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HomeMy WebLinkAboutmin brd of selectmen 09272006 RECEIVED 'i%l~,! rl CPI{~ rJFF ICr" '. J . f ".-; -'~ ~"., , '. II " ;. , ( ,. ~ · 1 Present: t1ANSFlELO MASSACHUSETTS Vice Chairman David McCarter. Clerk George Dentino, Selectman Louis Amoruso, Selectman Mike McCue and Selectman Ann Baldwin John D'Agostino, Town Manager Town of Mansfield Board of Selectmen Minutes of September 27, 2006 06 OCT 12 PH I: 04 r The Board of Selectmen's meeting was called to order at 7:30pm by Town Manager John D'Agostino, followed by the Pledge of Allegiance. Motion: To nominate David McCarter as Chairman (McCue) 5-0 PASSES Mr. McCarter thanked the Board for their vote of confidence and welcomed Selectman Baldwin to the Board. Motion: To nominate Lou Amoruso as Vice Chairman (Baldwin) 5-0 PASSES r Motion: To nominate George Dentino as Clerk (McCue) 5-0 PASSES There were none. Resident Gina LaRose, member of the Downtown Design Committee, and Shaun Burke, Town Planner, were present for the discussion. Ms. LaRose began by asking the Board what a downtown should be and asked how we can manage that. The Downtown Design Committee has been meeting over the past few years and has been discussing these issues. She wants to share some of the highlights of what makes a downtown desirable. These guidelines are not meant to be roadblocks for developers and will help to create continuity. We have an ideal downtown area and this is crucial to the financial future of the downtown. Mr. McCarter noted that the Planning Board has joined the audience for the presentation. Our goal is to have an architecturally rich artfully landscaped downtown that is lovely, inviting, diverse and cohesive in its design. The downtown should be a destination that ~ creates a sense of pride for those who work and live there and a sense of community and Board of Selectmen Minutes of September 27, 2006 1 r beauty for those who visit. They want to make it an inviting place to go for a stroll, have dinner, meet friends and window shop. You need guidelines because it will improve the visual quality of the downtown. Establishing architectural character and building elements will give business owners and developers a base for decision-making regarding the outward facing design of a building. Guidelines will enhance the quality of any physical changes made and protect the value of investments. Ms. LaRose went over the Downtown Design Guidelines, including criteria, the future, height & width, setback/appropriation of openings/storefronts, trash areas, scale/materials/roof form/color, signage and mechanical/electrical. This is meant to be a piece to be used by the developers and possibly as a marketing tool as well. Next steps include meeting with the Finance Committee, establishing parameters for applying for grants, and inviting developers to review and comment on design standards. With the mall coming in, Ms. LaRose added that we need to work harder to make sure that the downtown remains viable. Mr. McCarter asked if there are any questions from the Planning Board. Mr. Annino noted that most of the Planning Board members have been involved with the Downtown Advisory Committee. ~ Mr. Dentino asked how fixed these standards are. Mr. Burke noted that these standards deal with the fa~ade and does not deal with use or density. These are guidelines and will not be mandatory, but as Ms. LaRose mentioned, this is to build consensus on what we want the downtown to look like. Mr. Burke noted that the developers are not required to do this, but developers have been willing to work with the Planning Board on architectural elements. This will give the developer a palette from which to choose from. Mr. D' Agostino reiterated that these are just guidelines. There could be a financial incentive to encourage developers or existing business owners to adopt some of the standards. There are some buildings in great shape in the downtown, and some that could use some help. Mr. Annino said that its purpose is to encourage good design. Mr. Dentino noted that the most recent developments have been condo buildings with parking underneath. Mr. Annino said that the problem with the downtown is the size of the parcel. He noted that residential units in the downtown have great benefits. Mr. Annino noted that there are a number of niche services that will flourish with residential units in the downtown. These guidelines are important. Ms. LaRose noted that there are many towns grappling with these issues. Mr. Amoruso applauds this work. If the downtown is going to be a destination, we need guidelines. He noted that adequate parking and traffic are needed. Mr. Burke noted that there are so many components that we need to look at. We started with fa~ade and are aware of those issues and will look at them. Mr. Amoruso expressed his concern for non- standards in the interior and used the retail on the first floor as an example, as there is r inadequate storage, but admitted that the storefronts have great display areas and are Board of Selectmen Minutes of September 27, 2006 2 r inviting to the public. Mr. Burke noted that that is a tough balancing act and we are aware of that as well. Mr. Annino said that these guidelines are the tip of the iceberg and there is a tremendous amount of work to do re: municipal parking, financing, etc. Mr. Amoruso said that he is pleased that we are taking a positive step. Mr. McCue noted that it is encouraging that the Planning Board, Shaun Burke and the Advisory Committee have been proactive in this undertaking. He asked if they have reached out to DHCD and possibly requesting funding from the state, as he has some contacts from his previous job that he will gladly share. He asked if the current business owners have been positive. Mr. Burke noted that the response from the local business owners has been encouraging and there has been some buy-in and he hopes that it continues. Mr. McCarter said that he has always been supportive of the revitalization of the downtown. Mr. Burke noted that signage is important and that the people from Mansfield Crossing have agreed to contribute funding for signage directing people to the downtown. Installing bike lockers at the train station is another possibility to encourage people to ride their bikes downtown. The Board thanked Ms. LaRose and Mr. Burke for the presentation. r DPW Director Lee Azinheira, Water Operations Manager Kurt Gaffney, Bob Chapell, Woodard & Curran and Lou Masiello of W/S Development were present for the discussion. Mr. Azinheira noted that W/S Development has submitted a detailed water conservation proposal for Mansfield Crossing. We wanted to make sure we addressed concerns during this process and make sure we were keeping in line with the water connection policy. This proposal is unique and has various components to it. He noted that W/S Development has applied for two phases on the estimated water consumption. Mr. Azinheira went over the gallons per day in the two phases. He noted that based on Woodard & Curran's numbers, an additional 2,459 gallons per day of water will be used. As we move into Phase 2 for 2007, we do not have the final numbers for 2007. Mr. Gaffney projected the numbers for the remainder of 2006 and added a 10'0 contingency. Mr. McCarter asked when our withdrawal permit expires and Mr. Gaffney noted that it will expire in three years. Mr. Azinheira noted that we have not had to go to phase 2 water ban for the past few years. He noted that the reason is because we have been doing a better job at conservation. We have not lost a major water user. Mr. Gaffney noted that the leak detection program has been successful. Mr. Azinheira noted that even though r water usage is down, we have been meeting revenue projections. Board of Selectmen Minutes of September 27, 2006 3 r We have calculated a phase 2 amount for mitigation. Woodard & Curran estimates that Mansfield Crossing will be using a little more water. The $73,770 will go into a surety account for W/S Development to be held by the Treasurer's Office in an interest bearing account. The account will be set up as the Town of Mansfield for Benefit of (FBO) W/S Development Associates LLC. Mr. Azinheira believes that this is very reasonable and we can live within the Phase 1 and Phase 2 numbers. Mr. McCue asked if we would be approving both Phase 1 and Phase 2 and Mr. Azinheira replied yes because W/S Development needs approval for financing reasons. Mr. McCue asked what would happen if the lO'Yo contingency is not enough. Mr. Azinheira noted that something catastrophic would need to happen for the contingency not to be enough. He reiterated that this proposal is trying to address the intent of the water connection policy and the needs of the developer. Mr. Dentino asked Mr. Masiello if he has a better sense of the restaurants coming in. Mr. Chapell noted that we took the type of restaurants into account with respect to water usage. Mr. Dentino used Famous Dave's as an example with respect to square footage and average flow for sample operators. He couldn't follow the information provided in the binder. Mr. Masiello said that the numbers have been verified. Mr. Chapell said that the average of the three facilities is calculated and is the amount per square footage. r Mr. Azinheira pointed out that the review will be one year after full occupancy. Mr. Amoruso said that it appears we were following the policy and he noted that it does. Mr. McCue noted that he is comfortable with the presentation. Ms. Baldwin asked what the $15 per gallon for mitigation will be used for. Mr. Azinheira noted that the money will benefit residents, such as rebates for water-efficient washers, dishwashers, timers for lawn sprinklers, etc. Mr. McCarter asked Mr. Gaffney is pleased with the water conservation proposal by the applicant. Mr. Gaffney replied that he approves the plans. Mr. Chapell noted that the applicant is installing an irrigation well on premises. Mr. Amoruso asked Mr. Masiello if these figures are acceptable to him. Mr. Masiello said that this is the way the policy contemplates the math and that he is voluntarily paying a premium so that he can get a lender to commit. He is comfortable with how town staff has modified his proposal and staff has been thoughtful in contemplating the contingency. Motion: To approve phase 1 and phase 2 of the water connection plan for Mansfield Crossing as presented this evening (McCue - Amoruso) 5-0 PASSES r Board of Selectmen Minutes of September 27, 2006 4 l !I r-. Mr. McCarter asked if the tenants are finalized and Mr. Masiello said that the tenants that are named are official. Mr. Masiello welcomed the two new Selectmen and offered help and information to them should they have any questions. Mr. D'Agostino said that the Board took a vote to not allow the developer (Fairfield) to use the sleeve; we don't have a need for both sleeves. He will be drafting a memorandum. Lee Azinheira, DPW Director, Kurt Gaffney, Water Operations Manager, Bob Chapell, Woodard & Curran and Fred Armstrong were present. Mr. Gaffney noted that the town has received a number of complaints from residents about low pressure and dirty water in the area. This loop is a top priority _ it will eliminate two dead-end water mains and will improve the water quality by eliminating stagnant water. This improvement will improve fire flows as flow to the area will be fed from two different locations. r Mr. Azinheira noted that we have been talking on and off with Mr. Armstrong for a couple of years. Mr. Gaffney met with Mr. Armstrong and Mr. Armstrong came up with a list of conditions whereby he would grant the town an easement, which are listed in the memo to the Board. Mr. Azinheira went over the conditions for the Board. Mr. McCue likened the easement to a gift-in-kind, as he will be paying for his water use. Mr. Azinheira noted that jacking the water main will be jacked underneath the woods with no damage to the existing trees or the driveway. Mr. Chapell explained how a water main is jacked. Mr. McCarter asked if this needs to be put on a Town Meeting Warrant. Mr. Azinheira replied that funding Mr. McCue asked if the $52,205 is the value of consideration. Mr. Gaffney said that this is an important loop. Mr. McCue said that the total cost to do what the town wants to do is $78,100. Mr. Dentino said that when he first looked at it, he thought it was a lot of money. He met with Mr. Gaffney and now believes it is a beneficial project. Mr. Armstrong offered pictures to the Board. Motion: To support, in the Board's role as Water & Sewer Commissioners, the water main improvement project that includes conditions 1-9, as stated in the memo supplied. (McCue - Amoruso) 5-0 PASSES Mr. McCarter said that this easement will be on the Town Meeting Warrant. (' Board of Selectmen Minutes of September 27, 2006 5 r Kathi Mirza, DEP, Betty Amicone, DPW Office Manager and Lee Azinheira,DPW Director were present for the discussion. Ms. Mirza noted that she is working with Mansfield and four other communities on this initiative. The idea of the initiative is to work with the hauling companies to help them stop picking up visible recyclables and work with the residents. She noted that the primary target type is cardboard. Less than what half of what is recyclable is being recycled. Residents can save their own money by recycling. There is state law that guides what materials should or should not be picked up by the hauling companies. It is good for the environment to direct materials from trash into recycling. One of the incentives is that the communities which have already implemented this is that it really works. Ms. Mirza said that no one will be going through trash bags - haulers will not pick up cardboard visible in trash. She noted that the trash haulers are supportive of this initiative as well. She noted that if people don't want to cut the cardboard down, the residents can take it as is to the Mansfield Green. Mr. Amoruso said that the written materials did not explain clearly the whole initiative. He expressed the desire to have an assistance program for handicapped/elderly people, who cannot cut down the cardboard themselves. r Ms. Mirza appreciates Mr. Amoruso's comments on the flyers and noted that we took some of the elements of what North Andover did. Mr. McCarter expressed concern that we are going to catch people off-guard. Ms. Amicone said that she was going to do a direct mailing to each residence, putting a notice on cable, in the newspaper, etc and hopes to start the program in the middle to end of October. Mr. McCue said that he was probably the most worked up at the previous meeting. He has had the opportunity to go back and re-read the information and he is comfortable with the approach. His concerns have been alleviated tonight and he is in support. Mr. Dentino said that the intent is very good but believes it is senseless because in the spring, when we go to automated collection, this initiative goes out the window. Mr. Azinheira said that this will encourage people to recycle more and more and is that much more important. People understand the benefits but it is habit. Mr. D' Agostino said that we are decreasing the number of barrels in the spring, so this will encourage people to recycle before the number of barrels is reduced. Ms. Mirza noted that putting cardboard in trash does take up a lot of space. Mr. McCarter asked Mr. Azinheira to come back in a month for an update and Mr. Azinheira said that he would also like to discuss the automated collection planning process. r Board of Selectmen Minutes of September 27, 2006 6 , .. r . Warrant No. 12 in the amount of $2,923,342.76 Motion : To approve (Amoruso - McCue) 5-0 (Mr. McCarter abstaining from check #358000) PASSES . Warrant No. 13 in the amount of $1,615,590.72 Motion: To approve (Amoruso - McCue) 5-0 (Mr. McCarter abstaining from check #358335) PASSES . Minutes of September 13, 2006 Selectmen's Meeting Motion: To approve (Amoruso - McCue) 4-0-1 (Ms. Baldwin abstaining) PASSES . Minutes of September 18, 2006 Selectmen's Meeting Motion : To approve (Amoruso - McCue) 4-0-1 (Ms. Baldwin abstaining) PASSES . Hackney Driver Application of David Longshaw of Foxfield Taxi Motion : To approve (Amoruso - McCue) 5-0 PASSES r . Block party request for Jake's Way for Saturday, October 14th from 2:00pm to 10:00pm. The block party will be on sidewalks and front yards (and garages if raining). Police and Fire have approved, providing that emergency access and proper signage be provided at all times. Motion: To approve, subject to requirements by Police and Fire (Amoruso - McCue) 5-0 PASSES . Half-Year Water Installers License for Perry & Feck, LLC, 494 Stearns Avenue, Mansfield Motion : To approve (McCue - Amoruso) 5-0 PASSES . Water Installers License for R.P. Rowean Excavating, 21 Valley Street, Norfolk Motion : To approve (McCue - Amoruso) 5-0 PASSES . Drainlayer's License for Perry & Feck, LLC, 494 Stearns Avenue, Mansfield Motion : To approve (McCue - Amoruso) 5-0 PASSES r Board of Selectmen Minutes of September 27, 2006 7 r- . Drainlayer's License for Browning Excavators, 293 Old Main Street, Marshfield Hills Motion : To approve (McCue - Amoruso) 5-0 PASSES . Letter from Mansfield Pop Warner requesting funding from the Deutsche Bank Championship. . Memo from the Town Manager to Selectman Dentino regarding dam inspection reports. . Letter of resignation from Ann Baldwin from the Board of Assessors, effective September 20, 2006. Motion: To accept resignation and send letter of thanks (McCue - Amoruso) 4-0-1 (Ms. Baldwin abstaining) PASSES r . Memo from Traffic Safety Officer Lance Lawson requesting that the Board approve two "No Parking" restrictions: one along the northerly side of West Cottage Street between North Main Street and Old Colony Way and the other along the easterly side of North Main Street from East Street for a distance of 20 feet minimum. Motion: To approve recommendations for 'no parking' restrictions with the distances recommended (Amoruso - Baldwin) for discussion Mr. McCue asked if there was any notification to any businesses. Mr. D' Agostino said that before the signs are placed, we could send notification to the immediate business areas. Vote: 5-0 PASSES . Past curfew violation notice from Lt. Walter Crickard for the September 16, 2006 Korn concert. The concert ended at 11:10pm. Motion: To send letter to management informing them of this violation reported by Lt. Crickard and requesting a response (McCue - Amoruso) 5-0 PASSES . Letter from Mansfield TRIAD and the Council on Aging inviting the Board to an Emergency Preparedness Forum at the Council on Aging/Library on Tuesday, October 17th from 1:30pm-3:30pm. Mr. McCue indicated that he will try to attend and Ms. Baldwin had previously indicated she will attend. . Letter from State Reps. Betty Poirier and Ginny Coppola inviting the Board to a Sex Offender Forum on October 10th at 6:30pm at the North Attleboro Middle School Cafetorium. r Board of Selectmen Minutes of September 27, 2006 8 r . Letter from the Police Chief informing the Board that the Mansfield Police Department has been awarded a Silver Category Honorable Mention by the Governor's Highway Safety Bureau in their Second Annual Massachusetts Law Enforcement Challenge. The Chief noted that Officer Lawson should be recognized for his work in implementing the program. Motion: To send letter to Officer Lawson in keeping with recommendation of the Chief of Police (McCue - Amoruso) 5-0 PASSES . Check in the amount of $7,000 from the Bristol County Registry of Deeds for the Mass. GIS parcel grant program. Motion: To accept check in the amount of $7,000 from the Bristol County Registry of Deeds (McCue - Amoruso) 5-0 PASSES r Mr. Dentino read the dam inspection report memo that the Town Manager wrote to Mr. Dentino. Mr. D' Agostino said that the intent of the memo was to tell you that the orders for the other two dams are expected in this fiscal year. It was prudent for us to move with the appropriation. Mr. McCue said that he didn't have a problem with the addition of the two dams. Motion: To support the additional $8,000 for the two remaining dams (McCue - Amoruso) Mr. D' Agostino said that he has spoken with the Finance Committee and they want the money as part of the operating budget of the Engineering Department. Mr. Dentino believes we should wait for orders from the state. Vote: 3-2 (Mr. McCarter and Mr. Dentino opposed) PASSES The Town Manager reported the following,. . He has crafted a letter with John Sullivan's help regarding the delay of Route 106 reconstruction project because Northern Construction has yet to re-start the project. Mr. D' Agostino spoke with Northern Construction and they indicated that they will get back out when they can. Mr. Dentino said that we don't have any leverage in pushing Northern because they were not the reasons why the project is re-starting late and is not too keen on pushing Northern Construction. Mr. Amoruso doesn't believe Northern acted in good faith. Motion: To approve having Chairman sign letter to send as written (Amoruso - McCue) 5-0 Passes r Board of Selectmen Minutes of September 27, 2006 9 r r r . He came to the Board several weeks back about ambulance revenue collections. He provided the Board with a memo from Fire Chief Bellavance. He read the memo from Chief Bellavance. The Chief is suggesting that the Board consider contracting with a collection agency trying to collect bills that are ignored. Mr. McCarter suggested bringing the Chief in to talk about a policy for collecting unpaid bills. Mr. Dentino asked where we are not collecting money. Mr. D' Agostino replied that it is residents. and non-residents alike that we are not collecting from. Mr. Dentino suggested that residents not pay for ambulance runs, because they pay taxes. Mr. McCue said that we want to make sure that we are not discriminating if we are pitting residents vs. non- residents. Mr. Dentino asked what the ambulance fees were supposed to cover. Mr. D' Agostino said that the ambulance fees were to help pay for staff. 80'0 of the runs were medical runs. Mr. D' Agostino said that a bill is generated only if there is a transport. . Referenced the" Maturing of America Report" and noted that Mansfield was one of the 10 communities with good ideas for helping seniors. We do have a senior work-write off program as well, which was not mentioned in the report. . Asked that the Board consider a November 14th Special Town Meeting. He provided the schedule to the Board. Motion: To hold the Special Town Meeting on November 14, 2006 (Amoruso - Baldwin) for discussion Mr. McCue asked what is on the warrant and if we need to have one~ Mr. D' Agostino noted that we have to approve the money for the dam inspections. There is an electric bill to National Grid that needs to be paid. Mr. McCue asked how much money it costs to hold a STM. Mr. D' Agostino replied that it costs over $4,500. Mr. McCue asked if there are any pressing issues that must be attended to. Vote: 3-2 (Mr. McCarter and Mr. McCue opposed) PASSES Motion: To open the Special Town Meeting Warrant (Amoruso - Baldwin) 5-0 PASSES . There is the potential for a $800,000 CDBG grant. We are going to submit a grant proposal for downtown revitalization/fa~ade. There is a housing rehab project for the Housing Authority for mentally handicapped persons that needs approximately $100,000. This grant is competitive because the federal grant has cut funding for projects such as these. Mr. McCarter said that we do not have the time tonight to discuss this matter and we will discuss at the next meeting. Board of Selectmen Minutes of September 27, 2006 10 r Ms. Baldwin,' . Thanked the voters for coming out to vote on the 19th. . She asked Mr. D' Agostino if he has begun the interview process for Eileen's replacement. Mr. D' Agostino noted that he has begun interviews and will update the Board as to how the interviews went. Mr. McCue,' . Congratulated Ann and welcomed her to the Board. Motion: To extend the meeting to l1:lOpm (Dentino - Amoruso) for discussion Mr. Amoruso asked what topics he would like to discuss and Mr. Dentino said that he would like to discuss indemnification of the Town Manager. Mr. Amoruso withdrew his second, noting that the discussion would take longer than ten minutes. Mr. Dentino: . He will likely be unable to attend the 10/16 Light Commissioner's meeting and would like the discussion of the PPCA to take place when he is present. r Mr. McCarter: . He will put the Town Manager's performance evaluation and the Clemmey parking expansion license application on the next agenda. Motion: To adjourn at 11:00pm (McCue) 5-0 Passes 'f- 0An~ .4 m b 0 leJlut fl ~e~t!/ ~ 29~ffl-o Signature of Clerk - IYdiJt:n I( 2~~0' Date of Approval r Board of Selectmen Minutes of September 27, 2006 11