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HomeMy WebLinkAboutBOS MINUTES 09-28-2016Board of Selectmen Minutes September 28, 2016 Present: Jess Aptowitz, Chairman; Frank DelVecchio, Vice -Chairman; Mie i��i t V�gerk• Steve Schoonveld and Lee Azinheira; Acting Town Manager. ABSENT: Witham s , T 1 WFA[C>lind George Dentino 1616 OC1 -1 A 8: 36 1. Meeting Called To Order At 7:00 p.m. ga a c Chairman Aptowitz called the meeting to order at 7:00 p.m. The Chairman�{xtir'ry,�ye that the meeting is being broadcast live and taped for future broadcast on Mansfield Calile. Ie dkd ifwere any members of the audience recording, to which there was no response. 2. Consideratioin Of Application By New England Sportservice, Inc., For A Change In Officers/Directors For Their All Alcohol And Wine And Malt Beverage Licenses Located At 885 South Main Street Present before the Board is Robin Anderson, General Manager for New England Sportservice located at the Xfinity Center, 885 South Main Sheet. New England Sportservice is the vendor providing food and beverage at the site. Ms. Anderson explained three members have resigned from its Board with three new members coming on, which requires a change to both alcohol licenses. No Board members had any questions. Motion: To approve a change in officers/directors for New England Sportservice's All Alcohol license located at 885 South Main Street (Trowbridge/DelVecchio) PASSES 4:0 Motion: To approve a change in officers/directors for New England Spotservice's Wine and Malt Beverages license located at 885 South Main Street (Trowbridge/DelVecchio) PASSES 4:0 3. Discussion Regarding Proposed Baron Estates Residential Subdivision Project In Easton Katelyn Gonyer, Conservation Agent, reported to the Board that the Town had received a response letter (two weeks ago) from the Division of Fisheries and Wildlife pertaining to a 28 residential dwelling project "Baron Estates". The project is located off of Mill Street in Easton near the Mansfield Town line. The project requires review from the Natural Heritage and Endangered Species Program (NHESP), due to its location within a Priority and Estimated Habitat. In its review NHESP determined the project will result in the loss of habitat of state licensed threatened/endangered species. In order to comply, Baron Estates would have to adhere to a Conservation and Management Permit and conserve land in perpetuity within the area. The proponent of Baron Estates has offered to put a conservation restriction on 12 acres of land in Mansfield in order to comply but to date does not specify which parcel of land in Mansfield is being considered for the restriction. Ms. Gonyer just wanted the Board to be aware of the situation and will continue to provide information as it is received. No action was taken. 4. Discussion And Consideration Of A Phase IV Water Restriction Effective October 1, 2016 Lee Azinheira, DPW Director, explained this to be very drastic as it moves the Town from Phase I — odd/even watering with limited hours of use to Phase IV —NO outside water use. The information provided to the Board noted that both the Massachusetts Emergency Management Agency and the Executive Office of Energy and Environmental Affairs recommended communities within the Drought Warning area, as outlined in the Massachusetts Drought Management Plan, move to Phase IV. Board Of Selectmen's Meeting September 28, 2016 Page I of Mr. Azinheira noted the Town will accommodate residents with newly seeded lawns as they can apply and pay for a special permit. Mr. Schoonveld asked that the Town be sure to promote this piece of information via social media, cable scrolls and website, Chairman Aptowitz asked what the penalty for violating the order to be which Mr. Azinheira explained the goal is to have residents/businesses comply. Mr. DelVecchio noted in the past when these types of restrictions have been discussed there was always some concern but that does not seem to be the case here. Mr. Trowbridge noted that moving to Phase IV will aid neighboring communities that are downstream from the Town's aquifer. Mr. Azinheira felt it important to be cautious with this resource. Motion: To implement Phase IV Water Restriction effective October 1, 2016 lifting the restriction once the advisory from the State is dropped (DelVecchio/Trowbridge) PASSES 4:0 S. Discussion And Consideration Of Adoption Of Complete Streets Policy Mr. Azinheira explained Complete Streets is a program that the State has in place and follows Federal guidelines. The policy is a commitment to endeavor to the maximum extent practical design, construct, operate and maintain all streets and ways in a manner to provide for a comprehensive and integrated street network of facilities for all users. He summarized that the policy is trying to move communities into considering more walking and biking avenues. Mr. Azinheira explained the adoption of this policy allows the Town to move to the next level where it would be eligible for up to a $50,000 grant where it could put together a plan and would then be eligible for up to $400,000 for actual improvements. Mr. Azinheira reported that Rick Alves, Town Engineer, has already completed the first mandatory training session and is scheduled for the second phase of mandatory training. Mr. Trowbridge asked who decides the maximum feasible extent practical to which Mr. Azinheira replied the Town and is based on a combination of width restrictions on the roads and also costs. Chairman Aptowitz reminded the Board is also the Road Commissioners. Mr. Trowbridge felt $400,000 is not a lot when it comes to roadwork. Mr. DelVecchio was concerned with the phrasing "maximum extent practical" and asked if there has been any feedback from other communities to which Mr. Azinheira has not heard anything and furthered most communities have signed up with others in the process. Mr. Schoonveld felt this to be an opportunity for additional funding and not mandatory for every street. Motion: To approve the Complete Streets Policy developed by the Planning Board and Engineering Department (Trowbridge/DelVecchio) PASSES 4:0 6. Consideration Of MassDOT/Aeronautics Division Grant Assurance For On -Airport Tree And Brush Removal For Runway 32 In Norton Motion: To approve the MassDOT/Aeronautics Division Grant Assurance (Trowbridge/DelVecchio) PASSES 4:0 Board Of Selectmen's Meeting September 28, 2016 Page 2 of 6 7. Resident Questions and Comments Present before the Board is Bill Clemmey, Foundry LLC. Mn Clemmey has provided a letter to the Board regarding Commercial Parking licensing. It is his concern that the second private commercial parking lot (recently sold and licensed by the Board) located at the train station has expanded its parking capacity and is in violation of its 172 spaces. It was noted that the licensee has received a letter from the Town Manager notifying of the violation via email yesterday, Tuesday, September 27ei and via hand delivery today, Wednesday, September 28"'. Mr. Trowbridge specified that the Town cannot do anything with regards to the allowed parking, which is licensed, but would like to see some action taken, referencing a cease and desist, on parking outside of the licensed agreement. Chairman Aptowitz agreed. Mr. Azinheira reported for the Board that Town Manager, William Ross, will be meeting with both parties tomorrow - separately. Chairman Aptowitz felt the decision falls under the prevue of the Board and for the Town Manager and staff to then carry its decision out. Mr. Schoonveld felt that if the licensee is in clear violation of the terms of its license, which the letter does address, it constitutes a public hearing according to the Town's regulations. Mr. Schoonveld also reminded the Board that a second violation constitutes a fine. Mr. Schoonveld asked how the lots are monitored to which Mr. Azinheira noted the Padang Enforcement Officer is always in the area and felt this situation to be obvious. Mr. DelVecchio asked if the licensee has been notified via certified mail to which Mr. Schoonveld clarified that would be for a public hearing only. Motion: That the Town Manager direct the building inspector to issue a cease and desist in violation of the license agreement and or zoning by laws (Trowbridge/Schoonveld) Discussion: Mr. DelVecchio felt if this has occurred does the Town have any recourse to additional money generated by the licensee to which Chairman Aptowitz felt a fine could be levied. Mr. Trowbridge clarified he is only applying the cease and desist to the parking outside of the license agreement. Mr. Schoonveld questioned if the overflow is due to the fact that 55 spots have been lost due to the area construction. Mr. Trowbridge felt if that is the case then the Town should have been notified. Mr. Schoonveld was concerned about the repercussions. Mr. Clemmey wanted to be clear that Foundry, LLC did offer space within its lot for residents only for free to the Town Manager. Mr. DelVecchio responded to Mr. Schoonveld's question by stating although not an ideal situation the Town has provided additional parking and has done a betterjob at publicizing the additional lot. Mr. Azinheira reported paving in the area will be completed by next Wednesday, October 5'h with striping the following week. Mr. Azinheira noted what is important is that Mansfield Avenue will be finished first which should alleviate the parking situation. Motion: That the Town Manager direct the building inspector to issue a cease and desist in violation of the license agreement and or zoning by laws but only if there is continued parking outside of the license agreement (Trowbridge/Schoonveld) PASSES 4:0 Motion: To schedule a date for a violation hearing.(Trowbridge/DelVecchio) Discussion: Chairman Aptowitz noted the violation hearing is pending Mr. Ross' meeting with the licensee (scheduled for tomorrow Thursday, September 29`x'). Mr. Schoonveld inquired if the hearing could be cancelled to which Chairman Aptowitz noted it could. Motion: To schedule a date of violation hearing for October 19 (Trowbridge/DelVecchio) PASSES 4:0 Board Of Selectmen's Meeting September 28, 2016 Page 3 of 6 8. Review and Approve Consent Agenda All items on the Consent Agenda may be adopted with a single motion. Any member of the Board of Selectmen may request that an item be withdrawn from the Consent Agenda for separate consideration in which case that item will be voted on separately from the remainder of the Consent Agenda. All licenses have been routed through Town Hall Departments and any conditions have been noted below. a. Approval Of Board Of Selectmen Minutes For: • Meeting Of September 14, 2016 • Meeting Of September 21, 2016 b. Vote To Approve Warrants: • Town Vendor Warrant No. 17013T in the amount of $837,355.37 • Electric Department Vendor Warrant No. 17013E in the amount of $42,298.21 • School Department Vendor Warrant No. 170135 in the amount of $356,558.13 C. Proclamation • Consideration of Proclamation By Boy Scouts Of America Troop 17 For Ryan Christopher Johnson On His Attainment Of Eagle Scout d. Licenses and Permits • Consideration Of Water Installer's License For Plainville Pump & Excavating Motion: To approve the Consent Agenda as presented (Trowbridge/DelVecchio) PASSES 4:0 9. Consideration and Approval of Town and School Payroll Warrants • Town Payroll/Town Medicaid Payroll 17013PT in the amount of $336,323.04 Motion: To approve Town Payroll/Town Medicaid Payroll 17013PT in the amount of $336,323.04 (Trowbridge/DelVecchio) PASSES 4:0 • Town Deductions Vendor Payroll 17013TV in the amount of $110,440.42 Motion: To approve Town Deductions Vendor Payroll 17013TV in the amount of $110,440.42 (Trowbridge/DelVecchio) PASSES 4:0 10. Correspondence • Resignation Letter From Dana Hourigan From The Fales Oil Site Advisory Committee Chairman Aptowitz asked that a letter of thanks be sent. 11. Town Manager's Report Mr. Azinheira met with Assistant Superintendent Teresa Murphy who informed there is a Safe Routes to Schools Ribbon Cutting next Wednesday, October 5th, which will coincide with the annual Walk To School. Students, teachers, parents and administrators will meet at either the corner of Route 106 and East Street or public parking area at Mansfield Bank at 7:30am and walk to the Jordan Jackson where the ribbon cutting will then take place. Representatives from the State, including the Lieutenant Governor are expected to be in attendance. Mr. Azinheira reported on the tree stubs on the North Common as there have been many inquiries. The intention is to try to pall out the roots versus cutting and grinding the stumps especially given it is a high use area. Mr. Azinheira reported there was a meeting today regarding the paving of the Library and Council On Aging with both directors. He noted this is not just paving the lots but ripping out the curbing and putting new curbing and asphalt in. The parking area portion will begin next Monday, October 3`d with anticipated paving by October 14d'. The building will remain open with access to handicap parking and residents are asked to park on the street. Mr. Azinheira emphasized residents should check with both the Library and COA with regards to any scheduled events as locations could be changed. Mr. Azinheira also noted that during the week of October 17°i — October 21" the asphalt in the area of the entrance and back of the Board Of Selectmen's Meeting September 28, 2016 Page 4 of 6 building will be removed and unfortunately the building will be closed but Meals on Wheels will continue. Chairman Aptowitz asked that this information be made available via cable as well through social media. With regards to Webb Place, Mr. Azinheira made the Board aware that as there have been issues over the years with sewer a decision has been made to replace it. The plan is to replace the 500 feet over the next couple of weeks to a month and will coordinate with neighbors. Mr. Azinheira noted that paving of School Street is tentative for October 13°i emphasizing the reasoning for paving now was due to the large amount of crack sealing and because it is a wide road with so much traffic. Mr. Azinheira noted that if the Town didn't get ahead of it there would be a tremendous cost later. This was in answer to numerous questions from residents who felt the roadway was in good shape. In terms of Maple Street, Mr. Azinheira repotted next Spring the Town will be doing a number of full depth reconstruction projects starting with Maple (from Oakland to Cate Springs) next Maple (fi•om Franklin to Bird Road) and finally then straight to Franklin. Projects will also include Rumford Avenue, Route 106 (where overlay has already begun on the older section) and having the area recently completed by Easton sitting for the winter. Mr. Trowbridge wanted to note that he had a resident go out of his way to say the Town did an unbelievably great job on West Street with regards to both the work and communication. 12. BOS Questions and Comments Mr. Schoonveld asked Mr. Azinheira how the Town/DPW identifies impacts of construction to areas of Town, asking specifically if there are meetings with staff/Mr. Ross. Mr. Schoonveld is suggesting "Impact Memos" as he is looking for a more processed oriented discussion in the planning process and a memo that communicates the potential impacts to affected areas to officials who will be able to communicate that to residents and businesses. Mr. Azinheira noted there are ample discussions and could institute a memo in the future. Mr. Schoonveld asked if a representative from the MBTA could come in and present to the Board its upcoming project in terms of enhancing train station safety. Mr. Schoonveld noted part of the discussion for next week's Workshop, focusing on the Downtown, will include that Norton is advertising the bike path expansion as a means to be able to get into Boston via Mansfield. Mr. Schoonveld questions if those utilizing the bike path will be impressed, if it will be safe to cross busy streets and able to enjoy our businesses. Mr. Azinheira noted partial funding for Norton's project is designated for Mansfield, referencing up to Fruit Street and the Town is looking to improve the crossing. Mr. Trowbridge asked if he could review the ComCann license prior to execution by the Town Manager. Mr. Schoonveld asked that all Board members receive a copy for review. Mr. DelVecchio noted the entire Board is in favor of train station safety but is not sure having the MBTA in to be productive as they will only present what has already been presented and felt the Board should investigate other means. Chairman Aptowitz suggested Representative Barrows for an update. Mr. DelVecchio noted the Audit Committee will not be meeting tomorrow evening as scheduled and has not met since last June. Mr. DelVecchio reminded that the audit was discussed at the Light Commission meeting on the 19"' and since that time the current Audit Committee Chairman, Jim Ragazzo, has postponed due to the audit still in draft form (just requiring Bristol County footnote). Mr. Trowbridge asked if the Town is bound by a certain date to submit that to which Chairman Aptowitz noted the Light Commission can overrule the Chair's decision and submit the audit in draft form. Chairman Aptowitz will send an email Board Of Selectmen's Meeting September 28, 2016 Page 5 of 6 to Chairman Ragazzo requiring a meeting and also scheduling the overdue reorganization of the Committee. Chairman Aptowitz looked for an actual cost with regards to the blasting at the new Public Safety/DPW complex. Initially it was reported to be $90,000 and he would like an up to date cost. Chairman Aptowitz again reminded that he is looking for a report with regards to payroll. He has asked for a fiscal year report for municipal employees listing base pay and any other forms of pay received. He has asked for the information on numerous occasions and would like it by the end of next week, no excuses. 13. Any Items Not Anticipated By the Chairman 48 Hours Prior To This Meeting None MOTION: To adjourn at 8:25pm (Trowbridge/Schoonveld) PASSES: 4:0 Signature Minutes prepared by: Tracey Whalen Documents used in this meeting: Date All Alcohol and Wine and Malt Alcohol Beverage Applications for New England Sportservice Baron Estates Letter and Maps Memo from DPW Director Lee Azinheira Regarding Phase IV Water Restriction Memo from DPW Director Lee Azinheira Regarding Complete Streets Policy MassDOT/Aeronautics Tree Removal Grant Application for Water Installers License For Plainville Pump Board of Selectmen Minutes of September 14, 2016 and September 21, 2016 Meetings Proclamation for Ryan Christopher Johnson Board Of Selectmen's Meeting September 28, 2016 Page 6 of 6