HomeMy WebLinkAboutmin brd of selectmen 11/01/00
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Present:
RECEtVED
TOWN CLER~S OFf tCE
00 DEC -6 PM 3: 24
MANSFIELD
MASSACHUSETTS
Chairman David W. McCarter; Clerk Bradford E. Wills; Selectmen
Louis P. Amoruso, Amos Robinson, and Daniel Donovan.
John O. D'Agostino, Town Manager
Board of Selectmen
Minutes of
November 1, 2000
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The meeting was called to order at 7:30 p.m.,
Motion: To go into Executive Session at 7:01 p.m. for the purpose of discussing
pending litigation
(Amoruso-Wills)
Roll Call Vote: Robinson, aye; Amoruso, aye; Wills, aye; Donovan, aye; McCarter,
aye 5-0 Passes
The meeting reconvened in Open Session at 7:55 p.m. followed by the Pledge of
Allegiance to the Flag.
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· Warrant No. 18 in the amount of $2,917,120.68
Motion: To approve and sign
(Amoruso-Donovan) 5-0 with Chairman McCarter abstaining from
Municipal Building Committee payroll and Selectman Robinson abstaining
from School Dept. payroll and Voucher 53097 Passes
· Warrant No. 19 in the amount of $1,039,640.45
Motion: To approve and sign
(Wills-Donovan) 5-0 with Chairman McCarter abstaining from
Municipal Building Committee payroll and Selectman Robinson from School
Department payroll Passes
· Class II Car Dealer License for Times Past Automobiles, Inc. at 85 Copeland
Drive - reviewed and approved by appropriate department heads
Motion: To approve and sign
(Donovan-Wills) 4-0-1 with Selectman Robinson abstaining Passes
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· Mansfield Music & Arts Society, Inc. One Day Beer and Wine License for
Friday, December 1, 2000 at 30 Reservoir Street - reviewed and approved
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by appropriate department heads; request for Selectmen to waive the fee
because it is a non-profit organization .
Motion: To waive the fee and approve the license
(Amoruso-Wills) 5-0 Passes
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Mansfield Music & Arts Society, Inc. One Day Beer and Wine License for
Saturday, December 9, 2000 at 30 Reservoir Street - reviewed and
approved by appropriate department heads; request for Selectmen to waive
the fee because it is a non-profit organization
Motion: To waive the fee and approve the license
(Wills-Amoruso) 5-0 Passes
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Minutes of October 25, 2000 Selectmen's Meeting
Motion : To approve
(Amoruso-Robinson) 5-0 Passes
Residents:
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Letter from Michael G. Souza Sr. of Boy Scout Troop 17 requesting permission to
use the land next to the Police Station for their annual Christmas Tree Sale
Motion: To approve
(Wills-Robinson) 5-0 Passes
Bill Gerber, 362 Central Street - presented Mr. Wills with a $25 gift certificate
for a restaurant of his choice won by Mr. Wills for advertising on Swap & Shop. He
also reported he received a letter from AT&T Broadband regarding his cable
television subscription and spoke with a AT&T customer service representative
regarding a problem with the letter and what his subscription actually is. He was
not happy with the service he received, reporting the representative was not aware
the letter had gone out and was not able to provide much information. He stated he
will write a letter of complaint to the Ad Hoc Committee to Review the Cable
License. He also reported speaking with the Town Manager and they discussed
doing a program on the new Sludge Composting Facility.
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Jim Higgins, 41 Angelina Lane - stated he is following up on the need for a
gymnasium for basketball. Chairman McCarter spoke of the conversation with the
School Committee, noting they couldn't fund it through School Building Assistance
Bureau (SBAB) and it has not been pursued further. Mr. Higgins asked how such a
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request could be presented to the Capital Improvements Committee for further
consideration and discussion followed as to the procedure. Selectman Amoruso
suggested it may be appropriate for the Selectmen to send a letter to the
Municipal Building Committee (MBC) as a starting point, and they could go to the
Schools with the information they have on gymnasiums. Mr. Higgins noted the
schools have some drawings from their previous proposal and they could be scaled
back. He further repòrted that with three outside vendors in Foxboro and Easton
providing practice space, they are currently able to accommodate all players.
Chairman McCarter suggested he convince the Selectmen to put such an article
before Town Meeting and to work in conjunction with the School Department.
Selectman Amoruso explained the first step is a needs assessment and the
completion of questionnaires for the SBAB. Mr. Higgins said he believes some of
that has been done and it was rejected. Selectman Amoruso suggested they draw
on that to complete their initial steps with the assistance of the MBC. Mr.
D'Agostino spoke of the public/private partnership in Attleboro to build a hockey
facility. If the project is going through the SBAB, it must go through the School
Committee. Without SBAB, the Selectman could sponsor such an article, possibly
through debt exclusion
Motion: To send a letter to the MBC and also the School Committee, to get their
feedback on gymnasiums they've done
(Donovan-Amoruso) 5-0 Passes
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Police Chief Arthur O'Neill - came before the Selectmen with two issues.
. Question 8 on next week's ballot which speaks to public safety, noting he
feels a duty to explain it to the public because it presents itself as a drug
treatment plan when it is actually a drug legalization plan. It noted it states
a noble purpose of using drug dealers' money to treat their victims and spoke
of the human and economic damage that come about as the result of drug
problems. He pointed out that mandatory sentences were passed for drug
dealers. This law, however, will allow anyone with up to 28 grams of heroin,
which is drug trafficking, a free pass not once, but twice. All they need to
do is complete a drug course and their case is dismissed with no record.
With two arrests and no convictions, he could be put in a position of having
to hire these individuals as police officers or issue them permits to carry
concealed weapons. The state is spending $152 million on drug treatment
now, so this amount is paltry compared to what they already have. The tools
the Police Departments are now allowed to purchase with drug seizure money
would then have to come out of the Town budget. He warned citizens not to
be deceived by the claim of an elderly grandmother's property being seized
because her grandson dealt drugs from her property, because it's not true.
$1 million was spent on the advertising campaign to pass this, and it all came
from out of state. He noted Massachusetts was targeted because we have
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an easy initiative petition law and have the reputation of a state that is
open-minded. He urged a "NO" vote on this question.
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. The Chief also spoke of his dismay at the coverage given an issue brought up
by the Board last week regarding an Alcoholic Beverage Control Commission
(ABCC) issue. He explained he did not come to the Board with the issue
because it involved people in his employ. When a liquor complaint comes to
him from one of his officers, he acts as the prosecutor in presenting the
case to the Board. He said he could not prosecute such a case involving his
own people. He took it to the ABCC to see if his officers did the
investigation property. The hearing was held and the decision was rendered,
and he believes the decision was probably harsher than any decision the
Board would have rendered. He apologized for not advising them he was
bringing the case right to the ABCC. Chairman McCarter acknowledged
bringing the matter up for discussion, noting when he saw the decisions he
didn't remember having the violations brought to the Selectmen. He then
asked the Town Manager to find out about them and it was a just explained
and he believes it is a reasonable explanation. He noted the Selectmen are
the licensing authority and he hopes this situation will not reoccur. The
question was not brought up to create a controversy, but simply to find out
the facts. He stated his belief that the Board as the local licensing
authority should be involved in the decision to bring the case before the
ABCC. He also noted the options offered by the ABCC to take a suspension
or pay a fine, when the local licensing authority does not give the violator
the opportunity to pay a fine in lieu of a suspension. He expressed his
concern that others would then want to take that route to avoid a possible
suspension imposed by the Selectmen as local licensing authority. The Chief
expressed dismay about the irresponsible press coverage given the issue,
noting these officers and their families paid their dues and were ready to
move on. Mr. Donovan disagreed and said he wants a copy of the transcript.
Clerk Wills also noted these men were off duty at the time of their
violations and should not have been treated differently than others who
violate the law. He noted it is not the fault of the owners of the
establishment that a fight starts involving an officer and they end up with a
license suspension. The Chief noted it was not to by-pass the Board. He
stated police officers are one of the few jobs in society where a person can
be punished for things they do off duty. They lost wages as a result of
their actions.
Motion: To get a transcript of the hearings
(Donovan-Wills) 4-1 with Selectman Robinson opposed Passes
Discussion followed regarding obtaining transcripts. Selectman
Amoruso noted we need to evaluate the violations in light of license renewals
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coming up. He does not want to use them to evaluate the actions of the
Chief or his officers. Chairman McCarter noted as the licensing authority
we should be able to review the situation, but he did not want the
transcripts for the purpose of holding another hearing. Selectman Robinson
recalled previous occasions when holding a hearing was discussed. He noted
it's a sensitive matter and we should just move on with it.
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Don Bunavicz, 1381 East Street - commented on a water bill he received a couple
months ago and congratulated the Board of Selectmen and Town Manager on the
good job they are doing. He commended Selectman Robinson for bringing up the
matter of respect for the flag and Chairman McCarter for bringing forth the
matter of the license suspensions. With regard to his water bill, he noted he's
been a Mansfield resident for many years and asked the Selectmen for their
assistance in resolving a water bill dispute. He stated from May 10, 2000 to
August 7, 2000 - with a new meter installed July 28, 2000 and read on August
31,2000--a period of 35 days-he was billed for 17,300 cubic feet of water, which
equals 129,404 gallons-enough to fill more than 12 sixty foot tanker trucks. He
noted 250 gallons per day is the average usage. His bill for 3,697 gallons was 15
times the norm. The meter was checked for calibration, but the start of the
initial reading was never verified. The meter on occasion made a loud, ticking
noise that could be heard throughout the house when the water was running. For
12 years at 1381 East Street he has not had an "actual" water bill. This bill is
$625 and he can't explain why it is so high, but doesn't believe he used 4,000
gallons per day. The bill is due tomorrow and he asked the Board for a decision.
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Kurt Gaffney, Water Operations Manager, noted meeting with Mr. Bunavicz,
stating a water company runs off water meter readings. He did not have a meter
in the house and was notified in 1997 by Mr. Morrison that he needed one. When
the state said it had to be metered, we converted his plumbing to put in a meter
at our cost inside his house. It started at "0". On August 31st it was read. He
called on September 15th and reported it was making noise. It was sent out to be
tested and it came back 99.5'0 accurate. He has been notified that the bill
stands. Because he did not previously have a meter, we had no track record of his
water use to go by. Mr. Gaffney said he doesn't believe it's inaccurate, noting
that in 34 years he's never had a small meter read anything other than what's
going through the meter. The meter was put in June 15th. The first reading was
for the first billing cycle after 77 days. It's not an extraordinarily high bill for
the summer months with people watering lawns. Mr. Bunavicz said the order
might have gone out then, but the outside register or wires were not installed
until August 3 ¡st. The installer called twice to delay the installation and arrived
July 28th around 2 p.m. to install the meter. It was read August 31st. Mr. Gaffney
noted his responsibility is to bill for water that goes through the meter and he is
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not responsible for what happens to it afterwards. Chairman McCarter asked for
an estimate of what would be a fair bill for that period of time. Mr. Gaffney
noted it could be 600 gpd or 1,000 gpd. He does not believe the meter is at fault.
The new meter was put in because the other one was sent out to be tested.
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According to Mr. Bunavicz, 1400 cubic feet has been used since then. This meter
does not make any noise at all. The meter was only in place for 35 days after the
lawn watering season and swimming pool season. Mr. Gaffney said the reading was
not for September. Selectman attempted to establish what an average person
uses (110 gpd per person) Mr. D'Agostino asked to bring the plumber in if we have
an invoice of June 15th and installation after July ¡st, noting that's a problem and
we need to find out from the plumber what's going on. The Board stated they
could suspend the late charge and continue the investigation and maintain his
discount, noting he responded to the letter on June 15th by telephone when he
received the letter on June 15th. Mr. Gaffney maintained that the meter reads
the amount of water that goes through it. Clerk Wills noted leaving the hose on
for a month would equal 84,600 gallons. The Board offered to suspend the late
charges and any discount he's entitled to would be credited on the next bill. Mr.
D'Agostino pointed out the only new issue since their meeting two weeks ago was
when the plumber installed the new meter. Selectman Amoruso said he would like
to see what the reading is since September 15th. It was done and is running about
600 gpd. If we obtain the time period for the new meter, we could determine if
that is a typical usage for the individual. Mr. Bunavicz reviewed actual readings
taken from 1987 to 1995. There was no meter over the last three years. A
swimming pool was put in 1989 and it's filled with a garden hose. It's never been
emptied because it's an inground vinyl pool. It holds 25,000 gallons.
Motion: To hold the bill for now until we resolve the problem and get back to Mr.
Bunavicz by the end of the week. To further put the matter on the agenda next
week.
(Wills-Donovan) 5-0 Passes
Frank Gay, Greater Attleboro Taunton Regional Transit Authority Administrator,
presented the results of a study done by GA TRA and SRPEDD for providing bus
service from Norton Center to the Mansfield Train Station along Route 140
requested by the Town of Norton. Norton recently voted to go forward with the
recommended alternative of establishing a regular route between the Norton Post
Office and the Mansfield Train Station. GA TRA is also expanding their service.
The Mansfield Selectmen are now being asked for their blessing on the proposal.
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Town Manger D'Agostino noted he and Mr. Gay have met previously, but elected to
wait until after Town Meeting to bring the matter before the Selectmen. He
stated there is a cost involved. Norton is planning to provide satellite parking and
bussing people to the Train Station. We are currently assessed a charge for
service at the Council on Aging. Any services provided within the Town require the
Town to pay an assessment based on the amount of service provided. Selectman
Donovan questioned why Mansfield would want to pay an assessment for Norton
people to be bussed to the Train Station in Mansfield. He stated he would rather
see people bussed in from Plainville and Foxboro and let them pay to provide the
service. Mr. Gay explained negotiations underway with Wheaton College to provide
a contribution to the local assessment. Selectman Amoruso noted this would no
doubt benefit the citizens of the Town of Norton, but he's heard of no demand
from Mansfield residents for such a service. He noted his concern that it would be
negative for the town of Mansfield, with service being provided from the Train
Station to Tweeter Center and Great Waves. If the Tweeter or Clemmey lots were
to be used as satellite lots, it would only encourage more traffic in an area where
there are already problems, with Mansfield paying part of the transportation costs
with no benefits to Mansfield.
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Mr. Gay noted opportunities with the bus traveling down South Main Street and
providing access to the center of town. The service is proposed at peak hours for
train connections, with hourly service throughout the remainder of the day.
Selectman Amoroso questioned where they would be getting to, as he is not aware
of any recreational opportunities available in downtown Mansfield or downtown
Norton. He further stated there are a minimal number of people along the route
who would be utilizing such a service and if the current Mansfield Connection has
not been highly successful, he's not sure of the need of Mansfield residents for
such a service. He asked why Mansfield would want to pay to encourage satellite
parking lots and additional traffic. The only possible advantage would be to reduce
the number of people parking at the station and free-up additional spaces at the
Station. Concern was expressed about Mansfield turning into the commuter parking
capital of southeastern Massachusetts. Mr. Gay said they are looking to do it on a
pilot basis--without much acceptance or enthusiasm from the Board of Selectmen.
Concern continued regarding adding to the traffic load at the Route 140/495
interchange and encouraging satellite lots. Mr. Gay noted Phase 2 of the Train
Station project speaks of obtaining additional parking. This would give us
information as to whether satellite parking would work.
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Mr. D'Agostino spoke of the need for parking expressed at the meeting with
Mansfield's Back Bay residents on Monday evening. He noted something needs to be
done about the current parking situation and the Board is going to have to make
some determination reasonably soon. If GA TRA money is used, the parking cannot
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be restricted to Mansfield residents only. This will drive what type of regional
transportation center Mansfield will become somewhere down the road. He
suggested keeping our options open and spoke of comments he's received from the
youth in Mansfield clamoring for a bus or some transportation to get to a mall.
Selectmen noted their parents might not be clamoring for that. Selectman
Amoruso suggested if the only stop in Mansfield would be the Train Station, he
could see a benefit to Norton residents and it might be a compromise position. He
would not, however, support satellite lots, would want to discuss any proposed stops
in Mansfield, and doesn't want the Town of Mansfield to have to pay to have the bus
come through Mansfield.
Mr. D'Agostino suggested taking a step back and reviewing the input received
tonight and for Mr. Gay to possibly come back with some benefit to the residents
of Mansfield.
The Town Manager reported on the following:
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· Representatives Frank and McGovern, Reps. Hyland, and Poirier, and Senator
Sprague will be attending a meeting at 11:00 a.m. on Friday to hear a
presentation on the Phase 1 Train Station Project. Additional funding for
Phase 2 parking will be requested and discussed. The Town will also request
funding at a future Town Meeting for parking for Mansfield residents. He
suggested the need to look at leasing or acquiring additional property for
Mansfield residents only, with the revenue from the parking paying for the
improvements.
· Time Capsule committee is meeting on a weekly basis. They are looking at
introducing the time capsule at the Holiday Parade and gathering information
to go into the time capsule. The time capsule will be paraded on a flat bed
truck and presented at the Common. Nominations for the town's 100 most
notable, colorful and memorable residents are being encouraged, along with
photographs of the individuals nominated. Town Manager D'Agostino
nominated Karl Clemmey. The deadline date for submission of nominations to
the committee is November 15th. Donations of items depicting the life and
times of Mansfield 2000 are also being solicited. Nominations and donations
can be submitted to the Mansfield Buzz.
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· Town Hall will be closed on Friday, November 10th in observance of Veterans
Day and also on Thursday, November 23rd and the following day for
Thanksgiving. To make up for the time off required contractually with the
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half-day closing on Friday, November 10th, we will also be closing Town Hall
at 4:00 p.m. the day before Thanksgiving.
·
The Veterans Day Parade will take place on Saturday, November 11th and will
begin at 10:00 a.m. at Memorial Park. The VFW and our Veterans Agent
Jerry Scherma are in charge of the arrangements.
·
The issue of brown water in the Mill Street area raised by Selectman
Robinson has been investigated. On October 11th the water main flushing
was done in that area. Selectman Robinson noted it was the worst he's even
seen, and it did occur doing that tie period. Town Manager D'Agostino noted
it's caused by dead-end water mains, which necessitate the flushing, and is
the reason we now require water mains to be looped.
·
The Town is experiencing a shortage of the flu vaccine and anticipates
approximately 40'Yo of the population will be unable to obtain the flu vaccine.
Presently we are only able to serve high risk individuals. Today there were
lines outside the Council on Aging and some of the residents were not
eligible for the vaccine.
· We received notification from Reps. Frank and McGovern that no additional
funds for fencing will be granted to the Town of Mansfield. Selectman
Robinson asked that a letter be sent to them asking what happened to that
scenario. He questioned if the funds had been diverted to the FAA for
airport expansion. Mr. D'Agostino suggested Selectman Robinson attempt to .
attend the meeting on Friday. The question was also raised as to why so
much fencing was installed in Foxboro, when the population density is
greater in Mansfield.
· Advised the Board of an upcoming meeting sponsored by Rotary "Futures
Meeting" highlighting the youth in Mansfield and identifying their needs.
There are eight spots reserved for Government, as there are for each other
sector of the population. He suggested someone from Finance and Planning
be chosen to represent Government at the forum, which will be held on a
weekend day or days during February.
· Monday night a meeting was held with the residents of the Back Bay area on
the issue of parking. The conclusion was drawn that the parking restriction
ban of the Board needs to be modified, with no parking allowed from 6:00
a.m. to 10:00 a.m. or 12 noon rather than the two-hour parking signs. The
density of "no parking" signs also needs to be reduced and staff will advise
the Board on a policy for possible adoption as a result of the meeting. He
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suggested the parking regulations last revised in 1936 should also be
reviewed and revised. The placement of "no parking" signs should also
become part of those regulations and the restrictions should be introduced
into the Town's By-laws.
Chairman McCarter suggested combining old and new business in the interest of
conserving time.
Selectman Robinson reported receiving calls that there are no speed limit signs in
the area of Darby Drive. He also asked if November 1st or December 1st is the
start of the winter parking ban and suggested putting it on cable so people can
make necessary arrangements. He asked about arrangements for the Annual
Meeting of the MMA.
Chairman McCarter asked if the speeding complaints received from Otis Street
residents have been followed up on. Mr. D'Agostino will provide a report from the
Chief as to what is planned.
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Clerk Wills asked what a reasonable length of time is to get action on a request,
specifically his request for fee review. Mr. D'Agostino said fees are usually
reviewed in conjunction with the budget process. He recommended we hold a public
hearing on the fees the Board sets. He also asked about the comments from
Department Heads for the Tweeter license. Mr. D'Agostino noted the comments
are being received and he will provide them as a packet next week. Chairman
McCarter said he was contacted by Mr. Montgomery, who noted his willingness to
start the negotiations for the Tweeter license prior to January. Clerk Wills also
asked the Town Manager to look into hiring a retired State Police officer to handle
the security at the Tweeter Center. He reminded the Board that Light
Commissioners are meeting Monday night and their packets should be ready Friday.
Selectman Amoruso reminded voters of the election on Tuesday, with the polling
location at the High School. Schools are in session half a day, and he urged people
to allow ample time for traffic and parking. Mr. D'Agostino will talk to Mr. Moretti
to make sure the parking lot lights will be on.
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Motion: To go into Executive Session (at 10:26 p.m.) for the purpose of discussing
the acquisition of and setting the value of real property in conjunction with the
Train Station and to come out of Executive Session only to adjourn.
(Amoruso-Robinson)
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Roll Call Vote: Selectman Robinson, aye; Selectman Amoruso, aye; Clerk Wills,
aye; Selectman Donovan, aye; Chairman McCarter, aye Passes
The meeting reconvened in Open Session at 10:57 p.m.
Motion: To adjourn
(Robinson-Wills) All in favor Passes
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Date 0 Ap roval
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