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HomeMy WebLinkAboutmin brd of selectmen 10/17/01 Present: '" ',:'. \"-LD i·'~J~/;¡" ·.~.~)í tt. . t"ASSþl,CHUSETTS 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 ! ~,EÇEIY,f~F¡: ICE. Board of Selectmert! ' , ., '.." ' Minutes of 0 \ Gel 25 M~ 8: 29 October 17, 2001 r The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Warrant for Special Town Meeting called by citizens petition for November 6, 2001 Motion: To sign and post (Donovan-McCue) 5-0 Passes r · Warrant No. 17 in the amount of $2,247,533.91 Motion : To approve (Wills-McCarter) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll Passes · Minutes of October 10, 2001 Board of Selectmen's meeting Motion : To approve (McCue-McCarter) 5-0 Passes · Drainlayer's License Application of Feeney Corporation, 426 Wareham Street, Middleboro - recommended for approval by Town Engineer John Sullivan Motion: To approve the drainlayer's license of Barrows Contracting (Wills-Donovan) 5-0 Passes ,,--. I Board of Selectmen Minutes of October 17, 2001 1 r- Town Manaoer and Staff · E-mail from Ptlm. Lance Lawson with recommendations on the following citizen requests: Crosswalk requested by Village at Willow Crossings at Cobb and South Main Streets - waiting for projected pedestrian volume; Federal and state traffic engineers do not recommend mid-block crosswalks Highland Avenue - waiting for a signed letter from the anonymous resident Boards and Committees · Invitation from Southeastern Regional School District Committee to meet with them on October 23rd at 7:30 p.m. to review the current assessment process; RSVP to Jane Lacerda at 508-238-4374 by 10/19 Selectmen Donovan, Vice Chairman Wills, and Town Manager D'Agostino will attend. Other Selectmen will attend if their schedules allow. Residents · Letter from David Charles Malay of Branch Street in opposition to the proposed elimination of crossing guards at two locations r · E-mail from Dawn VanVliet of 5 Pineview Terrace asking for fiscal restraint and consideration of the diversity of financial circumstances of Mansfield's population when the tax rate is determined It was explained that the property assessments have increased, but the tax rate will decrease. Overall the amount collected cannot be more than 2.5% above last year, excluding any overrides. The Selectmen also need to determine the allocation between residential and commercial/industrial ratepayers. Others · Letter from VFW inviting the Selectmen's participation in the Veterans Day Ceremony and to march in the Veterans Day Parade to be held on Monday, November 12th, beginning at 10:00 a.m. · Letter from Ken Butler of Mansfield Music & Arts Society offering to hold their special town meeting as part of the town's special town meeting when the date is set · Letter from Attorney James R. Kelly re: cleanup of the Clemmey tank property r- Board of Selectmen Minutes of October 17, 2001 2 r . Letter from Self Help announcing the awarding of a $250,000 grant that will allow us to move forward on the acquisition of the Essex Street parcel. A warrant article is recommended to take the grant money and deposit it into the Conservation Commission's land acquisition account for future land acquisition. The consensus of the Board was to prepare a warrant article for $250,000 for the Special Town Meeting. Joe Courtemanche, Branch Street - asked about the work to be done on Branch Street, noting it was previously stated the trench would be repaved this past summer and it has not been done. He explained the history of the problem and suggested that the asphalt plants will be closing soon. He expressed his concern with winter approaching. The Highway Department will be present at next week's meeting to update the Board on the work being done by the Highway Department. r The Notice of Public Hearing, as it appeared in the Sun Chronicle, was read by Clerk McCue. Motion: To open the Public Hearing at 8:05 p.m. (McCarter-McCue) 5-0 Passes David R. Flewelling, Regional Utility Coordinator for AT&T Broadband, was present to discuss the petition of AT&T Broadband for the location of manholes and conduit throughout the Cabot Business Park as described in their petition. Mr. Flewelling explained the conduit installation is to provide services to the businesses in that area. The job had been started and was stopped when they became aware that a permit and hearing were necessary. Staff comments were read as submitted by Shaun Burke, Director of Planning and Development; John Sullivan, Town Engineer; and Jack Beliveau, Director of the Light Department. Mr. Beliveau suggested the Selectmen reject the petition because of work planned by the Light Department and the need to coordinate the work with them. Town Manager D'Agostino suggested that since none of the conflicts are insurmountable" according to Mr. Beliveau, the Selectmen could vote to allow the work with the condition that all conflicts be resolved prior to any road cut permit being issued. r- Board of Selectmen Minutes of October 17, 2001 3 r Mr. Flewelling noted AT&T Broadband and the Mansfield Light Department are using the same engineering consultant and are working to resolve any conflicts. Chairman Amoruso suggested asking AT&T Broadband to agree to putting their lines underground through the center of town at their expense as a concession for approval of this petition. The promise was made long ago to do so, and has never been delivered. Selectman McCarter noted the need to have this project done within the Cabot Business Park. Mr. Flewelling stated AT&T Broadband also expects to have plans ready for Grove Street/Route 495 in the near future. Joe Courtemanche of Branch Street asked if the Town gets any money from the deal when the conduit goes underground as they do when the poles are used. They do not and the only opportunity to generate revenue from the work would be in the future re-licensing of the cable provider. Clerk McCue asked for confirmation that there will be further opportunity to get the cable buried on North Main Street. Chairman Amoruso suggested getting an agreement from them to honor their prior commitment. Motion: To close the public hearing at 8:34 p.m. (Wills-McCarter) 5-0 Passes r Motion: To postpone the Alcohol License Transfer Public Hearing for ten minutes. (Wills-McCarter) 5-0 Passes Motion: To grant the petition, with a road opening permit not being granted until both the Light Department and Highway Department are satisfied that the conditions they set during the review process have been met and with the understanding that the next petition of AT&T Broadband for the Grove Street/Route 495 project will include an agreement to honor their prior commitment to bury the conduit on North Main Street in conjunction with Verizon burying the phone lines. (Donovan-McCarter) 5-0 Passes Clerk McCue read Notice of Public Hearing Motion: To open the public hearing (McCue- Wills) 5-0 Passes r- Stephen Cerullo and Michael Cataldo,Jr. were present to discuss the application for the transfer of the all alcohol restaurant license at C. J. Scooters to Chamberlain Board of Selectmen Minutes of October 17, 2001 4 r Avenue Enterprises, Inc., Stephen J. Cerullo, Manager. Mr. Cerullo stated he's been in the business for over twenty years. He presently lives in Norton and owns another business in Wrentham that he bought and built up. He stated his intent to renovate the diner and sees it as an untapped resource. Michael is a childhood friend and insurance agent who will be a silent partner. Mr. Cerullo will be offering breakfast and lunch and would like to be able to serve late night breakfasts from 11:00 p.m. to 1:00 a.m. Lori Berneburg will remain at C. J. Scooters and will continue to cook. Clerk Wills noted the overdue taxes and bills owed by the owner of the real estate and the current business owner. Ms. Berneburg said she is assuming the debt and has entered into an agreement with the Treasurer/Collector to pay the outstanding debts at the time of closing. She asked that the license transfer be approved contingent upon the payment of the outstanding bills. The following documents were reviewed and considered in the transfer and pledge of the license: r · Town Counsel Opinion re: License transfers and municipal tax arrearages · Memorandum from Town Treasurer/Collector Richard V. Boucher with letter of Attorney Mark C. Gildea attached re payment of outstanding municipal charges relating to 16 Old Colony Way at the time of the closing · Matrix of Liquor License Transactions (Transfer of License; Pledge of License) · Department Head Review/CORI Report · ABCC Form 43 · ABCC Form 983 · ABCC Form 997 - Petition for License Transaction · ABCC Application for Alcoholic Beverage License for Retail Sale · Articles of Organization of Chamberlain Avenue Enterprises, Inc. · Vote of Directors · ABCC Form A - Change of Managers; Transfer of License · Purchase and Sale Agreement · Lease · Three letters of reference Motion: To close the public hearing (Donovan-McCue) 5-0 Passes Motion: To approve the transfer of the license contingent upon the payment of r- the outstanding obligations. (Donovan-Wills) 5-0 Passes Board of Selectmen Minutes of October 17, 2001 5 r- The Town Manager reported: · We have a scheduled a budget task force meeting on October 29th at 4:30 p.m. The Selectmen are invited to intend. r · The EPA will be hosting an informational meeting on the clean up of the Hatheway Patterson site tomorrow night at 7:30 p.m. in Room 3AB. The Board will be meeting with Pam Harting-Barrat at 6:15 p.m. We hope to eventually get a commitment from EP A to allow us to go under the train tracks to get direct access to County Street from the Train Station. Selectman McCarter asked if the Train Station project helped us gain super-fund site status. Mr. D'Agostino explained the process utilized, noting it was helpful. Various questions were raised that will be addressed at the meeting with Dr. Harting-Barrat. It appears that it may be possible to have the clean-up process well underway during the construction of the Train Station project. VHB will be scheduled to make a presentation mid- November to discuss plans for fixing the Route 106 underpass. Possible uses for the Hatheway Patterson site will be discussed at tomorrow night's meeting. The property will be cleaned up to the level for light industrial use. · Town Hall will be closed Monday, November 12th, in observance of Veterans Day. It will also be closed from 4:00 p.m. the day prior to Thanksgiving and will re-open the following Monday. · The field project behind the school has drawn much attention and he invited the Board to stop by to observe the unrolling of the synthetic surface. The lights are a computer generated design to allow every square inch of the field to be evenly and properly illuminated. The work done by DPW in cooperation with electrician Michael Galanti has created a close bond between the School Department and Town, with the project being completed at a significant savings to the Town. There is the possibility of the field being ready for play by Thanksgiving, with the junior varsity game being played there. It is anticipated the field will be in use every day of the week from 2:00 p.m. to 10:00 p.m. nine to ten months of the year for various sports. r · It is hoped the Route 106 underpass project meeting in mid-November will garner a commitment from the State and Federal Government for design funds. If nothing is done in the next five years, both the bridge and underpass will require replacement. It is expected to cost $11.3 to $15 Board of Selectmen Minutes of October 17, 2001 6 r million and the Selectmen were encouraged to review the plans that have been made available. · J' ohn McNabb of the Clean Water Action Committee will be meeting with the Selectmen next week to discuss a "take-back" program whereby cathode ray tubes and other household hazardous materials will be required to be taken back by the manufacturer. He will be asking the Board to support a resolution to that effect. Selectmen McCarter: · Asked about the opening of the Judge Rotenburg Center house on Aspen Street. The Town Manager will get a status update. Vice Chairman Wills: · Noted Kendall's approval for the crosswalk and signal need to be coordinated with the Light Department regarding trench and conduit work. r Clerk McCue: · Asked if the letter has been sent to Amtrak regarding our bridges. It has been prepared and will be going out tomorrow with pictures showing the comparison between Mansfield and Sharon. · Asked about the revisions to the application for Boards and Committees · Asked the status of the liquor license violation form he forwarded from Marshfield. Bob Mangiaratti to review. · Approached Kevin Doyle about serving as Selectmen's SRPEDD representative. Mr. Doyle has submitted his application and he suggested he could perhaps be appointed as an alternate so he could attend the meeting of the 24th. Motion: To appoint Kevin Doyle as alternate until a permanent appointment is made during the appointment process. (McCue-Wills) 5-0 Passes He will also be asked to meet with staff prior to the SPREDD meeting of October 24'" to be updated on the Town's concerns. r- Board of Selectmen Minutes of October 17, 2001 7 r Selectman Donovan: · Asked about a traffic request from Highland Avenue. Were waiting for a signed request. Selectman Donovan: · Noted people have come in and asked how the Board will be voting on various issues. He feels it's wrong for them to be asked this and noted it is a personal decision. Selectman McCue: · Will be attending a workshop on Community Development Grants and hopes to be able to bring back valuable information to the Board r · Asked for a comment on the Town's response to the incident at the Post Office on Monday. The Town Manager noted his pleasure with the response of the Police and Fire Departments to a package at the Post Office with a suspicious substance on it. The area was sealed off and decontaminated and the package was sent off to the Department of Public Health for analysis. The Postal Inspector from Boston came down and took charge of the site and our public safety personnel stayed on-site until the Post Office was reopened at 1:30 p.m. We are setting up a series of meetings at the Council on Aging with the various housing facilities for seniors and various Town officials to explain our action plan to protect our resources, advise them of how they should treat suspicious situations, and to allay any fears they may have as to their safety. We have also addressed the situation internally and have met with the School Department. A response mechanism is in place to provide for the safety of our employees and residents, as well as our resources. Clerk McCue noted the seriousness of the situation with hoaxes and noted one prankster is looking at 5 years in prison and a $3 million fine. Selectman McCarter: · Noticed a radar unit on the police cruiser and asked if we purchased them. It was purchased by a resident for donation to the Town. · Noticed we've filed suit against our former trash contractor and noted breach of contract has been added to the complaint. The Town Manager noted overall the transition to the new contractor has gone well r- , Board of Selectmen Minutes of October 17, 2001 8 r · Noted Senator Sprague's bid for U.S. Congress was unsuccessful, but is good news for us as we get to keep her as our representative. Chairman Amoruso: · Will be setting up a Chairman's meeting and invited the Board's participation if they choose to do so. He welcomes their input and noted he is willing to hold the meeting either on a regular meeting night or another at the Board's will. · There is an Elks breakfast on Saturday · The dedication of the new Gilbert Street Substation also will be held on Saturday from 10:00 a.m. to 2:00 p.m. and invited residents to attend. Motion: To adjourn at 9:50 p.m. (McCue-Wills) 5-0 Passes r .d/Â4 v Signature of Clerk aJ{ ocr 0 ,_ Date of Approval r Board of Selectmen Minutes of October 17, 2001 9