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HomeMy WebLinkAboutmin brd of selectmen 09/06/00 Present: TPIU I R,EÇEIVED ¡ -" Ii h Ct ~ r~\~$ OFF ICE 00 SEP , 4 AM 10: 20 September 6, 2000 M ,1, . (':.' ,.. M "''/h;,'It.LD Chairman David M. McCarter; Clerk Bradford E. Wills; Selec~~~Á~CHUSETTS Louis P. Amoruso and Daniel Donovan. John O. D'Agostino. Town Manager Board of Selectmen Minutes of The meeting was called to order at 7:30 p:m.. followed by the Pledge of Allegiance to the Flag. 1. Warrant No. 11 in the amount of $2,150.023.35 Motion: To approve and sign (Amoruso-Wills) 4-0 with Chairman McCarter abstaining from Municipal Building Committee payroll; Selectman Amoruso abstaining from Parks and Recreation payroll Passes 1. Executive Session Minutes of August 30. 2000 Selectmen's Meeting Motion: To approve. but not release (Amoruso-Donovan) 4-0 Passes 2. Open Session Minutes of August 30. 2000 Selectmen's Meeting Motion: To approve (Wills-Amoruso) 4-0 Passes 3. Previously Approved Executive Session Minutes of: · March 14.2000 - Police Chief's Salary · April 28. 1999 - Town Manager's Contract · February 10, 1999 - Various Cases in Litigation · March 26. 1997 - Police Dept. Sick Time Buy-back · January 7. 1998 - Various Cases in Litigation Motion: To release with the exception of those with pending litigation. January 7. 1998 and February 10.1999. until Attorney Mangiaratti determines if it is appropriate to release them (Donovan-Amoruso) 4-0 Passes Board of Selectmen Minutes of September 6, 2000 1 4. Warrant for September 19. 2000 Primary Election - to be signed To sign the warrant for the primary election (Amoruso-Donovan) 4-0 Passes Town Manager and Staff: Memo from Town Clerk Helen P. Christian advising the Board of Selectmen that the High School Auditorium is not available for the Special Town Meeting and the meeting will be held in the Qualters Middle School Auditorium Chairman McCarter called for questions and comments. None were forthcoming. Director of Planning and Development Shaun Burke was present to update the Board on the progress of the multi-purpose trail. He noted there was a hearing held by MassHighway in August to get further input. The old railroad right-of-way from East Street to Fruit Street is level. The northern portion goes from East Street. up along the right-of-way. and to the Train Station. Issues were raised regarding drainage and access. but the 25io public hearing was positive in nature with great public support. They will be moving onto the 75io design stage. There has been some flooding along the Back Bay Brook in the Cobb Street area and they will attempt to restore the drainage to its former condition. There are also signage and marking issues behind Jimmy's Pub to be addressed. MassHighway would like our comments by mid-October. with the 75io design going to them in November. Their review should be relatively expedient. It is anticipated that sometime after the first of the year it will go to the 100io design stage. with it being ready to go to bid by this time next year. It is expected that our end of it will be done. and we will be waiting for MassHighway's comments. We were in the queue for funding this fall; however. the amendment to the TIP pushed us back two years for funding. In order not to lose our funding. we requested to be moved back in the funding two years. Being one year ahead of schedule is better than not being ready and if some other community is not ready to move forward. we will then be in a position to replace them a year prior to being scheduled. Town Manager D'Agostino clarified that this portion of the bike trail will be in Mansfield only and does not include Norton. Mr. Burke reiterated that it runs from the Train Station to Fruit Street. It will follow behind businesses heading north Board of Selectmen Minutes of September 6, 2000 2 from East Street. turn left onto West Church Street, then proceed up Rumford Avenue. Chairman McCarter questioned whether parking spaces will be lost. From Fruit Street to East Street will be a ten-foot newly paved surface. striped down the middle. North of East Street there will be a striped lane defining the bike path on the paved surface. Once it joins the public way. a bikeway will be striped on the right hand side. with traffic going north on Rumford Avenue and south along Old Colony Way. Clerk Wills asked about the gravel path along the side of the paved portion. Mr. Burke explained that would accommodate multi-purposes. such as horses. There will be no provision made for motorized bikes or vehicles to use the trail. He also further explained plans to improve drainage in the area of the Back Bay Brook. where Branch Street residents are currently experiencing some flooding in their back yards during major storms. Chairman McCarter asked how long the bike path would have been had Norton not pulled out of the deal. It would have extended for 6 t miles to the treatment plant in Norton. Mr. Burke spoke of the phasing of the Blackstone Bike Path in Rhode Island, where other communities saw how successful it was and wanted to become a part of it. DEM is now doing one phase per year. and he hopes that something similar will happen in Mansfield. Chairman McCarter spoke about the bike trail in Stowe. Vermont that he saw over the weekend. He noted it crosses many busy roads. such as those that Norton was concerned with. and it appears to be working in Stowe without problems. Selectmen thanked Mr. Burke for the update and the work he has done on the project. Town Engineer John Sullivan updated the Board on the Route 106 project. He advised them he has been working with the bond company through Town Counsel. The bond company has agreed to additional punchlist items and to grind down the pavement 1-1 i inches from edge to edge. with a minimum of a 1-inch pavement top course. resulting in a paved surface with good riding conditions. Between Hope and Franklin Streets about 75io of the surface will be done. as the trenched area has held up well. In the area of the pump station. additional above-ground work needs to be done and it is expected it will be greater than anticipated. We are therefore trying to keep that portion of the work with the bond company. He noted a summary prepared for the Selectmen for their review in preparation for next week's meeting. and hopes to have an agreement ready for the Board next week. Board of Selectmen Minutes of September 6, 2000 3 The draft agreement will contain a schedule of completion. with punch list items to be done by the end of September. paving by the end of October. and the rest of the pump station completed by the end of the year. The de-watering wells are installed and are being piped-up this week and should be operating next week. We have received assurances from the pump company that they will be on-site during the installation. Selectman Donovan asked about Franklin Street to Stearns Avenue. Mr. Sullivan advised him this is the area they had to go back and compact and the area was almost curb-to-curb replacement. It will not be cut. Mr. D'Agostino asked if the bond company is satisfied with all the deficiencies. including compaction. He replied that they are. He noted everything is compacted now as much as it ever will be. They will be milling the top area and smoothing things out. The repaving will be a continuous surface from the edge of one trench to the edge of the other. The bonding company has an engineering consultant on board and they plan to do the work through him. Mr. D'Agostino asked for reaffirmation that we have unequivocally stated that under no circumstances will J / Couglar Company be allowed to do the work. Mr. Sullivan reassured him of that. Clerk Wills questioned the procedure to be used in the area of the manholes. Mr. Sullivan discussed it in detail. Chairman McCarter asked if Cougler will still be able to bid on other jobs. Mr. Sullivan said he will be. but this will be on his record if anyone checks. It was also noted he can also change the name of the company. and has done so in the past. Selectman Donovan asked how soon the paving would start. Mr. Sullivan said it would probably be the end of the month and he wants it done before the end of October. The Town Manager asked the Board to recognize the hard work and diligent effort of John Sullivan and his staff. noting it was because of John's documentation and the way he methodically went after each aspect that resulted in the bond company agreeing to all these conditions. The Board thanked Mr. Sullivan. who said he will feel better when it's all finished. Present were David Young of Camp Dresser & McKee (CDM); Lee Azinheira. DPW Director; and Jeff Siena. Howard Fiske. Lou Andrews and Phil Finer of the Airport Commission. Mr. Siena reported getting a call from the Town Manager asking if it would be possible to discharge some of the "purple-pipe" water. At that time they had some concerns and asked that the Town check with the Federal Aviation Authority (FAA) Board of Selectmen Minutes of September 6,2000 4 and their consultants. They didn't hear anything else and were surprised to find the plans had progressed and there was the possibility of ponding on the Airport property. Concerns raised in discussions with their consultants were the amount of wastewater to be discharged. He showed the first Airport plan update, showing the area of the dry portions which are the only areas that can be further developed. The FAA took a dim view of taking land available for potential aviation use. They were also concerned about increasing the wetlands and softening the areas currently used for aviation purposes. He also noted the potential of interfering with FAA funding if the property is used for this purpose. He further noted the action could risk the FAA rescinding grant approval. Town Manager D'Agostino stated we are not talking about impeding the use of the Airport, but only looking to see if it's feasible by exploring every option. There may be other issues that preclude our ability to do anything there, but we do know we have to expand our treatment plant to compete economically with neighboring communities. What was being discussed was a concept that was interpreted as fact by the Airport Commission. Mr. Siena stated that are responding to problems that could occur should these concepts be acted on. Mr. D'Agostino assured the Commission we would not put the Airport in the position of losing grant money and are simply exploring all options and alternatives which we are required to do. It is the same process they would do from an FAA perspective. Mr. Siena acknowledged that they know it is a concept, but they feel it is important to layout what could become a problem. He was just alerting the Town that the concept may not be acceptable due to FAA concerns. Mr. Young asked if they had put any of those concerns in writing. Mr. Siena said they are only in draft form at this point, but touched upon them briefly. David Young apologized for the Commission not receiving a report. He stated the report makes a recommendation to do further study on that site as part of a Town- wide comprehensive management plan looking at local application sites for reclaimed water. There presently is only a recommendation to do that study. They would look at a full range of flows so they would not impact either the paved or grass runways. Other issues raised were odor, above-ground structures, attraction of waterfowl, and groundwater mounding. DEP has said the comprehensive plan will have to be done to get further funding. If it turns out that this is not a good site, it will not be pursued. Right now it is the largest parcel of land closest to the treatment plant and cannot be overlooked. Mr. Siena asked that Mr. Young contact the Airport Commission's environmental consultant. Mr. Young suggested it would be helpful to receive a copy of their concerns. Mr. Andrews asked about the intentions of the TPC Golf Course and was advised DEP has stated they do not want Board of Selectmen Minutes of September 6, 2000 5 any discharge into wetlands. He asked about the size of the area they are looking at. Mr. Young said five to eight acres. Mr. D'Agostino noted the State is very interested in the recharging of basins. Mr. Siena said it could end up a win-win situation and they would like to be kept advised of what's happening. Mr. Young noted that the first hurdle is addressing if stormwater mounding would have an adverse affect on the runways. Howard Fiske asked if the estimated discharge would increase dramatically in the future. Mr. Young discussed the mounding and modeling studies being done and the range in the estimated discharge of the reclaimed water now and in the future. Mr. Azinheira asked that the Airport Commission contact him for any additional information needed. It was agreed that both sides will work together and the lines of communication will be kept open. Kurt Gaffney discussed the additional funds needed to finish the Morrison Well. The original appropriation was $900,000 plus. The Interbasin Transfer Act and the conditions imposed on us added an additional $271,750 for the permit and $160,000 for additions put onto the Town to get the permit, resulting in the need for $442,450 to finish the project. When the funds were appropriated at Town Meeting, there was no expectation of the additional conditions being placed on the Town. He said he would like an article put on the Special Town Meeting warrant to appropriate these funds. This will give us enough money to finalize the project and get the well online next year. Chairman McCarter asked how we're making out with the water withdrawal permit. Mr. Gaffney said we have conditions that we have to meet. We have the Interbasin Transfer Approval with conditions. The water withdrawal permit has not yet been issued, but no problems are anticipated. The meter downsizing is slowing us up in meeting the conditions imposed. Motion: To sponsor an article on the Special Town Meeting Warrant for $442,450 to complete the project (Donovan-Wills) The treatment plant will be sized to meet future treatment needs of the Town. The iron and manganese report will not be received until after Town Meeting. Selectman Amoruso asked how much this would add to the water rates. It was stated there would be minimal impact. He asked that other funding options be explored in anticipation of Finance Committee questions and concerns. Board of Selectmen Minutes of September 6,2000 6 Additional questions were asked about the Walsh Wellsite fields and the status of the repairs there. Screens clogging and piping were problems. The iron is plugging the well, so the pump ends of sucking air. Repairs will be done as soon as the water level drops. VOTE: 4-0 with funding options being explored Passes DPW Director Azinheira discussed a memorandum prepared for the Board on the Grove Street/Foxborough Greenview Estates Sewer Project. Foxborough has offered a "trade-off" whereby they will install the 1 t inch overlay, which Mansfield had intended to do, and Mansfield would install the permanent patch on West Street, which was Foxborough's responsibility. Motion: To authorize acceptance of Foxborough's offer as recommended by the DPW Director (Donovan-Amoruso) 4-0 Passes . Town Manager D'Agostino advised the Board that Frank Foss of AT&T (MediaOne) will not be able to be present at the joint workshop with the Cable Access Board of Directors. He asked the Board if they prefer to reschedule or go forward with the meeting and discuss strategy. Selectman Amoruso suggested sending one or two representatives of the Board to Cable Access' meeting to discuss the situation briefly in Executive Session. Chairman McCarter and Selectman Amoruso volunteered to attend. Chairman McCarter noted that he and Clerk Wills spoke informally with Mr. Foss when they met him and Mr. Foss said AT&T would be able to provide lapel microphones and balance the system for people having problems with reception. Town Manager D'Agostino discussed the need for character generation equipment to upgrade our working system in putting notices on the Cable Community Bulletin Board. Mr. Foss made reference to the possibility of their doing so. Clerk Wills asked about getting MS-NBC back for residents. Broadband service is supposed to be available in a couple of months. The selection of channels is not up to the Town and is the purview of the cable company. He reported hearing from a couple of residents about the need to be careful of what we request, because anything additional will cost subscribers additional fees. Selectmen Amoruso suggested we send a letter formally Board of Selectmen Minutes of September 6, 2000 7 requesting the return of the channel we lost "subject to negotiations" and to find out what channel they will use to replace it. We've been asked by Cable Access to obtain the additional access channel, but this may result in losing a channel that someone else is interested in. Mr. D'Agostino noted he has asked Mr. Foss to put in writing what they intend to offer as compensation to defray the costs of changing from "Cable 8" to Cable 9. Motion: To send a letter to Frank Foss formally requesting the return of the local access channel, subject to negotiations (Amoruso-Wills) 4-0 Passes Discussion followed as to whether the issue of the van was ever resolved and the problems related to the issue. The need to pursue the issue through negotiations was suggested. · A committee, comprised of John Cuneo, Eagle Scout candidate; Kevin McNatt, David Loving, Scott Wagner and himself, has been established to work on a time capsule. Presently they are working on what should be included in the time capsule and are looking for nominations from the public as to the 100 most interesting "characters" currently in town. The theme of the capsule will convey the life and times of residents in Mansfield today. In one hundred years the capsule will be opened and it should accurately portray our present lives. They are also interested in suggestions for information or materials to include that they might not think of them. They are asking school children in each grade to write a letter to students in their respective class of 2100 telling them about life today. The time capsule will be on display at Town Hall. It will be closed and sealed at the Holiday Parade, and a countdown clock will be attached to the time clock with specific instructions on when and how to open it. · VHB will be updating the Board at the next meeting on the Train Station project. Platform widening to increase safety will be discussed and GA TRA will ask the Town to take approximately 2,600 feet of land by eminent domain from Mr. Ditchman's Cleveland Twist Drill property. · Survey results are expected soon on the Clemmey Tank property. The Town may be using land outside the area originally contracted. Any parking spaces lost for Mansfield residents will be replaced in another area. Once the survey of the property is completed, the Town will have a better understanding on how we will proceed with Mr. Ditchman or the Clemmey family on a new agreement for the rental of that property. Selectmen questioned whether the road will stay the same width with the widening of the platform at the Train Station. The road will stay the same, but parking will Board of Selectmen Minutes of September 6,2000 8 be eliminated further up on the straight portion of the road. Currently there are the constraints of cars parked on both sides of the road. Selectman Amoruso was concerned about the ability of tractor-trailer trucks to negotiate the curve safely. All concerns will be addressed by GA TRA at next week's meeting. The intent is to get us to Phase 1 plans for the construction of the station itself, with the station and platform built to specification. Lost parking of approximately 28-30 spaces will be replicated so we don't lose spaces for Mansfield residents. All the spaces are on property owned by the Town and Mansfield residents and will therefore be reserved for Mansfield residents. · Downtown and Zone 1 and 2 Parking in downtown and residential areas that has been suspended from the enforcement of the 2-hour restriction - Chairman McCarter noted the Board was talking about the areas where the new signs just went up. Mr. D'Agostino said a meeting will be held with staff. Following that there will be a meeting with residents to determine what areas need the parking restrictions. Selectman Amoruso asked that consideration also be given to how close together the signs need to be, noting they are currently numerous and close together. Mr. D'Agostino pointed out that Mr. Paulson is not ticketing in the residential area on Saturdays. During the week he checks the automobile registrations to see if they are residents of the neighborhood. · Is waiting to hear from Mr. Cuddy to see if there is coverage for Town-owned vehicles taken home if they are used for personal use. · Update on field development issues - Mike Ahern is working on a number of projects. We are getting ready to construct underground irrigation at the lower field; tennis courts are completed; basketball courts are under construction. In the next week to ten days the lower field will be sodded. Regulation goal posts going in, with National Collegiate specifications utilized for the field. The fields at the lower end of Memorial Park will be the best fields in the Pop Warner League anywhere in Bristol County. The Plymouth Street fields are underway. A retention pond is being constructed for public skating in the winter. It will be as big as the former playground area and three feet deep. We are working with the Army Corps of Engineers to coordinate leveling and bringing the area up to field development. Parking areas are being constructed and the parking has been completed along the tennis court area. We have spent the funds wisely. North Attleboro has spent $2.5 million for engineering of fields; we're well under $1.4 million. Chairman McCarter noted the ZBA last night voted a variance for Hope Street parking so it would not have to be paved and striped. Mr. D'Agostino said there will be a culvert, path and footbridge from Memorial Park to the Hutchins Board of Selectmen Minutes of September 6, 2000 9 property. We are doing the project with a high level of sensitivity to the residents and have left additional trees up. If funds are appropriated in the fall, the fields should be ready in the spring. Selectmen Donovan had asked if the lights are on a timer. Mr. D'Agostino reported they are, and are now set to go off at 10 o'clock. If the use of tennis courts by non-residents becomes a problem, we should refer it to the Recreation Commission. Selectman Donovan asked if there will be any basketball courts at Plymouth Street. Mr. D'Agostino replied that there was some indication earlier of putting them in the back area; however, the problem is we don't have sufficient lighting at this time. Currently the area is too remote for proper security. · At the School Committee meeting a report was given of a scrimmage between the senior squad and Milford in a downpour, plus other use of the new field at Memorial Park, that resulted in considerable damage to the field. Mr. D'Agostino noted we have spent $3,000-$6,000 and 6 months of cultivation on the field and we lost 25io of the field this weekend. He stated it speaks loudly for the need for a multi-purpose field made of synthetic material, with game fields only used for games. For that reason he agrees with proposal of the School Committee for a new field, provided we don't need a debt exclusion or an override. Two-thirds would be available through the SBAB and we would lose that if we wait until next year. Catholic Memorial has a similar field and it is used constantly. Chairman McCarter asked if the track would be included in that proposal. Mr. D'Agostino replied that he believes it would, but doesn't know for sure. What is proposed will be done correctly and it will be used for multi- purposes by a number of groups. The material proposed has a rubber foundation, so it has more give than a grass playing surface. Selectman Amoruso noted that it's not uncommon for that type of damage to occur with field use during rain. Mr. D'Agostino pointed out that the proper engineering of the lower field allowed it to drain properly and avoid such damage. Selectman Donovan asked what's happening with the fencing along the train tracks, noting they have done a lot in Foxboro, but it seems to have stopped. Mr. D'Agostino said he has sent a letter to Congressman McGovern, but has not heard back. He noted their funding starts in October. Selectman Amoruso requested the Town Manager take a look at how the additional GATRA bus is working out and if it's available for other uses, such as for use of the handicapped or disabled to go out of town. He stated he would like feedback for future planning, noting this would be a good time to check on the same bus being Board of Selectmen Minutes of September 6, 2000 10 used for COA. Mr. D'Agostino suggested some time be set aside to talk to Frank Gay about future service. Selectmen's New Business Clerk Wills reported he was asked about the possibility of getting a delayed green arrow heading east on Route 106 to take a left onto Franklin Street or a longer delay to give them the green light first. The Town Manager said he will check with Engineering and Ptlm. Lance Lawson. Clerk Wills also noted he saw a letter notifying the Board that Tweeter Center is alleged to have had a curfew violation of four minutes on Saturday. He said he would like to send them a letter to come in for a show cause hearing. He also noted Tweeter would have the option to pay the established fine without coming in. They would be required to provide documentation on the number of attendees. Motion: To have the Town Manager notify the Board of Health, Zoning Enforcement Officer and Police and Fire Departments to monitor the facilities at the Tweeter Center (restrooms, fire lanes, parking, etc.) and give us feedback and a final report at the end of the season for decibel levels and patron counts for consideration of licensing next year. (Wi lis-Donovan) Chairman McCarter said he has heard the fire lane is used for parking of limos. He noted paragraph 6 of the license states they have to keep fire lanes clear. Town Manager D'Agostino stated the Fire Department should make the vehicles move. He also noted the Zoning Enforcement Officer and Board of Health have been down there. Clerk Wills suggested attendance counts be taken from the turnstiles. The Town Manager advised him the Zoning Enforcement Agent would be more concerned with occupancy load and capacity. Chairman McCarter noted a security fee was incorporated in the license for them to go down there. Town Manager D'Agostino reminded them the money goes into the general fund and at Special Town Meeting we plan to appropriate some of that for specific line items. Selectman Donovan pointed out the license states no open fires. He asked if that includes hibachis. VOTE: 3-1 with Selectman Amoruso opposed Passes Chairman McCarter: . referred to a memo from Ed O'Neill, Assistant Assessor, asking the Board of Selectmen to notify those individuals entitled to exemptions to return their applications. He then read a list of the allowed exemptions. Board of Selectmen Minutes of September 6, 2000 11 · asked that a Chairman's meeting be scheduled prior to Special Town Meeting on a Thursday night. October 5th was suggested as a possible date and a memorandum will be sent to all Board and Committee Chairmen. · asked that Attorney Mangiaratti be scheduled for a Tuesday night meeting to review pending cases. · asked if there is any estimate on free cash. Town Manager D'Agostino said he is not at this point comfortable enough with the number to disclose it, but it is considerably less than we've had in past years. · asked if we need to reactivate CIP for Special Town Meeting, noting the field would be an item. · mentioned that over the weekend he noticed in another community that next to each public rubbish barrel there was also a recycling container. He asked if it would be advisable to also put recycling containers throughout town. Selectman Donovan asked the Town Manager if he has received any additional information about the recycling of roofing shingles and other building materials. He suggested the company would like to bid on the contract when it comes up. Motion: To adjourn at 10:20 p.m. (Amoruso-Wills) 4-0 Passes ðd!:::rJvJt Board of Selectmen Minutes of September 6, 2000 12