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HomeMy WebLinkAboutmin brd of selectmen 11/01/00 I) ~ 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 r 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. (' · 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 r · Mansfield Music & Arts Society, Inc. One Day Beer and Wine License for Friday, December 1, 2000 at 30 Reservoir Street - reviewed and approved Board of Selectmen Minutes of November 1, 2000 1 (' 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 . 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 . Minutes of October 25, 2000 Selectmen's Meeting Motion : To approve (Amoruso-Robinson) 5-0 Passes Residents: (' 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. r 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 Board of Selectmen Minutes of November 1, 2000 2 r 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 r r 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 Board of Selectmen Minutes of November 1, 2000 3 r an easy initiative petition law and have the reputation of a state that is open-minded. He urged a "NO" vote on this question. r . 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 r Board of Selectmen Minutes of November 1, 2000 4 r 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. r 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. r I 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 Board of Selectmen Minutes of November 1, 2000 5 (" 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. {' 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. r Board of Selectmen Minutes of November 1, 2000 6 c 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. {' 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. r 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 Board of Selectmen Minutes of November 1, 2000 7 c 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: (' · 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. r · 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 Board of Selectmen Minutes of November 1, 2000 8 (' (' r 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 Board of Selectmen Minutes of November 1, 2000 9 {' 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. r 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. (" 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) Board of Selectmen Minutes of November 1, 2000 10 (' 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 J\ ~ ~V Date 0 Ap roval {' r Board of Selectmen Minutes of November 1, 2000 11