HomeMy WebLinkAboutmin brd of selectmen 02/02/00
Board of Selectmen
Minutes
February 2, 2000
Present:
Chairwoman Royle, Clerk Wills, and Selectmen Amoruso and McCarte-r
John D'Agostino, Town Manager
1. The meeting was called to order at 7:30 PM followed by the pledge of
allegiance.
A. Warrant No. 21
Motion: To approve.
(Amoruso-McCarter) Chairwoman Royle abstained on all Board of
Health items and Selectman McCarter abstained on the Municipal
Building Committee payroll. Passes.
B. Licenses and Permit
. Reserve Fund Transfer Request Nos. 4 & 5
DPW Director Lee Azinheira, Town Engineer John Sullivan, and Special Project
Manager Mike Ahern were present to explain Transfer Request Nos. 4 & 5
Reserve Fund Transfer Request No.5 - $34,225 to Public Buildings and Special
Projects for engineering studies related to the fuel contamination at the Highway
Garage This amount includes the implementation of Phase 1 of the Scope of
Services provided by Penney Engineering, dated February 2, 2000. Phase 1 consists
of Tasks 1-7.
Motion: To recommend approval of Reserve Fund Transfer Request No.5 in
the amount of $34,225 to the Finance Committee.
(McCarter-Wills) All in favor. Passes.
Reserve Fund Transfer Request No.4 - $37,000 to the Canoe River Sewer Project
Account for expenses associated with sheeting and dewatering treatment design
rebidding and testing to meet DEP requirements for installation of a sewer pump
station, required as a result of encountering unexpected groundwater contamination
in the area of the proposed Route 106 sewer pump station
Motion: To recommend approval of Reserve Fund Transfer Request No.5 in
the amount of $37,000 for expenses associated with sheeting and
dewatering treatment design rebidding and testing to meet DEP
requirements for installation of a sewer pump station, required as a
result of encountering unexpected groundwater contamination in the
area of the proposed Route 106 sewer pump station.
(Wills-Amoruso) All in favor. Passes.
. DPW Director Azinheira stated as a result of an inquiry made by the Town
Manager as to why the Town plows private unaccepted ways, it was determined
that in order to expend Town funds plowing unaccepted streets legally, the
Town would need to adopt the provisions of MGL Chapter 40, Section 6C, which
has never been done. This would be done in the form of a ballot question to be
voted on at the March 20 Town Election.
Motion: To support the petition for a ballot question at the Annual Town
Election authorizing the Town to appropriate money for the removal
of snow and ice from private ways therein open to public use.
(McCarter-Amoruso) All in favor. Passes.
. Application of Spiezio Enterprises Inc. for a Change of Manager on their
Alcohol License from Geno Spiezio to John Spiezo
John Spiezio was present to answer any questions the Selectman may have.
Motion: To approve the change in manager from Geno to John Speizio.
(Amoruso-Wills) All in favor. Passes.
2. Leda Levine, Mansfield High School Varsity Field Hockey Coach, and Co-
Captains J en Kaeser, Heather Shaw, and Kayla Pelcher(not in
attendance)
Chairwoman Royle commended Coach Levine and the Varsity Field Hockey team for
winning the Division 2 Southsectional Championship.
3. C. J. Scooters Live Entertainment License Renewal Application
Gerald Chipman, Manager, C.J. Scooters, was present to answer any questions
the Selectmen may have.
Clerk Wills read all Departmental comments, noting that the Police Department
signed off on the application with the request that C. J. Scooter agree to hire
police details when and as needed and as determined by the police department. In
response to the Police Chief's comments, Mr. Chipman stated that he would contact
the Chief and would employ a detail if it is required and reasonable.
4. Weekly Business Continued
A. Minutes
Executive Session Minutes of January 26, 2000
Motion: To approve but not release.
(Amoruso-McCarter) All in favor. Passes.
B. Licenses and Permits
·
Constable Renewal Application of Carlton Conrad, Approved by Police Chief
O'Neill
Motion:
To reappoint Mr. Conrad as a constable for three years.
(McCarter-Amoruso) All in favor. Passes.
· Class II License Renewal of Shaw Auto Leasing, Inc.
Motion: To approve.
(Amoruso-Wills) All in favor. Passes.
· Full Alcohol License Certificate for the Golden Courtyard Area at Tweeter
Center for the Performing Arts
Motion: To sign.
(Amoruso-McCarter) All in favor. Passes.
4. Questions and Comments
Bill Gerber, 362 Central Street, is now a cable subscriber and will be attending his
second Cable Access Board of Directors meeting on Thursday. Cobb Street is not
being plowed by the Town; the manhole covers are raised; and cars are parking on
both sides of the street. Town Manager D'Agostino will look into this.
Mr. Gerber also asked, with the Tweeter Center entertainment license soon up for
renewal, if the Town ever resolved the issue of the parking lot's compliance with
zoning. Mr. D'Agostino responded that the issue is near resolution and that
additional spaces will be required
Andy Gazzolo, 25 South Street, Finance Committee Chairman, reported that the
Finance Committee began the budget review process and would like a one to two
page report of what the Selectmen are trying to accomplish with this year's budget.
When asked by Selectman McCarter specifically what the Finance Committee is
look for, Mr. Gazzolo responded policies relating to staffing, personnel, and hires.
Selectman Amoruso commented that he would like to review the budget with the
Town Manager in a workshop setting. Mr. Gazzolo stated that he would be in favor
of a joint workshop with the Selectmen.
5. 8:30 PM Burnt Building at 233 Plain Street, Mansfield, Continued Public
Hearing
Town Counsel Robert Mangiaratti and Fire Chief Sliney were both present for this
public hearing.
The Selectmen's Office received a letter by fax this date from Mr. O'Donnell
stating that he is unable to attend this evening's public hearing due to personal
reasons and requesting a continuance of the public hearing.
Town Counsel received a fax from Mr. O'Donnell stating that he. as trustee of The
Hidden Trust, dated March 14, 1996, certifies that the Trust has not been altered
or dissolved; the beneficiaries are not minors or incapacitated; and he is the
trustee of the trust. Attorney Mangiaratti stated that the above referenced
certification should be made a part of the record and that it does not establish Mr.
O'Donnell as the trustee and does not conform to an official trust instrument. This
morning, Attorney Mangiaratti's Title Examiner found nothing at the Registry of
Deeds reflecting the recording of this document at the Registry nor did he find
anything showing Mr. O'Donnell on record as trustee.
Attorney Mangiaratti suggested that the Board of Selectmen is now authorized to
make an order with respect to the disposition of the property and timeframe for
same and to complete the work ordered if it is not completed within the required
time frame and place a lien on the property for expenses incurred.
Chairwoman Royle asked if the taxes on the property are current, to which Mr.
D'Agostino responded that they approximately $47,000 is outstanding. Mr.
O'Donnell told Mr. D'Agostino this date that he would be seeking an abatement, and
that he wanted to settle this issue outside of the public hearing, to which Mr.
D'Agostino responded negatively. Both Town Counsel Mangiaratti and Fire Chief
Sliney stated that Mr. O'Donnell tried to settle the issue outside of the public
hearing with them also, but they too responded negatively to him.
Public Comment
Mark Munroe, 145 Plain Street, stated that the property at 233 Plain Street is an
absolute nuisance, he has been in communication with the Building Inspector
regarding the property, and that he is concerned for the young children in the area.
Mr. Munroe also stated that the property is starting to turn into a dump and urged
the Selectmen to make a decision on its disposition.
Town Counsel Mangiaratti provided Chairwoman Royle with a draft of specifications
for clean up of the site provided by the Building Inspector.
Chairwoman Royle closed the public hearing at 9:14 PM.
Motion:
For the burnt building on the property of the former Homestead
Restaurant to do the order of conditions set thereto in the document
by Town Counsel and the Building Inspector of recommendations to be
completed within thirty days of receiving notification.
(Wills-No Second)
Motion:
The order of the Board is to have the debris properly removed and
site regraded and restored to a safe condition in accordance with the
Building Inspector's recommendation by March 15,2000.
(Wills-Amoruso)
Motion:
To amend the motion to have the work completed by March 3, 2000.
(McCarter-Amoruso) All in favor. Passes.
Motion:
The order of the Board is to have the debris properly removed and
site regraded and restored to a safe condition in accordance with the
Building Inspector's recommendation by March 3, 2000.
(Wills-Amoruso) All in favor. Passes.
Town Counsel stated that the Town Manager may now begin the bidding process to
complete the work should it not be completed by the deadline.
Selectman McCarter inquired about the status of a vacant house on Coral Street.
Mr. D'Agostino will report back to the Board
6. Town Manager Report
· Mr. D'Agostino spoke to Town Staff regarding providing comments during the
extended comment period for the Great Waves Mepa review.
· Mr. D'Agostino met with the Federal Transportation Authority last week
regarding funding for the train station project.
· Mr. D'Agostino is awaiting Gatra's response to his letter regarding the train
station project. Chairwoman Royle stated when Mr. Gay attends an upcoming
Selectmen's meeting, she would also like the Tri- Town Chamber of Commerce,
Paul Connor, and the Downtown Business Association invited to the meeting.
· Town Counsel and the Town Manager are of the impression that the Town may
take part of the Hatheway Patterson site to provide access under or over the
train tracks to County Street.
· Mr. D'Agostino is expecting to receive the final documents from MediaOne
sometime over the next few weeks that would gift a small building next to the
Oxford Tank to the Town, which will be used to support the low band radio
frequency and will house a generator. The Selectmen will have to vote to accept
his gift. Chairwoman Royle added that Frank Foss of MediaOne will be
attending a Selectmen's meeting in the near future. Selectman McCarter noted
that the Selectmen are in receipt of a letter from the Cable Television Division
warning the Selectmen that Mansfield's cable license wlÏl expire in 36 months.
· The Board of Selectmen is in receipt of a letter from Sonia Walgreen,
Chairwoman, Council on Aging, requesting the Selectmen to contract out for van
service rather than providing service in house. Selectman Amoruso commented
that he would like to be sure that the nominal fee presently charged remains
the same. Selectman Amoruso also asked if the Town contracts the service out
if there would still be a need for the garage at the Council on Aging, stating if
not, it may be used for additional parking. Mr. D'Agostino stated that he
introduced a Town Meeting article to purchase the Copperini property, which
could also be used for Council on Aging parking. Selectman Amoruso requested a
breakdown of all the facts and figures, the cost vs. quality of service.
Selectman McCarter requested a financial breakdown of both methods,
providing the van service in house and contracting it out.
. The Municipal Building Committee is concerned with the number of associate
member appointments for the Highway Garage, Fire Station, Mema, and Water
Department building(s) feasibility study and that the present number creates an
even number of members. The Committee would like to maintain one person
from each department and may have a problem with the recent appointment of
the Water Operations Manager, Kurt Gaffney, to the Committee.
Motion:
To send a letter to the Municipal Building Committee that Mr.
Gaffney will continue to attend the meetings but not as a voting
member. All other appointments will remain the same.
(Amoruso-Wills) All in favor. Passes.
· Mr. D'Agostino and Superintendent Moretti attended a field development
meeting. The plans are in the process of being finalized with the committee
and do reflect some changes. Selectman Amoruso commented that the
Selectmen should be able to see the initial plans. Mr. D'Agostino responded
that he would be scheduling a joint meeting of the School Committee,
Recreation Commission, and Selectmen, at which time the final plans w/Ï/ be
presented for the Board's comments. Selectman Amoruso stated that he would
like to see the other plans, to know the thought process behind the final plans,
to know the Field Advisory Committee's votes, and to have a feel for what has
gone on so that he can explain it to others.
7. Selectmen Old Business
· Clerk Wills asked if DPW removes the ice from under the Route 106 railroad
bridge.
· Clerk Wills, referencing a letter he received from a resident upset about the
way he was treated by the Parking Clerk and upset that he received three
tickets because his resident sticker was in the wrong location, stated he feels
the tickets should be waived. Clerk Wills suggested the present train station
fee and sticker system should be evaluated so that it works better for
everyone.
· Selectman McCarter asked if the Town Manager received the list of completed
project accounts having an unexpended balance.
· Selectman McCarter also inquired about a resolution to the Rezza property
purchase agreement expiration. Town Manager D'Agostino responded that an
article would be placed on the Special Town Meeting warrant to allow for a down
payment on the property: however, Town Counsel feels the wording of the
present article appropriating funds to purchase the land allows for a down
payment.
· Selectman McCarter stated that he read in the newspaper that the Foxborough
Water and Sewer Commissioners are scheduled to meet with the New England
Patriots on Friday regarding tying into Mansfield's sewer plant and suggested
the DPW Director contact Foxborough to confirm the meeting and either
attend or send a representative.
· Selectman McCarter asked if there were any problems when the faster version
of the Amtrak trains traveled through Mansfield recently. (No.) Selectman
McCarter also asked if a letter had been sent to Amtrak requesting they post
signs warning of the electrified lines at the commuter station. (No.)
· In relation to the Tweeter Center entertainment license renewal, Selectman
Amoruso suggested hosting a public hearing to start with and inviting Bruce
Montgomery to the meeting. Selectmen Amoruso and McCarter will decide on a
date and time for the hearing.
· Chairwoman Royle commented that she, Clerk Wills, and Mr. D'Agostino need to
meet with Police Chief O'Neill.
· Selectman Amoruso stated that the EPA would like to visit the Hatheway
Patterson site, in light of additional Brownsfield funds.
· Chairwoman Royle suggested sending Matt Miller, Animal Welfare Committee
Chairman, a letter in response to his letter regarding establishing the new
Animal Welfare Committee in compliance with the newly voted General By-Law.
The present Committee members should be asked if they would like to continue
to serve.
· Chairwoman Royle asked Mr. D'Agostino if he sent a letter to DEP or called to
find out if Hercules responded relative to site remediation. Mr. D'Agostino
responded that he thinks Hercules did respond directly to the Health Agent but
that he would report on the issue next week. When asked by Chairwoman Royle
who, under the law, is responsIble for the site, Mr. D'Agostino responded both
Hercules and the Town of Mansfield
· Chairwoman Royle requested the Town Manager follow up with DEP to find out if
Elizabeth Giordanni responded to DEP regarding remediation of her vacant lot
next to the North Main Street fire station.
· Chairwoman Royle noted that the Selectmen will be hosting a Chairmen's
meeting during next week's Selectmen's meeting.
· Clerk Wills provided a summary of his experience at the Massachusetts
Municipal Association Trade Show.
8. 11:00 PM Adjournment
Motion: To adjourn.
,,.-; (Amoruso-Wi I~ All in favor. Passes.
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Clerk's Si nature Date of Approval