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HomeMy WebLinkAboutmin brd of selectmen 06/14/00 Board of Selectmen Minutes June 14, 2000 Present: Chairman David W. McCarter; Clerk Bradford E. Wills; Selectmen 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. · Warrant No. 49 in the amount of $1,355,406.45 Motion: To sign the warrant. (Amoruso-Wills) All in favor. Passes with Chairman McCarter abstaining from Municipal Building Committee payroll · Minutes of June 7,2000 Motion: To approve as revised (Wills-Amoruso) All in favor. Passes · Request for Block Party - to close 11-19 Riveredge Road (off Ware Street) on Saturday, June 17th, from 3:00 p.m. to 9:00 p.m. - Police and Fire Chiefs have reviewed and approved the request, provided there is proper signage and access remains open for emergency vehicles Motion: To approve, subject to the conditions of the Police and Fire Departments (Amoruso-Wills) All in favor. Passes · Drainlayers License for Cenedella Excavating, 61 Duval Road, Sutton, MA with recommendation for approval from the Town Engineer Motion : To approve (Amoruso-Wills) All in favor. Passes Correspondence Memorandum from John Sullivan, Town Engineer, regarding application for sewer extension on Thornton Road - public hearing is not required because all Minutes of June 14, 2000 six residents affected have agreed to participate, but approval of Selectmen as Water and Sewer Commissioners is needed. Motion: To approve the sewer extension on Thornton Road as recommended by the Town Engineer (Amoruso-Wills) All in favor. Passes · E-mail from Bill August regarding the need to initiate MediaOne license renewal process - Town Manager noted the need to establish a committee. Selectman Amoruso recalled that the last time the license was negotiated, a separate committee was set up for that purpose and reported back to the Selectmen. Following discussion it was decided to form an ad-hoc committee comprised of three to five citizens-at-Iarge, a representative of the Board of Selectmen, and a representative of the Cable Advisory Committee. All Boards and Committee will be notified, and the opportunity will be advertised on the Cable Government Channel, with those interested being invited to apply at the Town Clerk's office. · Printout from Town Accountant Bea Kearney for Great Waves legal fees - The printout showed that $14,591.67 has been paId to Volterra, Goldberg, Mangiaratti & Jacobs,' $48,463.07 to others, including Woodard & Curran; Howard Stein Hudson; Rackermman, Sawyer & Brewster; and Weston & Sampson for site plan review & conservation matters · Letter from Bruce Montgomery requesting a 10:15 start time for Ozzfest 2000 on Sunday morning, July 30th. (Their Sunday entertainment license covers entertainment starting at 1:00 p.m. Approval would also be required from the Commissioner of Public Safety.) Police Chief has no objections, but hopes it will be a rare exception and w/ÏI not become the rule. Fire Chief requests ambulance arrival time be adjusted to one hour prior to start time and the detail to consist of four Firefighter/EM Ts starting at 9:15 a.m. Bruce Montgomery was present to explain request. He stated it is a two day festival with an announced starting time of 1 p.m. both days. The main stage will start at 1 p.m. both days and this request is for the secondary stage that comes in with this tour. Motion: To approve the 10:15 a.m. starting time for Ozzfest 2000 on Sunday, July 30th (Donovan- Wills) Selectman Amoruso said he would like to work out some compromise, noting the last request we had for a Sunday morning was a Little League Parade and it was a problem. He suggested 11:30 a.m. or 12 noon would be more reasonable. Discussion followed as to the difference of the circumstances, with Selectman Donovan noting this event would not be out on the streets, but rather in a confined area. Selectman Amoruso recalled the complaint was that people are Minutes of June 14, 2000 2 being made to choose between attending church or an event. The tickets indicate the doors open at 10:00 a.m. Mr. Montgomery stated he doesn't expect there to be many people for the early portion of the show, noting there wI'll just be bands that are getting exposure. Selectman Amoruso pointed out there are resIdents living next door in the trailer park and suggested a later start would be more reasonable. Clerk W/Ï/s noted he forgot about the trailer park and amended the motion. Amendment to the Motion: To allow an 11:00 a.m. start time for one time only. (Wills-Donovan) 2-2 with Wills and Donovan in favor; McCarter and Amoruso opposed Fails Motion: To approve a start time of 11:30 a.m. for this day only. (Amoruso-Wills) All in favor. Passes · Letter from Back Bay Coach providing notification they will be carrying passengers for hire through Mansfield on Interstates 95 and 495 · Proclamation for Rolf C. Hagen (USA) Corp. commemorating their 25th anniversary Motion: To sign the proclamation for presentation at their anniversary event on June 23rd. (Amoruso-Wills) All in favor. Passes George Dentino, Gladiola Terrace - noted his displeasure with the conduct displayed at the Selectmen's meeting the previous week. He chided the Board, noting their need to work together to solve the problems facing the Town and suggesting it is not in the Town's interest to have an angered or divided Board. He addressed two issues of concern to him - the Selectmen's decision not to allow an appeal of the Zoning Board's decision on the Tweeter Center parking expansion and the risk he believes Selectman Donovan is exposing the Town to with his comments about the Great Waves agreement. Discussion followed between Mr. Dentino and Selectman Donovan regarding the possible ramifications of speaking against the agreement approved by the Selectmen, even though he is doing so as a private citizen. Michael Padula of Ed Pariseau Realty - announced they would be sponsoring a Dunk Tank booth at the July 12th Downtown Business Sidewalk Sale/Mansfield 225th birthday party event. He noted the booth would be to raise money for the Food Pantry and Parade Fund and asked the Selectmen to volunteer to be dunked. A phone line will be established at the real estate office for people to call in bids to dunk the Selectmen. Several Selectmen and the Town Manager volunteered to Minutes of June 14, 2000 3 participate, with others offering to do so if they can work their schedules around it. The Selectmen also suggested the School Committee be asked to participate. Selectman Donovan, questioned why last week's discussion regarding Town Counsel fees could not be held in Executive Session, noting his copy of the Open Meeting Law allows Executive Session to discuss non-union negotiations and strategy. Discussion followed as to what is allowed in Executive Session, with Chairman McCarter noting the motion as made by Mr. Donovan did not state a purpose that is allowable by the Open Meeting Law. It was also noted that Attorney Mangiaratti, the subject of the discussion, also requested the discussion, if it were to involve him, be held in open session. Selectman Donovan then discussed the amount of money the Town is spending on legal fees, noting his belief that we could save money by hiring a paralegal. His main concern centered on the time being charged for telephone calls, noting the contract says opinions shall be given in writing. Various explanations, suggestions and solutions were offered and discussed. Motion: Make sure legal service requests get filled .:>ut and put in a binder for the review of the Selectmen. (Wills-no second) It was noted legal service requests are filled out and filed; however, not for every phone call that's made. Town Manager D'Agostino explained that a request is made to seek a legal opinion on a particular matter, and there may be several phone calls to get answers on specific questions over an extended period of time. He noted the need to keep legal costs down is important, but has to be balanced against the cost involved when we don't get the necessary information, end up in Court, and lose the case. Mr. D'Agostino noted he and Town Counsel have talked about setting up office hours at specific times when staff can come in and get the opinions they need. He noted the opinions should go into a separate "confidential" folder if they involve litigation. Chairman McCarter pointed out that according to our operating procedures, Selectmen seeking opinions from Town Counsel are supposed to go through the Chair. DPW Director Lee Azinheira and consultants from Woodard & Curran were present to deliver "well" deserved good news. Representing Woodard & Curran were Dan Garson, Senior VP, project manager on the permitting project, and Bob Chapell, who also worked on the project. Chairman McCarter noted he had the pleasure of being at the Water Resource Commission meeting last week when the decision was rendered. He spoke of the process being uncharted territory and commended Woodard and Curran for their Minutes of June 14, 2000 4 help and guidance throughout the permitting process. Mr. Garson elaborated on the type of permit Mansfield was seeking and the process involved in gaining approval from the twelve member Water Resource Commission, comprised of heads of state agencies, environmental groups, and the public at large. He noted Mansfield's application for a withdrawal permit for the new Morrison Well was complicated by the fact that water would be drawn from one basin and discharged in Norton at the treatment plant, crossing two water sheds and a town boundary. This triggered the permit falling under the Interbasin Transfer Act. Mr. Garson and Mr. Chappel noted there are few precedents in this process, making the outcome unpredictable. He announced the approval of the Commission on June 8th, the vote being 10-2 in favor of the permit, with written approval to be issued in thirty days. The balance of the process will be through the Department of Environmental Protection and the consultants expressed optimism that the work would be completed in the next couple of months to complete the design and go forward with the construction next construction season. Once the well is on-line, which is anticipated for to be late summer of next year, Mansfield will have greater flexibility in pumping water and the well will provide water of a higher quality. Discussion followed as to increased costs of permitting as a result of the Interbasin Transfer Act and the 34 pages of conditions attached to the permit. Also discussed was the need to continue the search for potential sources of water, the use of reclaimed water, and the recharging of aquifers. Selectmen thanked Town staff and Woodard & Curran for all the work they did in getting through the process successfully. Town Manager D'Agostino reported on the following: · The Fire Chief has set aside Saturday, June 24th, for the 10:00 a.m. dedication of the Plymouth Street Fire Station to Cyril Bellavance. Discussion followed regarding a conflict with the Youth Soccer Field dedication. Selectman Amoruso said he would be happy to represent the Board of Selectmen at both dedications, but is not sure at the moment what his famlÏy's schedule is that date. The two events are in conflict with each other and there will need to be a time adjustment. Town Manager D 'Agostino wI'll talk to the Fire Chief about it. · Friday, June 16, 2000, between 10:30 and 11:00 a.m., the Hockomock YMCA will be holding a press conference to announce an exciting collaborative event. Additional information has been put in the Selectmen's reading folder. Minutes of June 14, 2000 5 · He has entered the realm of bureaucratic minutia with regard to the painting of the railroad bridge over Route 106 due to the MBT A's current budget situation. He will send another letter asking them to paint the bridge because we are moving forward with a new train station. · Foxboro and Norton Water and Sewer Commissioners are meeting this week and will be getting back to us with available dates for a regional quarterly meeting. Selectman Amoruso said he would like to encourage recycling, noting the Town has the power to assess a $50 fine. He noted we should make this a priority in order to keep the trash collection costs in line and stated he would also like the Town to be very circumspect with respect to our expenditures, making sure we adhere to the projections for the next five years. Town Manager D'Agostino saId both he and Superintendent John Moretti have made that commitment publicly and w/ÏI be working hard in that direction. He noted townspeople are working hard to maintain the quality of life in this Town and he, as Town Manager, cannot support another override in the foreseeable future. Chairman McCarter noted we have an obligation to those who voted for the overrIde to spend the money wisely. Chairman McCarter stated his awareness of concern expressed regarding the wording of the ballot question. He said that if the ballot had contained two questions and one had failed to gain approval, people would still have ended up with a separate trash fee and would have been paying more. He noted nobody wanted an override, but the consensus was that it was the appropriate thing to do and the people have spoken. Town Manager D'Agostino pointed out that something would have been sacrificed-either trash collection, or Fire, Police and DPW personnel. The only way to protect trash collection in the Town budget and st/Ï/ be able to have the tax deduction was to have only one question on the ballot. Selectman Donovan · thanked all those who got out to vote. · asked the Town Manager to contact the Housing Authority to see if they would collect recylables at their properties on Mondays and bring it to the Recycling Center. · asked the Town Manager to check with the School Department to see what happened to the barrier that went from East Street to the door of the school. He said he had a complaint from someone who used to be able to walk his dog he while they watched the kids play. Town Manager D'Agostino stated the area was eliminated because more parking was necessary in order for the Building Minutes of June 14, 2000 6 Inspector to issue an occupancy permit. He suggested we could look at our conservation land and set up a public trail for people to walk. Clerk Wills asked · where our prisoner transport vehicle is, noting it was rejected three times because the work wasn't done properly. Town Manager D'Agostino advised him it was redone and is in use. · if the Town has received a response from MassHighway regarding Route 140. (No, we have not.) · about the status of pulling the bond on the Route 106 project. Town Manager D 'Agostino reported we are in litigation with the bonding authority counsel. The Town would /¡ke the bonding company to finish the project rather than pulling the bond and doing the work ourselves. Town Counsel and the Town Engineer are handling this. · the status of the Ditchman lot. Town Manager D'Agostino replied that he is very disappointed in the progress made and has asked Bert Cook to make a finding and report to the Board shortly with a recommendation to close the lot. Selectman Donovan asked when the grates will be put in on Park Street. (They will be started this week and should be done by the middle of next week) Clerk Wills noted there is another local scout working on an Eagle project and he asked if the Board would be willing to turn the time capsule project over to him as his project. Chairman McCarter asked if Scott Wagner is still willing to purchase the time capsule. Town Manager D'Agostino indicated he is and the Town could work that into our plan if this particular Scout wants to take on the project. He noted we would st/Ï/ want to involve the Historical Society, DAR, and Mansfield Women of Today however. Clerk Wills said he would call the Eagle Scout candidate and put him in touch with the Town Manager. Chairman McCarter · noted the Town did pass a by-law in 1989 regarding mandatory recycling and there is a $50 fine for not separating out glass, cans, papers, etc. He pointed out that now with trash collection still a part of the budget, the only way to get the cost under control is to have a better record in recycling. Selectman Donovan asked who keeps tabs on how much the Town is recycling. (The State does) He also reminded resIdents that bins may be picked up at the DPW Office on the second floor of Town Hall. Minutes of June 14, 2000 7 · suggested the Policy and Procedures Manual should be reviewed to see if everything is up to date. Town Manager D'Agostino said he would bring it forward at Monday morning's staff meeting. · Asked that the last year's minutes be summarized and a year-end review be prepared Planning Board members Bernie Dolan, Scott Frank and Tom McShane came up to the Selectmen's meeting at the conclusion of the Planning Board's meeting. Mr. Dolan asked to address the Selectmen. He spoke of the Selectmen's vote the previous week whereby they voted not to give the Planning Board money to appeal the Zoning Board's decision. He noted his concern that during that discussion, the public did not get all the information and said he wanted to review the sequence of events. Mr. Dolan pointed out that when the Tweeter Center came for more parking spaces, the Town Counsel, Building Inspector and Planning Director all reviewed the proposal and gave it a negative recommendation. He further noted that the Planning Board has two attorneys as members, and they also concurred with Town Counsel's opinion. Mr. Dolan advised the Selectmen that no decision has yet been filed by the Zoning Board and there's not yet been any vote of the Planning Board to appeal the decision. He stated the Selectmen's vote not to allow an appeal was premature. Mr. Dolan pointed out that it's not just 130 spaces that the Tweeter Center plans to add. They have stated that this is Phase 1 of the expansion, with the total expansion to include 600 spaces. Discussion followed, with Selectmen explaining their position on legal expenses and their belief that there is some other way for this problem to be solved without Town boards suing each other. Scott Frank noted there is not a need to amend the Zoning By-Law to solve the problem, pointing out that the By-Law is clear and Town Counsel was right in his opinion that the proposal is an expansion of a pre-existing, non-conforming use and a Special Permit for the further expansion is required. He further noted it is an expansion of the use because Tweeter Center is including in the proposal land they did not own at the time their pre-existing use became non-conforming. Further discussion involved the Selectmen's vote of the previous week to reconsider the motion not to provide funds for an appeal - a vote that failed, resulting in the Board's inability to act further on the matter. Various suggestions were made regarding possible solutions to the problem without consensus being reached. Minutes of June 14, 2000 8 Motion: To adjourn at 10:15 p.m. (Wills-Donovan) All in favor. Passes Minutes of June 14, 2000 9