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HomeMy WebLinkAboutmin brd of selectmen 11/15/00 r RECEIVED TOWN CLERKS OFF ICE Board of Selectmen 00 DEC - 6 PH 3: 22 Minutes of MA November 15, 2000 NSFIELD M'r~~~:HUSEt~~rman David W. McCarter; Clerk Bradford E. Wills; Selectmen Louis P. Amoruso, Amos Robinson, and Daniel Donovan. John o. D'Agostino, Town Manager The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. . Minutes of November 8, 2000 Motion: To approve (Amoruso-Robinson) 5-0 Passes (' . Warrant No. 21 in the amount of $1,227,758.05 Motion: To approve and sign (Robinson-Amoruso) 5-0 with Chairman McCarter abstaining from Municipal Building Committee payroll and Selectman Robinson abstaining from School Department payroll Selectmen Donovan asked why we granted a license last week when someone owes taxes and a few weeks ago we denied someone one. Selectman Amoruso noted if an individual owed tax money and it was a corporation seeking a license,· it can be granted. Town Manager D'Agostino said he spoke with Town Counsel Mangiaratti and according to Section 22, paragraph 2B, as amended in 1998 of the Mansfield By-Law, the licensing authority may deny or suspend any license owned by any party whose name appears on said list furnished by the tax authority. If it's the same corporation applying for the license that owns property somewhere else with outstanding taxes, the Board would then have to determine if there's a linkage between the two. Chairman McCarter noted in the instance in question, the taxes on that particular property were paid. He noted it's parcels of land that get taxed, not the individual. Town Counsel will review this particular case if the Board so desires. (' Licenses - (a// are renewals and have been reviewed by the appropriate Department Heads unless otherwise noted) Board of Selectmen Minutes of November 15, 2000 1 ( Common Victualler's · MaRiva Inc. d/b/a D'Angelo, 260 Chauncy Street Motion: To approve (Amoruso-Robinson) 5-0 Passes · Kenneth M. DeFazio d/b/a Trattoria La Cucina Di Nonna, 160 North Main Street Motion : To approve (Donovan-Amoruso) 5-0 Passes · Council on Aging/Bristol Elder Services, 255 Hope Street - needs fee waiver Motion: To approve and waive fee (Robinson-Amoruso) 5-0 Passes · The Village at Willow Crossings L.P. d/b/a The Village at Willow Crossings, 25 Cobb Street Motion : To approve (Donovan-Robinson) 5-0 Passes (' · Spiezio Enterprises Inc. d/b/a Geno's Restaurant & Lounge, 407-409 North Main St. Motion : To approve (Donovan-Wills) 5-0 Passes · J.E.P.J. Inc. d/b/a Tahana Restaurant, 60 Oakland Street Approve (Donovan-Amoruso) 5-0 Passes · Regent Café, Inc., 394-396 North Main Street Motion : To approve (Donovan-Amoruso) 5-0 Passes · Willowdale Golf Course Inc., Lorraine Simonelli, Mgr. Motion : To approve (Donovan-Robinson) 5-0 Passes · Teixeira's Donuts of Mansfield, Inc., 221 North Main Street Motion : To approve (Donovan-Wills) 5-0 Passes Class II Used Car Dealers License (' · Fred's Car & Truck Sales, 631 East Street Board of Selectmen Minutes of November 15, 2000 2 . . (' Motion : To approve (Donovan-Amoruso) 4-0-1 with Selectman Robinson abstaining Passes · Christopher G. Matoian d/b/a Motion: To approve (Donovan-Amoruso) 4-0-1 with Selectman Robinson abstaining Passes · Christopher G. Matoian d/b/a Webb Auto, 1 Mansfield Avenue Motion : To appraove (Donovan-Amoruso) 4-0-1 with Selectman Robinson abstaining Passes Live Entertainment Weekdays · J.E.P.J. Inc. d/b/a Tahana Restaurant, 60 Oakland Street Motion : To approve (Donovan-Wills) 5-0 Passes Weekday Music Machine (' · Mansfield Lodge of Elks No. 2633, 140 North Main Street Motion: To approve (Donovan-Robinson) 5-0 Passes · Regent Café, Inc., 394-396 North Main Street Motion: To approve (Donovan-Amoruso) 5-0 Passes Automatic Amusement Machine License · Mansfield Lodge of Elks, 140 North Main Street - coin operated pool/bi//iards Motion : To approve (Donovan-Amoruso) 5-0 Passes Lod9in9 House · Peter Fontanini d/b/a Billings Realty Trust, 18 Thomas Street Motion : To approve (Donovan-Amoruso) 5-0 Passes r Board of Selectmen Minutes of November 15, 2000 3 . . r Town Manaaer and Staff: · Public Service Announcement for Police Officer Examination Clerk Wi//s read the notice · Memo from Jeff Collins, Humane Officer re Leash Law for Cats · Letter from Shaun Burke re: reappointment of H. Thomas French, Jr. and Bernard Dolan to Planning Board · Letter from H. Thomas French, Jr. re: reappointment of Bernard Dolan to Planning Board · Notice to Franklin Street residents from Water Department - water will be shut off from 8 AM through 4 PM on Thursday, November 16th for installation of new water gates and pipe for the Ridgeview Estate subdivision · Copy of letter from Town Engineer John Sullivan to Eugene Geller re: illegal sump pump discharge into sewer system {' · Memo from Lt. George Figueredo re: parking enforcement problem at Fulton Pond parking area on Rumford Avenue - Recommendation that a 2 hour parking sign be insta//ed for Monday through Friday. Town Manager D'Agostino suggested it be considered as part of the review of the downtown parking policy. Motion: To put up the 2-hour parking sign at the Fulton Pond parking area for now, with the understanding it may be changed in conjunction with the downtown plan (Robinson-Donovan) 5-0 Passes · Memo from Helen Christian, Town Clerk, re: new voting machines. Needs a majority vote to discontinue the old voting system (Optech III) and a majority vote to accept the new electronic voting system (Optech IIIP Eagle) Motion: To dispose of the old voting machines (Optech III) (Robinson-Wills) 4-0-1 (Donovan) Passes (' Motion: To purchase the new voting machines (Optech IIIP Eagle) Selectman Amoruso asked about the accuracy rating of the Optech IIIP Eagle. (Donovan-Wills) 5-0 Passes Board of Selectmen Minutes of November 15, 2000 4 r Norma Smith of the Mansfield Emblem Club No. 531 and Kevin Doyle of Mansfield Lodge of Elks reported the recent Wine Tasting held by the Lodge of Elks to raise funds for the restoration of the Fisher Richardson House was a success. He presented a check to the Selectmen in the amount of $700.00. Some of the donations received were from the Mansfield Cooperative Bank and the Old Country Store. The event was held at the Elks Lodge with the assistance of Rum Runners Wine and Spirits. r WHliam Sarro, 795 Maple Street - spoke of people parking in his lot on Chauncy Street and having to call the Police on a regular basis. Selectman Amoruso noted he has a private parking lot and a// the Board can do is respond to complaints of business owners. Mr. Sarro noted he can tow them and warns them of that, but the Police cannot ticket them because it's private property. Town Manager D'Agostino noted the need to establish a by-law to take some type of corrective action on private process, pointing out that the situation is only going to get worse as the parking needs increase. Selectman Amoruso noted there's frequently a patrol car sitting in the public parking lot early morning and suggested it move up to the area of Mr. Sarro's to discourage people from parking there. The Town Manager wi// check to see if Mr. Sarro can put up a sign on his property stating "no train station parking. N Bruce Freal- presented a check from Mansfield Youth Soccer for $25,000 for the sprinkler system. Motion: To accept the $25,000 gift from Mansfield Youth Soccer to install an underground sprinkler system at Plymouth Street (Donovan-Amoruso) 5-0 Passes r Clerk Wills asked if there is a possibility of getting additional space at Joe Ditchman's new lot if we waive the paving requirements. Town Manager D'Agostino noted we are already parking more cars on the Clemmey portion of the property than was agreed upon. Selectman Donovan suggested contacting the MBTA and/or contacting surrounding towns and requesting they provide busses for their residents. Selectman Amoruso noted people ignore the signs and park anyway. Town Manager D'Agostino pointed out we need to explore the matter, but it would not be advisable to suspend the Town's By-laws to do so. Motion: To work out a deal with Mr. Ditchman to do something to provide additional parking. (Wills-no second) Board of Selectmen Minutes of November 15, 2000 5 r Mr. D'Agostino noted we need to have one entity controlling the parking in order to have a comprehensive, orderly plan in the future. Without this, we will have private lots throughout the area with no control of the numbers. It was suggested other towns provide parking for their residents along with busses to take them to the Mansfield Station. Motion: Send a letter to surrounding towns asking them to investigate providing bus service for their residents (North Attleboro, Norton, Easton, Foxboro, Plainville, Wrentham) (Donovan-Wills) Selectman Amoruso suggested it wouldn't have any affect on officials of other towns. Chairman McCarter suggested the spur line to Foxboro Stadium. Vote: 4-1 (Amoruso opposed) Passes (' Clerk Wills read the legal ad as it appeared in The (Attleboro) Sun-Chronicle on October 31, 2000 and the notice received from the Alcoholic Beverages Control Commission authorizing the Sunday Package Store Openings During the Holiday Season. Motion: To open the Public Hearing at 8:30 p.m. (Donovan-Wills) 5-0 Passes Requests were received from the following businesses to participate in the Limited Sunday Openings. Requests were received from the following businesses to participate in the Limited Sunday Openings on November 19th, November 26th, December 3rd, December 10th, December 1¡fh, December 24th and December 31st. Mansfield Deli, 72 Pratt Street - Tom Reilly, Manager Villa Liquors, 219 North Main Street - Paul Mantia, Manager Rum Runner Wine & Spirits, 377 Chauncy Street - Peter De Trolio, Jr., President Dub's Discount Liquors, 30 Chauncy Street - William R. Sarro Bristol Liquors, 670 East Street - David E. DiMarzio, Owner Tedeschi Food Shop, Chauncy Street - Paul F. Kearns Public Comment - Paul Kearns of Tedeschi Food Shop stated they have been open from noon to 11:00 in the past and it's good for business. Motion: To close the Public Hearing at 8:33 p.m. r (Amoruso-Robinson) 5-0 Passes Board of Selectmen Minutes of November 15, 2000 6 r Motion: To approve the seven Sundays listed (November 19th and 26th, December 3rd, 10th, 17th, 24th and 31st.) (Donovan-Robinson 5-0 Passes Motion: To approve the Limited Sunday Licenses for: · Mansfield Variety & Deli (Wills-Amoruso) 5-0 Passes · Villa Liquors (Amoruso-Robinson) 5-0 Passes · RumRunner Wine and Spirits (Amoruso-Wills) 5-0 Passes · Dub's Discount Liquors (Donovan-Amoruso) 5-0 Passes · Bristol Liquors (Donovan-Robinson) 5-0 Passes · Tedeschi's (Donovan-Amoruso) 5-0 Passes (' · Airport Commission Phil Finer - Jewell Street - has been on the Airport Commission since 1988 and would like to continue. Is also a commercial airline pilot. He spoke of the Master Plan coming up for approval, following which improvements can be started. Motion: To reappoint Phil Finer to the Airport Commission for a term ending 2004 (Wills-Donovan) 5-0 Passes · Registrars of Voters Annette L. Shaw, Mill Street - has served on the Board of Registrars since 1972. She noted the last of our mail-in votes are due Friday and will be certified Monday. Selectman Donovan congratulated all those who worked on Election Day. Ms. Shaw spoke of the duties of the Registrars, noting with the Town Hall open Wednesday evenings and mail-in registration, their duties have been cut down considerably. They participate in recounts if necessary and certify the registered voters. Motion: To reappoint Annette Shaw to the Board of Registrars for a term to expire 2004 (Donovan-Wills) 5-0 Passes · Planning Board Bernie Dolan and H. Thomas French, Jr. were present for the interview. Mr. Dolan said he has been a member of the Planning Board for the past 5 î years and enjoys it. He noted they have a good board and base their (' decisions on what they believe is best for the town. Board of Selectmen Minutes of November 15, 2000 7 r Mr. French said he has been on the Planning Board for almost 7 years. He reviewed some of the by-law changes that have been introduced during that time, and spoke of some of the major developments they have been a part of. Clerk Wills asked about their experience with the Master Plan. Mr. Dolan discussed the process and goals that were accomplished with the passage of the Master Plan. Also discussed was fast-food restaurants and where they can be located. Mr. French stated he works as a project manager for a civil and environmental engineering company and uses that experience as a member of the Planning Board. Televised meetings were discussed; neither applicant had a problem with the meetings being televised. The effect of the building limitation by-law and increased lot size were discussed. Mr. Dolan noted the 5-year moratorium on cutting newly paved roads has also kept growth down. (' Selectman Robinson asked about surety bonds and the punch list process. It was noted that is the function of the Subdivision Inspector; Mr. French said they would discuss increasing the contingency if it has become a problem. Selectman Donovan asked about the cutting of roads and if the Town should repair it to their specifications and bill the contractor. It was noted they have to post a bond in order to cut the road. Selectman Amoruso asked what mechanisms the Planning Board uses to review variance requests. Mr. French noted they don't always get as much information on the request as the ZBA does, but they try to determine if there is a hardship, while protecting the neighboring properties, when giving their recommendation to the Zoning Board. Motion: To reappoint H. Thomas French, Jr. and Bernard Dolan to the Planning Board for terms expiring 2006. (Wills-Donovan) 5-0 Passes Mr. French suggested the importance of zoning changes and the need to re-order town meeting articles so these articles are not left until the end of the meeting and decided by a handful of people. Selectman Amoruso suggested if reconsideration were not allowed until the end of the meeting, it might keep people there. Various alternatives were discussed. r · Board of Assessors Board of Selectmen Minutes of November 15, 2000 8 (' Paul Folkman of 190 Winter Street said he has served on the Board since 1989 and would like to be reappointed. He spoke of the changes going on within the Assessors Office and said he would like to participate in the process. Selectman Donovan asked if Mr. Folkman sees any conflict with his being a builder and developer within Town. Mr. Folkman said he is very aware of the Conflict of Interest Law and does not participate in any property he owns or is interested in developing. In response to Selectman Donovan, he said this has happened about twenty times. It also happens occasionally with other Assessors. The Assessors sign off on the values of all real and personal property and act as an appeals board. They also hear cases on abatements of various types and spend much of that time educating taxpayers on how the values and rates are set. The values are done every three years by an outside consulting firm doing the basics of the process. The results are then analyzed statistically to create a data basis in establishing the values for the land and the buildings. They are audited by the State after they've signed off on the values, with the State doing a statistical analysis for comparison with sales values. The new computer system will be available at the counter and enable people to review their property analysis on a website. Construction costs appear to be the same throughout the community, with land values migrating considerably. Town Manager D'Agostino noted the Board has been told that with the new computer system we will be able to do more work in- house. Mr. Folkman noted the timing of Shirley MacPhee's retirement and the hiring of Ed O'Neil with the goal of bringing more work in-house. It will take three to six years to do this. The position on the Board of Assessors pays $6,000 per year. (' Clerk Wills noted speaking with the Ethics Commission and Town Counsel Mangiaratti to see if there is any conflict with Mr. Folkman's involvement on the Board of Assessors and being a builder/developer in town. Clerk Wills noted they both cleared him, with Mr. Popov of the Ethics Commission having a couple of additional questions he would like to speak to him about. Mr. Folkman reviewed his efforts on avoiding any conflicts. Motion: To reappoint Paul Folkman to the Board of Assessors for a term ending 2004 (Wills-Donovan) 5-0 Passes r The Town Manager reported on the following: Board of Selectmen Minutes of November 15, 2000 9 (' · After the last meeting on the discussion with GATRA he received a call from Town Manager Chris McCabe of Norton, who would like to have a joint meeting of the Mansfield and Norton Selectmen after Thanksgiving on a Tuesday or Wednesday evening. Selectmen Amoruso said he spoke to Selectman Kimba// of Norton, and they were surprised that Mansfield would be assessed $22,000 for the bus. It was suggested meeting with them at 8:30 on December 4th following the Light Commissioners meeting. Town Manager D'Agostino suggested also inviting Frank Gay of GA TRA to the meeting. Concerns regarding satellite parking were also noted. Selectmen noted ways of providing long term parking also need to be discussed, with the line being expanded in the future to run to T. F. Green Airport in Warwick, RL Selectman Amoruso spoke of the value of the Chilson Foundry property for future development, particularly with an access to County Street with future industrial development in that area. (' Selectman Donovan asked for an update on the parking at Old Colony Way and Rumford Avenue. It appears there is additional town-owned land in that area which has been encroached upon since December of 1980. We are in the process of notifying the owner of the encroachment in order to avoid an adverse possession situation. An update was also given on the status of the Ditchman property we are using for parking. We believe we are parking 30-40% more than the number agreed to. · He has discussed lighting on the pole that lights the Doughboy and the flag on the South Common. They are in the process of repairing the lights. Selectman Robinson noted the flag should not be flown at night without illumination. The Veterans Agent is in the process of providing a policy for the display of flags throughout town. (' · The holiday lighting on the North Common does not meet safety codes and corrective action will be necessary. We have been working with the Wiring Inspector in conjunction with the development of the Train Station. He is indicating we can wait no longer and the conduit must be buried. Mike Ahearn said they could purchase the materials and labor for approximately $37,000. The bulbs and wiring also need to be replaced. The project can be completed prior to Christmas, with an additional commitment to labor at overtime rates. We will need to hire a master electrician, which license Mr. Ahearn holds, but funding would have to be sought from the Light Department. The conduit would be placed deep down to accommodate construction at the Train Station and underground irrigation. Selectman Robinson suggested letting it go for a year. Clerk Wi//s suggested lighting only the center evergreen on the North Common Board of Selectmen Minutes of November 15, 2000 10 r for this year and proceeding with the work next season. Chairman McCarter noted the town wHl be amply decorated even without the North Common decorations. The Light Department can handle the one tree with running new Romex. Selectman Wills noted a policy needs to be established to take the lights down every year, or replace them every three years or so. It was the consensus to run the new Romex, decorate the one tree, and come back with a plan to do the conduit next year. · The dedication of the new Compost Facility off Fruit Street is scheduled for Saturday, November 18th from 12:00 to 3:00 p.m. We anticipate saving approximately $200,000 on the construction costs by acting as general contractor for the project. A tent will be erected and hot dogs and hamburgers will be served at the dedication. r · We have a contract for a SCADA system analysis for the Wastewater Treatment Plant in the amount of $5,327 for Woodard and Curran. This consulting contract will give us a cost estimate and construction phasing for the project. Selectman Amoruso questioned why Camp Dresser McKee is not doing this as part of their contract. Town Manager D'Agostino noted we are using Woodard and Curran on the SCADA system and monitoring component and the work will be integrated and coordinated between the two consulting firms. Selectmen Amoruso said his concern relates to unforeseen, unanticipated expenses. It is being brought to the Board's attention only because he said he would keep them advised on the costs. It is part of the original cost, but Woodard and Curran is being hired as the consultant. Motion: To support the $5,327 contract with Woodard and Curran to determine project phasing the SCADA system, etc. (Wills-Donovan) 5-0 Passes · Today was the final day to submit items for the Time Capsule. We are in need of nominations for the 100 most notable citizens of Mansfield. If a photograph is not available to submit with the nomination, we will obtain one. Please drop off any nominations at the Buzz, the Town Manager's Office, or John Cuneo at home. It will be sealed after the Holiday Parade. · Tomorrow night is the Water Connection Policy Workshop r . Selectman Donovan noted reading Southeastern Regional's report and asked that the Board bring Mr. Flannery back to do some explaining regarding their meeting last night which he read about in the newspaper. He also noted the Board of Selectmen Minutes of November 15, 2000 11 - .. r , fence at the top of the stairs near Cuneo's has been pulled away and needs to be fixed. One of the bulbs on the lights we installed on the stairs is not working. It is on order and wi'll be replaced. He also asked about what was dumped at the Hercules site that has caused the contamination, noting he was told they only dumped talcum powder there. Town Manager noted we have hired a licensed site professional and don't believe there are any materials there that are hazardous. Test wells were not done at the time the site was capped When the engineering was done back in 1988, the DEP standards were not the same for closure purposes as they are today. We are under a consent order to fl1e to begin the process for closure purposes. We did not place the contaminants on the site and want Hercules, a $3.2 billion company, to take responsibility for it. We have a responsibl'lity to be sure it is closed properly since we now own the property, but we did not contribute to the contamination and do not believe we should be responsible financially to clean it up. He also asked for an update on clearing the right- of-way on the sewer interceptor. We have notified those encroaching on the property and will be going in to clear the width needed to maintain the right- of-way. Selectman Donovan noted it's been a long time since the funds for the ladder truck were appropriated and at that time the increasing cost was noted. We will have the Chief in to update us. He commended those who worked long and hard at the polls. r . Clerk Wills asked if we've received a report on the Tweeter Center from the Police Chief. He is away and will return Monday. He also asked if anything's been done in getting in touch with Coke or Pepsi. We do not have the volume necessary and the information wl1l be generated to see if it's worth pursuing. There was no new business discussed Motion: To adjourn at 10:45 p.m. (Donovan-Robinson) 5-0 Passes r Board of Selectmen Minutes of November 15, 2000 12