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HomeMy WebLinkAboutmin brd of selectmen 05/17/00 , ,_I Board of Selectmen Minutes May 17, 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. · Warrant No. 45 in the amount of $679,313.07 Motion: To sign the warrant. (Robinson-Amoruso) All in favor. Passes. Chairman McCarter abstained on the Municipal Building Committee payroll; Selectman Robinson abstained on the School Department payroll . · Minutes of May 10, 2000 Motion: To approve and sign (Amoruso-Donovan) All in favor. Passes · Notice from Southeastern Regional Planning and Economic Development District (SRPEDD) regarding appointment of Selectmen's representative Motion: To reappoint William Ottaviani to serve from June 1, 2000 to May 31, 2001 (Wills-Amoruso) 5-0 Passes · Letter from Attorney Kathleen M. O'Donnell of Kopelman and Paige regarding confirmatory deed to confirm the grant to George Fram by the Town of Mansfield dated November 29, 1944 and recommending the deed be signed and notarized for recording Motion: To sign and record (Amoruso-Donovan) 5-0 Passes · Letter from Town Counsel Robert S. Mangiaratti regarding former Homestead Restaurant property. Attorney Mangiaratti will continue to handle the complaint of Michael O'Donnell against the Town. Minutes of May 17, 2000 · Memorandum from Town Engineer John Sullivan regarding Canoe River Sewer Project/Route 106 - Mr. Sullivan advised the Selectmen that a termination letter will be sent out through Town Counsel to the Bonding company and the Contractor by the end of the week. He noted he doesn't anticipate this will delay the project; the current delay is due to the pump station. The two-month delay will be used to work with the bonding company. Motion: To support the Town Engineer in terminating the contractor on the Route 106 project. (Robinson-Donovan) 5-0 Passes · Letter from Borderland State Park Advisory Council; applications for appointment as Mansfield representative to the Council Marianne Wills, Jeffrey Lang and David Glod were interviewed. Each applicant stated they use Borderland often and are interested in maintaining the park for the enjoyment of area residents. Mr. Glod noted trail maps are often missing. Mr. Lang suggested the trails could be marked better. Selectmen expressed pleasure in having three well qualified and interested applicants and encouraged them to maintain their interest in the Town. Nominations for Mansfield Representative to Borderland State Park Advisory Council: Selectmen Donovan nominated Marianne Wills Selectmen Robinson nominated David Glod Vote: Marianne Wills - For: Selectmen Donovan and Chairman McCarter David Glod - For: Selectmen Robinson and Amoruso Clerk Wills abstained. Chairman McCarter called for a second vote: David Glod - For: Selectman Robinson Marianne Wills - For: Chairman McCarter, Selectmen Amoruso and Donovan Marianne Wills was appointed to represent Mansfield on the Borderland Park Advisory Committee. · Water and Sewer Rates - DPW Director Lee Azinheira asked the Selectmen to approve the new water and sewer rates adopted at Town Meeting on May 15, 2000, effective that date. Selectman Robinson stated he believes it's the wrong time of year to be increasing the rates and said he would prefer to see a staggered rate. Minutes of May 17. 2000 2 Motion : To adopt the water and sewer rates approved May 15, 2000 as set forth in the inclined water and sewer rate structure as detailed in the May 18, 2000 memorandum of Lee Azinheira, effective May 15, 2000. (Wills-Amoruso) 4-1 with Selectman Robinson opposed. Passes Peter De Tro/io, 496 Elm Street - asked the Selectmen to look again at requiring vendors at the South Shore Antique Auto Foundation's annual show held at the Tweeter Center. He noted that although the organizer is a non-profit organization, the vendors are operating "for profit" and the Town is missing out on the revenue. Selectmen expressed some reservation in doing so, noting all vendors at events held on the Common by charitable organizations would also have to be licensed Mr. D'Agostino said he would have staff review the matter. Lou Andrews of Fruit Street, representing Natural Resources Trust (NR T) - noted NRT's concern about the Selectmen's signing of the Great Waves agreement. In particular, NRT believes the Selectmen's agreement to not appeal Great Waves and to support their permitting process will interfere with NRT's appeal. Selectmen explained their intent and interpretation of the agreement, noting they wlÏl not be opposing their own citizens. Bill Gerber, 362 Central Street - commended and thanked the Town Manager and DPW for the work done at the Train Station to correct the flooding problem in the parking lot. Anthony Odourd/~ 100 Highland Avenue - appealed to Selectmen to hold off on an override vote, stating he does not feel voters have enough information. Selectmen advised him the voters at Town Meeting have already approved a budget and the contingency budget passed will now be voted on a referendum ballot. Mr. Odourdi then reviewed questions he had about the budget with the Selectmen to gain a better understanding of the issues. Michael Kelly, 17 Fruit Street - advised Selectmen he had been turned down by the Zoning Board of Appeals (ZBA) on his application for a finding to construct an addition to his home. Mr. Kelly questioned the qualifications of ZBA members, showing the Selectmen photographs of his existing house and plans and elevation drawings for the proposed addition. He also noted the Planning Board had sent the ZBA a positive recommendation on the application. Selectmen explained they appoint ZBA members, but do not have any input into or control over their decisions. The appeal process was explained Minutes of May 17, 2000 3 George Dentino, Gladiola Terrace - questioned the Selectmen's interpretation of what they agreed to with Great Waves, noting their intention and understanding differ from what the agreement states. He expressed concern about legal appeals by private individuals and organizations and the effect the Selectmen's agreement would have on the process. Mr. Dentino polled the Board of Selectmen regarding each member's interpretation of the agreement. Selectmen Donovan said he thinks the agreement was terribly written and nobody except a judge is going to put a gag order on him. Other Selectmen presented their positions, noting you do not always get everything you want in negotiations and stating they do not believe the Board's position will interfere with the appeal of any citizen's group. Fire Chief Edward Sliney- spoke of the increased activity within the Fire Department with two house fires in the last few days. He commended his men for their quick response and handling of the situations. He also reported the involvement of the Fire Department in an emergency landing situation at the Mansfield Municipal Airport and spoke of other emergency activities that transpired simultaneously. Chief Sliney spoke in support of the need for an independent manpower study to determine the level of staffing required. Selectmen and the Town Manager advised him that the article to fund the study has been withdrawn from the Town Meeting Warrant, with the intent of bringing it back at the Fall Town Meeting. Chief Sliney also reported there is now a residential sharps box located at the Plymouth Street Fire Station where residents may properly dispose of hypodermic needles Monday through Friday between 8:00 a.m. and 4:00 p.m. A five-minute recess was called. Selectmen reviewed the vote of Town Meeting regarding the budget and discussed the wording of the override referendum ballot. Options of having the ballot a single question or two questions on a menu basis were considered. Motion: To put one question on the ballot as follows: "Shall the Town of Mansfield be allowed to assess an additional $1,587.144 in real estate and personal property taxes for the purpose of funding the following expenses for the fiscal year beginning July 1, 2000: $912,251 for curb side recycling and trash collection and $674,893 for the expenses of the Mansfield Public School System?" (Wills-Donovan) 4-1 with Selectman Robinson opposed. Motion: To call a Special Election on June 13, 2000,for the purpose of voting Minutes of May 17, 2000 4 on this ballot question. (Amoruso-Wills) All in favor. Passes Mr. Donovan left the meeting at this point. Frank Gay, Administrator of the Greater Attleboro- Taunton Regional Transit Authority (GATRA) and Michael Baskin, architect for the Train Station project, were present to update the Selectmen on the design of the Train Station. Mr. Baskin presented plans to provide for: · an 1,800 sq. ft. depot containing a ticket counter and waiting area, a vendor area to sell coffee, snacks and newspapers, and rest rooms. There is a possibility that dry cleaning will be able to be dropped off and there has been some discussion with one of the banks about providing an A TM machine in the depot. · The ability to accommodate 175 commuters inside, in addition to providing shelter for several hundred outside under the overhang which will cover a large portion of the platform on the train side of the building. Mr. Baskin also showed on the plan the Train Station building being situated as far north as possible without interfering with the Mansfield Avenue right-of-way and away from the existing station building so commuters can continue to use the old station throughout the construction of the new one. · Full handicapped accessibility with the use of ramps for wheelchairs and strollers · A station looking much like the town's original train station, with traditional brick siding, arched windows, and stone or split-faced concrete block at the base of the building. There will be a clerestory reminiscent of a central tower. The waiting area will have high ceilings, with lots of natural light and columns coming down to define areas. Mr. Gay noted the "preferred alternative" drawing includes the Ditchman and former Clemmey property purchased by Mr. Ditchman. He stated they are working on the value of those parcels and are still significantly apart. They plan to do the project in phases, with the first phase including the new station building and platforms on the northeast portion of the site. A meeting was held between GA TRA's counsel and the Town's counsel to get a handle on who owns what and they will be moving forward to ask the Town to consider working with them on this phase. Some parking will be eliminated during the first phase, and attempts will be made to Minutes of May 17, 2000 5 find alternate parking. Funding for the project will be provided by the Federal Government at 80 percent, with the Town and State participating at 20 percent. Mr. D'Agostino noted the Town's contribution would most likely be in the form of land and by providing various easements for the construction of the project. Mr. Gay stated he would like to begin working with Town Counsel and the Town Manager to get things moving forward by a Fall Town Meeting. Motion: To authorize the Town Manager and the staff he deems appropriate, including Town Counsel, to work with GA TRA to further this phase for the development of a new train station. (Amoruso-Wills) 4-0 with Mr. Donovan not present. Passes Town Manager D'Agostino reported the following: · He received a call from Gerard Martin of the Department of Environmental Protection (DEP) advising him that Governor Cellucci has signed a letter requesting that the Environmental Protection Agency (EPA) place the Hatheway- Patterson site on the Super Fund list for funding and cleanup. It could be $500,000 to $700,000 for the cleanup of the site. Mr. D'Agostino estimated it would be 24-48 months before the project would begin, but stated the sooner we have the redevelopment resources in place for that purpose, the better it would be for the Town. Selectman Amoruso asked if there are steps we could take in anticipation of the funding, perhaps putting some type of barrier in to keep the contamination from flowing downstream. · He arrived late for tonight's meeting because he was at the YMCA banquet where he was awarded their Red Triangle Award for commitment to the children of the area in all that we collectively do to assist in their programs for children and families. · The Town received a donation of chairs today from the Four Seasons Hotel and Conference Center on Route 1 in Norwood. The chairs are in good condition and of top quality and 185 were picked up by the DPW in a U-Haul truck and have been distributed throughout Town Hall. The donation was made possible by Mansfield resident Kevin Casey of Union Street who runs the Four Seasons. He will also keep the Town in mind to receive some conference tables when they replace theirs. Mr. D'Agostino will send a letter of thanks to Kevin Casey for thinking of the Town in making this donation. Chairman McCarter noted people Minutes of May 17, 2000 6 would be pleased to have comfortable chairs to sit in, as "the mind can only absorb what the seat can endure. " Chairman McCarter, with respect to the Town Hall air conditioner, asked where the funding comes from if the Board of Health sues the Town over use of the air conditioner. He noted he would be against funding legal fees. Mr. D'Agostino stated his intention to send the Health Agent a letter regarding the number of employees working in Town Hall some of whom have health conditions that would make it impossIble for them to work without air conditioning. He also noted the buckling of the carpets that is exacerbated by the humIdity. He will ask the Board of Health to weigh those issues against the nuisance factor. He is also considering getting an injunction to aI/ow the air conditioner to be run during normal business hours. Clerk Wills suggested that if we are within the State guidelines, he would like to have an executive session with Town Counsel as soon as possible to discuss action. Selectman Amoruso suggested meeting with the Board of Health. He pointed out there was noise from the playground when the building was used for a school. There were neighborhood complaints then, and that noise has been eliminated. He noted there is noise in other areas of town that is far more significant than the noise coming from the Town Hall air conditioner, and those residents have had no success in getting the noise reduced. Clerk Wills asked the Town Manager to call MassHighway about doing some crack filling on Route 140 through Mansfield. He also asked for an update on the Coral Street property. Mr. D'Agostino said the appraisals have come in and the property is in the process of being advertised He noted the existing building wJ'l/ need to be torn down within a stated period of time. Chairman McCarter noted when the Open Air Parking license was approved for Karl Clemmey, it was subject to a hearing on allegations by the Police Chief. Selectmen have been given all information regarding the allegations and the Chairman asked if the Board desires to go forth with a hearing. Most Selectmen did not feel a hearing is necessary and the Town Manager will talk to the Police Chief about whether a hearing is necessary. Chairman McCarter suggested the situation be monitored with respect to counting the number of cars to make sure the vote of the Board is not taken advantage of. Minutes of May 17, 2000 7 Chairman McCarter reminded the public that announcements and information relative to Town are on cable and our website. Mr. D'Agostino provided the address of the website. Motion: To adjourn at 11:03 p.m. (Wills-Amoruso) 4-0 with Mr. Donovan not present. Passes rÅ(' \;JL (}Q, Minutes of May 17, 2000 8