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HomeMy WebLinkAboutmin brd of selectmen 08/09/00 Present: , ,\\~%~~~\)í\H \t,t 11"" r.. Board of Selectmen 1û ,;¡;, ,,< .... ~~ 2~ <j'5 Minutes IjIJ ~\)(; ~4 ," August 9, 2000 "Af\f1St\t.\...~\\S \ \I"~;: r' WJ S \.. M.~C\'S....\J Chairman David M. McCarter; Clerk Bradford P W~ls; Selectmen Amos M. Robinson, Louis P. Amoruso and Daniel Donovan. John D'Agostino, Town Manager The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. 1. Warrant No. 05 in the amount of $1,285,229.54 Motion: To approve and sign (Wills-Amoruso) 5-0 with two abstentions Passes Chairman McCarter abstained on Municipal Building Committee payroll and Selectman Robinson abstained on School Department vouchers and payroll Warrant No. 06 in the amount of $2,084,738.86 Motion:To approve and sign (Amoruso-Wills) 5-0 with two abstentions Passes Chairman McCarter abstained on Municipal Building Committee payroll and Selectman Robinson abstained on School Department vouchers and payro II Warrant No. 07 in the amount of $2,201,586.73 Motion: To approve and sign (Amoruso-Wills) 5-0 with 2 abstentions Passes Chairman McCarter abstained on Municipal Building Committee payroll and Selectman Robinson abstained on School Department vouchers and payro II 1. Tri-County Beagle Club - One-Day Beer & Wine License for Saturday, August 19th from 12:00 p.m. to 12:00 a.m. Motion: To approve (Amoruso-Donovan) 5-0 Passes Board of Selectmen Minutes of August 9, 2000 1 2. Commercial Parking Facility Licenses for Acme-Cleveland Corporation at 75 Chauncy Street for 1999 and 2000 - These licenses were approved at the last meeting and need to be signed Motion: To sign the licenses (Amoruso-Wills) 5-0 Passes 3. Local Officials Bond for Richard Boucher to be signed Motion: To authorize the clerk to sign (Amoruso-Donovan) 5-0 Passes 4. Drainlayer's Licenses for: · Prosser General Contracting, 521 John Scott Blvd. Norton . Phil Beatty Excavation, Inc., Mansfield Motion: To approve as recommended by the Town Engineer (Amoruso-Robinson) 5-0 Passes 5. Minutes of July 19, 2000 Selectmen's Meeting Motion : To approve (Amoruso-Robinson) 5-0 Passes 6. Minutes of July 19, 2000 Selectmen's Executive Session Motion: To approve but not release (Amoruso-Wills) 5-0 Passes 7. Minutes of July 19, 2000 Light Commissioners' Executive Session Motion: To approve but not release (Amoruso-Wills) 4-0-1 with Selectman Robinson abstaining Passes 8. Letter to MassPort requested by Russell Goldstein of Great Woods Car Service - Mansfield does not license limos, so MassPort requires this letter to allow him to pick up at Logan Motion: To support (Amoruso-Donovan) 5-0 Passes Town Manager and Staff: . Letter from Police Chief O'Neill re: award of a grant for a (fingerprint) card scanning workstation under the National Criminal History Improvement Program Board of Selectmen Minutes of August 9,2000 2 · Letter from Town Counsel Mangiaratti requesting Selectmen's direction in ZBA's request for legal representation Mr. D'Agostino explained the situation resulted because of the restriction placed on this matter. Mr. Clemmey has appeGled the Zoning Board's decision on the Tweeter Center parking. Attorney Mangiaratti is asking whether the Board wants him to monitor the case. Tweeter Center attorneys will be doing the work, but we need Mr. Mangiaratti to file an appearance so we are advised as to what is happening in the appeal. Motion: To allow Attorney Mangiaratti to file an appearance (Wills-Amoruso) 4-1 with Selectman Donovan opposed Passes · Memorandum from Town Clerk Helen Christian requesting approval of the election workers listed Motion: To approve the list as presented by the Town Clerk for a one year term beginning September 1, 2000 (Amoruso-Wills) 5-0 Passes · Memorandum from Police Chief O'Neill responding to Mr. Clemmey's request for specific reference regarding alleged open air parking license violations · Memorandum from Town Clerk Helen Christian with dates for a possible Special Town Meeting in October. The Town Clerk is recommending October 10th. It was decided to table the decision until the next meeting. Boards and Committees: · Letter from William H. Gerber, Jr., resigning from the Ad Hoc Committee for the Cable TV License Motion: To accept with regret and send him a letter of thanks (Wills-Robinson) 5-0 Passes · Letter from David H. Hammond resigning as an Associate Member of Zoning Board of Appeals Motion: To accept with regret and send him a letter of thanks (Amoruso-Robinson) 5-0 Passes · Letter from Jeff Siena, Airport Commission Chairman, responding to comments made in the discussion of the Wastewater Treatment Plant discharge water - a meeting will be set up with Selectmen, Airport Commission, and appropriate consultants Board of Selectmen Minutes of August 9,2000 3 · Letter from Nancielee Boyden, President Mansfield Cable Access, asking for response to their concern about MediaOne's channel realignment Let her know that we don't have any additional information yet and set up workshop with MediaOne, Cable Access and Board on a Tuesday or Thursday. A MediaOne ascertainment meeting was discussed at this point. The purpose of the meeting was laid out by the Town Manager, who noted money needs to be appropriated at Town Meeting for legal representation in the renewal process. Attorney Bill August can be paid as Special Counsel for this meeting. It was decided to set up an ascertainment meeting for August 3pt and to send letter to the ad-hoc cable committee updating them with what we're doing. · Letter from H. Thomas French, Jr., with 4-1 positive recommendation to the Selectmen in their role as Municipal Clearinghouse on the Hope Street - Memorial Park Recreation Facility Residents: · Letter from resident of 65 Winter Street concerning traffic and speeding on their street with request for additional signage and speed limit change - - referred to Police Dept. · Letter from Kathy Clapp requesting block party in the cul-de-sac at the end of Barnboard Road August 26th from 3:00 p.m. to midnight - approved by Police, Fire and DPW provided proper signage and emergency access are provided Motion: To approve subject to the requirements of the Police and Fire Departments (Amoruso-Robinson) 5-0 Passes · Letter from Gina Powers requesting permission to close Smith Road for their annual block party on August 26th beginning at 1:00 p.m. - approved by Police and Fire Departments provided proper signage and emergency access are provided Motion: To approve provided the requirements of the Police and Fire Departments are met (Amoruso-Robinson) 5-0 Passes · Letter from Christina Beecher requesting a block party for Harvestwood Lane Saturday, September 16th, with a rain date of the following day. Roads would be blocked at the end of Harvestwood and Pilgrim, as well as the intersection of Harvestwood and Old North Trail - approved by Police and Board of Selectmen Minutes of August 9, 2000 4 Fire Departments provided proper signage and emergency access are provided Motion: To approve subject to the conditions of Police, fire and DPW (Amoruso-Robinson) 5-0 Passes · Letter from David and Kathie Korona requesting a variance for a curb cut at 258/260 Ware Street - comments of Ptlm. Lance Lawson and DPW Director Azinheira attached Motion: To approve as recommended (Wills-Donovan) 5-0 Passes · Letter from residents of King Street requesting "Children Playing", speed limit signs, and/or speed bumps - Comments of Ptlm. Lance Lawson and DPW Director Azinheira attached Motion: To support the recommendations of Ptlm. Lawson for "Children Playing" sign, and the posting of standard Speed Limit 30 mph at each end of the street. (Amoruso-Robinson) 5-0 Passes Other: · Letter from Richard Reardon, Past Great Sachem of the Great Council of Massachusetts Improved Order of Red Men, requesting a Greeting from the Board of Selectmen for Gerald G. Moothart, Great Incahonee. Motion: To do a proclamation (Wills-Amoruso) 5-0 Passes · Letter from Bristol Builders requesting a rebate on the $8,040.00 capital charge they paid for the connection at 34 Plymouth Street. Project is still in permitting/construction phase and the revised fee would be $2,460.00 under the new fee structure. Kurt Gaffney, Water Operations Manager, noted there is a $5,580. Difference. Bristol Builders took out a building permit May 11th. He recommended a rebate be granted. Motion: To refund the difference between the fee paid and the revised fee (Donovan-Wills) 5-0 Passes · Letter from Keith A. Purrier, Chairman of the Billy Kelly Memorial 5K Road Race, to hold the race on Sunday, November 12th - positive recommendation of Police and Fire Departments attached Board of Selectmen Minutes of August 9, 2000 5 Motion : To approve (Wills-Donovan) 5-0 Passes . . Letters from Paul Copparini and Paul Piusz, Police Dept. Dispatchers, requesting a Special Municipal Employee exemption to allow them to provide painting services for the Mansfield School Dept. for 3-4 weeks. Their dispatching shift is 4 p.m. - 12 p.m. so they are not able to be at the meeting. They state in their letters that the hours they will be painting will not conflict with their shifts at the Police Dept. Motion: To approve subject to the Town Manager's review (Donovan-Amoruso) 5-0 Passes · Letter from Attorney David Gay requesting the Clemmey hearings be postponed from August 23rd to August 30th Motion: To continue the hearings scheduled for August 23rd at 8:00 p.m. and 8:15 p.m. to August 30th and to notify Attorney Gay and Mr. Clemmey (Amoruso-Wills) 4-1 (Donovan) Passes Eric Moberg, 17 Alden Street - addressed the Selectmen regarding a piece of property on his street. The unoccupied house at 42 Alden Street has become an eyesore in the neighborhood, with trash, wooden pallets, barrels with unknown contents, lawnmowers, as well as an unregistered automobile, motorcycle and motor boat scattered about the property. The property also has an addition to the house that was started without the proper permits and remains unfinished and open. He submitted pictures showing the condition of the property and other pictures of illustrating the general character of the neighborhood. Mr. Moberg asked the Selectmen to work with the Board of Health and Building Inspector to get the property cleaned up. Selectmen asked that the matter be referred to the BUilding Inspector for follow- up.. Auditors Bob Brown and Chris Laviolette of Brown and Barrett, Town Accountant Bea Kearney and Town Treasurer Richard Boucher were present for the report. The Auditor's Report, as required by OMB Circular A-133 and Government Auditing Standards, was presented for the year ended June 30, 1999. A Management Board of Selectmen Minutes of August 9, 2000 6 Letter for the same period was also reviewed. Weaknesses in cash reconciliation and the collection of delinquent taxes were reported and discussed. Other findings included late tax billing in the Assessors Office, lack of implementation by the School Department of new regulations regarding student activity accounts, and Reserve Fund Transfers of the School Department for other than extraordinary or unforeseen expenses. Each of the comments was addressed by the appropriate management personnel. Mr. Boucher stated there were different philosophical differences between him and the Brown & Barrett team, noting he prefers to work with people to get them to pay their taxes, saving the Town the expense of Tax Title. The auditors reported that overall the audit went fairly well and revenue expectations were met. DPW Director Lee Azinheira, Water Operations Manager Kurt Gaffney, and Town Engineer John Sullivan were present for the update and discussion. Water Ban - The State still requires us to have water conservation measures in place. The consumption is currently about 60'Yo over last July's, when the Phase 2 water ban was in effect, with August to date also being substantially more than the same period last year. Although they are not recommending to further tighten the restrictions, they are not comfortable lifting the water ban at this point. Other Water Issues -Selectman Amoruso asked if the capital charges are kept separate to use for capital improvements (they are). Revenue has exceeded projections, and the $15,000 decrease in new service charges will not affect overall revenue. New rates will be reflected in the August residential bills. Walsh Well -The relationship of draw from two basins was reviewed. Clerk Wills doublechecked that the water pressure for houses on Elyse Road will not be changed with the development of Homefield Estates. Mr. Gaffney assured him that Tata & Howard's study indicates it will not be a problem. Selectman Donovan questioned the 1989 study of Tata and Howard regarding a storage tank. Mr. Gaffney said it would be about a 1 million gallon tank and they are looking at East Mansfield to locate it because of the high elevation. It would help the water pressure throughout town. Mr. D'Agostino noted he wants to make sure we don't end up with an overwithdrawal of one basin and underwithdrawal of another. Mr. Gaffney assured him it won't happen with the SCADA system because we get the information on a regular basis and can regulate it. Mr. Gaffney also reported hiring Tata & Howard to do additional work and has amended the original Walsh Well contract. Board of Selectmen Minutes of August 9, 2000 7 DPW Director Lee Azinheira noted the Patricia Marie Village project, located off Oak Street, was before Board in December of 1999. They are now ready to proceed with construction. The road opening moratorium for Oak Street is not due to expire for another six months; however there is a long-term benefit to allowing the street to be cut now. The developer would prefer to make the straight connection and has proposed to cut the run past the connection and wheel the road, reasphalt and infrared. The end result is we would end up with a better road than we would next year. Chairman McCarter asked if it's been ascertained that the developer has taken conservation efforts and was assured that he had. Motion: To approve modification of the road opening permit (Wills-Donovan) 5-0 Passes Motion: To approve the water extension permit (Donovan-Wills) 5-0 Passes Setting up a workshop to establish guidelines and policy on water extension permits was discussed. DPW Director Azinheira noted he would like to include the Planning Board in the workshop and, in the future would like to see the developer required to have the water extension permit before they go to the Planning Board for approval. Mr. Gaffney pointed out that when a permit is issued, it's necessary to consider the decrease in the amount of water available in the withdrawal permit. This needs to be looked at long range for planning purposes. Chairman McCarter noted perhaps could be discussed at a September Chairman's meeting. Town Engineer John Sullivan updated the Selectmen on the status of the Route 106 project. He noted the treatment tank is there now, with the underground portions to be installed in September. It should be operational by the end of the year. He is presently in discussions with Bob Mangiaratti and the bonding company on the Route 106 project. The repair conditions are contingent upon rescinding the contract with Couglar. The bonding company cannot use Cougler without the Town's approval. Town Counsel has advised us that we can anticipate a lawsuit from the contractor if we refuse to use him, but we have good documentation should a suit result. Once that issue is resolved, we can work with the bonding company to modify what they're proposing on the repairs. The repair consists of grinding down edges of the trench and putting on a one-inch overlay. Mr. Sullivan reported he believes the area of the entire width of the trench should be ground down before repaving to avoid a hump. The bonding company thinks they can get the job done for less by using Couglar because he has been working on it. The Town doesn't want Board of Selectmen Minutes of August 9, 2000 8 him on the job because of the poor quality work he has done. Our options are to hire someone else or do it ourselves. We don't want to do the work, but have held back sufficient money to do the repairs if we have to. If the work is done by someone else and there is an additional cost, we have kept our rights to go back to the bonding company for the additional funds. Mr. Sullivan advised the Selectmen that he needs their vote regarding rescinding the contract with J. Couglar and to then negotiate the technical aspects of the repair proposal. Motion: To reject any proposal to accept J. Couglar back under any circumstances to repair or repave the road. (Amoruso-Robinson) 5-0 Passes Mr. Sullivan stated he would get back to the bonding company that the use of J. Couglar to complete the work is not acceptable and will then discuss the technical aspects of the repairs. He noted, however, that the cover letter from the attorney for the bond company notes that determination of record will be detrimental to the company's performance of additional work in the Commonwealth. Town Manager D'Agostino noted if we do rescind, then Mr. Couglar is free to do to other communities in the Commonwealth what he did to Mansfield. Leonard Flynn of the Natural Resource Trust of Mansfield presented news of the consummation of an agreement with fleet Bank to return 175 acres of land in the Great Woods for conservation purposes. The Land Preservation Society in Norton will also be getting a conservation easement in Norton. The entire parcel is comprised of 1,280 acres. He is continuing to work on getting another 24 acres back from MassHighway. He noted it took 2 i years of negotiations and is a good example of a public/private partnership working together. A celebration is being planned this fall to commemorate the Great Woods acquisition and he would like to contact and invite all Selectmen, finance Committee, and Conservation Commission members who served throughout the twenty-nine years it took to complete the Great Woods acquisition project. Mr. Flynn announced that the next big project is the greenbelt extending the length of the Canoe River through Sharon, foxboro, Mansfield, Norton and Easton. They've used a $50,000 grant to do a GIS map of area with the objective of identifying every parcel, every owner, and the size of each parcel. There are many surface wells in the area, and the best way to protect them is to hold the land in public ownership and limit its use. This project meets the criteria of protecting the eco-system and water. Major acquisitions will be done in Mansfield and Norton, Board of Selectmen Minutes of August 9, 2000 9 working closely with the Conservation Commission. Mr. flynn also showed GIS maps that can be overlayed to determine the priority of acquisitions. Mike Gifford, Treasurer of the New Beginnings Christian fellowship, read a statement prepared by Rev. Cheek that was written subsequent to their being advised the banner would not be allowed due to the separation of Church and State. He cited Supreme Court decisions on the issue in support of their request. Chairman McCarter advised Mr. Gifford the Selectmen had questions as to whether it would be appropriate to hang the banner and would like to hear more about the organization. He noted the issue is whether the banner was promoting a religious service and the Selectmen have not received an adequate answer to this point. He explained the Town has always aI/owed the use of public property for religious assemblies and has never denied anyone that. The banner "advertising" the event is a different situation. Mr. Gifford stated the event is a concert with Christian bands of different styles and persuasions, many of them appealing to a younger audience. They give concerts and 90'Yo of the event is music played by these bands. In between numbers there may be a skit or someone speaking, mostly talking about their relationship with Jesus. There is religious content. They also have a brunch available. Clerk Wills asked what the banner says. Mr. Gifford replied "Summer Christian Concerts every Sunday 10:30 to noon, North Common. Telephone number and states there is a brunch." Selectman Amoruso noted Town Counsel has spoken with Jeff Elofson and has advised the Selectmen that if they believe the activities are primarily of a secular, non-religious nature, hanging the banner is permissible. If the concert is to promote religious purposes, there's a problem hanging the banner, stating there is a difference between a general entertainment concert with secondary religious content and a service with music. He said we can, as a public service, list when all local churches hold their services, but hanging the banner may be advertising an event that might be a religious service. The Light Department operates as a separate entity from the Town and the Board would have to make the decision as Light Commissioners and not as Selectmen. Town Manager D'Agostino said spending taxpayer's dollars to promote what may be a religious service is not the same as allowing public access for religious groups to assemble. The Town is allowing the group the use of a piece of property and has Board of Selectmen Minutes of August 9, 2000 10 even allowed them access to electricity. Nobody is denying them the opportunity to hold their services there. The problem is allowing Light Department employees to hang a banner over a public way attached to Light Department poles. Mr. Gifford said they are appreciative of what the Town has done for them and there is no bitterness regarding this issue. The church perceives this as a service of the Light Department that's offered to all non-profit organizations. It appears that because this is a religious organization, the request is being treated differently. Discussion continued regarding the practice of hanging banners to promote fundraisers for non-profit organizations, with the Town Manager noting the same test has to be applied to St. Mary's, who has hung banners for many years for their annual fair. Clerk Wills said he has mixed emotions on the issue, and if it were no for the testimonies, it would be different. He asked if the church serves at least 100 Mansfield residents as required by the banner policy. Mr. Gifford said he doesn't know. Selectman Robinson asked if it is a concert only or is it more, pointing out that is where the line is drawn. He said he doesn't have a problem with a concert, but he does have a problem with it when there's speaking. Then every church in town has the right to ask for a banner to be hung to promote their religious services. Discussion concluded, with Mr. Gifford stating they would like to get the matter resolved in a timely manner. Motion: To hang the banner (Wi lis-Donovan) Selectman Amoruso said there are two options-to hang the sign, knowing the town is tolerant. His concern is that if someone does complain, we've gone into it with a good deal of knowledge and foresight and may expose the Town to some liability. He said it sounds to him that there is some type of service involved, and he will follow Mr. Mangiaratti's advice and vote against it. He told Mr. Gifford that he don't believe what they are doing is inappropriate and will try to get down there himself, but would prefer to err on the side of caution until he can judge for himself the nature of the event. Clerk Wills said they've been meeting for three years and there have been no complaints, so he doesn't think it will be a problem. Vote: 2-3 (Wills and Donovan in favor, Robinson, Amoruso and McCarter opposed) Fails Town Manager D'Agostino reported the following: Board of Selectmen Minutes of August 9,2000 11 · He attended a MassHighway District 5 meeting with Representative Poirier, Skip McCoy & staff for a funding update on Mansfield projects. There are serious structural issues with water percolating through the concrete at the Route 106 underpass, pushing the concrete up. The road is in disrepair in the concrete containment area, which is as wide as the street, and will cost $3 to 3.5 million to properly repair. District 5 intends to make some provisional corrections by paving it to buy us additional time, and attempts will be made to try to incorporate the repair with the development of the Train Station. · Bristol County Superior Court granted Mansfield summary judgement on the foxboro Skanco project. We believe damages to be $375,000-$415,000 and he would like to thank Lee Azinheira, who was our 70wn Engineer at the time and worked diligently with Town Counsel. · A status report is available from MassHighway on all projects and when we can expect funding. He also spoke about the signalization of West and Forbes and noted we are in the process of trying to convince MassHighway that a temporary light can become an easy permanent light over time. · The Train Station Advisory Committee will be meeting toward the end of August and it will be posted and advertised on Cable 9. We will attempt to incorporate the underpass project. Mr. McCourt will work with us, the MBTA and GATRA to try to get it done. The most money is at the Federal level and this is a federal transportation project. · He talked to Lee Azinheira about surveying the land where we are presently parking cars at the Train Station. It was determined that a professional survey is necessary as we cannot ascertain what is covered under the approved lease that dates back to 1990 and was signed by then Town Manager Tom Dwyer. The survey will cost $3,000-$5000. · He would like to schedule a vehicle use policy discussion with the Board. The State is going to grind Route 140 from foxboro to 495 and is going to try to overlay this year. Clerk Wills said he has noticed DPW has done good job around town doing work. Board of Selectmen Minutes of August 9, 2000 12 Motion: To adjourn at 11:07 p.m. (Amoruso-Robinson) 3-2 with Amoruso, Robinson and Donovan In favor, McCarter and Wills opposed dv( YvJJ~ g' fj3/~ Date f Approval 's Signature Board of Selectmen Minutes of August 9, 2000 13