HomeMy WebLinkAboutmin brd of selectmen 05/24/00
Board of Selectmen
Minutes
May 24, 2000
Present:
Chairman McCarter, Clerk Wills, Selectmen Amoruso, Donovan and
Robinson
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.
Selectman Robinson spoke about the recent mobilization of local military personnel
to Kosovo for nine months, stating that in the future Reserve troops will be
mobilized for six month tours of duty. He noted the difficulties faced by families
left behind, stressing the importance of forming area family support groups during
this time.
· Warrant No. 46 in the amount of $2,850,816.75
Motion: To sign the warrant.
(Amoruso-Robinson) All in favor. Passes. Chairman McCarter abstained on
the Municipal Building Committee payroll; Selectman Robinson abstained on
the School Department payroll .
· Minutes of May 17, 2000
Motion: To approve and sign
(Amoruso-Wills) All in favor. Passes
· Reserve Fund transfer request of $13,910.70 to Town Manager Legal and Town
Manager Printing to cover labor counsel services and the printing of Town
Meeting handouts and the Annual Report.
Motion: To recommend the transfer to the Finance Committee
(Robinson-Wills) All in favor. Passes
· Letter from the Conservation Commission asking for the support and
endorsement of the acquisition of a gift of land on Bird Road to the
Conservation Commission from Serena Nardone
Motion: To accept the gift
Minutes of May 24, 2000
(Donovan-Wills) All in favor. Passes
·
Letter from Conservation Commission formally requesting Selectmen take by
eminent domain Parcel 16, Map 30 for conservation purposes pursuant to Article
29 approved at the Annual Town Meeting on May 17, 1999. Letter from Town
Counsel on the same subject attached, with Order of Taking to be signed.
Motion: To approve subject to appropriate funding
(Amoruso-Wills) All in favor. Passes
·
Memorandum from Bertram Cook, Inspector of Buildings/Zoning Enforcement
Officer, with attached letter received from MassHighway regarding the
Commercial Parking Facility license approved for 10 Reservoir Street
·
Memorandum from Ronald Webster, Fair Housing Committee Chairman,
requesting a joint meeting.
·
Memorandum from Fair Housing Committee requesting Selectmen to appoint
Michelle Powell of 54 Dean Street as an alternate member to avoid recent
quorum problems. Selectmen questioned why there were quorum problems and
suggested the Town By-laws be reviewed to see if the appointment of an
alternate member is aI/owed
·
Memor~ndum from Ronald Webster, Fair Housing Committee Chairman,
requesting Selectmen consider the Coral Street property for reuse as a single-
family affordable housing unit, with preference given to an eligible current
Mansfield resident chosen by lottery. Town Manager D'Agostino noted requests
for proposals for the property have already gone out, with bids due June 23"d.
The Town has the right to reject bIds if it is in the best interest of the Town.
He also pointed out that the Fair Housing Committee could submit a bid, noting
it is an issue of timing at this point.
·
Letter from William Gerber, Clerk of Cable Access Board of Directors,
regarding the need to return a previously relinquished channel due to expanded
programming. Selectmen, as licensing authority, were requested to advise
MediaOne of the need as soon as possible, with the channel to be returned no
more than 30 days from MediaOne's receipt of notification in accordance with
the terms of the license.
·
Letter from Conley Eagan of Elm Terrace, Trustee for ABC Trust, regarding the
donation of a parcel of land to the Town and requesting he be contacted by the
appropriate person. Town Manager D 'Agostino will contact Mr. Eagan.
Minutes of May 24, 2000
2
· Letter from Michele Orlando of 112 Pine Street requesting Selectmen consider
getting a van to provide transportation for disabled residents, in addition to the
van provided by the Council on Aging. Selectmen reviewed services available and
asked that Ms. Orlando be sent a letter explaining the services we provide.
· Letter from Frank Foss, Manager of Government Affairs for MediaOne,
regarding the delay in implementation of the new enhanced billing format.
· Letter from Michael Carey, President of Bristol Builders and Contractors,
requesting a variance from the single curb cut requirement for their new
facility at 820A Plymouth Street. A second curb cut was requested to keep the
entrance to the loading area separated from the office/visitor entrance. The
two entrances will be separated by over 200 feet and post no sight distance
problems. Selectmen asked that the request be reviewed by DPW, Police Chief,
and Planning Board
· Memorandum from Lee Azinheira, DPW Director, asking for the approval of a
minor change in the job description for the Grounds Maintenance Leadman
position. Mr. Azinheira reported carrying a pager is an issue at this point in
contract negotiations and the responsibility is being deleted from the job
description to avoid delaying the approval. He also noted the person this
individual will be reporting to will be carrying a pager. He anticipates having the
position filled in July. Selectman Robinson objected to hiring anyone without a
class B Commercial Drivers License (CDL), noting it should not be the Towns
responsIbility to provIde the indivIdual with the means to obtain it.
Motion: To accept the changes in the job description for the Grounds
Maintenance Leadman position.
(Donovan-Amoruso) 4-1 with Selectman Robinson opposed. Passes
Present from the Cable Access Board of Directors were Nancielee Boyden,
President; William Gerber, Clerk; David Minori, and Michael Healey. Mr. Minori
reviewed their approved budget for January - June 2000 and their financial report
for December 31, 1999 and 1998 prepared by Quin, Rickard & Vecchi, Certified
Public Accountants.
The Cable Access Board of Directors honored Martin Swartz with a surprise
presentation of a plaque and gift certificate for ten years of dedicated service in
providing live transmissions of the Board of Selectmen's meetings, as well as other
board and committee meetings. Selectmen also presented Martin with a certificate
honoring his ten years of service.
Minutes of May 24, 2000
3
Jay Barrows and Tricia Bolea updated the Selectmen on the plans for the combined
Downtown Business Association's sidewalk sale and Mansfield's 225th birthday party
Celebration. The event is planned for Wednesday, July 12th from 6-10 p.m. There
will be a food court, entertainment of various sorts, and a crazy hat contest.
Mansfield Women of Today will be providing a birthday cake. Assistance is needed
from the Selectmen as Road Commissioners to close North Main Street and they
will be working with the Police Department to set up blockades at Old Colony Way
and direct traffic down Rumford Avenue. They plan to ask people to park at the
Winthrop Street lot on the north end and in the Fulton Pond/South Common area on
the south end and walk to North Main Street. Their next meeting will be June 8th
at 7:00 p.m. at Barrows Insurance Agency and anyone wishing to participate in the
planning is invited to attend.
Motion: To close North Main Street from Route 106 to East/West Streets from
6:00 p.m. to 10:00 p.m. on July 12, 2000, subject to the approval of the Police
Department and with arrangements being made to allow people to get to the two
funeral homes on North Main Street if necessary.
(Amoruso-Wills) All in favor. Passes
Light Department Director Jack Beliveau introduced Mansfield Electric
Department's new electrical engineer to the Selectmen. Ann Langille is a graduate
electrical engineer with eleven years experience, having worked for the North
Attleboro Electric Department.
Consultant William LeStage of Cambridge Communications was introduced by Mr.
Beliveau. Mr. LeStage's proposal is to work on a commission basis, bringing in
companies wishing to run fiber optic cable through Mansfield. The cable would not
be serving residential users. The first project Mr. LeStage would bring to
Mansfield involves the erection of 1.8 miles of fiber optic line at a cost to the Town
of less than $10,000 for installation and $30,000 in commission. In return,
Mansfield Electric would realize a revenue stream of $50,000 annually for 20
years. Mr. LeStage explained that he is on retainer for several companies, and any
of these clients he brings to Mansfield are already paying him a commission and the
Town will not have to do so.
Selectmen asked questions regarding liability if someone pulls a line down with
resulting loss of business. Mr. LeStage said there would be an indemnity clause in
the contract to mitigate the risk and spoke about the resiliency of the fiber optic
Minutes of May 24, 2000
4
cable, noting it generally continues to transmit even when the pole gets knocked
down. Any required police details would be part of the fee for the contractor
putting up the cable.
Selectman Robinson said he is not ready to negotiate a twenty year deal because
things in the communications field change too fast. He noted he would be willing to
consider ten years. Mr. Beliveau explained this is a non-exclusive contract and
there's nothing to stop the Town from putting other wires up on the same poles.
Mr. LeStage pointed out that the companies needing the fiber optics have long
term commitments for data storage with their clients. A ten year commitment
would not be conducive to the way they do business. He also suggested that it is to
the Town's advantage to have a twenty year contract because if the rate decreases
with more competition or the Department of Telecommunications and Energy (DTE),
establishes a fixed price for municipalities and investor-owned utilities, we would
be locked in for a longer term at the higher rate for those contracts already
entered into.
Mr. Beliveau said they are looking for authorization to go forward with the
contract. They will have the right of refusal on any contracts that come before
them. He also noted there is nothing to stop MediaOne from doing this, and the
Town would receive nothing.
Motion: To enter into a twenty year agreement with a 3 percent commission paid
over a specified time to the consultant on any contract he brings in on which he is
not already being paid a commission by the company putting in the fiber optics,
contingent upon Town Counsel review and approval.
(Wills-Donovan) 4-1 with Selectman Robinson opposed. Passes
Karl Clemmey of 750 South Main Street -
· He thought Town Meeting was a disgrace; business should not be conducted
after 11:00 p.m. with so few voters left to make important decisions. He also
said he hoped the Town would carry through on its promise of the Board of
Selectmen, the Industrial Development Commission, and the Planning Board
meeting together to determine proper zoning amendments for industrial land.
· Noted the Slam Fest was held at the Tweeter Center this past weekend and he
believes the Tweeter Center should have to abide by the same rules as everyone
else in town does. He believes they should be required to get a license to
conduct such events.
Minutes of May 24, 2000
5
· Reported papers were recently passed for the sale of the Tweeter Center for
$22 million. They are assessed by the Town of Mansfield at only $7,096,700
when we have 100'Yo assessment and thinks this should be looked into.
Andres Gazzolo, Finance Committee Chairman -
· Would like to continue with the budget task force and needs help to set up
meetings on an on-going basis every 10-15 days.
· Would like to continue with the five year projections and would like to work with
the School Committee and Town Manager to have a portion of performance
reviews reflect how well budgets are managed.
Mr. D'Agostino noted there are certain issues within the budget that are
uncontrollable and those would need to be extrapolated from the performance
review. He cited Chapter 70 assessments from the State, charter schools, and
regional schools, as well as rising health insurance premiums as items over which the
Town has little control. Mr. Gazzolo agreed, but identified the use of resources in
obtaining grants and additional revenue as a standard to be included in performance
evaluation.
Karl Clemmey - asked Selectmen to write again to Norton about a combined effort
to get the ramps at Route 495/South Main Street. Mr. D'Agostino advised him the
project is on the Transportation Improvement Plan and he will check on its status.
Town Manager D'Agostino reported the following:
· He received a call from Mark Smith of the Water Resources Commission who
would like Mansfield to meet with their staff and the consultants from Foxboro
to discuss the model for the Interbasin Transfer Act. He will be going to
Boston with staff for a one o'clock meeting tomorrow to try to convince Foxboro
that our model is an agreeable model and that it has changed based only on the
requests made by the Water Resources Commission. They will attempt to
convince Foxboro to support Mansfield's model because it gives them an
identifiable model they can work with for their research. Tomorrow's meeting
is in preparation for the June 8th meeting at which we expect to get a decision.
Selectmen Amoruso, Donovan and McCarter will also be attending the meeting.
· He will be out of the office from June ¡st through June 4th at the Spring
Manager's Conference to be held in Edgartown, MA.
Minutes of May 24, 2000
6
· A meeting has been scheduled for tomorrow morning with two Licensed Site
Professionals (LSP) for the selection process on the Hercules dumpsite. The
Department of Environmental Protection (DEP) requires a LSP to assist the
Town in capping and closing the site. The Town has received some cooperation
from Hercules and the possibility of mining the contamination from the site is
also being explored. Mining the contamination from the 1 t acre site will
eliminate the need to monitor the site for 30 years. Mining could be done by a
developer in exchange for the right to build a number of houses on the balance
of the Hercules property. A request for proposals could be structured whereby
the developer, in exchange for the rights to a minimal number of house lots,
would turn some open space land back to the Town for conservation purposes.
The entire parcel contains approximately 30 acres and consideration must also
be given to the impact of added houses.
· He will be attending the Massachusetts Wholesale Electric Company (MWEC)
dinner Thursday night in Boylston with Selectmen Donovan and Wills. The
speaker will be from the "Big Dig."
· Two trees are scheduled to be removed from the Middle Common and replaced
with flowering trees. He does not know if all work will be completed in time for
the Memorial Day festivities on Monday at 10:00 a.m. Selectman Robinson asked
that the use of the High School gymnasium in the event of rain be confirmed
with the School Department, noting he is not sure of the status of the
construction taking place there.
· The Light Commission voted to spend money to have engineering plans prepared
by Bell Atlantic for burying the telephone wires in the downtown. The plans,
which would enable us to proceed with the work and plant flowering trees on
both sides of the street, have not yet been received.
Motion: To authorize the Chairman of the Light Commissioners and the
Chairman of the Board of Selectmen to send a letter to Bell Atlantic expressing
their dismay and bewilderment and noting the Selectmen/Light Commissioners
will not vote for anything they ask for in Mansfield until the plans are provided.
(Amoruso-Wills) All in favor. Passes
· A subcommittee meeting is scheduled for Tuesday, May 30th at 7:30 p.m. to
review his contract. He will be attending the Municipal Building Committee's
kick-off meeting for the start of the Fire Station at Route 106 and will be going
between the two meetings for awhile.
· He is scheduled to take his final procurement class June 27th through June
29th. Once he completes the course of study, he will be certified in
Minutes of May 24, 2000
7
Procurement through the Inspector General's Office.
granted to Lee Azinheira, Mike Ahern, Betty Amicone,
Sliney.
Certification will be
Sea Kearney and Ed
· He is planning to be on vacation for two weeks from Saturday, June 22nd to
Saturday, August 5th and will be naming an Acting Town Manager to cover in his
absence.
· The Coral Street bid openings are scheduled for June 23rd.
· Light Commissioners will be meeting June 5th at 7:30 p.m.
· The override ballot question is scheduled to be voted on Tuesday, June 13th
Selectmen Amoruso suggested some education on the ballot question needs to
be done, as people are confused as to what the end result of a vote pro or con
would be.
Selectman Donovan reported he's had calls from people about tractor trailer trucks
leaving Norton going down Fruit Street. He noted there are many children in this
residential area and suggested petitioning MassHighway about "No Thru Trucking"
signs.
Chairman McCarter noted the need for scheduling purposes to determine a summer
meeting schedule if the Board desires to do so. Following discussion, the schedule
was tentatively set at:
· June - every week
· July - meet the 5th and 19th
· August - meet the 9t\ 23rd, and 30th
Clerk Wills:
· asked about painting the I-beams beneath the railroad bridge on Route 106. Mr.
D'Agostino stated he has sent three letters to the MBTA asked them to paint
them and had a commitment from them to do so.
· Reported he saw MassHighway around the traffic lights, but did not see them
doing any crack filling. Mr. D'Agostino saId he spoke with Lee Azinheira about
the crack filling and he may have sent them a letter. He w/ÏI check on it.
Minutes of May 24,2000
8
Selectman Amoruso brought up the receipt of a letter from an individual who owns
a condo in Mansfield saying the condo association has to contract for a dumpster
because the Town does not collect their trash. The individual's point was they
should not have to pay additional fees for trash collection when they are already
paying for it to be collected privately. Mr. DAgostino said we pick up trash for
small businesses and resIdential property of one to three units in size. Selectman
Amoruso pointed out that this is different from an apartment complex, as condos
are owned individually by taxpayers. Mr. D'Agostino noted the decision not to
provide trash col/ection for condominium complexes was made by a previous Board
and they may revisit the issue if they wish to do so.
Selectman Robinson:
· Reported seeing school busses running up on where the grass should be at the
High School driveway and there's no reason the rear wheels should be going up
on the grass. He also saw a bus backing up at the High School without a guide,
and it takes two people to back up a bus. There is also a flag flying at night
without lights on it and he finds it disturbing that people are going off to war to
defend our country and the school is not taking care of the American flag. He
questioned where the respect and pride are, noting he realizes there's nothing
we can do about the situation because it's the School Department, but he
wanted to bring it to everyone's attention.
· Asked how many automobiles are being taken home by Town employees, noting
he thinks they should receive a 1099 each year for the use of the car. He noted
that when he has to travel on business for the military, he uses his own car to
drive up to Ft. Devens to sign a car out of the motor pool and doesn't think
taxpayers should be paying for cars used to travel between home and work. It
was noted there are contractural agreements that require the use of a car.
There are also some employees on-call to provIde emergency services to the
Town and it's desirable for them to have a car equipped for two-way
communication so they have immediate contact to assist in handling the
emergency whIle getting to the site.
Motion: To form a car pool for employees requiring a car to conduct business,
with the exception of the Fire Chief, Police Chief and Town Manager.
(Robinson-Wills)
Upon further discussion, Clerk WlÏls withdrew his second to the motion.
Selectman Donovan then seconded the motion to put it back on the table.
(Robinson-Donovan) 2-3 with Donovan and Robinson in favor;
Amoruso,Wills and McCarter opposed. Fails
Minutes of May 24, 2000
9
Chairman McCarter:
· thanked all those who stayed to the end of Town Meeting to complete the
business needing to be done.
· Stated he does not want to see the Town spending any more money on
lawyers fighting the Tweeter Center parking lot. He noted the Zoning Board
of Appeals has issued a Special Permit for the expanded parking and knows
there has been some discussion about appealing the ZBA's decision. Mr.
D'Agostino advised him he may want to rethink his position, noting we are not
saying they should not get their permit, but only that they abide by the
same regulations everyone else must abide by. He noted that they need to
obtain a Planning Board Special Permit and the process was circumvented by
appealing the Building Inspector's Decision to the Zoning Board and their
vote to overturn that decision.
Motion: To adjourn at 11:03 p.m.
(Donovan-Wills) All in favor. Passes
Minutes of May 24,2000
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