HomeMy WebLinkAboutmin brd of selectmen 07/05/00
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Board of Selectmen \ 9: 56
Minutes 00 JUL 2 \ ~"
July 5, 2000 ì"tANSf\ELD
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Chairman David W. McCarter; Clerk Brådrord E. Wills; Selectmen
Amos M. Robinson, Louis P. Amoruso and Daniel Donovan.
John D'Agostino, Town Manager
The meeting was called to order at 7:00 p.m., followed by the Pledge of
Allegiance to the Flag.
Motion: To go into Executive Session for the purpose of negotiations and strategy
on the Town Manager's contract and return to Open Session at the conclusion of
the Executive Session.
(Amoruso-Wills) Roll call vote: Robinson, aye; Amoruso, aye; Wills, aye;
Donovan, aye; McCarter, aye Passes
The meeting reconvened in Open Session at 7:45 p.m.
Chairman McCarter advised the public that an agreement has been reached with
the Town Manager for a new contract for the period December 1, 2000 through
November 30, 2003. His salary will be $110,000.00. This amount includes a
$10,000.00 stipend for his services as the Manager of the Mansfield Municipal
Light Department. The contract was approved on a 3-2 vote.
· Minutes of June 28, 2000
Motion: To approve
(Amoruso-Wills) 4-0-1 with Chairman McCarter abstaining
· One-Day Beer & Wine License for Tri-County Beagle Club Field Trial and Dinner,
Saturday, July 8, 2000 from 12:00 p.m. to 12:00 a.m. - approved by Treasurer's
Office, Assessor's Office and Police Chief
Motion: To approve
(Robinson-Wills) All in favor. Passes
· Lease Agreement of Ditchman Land for Commuter Parking
Issues involving the lease were discussed. Concern regarding the impact on
commuter parking was noted. A letter to Bert Cook from Joe Ditchman
regarding the hiring of Lorusso Paving to finish the pavement area was
considered, as was a note from Town Engineer John Sullivan recommending the
Minutes of July 5, 2000
1
Selectmen extend the deadline to July 19th based on the letter from Mr.
Ditchman. Chairman McCarter suggested that Town Counsel do a title exam on
the property.
Motion: To extend the completion deadline to July 19th
(Amoruso-Wills) All in favor. Passes
· Agreement between the Town of Mansfield and Mansfield Youth Soccer, Inc.
The Town Manager noted that Bruce Freal needs to sign the Agreement. Bruce
Fallows, Treasurer of Mansfield Youth Soccer, was present at the meeting. Mr.
D'Agostino explained that the Agreement provides for the Town to provide
matching funds up to $94,000 for the renovations entailed in the agreement for
the reconstruction of a soccer field at Plymouth Street. Steve MacCaffrie of
Mill Street, who was present in the audience, questioned whether the
Agreement accurately reflects the vote of Town Meeting when the funds were
appropriated for this purpose. He noted that he had amended the motion at
Town Meeting and the amendment passed. The amendment provided that if
Town funds were used and there was a need to use a lottery system to select
players in the event there were too many children who wanted to participate in
the program, the lottery would be open to all equally and no special advantage
would be given to any child. This amendment came about as the result of a
letter sent to parents advising them of the possibility of a lottery system being
necessary. At that time Town Meeting attendance was encouraged by the
suggestion that the children of those who attended the meeting would be given
preferential treatment if a lottery system became necessary.
Motion: To approve the Agreement as presented by Mansfield Youth Soccer for
the further development of the Plymouth Street fields, with the Town to
provide up to $94,000 in matching funds
(Amoruso-Donovan)
In light of discussion involving the vote of Town Meeting, the motion was
amended by the recommendation that a letter of agreement be attached to the
contract, noting that in the event of a lottery selection process, everyone
meeting the requirements to participate would be eligible to participate in the
lottery and would be given an equal chance.
Motion: To approve as amended
(Amoruso-Donovan) All in favor. Passes
· Letter from Christine West requesting to close Deer Path Lane and Deer Path
Circle for a Block Party on August 5, 2000. Approvals of Police and Fire Chiefs
received provided proper signage and emergency access are provided
Minutes of July 5, 2000
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Motion: To approve subject to the requirements of the Police and Fire Chiefs
(Amoruso-Donovan) All in favor. Passes
·
Memorandum from Lt. George Figueredo to the Chief of Police regarding Open
Air Parking Lot violation on Saturday, July 1, 2000 at the Clemmey lot and
McNeely lot
Town Manager D'Agostino noted the McNeeley lot wasn't open and the Clemmeys
were allowing family and friends to park there, but it's a violation. Chairman
McCarter responded that if there is an allegation of an open air parking
violation, it is incumbent upon the Board of Selectmen to hold a hearing.
Discussion ensued as to the scheduling, with Selectman Amoruso suggesting the
need to revisit the open air parking regulations. Consideration was given to
addressing both matters at the July 19th meeting when Mr. Clemmey is already
scheduled for a hearing on a previous allegation of a violation. Because the
regulations require that a hearing be held within ten days of the violation, it was
suggested that both individuals be invited to be present for a hearing at 7:45
p.m. on July 10th, and the matter would be taken up during the Light
Commissioners/ Selectmen's meeting.
Motion: To hold a public hearing for the two citations on the open air parking
violations on Monday, July 10th at 7:45 p.m. during the Light Commissioners
meeting unless the individuals involved would prefer to request in writing a
postponement to July 19th
(Amoruso-Wills) All in favor. Passes
·
Letter from Richard Jenssen of 39 Smith Road requesting "children playing"
signs on Smith Road. E-mail response of Mark Cook attached with his
recommendation to Lee Azinheira
·
Letter from Joe Ditchman to Bert Cook regarding parking lot improvements,
with note attached from Town Engineer. Town Engineer recommends extending
the date of completion of paving to Wednesday, July 19th.
Motion: To extend the deadline to July 19th
(Amoruso-Wills) All in favor. Passes
Steve MacCaffrie of 236 Mill St. - addressed the Board of Selectmen on three
matters:
1. Cable-he stated he doesn't think the Board can censor what people pay to see.
2. Fire Chief and Fire Dept. - are getting maligned for their costs in sick time and
vacation time. He noted the firefighters have contracts and it's not fair to say
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they can't take their sick leave when they're not sick. The Town voted to
change their work hours and the Fire Department shouldn't be jeopardized by
shortchanging shifts. He noted sick time will be paid either now or, if
accumulated, at the time a firefighter retires.
3. Democracy and freedom of choice - stating that in the spirit of democracy and
freedom of choice, the questions should have been separated on the override
ballot. He noted some people voted "no" on principle because there was no
freedom of choice provided. Selectman Donovan said it was his duty to let the
people vote on it. That's why we have Town Meeting, and the 10,000 people who
didn't show up to vote must have been happy with it.
George Dentino, Gladiola Terrace - asked for clarification on open air parking. He
questioned the "complaints" filed by the Police Department, noting he doesn't
understand why they would require a Police detail at a lot where the owners were
allowing friends and family to park without charge. He further noted there is not
supposed to be any parking on Gladiola Terrace during Tweeter Center events, but
no Police detail is provided to enforce it.
Brother Alexis Bognolo, Pilgrim Road - stated he is a Franciscan brother and not a
Catholic priest. He is speaking as a Mansfield resident and is not representing any
Catholic entity in his remarks. He spoke of the petition he began for citizens to
express their will to the Selectmen regarding pornography on Cable TV and passed
out internet documents stating enforcement of obscenity laws is not censorship.
He noted some expressions of speech are not protected by the 1st amendment. He
also read legal definitions of censorship and pornography and provided a 12 page
summary of an article by Victor B. Kline wherein the relationship of pornography
leading to aberrant sexual behavior and crime is discussed.
John Russo, 16 Ware Street - asked if the cable issue has been decided. He spoke
of the Declaration of Independence and the pt amendment, noting it's not about
what people like or dislike. Selectman Amoruso responded that it is his recollection
that the original agreement signed with CVI specifically excluded the Playboy
channel and pornography in general. Unless it's been changed by contract, they
would be in violation of the contract. He noted that the pt amendment provides the
right and privilege to put anything they want on Cable. If, however, they've signed
an agreement and said they're not going to do that, then it's a violation of the
contract. It is that issue that will be reviewed and addressed. Town Manager
D'Agostino noted Attorney August would be consulted because he has been the
lawyer dating back to the first contract with CVI. Selectman Amoruso noted
there are a number of items that have to be reviewed to be sure the contract is
being adhered to.
Minutes of July 5, 2000
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Bill Gerber, Central Street - thanked the Town Manager and whoever else was
involved for rescuing the clock from the old Town Hall for use at the proposed new
Train Station. Town Manager D'Agostino stated it was Lenny Flynn who alerted him
to the fact that the clock exists. He was told it was displayed at the last Town Hall
and had been put in storage during the conversion to the Police Station. He then
asked Mike Ahern about its existence, and the next thing he knew Bob Nemitz was
wheeling the clock into his office.
Town Engineer John Sullivan and Engineer David Field were present to talk about
the proposed detour route during the Mill Street sewer extension project that will
be starting Monday, July 17th. Notification will be put in the newspapers and on
cable television and residents of the Mill Street area will be advised. David Field
showed the mapped detour route, noting the project will be done in two phases.
The first phase, nearer the Norton line, requires a longer detour of three to four
miles. It will start in Norton and proceed down Newcomb and North Washington
Streets to Essex Street and back to Mill Street. Work in this phase is expected
to take a maximum of three to four weeks if all goes well. The second phase will
require a shorter detour of Mill Farm Road to Plowshare Court and back to Mill
Street. By requiring the contractor to do this as the second phase, the school bus
detour should not be significant if the project extends into September. A pre-
construction meeting is scheduled with the School Department next week to
prevent a reoccurrence of bus routing problems experienced in the past. The
entire job was designed by the Town's Engineering Department and was started
when Lee Azinheira was Town Engineer.
Chairman McCarter asked where we stand on the Route 106 project. Mr. Sullivan
advised the Board he has met a couple of times with the bonding company
consultant and is now waiting to hear from them. Selectmen Robinson asked when
the detour sign at Franklin Street and Route 106 will be taken down. Mr. Sullivan
replied "tomorrow"!
Present for the interviews were:
William H. Gerber, Jr., 362 Central Street
Mike Healey, 18 Casa Drive
Bruce Fallows, 15 Avon Street
Brother Alexis Bugnolo, 62 Pilgrim Road
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Patricia A. Kerley, 98 York Road, was not be able to be present but expressed a
willingness to meet with the Board of Selectmen at some other time. Chairman
McCarter suggested that a meeting be set up for her to meet with the Town
Manager.
Chairman McCarter advised the applicants that the Cable license would be expiring
later in the year and asked each of them to explain their interest in serving on this
committee.
Bruce Fallows said that after watching several meetings, he decided to get involved.
He noted he has lots of concerns with the cable company and has experience
negotiating with vendors.
Mike Healey noted he has been on the Cable Access Board for six years and has
come across various issues and wants to make sure we have an understanding of
what's going on. He spoke about issues regarding the van, pulling channels, and
customer complaints and said he is concerned about all the license transfers that
have taken place.
Bill Gerber, also a member of the Cable Access Board, said he is concerned about
what is happening with the license in light of recent court decisions. He believes
the license needs to be much more stringent. He also advised the Selectmen that
if they think two Access Board members serving on the ad-hoc committee would be
too many, he would defer to Mike Healy. If it's not a problem, he would be glad to
serve.
Brother Alexis Bognolo noted his experience in the media diocesesan channel and
his work with an internet company. He said he would like to see the issue of values
addressed in the license. He spoke of talking to Mr. Foss after last week's meeting
and posing two questions to him. He asked him if there was a neo-Nazi channel that
wanted to have their channel on your network and they promoted the murder of
Jewish people and glorified it, would he allow it. Mr. Foss reportedly said yes, he
would if it generates money. He also asked Mr. Foss if he would allow a channel
that would do the same thing against blacks, and Mr. Foss answered that yes, he
would and is not concerned about ethical standards.
Selectman Donovan asked the applicants if they would be willing to put in writing
what they would like to see in the license, noting some things are negotiable and
others we have no control over. He pointed out the Board of Selectmen would be
expecting some written agreement regarding the input of the ad-hoc committee.
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A memorandum was sent out to all departments, boards and committees inviting
applications to serve on the ad-hoc committee. Selectmen Amoruso pointed out he
anticipates the license renewal process will take three to four years and they may
have concluded from last week's meeting that it will not be an easy negotiating
process. Applicants then reported on their experience in dealing with negotiations
and contracts. Chairman McCarter suggested it would be good for the committee
to open it up to competition and see if there are other companies who could come to
Mansfield, noting there's not much to negotiate when we have only one choice. He
also asked to be reminded that funds for legal services will need to be appropriated
at the Fall Town Meeting for this process.
Motion: To appoint all five applicants, with Patricia Kerley's appointment being
subject to an interview with the Town Manager
(Amoruso-Donovan) All in favor. Passes
Mr. Amoruso suggested a representative from the Board of Selectmen, School
Committee, and Finance Committee should also be appointed, with the Town
Manager as a non-voting member if necessary.
Motion: To appoint Lou Amoruso as the Selectmen's representative
(Donovan-Wills) All in favor. Passes
Chairman McCarter asked that Mr. Foss be advised that we've formed an ad-hoc
committee. Also, he asked the Town Manager to call Mr. Foss and to set up a
meeting to talk about the fifth channel and to discuss the rearrangement of the
Cable 8 channel. He also asked that Mr. Foss be reminded that the van issue has
never resolved.
Present were Dave Young of Camp, Dresser, McKee (CDM); and Lee Azinheira,
Mansfield DPW Director
Mr. Young gave the Board an update on where we are with the reclaimed water
project, noting several meetings have been held since February. He noted sending
the Selectmen an Executive Summary and report about a week ago. Implementation
measures have been discussed and he now needs the Board's comments prior to
getting back to DEP.
Mr. Young reviewed the established goal to come up with a way to increase effluent
disposal capacity and discussed CDM's work and progress in meeting that goal. He
cited the discussions with the TPC golf course proponents and reviewed discussions
with the Mansfield Airport Commissioners as proof to DEP that we've looked at
alternatives. He also noted they are looking for ways to discharge other than
Minutes of July 5, 2000
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putting the discharge into the Three Mile River because DEP is concerned about
additional nutrient loading to that river. They've also looked at non-irrigation
season options and need to find year-round use to increase capacity, noting they
could get rid of 300,000 gpd May-October. Mr. Azinheira showed the force main
routes on a map and discussed various implementation options to avoid having to go
under Route 495. Funding sources will be explored, with alternate routes being
considered to get to the treatment plant which is seven miles away.
A general timetable was reviewed for permitting, design and construction. Mr.
Young explained they would need to get DEP input. If they agreed, permitting and
design, once funding is authorized by the Town, would be about six months. Mr.
Azinheira said he is trying to have something to present at Fall Town Meeting and
stated he would need to know for Town Meeting if any Trust Fund money will be
available.
Town Manager D'Agostino asked if there is a cost breakdown for the design phase,
noting we would need to know what those dollar amounts are if we're going to use
Trust Fund money. Mr. Azinheira asked if it is the consensus of the Board that we
should be preparing the application for the August 15th deadline. Chairman
McCarter suggested the presentation be made at the Regional Water and Sewer
Commissioners meeting July 20th. It was suggested that if the project will go to
construction in 2001, application should be made by August 15th. Mr. Azinheira said
he expects one of our major tasks will be to determine what the additional capacity
is worth. Mr. Young stated he doesn't think we'll be able to determine that until
the specifications for the facility are complete.
Water Operations Manager Kurt Gaffney reviewed two contracts he would like
approved. He presented the Prism Environmental Agreement for the Jewel
Street/ Angell Street water main extensions, along with their fee schedule. He
noted the Water Department will be overseeing the design and the whole
construction phase.
Motion: To approve the agreement and authorize the Town Manager to sign the
contract
(Donovan-Amoruso) All in favor. Passes
Improvements to Foolish Hill Reservoir - Woodard & Curran: the scope of services
as outlined in the Engineering Services Agreement dated June 28, 2000 was
reviewed for repairs/improvements to the Foolish Hill Reservoir as summarized in
the Woodard & Currant report titled" Structural Condition Assessment Foolish Hill
Reservoir Mansfield, MA, dated February 2000". This included the repair of some
Minutes of July 5, 2000
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cracks inside the tank; installation of a permanent sodium hypochloride feed
system; installation of a permanent sampling station; and modifications to the inlet
and outlet distribution piping to eliminate a bacteria problem. The contract is for
work not to exceed $17,500. And the money is already available. The Water Dept.
will be overseeing this work also.
Motion: To authorize the Town Manager to sign the Engineering Services
Agreement of Woodard & Curran
(Donovan-Wills) All in favor. Passes
Present were Paul Folkman and Jay Zola, developers; Water Operations Manager
Kurt Gaffney; and DPW Director Lee Azinheira
Messrs. Folkman and Zola reviewed the permitting history of Eastfield Estates.
The subdivision is located off Maple Street, directly across the street from the
Massapoag subdivision, and was approved by the Planning Board several years ago.
When they were permitting, there was a water pressure problem at Massapoag
Estates and the Planning Board required booster pumps to be put in the homes
having problems. When the subdivision was approved, there was an agreement
reached whereby they could move forward provided the Massapoag situation wasn't
degraded in any way. To prevent any further problems, they agreed to off-site
improvements, running a 12-inch water linkage to tie into a 12-inch main on Bird
Road. The 12-inch connection was built at Homefield Estates and has been turned
over to the town. They have now started the Eastfield project and are requesting
the water extension permit. Clerk Wills asked for and received assurance that this
connection would not affect the water pressure of Elyse Road residents.
Chairman McCarter noted this is a new process, instituted by the Selectmen as
Water Commissioners, because they are trying to kEep on top of large water users
and make sure we're not expanding beyond our capacity.
Mr. Folkman noted they have changed their landscaping package and are trying to
limit the lawn area. Sloping allows for chipping and mulching areas. All the water
saving devices are being installed. They believe they've met the objectives of the
water conservation program and have spent $100,000 putting the pipe in the ground
before building one house up there. Mr. Azinheira noted that in all his years, this is
the greatest requirement he's ever seen put on a developer and they've met all the
requirements. He recommended approval.
Motion: To approve the water extension as presented
(Donovan-Amoruso) All in favor. Passes
Minutes of July 5,2000
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Town Manager D'Agostino noted this is the second application we've gone through
for a water extension. He noted a checklist was to be developed for the Board to
assist them in determining that all concerns are being met. Mr. Azinheira said he
would put together a preliminary checklist for discussion purposes. Mr. D'Agostino
suggested it might also be a good idea to have a workshop session with the Planning
Board, as most of the issues we get into come from their permitting hearings. We
may want to have them develop design standards for subdivisions in the future that
meet conservation threshholds that are established by the Board of Selectmen.
Mr. Gaffney advised the Selectmen he does review all the plans at the Planning
Board level regarding water. Mr. Azinheira noted the Planning Board always has
supported staff as far as infrastucture improvements. He suggested we may want
to discuss whether we should be doing this before the subdivision gets approved by
the Planning Board. Chairman McCarter asked the staff to iron out the procedural
issues.
On another issues, Mr. Azinhera advised the Board of Selectmen that there are
questions regarding land we need for replication on the Williams Street Bridge
reconstruction project. Someone has an application before the Zoning Board of
Appeals (lAB) and has asked for his support and endorsement of the plan. He
reviewed the plan, showing the parcel of land, noting acquisition of the parcel is
desirable for wetlands replication. Plans for the Williams Street Bridge are now
100'Yo complete. Mr. Brunelle has the parcel under agreement as a housing lot,
pending approval of a Variance by the ZBA. He proposes to donate to the Town
whatever land is necessary for the wetlands replication and some additional area.
He showed a larger sheet representing a partial photocopy of a plan showing the
approximate location of the house proposed on the lot. Construction would also
depend on his getting Board of Health and ConCom approval. Mr. Azinheira noted
Mr. Brunelle has asked him to write a letter endorsing this plan because of the
potential benefit to the Town. He noted the owner is looking for $50,000 plus a
$50,000 tax benefit for the parcel. If he's successful in getting approval, we
would get the replication easement needed prior to the bridge construction. From a
financial point of view, the quickest way for the Town to get title is if he gets lBA
approval and we have Town Counsel prepare the necessary paperwork. Until we have
an agreement executed there is the potential of having to do an adverse possession,
which is time consuming.
The 11:00 p.m. meeting curfew was reached at this point.
Motion: To extend the meeting an additional 10 minutes
(Wills-Donovan) 3-2 with Selectmen Robinson and Amoruso opposed
Passes
Minutes of July 5, 2000 10
Selectman Amoruso noted local residents in the area of the Williams Street Bridge
might have a considerably different view of the situation. He stated he is not
comfortable voting in favor of this and having the DPW Director writing a letter of
support at this point without public input. Although it seems to make sense
financially, he stated he's not sure the people in the neighborhood would agree.
Also, the plan for the proposed house lot is not consistent with our Zoning By-laws.
Mr. Azinheira noted his awareness that it is a sensitive issue and pointed out that is
why he brought it to the Selectmen for discussion. The consensus of the Board of
Selectmen was for the DPW Director not to write a letter of support and to let the
Zoning Board of Appeals make their own decision based on evidence presented at
their hearing.
Town Manager D'Agostino reported on the following:
· The jury on the John Larch Case involving the Town of Mansfield today awarded
Mr. Larch $609,000. The suit was based on a decision by a prior Board not to
renew Mr. Larch's contract. We may have a financial exposure, but it may be
limited to prior wages. He is asking Mr. Keston to come to the next Selectmen's
meeting in Executive Session at 7:00 p.m. to apprise the Board of any financial
exposure the Town has relative to this award. He believes the insurance
company may appeal the verdict and we may not have any jurisdiction over that.
The jury award was announced at 2:30 p.m. this afternoon.
Selectmen's Old Business and New Business items were postponed for the evening
and will be addressed Monday night when the Selectmen meet as Light
Commissioners.
Motion: To adjourn at 11:10 P.M.
(Amoruso-Wills) All in favor Passes
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Minutes of July 5, 2000
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