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HomeMy WebLinkAboutmin brd of selectmen 07/05/00 Present: Rt.Ct\~t.O \CE ''''OWN CLERKS Orç Board of Selectmen \ 9: 56 Minutes 00 JUL 2 \ ~" July 5, 2000 ì"tANSf\ELD M~SSÅCHUSE11S 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 2 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 Minutes of July 5, 2000 3 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 4 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 Minutes of July 5, 2000 5 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. Minutes of July 5, 2000 6 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 7 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 8 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 9 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 J ~ .~J </l 2 YVJJ \, ,....., \" ) Dat. of Aþproval Minutes of July 5, 2000 11