HomeMy WebLinkAboutmin brd of selectmen 04/12/00
Board of Selectmen
Minutes
April 12, 2000
Present:
Chairman McCarter, Clerk Wills and Selectman 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. 40 in the amount of $2,391,751.63
Motion: To sign the warrant.
(Wills-Donovan) All in favor. Passes. Chairman McCarter abstained on the
Municipal Building Committee payroll.
· Tree Cutting/Trimming Policy as reviewed at the April Light Commissioners
Meeting
Motion : To approve
(Wills-Donovan) All in favor. Passes
· Banner/Sign Hanging Policy as reviewed at the April Light Commissioners
Meeting
Motion: To approve and attach a copy of the Fee Waiver Policy to this policy
for reference purposes
(Wills-Donovan) All in favor. Passes
· Request of Time Out! Productions for permission to hold the bike portion of the
Massachusetts Triathlon that will pass through Mansfield on Sunday, August 6th.
Chief O'Neill has reviewed and approved the request.
Motion: To approve the request with Lt. Figueredo being the contact person in
the Police Department.
(Wills-Donovan) All in favor. Passes
· Request for Reserve Fund Transfer of $1,2000 to Public Building/Special
Projects for the removal of oil tanks discovered during the cleanup of the
former Homestead property off Plain Street. The cost of the cleanup will be
added to the lien placed against the property.
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Motion: To approve the transfer
(Donovan-Wills) All in favor. Passes
· Minutes of April 5, 2000
Since Clerk Wills was not present at the April 5th meeting and would not be
voting, Chairman McCarter passed the gavel to Clerk Wills
Motion : To approve
(Donovan-McCarter) 2-0-1 with Donovan and McCarter In favor, Wills
abstaining. Passes
· Letter from Attorney Mangiaratti with attachments requesting the Town retain
Special Counsel for a legal matter regarding land off Maple Street. Attorney
Mangiaratti has a conflict of interest in the matter and cannot represent the
Town. Town Manager D'Agostino advised the Selectmen that the information
and request to act as Special Counsel has been forwarded to Joel Bard of
Kopelmen & Paige who has represented the Town as Special Counsel in other
matters.
· Letter from Christopher Paquin regarding water connection fees for work to be
done at 885 School Street, with the recommendation of Kurt Gaffney attached.
Selectman Donovan noted Mr. Paquin was present last week and asked if he had
been notified the request would be acted on tonight. Mr. Paquin had not been
notified because the recommendation was received late in the afternoon today
Selectmen were supportive of Mr. Gaffney's recommendation and asked that it
be sent to Mr. Paquin, advising him to contact the Selectmen's Secretary if he
still needs to come in and discuss the request.
· Letter from Southeastern Regional Planning and Economic Development District
regarding the need to appoint a representative to the Joint Transportation
Planning Group for a term commencing May 15, 2000 through May 31, 2001.
Motion: To reappoint DPW Director Lee Azinheira as the Town's
representative.
(Wills-Donovan) All in favor. Passes
· Memorandum from Tom French, Planning Board Chairman, regarding the
Selectmen's request for comment on Mr. Clemmey's suggestion for off-site
directional signs in the Industrial Park. The Planning Board asked for
clarification of whether Mr. Clemmey is referring to directional signs at the
intersection of Forbes Boulevard and West Street, or throughout the Park.
Minutes of April 12, 2000
2
Selectmen asked that a letter be sent to Mr. Clemmey requesting he contact
the Planning Board directly on this matter.
· Letter from Cheryl Erlandson of Sadies Way regarding her concerns about
getting streets in Tara Estates and Alchemist Court completed and accepted as
public ways. A letter of response from Shaun Burke, Director of Planning and
Development was also received.
Selectmen asked if these streets were on the Town Meeting Warrant. Town
Manager D'Agostino advised them the only additional street acceptance
received for inclusion on the Special Town Meeting Warrant was Kelli Lane. He
also noted it is his understanding the Planning Board has scheduled a default
hearing for Tara Estates and Alchemist Court and expect to be taking the
balance of the developers surety to complete the work and get the streets
accepted at the Fall Special Town Meeting.
· Letter from Eugene Boyle granting an extension of the deadline to issue a
building permit for Great Waves to April 21, 2000.
· Letter from Stephen Barker of Victoria Lane stating his opposition to the Great
Waves citizen petition and thanking the Selectmen for their position.
· Letter from Cynthia Ostrowski regarding a parking ticket.
Ms. Ostrowski was in the audience and was advised the Selectmen have no
authority to waive parking tickets. She was further advised that if she is not
satisfied with the decision of the Parking Clerk, the matter can be appealed to
District Court.
· Letter from the Department of Telecommunications and Energy, Cable
Television Division, in response to Selectmen's letter of January 13th.
· Letter from MassHighway with a report on the inspection of the Maple
Street/Canoe River Bridge. Copy to be forwarded to DPW Director Lee
Azinheira
· Letter from Jewell Street residents regarding an illegal junkyard on Jewell
Street. Letter forwarded to the Building Inspector, Conservation Agent and
Police Chief for response.
· Invitation from Attleboro District Court Bar Association to attend Law Day
Exercises at the Attleboro District Court on Monday, May ¡st at 10:00 a.m.
Minutes of April 12, 2000
3
Motion: To close the Special Town Meeting Warrant
(Donovan-Wills) All in favor. Passes
Leonard Flynn of 102 Jewell Street, representing the Natural Resources Trust
(NRT) - reported submitting a petition for the Special Town Meeting Warrant to
direct the Board of Selectmen not to approve any agreement with Great Waves
developers, and to pursue any legal or administrative methods available to prevent
Great Waves Water Park construction. He noted they obtained 675 signatures on
the petition and people are concerned about the project's impact on the town.
Christine Flass of 115 Rumford A venue stated her concerns about the water park's
future expansion and her belief the Town's signing of an agreement will compromise
people's ability to file a suit with any success.
Peter De Tro/io of Elm Street noted the Town overwhelmingly supported the vote to
appeal. He also stated the benefit of providing employment for 150 Mansfield
youths is not valid when businesses throughout town are already looking for help
and jobs are going unfilled.
Robert Goldman, VanGemert Drive asked the Selectmen if they would like to live
next to an amusement park. He spoke of the number of people Great Waves would
bring into Mansfield each day throughout the season-clogging our roads with
traffic and producing litter throughout town. He further stated the $2.8 million
spread out over many years is insignificant and he would rather pay higher taxes
and not have Great Waves come to Mansfield.
Michael McClanahan, developer of South Meadow Estates, and Kurt Gaffney, Water
Operations Manager, were present to discuss the request for the water extension
under the Selectmen's newly adopted policy as Water Commissioners. Based on the
recommendation of Mr. Gaffney, the water main will be looped into the subdivision
to provide service to the eight new homes and will come back to South Main Street.
This will result in better water quality. Water saving devices will be used in the
homes, and the amount of grass is being kept to a minimum to further conserve
water. Mr. Gaffney recommended the Selectmen approve the water extension as
Water Commissioners.
Motion: To approve the water extension.
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(Wills-Donovan) All in favor. Passes
Water Operations Manager Kurt Gaffney updated Selectmen on the cost of
permitting the Morrison Well and to discuss the upcoming meeting with the Water
Resource Commission. He noted the cost established for permitting the well was
done under a different set of regulations. He reported the cost of permitting with
the additional items required under the Interbasin Transfer Act is greatly
increased and needs to be discussed with the consultant to be sure the increased
cost is included in any future rates the Water Commissioners vote on. The
additional costs associated with the permitting will be taken from the Water
Enterprise Account and will not affect the tax rate.
Selectmen asked Mr. Gaffney if he has any projections on water restrictions this
year. He stated watering will probably be allowed only between 6-9 a.m. and p.m.
starting June ¡st. He also expects that wading pools and sprinklers for the use of
young children may also be allowed.
Bill Flannery, Mansfield's representative on the Southeastern Regional School
District School Committee, and James Hager, School District Superintendent, were
present to discuss the Southeastern Regional School budget. Mansfield currently
has 82 students attending Southeastern Regional with a budget assessment of
$410,249 this year. Superintendent Hager reviewed the way the assessment is
determined, noting both Mansfield and Stoughton were hit particularly hard this
year. He also pointed out that in some years, Mansfield's assessment has been low.
He reviewed and explained the difference in the way the assessment is calculated
since the passage of the Education Reform Act.
Town Manager D'Agostino explained the problem in planning the Town's budget each
year when we don't receive their budget figures until late in the process. He noted
we are only required to pay the minimum amount under Education Reform, which
would be $348,293-but we would need a majority vote from the rest of the
participating communities to be able to do so. He explained the difficulty of being
hit with $410,000 to come up with, plus $191,000 this year for the Charter schools,
plus a 2001 budget amount of $398,000-all of which has to come out of his
budget, and he just doesn't have it. He questioned what the additional assessment
is funding.
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Superintendent Hager stated the additional expenses are because the foundation
budget is not sufficient to run the school. Clerk Wills noted it is costing Mansfield
almost $9,000 per student at Southeastern Regional. Town Manager D'Agostino
noted Mansfield's assessment has increased 45.71'10 and suggested there should be
some type of early warning when an increase of more than lOio is anticipated. He
advised Superintendent Hager that with a 2 t'1o cap and school districts raising
their budgets by far more than that, it eclipses the Town's ability to fund the
budget.
Selectmen asked the Town Manager to write a letter to our State Representatives
on behalf of the Town regarding Chapter 70 Funding Formulas.
Farmers Beth and Don Flint were present to discuss plans for the upcoming
Farmers' Market to be held in the Downtown Public Parking Lot. Mrs. Flint said the
market has been sponsored for the last two years by the Downtown Business
Association and they would like to go out on their own this year, continuing to use
the Downtown Public Parking Lot. The same farmers would be participating, but
they proposed some changes to the Agreement approved by Selectmen in 1998.
The dates and hours of operation would now be every Thursday afternoon from
2:00 - 6:00 p.m. during the months of July - October. Previously they were
operating twice a week, but the farmers are too busy with their farms on weekends
to continue participating in the Saturday markets. Registration would also change.
The prior $lO/market fee went into a fund used for advertising. They proposed
under the 2000 Rules a $150 fee to cover attendance on Thursday for 15 weeks,
with the fee being used solely for advertising costs and things needed for the
market. The wording in the "Quality" section of the rules was also pared down to
reflect to grading procedures used of the farmers.
Motion: To approve the Mansfield Farmers' Market General Rules - 2000.
(Donovan-Wills) All in favor. Passes
Town Counsel Robert Mangiaratti and Town Engineer John Sullivan updated the
Selectmen on the status of efforts with Cougler Construction on the Route 106
project. They reported experiencing a lack of progress with the contractor and
difficulty getting him to commit to a date for delivery of the pump station and
testing of sewer lines, in addition to remedial paving. Mr. Sullivan noted the
situation has changed since Town Counsel became involved and we now have a
schedule addressing the issues. They have held off on default discussions, wanting
to at least get the pump station delivered. This is now scheduled for delivery
Minutes of April 12, 2000
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tomorrow; however, we would like to keep our options open on taking the bond and
completing the work if the contractor fails to keep to the schedule. There is
$150,000 remaining on a total contract of $1.2 million. There is also a hold-back of
over $90,000 due to work that was not done properly. It will be necessary to
develop a strategy to get the job completed at the best possible price. Once the
pump station is on site, the town would be in a better position to default if it
becomes necessary.
Selectman Donovan questioned why contaminated groundwater is getting into the
sewer and why the contractor isn't being held responsible for that. Mr. Sullivan
explained that the contamination problem is the Town's. He noted there was gas in
the groundwater that flowed down to the lowest point. The lines were still open at
that time and there were some leaks in the system throughout the sewer line. The
contamination resulted from an improper fitting on a newer tank at the Highway
Garage. $365,000 will be requested at the Special Town Meeting for additional
costs to dewater and treat the unexpected groundwater contamination and to
install the Route 106 Sewer Pump Station. Efforts are also being made to get a O'Yo
loan from the State.
Clerk Wills questioned if there are enough funds left to go ahead with the default.
Attorney Mangiaratti said the biggest thing is the paving. If we don't see progress
in the next few weeks, default will be recommended. The Special Town Meeting
article is to pay for the treatment and dewatering to get the pump house in.
Without the pump station, we will not be able to use the sewer.
Town Manager D'Agostino reported on the following items:
· A meeting has been scheduled with the Hope Street residents regarding the
parking lot at Memorial Park for 7:00 p.m. Thursday in Room 3AB. Discussion
followed regarding the need for increased parking with the additional fields.
Increased buffering was discussed. The Town Manager noted the Planning
Board will ultimately be determining the required number of parking spaces. He
further suggested that lack of compromise on the part of the neighborhood
group could result in the death of the project because the fields cannot be used
without additional parking.
· The Homestead cleanup project is 80'Yo complete and should be done Thursday.
The existing foundation will then be filled in. During the cleanup process, two
250 gallon oil tanks were removed, along with their contents. It worked out
well that the Town did the work and discovered the tanks because they were
located in close to wetlands.
Minutes of April 12, 2000
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· The Staff has been instructed to increase the Senior Tax Program from $5,000
to $10,000. Those who now receive abatements will be eligible to participate in
the program to work a total of 87.3 hours at $6/hour. Previously those seniors
receiving abatements were not eligible to participate. This will allow more
people to participate and it becomes part of the Assessors overlay amount.
· He will be attending the Water Resource Commission hearing in Boston
tomorrow at 1 p.m. regarding our interbasin transfer application for the
Morrison Well. It is his belief they will wait until next month to formally vote.
Earth- Tech, Foxboro's consultant, will be at the hearing to present their case to
the Water Resource Commission. He invited Selectmen to join him for the
hearing. Discussion followed concerning the meeting with Foxboro Water
Commissioners tentatively scheduled for next Thursday. Mr. D'Agostino noted
Foxboro's last minute attempt against our application, stating it is not good
public policy for any community to threaten the water resources of another.
Chairman McCarter suggested we should still meet with Foxboro-not next
week, but sometime prior to the time the vote will be taken. Foxboro w/ÏI be
contacted to ask for some dates in the next three weeks they would be
available to meet.
· A meeting was held with Mike Healey of Cable Access to review parcels of
Town-owned land suitable for the construction of a studio. The parcel best
suited to their needs seemed to be the Compo site on Branch Street. Mike was
given the information to get in touch with their attorneys and he will pursue the
matter.
· He attended a meeting with DEP in Lakeville Monday on the reclaimed water
project. CDM has been contracted to complete a study on the feasibility of
running the pipe up the interceptor. Alternate funding sources are being
explored. The discussions were constructive and we would be the only
community in the northeast to have an extensive program purpose is to provide
reclaimed water for both public and private use. We are also in discussions with
BankBoston to include urinal and toilet flushing for their 1 million square foot
office park on the TPC golf course site. The cost of the project would be only
half the cost of expanding our sewer plant.
· A meeting was held Monday with former Governor Dukakis, Congressmen Barney
Frank and Jim McGovern, Senator Sprague, and representatives from the
offices of Barbara Hyland and Betty Poirier. High security fencing was
discussed for densely populated areas in town. We will once again travel the
train station right-of-way in Mansfield and identify densely populated areas
Minutes of April 12, 2000
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where we would like the high density fencing to be constructed. Financing it will
then be addressed. Town Manager D'Agostino reported he also met with
Governor Dukakis about the CsX County Street right-of-way access from the
Train Station. He believes it will be no problem for us to get the right-of-way
crossing.
The 11 p.m. meeting curfew was reached at this point in the meeting.
Motion: To continue the meeting for another ten minutes.
(Wills-Donovan) All in favor. Passes
· Selectman Donovan asked about the stump on Park Street at the end of Park
Avenue. The Town Manager will get it settled next week.
· Chairman McCarter asked if the unexpended fund balances were sent to the
Finance Committee. Town Accountant Bea Kearney is taking care of it and we
may be able to transfer some of it at the Special Town Meeting.
Chairman McCarter also asked the Town Manager to get in touch with Scott
Wagner regarding the time capsule.
Chairman McCarter asked:
· About the status of the open air parking lot applications, noting he would like
them put on the agenda to act on one way or another.
· That a letter be sent to the Planning Board asking them what changes they have
made to their zoning articles following public hearings.
Chairman McCarter also noted we would be meeting with the Finance Committee and
School Committee at the next meeting.
Motion: To adjourn at 11:10 p.m.
(Wills-Donovan) All in favor. Passes
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Date of Approval
Minutes of April 12, 2000
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