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HomeMy WebLinkAboutmin brd of selectmen 09/05/01 (' 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 1 (' 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 r · 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 r · 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 2 r (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 3 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. r Board of Selectmen Minutes of September 5, 2001 4 r 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. (' 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 5 r 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 r Board of Selectmen Minutes of September 5, 2001 6 r · 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. r · 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 7 r · 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. r · 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. r- · 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 8 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 9 r r ~ 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 10