HomeMy WebLinkAboutmin brd of selectmen 01/26/00
Present:
Board of Selectmen
Minutes
January 26, 2000
Chairwoman Royle, Clerk Wills, and Selectmen Amoruso, McCarter,
and Robinson
John D'Agostino, Town Manager
1.
Motion:
7:30 PM Executive Session
To go into executive session to discuss pending litigation and land
negotiations for the Witch Pond Well and to reconvene in open
session.
(Wills-Amoruso) Selectman Robinson, Aye; Selectman Amoruso, Aye;
Chairwoman Royle, Aye; Selectman McCarter, Aye; and Clerk Wills,
Aye. All in favor. Passes.
2. Questions and Comments
Dan Donovan, 97 Court Street, suggested the Town should post signs at the
commuter rail station warning commuters to stay 15 feet away from the newly
charged lines.
Motion: To send a letter to Amtrak requesting they install signs warning of
the live wires and to stand back from them at the train station.
(Amoruso-McCarter) All in favor. Passes.
3. Weekly Business
Warrant No. 30 - $1,032,328.46
Motion: To approve.
(Amoruso-McCarter) All in favor. Passes. Chairwoman Royle
abstained from all Board of Health items, Selectman McCarter
abstained from the Municipal Building Committee payroll, and
Selectman Robinson abstained from the School Department payroll.
Passes.
4. 8:10 PM Burnt Building, 233 Plain Street, Mansfield, MA, Public
Hearing
Clerk Wills read the public hearing notice aloud. The purpose of this hearing was to
determine whether 233 Plain Street is a nuisance to the neighborhood and/or
dangerous. Town Counsel Robert Mangiaratti entered the following exhibits into
the official record:
Exhibit 1
Exhibit 2
Public Hearing Notice
Letter from Robert Mangiaratti, Volterra, Goldberg, Mangiaratti, &
Jacobs, dated December 9, 1999, outlining the procedure to be
Exhibit 3
Exhibit 4
followed in accordance with M.GL Chapter 139 Section 1-3A when
dealing with unsafe structures
Title Examination Report for 233 Plain Street conducted by Major &
Erben Title Services, 8 North Main Street, Attleboro, MA
Series of Legal Notices:
. Returned Certified Letters
# Z 200 262 936 Addressed to Mark McMasters, Trustee of
Hidden Trust; 233 Plain Street, Mansfield, MA
# Z 200 262 940 Addressed to Mark McMasters aka Mike
O'Donnell, BBC Trust, 7-9 Warwick Street,
Roxbury, MA 02120
· Returned Certified Receipts and "Green Cards"
# Z 200 262 937 Addressed to Mark McMasters, Trustee of
Hidden Trust, P.O. Box 6, Boston, MA 02131
# Z 200 262 938 Addressed to M. W. Shea, P.O. Box 6, Boston,
MA 02131
# Z 200 262 941 Addressed to Mark McMasters aka Mike
O'Donnell, 6 High Street Extension, Taunton, Ma
02780
· Receipt for Certified Mail
# Z 200 262 939 Addressed to McMasters aka O'Donnell, 14
Estelle Street, Mattapan, 02126
· Public Hearing Notification Dated December 21, 1999, with
attached Service Certification by Deputy Sheriff Floyd, A.
Teague, dated January 24, 2000
· Sun Chronicle Public Hearing Advertisements: January 17, 2000;
January 19, 2000; January 21, 2000
Exhibit 5 Letter from Bertram M. Cook, Inspector of Buildings/Zoning
Enforcement Officer, dated January 25, 2000, regarding 233 Plain
Street and Pictures of 233 Plain Street
The Board of Selectmen reviewed pictures of the property at 233 Plain Street.
Town Counsel interviewed Mansfield Firefighter and Fire Investigator James Puleo
asking him questions such as his familiarity with 233 Plain Street, condition of
building at 233 Plain Street after the fire, if the Town did anything to keep the
premises safe, whether or not Mr. Puleo would categorize the site as dangerous as
it stands today (yes), whether or not any work has been done to make the property
safe by the property owner, and if the fire investigation has concluded (the on site
investigation has concluded but not the entire investigation).
Mike O'Donnell, 14 Estella Street, Boston, Ma 02126, addressed the Selectmen
stating that he was not informed of this evening's meeting. Although he has been in
contact with the Fire Chief on several occasions, he was unaware of the hearing
until Monday.
Mr. O'Donnell stated that he was under the impression that the 233 Plain Street
property could not be disturbed because of the Fire Department's investigation of
the fire that occurred and that he has no problem fencing the property. Mr.
O'Donnell contacted a couple of fence companies.
After Town Counsel asked if Mr. O'Donnell was willing to give him his telephone
number, Mr. O'Donnell responded that he would be willing to give it to him after the
hearing closed.
When Attorney Mangiaratti asked Mr. O'Donnell if he is also known as Mark
McMasters, the record owner of the property, Mr. O'Donnell responded negatively.
Attorney Mangiaratti asked Mr. O'Donnell on behalf of the Board of Selectmen
what he is planning to do with the property and when. Mr. O'Donnell responded
that he intends to install fencing as soon as he receives the bids back.
When asked if Mr. O'Donnell intends to bulldoze the property by Attorney
Mangiaratti, Mr. O'Donnell stated that he intends to leave the debris in place and
to continue with his own private investigation to find out who started the fire on
the property, and that he wants to use the present foundation for a home.
Town Counsel responded that the Building Inspector stated that the foundation
hole must be f/Ï/ed in.
Board of Selectmen Questions
Selectman Robinson asked Mr. O'Donnell how long it would take to finish his
investigation, to which Mr. O'Donnell responded that it could take one week or two
months and that he plans on having the site secured a soon as possible and cleaning
it up as soon as the investigator says to go ahead.
Selectman Robinson asked Mr. O'Donnell how long it would be before he has a fence
installed, to which Mr. O'Donnell responded two to three weeks.
Selectman Amoruso inquired of the type of fencing to be installed, to which Mr.
O'Donnell responded six-foot high chainlink fencing. Selectman Amoruso also asked
if Mr. O'Donnell is willing to allow police access to the site.
Selectman McCarter stated from what he can see from the Title Search, Mark
McMasters is sole trustee and asked Mr. O'Donnell if a document is on file at the
Registry of Deeds stating that he is the trustee. Mr. O'Donnell responded that he
"thinks so".
Selectman McCarter commented that he is not sure that the Selectmen are dealing
with the owner of the property and that he does not want to make a deal with
someone who is not the owner of the property.
Mr. O'Donnell requested his letter to the Fire Chief, date stamped September 16,
1999 at 12:04PM, be made part of the official record as Exhibit 6.
When asked by Selectman McCarter about the amount of fencing that Mr.
O'Donnell would be installing, Mr. O'Donnell responded 250 feet.
When asked by Clerk Wills if he would be installing fencing only and not removing
debris, Mr. O'Donnell responded that that is correct because of his private
investigation.
Town Counsel Mangiaratti provided the Selectmen with options of what actions they
make take.
Motion:
To find that the property located at 233
nuisance and/or dangerous.
(Amoruso-Robinson) All in favor. Passes.
Plain Street is a public
Motion:
That we request Mr. O'Donnell provide us with proof that he is
trustee of the aforementioned site, ownership interest or authority
to deal with the disposition of the property, by providing certified
documentation to Town Counsel no later than Monday, January 31,
2000.
(Amoruso-Robinson) All in favor. Passes.
Motion:
To continue the public hearing to February 2, 2000, at 8:30 PM.
(Amoruso-Robinson) All in favor. Passes.
Chairwoman Royle requested a letter be sent to Mr. O'Donnell at 14 Estella Street,
Boston, confirming the continued public hearing date and time.
5. 9: 15 PM Holiday Inn - Alcohol License - Premises Alteration Public
Hearing
Maria Rota, Counsel for Mansfield Realty Limited Partnership, was present for this
hearing, as was the manager of record for the alcohol license, Francis Dorsey, and
the project architect.
Clerk Wills read the public hearing notice out loud on Mansfield Realty Trust's
application to renovate the existing hotel restaurant and lounge as shown on plans
prepared by Group One Incorporated, September 1, 1999, including installation of
two interior partitions, construction of private dining area, removal of one of three
existing entrances leading from the restaurant to the hotel lobby, other non-
structural design changes including installation of new furniture and fixtures.
Clerk Wills also read departmental comments.
Mr. Dorsey explained that the restaurant's name will change to Pike's Peak Mining
Co. and Steak House and will be more of a family environment than the present
lounge. The billiards and jukebox will be removed.
Mr. Dorsey submitted color boards of the proposed alteration to the Selectmen for
their review.
When Mr. D'Agostino inquired about the change in the current facade of the
restaurant, Mr. Dorsey explained that the changes would be cosmetic not
structural.
Motion:
To grant the renovations to the existing hotel and restaurant as
shown on the plan by Group One, Inc.
(Wills-Amoruso) All in favor. Passes.
6. 9:30 PM Joint Housing Authority Interviews to Fill the Term
Vacated by William Harlor
The following Housing Authority members were present for this meeting: William
DeBaggis, Dan Donovan, Dave Conley, and Jay Barrows, and the Housing Authority
Director Mike Forbes.
Both applicants, Mary Lou Cotton and David Clemmey, were present for the
interview.
Members of the Housing Authority and Board of Selectmen asked each of the
applicants questions regarding their availability for the next two Housing Authority
meetings, agenda if appointed (Mr. Clemmey only), reason for seeking appointment,
whether or not they will run in the election to fill the vacant seat for the remainder
of the term, and ideas they would bring to the Authority.
Chairwoman Royle called for nominations at 9:40 PM.
David Conley nominated Mary Lou Cotton, seconded by William DeBaggis.
Dan Donovan nominated David Clemmey, seconded by Selectman McCarter.
Chairwoman Royle polled the Board and Housing Authority members:
William DeBaggis - Mary Lou Cotton
Dan Donovan - David Clemmey
David Conley - Mary Lou Cotton
Jay Barrows - Mary Lou Cotton
Selectman Robinson - Mary Lou Cotton
Selectman Amoruso - Mary Lou Cotton
Chairwoman Royle - Mary Lou Cotton
Selectman McCarter - David Clemmey
Clerk Wills - Mary Lou Cotton
Receiving seven votes, Mary Lou Cotton was appointed to fill the vacant term of
William Harlor until the March 20,2000, election.
6. Weekly Business
A. Licenses and Permits
Wine and Malt License Certificate for Sportservice reflecting the elimination of
the Golden Courtyard from the license description
Motion: To sign the wine and malt certificate for Sportservice.
(Amoruso-Robinson) All in favor. Passes.
B. Minutes of January 19, 2000
Motion: To approve.
(Amoruso-Wills) All in favor. Passes.
C. Correspondence
Action:
Miscellaneous
Letter from Joe Pasquale, Lion's International, offering to repair the existing
bulletin board at the Police Station or to relocate it closer to the Town Hall to a
location of the Selectmen's choosing. The Mansfield Lion's Club will donate the
required materials and labor and hopes the Selectmen will waive any associated
fees. A consensus of the Board was in favor of sending Mr. Pasquale a letter of
appreciation and maintaining the sign at its present location, but welcoming the
Lions Club assistance with making repairs to it.
Other:
Resident
Letter from Kathy Finer, Jewell Street, stating that she wholeheartedly agrees
with the Selectmen's decision to look into doing away with the Winter Parking Ban
Town Manager D'Agostino stated that the Selectmen would probably be taking
another look at the Towns Winter Parking Ban at the Fal! Town Meeting.
Town Manager and Staff
Memorandum from John D'Agostino, Town Manager, to Selectman Brad Wills
concerning plowing Thompson Street
7 . Town Manager Report
. Mr. D'Agostino is meeting individually with all Departments in preparation for a
Saturday meeting with the Finance Committee. The Finance Committee assigned
certain Committee members to separate areas of the government, such as public
safety, DPW, etc.
· The Police Department study has to go out for a full-blown bid, and the report
may not be available for the Annual Town Meeting.
· Mr. D'Agostino met with TPC Golf Course representatives and Bankboston
officials. A copy of a letter dealing with TPC's representation of their
commitment to use secondary water as a primary watering source for the golf
course is in the Selectmen's Reading Folder. The representatives did seem
concerned with the purchase price for reclaimed water stating that other
communities offer secondary water free-of-charge. Discussion among the
Selectmen and Town Manager followed regarding funding for the installation of
the pipe required for secondary water use, funding for the water reuse study,
and whether or not Norton Officials should be invited to future meetings with
TPC Golf Course representatives.
· Mr. D'Agostino posted the Selectmen's Secretary position, and Mary Lou Cotton
applied for the position. Mrs. Cotton was interviewed by both Mr. D'Agostino
and Mr. Scherma and has been appointed to the position.
8. Selectmen Old Business
· Tweeter Center Entertainment License Renewal Review
Motion: That two Selectmen and the Town Manager meet with the Tweeter
Center, Bruce Montgomery, to come up with things for the Town in
their license to bring to the Board of Selectmen for final approval.
(Wills-Amoruso) (4-1) Selectman McCarter opposed. Passes.
Clerk Wil!s nominated Selectman Amoruso, who received a unanimous vote, and
Selectman Amoruso nominated Selectman McCarter, who also received a unanimous
vote.
· Clerk Wills asked, with the Annual Town Meeting warrant closing on February 1,
if the Selectmen would see it before it closes. Clerk Wills also asked if the
Charter revisions would be included on the warrant. Town Manager D'Agostino
responded that the Charter Revisions would not be acted on until the Special
Town Meeting because of the required six- month time frame between holding
the public hearing and acting on the revisions. Selectman McCarter asked if the
Charter revision articles could be included on the Annual Warrant just in case
they can be acted on sooner.
· Selectman Amoruso commented that the Charter may be in disagreement with
the State Law relative to elections; if a conflict does exist it should be
reconciled.
· Selectman Wills recognized United Way for donating $10,000 to Our Daily
Bread.
· Selectman McCarter requested an update on the Route 106 contamination issue,
a listing of completed project accounts with unexpended balances remaining, and
asked if the Water Department Operations Manager reviewed Mr. D'Agostino's
proposed policy on water extensions. Mr. D'Agostino responded that Mr.
Gaffney's (Water Operations Manager) response was basically "What do we
need this for?" and is in the Selectmen's Reading Folder.
· Selectman Amoruso inquired about the status of an inquiry made by Cable
Access regarding available town property for a cable studio. Town Manager
D 'Agostino asked Town staff to put together a map showing al! town-owned
parcels and that he could give the parcel maps to Cable Access.
· Chairwoman Royle asked if Mr. D'Agostino had received communication from
representatives of the Hercules site.
· Chairwoman Royle asked if the Selectmen would like to sponsor a quorum change
article at the Town Meeting (No) or a stipend for Selectmen.
Motion: That we sponsor an article for a Selectmen's stipend of $2,000 per
Selectmen and $2,500 for the Chairman.
(Wills-McCarter for discussion)
Amended Motion: That we sponsor an article for a Selectmen's stipend of $1,000
per Selectmen and $1,500 for the Chairman.
(Wills-No Second)
9. Selectmen New Business
· Selectman Robinson requested each Selectmen take a look at the Route 106
underpass in relation to lighting coming from the Winthrop Street parking lot
and from the train station side before the next Light Commissioners' meeting
· Selectman Robinson will be meeting with Amtrak representatives next
Thursday. Amtrak received responses from three day cares wishing to
participate in a safety training program.
· Selectman Robinson requested the Selectmen's Secretary provide the Bristol
County Selectmen's Association with directions to the Village at Willow Crossing
for the upcoming Association dinner.
· Selectman Robinson asked, since the Police Department study is being held off,
if the Fire Department should be added to the study. Town Manager
D 'Agostino responded that the Police Department study could be done and
funding for the Fire Department appropriated later.
11:00 PM Motion:
To continue the meeting for ten minutes.
(Wills-Robinson) (4-1) Selectman Amoruso opposed. Passes.
· Chairwoman Royle stated that the lights at the intersection of Franklin and East
Street last thirty seconds causing traffic back-ups and asked if the wires could
have been affected during the Route 106 construction.
· Clerk Wills asked that the Town Manager check the trip at the Hope
Street /Pratt Street intersection.
· Chairwoman Royle requested the Police Department review the
Balcom/Gilbert/Bungay Street island to confirm that it is properly located.
· Chairwoman Royle noticed an advertisement in the Sun Chronicle for a financial
assistant at the Electric Department and asked if one of the assistants is
leaving. Chairwoman Royle also asked if an ad for a lineman in the same
newspaper was for the second lineman for the Electric Department (yes).
10.
Motion:
Adjournment - 11 :05 PM
To adjourn.
(Robinson-Wills) All in favor. Passes.
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Date of Approval