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HomeMy WebLinkAboutmin brd of selectmen 11/28/01 ("' HECEIVEO - .__".",e, ("-I'"ICE '·..·'dqH ,\ . ". '. I,·.... ; ¡ ,.i {f ri~ r. : . ~ 1;.} -.); j Board of Selectmen " Minutes of 0 I DEC -6 AM II: 55 November 28, 2001 . i ¡; , I.,': . f" L· 0 ¡ Ir,,; ,., .... ~1ASSl\CHUSETTS Present: Chairman Louis P. Amoruso; Clerk Michael W. McCue; Vice Chairman Bradford E. Wills; and Selectmen David W. McCarter and Daniel Donovan. Town Manager John O. D'Agostino The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant No. 22 in the amount of $3,151,365.25 Motion : To approve (Wills-Donovan) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes r · Warrant No. 23 in the amount of $978,264.04 Motion : To approve (Wills-McCue) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of November 14, 2001 Board of Selectmen's meeting Motion : To approve (McCue-Wills) 5-0 Passes Town Manager and Staff Memo from Gerald Scherma re: hiring process for Veterans' Graves Officer Motion: Approve as outlined in memorandum (Donovan-Wills) 5-0 Passes ~ Memo from Ptlm. L. M. Lawson to Chief O'Neill re: crosswalk request for intersection of Cobb and South Main Streets Motion: Board of Selectmen Minutes of November 28, 2001 1 ("' Memo from Gerald Scherma re: telephone pole flags along North Main Street The Town Manager was asked to get a recommendation from those who put up the flags. Boards and Committees Letter from William H. Gerber, Jr. of Mansfield Cable Access re: costs for realignment of channels by AT&T and request for a meeting to discuss the fifth Access Channel - bill in the amount of $9,300 to be reimbursed by AT&T Broadband Motion: Forward bill to AT&T Broadband for reimbursement (Donovan-Wills) 5-0 Passes Letter of resignation from Bob Jones of the Canoe River Aquifer Committee due to his retirement Motion: To accept his resignation and send him a letter of thanks (McCarter-Wills) 5-0 Passes Residents E-mail from Chris Schwarzer of 41 Wexford Drive re: real estate sign placement (' Letter from Ronald J. Boucher, Troop 17 Scoutmaster, re: Eagle Scout award for Stephen Joseph Boucher (proclamation attached for signature) Motion: To sign proclamation (McCue-Wills) 5-0 Passes The following license applications have been reviewed and approved by the appropriate department heads and are presented for the Selectmen's review and approval: Class II Car Dealers Anagnos Enterprises, Inc., 46 Chauncy Street South Main Shell, Inc., 4 South Main Street Rodco, Inc. dba Auto Showplace, 30 Mansfield Avenue William C. Madan dba Tri-Town Auto Sales, 30 Winthrop Street Motion : To approve (Wills-Donovan) 5-0 Passes r Board of Selectmen Minutes of November 28, 2001 2 r- Public Entertainment on Sunday Mansfield Lodge of Elks No. 2633, 140 North Main Street Motion : To approve (Donovan-Wills) 4-0-1 with Selectman McCue abstaining Passes Seven Day Entertainment License Mansfield Lodge of Elks No. 2633, 140 North Main Street Motion : To approve (Donovan-Wills) 4-0-1 with Selectman McCue abstaining Passes Weekday Music Machine - Spiezio Enterprises, Inc. dba Geno's Restaurant & Lounge, 407-409 North Main Street Motion : To approve (Donovan-Wills) 5-0 Passes ("' All Alcoholic BeveraQes Club Mansfield Lodge of Elks No. 2633, 140 North Main Street - Kenneth P. Owens, Manager Motion : To approve (Donovan-Wills) 4-0-1 with Selectman McCue abstaiing Passes Retail Package Store Wines and Malt Beverages Kanku, Inc. dba The Store, 213 South Main Street - Madhuben R. Patel, Manager Mansfield Variety & Deli, 72 Pratt Street Motion : To approve (Donovan-McCarter) 5-0 Passes Retail Package Store All Alcoholic BeveraQes Bristol Management dba Bristol Liquors, 670 East Street - David E. DiMarzio, Manager West Mansfield, Incorporated dba Rum Runner Wine and Spirits, 377 Chauncy Street - Peter DeTrolio, Manager P & L Liquor Corp. dba Villa Liquors, 219 North Main Street - Paul Mantia, Manager Motion: To approve (Donovan-Wills) 5-0 Passes r Board of Selectmen Minutes of November 28, 2001 3 r- Common Victualler All Alcoholic Beveraoes Spiezio Enterprises Inc. dba Geno's Restaurant & Lounge, 407-409 North Main Street - John Spiezio, Manager New England Sportservice, Inc., Tweeter Center for the Performing Arts Golden Courtyard, 885 South Main Street - Robin Ann Pickette, Manager Tang Sz, Inc., dba Cheng Du Restaurant, 249 North Main Street - Ti Tang, Manager D.G.P. & Sons Inc. dba Jimmy's Pub, 141 North Main Street - George Pantos, Manager Motion : To approve (Donovan-McCarter) 5-0 Passes r Common Victualler Wines and Malt BeveraQes and Cordials New England Sportservice, Inc., Tweeter Center concessions, 885 South Main Street - Robin Ann Pickette, Manager Robert Tsapanidis dba Classic Pizza, 242 Chauncy Street - Robert Tsapanidis, Manager M.G. DiMas Corp. dba Bagel Train, 350 North Main Street - Michael DiMascio, Manager Motion : To approve (Donovan-McCarter) 5-0 Passes Common Victuallers Spiezio Enterprises Inc. dba Geno's Restaurant & Lounge, 407-409 North Main Street Tang Sz, Inc. dba Cheng Du Restaurant, 249 North Main Street LaBamba Mexican Restaurant, Inc., 3510 North Main Street Unit 5 Mansfield Lodge of Elks No. 2633, 140 North Main Street New England Sportservice, Inc., Tweeter Center for the Performing Arts, 885 South Main Street D.G.P. & Sons Inc. dba Jimmy's Pub, 141 North Main Street M.G. DiMas Corp. dba Devon's Place, 350 North Main Street Teixeira's Donuts of Mansfield, Inc., 221 North Main Street Motion: To approve the Common Victuallers licenses as listed above (Donovan-McCarter) 5-0 Passes r George Dentino, Gladiola Terrace - spoke of previously asking if the Tweeter Light Show had been discussed in Executive Session and the response that it was not. He Board of Selectmen Minutes of November 28, 2001 4 r- quoted the Executive Session minutes of February 14, 2001 wherein there is reference to the issue. He disputed their statements that there was no discussion. In part two of his questions and comments, Mr. Dentino asked the Selectmen about Mansfield House of Pizza being on the warrant and what the expenditure for that and Wendy's represents. Mansfield House of Pizza is the Police Department getting food for a prisoner, as required by law. He questioned other items on the warrant. Town Manager D'Agostino noted that each voucher is reviewed by him and by the Town Accountant and does not get onto the warrant unless it is legitimate. Mr. Dentino noted he does not believe the Selectmen give the warrant items the scrutiny they should. ("' Steve MacCaffrie, Mill Street - asked about: the special permit needed to take loam out of town. He noted Tweeter Center was taking loam out of there and into Norton. Spoke about cars parked all over the place at the football game last night and noted he went to the Police Department to complain about it. There were, however, no cars ticketed for parking illegally from the Qualters Middle School down to the corner. Spoke of the misinformation that's been given out regarding the school locker room and the fields. He noted the scope of work was changed on the locker room and that resulted in the big cost savings. He stated it was not because the town did the work. The field was not $1.7 million but, he guessed, we saved about $250,000 only. He admitted it looks great and is a good investment however. Pointed out that Route 106 looks terrible and seems to be getting worse. Suggested the property across from the mini-mart get cleaned up. Asked what by-law allows the waiving of the ten signatures to put streets on for acceptance. The articles are being sponsored by the Selectmen. Spoke of the ability of the by-laws to be changed only at an Annual Town Meeting. The changes to the conduct of Town Meeting recommended by the ad hoc committee will therefore have to be withdrawn from the Special Town Meeting Warrant. Motion: To open the public hearing (Wills-Donovan) 5-0 Passes ,-.... I The public hearing for the acceptance of streets at the Special Town Meeting was opened at 8:00 p.m. The notice of hearing, as it appeared in The Sun-Chronicle on Board of Selectmen Minutes of November 28, 2001 5 ("' November 14th and 28th, was read. The following streets were considered for acceptance: Monahan Lane, Corbane Drive, Carlow Crossing, Stillbrook Lane, Homefield Drive, Mayhew farm Drive, River Edge Road, Eugenia Drive, Cobbler Road, Deer Path Circle, Shawmut Avenue Extension, Denwood Street, Smiley Avenue, Marshall Avenue, Colonial Drive (Folkman & Zola portion), Pilgram Road, Autumn Lane, Freedom Trail, Mayflower Drive, Old North Trail (Folkman & Zola portion), Plantation Road (Folkman & Zola portion), Stratton Road, Martha's Way, Colonial Drive (Mac Homes portion), Old North Trail (Mac Homes portion), Plantation Road (Mac Homes portion), Harvestwood Lane, Old Stable Drive, Carriage House Lane. Mike Ahern, Manager of Special Projects; John Sullivan, Town Engineer; and Lee Azinheira, DPW Director were present for the discussion, and the recommendations of Planning Director Shaun Burke were presented. Tonight there are 26 streets which will be the subject of the public hearing, and for the purpose of staff recommendations, they were broken into four categories. First, three streets, Monahan Lane, Carlow Crossing, and Corbane Drive, are back before the Board tonight and before Town Meeting on Monday as a result of a procedural defect in the recording of the street acceptance plans. These streets r have already been voted at Town Meeting in the past. However, because they were not recorded within the statutory time limit, they must be brought back before Town Meeting for a vote before the Registry of Deeds will accept the as-built plans. Staff recommends re-acceptance of these previously accepted streets. All three have outstanding bills to the Light Department that must be paid. The second category of streets are those which staff is recommending for acceptance. It is their opinion that these streets are constructed in accordance with Subdivision Regulation standards and that the public interest will be served by making these private ways public ways. That list is as follows: Stillbrook Lane Homefield Drive Mayhew Farm Drive River Edge Road Deerpath Circle Denwood Street Smiley Avenue Marshall Avenue Stratton Road Martha's Way Canterbury Estates (Bob McLacklin) Colonial Drive (portion) Harvestwood Lane Carriage House Lane Plantation Road (portion) Old Stable Drive ,.-.-.. Stearns Hill Estates (Folkman/Zola) Board of Selectmen Minutes of November 28, 2001 6 ,-- Colonial Drive (portion) Old North Trail (portion) Plantation Road (portion) Autumn Lane freedom Trail Mayflower Drive Mayhew Farm Drive and River Edge Road have outstanding Light Department bills. r The third category of streets are those which staff is recommending for acceptance, but only with the posting of a cash bond. It is their opinion that these streets are constructed in accordance with Subdivision Regulation standards, but one concern remains that can be covered by a bond. Since significant effort has been made in preparing these roads for acceptance, they are of the opinion that the public interest will be best served by making these private ways public ways now, with the cash bond protecting the Town. These roads are as follows: Street Subdivision Comment Pilgrim Road Stearns Hill Estates $6,000 cash bond for recent pavement trench repai r Old North Trail (portion) Canterbury Estates $50,000 cash bond for repair of defective, deep sewer service Eugenia Drive Donald Estates $2,000 cash bond for repair of leaking sewer manhole The fourth category includes streets which staff is not recommending for acceptance as public ways because of items on the construction punch lists that have not been completed to date. It is our opinion that based upon the incomplete punch list items, the public interest would not be served by acceptance of these private ways as public ways. These streets are as follows: Street Subdivision Comment Cobbler Road Cobbler's Corner Majority of punch list items not completed, including drainage system concerns Shawmut Ave Extension Shawmut Ridge Drainage concerns not resolved Deerpath Circle, River Edge Road and CarriaQe House Lane Guy Resh, 6 Deerpath Circle - has been there for five years and there has always been standing water in the drainage ditch next to his property. It was dredged a couple weeks ago and there is still water in it. He asked if it is a drainage ditch or a retention pool. Town Engineer Sullivan addressed the issue, noting it was cleared from there to Ware Street. The total land area over the 2,000 feet is flat and it is not blocked It wi/I flow when it gets above 1 .¡ feet and it's the best it's going to ,_ get. Mr. Resh also asked if there's a grate that can be put over the end of the pipe to keep children from climbing into it. It is an 18 or 24 inch pipe. The contractor Board of Selectmen Minutes of November 28, 2001 7 ,- has not been asked to do it. /-Ie will be contacted to put a grate on. The original design plans did not show the drainage ditch ponding. The problem is a combination of the water table and flow. Kristen Lally, 8 River Edge Road - concerned with the big pipes with no grates on them and the number of children in the area. Some grates were installed She wJ'l/ check them and let the Town know if there are any missing. Wendy Bernier - 11 River Edge Road - has had many problems with her property. There are many lot line problems and after two years there are still problems being encountered. Her driveway is actually on her neighbor's property and she asked how the houses could have been placed on the property in the wrong location, creating the need for variances. She was referred to the Building Department on the lot line issue. She was told the lots were never surveyed prior to the houses being built. Fourteen house lots are experiencing problems with lot line issues. Town Manager D'Agostino was asked to speak to the Building Inspector and get more information on how this has happened It is not a problem, however, that can be addressed in the context of street acceptance. Ms. Bernier asked for the Town's assistance in addressing the problem, acknowledging the need for street acceptance. r Steve Benoit, the developer, noted they sell the house lots. He only built on one lot and all of the lots were surveyed and staked. The builder ignored the lot lines and it's not his problem as the developer. Peter Clarke, attorney for 42 Pilgrim Road residents - spoke of an amendment they will be making at Town Meeting relative to an easement being requested. He referenced the memorandum of Town Engineer Sullivan regarding a storm drain. Field changes were made by a former subdivision inspector and the pipe was a temporary fix that's worked well over the last several years. They hope to make it a permanent solution and he offered the Board the opportunity to address any questions they may have. Selectman McCarter questioned why Cobbler Road was not ready for acceptance since the homes have been constructed for several years. James Clinton, 20 River Edge Road - asked if there's some mechanism available for them to have the Selectmen look into the situation as to why there are so many problems with lot lines in River Edge Estates. The Town Manager wJ'l/ meet with staff and obtain a recommendation. ,-. Board of Selectmen Minutes of November 28, 2001 8 ,___ Guy Resh, 6 Deerpath Circle - noted a problem with motorcycles going down in back of his house along the former railroad bed. When the multipurpose trail is developed, motorized vehicles w/Ï/ not be aI/owed on the tralZ The issue appears to be an enforcement problem, Motion: To close the public hearing (McCue-Wills) 5-0 Passes Motion: To support the re-acceptance of Monahan Lane, Carlow Crossing and Corbane Drive (^^cCarter-Donovan) 5-0 Passes Motion: To lay-out and support the acceptance of Mayhew Farm Drive, Deerpath Circle, Stillbrook Lane, Smiley Avenue, Stratton Road, Homefield Drive, River Edge Road, Denwood Street, Marshall Avenue, Colonial Drive (Folkman & Zola portion) , Autumn Lane, Freedom Trail, Mayflower Drive, Old North Trail (Folkman & Zola portion), Plantation Road (Folkman & Zola portion), Colonial Drive (Mac Homes portion), Plantation Road (Mac Homes portion), Harvestwood Lane, Old Stable Drive, Carriage House Lane, and Martha's Way, subject to payment of the light bill for those owing for street lights (Mayhew Farm Drive - $373.46; River Edge Road - r $257.64) (^^cCarter-Donovan) 5-0 Passes Motion: To lay-out and support the acceptance of Old North Trail (MAC Homes portion) with the posting of a $50,000 cash bond for the repair of defective, deep sewer service; Pilgrim Road with the posting of a $6,000 cash bond for the recent pavement trench repair, Eugenia Drive with the posting of a $2,000 cash bond for repair of a leaking sewer manhole (McCarter-Wills) 5-0 Passes Motion: Not to accept Cobbler Road and Shawmut Avenue Extension until the punchlist is completed. (Wills-McCarter) 5-0 Passes Jeff Lang, Frank DelVecchio, Charlene Lavin, Mike Sams, Dennis Grady and Andy Gazzolo were present from the Finance Committee to review the money articles on the Town Meeting warrant. r-- Board of Selectmen Minutes of November 28, 2001 9 ~ Mr. Gazzolo presented their overview of the FY'02 budget. He noted they do not see any major issues with this budget. In their opinion the Town Manager is doing exactly what needs to be done. He acknowledged the fact that we are in a recession and suggested problems down the road with the FY'03 and FY'04 budgets. He noted they take a very conservative approach and would like to adopt a level- funded budget for FY'03. The revenue to support their five-year forecast is not there and they have a major concern between '03 and '04 with regard to stabilization. He noted if the Stabilization Fund is used to bring new employees on board, the revenue stream will not support the expense down the road. A flat revenue, coupled with other increases built into the budget, reduces the discretionary money to $300,000. After reviewing the articles last night, they support most of them with the exception of the addition of two firefighters. They recognize the need and would like to support the article, but want to first be sure the positions can be supported down the road. Town Manager D'Agostino noted his belief that we can support two of the positions with some level of difficulty, but not four. It appears we have an additional net amount from the State of $235,000. We appear to be on-target with local receipts and have taken a conservative budget approach in estimating revenues. Selectman McCarter noted we began the process with $1.2 million in free cash and have eliminated many of the requests. Approximately $400,000 of the requests have been withdrawn and he suggested we r leave a percentage of the remaining funds in Free Cash in case additional funds are needed in the spring. He noted the difficulty in taking money from Stabilization and the need to have some flexibility. The amount to put into Stabilization was further discussed, with the suggestion that we put $500,000 to be used for emergencies only. It would not be used at any time to offset a deficit in the operating budget. Mr. DelVechio spoke of cycles in the economy, noting the need for restraint in the first year and getting a better understanding of where the economy is going in the second year. It was noted it's not a good idea to start spending money at the beginning of a recession. It should not be used to prevent laying off employees unless it's possible to "see the light at the end of the tunnel." Town Manager D'Agostino acknowledged that to a degree the Finance Committee is correct. We appear to be in the valley of the recession right now and will probably stay there until late spring/early summer. That will be followed by the next budget cycle. While we may not be any better off, there may be an upturn in the revenue received from the State by then. The need was noted to clarify under what circumstances Stabilization could be used. In fY'04 there may be the need to dip into our reserves. The FY'03 budget will necessitate lay-offs and reductions in service without using some of our reserves. Mr. Grady noted there had been an agreement to level fund the '03 budget and asked if it's anticipated that expected r-- revenue will support that. Level funding does not support increases resulting from inflation. Salaries, benefits, and debt service comprise 80'0 of the budget. A Board of Selectmen Minutes of November 28, 2001 10 r- Finance subcommittee comprised of Mike Sams, Charlene Lavin, and Jeff Lang will be meeting with School Superintendent Moretti to review their budget. Although we will be losing some students to St. Mary's School, we will have some increased expenses in providing busses. Chairman Amoruso asked if the Finance Committee has discussed the call-check units with the Police and Fire Departments. Messrs. Gazzolo and Grady noted speaking with the Chiefs, and the question now is only where to take the money from. The suggestion was made to take it from the operating budget and, if necessary, do a reserve fund transfer down the road. Our budget has to be as accurate as possible based on the revenue we can reasonably expect to receive. Article 6 (call-check units) will be funded in the operating budget. ~ I The Town Manager: Announced the Walsh Wellsite repair work has been completed. The back wellfields were completed by the Town at a savings of about $30,000. The front wellfield was replaced by DL Marr with an increased flow and output of 1.3 million gallons per day being realized from the site. The account has a balance of $133,614 and the Water Department is asking for a transfer from this account. In article 9 we are improving the Morrison and Mahana Wells. Chief Sliney has provided justification for the two firefighters and provided the documentation to the Board via a memorandum received today. He will be taking some vacation time between Christmas and New Year's but will be staying around town. Article 3 - 2 additional firefighters/paramedics - raise and appropriate Motion : To support (Wills-Donovan) 5-0 Passes Article 4 - callback was tabled - raise and appropriate $6,000 for Train Station detail. This will settle a collective bargaining issue. Will appear in the Chief's budget. r-- Motion : To support (^^cCarter-Donovan) 5-0 Passes Board of Selectmen Minutes of November 28, 2001 11 r- Article 5 - raise and appropriate $5,000 for reserve public safety dispatchers Motion : To support (Wills-Donovan) 5-0 Passes Article 6 - Correct to read "Support 5-0 " Article 15 - $50,000 Motion : To support (Wills-McCue) 5-0 Passes Article 17 - Vote on Monday night Article 18 - Support (McCarter-Wills) 5-0 Passes Articles 20-32 withdrawn Street Acceptances - Amend to reflect those sponsored by Selectmen Special within Special to allow Selectmen to be the permitting granting authority for the Light Show allowing an additional 45 days beyond the presently allowed 5 ("' days. This will allow the Selectmen to grant the permit in conjunction with the entertainment license and to establish conditions within the license. Motion : To support (Wills-McCarter) Motion and second were withdrawn Selectman Donovan: asked if they can use a temporary generator to light the North Common for the holidays. It would not meet electrical codes. Selectmen McCarter: asked if the Town Manager has met with Mr. Montgomery regarding the Tweeter Center license. Noted checking the minutes questioned by Mr. Dentino and noted those minutes have not been released, nor was there "discussion" on the issue. The Board further discussed measures to prevent someone from obtaining copies of minutes that have not been released. r- Board of Selectmen Minutes of November 28, 2001 12 r Selectman Wills: Asked if we have a performance bond on the new trash company. Mr. D'Agostino will check Asked about having a delayed green arrow on Saturdays at the traffic light at North Main and Route 106. It is scheduled to be upgraded during the Train Station project, but it was not recommended by MassHighway when it was upgraded Selectman McCue wi/I have Kevin Doyle ask SRPEDD if they can do a signalization/intersection study on it. Chairman Amoruso: Spoke of the notice received from the Department of Telecommunications & Energy regarding public hearings to be held to investigate the equipment and rates of AT&T Broadband for the communities served by them. He suggested the Town file as the Issuing Authority to be granted the status of an Intervenor. Motion: - to file for status as an intervenor for the cable hearing and send in a letter to testify (McCue-McCarter) 5-0 Passes Expressed thanks to Trish Bolea and Jay Barrows and all those who worked on the parade for an excellent job r Selectman McCarter: Commended the football team on their excellent season Noted reading a newspaper article that Norwood is considering the idea of having their own cable company. Motion: To adjourn at 10:50 p.m. (McCue-Donovan) 5-0 Passes (/øtu./de Signature of Clerk oS ìJf/; 0 ( Date of Approval ("' Board of Selectmen Minutes of November 28, 2001 13