HomeMy WebLinkAboutmin brd of selectmen 09/13/00
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Chairman David M. McCarter; Clerk Bradford E. Wills; Selectmen
Amos M. Robinson, Louis P. Amoruso and Daniel Donovan.
John O. D'Agostino, Town Manager
Board of Selectmen
Minutes of
September 13, 2000
The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance
to the Flag.
1. Warrant No. 12- Not ready
1. Minutes of September 6, 2000 Selectmen's Meeting
Motion: To approve
(Amoruso-Wills) 4-0-1 with Selectman Robinson abstaining Passes
2. Vote to open Special Town Meeting Warrant
Motion: To open the Warrant for the Special Town Meeting of October 16,
2000
(Amoruso-Donovan) All in favor Passes
Town Manager D'Agostino asked the Board to consider plowing unaccepted
subdivision roads. Selectman Robinson noted it has been done in the past to
ensure that emergency vehicles have proper access. Paul Folkman will be
coming before the Board next week addressing the issue and asking that we
accept the State statute allowing us to plow such roads. Selectman Donovan
was concerned with developers delaying the finishing of roads in order to
keep the funds longer and earn interest. DPW Director Lee Azinheira
explained the process of the completion of subdivision roads and street
acceptance, noting that Mr. Folkman's subdivision is very large and the
decision was made not to accept any of the streets until they are all
completed. The question was asked if we could charge the developer for
plowing if it is his responsibility to plow it.
2. Rezza Bond Issue -
VOTE: To approve the sale of the following 4.50 percent bond of the
Town to Joseph P. Rezza at par and accrued interest:
Board of Selectmen Minutes of September 13, 2000
1
$900,000
Water Land Acquisition Bond dated September 15, 2000
and payable as to principal in twenty installments of $45,000
each on September 15 in each year commencing
September 15, 2001 and ending September 15, 2020.
Motion: (Amoruso-Wills) All in favor Passes
3. Release deed to be signed for the 33 Coral Street Property
Motion: To sign the release deed
(Donovan-Amoruso) All in favor Passes
Town Manager and Staff:
· Memorandum from DPW Director Lee Azinheira re: Sewer Betterment
Abatement /Tremont Street Sewer
Motion: To grant the abatement
(Donovan-Amoruso) All in favor Passes
· Memorandum from Water Operations Manager Kurt Gaffney - update on water
projects Woodard & Curran are working on
· Memorandum from Police Chief Arthur O'Neill regarding Tweeter Center curfew
violation of four (4) minutes at the September 11th Phish concert
Boards and Committees:
· Memorandum from Planning Board Chairman Tom French with Planning Board's
recommendation that the Selectmen go forward with a Town Meeting article to
grant Easements A, B, C, and D to the MBTA in connection with the Mansfield
Commuter Rail Station Improvement Project
· Memorandum from the Zoning Board of Appeals asking Selectmen to
appointment alternate counsel to monitor Mr. Clemmey's appeal of the Tweeter
Center zoning decision because their decision was based on Town Counsel
Mangiaratti's legal opinion
Chairman McCarter noted Town Counsel could not take an active role and would
not take a role against the Board of Appeals.
Motion: To give them independent counsel to monitor the case
(Donovan-Amoruso)
Board of Selectmen Minutes of September 13, 2000
2
Attorney Mangiaratti, at the request of the Board, reviewed the situation. He
noted they are now asking for assignment of counsel, and he does not feel there
is any conflict. He will, however, respect whatever the Board's decision is on
this case. With two interested parties, the principals carry the burden of the
litigation. He generally monitors the case and notes the Board's appearance. It
is highly unlikely that he would be called to testify in the case because he had
nothing to do with any of the actions in the case. It's a matter of discretion
with the Board and a financial consideration. There may be no point in spending
Town money in this instance. He stated his belief that this was in reaction to
his copying the ZBA when he filed the notice of appearance.
Vote: 1-4 Fails (Donovan in favor)
The Board requested a letter be sent to Richard Devine, Zoning Board Chairman,
asking him if they believe there is some active role that should be taken that we
are not aware. To further advise him the Selectmen denied the request, but
would be more than happy to have them come in if they have some reasons not
set forth in their request and we will reconsider it.
· Letter from Claudia and Rick Rys requesting that Cherry Street be closed for a
block party on Saturday, October 14th from 2-9 PM. Police and Fire
Departments have approved the request with the condition that proper signage
and emergency access are provided
Motion: To approve subject to the conditions of the Police and Fire
Departments
(Amoruso-Wills) All in favor Passes
· Letter from Elaine Peri with donation of $895 to purchase a bench at the
Library in memory of her husband
Motion: To accept the gift with thanks
(Amoruso-Wills) All in favor Passes
· Letter from Attorney David Gay on behalf of Karl Clemmey requesting the
Board to reconsider their vote on the open air parking violation of June 17th
No action taken
Bruce Freal, President, and Bruce Fallows, Treasurer, of Mansfield Youth Soccer,
presented a check to the Town of Mansfield in the amount of $94,000 representing
their half of the expansion project for the Plymouth Street field.
Board of Selectmen Minutes of September 13, 2000
3
Mr. Freal noted their Board last night voted $25,000 to put sprinklers in the new
field, with the assistance again coming from North Easton Savings Bank.
Bruce Fallows, Chairman of the Ad-Hoc Committee to review the cable license,
advised the Selectmen that Gordon Champion of the State Cable Advisory Board
will be here at their next meeting on September 18th to go over the rules and
regulations in negotiating the license and will be making a 1 t hour presentation.
Selectman Amoruso reminded the public that there is a primary election coming up
on Tuesday and it's important to get out and vote.
Marijoan Bull, Senior Planning Coordinator of SRPEDD, and Dianne Royle of the
Vision 2020 Task Force, and the Planning Board were present for the presentation.
Ms. Bull shared with the Board what Vision 2020 has been doing and requested
feedback from the Town on the direction in which they're going. She said she
would then invite them to join other cities and towns in signing what they're calling
"The New Mayflower Compact."
She talked about
· the character of Southeastern Massachusetts
· the types of development
· its rich history
Changes and characteristics of the growth:
· the rate of growth triple the growth of other regions of Massachusetts;
increased water use, extra vehicle trips, new students enrolled
· has not been evenly distributed throughout the region, with most of the
growth happening in smaller rural communities
· type of development is that which consumes large quantities of land - four
times the rate of growth compared to the historical use of the land
· more land has been developed in the last 40 years than the previous 340
· improvements to the transportation network
Choices
Vision 2020 Task Force was formed by three agencies;
Board of Selectmen Minutes of September 13, 2000
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The "New" Mayflower Compact" is a regional agreement to manage growth. The
Compact is a simple document stating what we would like southeastern
Massachusetts to look like; the second part is how we will accomplish this. They
would like each town to maintain their unique character. In doing so, open space and
large areas of land would be preserved with cluster development. They are also
calling for a better job of making infrastructure improvements in a planned and
efficient manner.
Recommended action to accomplish this:
· create targeted investment areas
· expand planning tools, technical assistance and financial support
· Reform tax laws that promote sprawl
· Address impacts of major development projects
· Execute regional agreements
· Regional water supply planning and land protection
Next steps:
· Governing body of each community votes on endorsing the New Mayflower
Compact (September 2000)
Mrs. Royle asked the Board to consider the project and stated her belief in its
benefits.
Scott Frank of the Planning Board asked about open space preservation and the
funding of it with regards to Transfer Tax and Registry fees. Ms. Bull said it has
just been approved and supports the Community Preservation Act. She noted that
as a region we would have a much more powerful voice. Mrs. Royle noted the
Governor has agreed to sign the Community Preservation Act and spoke of what it
will mean to towns. She asked that the Selectmen present an article at Town
Meeting to adopt its provisions, after which the question would go on a ballot. Ms.
Bull further explained how the process would work. Each community that accepts
the provisions of the law would benefit from the tax. Mansfield will not be eligible
for the State money unless we accept the provisions. There would be additional
fees imposed on the recording of real estate transfers with the passage of the
Community Preservation Act and, if the Town also imposes a local fee, they will be
eligible to receive the State funds.
Selectman Amoruso suggested the Board discuss the New Mayflower Compact and
get our thoughts incorporated The Mayflower Compact wI'll be sent out to
department heads for comment as to how these provisions would affect us.
Board of Selectmen Minutes of September 13, 2000
5
Frank Gay of the Greater Attleboro Taunton Regional Transit Authority (GATRA);
and Michael Carragher and Michael Baskin of VHB presented the update
Town Manager D'Agostino noted we are now approaching the 60'ro design phase and
are in need of specific articles at Town Meeting in order to proceed. The staff has
reviewed the site plan, as has the Planning Board. Planning Board Chairman French
has offered recommendations for specific purposes for Town Meeting vote. He
noted this is a project that has been discussed for the last fifteen years and is now
moving forward.
Mr. Gay said they are here to talk about Phase l-the station building and the
platform area. We are not yet at the point where we will be discussing parking.
Michael Carragher reviewed the preferred alternative previously endorsed by the
Board. He showed a plan of the area and reviewed the meetings that have been
held with various boards to get to the 60'ro design stage. The platforms will be 16-
18 feet wide and will be below the current platforms. Off the platform is the
station building, comprised of 1800 sq.ft. It is necessary to eliminate parking on one
side of Mansfield Avenue in order to lengthen the platform on the inbound side to
700 feet and get the 15-18 foot width. Parking will be on one side of Mansfield
Avenue on the side of the platform. To get from one side of the platform to
another, there are two opportunities to cross below the tracks - stairs and a
walkway. Sloped walkways will be incorporated for handicapped access. The infield
area within the walkways will be landscaped to provide an attractive area on Route
106. Also under discussion is the painting of the overpass. The canopied area of
the platform will be expanded to accommodate by three times the anticipated
number of commuters at peak hours.
Michael Baskin presented a rendering of the proposed building from Crocker
Street, looking back at a slight angle. He also showed an interior plan of the
station building with a large central waiting area, vending areas, public restrooms
and storage. There will be roll-up enclosures for the vending area, providing the
opportunity to use the large central area for other purposes during non-peak hours.
A cross-section of the building showing the clerestory was displayed. The station
will be precast stone at the base, a brick body, and a turncoat stainless steel roof.
Exterior lighting fixtures were shown, with the floor of the interior building of
durable material with columns used to zone-off the space. A small shelf detail will
go around the interior, allowing people to rest a cup of coffee or an umbrella.
Board of Selectmen Minutes of September 13, 2000
6
The primary access way from the corner of Route 106 and North Main Street into
the station establishes the building as a gateway to the community. It also allows
the current station building to remain operational during the construction of the
new station.
Clerk Wills asked if the 1800 sq. ft. includes the entire interior and asked for a
relative comparison in size to the Selectmen's meeting room. It is designed for 188
people. Mr. Baskin noted there is an additional 3,000 sq. ft. of roof overhang. The
clock will be on the Town Common side of the cupola/clerestory. The chimney
structures are aesthetic only, replicating the old station. There will be a low fence
along the platform, on which people can sit, and it will provide a barrier from the
street. The fencing will have openings every couple of car lengths to allow access
to the platform from the parking along the street. He also asked how long it will
take to build the building - about a year and will be developed within the context of
other work. The intention is to go out to bid later this year, with the contractor
getting materials the first part of the year and ready to start when the good
weather arrives.
Selectman Donovan questioned why there are no windows on the end of the building.
Mr. Baskin explained that it is the storage end of the building and would also
present a potential security problem. He also pointed out there will be
architectural detail added to the end of the building that will create visual interest.
Mr. Donovan noted there are about 500 people waiting for the 6:40 a.m. train and
questioned why there was not an additional canopy put further down the track. Mr.
Carragher noted they will be able to accommodate 1,000 people under the canopy
and the new canopy will be double what is presently there.
Chairman McCarter asked when the easements will be done. Mr. D'Agostino said
that will be later. Thirty-nine resident parking spaces will be lost during the
construction. Chairman McCarter suggested diagonal parking on Old Colony Way as
a temporary solution. Mr. D' Agostino noted twenty-three spaces could be created
in the small lot next to the Cuneo building, with business tenants utilizing the
parking in front of the building. Mr. Gay showed the plan of the area in which the
easements need to be granted. GA TRA has put in for an 80'ro Federally funded
grant, with 20'ro from the State. The Town's share would be for the easements.
State funds will be committed by the end of November. If Town Meeting approves
the transfers, we can then advertise. The building will be owned by the MBTA and
run by GATRA. The MBTA is not contributing funding to the project. GATRA is
building the structure on MBT A land, with a 99-year lease to be worked out by
GA TRA with the MBT A. The Town would have use of the station during off-peak
hours with the permission of GA TRA. It was suggested that cable drops be put in
during construction to allow events and meetings to be televised.
Board of Selectmen Minutes of September 13, 2000
7
Selectman Amoruso asked about the angle of the road, questioning whether tractor
trailer trucks will be able to make the inside curve with two-way traffic meeting at
that curve. Mr. Carragher said they have looked at that and it meets all criteria.
They suggested it would work better if Crocker Street is made one-way, but that
would have to be a decision made by the Town. Mr. Carragher noted that striping
and signing will be critical in that area and they would appreciate the town turning
Crocker Street into a one-way street. Mr. Amoruso asked how cars would be
prevented from slamming into the platform. Mr. Carragher showed the safety-
shaped barrier that would form a protective edge at the end of the platform. Mr.
D'Agostino noted the Board will have a copy of the site plan recommendations, and
he concurs with the recommendation that Crocker Street be made one way.
Mr. D'Agostino asked that granite stone be considered for the base of the building.
He said he would also like granite counter space be provided inside the building.
GATRA would have an agreement with the Station Agent. The Town would like to
turn maintenance responsibility for the MBT A lots back to GA TRA or the MBT A,
with the Town continuing to maintain the resident parking areas owned by the Town.
Selectman Amoruso asked about snow removal on the platforms and if any special
care will be necessary. Mr. Carragher addressed the issue.
Leonard Flynn of 102 Jewell Street noted the materials used in the Station should
be top quality and durable to reduce maintenance and add to the beauty of it. He
noted this is the time we have leverage with Amtrak and the MBT A and asked for
an alternate point of entry. He noted that all those who have worked on the
project over the years have pointed to that as being essential. He believes it
should be pushed at the Federal level. Selectman Amoruso agreed.
Town Manager D'Agostino noted the area in question is contaminated and on the
Super Fund site. He also noted we will need a grade crossing from CSX. He stated
they will not grant an easement that is conceptual. Selectman Amoruso stated
there will not be any cleanup there until we have the process of access. Mr. Flynn
noted his belief that all we need is a commitment at this point. Mr. D'Agostino said
they will give us access for the cars using the contaminated site, but will not give us
an easement to allow several hundred cars to cross the track to use the train
station. Mr. Carragher noted that CSX is a private entity and there is no leverage
to be used by Federal officials. The only advantage to them would be if something
is developed on the contaminated site.
Board of Selectmen Minutes of September 13, 2000
8
Selectman Robinson noted he believes this would be the time for some type of
bridge to be constructed over the tracks. He expressed his concern that in 10-15
years Route 106 will not be able to handle the traffic and it will be necessary to
take houses on one side and disrupt neighborhoods. He noted he did not vote in
favor of Phase 1 because there is no additional access and he will not support it
until another access is created.
Selectman Amoruso suggested we attempt to leverage the situation since we are
just starting the project. Getting the grade crossing for the businesses was a step
forward. He also believes the land on the other side of the station will be greatly
increased in value as a result of the new station. He noted we have a liability with
the land contamination, but we also have an asset with the increased value of the
land in that area with the development of the Station.
Mr. D'Agostino noted that's one of the reasons we advocated for Super Fund
money-so we could widen the area and create some type of tunnel. He stated it's
difficult to get an immediate consensus, but we will continue working on it.
Chairman McCarter noted we have never had success in dealing with the MBT A and
we have been successful in working with GA TRA. He would like to continue in that
direction. Mr. Gay said they are taking the position that something will be done to
provide a benefit for the residents of town. Chairman McCarter suggested the
MBT A should exert pressure to obtain another means of access.
Mr. D'Agostino suggested the next step is to put the articles on the Warrant
Motion: To prepare a warrant article for Special Town Meeting regarding the
easements needed, as outlined in the Planning Board recommendation
(Wills-Donovan) All in favor Passes
Mr. Gay asked if we will have to hold a public hearing to abandon a portion of
Mansfield Avenue. Mr. D'Agostino said he would check into it and, if we do, it will
have to be done before Town Meeting.
Town Manager D'Agostino reported the following:
. The rededication of the Foster Block building Saturday, September 16th
from 9-12. The Board is invited to participate.
. A $125,000 grant has been received from the Department of Justice for
the hiring of an additional police officer to be placed in the public schools.
Board of Selectmen Minutes of September 13, 2000
9
At the conclusion of the three years, the Town would be financially obligated
to assume the salary of the individual. A funding commitment must be made
for us to receive the grant. Selectman Robinson stated it is his belief that
we wI'll incorporate the person through attrition at the conclusion of the
three years. The Town Manager noted that a policy study is just beginning
to determine police staffing levels.
Motion: To accept the grant, with the coordination arranged between the
High School and Police Dept.
(Robinson- Wills) All in favor Passes
· Recycling of some materials has bottomed out. H will explore additional
options to find other vendors to handle recycling. Selectmen Robinson
suggested contacting MIT (located in the old technology garage), as he
believes they are able to sell some of these materials. Mr. D'Agostino said
he would explore all options. It is currently costing us $3 to recycle a
refrigerator and there may be other options for disposal/recycling.
· We are in the process of scanning the entire cable license agreement for
the purpose of putting it on the website. There will also be a copy at the
reference desk of the library. The website will allow also allow opportunity
for public comment.
· He has e-mailed Frank Foss to apprise him of our desire for the option of
the 5th channel. A formal letter will be going out to him.
· Employees of DPW are going to donate their time to clear out an area
between West Street and the Police Station where water is currently
pooling. A fountain will be put in the area to make it more aesthetically
pleasing. In the future it would be good to build a garden area with a gazebo
suitable for taking wedding and/or prom pictures. Chairman McCarter noted
the level of Kingman Pond keeps dropping. Mr. D'Agostino said we are trying
to drop the level so the bottom can be restored. He commended the DPW
staff for their willingness to beautify an area of town that all residents can
enjoy.
Selectmen's Old Business
Selectman Donovan asked about the memo from the Assessors regarding personal
property. Mr. D'Agostino explained there are businesses that were assessed for
personal property and others that were not, some for thirty year. The Town would
yield an additional $294,000 in new revenue in aggressively pursuing this source.
Board of Selectmen Minutes of September 13, 2000
10
Following comment that the additional revenue could fund a playing field, discussion
ensued regarding synthetic surface playing fields, their advantages, and cost.
Mr. D'Agostino said a lateral pipe has been run to the lower field to connect the
underground sprinkler system. Lighting is up, and the goal posts will go up sometime
this summer. The current field will be taken off line after the season and they will
be regraded, a sprinkler system put it, and reseeded. Chairman McCarter asked if
it would be possible to do the new athletic field without a debt exclusion. Mr.
D'Agostino noted the term and interest rate would be critical in our ability to
handling it within the budget. He suggested also taking a look at the Route 106
Municipal Center and attempting to carry that within the budget. Mr. Amoruso said
the FinCom has stated they don't want to support anything else from debt exclusion
unless it's replacing something that's coming off. Mr. D'Agostino suggested their
thinking may need to be rethought in order to balance their opinion with the needs
of the community. He stated we currently have very little operating debt. He is
suggesting expanding that and staying within the limits of Proposition 2t. Chairman
McCarter stated there is a demonstrated need for the field, but he's not sure a
synthetic surface is the answer. It was noted that the new synthetic surface is
not the same as the former artificial material.
Selectmen's New Business
Selectman Robinson asked about the status of the Mill Street sewer project.
They're working in ledge right now, according to Mr. D'Agostino, and they expect to
complete the project in October. There was one issue with a special needs student,
and arrangements have been made for kindergarten and special needs children to
be picked up at their regular stops.
Selectman Amoruso said he will be reconvening the Capital Improvements
Committee and would like to get information to CIP for recommendations as soon as
possible.
Chairman McCarter thanked the Police Chief and the other towns who participated
in security for the Phish concerts, noting there did not appear to be the problems
of previous years. Town Manager D'Agostino cited all the surrounding towns
participating and commended the Chief.
Clerk Wills:
Motion: To add Jack Beliveau as a non-voting member of the Ad Hoc Cable
Committee
(Wills-Donovan) All in favor Passes
Board of Selectmen Minutes of September 13, 2000
11
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Motion: To adjourn at 10:40 p.m.
(Amoruso-Robinson) All in favor Passes
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Board of Selectmen Minutes of September 13, 2000
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