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HomeMy WebLinkAboutmin brd of selectmen 07/19/00 Present: TDWN ~f~~!VtD ....II'S OFFICE 00 AUG II AH 7: 5 I 'HA~~~FJ£LD Chairman David M. McCarter; Clerk Bradford E. Wills; Selectme«USETTS Amos M. Robinson, Louis P. Amoruso and Daniel Donovan. Board of Selectmen Minutes July 19, 2000 Town Manager John D'Agostino The meeting was called to order at 7:00 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 53 in the amount of $386,759.52 Motion: To approve and sign the warrant (Amoruso-Wills) All in favor with Chairman McCarter abstaining from Municipal Building Committee payroll and Selectman Robinson abstaining from School Department payroll. Passes · Warrant No. 03 in the amount of $2,125,773.72 Motion: To approve and sign the warrant (Amoruso-Donovan) All in favor with Chairman McCarter abstaining from Municipal Building payroll and Selectman Robinson abstaining from School Department payroll. Passes · Warrant No. 04 in the amount of $1,340,558.96 Motion: To approve and sign the warrant (Amoruso-Wills) All in favor with Chairman McCarter abstaining from Municipal Building payroll and Selectman Robinson abstaining from School Department payroll. Passes · Minutes of July 5, 2000 Executive Session Motion: To approve and release (Amoruso-Donovan) All in favor Passes · Minutes of July 5, 2000 (Open Session) Minutes of July 19, 2000 Motion: To approve with the amendment that Clerk Wills asked if the water main extension requested for Homefield Farms would have any effect on the water pressure problems experienced by the residents of Elyse Road. (Amoruso-Wills) All in favor Passes · Minutes of July 10,2000 - Selectmen's Business Portion of Light Commissioner's Meeting Motion: To approve (Amoruso-Wills) All in favor Passes Drainlayer's License for: · Team Development Corp., 186 Spring Street, Mansfield · Dick Shufelt Septic Maintenance, Inc., 172 Kendall Street, Walpole · Professional Developers LTD. · Turner Brothers LLC · Feeney Corp. · Christian & Feck, Corp. Recommendation from Town Engineer John Sullivan to approve Motion: To approve (Donovan-Wills) All in favor Passes Motion: To go into Executive Session to discuss strategy relative to litigation with the Light Department case and also to discuss the strategy for a leasel purchase of real estate, returning to Open Session at the conclusion. (A moruso- Donovan) Roll call vote: Robinson, nay; Amoruso, aye; Wills, aye; Donovan, aye; McCarter, aye Passes 4-1 The meeting reconvened in Open Session at 8:30 p.m. Town ManaQer and Staff · Memorandum from Town Engineer John Sullivan dated July 17th advising that the required work on the Cleveland Twist Drill Co. Parking Lot has been completed Motion: To grant the license for the preceding year (1999) (Amoruso-Wills) All in favor Passes Motion: To approve the license for the current year (2000) (Amoruso-Donovan) All in favor Passes Minutes of July 19, 2000 2 · Memorandum from Town Engineer John Sullivan dated July 13th re: fee waiver request for Mill Street sewer extension. Recommends the following fees be waived in accordance with Selectmen's policy because it is a municipal project: All Town fees 1. DPW Permit to Excavate in the Public Way and associated bonding fees 2. Drainlayer's licensing fee 3. Blasting fees associated with the sewer trench work. Motion : To waive the fees as requested (Wills-Amourso) All in favor Passes · Memorandum from Town Engineer John Sullivan dated July 18, 2000 re: Mill Street Sewer Construction · Memorandum from Council on Aging updating the Board on the Gatra Van Service under AA Metro South Transportation · Memorandum from DPW Director Lee Azinheira requesting approval of the revised job description for Highway Foreman DPW Director Lee Azinheira explained that the revised job description was requested by the Union. He has held off bringing it back before Board because of other potential issues that were being resolved during union negotiations. It is an existing position, but needs to be transitioned from acting to permanent with these modifications. The position still has to be posted, but he has been holding off for Board approval and is now ready to move forward because the Union contract was ratified yesterday. Motion: To approve the revised job description for Highway Foreman (Donovan-Amoruso) 4-1 with Robinson opposed Passes · Memorandum from Chief O'Neill with Lt. Figuredo's Report regarding a July 3, 2000 curfew runover at the Tweeter Center Discussion ensued as to the exact number of minutes beyond curfew the infraction involved. The license will be reviewed and, if 2-3 minutes calls for a fine, it will be collected. · Copy of letter from Chief O'Neill to Detective Ellsworth, with copy of Letter from the Assistant District Attorney of Bristol County commending Det. Ellsworth on his handling of a recent investigation · Copy of letter to Town Manager from Bill August re: Cable Television License Renewal Proceedings, with an overview of his services and qualifications attached for consideration Minutes of July 19, 2000 3 The Town Manager said it will be necessary to get $24,000 at Town Meeting in the Fall. He also advised them they can get other bids, but if they're comfortable with Bill August, he should be considered unless the Board thinks they can get someone else. Selectman Amoruso noted $24,000 is considerably less than Cable Access paid the last time the contract was negotiated. Boards and Committees · Letter from Mansfield Shelter Friends requesting permission to place a sign on the South Common from July 20th to July 30th advertising their annual fund raising event to be held on the South Common July 29th. They will coordinate with DPW to make sure the sprinkler system is not damaged. Policy issues relative to signs were discussed. Motion: To have the Town Manager handle the sign. (Wills-Amoruso) All in favor Passes · Letter from Michael Forbes, Executive Director of Mansfield Housing Authority, requesting that the $5,000 road opening bond be waived for running a new sewer line at a Housing Authority property on Dean Street. Recommendation from Lee Azinheira to waive the fee. Motion: To waive the fee, but not the bond (Robinson-Donovan) All in favor Passes · Letter from H. Thomas French, Planning Board Chairman, regarding the Planning Board's unanimous vote to appeal the Zoning Board of Appeals decision to overturn the Building Inspector's ruling on the application of DLC Corporation for additional parking spaces at 885 South Main Street Appeal period expired yesterday. Karl Clemmey filed an appeal Chairman McCarter conceded he should have waited until the decision was rendered before voting not to allow an appeal by the Planning Board He also suggested that if the Planning Board is concerned about an entity purchasing land to expand and this situation happens again, perhaps it could be addressed in our zoning regulations. Town Manager D'Agostino noted they have already done so. Selectman Amoruso suggested the Board take a look at the process, noting if what we heard from the ZBA is correct, they don't pay much attention to Planning Board recommendations and other opinions. · Letter from H. Thomas French, Planning Board Chairman, disclosing his relationship in a minor capacity with Shaw's Supermarket. The project is scheduled before the Planning Board tonight for site plan review Minutes of July 19, 2000 4 Residents · Letter from David and Kathie Korona requesting a variance for the construction of a curb cut driveway for a duplex located at 258/260 Ware Street - Memorandum from Ptlm. Lance Lawson attached, noting he sees no problem with granting the waiver Hold for DPW recommendation · Copy of letter from Karl Clemmey to the Town Manager regarding various events at the Tweeter Center in which Mr. Clemmey details license violations he believes to have occurred. · Letter from Dan Clemmey requesting a detailed written report of the exact violations alleged to have occurred at their 875 South Main Street parking lot. Mr. Clemmey requests that the report contain the exact section of the regulations each incident is in violation of. Town Manager D'Agostino advised the Board of his meeting with the Clemmeys on this issue. The letter will be forwarded to the Chief, asking him to comply with the request · Copy of letter from Carol and Karl Clemmey to the Town Manager regarding their use of 875 South Main Street for a private party for family and friends on July pt and making a formal complaint regarding the Chief Police on the matter · Citizen Complaint of Police Misconduct filed by William and Dan Clemmey alleging harassment and abuse of power at their 875 South Main Street parking lot on July pt. Town Manager D'Agostino said he would like to submit the complaint to the Attorney General's office and would be asking for an impartial investigation if one is warranted He believes it's an abuse of power issue. Selectmen Amoruso said he would like to have a public hearing first to see if there's any clarification. If it is a misuse of power, he stated he doesn't think were equipped to investigate that. Town Manager D'Agostino noted that if the allegations are accurate in any regard, it is a serious issue and needs to be looked at by an appropriate authority. Their allegation is not about the use of the lot, but about the conduct of the police. He further stated that he is the appointing authority of the Chief and believes the A ttorney General is the appropriate person to handle this complaint. He said he is wl'l/ing to wait until after the hearing if that is the Board's decision. · Petition from residents of King Street requesting speed limit signs, "children playing" signs andlor speed bumps - Referred to Police Dept. Minutes of July 19, 2000 5 Other Letter from Janet Carrigan of Plainville requesting Selectmen to make more non- resident parking available at the Train Station Selectmen Donovan suggested sending her a letter requesting that she ask her Selectmen to provide Plainvl'l/e residents with a bus. Clerk Wills noted there is plenty of parking at the Route 128 garage. Mary Hourigon, 475 Chauncy St. - informed everyone of a situation that may occur in her neighborhood. She explained that her family has lived there 23 years and she and her husband have raised three children in an historic home. They knew when they purchased their home, known as Sunnyside, in 1976 that they would be abutted by industrial. However, a new four-story motel is now proposed directly behind their house. The developers are seeking a permit for the 2.8 acres requesting to build a 104 room motel. This exceeds the allowed Floor Area Ratio. She will present her concerns at the Planning Board hearing on August 2nd and asked that Selectmen speak to the Planning Board to become more familiar with the project and it's impact on the town and her neighborhood. Bill Gerber, 362 Central Street - reported he was just sworn in for the Ad-Hoc Committee and has done some research and contacted cable companies to see if they'd be interested in coming into Mansfield. He noted he has also received phone calls from other residents who are looking to other than cable. He asked if there has been any contact with Media One regarding the missing channel, etc. Selectman Amoruso noted current programming is one issue that the Board and Cable Access has to deal with. Any issue relative to license wherein we would want to talk about strategy in negotiating the contract would be conducted outside of open session. Selectman Amoruso also noted one of first things in developing a new license is to solicit input from the public regarding their experience and their feeling as to what theyre looking for and what they need He noted that he read the old contract completely today, and what he was looking for was not there. He has been told there was a gentlemen's agreement, but it was never put in the contract, so now were looking at an issue ft amendment rights. Lee Parham, 106 Union Street, Manager of Century 21 - thanked the Selectmen and Town Manager for their participation in the dunk tank. He reported they raised $275 for the Food Pantry and $275 for the Parade Fund. Minutes of July 19, 2000 6 Public Hearings were scheduled at 8:00 p.m. and 8:15 p.m. on alleged violations occurring at the 875 South Main Street open-air parking lot of Karl Clemmey on June 17, 2000 and July 1, 2000. A letter was received from Mr. Clemmey requesting that the hearings be continued to August 23rd. Motion: To continue the hearings to August 23, 2000 at 8:00 and 8:15 p.m. (Donovan-Wills) All in favor Passes The Public Hearing was opened on the alleged violation occurring July 1, 2000 at the 888 South Main Street open-air parking lot of Nancy Gray McNeeley. Mr. D'Agostino reported on having discussions with McNeeleys regarding their lot. Cars were parking in the lot without their permission and the lot was not open. McNeeleys had been asked by Police last year to put up barriers when the lot is not open. When the lot has cars parked there, there needs to be a police detail. Dan McGonegal is proposing to construct two signs. Discussion followed as to whether or not the signs would solve the problem and if further action was necessary. Selectmen requested that all parties be present to properly resolve the issue. Motion: To continue the public hearing to August 9, 2000 at 8:30 p.m. (Robinson-Amoruso) Further discussion followed regarding the fact that nobody came forward and it appears the issue is resolved Clerk Wl'l/s suggested a written warning is sufficient. Chairman McCarter was opposed to continuing the hearing. Vote: 1-4 Motion fails Motion: To dismiss it and, if it happens again, let the Police file a complaint and start over. (Donovan-Amoruso) Selectman Amoruso noted it is also the parking lot for a business during the day. The incIdent in question, he pointed out, was a free local event and people chose to park there without the owners' permission. He suggested that putting up the signs may solve the problem when the business is closed Vote: 4-1 with Selectman Robinson opposed Motion passes Present were Dave Young of Camp, Dresser, McKee (CDM); and Lee Azinheira, Mansfield DPW Director Minutes of July 19, 2000 7 Mr. Azinheira noted this is a follow-up to the meeting two weeks ago. They have since had a meeting with the Department of Environmental Protection (DEP) in Boston and put together an outline, which was handed out to Selectmen. DEP is looking for the Town to update it's 1976 Facilities Plan, defining wastewater needs within the community. They have convinced DEP that the needs analysis is still valid under the current guidelines, and DEP now wants the Town to update the data. DEP has said the Town must complete the Wastewater Facilities Plan before any additional disposal capacity is granted. Selectmen asked if consideration was given to the fact that Norton may be building their own facility and suggested the topic be further discussed at the Regional Water and Sewer Commissioners meeting. Mr. Young agreed that if both Norton and Foxboro end up taking capacity out of our s)'stem, that would need to be factored into the study. Also discussed was the attempt to use the wetlands around the TPC golf course in Norton as a disposal area or discharging additional flow into the Three Mile River. DEP had strong reservations about either of those proposals and want the Town to look at the Airport site. It was noted that Jeff Siena, Chairman of the Airport Commission, has expressed concern that it would result in additional waterfowl will being attracted to the area. He is also concerned that the stormwater may have an impact on the runways. Messrs. Azinheira and Young emphasized that the project is too important to discard because we will need additional capacity. Funding methods and attempts to get industrial users to purchase reclaimed water were further discussed, with Mr. Young pointing out the need to look at both wastewater needs and stormwater treatment and to balance the two. Mr. Azinheira noted that the inflow and infiltration component will also be dealt with extensively in the plan. The cost to do the plan will be estimated and available prior to the August 15th deadline for filing to obtain funding. Clerk Wills asked Mr. Azinheira to provide a figure for the total costs incurred as the result of Foxboro's requests. This would include costs associated with the Stadium, as well as costs incurred in modeling work and the extension of the permitting time for the withdrawal permit under the Interbasin Transfer Act. Town Manager D'Agostino advised the Selectmen of the necessity of signing the agreement with Mansfield Youth Soccer to obtain their $94,000 for the joint partnership in developing the Plymouth Street fields. He noted this is the same Minutes of July 19, 2000 8 agreement we've had for a number of weeks. A letter of agreement, signed by Bruce Freal of Mansfield Youth Soccer, has been attached at the request of the Selectmen stating that no child will be exempt from a lottery system should one be necessary in determining who will play. The Recreation Commission will also need to sign the agreement. Following the signing by both the Board of Selectmen and the Recreation Commission, it will then be signed by the Town Manager. Motion: To sign the agreement (Amoruso-Robinson) 5-0 Passes Town Manager D'Agostino reported on the following: · He will be on vacation as of Friday, leaving Mansfield on Saturday, and returning to the office August 7th. He has appointed Jack Beliveau as Acting Town Manager again. No additional compensation will be involved. · Has provided the Board with the Vehicle Use Policy and would like to discuss this with the Board at the next meeting. · Just received notification from MassHighway of approval of the Multi-Purpose Trail from the MBT A parking lot to Fruit Street in Mansfield. It has received approval as a Federal aid project, with future maintenance and costs of any landtaking to come from the Town. He suggested Selectmen may want to have an update from Shaun Burke on the project sometime in September. · We are scheduled to meet with Foxboro and Norton Water and Sewer Commissioners tomorrow night in Mansfield for the quarterly regional meeting. He asked that any other agenda items be forwarded for inclusion on the agenda. · Is pleased to report we have completed the selection for the Police Management Study. An extensive recruitment and evaluation process was utilized and we have hired who we believe to be the most qualified individual to provide us with the information we need to move into the future. Proposals were based on qualifications, and the lowest bidder was the most qualified. He will let the Board know who has been selected when the notice to proceed is issued. · A brief summary on the status of the Route 106 Project is in the reading folder. He suggested having Town Engineer John Sullivan come in sometime in August to discuss this issue. He further advised the Board that it looks like we'll have final resolution to the Route 106 project and it will be done in a timely fashion. Minutes of July 19, 2000 9 The biggest problem now is the installation of a pump station and we are now putting a treatment process in place and hope the pump station will be in the ground and hooked up sometime in September. There are still a number of other issues to be addressed prior to putting it in use. · The MBTA is scheduled to paint the bridge crossing Route 106 September 30, 2000. Selectman Robinson: the water ban sign in East Monsfield is blocking the view of traffic on East Street. When you come out on Mill Street and look down toward Dustin Court, you can't see what's coming until you pull halfway out. Selectman Donovan - a bicyclist told him that half the set of lights at North Main Street and Route 106 works and the other doesn't. He also had a couple of complaints about the band at Villa Liquor using foul language the night of the Downtown Business function. Chairman McCarter - asked that Mr. Montgomery be contacted to be present for an executive session on August 9th at 7:00 p.m. to discuss the deployment of security personnel for the Phish concert. Motion: To adjourn at 10:35 P.M. (Amoruso-Robinson) All in favor Passes I~d? .~~J ·.)--AJ} ,u~ , ,. ~ l A ;¡~-- ,. ...' '.. , Clerk's Signature Minutes of July 19, 2000 10