted
at the May 2005 Annual Town Meeting, to the Capital Account of the same number for the
building of the West Mansfield Fire Station. The FinComm supports this article.
Motion: To support article 12 (McCue/Amoruso) 5:0 passes
Article 13: withdrawn
Article 14: withdrawn
Article 15: Authorize the Selectmen to acquire by gift, purchase or eminent domain, land
parcels or rights in land parcels to allow for the construction of roadway safety
improvements.
Mr. D'Agostino states no money is involved in this article.
Mr. Dentino states that this is for temporary easements to do road work and wants to
change language of article to say "pursue easements and land parcels to allow for
construction" and take out part that says
"or take any action in relation to" because we don't need to purchase, gift or take land by
eminent domain to do this. We only need temporary easements. Mr. D'Agostino states
that staff and town counsel worded the article this way for a reason. Mr. McCue states
the language should be left as is and can be amended on town meeting floor. Mr.
D'Agostino concurred with this. FinComm supports this article.
Motion: To support article 15, however to ask Town Council to reword article if necessary.
(Amoruso/McCue) 5:0 Passes
Article 16: Transfer $21,122.98 in Retained Earnings from the Airport Enterprise
Account to the Airport Repair and Maintenance Account. FinComm supports this article
Motion: To support article 16. (Amoruso/McCue) 5:0 Passes
Article 17: Appropriate from Free Cash the sum of $3,000 to the Engineering
Department's FY2007 operating budget.
Mr. McCarter asked if this will reduce our free cash. Mr. D'Agostino said that this will but
be owe the Engineering Dept. the money for this project. The Engineering dept has
Board of Selectmen Minutes of November 8,2006
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planned projects in their budget that this money came. from. FinComm supports this
article.
Motion: To support article 17. (Amoruso/McCue) 5:0 Passes
Article 18: To appropriate from Free Cash the sum of $8,000 to the Reserve Fund for
dam inspections.
Motion: To support article 18. Amoruso/McCue
Discussion: Mr. Dentino has question about inspections and number of years each dam in to
be inspected. Mr. D'Agostino states some dams are done every two years and others every
five. Mr. Dentino talked about the difference between high hazard dams vs. regular dam
inspections. FinComm supports this article.
Amended Motion: To support article 18. (McCue/Amoruso) 4:1 (Dentino nay)
Article 19: Motion withdrawn and not supported.
Mr. McCue has questions about reserve funds being put into the stabilization account. Mr.
D'Agostino stated the FinComm didn't want to support because there will not be enough
money in the stabilization account if this article passes.
Article 20: Transfer from the Wastewater Depreciation Trust Fund the sum of $45,000.
Mr. Dentino asked about phases of the project. Mr. D'Agostino talked about the various
project phases of 1-4. Mr. Dentino asks if the town is responsible for phase 3 and 4 and if
this funding is coming out of new enterprise sewer account? Mr. Dentino has reservations
about sewer customers paying for future industrial park use.
Motion: To support article 20. (Amoruso/McCue) 4:1 Passes (Dentino nay)
Article 21: Appropriate from Free Cash the sum of $25,000 for the installation of two
handicap accessible bathrooms at Qualters Middle School, adjacent ramping to meet code,
and other items as necessary to complete the Concession Stand Project.
Mr. McCarter asked if this article was passed through CIP.
Mr. D'Agostino stated he didn't think so but the project was done and 2/3 of the money
came from donations. FinComm supports this article.
Motion: No motion needed for school articles.
Article 22: Transfer the following unused Capital appropriations:
$20,000 from Robinson/Roland Green roof repair to Middle School modular classroom;
$6,000 from handicap door project to Jordan/Jackson fire panel; $8,000 from
Robinson/Roland Green roof repair and $10,000 from Jordan/Jackson lighting project to
the High School boiler repair.
Questions of whether these projects have gone before CIP. They should be involved in
process.
Board of Selectmen Minutes of November 8, 2006
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Motion: No motion needed for school articles.
Article 23: Appropriate from Free Cash the sum of $7,500 to fund a slums and blight
inventory of the downtown area, in accordance with guidelines provided by the
Massachusetts Department of Housing and Community Development, and the sum of
$5,000 to complete the CDBG II Grant application, for a total of $12,500.
Mr. Dentino asks who we hired to undertake the slums and blight inventory. Mr.
D'Agostino ,stated that Community Development handles this project including the grant
writing. We could potentially get a million dollars from this grant. Mr. McCue talked about
community scores. FinComm supports this article.
Motion: To support article 23. (McCue/Amoruso) 5:0 passes
Article 24: withdrawn
Article 25: Appropriate from Free Cash the sum of $6,000 for the Mansfield Emergency
Management Agency for the purchase of three 400 MHz Portable Radios.
Mr. Dentino asks the replacement of radios. Mr. Amoruso states they need to upgrade
this equipment to match others.
FinComm supports this article.
Motion: To support article 25. (Amoruso/McCue) 5:0 passes
Article 26: Transfer $146,561.63 from Free Cash into the Stabilization Account.
FinComm supports this article. This free cash # is certified.
Motion: To support article 26. (Baldwin/McCue)
Motion to amend: To support article 26 and to put at least 60% of free cash.
(Baldwin/McCue) 5:0 passes
Article 27: Accept the provisions of Massachusetts General Laws Chapter 39, Section
23D.
Motion: To support article 27. (Amoruso/McCue) 5:0 passes
Article 28: Authorize the Town Manager, with the approval of the Board of Selectmen,
to sell to M.M.A.S., Inc. (a/k/a the Mansfield Music and Arts Society), for the sum of One
Dollar ($1.00),
Mr. McCue asked why article has Town Manager listed in article language vs. Selectmen.
Mr. D'Agostino stated that it doesn't matter since he can't do anything without their
approval. Mr. McCarter expressed concerns about placing conditions on sale. Mr.
D' Agostino
Board of Selectmen Minutes of November 8, 2006
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stated that the property owes quite a bit in back taxes and property improvements. Mr.
McCue also has reservations about this, as does Mr. Amoruso about financing of project
and timelines. Mr. Dentino has serious issues with this article and doesn't think it's been
thought through. Suggestions are offered that the petitioner take out the part of $1
sale. Mr. Dentino has questions about selling property under value and Mr. D'Agostino
believes the town can. The FinComm does not support this article.
Motion: The Board supports the concept of article 28 but not supporting article
specifically. (Amoruso/Baldwin) 4:1 (Dentino nay)
Ken Gay, Chairman CIP, came into Selectmen's meeting to speak about CIP process.
Exhaust repairs at Fire Dept discussed. Boiler repair account money not used as the
expense was covered by insurance. Handicapped bathroom article was not approved
through CIP as it was not high enough monetarily. These projects should have come back
to the CIP for funding prior to town meeting. Contact Town Planner, Shawn Burke and
School Superintendent, John Morretti to set up CIP meeting before town meeting
discussion.
Motion: To elect Selectmen Ann Baldwin to the CIP committee
(Amoruso/McCue) 5:0 passes
Article 29 Accept Cobb Street and related drainage, water and utility easements
beginning at station 3+67 shown on the plan.
Supported at 11-8-2006 Public Hearing.
Article 30 Accept Jake's Way within Bay Brook Village Subdivision and related drainage,
water and utility easements beginning at station 0+0 to the end shown on the plan.
Supported at 11-8-2006 Public Hearing
Article 31 Amend the Town's Zoning By-law to the extent necessary to change the
Schedule of Principal Use Regulations, Section 3.3.10, Residential Facilities for Residents
Fifty-five (55) Years of Age or Older, subsection A from its present six (6) acres to five
(5) acres.
No action taken. Discussion tabled until position received from Planning Board.
Warrant No. 18 in the amount of $3,121,435.50 (signed last week) - Chairman McCarter
abstains from check # 359854
Motion: To approve warrant # 18 in the amount of $3,121,435.50 (Dentino/McCue) 5:0
passes
Motion: To approve warrant # 19 in the amount of $456,672.45 (Dentino/McCue) 5:0
passes
Board of Selectmen Minutes of November 8, 2006
8
Chairman McCarter abstains from check # 359463
Motion: To approve minutes of October 25, 2006 Selectmen's meeting.
(Dentino/Baldwin) 4:0 passes (McCue abstain)
Motion: To reconsider edit of minutes of Executive Session meeting August 30, 2006
Selectmen's meeting, part 3.
(Dentino/Amoruso) 2: 1 fai Is
Mr. Amoruso did not feel the redacted paragraph was appropriate to have in minutes. Mr.
Dentino feels it should be part of the minutes as it was said and it should be recorded in
the minutes. Possible addendum /separate paragraph for redacted comments to minutes,
Part 4? Mr. Dentino changes his mind and wants his comments put back in. Motion to
reconsider fails and minutes stand as is.
· Hackney Driver Application for Marjorie McCagney of Mansfield Taxi (Town Manager is
recommending approval)
Motion: To approve application. McCue/Baldwin 5:0 passes
· Water Installer's License Application for Rudy Pompeo Contractors, 40 Mathewson
Drive, Weymouth (Water Operations Manager is recommending approval)
Motion: Approve Water Installer's License Application for Rudy Pompeo Contractors.
(Amoruso/Baldwin) 5:0 passes
· Restricted Water Installers License application for C.J.P & Sons Construction, 1420
Main St., Millis.
Applicant wants application fee waived as he is doing municipal project. Selectmen
need to know if applicant has bond for entire scope of project ($2.7 million) or is there
is coverage in the contract. Mr. Dentino asks if the Board usually waives the fees for
town projects and Mr. D'Agostino explains that they can waive the towns' portion of
the fee, not the entire fee. We need to check with Kurt Gaffney to see if this is
bonded correctly.
Motion: To approve application. (Amoruso/Baldwin) fails
Motion withdrawn due to questions abound funding and bonding.
· Request from the Downtown Business Association to close North Main Street on
Sunday, November 26th at 3:00pm for their Annual Christmas Parade (Po/ice and Fire
have reviewed and approved)
Motion: To approve request for street closure. (Amoruso/Baldwin)
4:0 passes
Board of Selectmen Minutes of November 8, 2006
9
· Drainlayer's License Application for J.E Case, 1320 S. Washington St, N. Attleboro.
(Police and Fire have reviewed and approved.)
Motion: To approve application. (Amoruso/Baldwin) 5:0 passes
· Memo from the Town Manager regarding follow-up material on Comstar collection
letters. Will have on agenda again next month once everyone has a copy of the letter.
· Letter from the Department of Public Health, presenting the town's water system with
a Water FluorIdation Quality Award from the Centers for Disease Control and
Prevention.
Selectmen Dentino praised the Water dept. and Mr. D'Agostino added that Dr.
Raymond Martin was instrumental.
· Letter from Shirley MacPhee, announcing her resignation from the Community
Development Committee.
Motion: To accept resignation and send letter of thanks.
(Amoruso/Baldwin) 5:0 passes
· Letter from the Downtown Business Association notifying the Board that the DBA and
a majority of the business and property owners on North Main Street are in favor of
the Downtown Design Guidelines and are in favor of applying for fa~ade improvement
grant money.
· Letter from Greg Cauldwell, President of the Mansfield Fish & Game Protective
Association, requesting a reduction in the building permit fees for the Fish & Game's
building.
Mr. McCarter asked if they meet the guidelines of a non profit.
Mr. Riccio, Building Inspector, is in favor. Mr. D'Agostino will check
guidelines.
Motion: To approve reduction in fee. (Amoruso/McCue) 5:0 passes
· Letter from the Mass. Collectors & Treasurers Association, notifying the Board that
Roxanne Donovan has been designated a Certified Massachusetts Municipal Collector.
The Selectmen noted that this is quite an accomplishment for Roxanne as this is a
tough certification to receive.
Board of Selectmen Minutes of November 8, 2006
10
· Memo from Town Planner Shaun Burke, requesting that the Board vote to sign the
Order of Taking for a strip of land along Bird Road, which was accepted at the May
Annual Town Meeting.
Motion: Vote to sign the order of taking for Bird Road
(McCue/Amoruso) 5:0 passes
· Memo from the Recreation Commission regarding Hutchinson Field lights, 11 Shawmut
Avenue and the Plymouth Street Recreational Facility. Memo read into record by
Selectmen Dentino. Comments that Park and Rec were looking for money from sale of
Fales Oil property.
The Town Manager reported the following:
· Town Manager COA coffee hour is scheduled for lOam November 9, 2006.
· Veterans Day parade to be on Sat, November 11, 2006 starting at lOam. Parade starts
at Memorial Park.
.. Special town meeting will be on November 14, 2006 7pm at the high
school. BaS posted to meet at 6pm.
· Future discussion of compensation for Town Manger performance
evaluation.
Mr. Dentino has questions about policies of the Board of Selectmen.
Questions pertaining to policies of BaS regarding liquor licenses, public hearings, when you
don't need a public hearing and how people are placed on agenda. Mr. McCarter clarified
issue of people invited to meeting to discuss train station but it wasn't a public hearing so
it didn't need to be advertised as such. Also, Mr. Sarro and the Police Chief called and
asked to be put on the agenda about question 1. Not everyone present can always get a
chance to speak. The Chairman can control who gets to speak and not speak during a
meeting that is not a public hearing. Mr. Dentino stated that he does not feel that it
should be the Chair's prerogative to let people speak or not speak.
Mr. Dentino had questions about proposal from Finance Committee for auditor. An Audit
Committee was formed by the Selectmen a long time ago to determine which auditor to
use. The committee has meet several times and made a recommendation that the same
auditor be hired for both Electric Dept. and Town use. Gary Babin, Electric Dept; Bea
Kearney, Town Accountant and John D'Agostino, Town Manager were on committee.
Board of Selectmen Minutes of November 8, 2006
11
Selectmen Amoruso has no news.
Selectmen McCue has no news.
Selectmen Baldwin does not appreciate being called names by Mr. Dentino and makes her
own decisions and votes. She also asked about applications from the Deutsche Bank gift
fund. Mr. D'Agostino stated that he is gathering and will review applications for a future
Board meeting.
Chairman McCarter talked about possible plan for municipalities to join the State's health
care plan and possibly save the, town money. Mr. D'Agostino states while the plan does
have merits they are definite draw backs as well and it is being looked into.
Proclamation for Attleboro Chamber of Commerce honoree Dennis E. Kelly for the Board
to sign. Mansfield participates in this chapter as well as the Tri Town Chamber.
Motion: To sign proclamation for Mr. Kelly. Amoruso/McCue 5:0 passes
Motion: To adjourn at 1O:46pm (McCarter/McCue) 5:0 passes
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.
Signature of Clerk
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Date of Approval
Board of Selectmen Minutes of November 8, 2006
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