HomeMy WebLinkAboutmin brd of selectmen 09/05/01
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Board of Selectmen
Minutes of
September 5, 2001
RECEIVED
C1 FR~'(S OFF fCE
o SEP , 3 AM 9: 43
r'iANSFltLD
MASSACHUSETTS
Present:
Chairman Louis P. Amoruso; Clerk Michael W. McCue; Vice Chairman
Wills; and Selectmen David W. McCarter 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. 11 in the amount of $2,337,470.88
Motion : To approve
(McCarter-Wills) 5-0 with Selectman McCarter abstaining from Municipal
Building Committee payroll Passes
(' . Executive Session Minutes of August 29, 2001
Motion: To approve but not release
(McCue-Donovan) 4-0-1 with Vice Chairman Wills abstaining Passes
· Open Session Minutes of August 29, 2001
Motion : To approve
(McCue-Donovan) 4-0-1 with Vice Chairman Wills abstaining Passes
· Request for Reserve Fund Transfer of $57,200 to Historical Commission for
grant matching funds
The Town Manager advised the Board the grant application is for the
restoration of the Fisher Richard House and is for matching funds. The
Reserve Fund transfer is being requested because of the delay in the Special
Town Meeting due to the State budget not being finalized. If we do not have
funding in place, we would not be eligible to receive the grant. Presently the
building is closed to the public because of its condition. Bids would be sought
from Historic Preservation Funds. Kevin McNatt of the Mansfield Historical
r Society, and Jean Parks and Fran Sheaff were present from the Historical
Commission.
Board of Selectmen Minutes of September 5, 2001
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Motion: To recommend approval to the Finance Committee
(Donovan-Wills) 5-0 Passes
Town ManaQer and Staff Correspondence
· Memorandum from Town Engineer John Sullivan re:
Reconstruction Project
Route 106
· Memorandum from Town Engineer John Sullivan re: Route 106 Underpass
Study
Board and Committee Correspondence
· Letter from Matt Miller who is moving to Ohio and resigning his position on
the Animal Welfare Committee
Motion: To accept the resignation with regret and send him a letter of
thanks
(Wills-McCue) 5-0 Passes
State and Local Government
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· Copy of letter to Kurt Gaffney from DEP regarding Public Water Supply
Sanitary Survey
· Copy of letter to Kurt Gaffney from DEP regarding Public Water Supply
Pilot Study Report - Dustin and Prescott Wells
· Initiative Petition proposed by Peter Confrey to amend MGL Chapter 40B,
Comprehensive Permits
Residents
· Letter from David P. Fiorillo of 75 Union Street to Police Chief O'Neill
regarding the recovery of a motorcycle stolen from his residence, with a
request that the letter be read at the Selectmen's meeting
Other
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· Request from the March of Dimes for a "Corporate Walk in the Park" within
the Cabot Business Park at noon on Friday, October 12, 2001
Approved by Police and Fire
Motion : To approve
Board of Selectmen Minutes of September 5, 2001
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(Donovan-McCue) 5-0 Passes
Nick Cabero and other representatives of the Mansfield youth community
addressed the Selectmen and asked that an article be put on the Special Town
Meeting warrant to build a skateboard park. Presently they go to Newport, Rhode
Island, to use a skateboard park. The Foxboro skateboard park can be used with
the purchase of a $30 annual pass. They believe at least one hundred kids would
use the skateboard park. Selectmen assured them that if we can find the money to
provide it, we will be glad to do so. There will be a request at the Special Town
Meeting for $177,000 for the construction of the park.
Kevin McNatt of the Mansfield Historical Society invited the public to their Annual
Founder's Day Program this Saturday, September 8th, at the Copeland House on
Rumford Avenue from 1:00 to 4:00 p.m., with a special visit at 1:30 p.m. from
President Calvin Coolidge, with a presentation of "More Than Two Words," based on
the life of President Coolidge.
r George Dentino of Gladiola Terrace spoke on the rubbish situation, noting the Town
is in a lawsuit with the contractor (NEED) and he had researched the matter
further. The litigation is only an injunction to prevent NEED from discontinuing
collection and questioned why the Town never addressed the issue of the change in
law. Mr. D'Agostino advised him that NEED has not advised the Town of the change
in law and the issue has been timely renewal, which the Town believes it has done.
Mr. D'Agostino noted we were advised verbally of the change in law after the
deadline for the contract extension. Chairman Amoruso noted the Town is meeting
with NEED tomorrow and it's always easier to talk now and sue later. We are still
paying $62. and the rubbish is still going to NEED's transfer station which,
according to the contract, is his destination point. Mr. Dentino noted that
according to contract NEED's destination place has to be a certified disposal site.
He noted his belief that the disposal site cannot be his transfer station and that it
was supposed to go from Mansfield to a certified landfill with a scale. Mr.
D'Agostino read a June 17, 1998 letter from NEED addressing the subject. Mr.
Dentino asked how he became the "uninformed source" referenced in the letter.
Mr. D'Agostino noted the issue was raised at a public session some time ago and was
not in response to his comments. Based on the letter, the Town was comfortable
with the situation. It was a loophole that has since been closed Mr. Dentino asked
that the certification of the disposal site be further investigated, noting the
r disposal site was supposed to be provided for the length of the contract, including
the extension option years. He also asked what the other haulers provided as
Board of Selectmen Minutes of September 5, 2001
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r disposal sites. He further asked if a performance bond had been posted. It was
not, and we're working to resolve that issue. He noted that once the trash hits
NEED's truck and leaves Mansfield, we no longer own it and it becomes his problem.
Selectman McCarter noted we have issues that need to be resolved and picking up
the trash is important. We are working to continue with this contract, as well as a
backup plan in the event pickup by the present contractor is suspended Town
Manager D 'Agostino assured Townspeople that he is committed to continuing trash
pickup within the Town budget and to doing everything possible to have a
contingency plan in place with no more than a 24-hour interruption in service if the
present contractor defaults.
William Gerber of 362 Central Street spoke in support of the skateboard park and
noted Karl Clemmey has guaranteed $5,000 towards it if he gets approval on his
project. He also spoke of cars parked on both sides of Cobb Street this weekend
when someone was having a party and the inability of a fire truck or ambulance to
pass through that road. He further noted a black pickup truck that parks on the
sidewalk and the problem with trying to make a turn onto Cobb Street. He urged
them to eliminate parking on one side. It was suggested that Ptlm. Lawson look at
the situation and make a recommendation. Mr. Gerber also noted that in New
Jersey, where he formerly resided, homeowners were held responsible if an
r individual left a private residence and was arrested for driving under the influence
of alcohol. He asked why the Tweeter Center is not held responsible when they
leave there under the influence of alcohol. Discussion ensued as to the liquor
liability laws in the Commonwealth of Massachusetts.
Peter DeTrolio of Elm Street advised the Board that on August 24th he could not
stay in his house because of the noise from the Tweeter Center during the
Godsmack concert, and again on Saturday night during the Jimmy Buffet concert.
He stated the glass in the windows was actually vibrating and asked the Selectmen
to do something about it. He has filed a noise complaint with the Board of Health
and feels that for the $6,000 plus he pays in taxes, he has the right to live
comfortably in his house. He next discussed liquor violation regulations, in
particular the open container law, which clearly says you cannot carry a container of
beer, wine, or whiskey in any place other than an establishment. This would make it
illegal to be drinking in a parking lot of any facility. Vice Chairman Wills noted his
concern with the matter when negotiating the Tweeter Center license. He noted a
rape arrest reported at Tweeter and said we don't have enough police there if that
can't be controlled Chairman Amoruso suggested asking the Police Chief for
additional information and further discussion of the levels of staffing in an
Executive Session.
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Board of Selectmen Minutes of September 5, 2001
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Shaun Burke, Director of Planning and Development, was present to update the
Selectmen on the status of the bike trail. He reviewed how the bike path came
about in the late 1980's when the Recreation Department was in contact with Lt.
Col. Lester McGoldrick and since that time has filed many grant applications, with
funding being awarded in 1998. At the time of the award, the bike trail was
proposed to run from the Train Station in Mansfield to the Treatment Plant in
Norton. Subsequent to that time Norton chose not to participate and the trail was
shortened. Vanasse Hagen & Brustlin (VHB) was hired and we are currently at the
75'0 design stage. The 100'0 design should be completed and filed with
MassHighway for their review by the end of October. He's anticipating that by the
beginning of the year we will have approval and be ready to go out to bid mid-winter
with construction beginning in the spring. We must spend the funds between
October ¡st and September 30th. The trail will be 2.2 miles running from the Train
Station to the Airport on Fruit Street. Selectmen McCarter expressed his hope
that when it's completecl, Norton will see how good it is and change their minds
about participating. MassHighway was pleased that we had chosen to name the trail
the World War II Memorial Trail, but it was a local decision to do so. Senator
Sprague's office is working on a House resolution.
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Wayne Darrah, Vice President of Communities Opportunity Group, was present to
discuss the grant application he has been hired to prepare. There will be
approximately $137,500 from the grant proceeds to go towards administration of
the total of $500,000. The application would be implemented on a 14-month
schedule, with 20 months being a reasonable length of time to complete it. Gale
Farrugia, COA Director, expects we will have a waiting list for seniors and will end
up with 18-20 units when we're finished. There will be an open application period
should we receive the grant, then a lottery to establish the waiting list. There will
be provisions and guidelines for individuals with emergency needs. A community
action committee will need to be set up to hear grievances under the program that
cannot be worked out at the administrative level or when waivers are being sought
when the matching contribution cannot be met. He noted housing rehabilitation
programs are popular because they provide real benefits and there is no question as
to who is getting the assistance. People will also be getting qualified contractors to
do the work without fear of substandard performance, with inspections being done
to assure this.
r Motion: To sign and submit the application
(McCue-Wills) 5-0 Passes
Board of Selectmen Minutes of September 5, 2001
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Motion: To authorize the Chairman of the Board of Selectmen to write a support
letter for the application
(Wills-Donovan) 5-0 Passes
Decision letters for the award of the grant are anticipated sometime between
Thanksgiving and Christmas. There is $5 million available and this firm is
successful more than 99% of the time in securing funds.
The Town Manager provided the Board with a memorandum noting no letter has
ever been sent to the McNeeleys. A letter of reprimand would now be appropriate.
Motion: To sent a letter of reprimand by certified mail
(Donovan-Wills) 5-0 Passes
r The Town Manager reported:
· The Route 106 Underpass Study is at the 50'0 submission phase and is
expected to be at 90'0 by October 1st. We're looking at a multi-million dollar
fix that the study will break down into funding phases. A meeting was held
with GA TRA and Lee Azinheira and we're advocating for a 25-year fix at a
cost of $10-20 million. The report indicates there is serious failure of the
underpass. The sidewalls are structurally sound but require surface and
joint repairs. An attempt will be made to do the work in conjunction with
the Train Station project.
· There is a Sister City meeting at the Baker's house on September 6th at
7:00 p.m. and a group of citizens has decided to have Mansfield, MA, host
the group in 2004.
· We're working with Kevin Doyle of the Elks for a Saturday morning event on
October 8th for a senior citizens appreciation brunch.
· Is scheduled for a Senior Coffee Hour on Thursday, September 13th, and will
bring Jack Beliveau to update them on the electric distribution system
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Board of Selectmen Minutes of September 5, 2001
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· Is scheduled to meet with Hope Street residents on September 20th to
address lighting issues relative to glare. We need to propose a fix that will
include new lighting and poles, with glare shields on the lights at a cost of
$200-300,000. Selectmen Donovan suggested trying just glare shields to
see if that would solve the problem. Town Manager D'Agostino noted there
is also a problem with the safety and security of the poles.
· Mansfield Music and Arts Society has requested a sign location on the South
Common for their annual festival and to use the back parking lot on Saturday
and Sunday, September 23rd and 24th. He will have DPW coordinate it with
them.
Motion: To allow MMAS to put up the requested sign and to use the back
parking lot with coordination by the DPW Department
(McCarter-Wills) 5-0 Passes
· There is an Eagle Scout candidate who has taken on construction of a bocce
court as his project and we are working with him.
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· There is a memorandum from Kurt Gaffney addressing the question of the
water model policy and who pays for it. We currently do not have the
technology to do the model ourselves, and we also want an outside source to
check the calculations as it provides a system of checks and balances. He
credited the proposal for the water park as being the impetus for the water
policy, which has become a model for others.
Selectman McCarter:
· Asked about the status of the mediation on the Jordan Jackson roof.
Language is being worked out on the agreement with Seal-coat and a
consultant has gone out and looked at some of the roofs they have done.
The agreement is intact, but the guarantee needs to be verified
· Asked about the Police Department's ability to provide the Train Station
detail. It has been covered for most of the time and there may be a request
for $5,000 to bring someone in when shifts fall below a certain level.
Vice Chairman Wills:
· Asked if we got an earth removal permit for the removal of the earth at the
r Highway Garage. We did site plans and we wi'll check on whether we needed
permits. None of the earth was moved out of Town.
Board of Selectmen Minutes of September 5,2001
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· Asked who owns DeJonco (J. P. Smith) and if he works for the Town. He is
our subdivision inspector. He also asked if he still owes the Town taxes.
There is a general policy in effect about hiring people who owe the Town
money and the Town Manager will check on it. We are doing the work on the
new field ourselves and wJ1l therefore not have to pay prevailing wages. The
project would not have been able to be completed if we did not do some of
the work internally. Some of the work did go out to bid and is being done by
outside contractors. He questioned why there wasn't money and manpower
when he asked for weeding and line painting to be done, but it's available for
us to be a general contractor. The Town Manager noted we had to wait until
July ft to get the money for line painting and the problem was one of timing.
We are no longer able to use pesticides for weed killing and he would not put
someone's pesticide license in jeopardy by having them do so.
· Asked that Bea Kearney and Richard Boucher be brought in with the
auditors for an update on if they found the money that was unaccounted for.
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· Asked the status of the Hercules project. It's going before the
Conservation Commission and we wl1l be installing monitor wells. Abutters
have been notified and invited to the hearing.
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· Asked about rates for Town Counsel. If the Board wants to get that
information, we will send out an abbreviated RFP with quotes for rates and
qualifications. He noted he is not happy with the current services and wants
to explore whether we can do better for the Town.
Motion: That we look at other law firms for qualifications and rates and
have them in for discussion.
(Wills-McCarter)
The Town Manager noted other instances of using the RFP process that
saved the Town money, but noted the RFP process does not reflect how well
an individual would work with the Board. Selectman McCarter noted his
surprise last week to learn there have been actions fl'led that the Board has
not been made aware of and questioned the controls in place. He suggested
the action of suing someone should be a policy decision. Chairman Amoruso
noted instances where the Building Inspection needs to bring an action
against someone. Selectmen McCarter noted there needs to be better
communication between Town Counsel and the Board of Selectmen.
Selectman Donovan suggested there are day-to-day decisions that have to
be made that make it impractical for the Board to be involvecl, but there are
some actions the Board should be made aware of. The Town Manager
Board of Selectmen Minutes of September 5,2001
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r acknowledged that the Board should have been copied when an injunction was
filed recently against the trash company. The concern was expressed about
what controls we have over the expenses that are incurred Discussion
followed regarding various instances of the use of Town Counsel.
The motion and second were withdrawn
· Tuesday night is the Light Commissioners meeting at 7:30 p.m.
Clerk McCue:
· Asked for more surveys on the Saturday Town Meeting vote and noted that
the lack of a State budget has given us more time. He will present a draft
of where the trend is going at the next meeting.
Selectman Donovan:
· Noted Motorola was sold to a company in California and they're going to keep
their headquarters in Mansfield
Chairman Amoruso:
· Noted the two dates proposed for meeting with Norton on the water bill are
September 25th or September 27th. The Board preferred Tuesday,
r September 25"h and we'll invite them here.
Selectman McCarter:
· Suggested work be done on a policy for filing lawsuits
Vice Chairman Wills:
· Noted he would not be able to attend the Harvestwood block party Saturday
Clerk McCue:
· Noted the Board's receipt of a letter from Rep. Parente informing us of a
petition started for the amendment of Chapter 40Bto bring some of the
control back to the community. They need 57,000 signatures on the
petition. If people are interested, they may want to sign the petition.
Chairman Amoruso:
· Ask for sound levels from the Godsmack and Jimmy Buffet concerts
· Asked that the draft policy for letterhead be put on the agenda for
r discussion at the next meeting
Board of Selectmen Minutes of September 5, 2001
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Motion: To adjourn at 10:40 p.m.
(McCue-Donovan) 5-0 Passes
1~.1!fIv
v Signature of Clerk
/:1. 5trO(
Date of Approval
Board of Selectmen Minutes of September 5, 2001
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