HomeMy WebLinkAboutmin brd of selectmen 09/20/00
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Chairman David W. McCarter; Clerk Bradford E. Wills; Selectmen
Amos M. Robinson, Louis P. Amoruso 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.
Brother Alexis Bugnolo of 62 Pilgrim Road addressed the Board as a member of the
Ad Hoc Committee to Review the Cable License. He spoke of the petition on which
he obtained 335 signatures of residents opposed to pornography being broadcast
and expressed his concern as a private citizen. He asked the Selectmen to sponsor
an article at the Special Town Meeting to fund a feasibility study for a municipal
cable fiber optic service network and outlined the benefits to the Town and its
residents in doing so. He also noted it would be consumer operated and controlled,
and therefore more capable of responding to the needs of the Town.
Clerk Wills suggested the subject be discussed at the next Light Commissioners
meeting rather than bringing it before Special Town Meeting as a warrant article.
Chairman McCarter noted this topic has been discussed in the past, recalling it was
an $8-9 million venture and at that time the Light Department Director wanted to
stay in the business of providing electricity. He noted, however, that as Light
Commissioners they could use Light Department funds without going for a Town
Meeting vote.
Brother Alexis Bugnolo said a warrant article would serve as a poll of the citizens,
noting the Light Department already has the funds to provide the service. A
question was suggested to ask the voters to authorize the Light Commissioners to
investigate the feasibility of this. Selectman Amoruso suggested it go to Special
Town Meeting as a resolution rather than article, since they already have the
authority to do so.
Motion: To put forth such a resolution
(Donovan-Wills) 4-0-1 with Selectman Robinson abstaining due to his
previous employment with the cable company Passes
Board of Selectmen Minutes of September 20, 2000
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Selectmen asked how many articles will be on the Special Town Meeting Warrant
and how many of them were anticipated to be "money" articles. Town Manager
D'Agostino spoke briefly on the matter, noting the warrant does not close until 8
o'clock tonight and is not yet final. An update of the on-going projects will be done
next week. Mr. D'Agostino suggested the Selectmen also set aside meeting time
soon to review the articles. The review will be carried out over the next three
meetings.
Motion: To close the Special Town Meeting Warrant
(Robinson-Wills) All in favor Passes
1. Warrant No. 12 - $2,509,413.93
Motion: To approve and sign
(Amoruso-Robinson) All in favor with Chairman McCarter abstaining
from Municipal Building Committee payroll and Selectman Robinson
abstaining from School Department payroll and related items Passes
2. Warrant No. 13 - $1,092,177.28
Motion: To approve and sign
(Amoruso-Donovan) All in favor with Chairman McCarter abstaining
from Municipal Building Committee payroll and Selectman Robinson
abstaining from School Department payroll and related items Passes
. Minutes of September 13, 2000 Selectmen's Meeting
Motion : To approve
(Amoruso-Donovan) All in favor Passes
. Rezza Bond Issue - This was voted and signed last week; however, there was
a typographical error on the paperwork prepared by bond counsel. Last
week's vote needs to be rescinded and revoted
Motion: To rescind the vote taken September 13,2000 to approve the
sale of bonds to Joseph P. Rezza for Water Land Acquisition
(Donovan-Wills) All in favor Passes
Motion: To approve the sale of the following 4.50 percent bond to the
Town to Joseph P. Rezza at par and accrued interest:
$900,000
Water Land Acquisition Bond dated September 22, 2000
and payable as to principal in twenty installments of $45,000
each on September 22 in each year commencing
Board of Selectmen Minutes of September 20, 2000
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September 22, 2001 and ending September 22, 2020.
(Wills-Amoruso) All in favor Passes
. Parade Permit for V.F.W. Post 3264 and local groups for the Veterans Day
Parade on November 11th - approved by Police and Fire Chiefs
Motion: To approve
(Robinson-Wills) All in favor Passes
· Parade Permit for Lori Lausurarian for parents and children to hold their
annual parade within Forest Park between 4-5 p.m. on Halloween - approved
by Police and Fire Chiefs
Motion: To approve
(Amoruso-Wills) All in favor Passes
. Mansfield Lodge of Elks No. 2633 License for one automatic amusement
device - routed to Planning, Building/Zoning, Board of Assessors,
Treasurer/Collector and there were no objections or outstanding issues or
taxes
Motion: To approve and sign the license
(Donovan-Wills) All in favor Passes
Town Manager and Staff:
. Memorandum from Lorilee Fish, Park & Recreation Director, inviting the
Selectmen to serve as Grand Marshall(s) for the Annual Halloween Parade on
Sunday, October 29th at 2:00 p.m. beginning on the South Common
Parade Permit Application attached - approved by Police and Fire Chiefs
Motion : To approve
(Wills-Robinson) All in favor Passes
. Copy of letter to Joe and Emma Gonsalves from Fire Chief Sliney thanking them
for another generous donation to the S.A.F.E. program conducted in the schools
for pre-school through grade 8
Send a letter of appreciation from the Selectmen and have the Police Chief
arrange for the Gonsalves to come to a Selectmen's meeting to be recognized
for their contributions to the Town.
Staff recommendations/comments received on "The New Mayflower Compact"
from: John Sullivan, Town Engineer; Dick Lewis, Environmental Conservation
Board of Selectmen Minutes of September 20, 2000
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Planner; Lorilee Fish, Park & Recreation Director; Shaun P. Burke, Director of
Planning and Development; Town Accountant Bea Kearney.
Town Manager D'Agostino reported he believes the Compact is worth signing and
will give us leverage at the State and Federal level. Selectmen Donovan asked if
there is a cost factor or if this would dictate what the Town has to do. The
Town Manager stated he is not aware of any cost factor and thinks it would be
appropriate. Selectmen discussed the initiatives proposed in the Compact.
Motion: To postpone signing the Compact until October 11th pending further
review
(Donovan-Wills) All in favor Passes
Boards and Committees:
. Memorandum from Planning Board Chairman Tom French regarding the
appearance of the commercial parking lot owned/managed by Nancy Gray
McNeeley on South Main Street. Planning Board requests the Selectmen as the
licensing authority to require the lot owners to repair/remove the inappropriate
signage at their lot.
Selectman Amoruso noted it is a zoning issue that should be going through the
Zoning Enforcement Officer. He also noted the signs at the McNeeley lot are
not as large or clearly visible as others in the area that were not mentioned. He
stated he would like to further explore the matter with the Planning Board to
see if there are suggestions as to what they would like to see in our licenses
prior to next year. Town Manager D'Agostino noted he was the one who told the
McNeeleys they needed to find a way to cordon off the area if they are not
going to be open during concert events. He said he would talk with the
McNeeleys.
Residents:
. Letter from Ronald and Susan Gailey of 38 York Road requesting "scooper signs"
at four locations within Forest Park.
The Town Manager noted we have a by-law covering this matter.
Motion: To provide the "scooper signs" requested
(Donovan-Wills) All in favor Passes
Selectman Amoruso suggested we first invite the residents in to advise them of
the number and placement of the signs prior to putting them up. He expressed
reservation about putting them up and then having the neighbors upset by the
number and/or placement.
Board of Selectmen Minutes of September 20, 2000
4
· Letter from Jack and Nancy Cleary of 7 Patty's Road requesting the island in
front of their driveway be cut back and better maintained - Memorandum from
Shaun P. Burke, Director of Planning and Development, attached with
recommendations to address the problem
Town Manager D'Agostino recommended the development of a policy. DPW
Director Lee Azinheira reported meeting with other department heads on
the issue, resulting in the recommendation of cutting back the island by
removing 80-100 feet. A final recommendation will be made after the job is
priced out and discussed further at the staff level. Mr. D'Agostino noted
the original intent of the island was to slow down traffic and noted that has
to be a consideration in the decision to remove it. Mr. Azinheira noted they
are prepared to reduce the size of the island if the Selectmen support it
and if it can be done within the budget
Motion: To authorize the DPW to take whatever action is deemed
necessary to remedy the problem
(Donovan-no second)
The Town Manager emphasized that there is a need to develop a policy to
address matters such as these. Selectman Amoruso noted he would want to
know how much it will cost before voting on it.
. Letter from United Way of Greater Attleboro/Taunton requesting permission
to display their goal thermometer on one of the Town Commons - either North,
South, or East Common - to be erected the week of September 25th and
remaining until the completion of the fund-raising campaign in early December.
The Town Manager noted it was placed on South Common last year and did not
conflict with anything.
Motion: To place the thermometer sign at the South Common
(Amoruso-Donovan) All in favor Passes
Jim Higgins of Angelina Lane spoke on a proposal to solve Mansfield Youth
Basketball's space needs. He noted they have 840 people signed up for the
program, of which 300 are on a waiting list. He spoke of the difficulty in making
decisions as to who will benefit most from participation and presented a petition
signed by 300 voters asking Town officials to work together to address the space
need. He proposed that the Selectmen send a letter to the School Committee
asking them to propose a new school building project, noting there are State funds
available for such projects.
Board of Selectmen Minutes of September 20, 2000
5
Anthony Odoardi of 100 Highland Avenue asked for an explanation of taxes owed by
businesses in the Industrial Park. Town Manager D'Agostino reviewed the situation
whereby some businesses had not been assessed personal property taxes and our
expectation of receiving an additional $294,000 in taxes which we will aggressively
pursue. Mr. Odoardi suggested the Board allot the $294,000 to various sports
facilities in Mansfield. Town Manager D'Agostino noted the funds we have spent
recently on providing playing fields. Mr. Odoardi spoke highly of the teams using
the fields, but noted there are other athletic needs that need to be met. The
process of Town Meeting approval was reviewed, with Mr. D'Agostino noting we are
spending $300,000 on basketball courts at Memorial Park that will be ready in the
spring. He noted the need, but also pointed out we can't bankrupt the Town in
providing a solution to all the athletic needs at once. He stated we are committed
to building fields whenever and wherever we're able to. The construction of indoor
facilities is yet to be determined and has not been supported by the Finance
Committee.
Jim Higgins responded, taking exception to the fields getting mixed into this
facility. He asked again that the Selectmen support the proposal and send a letter
to the School Committee requesting them to move forward with School Building
Assistance Bureau (SBAB) assistance. He noted the School Committee needs to be
made aware of the support of the community and other elected officials.
Motion: To send the letter of support to the School Committee, with Mr. Higgins
to work on suggested language.
(Donovan-McCarter)
Selectman Amoruso noted he would not have appreciated a letter from the
Selectmen when he was a member of the School Committee suggesting what they
should be doing. He said he would be surprised if the SBAB would support a
proposal for reimbursement for a freestanding gymnasium.
Clerk Wills said he doesn't know where we would put it or where we would get the
money, noting we just had an override. Chairman McCarter stated he sees this as a
simple request to send a letter to the School Committee to start the process of
looking into the feasibility.
Town Manager D'Agostino noted it's worth our while to see where we stand with the
reimbursement process and work with them to start the process in taking whatever
steps are necessary to do so. Selectman Robinson noted the recent reduction in
the reimbursement formula. Mr. D'Agostino said the formula in Mansfield would be
reduced to 611'0 beginning in 2001. Selectman Amoruso noted it has to be shown as
a school need-not just a community need. He said he would be willing to
participate in a joint meeting to discuss it further.
Board of Selectmen Minutes of September 20, 2000
6
Vote: 2-3 with Donovan and McCarter in favor; Amoruso, Robinson and Wills
opposed Fails
Clerk Wills noted we need all the projects and should do a study on which ones we
can afford. Selectmen asked that a letter be sent to the School Committee asking
for a joint meeting to discuss the need for athletic space. The Town Manager will
talk to School Superintendent Moretti and ask that the Selectmen be put on the
School Committee's agenda to discuss the issue.
Mr. Odoardi, 100 Highland Avenue - talked about a 450 foot trench dug by the
Town on his street. He said he would like to have a hydrant moved while the work is
being done so he can put a driveway in. He also noted the residents were not
notified they would be digging up the street. DPW Director Azinheira said the
work is being done due to water pressure problems. Improvements are being made,
after which the water pressure will be retested. He apologized for the short
notice to residents and noted he has addressed the situation with the Water
Operations Manager. Mr. Azinheira said he would have Mr. Gaffney meet with Mr.
Odoardi on site. The project is being done for public safety purposes.
Mr. Odoardi also asked about the $47,000 appropriated at Town Meeting for
Christmas lighting. Selectman Robinson noted it was to correct a code violation and
replace some of the decorations. The funding was taken from retained earnings of
the Light Department and was not funded through the tax rate. Mr. Odoardi
questioned when the trash contract comes up for renewal. DPW Director said we
have one more year, with an option for another two years. Mr. Odoardi suggested
the Board follow through on Selectman Robinson's suggestion to look into the
recycling program at MIT. Mr. D'Agostino said we would be aggressively pursuing
any opportunities available at MIT and/or Harvard.
Bill Flannery of 25 Cobb Street was present to discuss the Alzheimer's Walk being
sponsored by the Village at Willow Crossing. He introduced Beth McCrae and
Sandy DePietro of the Village and Alzheimers Association. Registration begins at
8:00 a.m. Sunday, with the walk starting at 9:00 a.m. They invited Mansfield
residents to join them in the walk and reviewed the route. The money from the
Memory Walk is being raised for the Alzheimers Association to be spent on
research and assistance to families in need. People can call (508) 261-5833 and ask
to speak to Sandy DePietro to pledge.
Board of Selectmen Minutes of September 20, 2000
7
Jim Small of Camp, Dresser & McKee (CDM) reviewed the discharge permit. He
outlined the process to this point, beginning January 10, 2000 to date. He spoke of
the issues already resolved in reaching a draft permit on August 25, 2000, and
outlined the issues that still need to be evaluated. Comments are due by the end of
the week and they are prepared to assist the Town in getting those comments to
the DEP and EPA by Friday of this week.
Selectman Donovan asked if we have any problems with mercury in the water. Ken
Hackett, Wastewater Operations Manager, said we do not. Mr. Small noted the
regulations will get more stringent as time goes by. The current permit will be for
three years. Subsequent permits will be for five years. Currently the State is
attempting to get all towns within a watershed on the same schedule so the needs
and concerns can be addressed collectively.
DPW Director Azinheira reviewed the costs associated with the permitting. He
spoke of the requirements imposed on the Town to obtain the permit, and noted our
objections in some instances. The levels of phosphates and nutrients was
questioned with relationship to the Airport. The toxicity limitations for various
discharge locations was reviewed briefly, with Mr. Hackett noting the Town is
working on the reduction of heavy metals, phosphates and nutrients. Clerk Wills
asked about the cost for the additional testing. Mr. Small noted the permit has not
yet been issued and, following comments, the question will be better addressed.
The Town has relatively stringent discharge limitations presently and the plant has
performed very well.
Selectman Donovan asked about the Mansfield Bleachery, noting he was told the
septic system has failed. He asked if they have contacted us about getting on
sewer. Mr. Azinheira noted it would be the responsibility of the Foxboro Board of
Health and sewer would have to come out of Foxboro's allocation. Selectman
Donovan stated his concern about possible pollution to Mansfield property due to
its close proximity.
Selectman Robinson asked Mr. Azinheira about a pine tree at Essex and Mill
Streets that he believes to be a danger, noting if it falls it will take down all the
power lines. Mr. Azinheira said it was a situation we'd check when we have the tree
contractor come in. It will be coordinated through the Light Department and DPW.
DPW Director Azinheira asked for agenda time for Mike Ahearn to update the
Board on all the projects currently being done. He will be put on the agenda of
October 4th.
Board of Selectmen Minutes of September 20, 2000
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Paul Folkman noted meeting with the Town Manager in an attempt to avoid
snowplowing problems that occurred last year. He spoke of the Massachusetts
General Law that would allow the Town to plow unaccepted subdivision streets. He
asked if the Selectmen would sponsor and support such an article at the Special
Town Meeting. Mr. D'Agostino reported such an article has been submitted. He
noted the intent is to remedy a public safety issue, in addition to the fact that the
residents of the streets are paying taxes and have a right to the service. We need
now to use the vehicle the State Statute allows us to use to legally continue plowing
unaccepted subdivision streets.
Discussion followed as to why streets remain unfinished and are not accepted as
public ways. Selectman Donovan asked what the time limit is for completing roads.
The process of establishing punchlists of work needing to be done was reviewed.
Selectman Donovan questioned why the developer should not have to pay for the
plowing if they still own the roads. Mr. Azinheira explained the "hold harmless"
agreements the developers are required to sign that will cover any damage to our
equipment occurring during the plowing of their streets. We do not plow unless the
manhole covers are set at the proper height to avoid damage. Selectman Donovan
was concerned about the lack of incentive for the developer to complete the roads
if the Town is plowing them. Mr. Folkman reviewed the phasing process set by the
Planning Board for his subdivision due to its size. The Planning Board has asked
that the entire subdivision be completed before any of the roads are accepted. Mr.
Folkman explained that they no longer own the roads. Ownership to the center of
the road is the homeowners' until such time as the roads are accepted by the Town.
The bond posted is for the satisfactory completion of the roads - not for plowing.
The bond money is not released until the work has been completed satisfactorily
and the road is accepted.
Clerk Wills said he looked at the roads and they appear to be completed perfectly.
He noted his understanding of the policy not to accept them when construction
equipment will still be moving over them to do additional work within the subdivision.
Mr. Azinheira explained the punchlist review process. He recommended the Town
continue their policy of plowing and accept the provisions of Massachusetts General
Laws that will allow us to plow streets that are intended to become public ways.
These are subdivision roads subject to the specifications set forth by the Planning
Board.
Selectman Robinson spoke of the merits of the punchlist system of review, while
noting the expectation of taxpaying homeowners that their streets will be plowed.
Board of Selectmen Minutes of September 20, 2000
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Chairman McCarter advised Mr. Folkman the issue will be on the Special Town
Meeting Warrant.
The Town Manager:
· reviewed the purchase of the Rezza property, for which we will pay $950,000
as voted October 26, 1998. The Town will pay $50,000 at closing, with the
$900,000 to be paid over twenty years. The property is appraised for
$1,602,500. Mr. Rezza would like the Town to vote that difference as a gift,
enabling him to take a tax write-off for the $652,500.
Motion: Move to accept the gift and sign the gift letter
(Robinson-Donovan) All in favor Passes
. reported on looking into using the former Mansfield Green for alternate
recreation uses. DPW Director Azinheira has suggesting funding a feasibility
study for the possible reuse of the site and noted 50/50 grant money available
for construction design and planning. He will continue to explore alternative
uses. A landfill must no longer remain dormant for a long period of time prior to
reuse. We would have to bring in fill to level the field for soccer, but we could
possibly use it for a public driving range. Selectman Donovan spoke of other
landfills that have been turned into beautiful parks. Town Manager D'Agostino
suggested developing a Master Plan for the area to assist in obtaining grant
funding. He noted grant money received by the Police Department for their
target range. Selectman Robinson asked if there are any other ranges in the
area for the police to practice on. He spoke of the use of regional ranges by
the military. Selectman Donovan questioned why they don't have a range indoors
encased in cement. Selectman Robinson noted the need for long-range firing
and night-firing that can't be done on an indoor range. Selectman Amoruso
stated we used to have an indoor range that fell into disuse. He agreed that
local regional ranges would be worthwhile to investigate.
Selectman Donovan reported getting calls the day after the last meeting about the
Train Station. He noted it rained the next day and all the people were standing out
in the rain along the tracks with umbrellas. He suggested extending the canopy
further down the platform to accommodate the passengers. Selectman Amoruso
noted the canopy does not stop wind-driven rain and was redesigned to address this
as much as possible. He stated it was considered, but we could still ask the
Board of Selectmen Minutes of September 20, 2000
10
architect for further information as to why it was designed this way. Town
Manager D'Agostino spoke of the input from all sectors that was involved.
Clerk Wills asked about the cleanup of a property at 24 Alden Street. The Town
Manager reported it is being cleaned up. He also asked about the delayed light at
Franklin Street and Route 106 and asked for reports from department heads
regarding zoning, parking, Board of Health issues, and the like at the Tweeter
Center. He also asked for a review of all licenses and fees. He asked that a letter
be sent to the owner of the property next to the Central Fire Station asking them
to clean up the property.
Selectman Amoruso spoke of the vacancies on boards and committees and asked
that appointments be made. Interviews have been scheduled next week for the
vacancy on the Cable Access Board of Directors and the Associate Member to the
Zoning Board of Appeals. He also asked that attendance records be requested for
each board and committee. It will be an agenda item at the October 5th Chairmen's
meeting.
Chairman McCarter asked about the status of the new fire truck. Town Manager
D'Agostino said a committee has been formed and he will check with the Chief. He
also asked about the Mansfield, England sign. We are waiting for the bill from the
volunteer group that is coordinating it. He asked about the status of the parking
signs. Eileen has set up a meeting and he will make a recommendation following
that.
Selectman Donovan reported viewing the new basketball courts and noted they are
very nice.
Clerk Wills reported they had the best marinated steak tips at the block party on
Harvestwood Lane and he enjoyed himself while talking to the residents about the
town.
Selectman Robinson attended the Bristol County Advisory Board meeting last night
and will bring everyone up to date later.
Chairman McCarter asked about free cash and revenues. Town Manager D'Agostino
said the numbers of being prepared for certification and we anticipate about
$700,000 in free cash. Chairman McCarter also questioned why the lights in the
High School parking lot were not operating when the polls were open. Town
Manager D'Agostino said they are the domain of the schools and he will contact
Board of Selectmen Minutes of September 20, 2000
11
them to make sure they are operational. Chairman McCarter also reported
receiving a request to turn the lights on earlier at the Midget Football field at the
Jordan-Jackson School. The other lights there are street lights and are on all
night, operating on a photo-cell. He suggested it's a waste of money to have the
field illuminated all night. The Town Manager will discuss it with the School
Department.
Motion: To adjourn at 10:28 p.m.
(Robinson-Donovan) All in favor Passes
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Signature 0 Clerk
Board of Selectmen Minutes of September 20, 2000
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