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HomeMy WebLinkAboutmin brd of selectmen 09/13/00 Present: r-Cr:'IVEO \rç: \1x~ .[_1 c. Of F -) ~ "¡;, ~"'..~" \ " é - -... ~ \'\~ '2.: tj? \>\) ~t.~ £. , '. ~~C;\r\(\..Q -rc. l'-d,' '< . Ll \.\ St. \ \ .J ",~SS~CD 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 4 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 eJliI!IIImmmmil!lll'.mmm",', ' .-'- __ ____ .- -mm,'", .- '",m",,!,,~5,~,U' " , 1IäUolf'¡w' , Motion: To adjourn at 10:40 p.m. (Amoruso-Robinson) All in favor Passes ~~ , Board of Selectmen Minutes of September 13, 2000 12