Loading...
HomeMy WebLinkAboutmin brd of selectmen 09132006 HECE1VEO (1 ~..~ Cl FR!'\ C; OFF ICE A '!f!!# Present: ~'1 AN;) FiE L 0 MASSACHUSETTS Vice Chairman David McCarter I Clerk George Dentino I Selectman Louis Amoruso and Selectman Mike McCue John D'Agostino, Town Manager Town of Mansfield Board of Selectmen Minutes of September 13, 2006 06 SEP 28 PM 2: 58 r The Board of Selectmen's meeting was called to order at 7:30pm, followed by the Pledge of Allegiance. The Board held a moment of silence in memory of those who lost their lives on September 11, 2001. Mr. French indicated that there was a question from the Board of Selectmen as to the cost of the RFP/RFQ for the TOD area. We are trying to expedite the process and we want Mr. Buckland to prepare the scope of services for the traffic study. He believes the scope should include different scenarios of development. The Planning Board's expectation is that the cost will not go over the $5,000. Mr. D' Agostino said that this money will get us to the process of hiring a consultant to do the actual study. Mr. French said that we need to look at a number of intersections for this project. Mr. Amoruso noted his concerns are about the scenarios - he doesn't feel that three scenarios are enough. We cannot think of everything and hopes that the scope will encompass different ideas. Mr. ~ Dentino believes that a traffic study will be obsolete in a year and that a second exit will be needed. Mr. D' Agostino said that once the $5,000 proposal is done, we will then have an engineer look at the proposals and provide different scenarios on what Route 106 will look like. Mr. McCarter asked where the $5,000 will come from. Mr. D' Agostino said that a portion of the money can come out of his own budget. Motion : To support request (Amoruso - McCue) 3-1 (Mr. Dentino opposed) Passes Town Engineer John Sullivan and Mark Mitsch of Weston & Sampson were present for the update. Mr. Sullivan began by saying that the pond starts from behind the Police Station and goes down to Spring Street. The dam structure consists of 500 feet of earthen embankment. The spillway is about 40 feet long and is made up of a concrete structure. The dam is in poor condition and there a number of problems with it. In 1999, the pond actually dried up. We have money from Town Meeting to start the design process for the dam. About a month ago, we reviewed the options. r Board of Selectmen Minutes of September 13, 2006 1 r Mr. Mitsch said that we have completed a Phase 1 dam safety inspection and identified deficiencies. We have delineated the wetland boundaries. Some of the deficiencies that were found were that there were trees were growing on the embankment. There was seepage along the downstream to the embankment. The vertical alignment of embankment crest is inconsistent with depressions. Mr. Mitsch went on to say that the Kingman Pond Dam is considered an intermediate size dam and the hazard potential is considered significant due to Spring Street and residences on the downstream side of the dam. The considerations for improvements include designing a spillway system to safely pass the 100-year storm; in general, trees and brush do not belong on dams and should be removed; the embankment crest needs to be level and at least one foot above the peak flood elevation; possible upstream sediments and property protection downstream of the dam. Mr. Mitsch went on to inform the Board as to proposed options for making the improvements include: fixed weir spillway, which could include stop log channels like Fulton Pond. The problem with that is that this pond is not that deep and dredging would be required and the current environmental conditions in the pond may result in significantly increased costs. The second option is an enlarged stepped crest weir, which minimizes wetland impacts of construction; it is self-regulating and no operation is required. The components of this option include reinforced concrete primary spillway 90 feet long, an auxiliary spillway 220 feet long and an "I-wall" crest that would be 270 feet long. This is the recommended option. The third option is the removal of the dam. Mr. Mitsch noted r that this doesn't appear to be a great option. It will likely meet with a lot of resistance as it would revert the pond to a meadow and stream condition, limit the liability related to dam ownership. This is potentially the lowest cost solution, but the costs could escalate if there is contamination. Mr. Mitsch believes that the enlarged steppe~ crest weir option is the recommended option. Mr. McCue asked how to access the property for construction. Mr. Mitsch replied that from Spring Street, there is a gravel path. He added that Carl Nelson, who owns the property next to it, is on board with the plans to update the dam. Mr. Dentino asked if the state came out to classify this as a dam and Mr. Mitsch replied that the state does classify it as a dam. Mr. Dentino asked why Mr. Mitsch is recommending trees on the "I- wall" and Mr. Mitsch replied that this technique is used so that not all of the trees are coming down. Mr. Mitsch said that this configuration will help protect the neighbors under the 100-year storm. Mr. Amoruso said that we have had significant flooding and asked what happened. Mr. Sullivan said that he went out to this dam in the storm back in October and witnessed that the water was not going over the top of the dam. Mr. Mitsch said that when we are planning for a 100-year storm, we are using standard assumptions. Mr. D' Agostino said that we do have some control upstream at Fultons Pond. ~ Board of Selectmen Minutes of September 13, 2006 2 r Mr. Mitsch noted that there are 3,000 registered dams in the state and most are municipally owned. Mr. Amoruso said that he believes that someone is going to get flooded somewhere. Mr. Mitsch said that we are trying to come into compliance with the existing standards and try to balance with the requirements of the Conservation Commission, DEP and the Army Corps of Engineers. Mr. Sullivan said that we are in the early stages and will be meeting with abutters as time goes on. Mr. McCarter thanked Mr. Sullivan and Mr. Mitsch for meeting with the Board. Applicants for the available SRPEDD Commission representative are: Chris McGowan and Bill Clemmey. Mr. McCarter asked each applicant to introduce themselves. Mr. McGowan lives on King Arthur Way and has been a resident of Mansfield for 8 years. Bill Clemmey, resident for over 40 years, lives on Deer Path Circle. Mr. McCue said that he served as representative to the SRPEDD Commission his first year on the Board and added that this is an important position. He has noted that SRPEDD has been heavily involved in the 495 ramps matter and asked each applicant their thoughts on ~ the ramps issue. Mr. McGowan believes that he would be opposed to the northbound ramp because it would require land and house takings. Mr. McCue believes that the town should continue their opposition of the northbound ramp. Mr. Clemmey said that he would take his cues from the Board, the Town Manager and the Planning Board and can appreciate the neighbors concerns. Mr. Amoruso asked the applicants feelings on particular projects. Mr. McGowan said that he has no particular agenda or projects that he is trying to get through. Mr. Clemmey said that it is important that the town have representation and noted that the TOD is a big project, as is the northbound/southbound ramps. He is here to represent the best interests of the town. Mr. Dentino said that it is nice to see two candidates. He asked Mr. Clemmey what he believes the long-term goals of SRPEDD are. Mr. Clemmey said that its main focus is transportation projects and informed the Board of his background. Mr. McGowan said that he believes that his role as representative is to protect the Town of Mansfield. Mr. McCarter asked the applicants if there will be any conflicts. Mr. McGowan said that he has no conflicts whatsoever. Mr. Clemmey said that if there is a conflict, he would r Board of Selectmen Minutes of September 13, 2006 3 r need to represent the Town's position on matters and would notify the Board if there were any conflicts. Motion: To nominate Chris McGowan for the SRPEDD Commission (McCue) 4-0 Passes Mr. McCue said that Mr. Clemmey had expressed interest in other Boards and hopes that he will not go away. Mr. Moretti said that he is here before the Board tonight to ask the Selectmen to sign the Massachusetts School Building Authority Statement of Interest that will allow the Mansfield Public Schools to pursue, without commitment, the possibility of an addition/renovation to Mansfield High School. It does require a vote by the Board. The Selectmen's acknowledgement simply states that the Board is aware that the Mansfield School Committee is submitting a statement of interest for possible reimbursement. It is not a binding commitment on the part of the Selectmen. Mr. McCarter asked if this is a new process and Mr. Moretti replied that this is a new requirement. Mr. Moretti said that it is does not mean that the Board supports the project. Mr. McCue said that he believes it is a wasted exercise. Mr. Dentino asked what the next step is. Mr. Moretti said that the next step is for the Authority to do a visual r inspection of the HS and review documents to determine if those numbers that the School Department compiled are valid. Mr. McCarter said that he is taking his cue from Town Meeting. Motion : To support (Dentino - Amoruso) 4-0 Passes There were none. Mr. Azinheira said that it is an action item and is here should the Board have any questions. He doesn't see any problems with this and recommends that the Board approve Foxboro's request that the new house be considered part of their critical needs instead of the existing front house or its replacement. Mr. Amoruso questioned why we are so intimately involved and Mr. Azihneira replied that the Town of Foxboro is simply keeping a paper trai I. r-- Board of Selectmen Minutes of September 13, 2006 4 Motion: To support their [Town of Foxboro's] decision from one house to another (McCue - Dentino) 4-0 Passes r . Warrant No. 10 in the amount of $2,408,872.91 Motion : To approve (Amoruso - Dentino) 4-0 (Mr. McCarter abstaining from check #357447) Passes . Warrant No. 11 in the amount of $2,952,162.59 Motion : To approve (Amoruso - McCue) 4-0 (Mr. McCarter abstaining from check #357775) Passes . Minutes of August 30, 2006 Selectmen's Meeting Motion : To approve (Amoruso - Dentino) 3-0-1 (Mr. McCue abstaining) Passes . Minutes of August 30, 2006 Executive Session - Part 1 Motion: To approve but not release (Amoruso - Dentino) 3-0-1 (Mr. McCue abstaining) Passes r . Minutes of August 30, 2006 Executive Session - Part 2 Motion: To approve but not release (Amoruso - Dentino) 3-0-1(Mr. McCue abstaining) Passes . Minutes of August 30, 2006 Executive Session - Part 3 Motion : To approve but not release (Amoruso - Dentino) 3-0-1(Mr. McCue abstaining) Passes . Minutes of August 30, 2006 Executive Session - Part 4 Motion: To approve but not release (Amoruso - Dentino) 3-0-1(Mr. McCue abstaining) Passes . Minutes of August 30, 2006 Executive Session - Part 5 Motion: To approve but not release (Amoruso - Dentino) 3-0-1(Mr. McCue abstaining) Passes . Hackney Driver Application for James Peterson of Foxfield Taxi Motion: To approve application of James Peterson (Amoruso - McCue) 4-0 Passes r-- Board of Selectmen Minutes of September 13, 2006 5 . One-Day Beer & Wine License for the Tri-County Beagle Club's Chicken BBQ on Saturday, September 30, 2006 from 12:00pm to 1O:00pm Motion : To approve (Amoruso - Dentino) 4-0 Passes r . Water Installers License for D. Bernt Sanitation & Excavation, 120 Melody Drive, A ttleboro - Water Operations Manager is recommending approval Motion: To approve (Amoruso - McCue) 4-0 Passes . Letter from the Edgewood Church of Christ, requesting permission to have three permanent direction signs placed in the Town. Request was routed to Police and DPW. Motion: To approve subject to meeting the Town's requirements for signs (Amoruso - McCue) 4-0 Passes . Letter from Veterans Agent John Hogan requesting $2,250 in funds from the Deutsche Bank gift funds for additional cemetery markers. Request was logged into database. Mr. McCarter said that the Board initially voted to support this request before there r were fund criteria and believes we should give him the money to finish the project. Mr. Amoruso believes this should go through the process that we are likely going to approve. Mr. McCue said that this is something that we already started and given what it is. Motion: To support request for $2;250 from the DB gift funds for the cemetery markers (McCue - Dentino) for discussion Mr. Amoruso believes that this is not an emergency situation but does not feel it is proper procedure. He notes that he is in full support of this project. Mr. Amoruso doesn't believe it is an emergency. Vote: 3-1 (Mr. Amoruso opposed) Passes . Invitation to attend the Senior Citizens Law Day Program at Attleboro District Court on Friday, September 29th at 9:30am. . Request for $3,000 from the Deutsche Bank gift funds from the UnCommon Theatre Company. Request was logged into database. . Letter from Folkman & Zola Builders, requesting the Board approve the conservation restriction off Nicole Road. Motion: To approve restriction as presented to the Board (Amoruso - McCue) for discussion r Board of Selectmen Minutes of September 13, 2006 6 Mr. Dentino said that he believes that he needs more time to study. Mr. D' Agostino said that when it came to his office, it was incomplete. Mr. D' Agostino said that Town Counsel r has approved it, the Conservation Commission has signed off on it. There has been extensive review by the Conservation Commission. Mr. D' Agostino said that the Conservation Commission approved it this past week. Mr. McCarter said that he will table the issue until the Light Commissioners Meeting on September 18th. Motion withdrawn. · Memo from the Town Engineer to the Town Manager regarding additional ordered inspections of dams and requesting a reserve fund transfer request in the amount of $16,000. Mr. D'Agostino explained the confusion at the last meeting with respect to the reserve fund transfer request for the initial dam inspection. · Motion: To support the transfer of $16,000 to the Engineering Department (Amoruso - McCue) for discussion Mr. Dentino asked where the other two dams are that need to be inspected. Mr. McCue said that he trusts staff will spend the money wisely. Vote: 2-2 (Mr. McCarter and Mr. Dentino opposed) Fails · Email from the Town Engineer to the Selectmen's Office informing the Board that flashing light at East Street Rails to Trails Crossing is likely to be installed the week of September 18th. r · Letter from St. Gregory the Theologian Greek Orthodox Church, requesting that the Town install a blinking light to warn oncoming traffic that cars are turning out of the church's driveway in both directions onto West Street. Mr. D' Agostino believes that signage is appropriate. Mr. Amoruso suggested sending request to Officer Lawson. · Letter from the Town Manager to Comcast requesting that they give the Route 106 project immediate attention to transfer their wires to support an October pt pavement schedule. · Letter from the Animal Welfare Committee and the Mansfield Shelter Friends, requesting funding from the Deutsche Bank gift funds. Request was logged into database. · Letter from Bruce Montgomery of the Tweeter Center, providing the Board with attendance records from its August 16th concert and a check in the amount of $764.80. Motion: To accept check in the amount of $764.80 (McCue - Dentino) 4-0 Passes r Board of Selectmen Minutes of September 13, 2006 7 · Letter from the Rehoboth Board of Selectmen, informing area communities that it voted to recommend rejection of the wine in food stores ballot measure. r Mr. Amoruso said that local licensing authorities have the authority to deny licenses, but they can be appealed to the ABCC. Mr. Dentino said that he is recommending that we approve $8,000 for the two dams that we have received orders for. Motion: To approve $8,000 for the two dams that the Town has received orders for (Dentino - Amoruso) for discussion Mr. McCue said that he is adverse to turning down requests from staff, but Vote: 3-1 (Mr. McCarter opposed) Passes Mr. D'Agostino said that he left in the United Way designation because he feels it may be important for the selection committee to know that the organizations requesting funding are getting monies from the United Way. r Mr. Amoruso brought up the issue of granting money on an emergency basis, but that may make a lot of people have a lot of emergencies and will short-circuit the system. Mr. McCue said that he had brought up the issue of funding for individuals who need assistance. Mr. D' Agostino said that once the committee is formed, they will review and may recommend changes to the form. Mr. Dentino said that he has a problem with the United Way being singled out on the application - he doesn't want to designate one particular organization on the application. Mr. Amoruso said that he doesn't have a problem with it. Mr. McCarter said that the policy excludes the Town of Mansfield and doesn't want to preclude the Town from being considered for funds. Mr. D' Agostino said that we will make that part of the criteria. Mr. Amoruso asked about the emergency preamble. Mr. D' Agostino said that it is a slippery slope. Mr. McCarter believes that we can deal with those emergencies on a case-by-case basis. Motion: To approve the criteria with the "Town of Mansfield" amendment to the criteria (Amoruso - McCue) 4-0 Passes Mr. D' Agostino said that we can advertise for an ad-hoc committee for the distribution of non-profit gift funds and will distribute the packet to those organizations who have requested funds. r Board of Selectmen Minutes of September 13, 2006 8 r The Town Manager reported the fol/owing: . Informed the Board that the Housing Corporation legislation has been signed, which authorizes the Board to establish a Board of Directors. He asked the Board if they think we have a committee already in place or do we need to advertise. Mr. Amoruso replied that he believes that we did and Mr. D' Agostino said that if there are any vacancies, we will advertise. . Some time ago, he informed the Board that the Town received a waste ban enforcement grant, beginning October 1st. He read the memo from DPW Office Manager Betty Amicone relative to the waste ban. He noted that there is a fair amount of public education involved - reach out posters, stickers and pictures and that the focus of the campaign is on cardboard. This will create some anxiety but will help filter out paper from the waste stream. Mr. Amoruso said that the information is difficult to understand and is subject to interpretation. Mr. McCarter asked about warnings. Mr. D' Agostino said that Ms. Amicone said that warnings would be an impossibility to enforce. Mr. Amoruso said that the education piece needs to be tightened up. Mr. McCue and Mr. McCarter expressed concern about the program as is. Mr. Dentino asked then how we are to reduce tonnage and increase recycling. Mr. D' Agostino asked staff to do outreach by means of a cable show, outreach to the r seniors, etc. Mr. Dentino believes this program is a moot point when we start doing the automated trash system. Mr. D' Agostino said that we could delay it if we don't have the correct educational materials and noted that staff will come in to the September 27th meeting. . The Fetish Fair Flea Market issue is back. The Holiday Inn has appealed Mr. Riccio's decision and the intent is to hold the fair on January 19-26, 2007. Mr. Amoruso noted his concerns about their interpretation of entertainment. Mr. D' Agostino read the second paragraph Motion: To grant Atty. Mangiaratti permission to file an injunction (McCue - Amoruso) Mr. McCue said that we need people to know that we take our zoning by-laws seriously. Mr. Amoruso said that they have not followed the proper procedures. Mr. McCarter expressed concern for public safety issues, particularly with the parking. Vote: 4-0 Passes . The Town of Mansfield has a new biotech medical device company in the industrial park, Proven Process Medical Devices, which moved from Walpole. They are going to be manufacturing and doing research and development. They hope to double their workforce in the next 5 years. They are not requesting a TIF at this time. Within the r-- Board of Selectmen Minutes of September 13, 2006 9 next five years, they plan to add an addition to their building. If they team up with a company in California, they may be looking for additional buildings in the park. They r hope to go to 105 employees. Mr. D' Agostino asked the owner why Mansfield and he replied that it is the professionalism of the park, business-friendly Mansfield and the impression of the park as a biotech park. Mr. McCue: . Were we able to approach the developers of Mansfield Crossing to discuss financially assisting with improvements to the drainage on School Street? Mr. D' Agostino replied that we have not officially asked and said that he will put a letter together. Mr. Amoruso: . There will be a primary next Tuesday and at the same time, there will be a special election to fill Bernie Dolan's seat. He wanted to remind voters. Mr. Dentino: . He called the Secretary of State's Office regarding the producing of public documents. He was told that Mass. General Laws does not differentiate between the public and elected officials when obtaining public documents. r · Asked the Board where job descriptions, classifications and levels of compensation for municipal employees are located. Mr. D 'Agostino noted that this information is kept in his office. Mr. Dentino said that the Charter states that the Board of Selectmen maintains the system. Mr. D 'Agostino said that compensation is listed in the col/ective bargaining agreements. Mr. Amoruso noted that the Town Manager has been the agent responsible for some time. Mr. McCarter said that this information exists, perhaps not in as concise a form. Mr. Dentino suggests doing it in the form that the Charter states. Mr. Amoruso has concerns about why Mr. Dentino wants the information. Mr. D' Agostino said that he will show Mr. Dentino what we have and Mr. Dentino agreed to review. Mr. McCarter: . Can we support any additional fire personnel as a result of ambulance receipts? I do not think that we can support additional personnel at that time because receipts are not what they were projected Mr. Dentino asked how many Police Officers were hired and Mr. D' Agostino replied that we hired 4, which were budgeted in. r Board of Selectmen Minutes of September 13, 2006 10 Motion: To adjourn at 10:53pm r (McCue) 4-0 Passes ~e?n~ z;: z~~O Signature of Clerk Date of Approval r r Board of Selectmen Minutes of September 13, 2006 11 Present: ~ RECEIVED V V'.lid (':, FO!{S nCf '('!:" . .~. ...;-~ f- , -..J r~ 06 SEP 28 PH 2: 58 t-iAHSFiELO MASSACHUSETTS Vice Chairman David McCarter, Clerk George Dentino, Selectman Louis Amoruso and Selectman Michael McCue John D'Agostino, Town Manager Town of Mansfield Board of Selectmen Minutes of September 18, 2006 r The Light Commissioners Meeting was calleato order at 7:30pm by Chairman Michael McCue, followed by the Pledge of Allegiance. Official meeting minutes were recorded by the Light Department. Topics for discussion at the meeting included: . Final Capital and Operating Budget Financial Results for FY06 . Update on Canal Generating Unit Settlement Discussions . MMED Energy Growth in FY06 & New Peak Demand Record The Board discussed the matter of the conservation restriction off Nicole Road. r Motion: To sign conservation restriction (Amoruso - McCue) 4-0 Passes The Board discussed the matter of the mandated inspections of town dams by the state. Motion: To support reserve fund transfer of $8,000 (McCue - Amoruso) 3-1 (Mr. McCarter opposing) Passes The Board discussed the matter of the Fetish Fair Flea Market and the town's response. Motion: To seek restraining order and not mediate (McCue - Amoruso) 3-0-1 (Mr. Dentino abstaining) Passes ck: ~e?n~ z;: z~~6' Signature of Clerk Date of Approval r- Board of Selectmen Minutes of September 18, 2006 1