HomeMy WebLinkAboutmin brd of selectmen 05/02/01
Present:
RECEIVED
TOV1N cu:nKS OFF iCE
Board of Select"òe"p11 2: 22
Minßi~ßdf \
May 2, m\'~SFIELO
MASSACHUSETTS
Chairman David W. McCarter; Clerk Bradford E. Wills; Selectmen
Louis P. Amoruso, Amos M. Robinson, and Daniel Donovan.
Town Manager John D'Agostino
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The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance
to the Flag.
· Warrant No. 45 in the amount of $1,189,022.64
Motion: To approve and sign
(Robinson-Amoruso) with Selectmen Robinson abstaining from School
Department payroll and Chairman McCarter abstaining from Municipal
Building Committee payroll 5-0 Passes
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· Minutes of April 18, 2001
Motion : To approve
(Amoruso-Donovan) 5-0 Passes
. Minutes of April 24, 2001
Motion : To approve
(Amoruso-Wills) 3-0-2 with Selectmen Donovan and Robinson
abstaining Passes
. Minutes of April 25,2001
Motion : To approve
(Amoruso-Wills) 5-0 Passes
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· Fortune Teller License for Jacquelyn Tennis, doing business at 376 Chauncy
Street. This is a new license and Ms. Tennis was available to answer
questions of the Board. The application was reviewed and approved by all
required department heads and a Criminal Offense Record Investigation was
done.
Motion: To approve the license
(Donovan-Amoruso) 5-0 Passes
Board of Selectmen Minutes of May 2, 2001
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· Hackney Carriage Licenses - neither Town Taxi nor Foxfield Taxi has
brought their cabs in for inspection by the Police Department. Town Taxi
has renewed their licenses but they're being held pending inspection;
foxfield Taxi has not sent in their renewal applications and has not
responded to certified mailings to do so. Hackney Carriage licenses expired
March 31st and a hearing should be scheduled regarding the license
violations.
Motion: To have both Taxi companies in for a hearing
(Wills-Amoruso) 5-0 Passes
Motion: To advise the Police Department that the license of Foxfield Taxi
to pick up and carry passengers in the Town of Mansfield has expired; ask
the Police Department to enforce the law; and advise operator of such
(Robinson-Wills) 5-0 Passes
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· Tweeter Center for the Performing Arts - Seven Day Entertainment license
and Public Entertainment on Sunday license. The applications were received
March 2pt and should be acted on prior to May 5th. All department heads
have reviewed the license as revised and have signed off.
Motion: To sign the license
(Amoruso-Robinson) 5-0 Passes
· Certificate of Determination of Uniqueness Pursuant to M.G.L. Chapter 30B,
Section 16(e)(2) - Town Meeting has approved the purchase of the land on
Essex Street and the Selectmen need to make the determination of
uniqueness and sign as part of the process.
Motion: To sign
(Amoruso-Robinson) 5-0 Passes
· Letter from VFW inviting Selectmen to participate in the Memorial Day
Parade and Ceremony to be held May 28th at 10 a.m. In the event of
inclement weather the event will be moved to the Mansfield High School
auditorium or gymnasium.
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· Posters are at the front of the meeting table publicizing Auto Glass Etching
Day sponsored by the Mansfield Police Department in conjunction with the
Massachusetts State Police. The event will be held Saturday, May 5th, at
the Mansfield Police Station, 50 West Street, from 9 a.m. to 4 p.m. The
Board of Selectmen Minutes of May 2, 2001
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r' cost is $10 (payable in cash only) and will provide a 15'0 savings in the
comprehensive insurance for the vehicle.
· Request from Billie Siena of the Mansfield Historical Commission asking for
the Selectmen's support for their nomination of the Fisher Richardson
House as one of the State's ten most endangered historic resources. If
selected, this would qualify the Fisher Richardson House for grant money to
make the necessary repairs. Mrs. Siena was present to answer questions of
the Board. Mr. D'Agostino noted it would cost approximately $136,000 to
fix the structure and any amount the Town is able to receive would be of
assistance.
Motion: To support the nomination of the Fisher Richardson House to the
State's 10 most endangered historic resources
(Wills-Amoruso) 5-0 Passes
George Dentino, Gladiola Terrace - thanked Amos for his many years of service to
the Town. He also spoke on the transfer of sewer flow scheduled for discussion
r later in the meeting and asked that the public be allowed to ask questions during
that portion of the meeting. Chairman McCarter said he would have no problem
with that. Mr. Dentino also asked if there was any word from Town Counsel
regarding his questions on the Norton Estates litigation. He was provided with a
copy of the letter received just prior to the meeting.
Bill Gerber, 362 Centra' Street - noted USA Today reported AT&T was the first
company to increase their rates by 15'0. He pointed out if they were more
concerned with quality, there would not be such a bad taste in people's mouths. He
offered seniors or those not able to send in their surveys the opportunity to obtain
a postage stamp from him by calling Cable Access and leaving a message. Mr.
Gerber also noted the illegal sale of merchandise from the back of a truck over
Easter weekend at the corner of Route 106 and Copeland Drive. He was advised it
is a zoning violation and Bert Cook should be notified. He also asked if we bill back
for ambulance service and commended the Fire Department for their quick
response and professional service provided to his mother recently. He asked if we
have a Police Auxiliary in town and suggested that as a cost-effective solution to
directing train station traffic. Mr. D'Agostino noted it is not a volunteer
organization and would stJ1l require deta1'l rates.
r-- Bruce Freal, President of Mansfield Youth Soccer - presented a check in the
amount of $32,300 to have the sod replaced in Field One and to install a rail fence
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r at the facility to prevent motor vehicles driving onto the fields from the parking
lot. He asked that the agreement originally signed be amended to include the
additional improvements.
Motion: To authorize the Town Manager to amend the agreement
(Donovan-Wills) 5-0 Passes
Motion: To accept the gift of $32,300 for the sodding and installing the rail
fence.
(Wills-Donovan) 5-0 Passes
Selectman Robinson was honored at his last meeting after eleven years of service
to the Town as a member of the Board of Selectmen.
David Leary, Chairman of the Recreation Commission - presented a plaque to Amos
Robinson in recognition of his years of support to the Recreation Department and
Recreation Commission. Selectman Robinson thanked them and noted his pleasure in
doing so.
Dianne Royle, former Selectwoman, thanked Selectman Robinson for his years of
service, noting his concern for the children and senior citizens of Mansfield. She
r advised him that it will take some adjustment, but assured him he would not miss it.
Chairman McCarter presented Selectman Robinson with a plaque on behalf of the
people of Mansfield for his many years of distinguished and exemplary service to
the Town. He also thanked and acknowledged Sally Robinson, who was in the
audience. Chairman McCarter noted Selectman's involvement in rail safety,
Mansfield Green, and Bristol County Selectmen's Association. An official citation
from the Massachusetts Senate was presented on behalf of Senator Joanne
Sprague, as was a House citation presented by Ginny Coppola on behalf of Reps.
Betty Poirier and Michael Coppola.
Selectman Robinson thanked his family for their support during the eleven years
and recalled the establishment of the recycling center in his early years on the
Board
Anthony Oduardi of Highland Avenue - asked questions about warrant articles
regarding rubbish collection. He also asked about the Tot Lot at Memorial Park,
questioning if it was completed. He spoke of the Annual Town Election on May 8th
noting there are 12,700 registered voters, with only 1,555 voters exercising their
right to vote during the last election.
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Board of Selectmen Minutes of May 2, 2001
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I~ George Dentino spoke of the information provided him earlier in the evening
regarding the Norton Estates property, noting what he termed "a number of
ambiguities." He asked the Board to explain why last week they said they had not
entered into an agreement when, according to Mr. Mangiaratti's letter, an
agreement was made on March 27th. Selectman Amoruso noted the Town got
something for the property that otherwise we would not have. He disputed Mr.
Dentino's opinion, based on his reading of Town Counsel's letter. It was noted the
Town allowed Town Counsel to go forward with a stipulation and this is the first the
Board has seen on the matter since that time. Clerk Wills noted the advice of Town
Counsel and pointed out that despite Mr. Dentino's concern about legal fees, the
Town had to pay to get Mr. Mangiaratti's legal opinion on Mr. Dentino's behalf.
Clerk Wills read the notice of the public hearing as it appeared in the Sun Chronicle
on April 18, 2001.
Motion: To open the public hearing at 8:31 p.m.
/~ (Amoruso-Robinson) 5-0 Passes
Fire Chief Edward A. Sliney, Jr., explained the purpose of the application for the
license and the methods of handling the propane tanks at the Tweeter Center. He
recommended approval of the license.
Floyd Muir, representing Norton Estates- noted 2,000 Ibs. of propane would create
quite an explosion and asked that the Board keep their well-being in mind. He
pointed out there are 123 families living within t mile of the facility. The Fire
Chief noted there are 18-120 lb. tanks at the facility and it is not one 2,000 lb.
tank. He noted all working with the tanks are all trained to handle them and there
have not been any problems in all the years of operation.
Brian Kelly, Facilities Manager for the Tweeter Center - noted the reason for the
application is because they are over the limit and it is now required. The move to
this type of storage has been made at the recommendation of the Fire Chief for
safety reasons. The area is away from the public area and is enclosed. The
personnel are trained and the environment is engineered for safety.
Selectman Donovan recommended a fixed ansel system for the safety of the public.
r-- Mr. Kelly noted they are in twenty different locations. Each 120 lb. tank is on a
concrete base and surrounded with a barricade. The Fire Chief noted that the
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r tanks are installed according to Code and have been inspected. They have had the
tanks in the past, but they were under 2,000 Ibs. The installation has been
inspected by the Town's Plumbing Inspector and a license is needed because they
are over the 2,000 Ibs. An application was submitted last year, but was not issued
due to a breakdown in communications. The tanks are at nineteen different
locations, thereby reducing safety concerns.
Anthony Oduardi questioned why the tanks are not tied down to prevent the hard
pipe from being jarred. Mr. Kelly noted they are placed away from traffic areas
and they are all installed according to Code.
Motion: To close the hearing at 8:53 p.m.
(Wills-Amoruso) 5-0 Passes
Motion: To approve the license
(Wills-Amoruso) 5-0 Passes
Motion To ask Town Counsel to hold off on Norton Estates until we can meet with
him to ask a few more questions. To direct Town Counsel not to take any further
action if the stipulation has not yet been filed with the Court.
(Wills-Donovan) 5-0 Passes
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The Selectmen considered the request of the Foxboro Water and Sewer
Commissioners for a sewer flow transfer from the Foxboro Company to the YMCA.
Jay Barrows was present to address the request with the Board on behalf of the
YMCA, as were Ed Hurley, President of the YMCA, and Robin McDonald, Vice
President of the YMCA, were also present.
Mr. Barrows reviewed the history of the YMCA's site development efforts for their
Foxboro facility. He noted meeting with the Foxboro Water and Sewer
Commissioners and the information provided Mr. Azinheira regarding the request.
Mr. Azinheira pointed out the location of the facility on the map provided. He
noted Foxboro Company's sewer flow is approximately half of their 125,000 gallon
allotment and this is land owned by them. He recommended that if the Board
wishes to proceed with the request, a one-page amendment can be made to the
agreement acknowledging what has transpired. The YMCA would be using no more
than 7,500 gallons per day. Clerk Wills asked if this would be setting a precedent.
r Selectman Amoruso noted if allowed, we would be permitting the inter-municipal
agreement to go down the chute. He noted the capacity was allotted to the
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r Foxboro Company, and once deeded to the YMCA it will no longer be owned by the
Foxboro Company. The Board noted concern with establishing a precedent whereby
others with significant allocations they are not using could transfer or sell their
capacity to others. The intent of the inter-municipal agreement would thus be
invalidated.
Selectman Amoruso pointed out the agreement is with the Town of Foxborough and
not the Foxboro Company, and the Board should therefore be talking to the
Foxborough Water and Sewer Commissioners. He suggested it would appropriate
for the Town Manager and the DPW Director to discuss this further with the
Foxborough Water Department. Mr. D'Agostino noted part of his concern is
Foxborough's request for critical needs capacity for their Public Safety Facility.
Ed Hurley argued that the Foxboro YMCA would clearly benefit the Town of
Mansfield and will be a facility used by Mansfield residents. Clerk Wills noted the
issue is not the YMCA, which the Town of Mansfield is supportive of, but rather
sewer capacity.
Mr. Barrows pointed out their tight timeline and spoke of his level of discomfort
with discussions between the two towns based on past experience. The Town
r Manager indicated his belief that the Town of Foxborough is using the YMCA to
further their own request relative to their Public Safety Facility. The issue is
Mansfield sold capacity to the Town of Foxborough and the Town of Foxborough in
turn sold it to the Foxboro Company. Our agreement is with the Town and there
are unresolved issues regarding sewer capacity with the Town of Foxborough that
unfortunately the YMCA is getting caught in the middle of.
Motion: To approve the request, provided the Town Manager and DPW Director
come up with the right documentation to protect the Town of Mansfield
(Wills-Donovan) 5-0 Passes
Ed Hurley expressed his thanks on behalf of the YMCA for all the support that has
been given the Y over the years.
Robin McDonald stated it is their hope to enter into a long-term lease for the John
Berry School on Balcom Street. Through donations they have spent about
$180,000 in improvements to the site and hope to enter into a long-term agreement
to continue there. Selectman Amoruso pointed out the arrangement was initially
entered into to get the facility going, but at some point they should purchase it.
Ms. McDonald noted the Y's position that it is the community's facility and not the
Y's. If at any time the Town had a greater or better need for the building, they
r would turn it back over to the community. In the meantime, they choose to use it
to benefit the community. She detailed the number of Mansfield residents using
Board of Selectmen Minutes of May 2, 2001
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r their various facilities and services. Town Meeting allowed authorization for the
lease to be extended for ten years. Mr. D'Agostino asked for the Board's direction
on the terms of the lease, for which the YMCA is presently paying $1/year, with
the YMCA providing all the maintenance and improvements. Selectman Amoruso
noted the funds were raised and provided by the people of Mansfield in the hope of
having a permanent facility in Mansfield with more offered than what can be
provided at the current facility on Balcom Street. He pointed out it's a good deal
for the Y to only have to pay $1/year, but it offers no commitment or incentive for
the Y to provide the programs and facilities in the Town of Mansfield.
Clerk Wills noted that after listening to what the Y is doing in Mansfield and
hearing that the Y is serving 800 Mansfield families, he would support the
continuation of the lease at $lIyear.
Motion: To continue the $1/year lease for 10 years
(Wills-Donovan) 5-0 Passes
Selectman Amoruso noted that although he gave them a hard time, he recognizes
they are losing money on the Mansfield Y and yet are continuing their commitment
to the Town. Selectman Robinson noted the improvement in the condition of the
building since the YMCA has taken it over.
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To clarify statements made during Mansfield's election campaign that the Y is
"sitting" on $2 million. Mr. Hurley stated they have had a campaign which has
raised $2.7 million for the North Attleboro facility, for which $4 million is needed,
and the funds are committed for use at the North Attleboro facility.
DPW Director Lee Azinheira was present to update the Selectmen on the status of
the Wastewater Treatment Plant water bill issue. He noted he has not received any
response from Norton, and Town Counsel has sent a letter to Norton requesting
they permit their Town Counsel to enter into negotiations with him on our behalf.
He recommended approval of $7,500 to hire Woodard and Curran to perform an
audit, noting Woodard and Curran works for both Mansfield and Norton and would
be impartial. The information provided by them could then be used in court if our
efforts to resolve the matter are unsuccessful. The audit needs to determine
there is a major discrepancy in the numbers if the water supposedly used did not
show up anywhere else. If that much water was used, it should also be reflected in
Norton's pumping records.
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Board of Selectmen Minutes of May 2, 2001
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r Chairman McCarter noted the Board would like to resolve the situation in the least
costly manner.
Motion: To authorize the expenditure of $7,500 for an audit by Woodard and
Curran to be paid for from the Wastewater Treatment Plant Engineering Account
(Amoruso-Donovan) 5-0 Passes
Selectman Amoruso asked that a joint meeting be scheduled with the Norton
Water and Sewer Commissioners. Mr. Azinheira will contact them to set it up.
Town Manager D'Agostino reported on the following:
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· The South Main Street paving project has not been approved by the Town of
Mansfield, nor was the Town ever notified the work was to be done. It is
our belief that MassHighway is under pressure from the Federal
Government to spend $2 million someplace other than the Big Dig. For the
Town to have accepted it, the project required sidewalks. The Town will not
accept it until sidewalks are properly constructed, which will necessitate re-
doing a portion of South Main Street. Performing this work while not
providing Mansfield with the needed Chapter 90 funds is a disservice to the
Town.
· A portion of Route 106 in the area of the railroad bridge underpass will be
closed temporarily while borings are done for engineering studies to
determine the cost of repairing it. Clerk Wills asked Mr. D'Agostino to write
to our State Representatives and Senator to restore the Chapter 90 funds
for the Town to the State budget.
. Directed the Board's attention to the map displayed for the establishment
of precincts in Mansfield based on recent census figures. There are six
precincts proposed for the Town and, with the rapid rate of growth of the
Town, new precincts will have to be added. The maximum number for a
precinct is 4,000. Selectman Amoruso raised the issue of representation.
Chairman McCarter suggested the Town Manager send a letter indicating
the Town's desire to have the entire town represented by one
Representative. The Board will be asked to vote on the new precincts next
week.
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Board of Selectmen Minutes of May 2, 2001
9
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information from his counterparts in other communities as to how they handle
Town Meetings curfews.
· Selectman Amoruso reminded everyone of the Annual Election on Tuesday,
May 8th, noting there are five candidates for two seats on the Board of
Selectmen. He noted people have a choice in their decision and even though
there are no other contested races, it is critical to find the right people for
the Board of Selectmen as this Board influences every other board and
committee in town by its appointments.
· Clerk Wills asked why the polls no longer open at 6:00 a.m.
· Chairman McCarter thanked the Board for electing him Chairman this year
and said he hopes to be back on the Board of Selectmen next week as he is a
candidate for re-election.
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· Selectmen Robinson asked if we will start the two-cycle street sweeping this
year. Mr. D'Agostino noted we are starting street sweeping this week, but
there is not money in the budget for two cycles. Selectman Robinson also
asked for a commitment from the Board to complete the work he started on
the East Mansfield Common. He also thanked everyone for enabling him to
be a part of the Board of Selectmen over the last eleven years. He noted he
will still be in town and will be doing things for the senior citizens. He
expressed his sense of accomplishment in serving his country in the military
for 31 years and serving the town for 11 years and reviewed the many things
he was involved in during that time because of his love for the town.
Motion: That Mr. Robinson be permitted to continue the work he started on the
East Mansfield Common.
(Amoruso-Wills) 4-0-1 with Mr. Robinson abstaining
Motion: To adjourn at 10:57 p.m.
(Amoruso-Donovan) 5-0 Passes
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Signature of Clerk
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Date of Approval
Board of Selectmen Minutes of May 2, 2001
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· Read a statement regarding the budget and salary increases for department
heads-an issue that has been raised recently. The total cost to the Town
to make these adjustments was $77,980. All contracts were settled within
the amount budgeted, with $42,000 remaining that was turned back to the
general fund. Of the increases over the last few years, the greatest
percentages were for health insurance. Our tax rate of $18 and change,
minus the debt exclusion amounting to $2/thousand, and taking into account
that Mansfield provides curbside rubbish pickup, indicates Mansfield is
doing a good job with its resources.
· Selectman Donovan noted listening to the candidates debate and took
exception to statements made by Mr. Clemmey regarding the Town budget,
conflict of interest, legal expenses, and other issues. He pointed out other
examples of conflict of interest in which Mr. Clemmey is involved. He also
spoke of vandalism done at Memorial Park and noted the vandals were caught
by the Police. He expressed the desire to have the youngsters involved
perform community service in payment for the acts of vandalism.
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· Selectman Amoruso announced that there is still time to get the Cable
surveys completed and returned. He also thanked Selectman Robinson for
his wisdom, guidance and assistance over the years, noting we will miss his
experience and background information.
· Clerk Wills asked when we plan to start crosswalk painting and clearing of
hedges and weeds on sidewalks. He also asked that we try Town Meeting on
a Saturday in the Fall, with coffee and donuts provided by the Town; tables
set up in the cafeteria where individuals can obtain further information on
particular warrant articles; and a lottery system by which articles are heard
in random order.
Motion: To have a Town Meeting on a Saturday in the Fall
(Wills-Donovan) 4-1 with Mr. Robinson opposed Passes
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Selectman Amoruso said he is going to propose to the new Board that the
Selectmen sponsor an article that any article being discussed at 10:30 p.m. at
Town Meeting be the last article for the evening. Mr. D'Agostino offered to get
Board of Selectmen Minutes of May 2,2001
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