HomeMy WebLinkAboutmin brd of selectmen 06/20/01
Present:
RECEiVED
TOWN CIJR~S Off ICE
01 JUN 28 AM 8: 41
June 20, 2001
~'\ANSf IELO
Chairman Louis P. Amoruso, Chairman; Michaet1~~~Eä~tfe~lSVice
Chairman Bradford E. Wills; and Selectmen David W. McCarter and
Daniel Donovan.
Town Manager John D'Agostino
Board of Selectmen
Minutes of
r
· Warrant No. 52 in the amount of $5,453,505.39
Motion: To approve and sign
(Wills-Donovan) 5-0 with Selectman McCarter abstaining from
Municipal Building Committee payroll Passes
. Minutes of June 13, 2001
Motion : To approve
(Wills-Donovan) 5-0 with Selectman McCarter abstaining from the portion
('" of the meeting at which he was not present Passes
· Request for transfer of $10,100.00 from Reserve Fund to Public
Buildings/Special Projects for unanticipated increases in electric and heating
costs. Clerk McCue asked if it is anticipated that there will be additional
requests. Town Manager D'Agostino indicated they are anticipated, and they
will be in the area of electricity and fuel. Shortfalls were anticipated due to
unexpected increases in these line items.
Motion: To recommend approval of the Reserve Fund Transfer to the Finance
Committee
(Wills-McCue) 5-0 Passes
. One Day Beer and Wine License for Tri-County Beagle Club's Members Clambake
and Dance on Saturday, July 7th from 11:30 a.m. to 11:30 p.m.
Motion: To approve
(Wills-McCarter) 4-0-1 with Selectman Donovan abstaining Passes
("'..
· Request from Rodman Ride for Kids to pass through Mansfield on Saturday,
September 20th. Approved by Po/ice and Fire Chiefs
Board of Selectmen Minutes of June 20, 2001
1
, ..
r Motion : To approve
(McCarter-Wills) 5-0 Passes
· Request from Downtown Business Association to close North Main Street on
July 11th from 5:30 p.m. through 10:00 p.m. for their Annual Sidewalk Sale.
Approved by Police, Fire and DPW
Motion : To approve
(McCue-Wills) 5-0 Passes
Town Manager and Staff Correspondence
· Memorandum from Kurt Gaffney, Water Operations Manager, requesting
approval of Water Main Extension for Castle Hill Estates
Chairman Amoruso noted the request is well under the limits and suggested
approval.
Motion: To approve the water main extension for Castle Hill Estates
(Wills-McCue) 5-0 Passes
r-
· Request for waiver of water connection inspection fee for St. Mary's Church
Motion : To approve the request
(Donovan-Wills) 5-0 Passes
· Copy of letter from DPW Director Lee Azinheira to Duane Knapp, Norton Water
and Sewer Superintendent re: reconstruction of Reservoir Street in Mansfield
· Copy of letter from DPW Director Lee Azinheira to George Young, Foxborough
Board of Health Agent, re: Mansfield Bleachery located in Foxborough at the
Town Line
· Memorandum from Louis Costa, MIS Director, requesting approval of the job
description for MIS Network Support Technician that is funded at 19 hours a
week starting July 1st. It is a permanent, part-time position without benefits.
Selectman McCarter expressed the desire to have one person with a
respectable salary serving both the Town and Electric Department.
Motion: To approve the job description
(Donovan-McCue) 5-0 Passes
r-
Board of Selectmen Minutes of June 20, 2001
2
r · Copy of Job Posting for Senior Engineer for Engineering Department that is
funded for 37.5 hours per week starting July 1st. The position was approved by
the Selectmen in December.
· Job Description for Social Services Part-time Receptionist/Clerk for position
funded starting July ¡st. This is an existing position that is currently vacant
Motion: To approve the job description
(Donovan-McCue) 5-0 Passes
· Job Description for Council on Aging Outreach Worker approved at Town
Meeting. This is a new position that was approved at Town Meeting.
Motion: To approve the job description
(Donovan-Wills) 5-0 Passes
Bill Gerber, 362 Central Street - asked if the videos being taken of properties for
assessment purposes can be viewed for zoning violations and enforcement. Town
r Manager D'Agostino noted it is a good suggestion, but this component is not
intended for zoning purposes. If there are unregistered vehicles on a property, the
Police Chief can be notified. Building Code and Zoning violations can be reported to
the BU/ïding Inspector for enforcement. We cannot take pictures for assessment
purposes and use them for another purpose.
Chairman Amoruso reminded the public that the Duck Race is next Wednesday, with
ducks available for $1. each at the Recreation Department Office.
Police Chief Arthur M. O'Neill addressed recommendations raised in the
management study.
. Staffing levels in relation to activities - the Chief noted there were
deficiencies in the report because of poor record keeping whereby not all police
activities were accurately recorded. This resulted in the appearance of
overstaffing for the number of activities conducted. He reviewed the number
of calls since the record keeping issues have been addressed, indicating proper
r- staffing levels.
Board of Selectmen Minutes of June 20, 2001
3
r · Management of pro-active time is minimal - the report was inaccurate. He
reviewed the many activities that are being conducted that were not previously
reported. He spoke of monitoring the sale of alcohol at package stores when
there are no calls for service and officers patrolling on bicycle and on foot.
Intersection enforcement, parks and playground patrols, community interaction
and presence, building checks. The Chief reviewed various duties that have
been assigned to each shift.
· Detectives being staffed adequately but not being effectively managed - the
suggestion was made that on-duty personnel could staff the intersection and
train station details. A case management system has been adopted by the
detectives. The Court Officer is doing reports on her activities and the
evidence locker has been straightened out.
· Tweeter Center Negotiations - the Chief took issue with the comments because
he does not negotiate outside of his participation in the license. The
administrative tasks for Tweeter, such as details, have always been managed by
the Police Department and he gets involved only in special shows.
· Move Administration to the same shift as the Chief - the chief believes that
r would make one shift "top heavy" and other shifts understaffed.
· Relationship of the Police Chief to the Town Manager - the Chief noted there's
no question as to what the relationship is.
· The organizational chart - he believes it is well-balanced.
Selectman McCarter noted his belief that public safety personnel need to be
bolstered, stating we've spent time and money meeting the needs of other
divisions at the expense of Police and Fire in the last few years.
· The Train Station - he cannot promise that he will always be able to have an
officer there. There have been times when it hasn't been covered due to lack
of a detail officer. The Town Manager indicated we anticipate we'll be able to
cover 90 percent of the commuter exodus at the Train Station with patrol
officers. Selectman Wills noted the crime rate has dropped, but today at 4:45
p.m. he saw two officers at the donut shop and one at the commuter lot. He
suggested that we should follow the recommendations of the studies we pay so
much money to have done.
The Chief stated the individuals doing the study do not really know the town. They
r may be familiar with other parts of the country, but not necessarily Mansfield. We
need a shift commander and two patrols on every shift. Clerk McCue asked if the
Board of Selectmen Minutes of June 20, 2001
4
r professional organizations to which the Chief belongs recommend any minimum
staffing levels and if we're below the levels recommended. The Chief said he
doesn't have the figures in front of him, but he believes we are below the levels
recommended.
The Chief further reviewed the changes being implemented, including annual
inspections of each operation, a career development program, and increased
enforcement aimed at under-age drinking.
The Chief reiterated the fact that the department is not nearly as idle as the log
items indicated when the study was done. The Town Manager noted the need to
look at and record the types and numbers of calls for service and to evaluate the
situation in a year's time. Clerk Wills pointed out the recommendation of the study
for monthly written reports and quarterly meetings. The Chief noted he meets
with the Town Manager on a regular basis and does not see the need for more than
semi-annual reports to the Board. Chairman Amoruso noted such reports would also
keep the public informed. Clerk McCue asked if we took advantage of the "Cops
Fast-Cops More Program." The Chief detailed our efforts to do so, but noted the
various problems encountered that made it impossible to implement the program.
r Town Manager D'Agostino reported there were two meetings with the Chief on the
use of defibrillators. He noted we can staff the parking lot at 85-90 percent of
the time, pointing out that each detail is a four hour minimum with actual traffic
management being done approximately 55 minutes of that period. We will continue
to work with the Union in working out an arrangement for public safety at the Train
Station without incurring $120.00+/- in expenses per day to do that. The Chief
noted that all other details are paid for by the party needing them and suggested
that MBT A is passing off their responsibility onto the Town. Selectman Wills
suggested that Mr. Ditchman be charged for a portion of the detail for cars using
his lot, since the owners of other private lots are responsible for payment of
details. The suggestion was also made to investigate the possibility of putting our
share of the parking fees into a revolving account to pay for police details.
Chief O'Neill reported that the bids for the motorcycles and cruisers came in
slightly higher than expected, leaving him short for the purchase, but with a
significant amount of money he would like to use for the purchase of a trailer for
traffic enforcement. We are all set for
Motion: To approve the trailer purchase
(Wills-McCarter) 5-0 Passes
r
Board of Selectmen Minutes of June 20, 2001
5
r The Chief requested approval to declare a 1989 motorcycle surplus and to put it out
for bids. It is the motorcycle donated years ago by Great Woods Performing Arts
Center and has been replaced by a 2000.
Motion: To approve declaring the 1989 Harley-Davidson as surplus
(McCarter-Donovan) 5-0 Passes
Brian Leahy of TrammelCrow Company, development coordinator for the Erin Center
Project, made a courtesy presentation to the Selectmen.
Other team members present were Attorney Michael Bliss of Connors & Bliss, and
Robert Woodland of Rizzo Associates, traffic engineers.
The site is 34 acres bounded by Norfolk Street, West Street, and Route 140. It is
zoned for industrial purposes and has been used for different purposes over the
years. He showed the portion of the property in which Shaw's Supermarkets was
interested in a few years ago. At that time the Planning Board was supportive.
Shaw's has renewed that interest and has received support from the Planning
Board. The complex would also include in Phase II a Home Depot, a full-service
r restaurant, an office supply store, and a bank. They have been in front of the
Mansfield Conservation Commission for Phase II and have received an Order of
Conditions. The Massachusetts Environmental Protection Agency (MEPA)
Certificate was applied for last summer and the environmental impact report (EIR)
has been prepared. The fiscal impacts of this type of development would be short-
and long-term for the town. Construction contracts are in excess of $13 million for
one to two years of development. In addition, real estate tax revenue would be in
excess of $400,000 per year estimated conservatively. The site plan has been
done by Appledore Engineering, with twelve of the thirty-four acres being left as
green space. A drainage study has also been done by Appledore Engineering and has
been thoroughly reviewed by Town Engineer John Sullivan. A sound study has been
conducted and mitigation measures have been incorporated into the plan. The
proposed development meets or exceeds all of the required State levels. Site
lighting is "neighbor-friendly" with the use of shoebox fixtures, preventing light
spill on the abutting neighborhoods. Site screening (arborvitaes and 6-foot
fencing) were shown. Determination has been made that there are adequate utility
services available for the site.
Mr. Leahy also reviewed the short- and long-term impacts, the number of jobs
created, and the $8.2 million dollar payroll injected into the town. He also reviewed
r- the past and present uses of the property, comparing the impact of those uses with
the impact of the proposed uses as being positive. He noted other comparable
Board of Selectmen Minutes of June 20, 2001
6
r improvements-screening, improved drainage based on best management practices,
shopper-safe and neighborhood friendly lighting, noise mitigation (including
restrictions on hours of operation and delivery) and a new signal on Norfolk Street
directing traffic into the Business Park through Norfolk Street and getting it off
West Street.
Michael Bliss noted the request for a Special Permit for the Home Depot and
restaurant. The Home Depot and office supply store would also require a Special
Permit under the current Zoning By-Law, but are protected because a Form A was
filed for that portion of the property prior to the zoning amendment. The retail
use is grandfathered.
Town Manager D'Agostino noted his calculations on the $13.5 million estimated
construction and site improvement costs and questioned the amount of taxes
generated. It was determined that the tax revenue estimates also include the land
component.
Robert Woodland, Senior Transportation Engineer, reviewed their study. He noted
one of the biggest problems in the area is that West Street serves as the only
access into the area for traffic coming from the south, creating substantial cut-
r- through traffic in the neighborhood. The truck traffic associated with the area
also uses West Street rather than accessing from School Street. The proposed
traffic signal and access at Norfolk Street will improve access to the park from
the south and will reduce the traffic associated with the park on West Street.
The signal will be coordinated with existing signals on Route 140. Pedestrian
connections and crosswalks will be created with the neighborhood property. Mr.
Woodland reviewed trip generation levels and traffic patterns in the area analyzed
during the study. They anticipate a 15 percent increase in traffic as a result of the
development. Clerk McCue asked about increased traffic on other roads in the area
as the result of traffic diversion. Mr. Leahy noted trucks delivering to that
development will be coming directly from distribution centers and would be using
interstate highways and heading to and from Routes 95 and 495. Clerk McCue also
asked if details have been provided for during busy shopping times. Mr. Woodland
replied that would be a decision of the management of the various stores and would
be used for traffic flow if necessary.
Mr. Leahy noted this development is a ground lease operation. There will be a
management company engaged in caring for the site. Customers are expected to be
drawn from the area within ten miles, with many other Home Depots ringing the
area in surrounding towns.
r
Board of Selectmen Minutes of June 20, 2001
7
r Clerk McCue asked if they'd considered the use of recycled water. Mr. Leahy noted
this project is considerably smaller than the Wrentham Outlet Mall that uses
recycled water and it would not be feasible.
Chairman Amoruso noted the request was received last week and not reviewed
because a workshop was scheduled for last week's meeting. He noted Town Counsel
has not yet received adequate information from the Alcoholic Beverages Control
Commission (ABCC), but suggested it might be possible for the Board to issue such
a license. Chairman Amoruso suggested that if the Board is inclined to grant such
licenses, the decision should be made in order to advise downtown merchants of the
possibility for their July 11th sidewalk sale.
Selectman McCarter noted two issues. There is the possibility of issuing such a
license to an individual; however, there's uncertainty as to whether more than one
license can be issued to the same premise.
Tweeter Center General Manager Bruce Montgomery and Sportservice's Manager
r Robin Pickette were present to discuss the request. Mr. Montgomery noted the
premise is defined as the area licensed, and not the property itself. He said the
group scheduled is traveling with a 50 by 162 foot tent that cannot fit inside the
venue. It would be fenced off in the parking lot with entrance to the tent gained
only from the fenced-in area.
Chairman Amoruso noted the problem we have is we've already made a decision on
the sidewalk sale based on information received from the ABCC. We do not,
however, have that information in writing yet. Town Manager D'Agostino pointed
out that Tweeter Center can make the request, but it's at the Board's discretion as
to whether they want to grant the request.
Selectman McCue asked if this is the only time they plan to request such a license.
Mr. Montgomery said he does not foresee any further requests, but does not
preclude it from happening.
Town Manager noted the problem Town Counsel is having is he's not getting staff
cooperation from the ABCC. Selectman McCarter offered information that might
assist Town Counsel in making the determination.
r There will be disc jockeys in the tent and it is anticipated that people will be
staying in the tent for two to three hours in the afternoon. Tweeter Center would
Board of Selectmen Minutes of June 20, 2001
8
·f' therefore like to provide two or three stations for food and beverages in that area
as a revenue generator. The consensus of the Board was to grant the license if it's
possible to do so legally. If it can be done, the Board wanted to give downtown
merchants who hold alcohol licenses the opportunity to do the same thing. The
question remained one of authority and the decision will be made next week when
we have additional information. Downtown merchants will be advised.
The Town Manager reported on the following:
.
Stan Murray (Stan the Barber) suffered
underwent a quadruple by-pass operation.
Women's Hospital in Boston.
a heart attack last Friday and
He's currently in Brigham and
· The Annual Senior Citizens Electric Safety Luncheon is scheduled for Friday at
11:00 a.m.
· Jordan-Jackson roof mediation is scheduled for Tuesday, June 26th, at Hill and
f"" Barlow in Boston. We need to hold an executive session at the end of the
meeting.
· Richard Boucher will be in attendance at next week's meeting to discuss the
lockbox issue.
· An MBT A representative will be on site at the railroad underpass with Lee
Azinheira tomorrow to determine the scope of work to be done. We do not yet
have a commitment as to when they will paint the bridge.
Clerk McCue:
· Spoke of his concerns about the flooding at the underpasses. He noted that
he realizes it's the State's responsibility.
r
· Attended the Norton Estates hearing in Boston on Tuesday and the
stipulation was filed. The Judge is holding the stipulation pending
notification from Attorney Mangiaratti that he is holding the $20,000. The
Judge disallowed the motion to hold the stipulation.
Board of Selectmen Minutes of June 20, 2001
9
('"
· May not be at the next meeting due to his candidacy for one of two Bristol
County's Southeastern Regional Planning and Economic Development
District's representatives to the Metropolitan Planning Organization (MPO) .
He is still weighing his need to be at that meeting against his responsibility
to the Town.
Motion: To have Clerk McCue go to the meeting because someone has to be
at the meeting to cast a vote on the Town's behalf.
(Donovan-Wills) 4-0-1 with Clerk McCue abstaining Passes
Selectman Wills:
· Has been thinking about the banner issue with New Beginnings and asked the
Board to consider completely eliminating the hanging of banners.
Motion: To eliminate the hanging of banners
(Wills-no second)
Chairman Amoruso noted Attorney Mangiaratti has contacted their attorney
and requested additional information as to the activities that will take place.
If it is not a religious service and there is no proselytizing, it's not a
problem. If there is, then we are within our rights not to comply with the
request based on the separation of Church and State.
('"
· Motion: There be no loaning of Town-owned tools or equipment.
(Wills-McCarter)
Selectman Donovan disagreed, noting how grateful he was as a resident when
he had flooding at his house and was able to go to the town and sign out a
pump. Selectman McCarter disagreed, noting Town-property belongs to the
Town and should not be loaned out to anyone. Further discussion regarding
the personal use of Town-owned property took place between Selectman
Donovan and Vice Chairman Wills. DPW Director Lee Azinheira will be
invited in to discuss the issue. Selectman McCarter offered to withdraw his
motion, but noted he's adamantly opposed to the use of the loan of
equipment. Town Manager D'Agostino suggested a discussion and review of
the policy at a later date. Selectman McCarter withdrew his second. The
motion was then seconded by Selectman Donovan.
Vote: 2-3 with Amoruso, McCue and Donovan opposed. Fails
· Selectman McCarter suggested the Town Manager mention that we were
successful in obtaining the withdrawal permit for the Morrison Well. He
also asked the status of the new Train Station. The Town Manager reported
he is having difficulty getting together with Frank Gay and is trying to get
him scheduled at a meeting to discuss the project with the Board.
r
Chairman Amoruso:
Board of Selectmen Minutes of June 20, 2001
10
·
('"
· Reported we need a vote to appoint Lee Azinheira as our SRPEDD Joint
Transportation Planning Group (JTPG) representative and John D'Agostino as
the alternate
Motion: To appoint Lee Azinheira and John D'Agostino as our representative
and alternate
(McCarter-McCue) 5-0 Passes
· We also need to appoint a Selectmen's representative to SRPEDD. It is not
possible for a selectman to fill the position as the meetings are held on the
same night as Selectmen's meeting. William Ottaviani, who has been our
representative for a number of years, is no longer able to do it. Leonard
Flynn is the Planning Board representative. Chairman Amoruso asked that
residents be invited to apply, with the notice being put on cable television
and the Town website. Applications should be received in time to make the
appointment at the Selectmen's first meeting in July.
Motion: To go into Executive Session at 10:50 p.m. to discuss mediation and pending
litigation and to come out of Executive Session only to adjourn.
Roll Call Vote: McCarter, aye; Wills, aye; McCue, aye; Donovan, aye; Amoruso, aye.
5-0 Passes
('"
Open Session was reconvened at 10:55 p.m. and adjourned.
(^^cCarter-Donovan) 5-0 Passes
dIr!i1
....7.'.11//£ .!1. Z ~o/
Date of Approval
('"
Board of Selectmen Minutes of June 20, 2001
11