HomeMy WebLinkAboutmin brd of selectmen 08302006
RECEIVED
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Present:
i'''iAiISFIELO
MASSACHUSETTS
Vice Chairman David McCarter, Clerk George Dentino and Selectman Louis
Amoruso
John D'Agostino, Town Manager
Town of Mansfield
Board of Selectmen
Minutes of August 30, 2006
06 SEP I 4 M1": 4 2
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The Board of Selectmen's meeting was called to order at 7:30pm, followed by the Pledge
of Allegiance.
Roxanne Donovan, new Treasurer/Collector for the Town of Mansfield, was present.
Mr. D' Agostino passed out the resume of the new Treasurer/Collector, Roxanne Donovan.
Ms. Donovan hails from Norton, where she lives and has worked as Treasurer for the past
five years. She is certified as Treasurer and is being certified as Collector. She has a
tremendous amount of experience in the private banking industry. She will be a good fit
for the Town. The interview process was long and included a team of department heads as
the search committee.
Mr. McCarter welcomed Ms. Donovan to the Town. Ms. Donovan noted that the office is
r running smoothly and looks forward to working for the Town of Mansfield. Mr. Dentino
said that he has heard from many constituents that she is related to former Selectman
Dan Donovan. He believes a search committee of an outside group should have been taken
place. He also believes that we should have an outside company do an audit of the
department before she starts. Ms. Donovan noted that her personal life is separate from
her work and that her record speaks for itself.
Mr. D' Agostino noted that there is an internal report that will need to be done, that he
will share with the Board, when we transition from one Treasurer/Collector to the other.
Mr. Amoruso said that it is unfortunate that some people think the way that Mr. Dentino
reported. Mr. Amoruso said that the process that occurred was fair and above-board. He
pointed out that the Town Manager is the person who has the final say in hiring and
welcomed Ms. Donovan to the Town. Mr. Amoruso pointed out that if we were to hire an
outside firm to do the search, people would accuse the town of wasting money. He
believes that we have taken the same approach this time that we have done all along.
The Board welcomed Ms. Donovan and thanked her for coming in.
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Board of Selectmen Minutes of August 30, 2006
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8J'l/ Clemmey, 9 Deer Path Circle - He is here to discuss Question 1 on the ballot, involving
the sale of wine in food stores. He has information for the Board to review and suggests
that the Board hold a meeting with liquor store owners on the impact if the ballot question
was passed.
Steve MacCaffrie, 236 Mill Street- Was interested to watch the discussion on the
parking expansion at the train station at the Board's last meeting. He believes that the
Board could be doing a disservice if they choose to disapprove the license for 100 spaces.
He believes that if Mr. Ditchman applies for additional parking, he should also have to pay
for part of the detail, as Mr. Clemmey agreed to do should he be granted the additional
spaces. He believes that since the town is taking money in, he finds it interesting that
money for the police detail is coming in from the Police Department budget. He doesn't
believe that the 100 spaces will increase the traffic that much.
Motion: To enter into Executive Session at 8:00pm to discuss pending litigation and return
to open session upon conclusion
(Amoruso - Dentino)
Roll Call Vote: Amoruso, aye; Dentino, aye; McCarter, aye 3-0 Passes
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Lorilee Fish, Parks and Recreation Director, Charlotte Falkner, Chairman of the Recreation
Commission and Dave Todesco of Midget Football were present.
Ms. Falkner said that the Recreation Commission held a public meeting on Monday and
invited neighbors. She noted that the Commission is sympathetic to the neighbors and the
vote passed 4-1 to have the temporary lights on from September 1st to October 19th, with
the stipulation to have the lights out by 8:00pm. Mr. McCarter asked if there was Planning
Board comment. Ms. Fish said that a legal opinion was rendered by Town Counsel that said
that the Recreation Commission is the Commission responsible for granting permission for
temporary lighting. Mr. McCarter noted that no one is in favor of granting permission for
permanent lighting.
Mr. Dentino asked about protection of the kids running into the machinery. Ms. Fish
replied that DPW Highway Operations Manager Mark Cook suggested installing snow
fencing around the perimeter of the unit. Mr. Todesco added that the rental company will
provide such equipment. Mr. Dentino said that the vote that came down when the fields
were being developed, the vote protected the neighbors by stating that there would be no
lighting.
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r Mr. D' Agostino explained that there was a municipal review process when the fields were
being developed. He said that the vote by the Board was to concur with the Planning
Board. Now the fields are built and there is a need for lighting because Midget Football
has no home. Mr. Dentino expressed concern that a decision was made by a previous Board
that stated that there would never be lighting, now and forever.
Mr. D' Agostino said that we are trying to help Midget Football temporarily. Mr. Dentino
believes that we should take the vote away from the Recreation Commission. Mr.
D' Agostino said that their vote was temporary and the lights will not be there next year.
Ms. Falkner noted that only two residents attended Monday's meeting and one person
wrote a letter.
Mr. Todesco brought up the issue of the cost of the lights. The cost of rental from
United Rental is $4,720. He would love to ask for some help. The payment is expected
upon return of the lights. Mr. McCarter asked about payment of fuel. Mr. Todesco said
that the cost of the fuel can be paid for by Midget Football.
Mr. Amoruso suggested writing a letter, requesting money from the Deutsche Bank
Championship, and their request would be processed.
r Mr. McCarter thanked everyone for attending and wished Midget Football good luck.
Ken Butler, MMAS and Gary Hendren of Hendren Design Associates.
Mr. Butler thanked the Board for allowing the Mansfield Music and Arts Society (MMAS)
to come before the Board tonight. Mr. Butler provided an overview of MMAS and its
history. He believes that the downtown needs MMAS as a presence and the Fales
property is an ideal location. It is within walking distance to municipal parking lots and
near the Rails to Trails. The arts center will have an art gallery, and will have 12 art shows
a year. The gallery would be open during business hours for people to pop in, view and
possibly buy a piece of art. The next component is a 140-seat theater, with removable
seats for extra flexibility. He is proposing 6-8 shows per season in the theater. When
not being used as a theater, it could be used for rehearsals and functions. Another public
space is the studio space, which could be used for various functions. A new component for
the center for the arts is artist living spaces. The resident artists would be an active
participant in MMAS. The income from the rental units would provide revenue to MMAS.
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Mr. Hendren noted that the site is unused. The good aspect of the site is that it is one
block from the main street. The site is approximately 1/3 of an acre in size. We have
,r arranged the site as multi-purpose. There will be 16 rental units and there will be 32
parking spaces underneath the building. Mr. Hendren showed renderings of the proposed
buildings, noting that the side of the building that is closer to the residential
neighborhood, the building becomes more residential looking where the rental units will be,
with wood and residential-sized windows. He noted that parking is an issue and believes
that we can develop an additional 25 spaces between Shawmut Street and the parking
further down Old Colony Way. He noted that there is parking available on North Main
Street as well as the municipal lots.
Mr. Butler is requesting that the Town sell the property to MMAS for below market value,
as MMAS has brought a lot to the town. He admitted that MMAS will need to apply for
grants and loans to bring this arts center to Mansfield.
Mr. Dentino said that it would be dependent on state laws if we can sell the property below
market value. Mr. Butler said that he has spoken with the Inspector General on this
matter and the Board could authorize the sale for market value. Mr. D' Agostino said that
it was Town Meeting who authorized the Town to sell the property for no less than fair
market value. Mr. Dentino believes that it should be a community question and go on the
ballot as a referendum question. Mr. D' Agostino said that could present a burdensome
task for a non-profit organization and doesn't believe it is necessary. It was Town Meeting
.~ that allowed for the sale of the property. Mr. Butler believes that a warrant article is
appropriate in this instance.
Mr. Amoruso asked why so much glass because he doesn't feel it fits in with the downtown
at all. Mr. Hendren said that at the front, that is the gallery and the type of art varies
from sculpture to paintings. It was designed to attract people from the public side of the
building. Mr. Amoruso asked how this project will make financial sense. Mr. Hendren
replied that we are pushing for the residential component of the building, which will
support $3.5 million of debt. The total building cost will be approximately $5 million.
There are several programs to get the remaining $1.5 million, including construction loans,
grants, etc. Mr. Amoruso asked how the parking underneath the building will work. Mr.
Hendren replied that the parking is five feet below grade. Mr. Amoruso asked why only
140 seats. Mr. Butler said that it will keep the performances more intimate and will keep
in line with the area. Mr. D' Agostino noted that Mr. Buckland spoke of an arts center
during the TOD discussions. It is possible that we could have two locations.
Mr. Dentino asked about parking for patrons and performers. Mr. Hendren said that he is
estimating 65-70 cars on a busy night. Mr. Hendren noted that the Old Colony rail line
area has about 47 spaces and that the public lot across the street has 40 spaceS. Mr.
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Dentino believes there will be a fight for spaces in the downtown. Mr. Butler has also
suggested a possible valet service, run by volunteers.
Mr. McCarter brought up the issue of the vote from the 2003 Town Meeting and he noted
that we cannot sell the property to MMAS or anyone else for less than the assessed value
and that MMAS would have to go to Town Meeting. He noted that he fully supports the
idea of an arts center. Mr. McCarter brought up the issue of noise. Mr. Butler said that
there would be a lot of soundproofing done on the buildings. Mr. Hendren noted that the
auditorium section is pretty insulated with other spaces before you get to the exterior
skin of the building.
Mr. Butler asked about the next step and Mr. McCarter pointed out that a petition would
need to be submitted with 100 signatures.
The Board thanked Mr. Butler and Mr. Hendren for the presentation.
Postponed until September 13, 2006.
Mr. D' Agostino said that he put together criteria for the distribution of the Deutsche
Bank gift funds. He reviewed the explanation sheet. Grantees must be organized and
operated exclusively for charitable purposes, qualifying under the Internal Revenue Code
501 (c)(3). The organization must currently be in compliance with all state and federal
regulations. The Town will give weighted preference to the following organizations: Not-
for-profit organizations exclusively serving Mansfield residents shall receive a higher
weighted vote or consideration. Charitable organizations that are locally based in the
Town of Mansfield who award funds greater than 70';'0 of their total charitable budget to
Mansfield based organizations will receive the next highest weighted vote or
consideration. Awards will be limited to organizations geographically located within the
Town of Mansfield. Grantee organization must be self-supporting and grants will not be
awarded to cover routine operating expenses. The purpose of the grants is to provide for
special one-time projects not otherwise affordable by the organization. Grants will not be
awarded to religious organizations except for non-religious purposes benefiting the
general public or the citizens of Mansfield. The majority of the grantee's board
membership must be comprised of Mansfield residents and the volunteer board must
reasonably represent the Town of Mansfield or the area served. The board must have
primary authority for the organization's policy and fiscal control. There must be a specific
period of time during which the grant funds will be expended. Funds not spent during this
Board of Selectmen Minutes of August 30, 2006
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period of time must be returned, although the applicant can apply for an extension which
will be considered by the screening committee. Upon completion of the project, the
r grantee must furnish a report detailing actual expenditures and the results achieved.
Matching grants are encouraged. Applications for grants that are not dispersed for lack
of funding may be resubmitted. Grants are awarded by a majority vote of the Board of
Selectmen upon a favorable recommendation from a screening committee of residents who
will review all requests and provide the Board of Selectmen with a prioritized list of
potential grantees who meet the policies and criteria of the program.
He believes the screening committee will offer recommendations to the Board. Mr.
Amoruso said that he didn't find anything wrong with the idea and general intent. He feels
the discretion should fall with the Board of Selectmen for the distribution of the money.
Mr. Dentino believes it is a step in the right direction. He wondered why we would want to
know if they are a United Way affiliate. Mr. D' Agostino believes that we should know the
organization's other sources of funding.
Mr. McCarter asked why we are limiting the criteria to the Deutsche Bank gift monies.
Mr. D' Agostino said that we could remove the Deutsche Bank name off the criteria. Mr.
Dentino agrees that the policy should be for all general gifts. Mr. McCarter expressed
concern whether some organizations have 501(c)(3) status. Mr. Amoruso suggested that if
money is given out, the organization would have to state that they received money from
this fund. Mr. D' Agostino said that we could list the companies/organizations who
r contributed to this fund.
Mr. D' Agostino said that the Board will need to establish the screening committee. Mr.
McCarter suggested 5 people. Mr. D' Agostino said that he will incorporate the changes
and come back to the Board next week.
. Warrant No.8 in the amount of $4,508,277.78
Motion: To approve
(Amoruso - Dentino) 3-0 (Mr. McCarter abstaining from check # 356894) Passes
. Warrant No.9 in the amount of $1,582,356.87
Motion : To approve
(Amoruso - Dentino) 3-0 (Mr. McCarter abstaining from check # 357236) Passes
. Minutes of August 16, 2006 Selectmen's Meeting
Motion : To approve
(Amoruso - Dentino) 3-0 Passes
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. Water Installers License for Browning Excavators Inc., P.O. Box 310, Marshfield Hills,
MA 02051 - Water Operations Manager is recommending approval
r Motion: To approve
(Amoruso - Dentino) 3-0 Passes
. BLOCK PARTY REQUESTS - Police & Fire have reviewed and approved al/- emergency
access and proper signage must be provided
o Block Party request for Saturday, September 9th (with a raindate of Sunday,
September 10th) for Bella Vista Avenue from 1:00pm to 8:00pm
Motion: To approve subject to requirements by Police and Fire
(Amoruso - Dentino) 3-0 Passes
o Block Party request for Saturday, September 9th for Janet Lane, from the
corner of Brookside Road to just before the next house on Janet Lane from
2:00pm to 10:00pm
Motion: To approve subject to requirements by Police and Fire
(Amoruso - Dentino) 3-0 Passes
o Block Party request for Saturday, September 9th from the end of Central
Street to the beginning of High Street from 3:00pm to 11:00pm
Motion: To approve subject to requirements by Police and Fire
(Amoruso - Dentino) 3-0 Passes
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. Memo from Planning Board Chairman Tom French ~equesting $5,000 to fund a Request
for Qualifications to conduct a traffic study for the TOD study area.
Mr. McCarter asked where we are going to get the money. Mr. D' Agostino said that if the
Board was to grant the money, we could find it. Part of it could come from a reserve fund
transfer and some could come from the Town Manager's budget. Mr. D' Agostino said that
the study would be from Route 140/Route 106 to Route 106/Hope Street. This money
would enable us to get someone to put together an RFP so that Town Meeting would fund
the actual traffic study. Mr. Amoruso noted that we need a traffic study of the area, but
he doesn't want a traffic study based on the plan. Mr. D' Agostino said that the traffic
study is not predicated on the Cecil Group plan. Mr. Amoruso said that there is no
justification for the $5,000. Mr. McCarter suggested having the Planning Board Chairman
come in to the next meeting to discuss this. Mr. D' Agostino suggested getting
clarification from Mr. Burke.
. Memo from Conservation Planner Michele Grenier informing the Board that a law was
passed to help municipal boards avoid quorum problems when a member misses a
hearing. This new law must first be adopted by a municipality for one or more types of
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adjudicatory hearings. The Town Manager believes that this will need to be adopted by
Town Meeting and not the Board of Selectmen.
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. Memo from the Town Manager to Town Engineer John Sullivan regarding a reserve
fund transfer request in the amount of $3,500 for an emergency dam inspection. Mr.
D' Agostino said that the Finance Committee wants this to come out of the operating
budget. He is now up to $15,000 for three dam inspections and we will need a reserve
fund transfer at some point. Mr. Dentino asked about the $7,000 on the reserve fund
transfer request sheet.
. Follow-up email from Bill Clemmey of Foundry LLC regarding the Foundry parking
expansion discussion at the Board's August 16th meeting.
. Letter from the Police Chief to the Town Manager commending MIS Director Lou
Costa for his response and skills when the Police Department's server crashed late on a
Sunday night.
. Letter from the Police Chief reporting an overage at the August 16th Crosby, Stills,
Nash & Young concert. The concert went until 11:12pm.
Motion: To send letter to the Tweeter Center for the Performing Arts
(Amoruso - Dentino) 3-0 Passes
r · Invitation from the United Chamber of Commerce and the Norfolk County
Commissioners' Office to attend their quarterly regional breakfast forum on Tuesday,
September 12th from 8:30am-l0:30am at Tri-County Regional Techical HS in Franklin.
Guest speaker is State Treasurer Tim Cahill.
. Memo from the DPW Director providing the Board with a list of bad roads.
. Letter from Susan Jacobs of the Office of Town Counsel regarding the inquiry of
Selectman Dentino.
. Memo from the COA Director to the Town Manager regarding the Fuel Assistance
Coordinator position and the job description. Mr. D' Agostino said that we have an
opening and would like to improve the skill set of the position.
Motion : To approve
(Amoruso - Dentino) for discussion
Mr. Dentino asked why the person would have to report to the COA Director and not to
the head of Social Services. Mr. D' Agostino believes that the head of social services
reports to the COA Director.
Vote: 3-0 Passes
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· Memo from the Animal Welfare Committee requesting that the Selectmen waive the
Town's portion of all building permits, site plans, and connection fees for water and
r sewer that are associated with the new animal shelter.
Motion: To support
(Amoruso - Dentino) for discussion
Mr. Dentino asked how we can waive a site plan and Mr. DO Agostino believes that the site
plans are submitted to the Planning Office.
Vote: 3-0 Passes
The Town Manager reported the following:
· We need to establish a timeline with which to submit the Town Manager's evaluations.
· As of August 9th, the Housing Corporation has been established.
· Read notice from Lt. Walt Crickard, Mansfield Police Department regarding a phone
solicitation. Callers are representing themselves as Mansfield MADD Mothers
Organization. There is no such organization and Lt. Crickard called the Massachusetts
Chapter of MADD in Boston and they are aware of the collection being conducted and
they said it's a private organization that is conducting the collection for the national
(' chapter of MADD. The Police Department is reporting that they are receiving checks
that people are sending to Mansfield MADD C/O the Police Department. The Mass
Chapter wanted me to send the checks to them, but Lt. Crickard sending them back to
the owners with an explanation and then they can do what they want. But there is no
Mansfield MADD Mothers Organization and very few of the dollars they are sending in
will be used in Mansfield programs, if at all.
· SRPEDD has compiled their list of the worst 100 roads in the SRPEDD region and we
have four of them, which he listed as Route 106 and Forbes Boulevard; Chauncy Street
and North Main Street; Route 106 and Route 140; and South Main Street and the
Tweeter Center.
Motion: To extend the meeting to 11:15pm
(Dentino - Amoruso) 3-0 Passes
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r Mr. Amoruso:
None
Mr. Dentino:
· He received a memo from MMED Director Gary Babin and doesn't believe that it should
be considered "privileged and confidential attorney work product." Mr. McCarter
noted that this can be discussed at the Light Commissioners meeting.
· He referenced the operating procedures of the Board of Selectmen and the
dissemination of public records/information. He intends to keep going to the
departments who have the information readily available. Mr. Amoruso said that the
operating procedures state that the Board of Selectmen must get communications
from the Town Manager. Mr. D'Agostino said that information that Mr. Dentino has
requested should be made available to all members of the Board.
Motion: To extend the meeting to 11:20pm
(Dentino - Amoruso) 3-0 Passes
Mr. Dentino believes that it is foolish to go through the Town Manager for
information and he will continue to go to department heads.
r Motion: To adjourn
(Amoruso - no second)
· Mr. Dentino asked why the Town Manager, who reports to the Board of Selectmen, will
not provide an organizational chart to Mr. Dentino. Mr. McCarter noted that the Town
Manager gave him the organizational chart and Mr. Dentino said that he did not give
him a complete chart. Mr. D' Agostino said that an organizational chart does not list
individual people's names.
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Signature of Clerk
Date of Approval
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Board of Selectmen Minutes of August 30, 2006
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