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HomeMy WebLinkAboutmin brd of selectmen 10/16/02 ~"t! !'''' :....i , , ;~ r Board of Selectmen Minutes of October 16, 2002 0') r¡rT ~\J .L! ('I '-~ \-:.., I (,~ HI: I): 08 i'! .1 l"/1 /1 ;,: 1 D C'!i'<F'~-TS ,,~,._ Present: Chairman Daniel Donovan; Vice Chairman Michael W. McCue; Clerk Steven W. MacCaffrie; and Selectmen David W. McCarter and Louis P. Amoruso 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. 16 in the amount of $2,485,959.00 Motion: To approve and sign (MacCaffrie-Amoruso) 5-0 with Selectman McCarter abstaining from Municipal Building Committee payroll r · Minutes of October 9, 2002 Selectmen's Meeting Motion: To approve as amended (page 12 Article 23- Selectman MacCaffrie noted he is not opposed) (Amoruso-McCue) 5-0 Passes · License Renewals - all have been reviewed and approved by the appropriate department heads Common Victualler Robert Tsapanidis dba Classic Pizza, 242 Chauncy Street Motion : To approve (MacCaffrie-McCarter) 5-0 Passes Auto Dealer Kenneth Tulio Picciandra dba Cottage Auto Sales (Class II) Motion : To approve (Amoruso-McCarter) 4-1 with Selectman MacCaffrie opposed Passes r Board of Selectmen Minutes of October 16.2002 1 r Old Colony Motors, 66 and 77 West Street (Class I) Motion : To approve (Amoruso-MacCaffrie) 5-0 Passes Fred's Car & Truck Sales, 631 East Street (Class II) Motion : To approve (McCarter-Amoruso) 5-0 Passes · Request for Parade Permit from VFW for Veterans Day Parade November 11th at 10:00 a.m. (approved by Police and Fire Chiefs) Motion : To approve (McCue-Amoruso) 5-0 Passes · Request for Parade Permit from Forest Park Neighbors for Annual Halloween Parade on October 31st from 4:30-5:00 p.m. (approved by Police and Fire Chiefs) Motion : To approve (McCue-Amoruso) 5-0 Passes · Request for Parade Permit from Downtown Business Association for Annual Christmas Parade December ¡st at 2:30 p.m. (approved by Police and Fire Chiefs) Jay Barrows of 370 Pratt Street noted this is the 8th annual parade and { they've raised over $3,000 from area businesses to support the cost of the parade, estimated at $6,000. They are going back to their original route and asked the application be amended to indicate they will be forming at the Train Station, crossing Route 106, and then proceeding down North Main Street. Motion: To approve the parade permit as amended, subject to the approval of the Police and Fire Chiefs (MacCaffrie-Amoruso) 5-0 Passes Mr. Barrows asked for the Town's participation in the parade. They're anticipating five bands and the parade wJ1/ start about 3 o'clock. They will march to South Common for the tree lighting and Santa Claus has notified them he wi/I be there. · Cable Van Agreement as amended Motion : To approve (Amoruso-MacCaffrie) .5-0 Passes ¡-. Board of Selectmen Minutes of October 16, 2002 2 ¡- r 1 ¡- . Request from Hockomok Area YMCA to hold their 8th Annual 5K road race on Sunday, November 3rd at 11:00 a.m. starting at Doranco on Gilbert Street to Balcom Street, onto Otis Street, and finishing at Doranco. Approved by Police and Fire Chiefs Motion : To approve (MacCaffrie-McCarter) 5-0 Passes DPW Director Lee M. Azinheira and Water Operations Manager Kurt Gaffney were present to update the Board on the water use and water levels. Mr. Azinheira recommended going back to Phase I of the water ban. Mr. Gaffney noted water consumption is under 2 million gallons per day now. They've completed the flushing program and noted people are upset because they can't wash their vehicles and do normal fall outdoor cleanup. Although groundwater levels are still down two feet compared to last year, he indicated the limited amount of water used for this purpose can be supported with the Phase I water ban, allowing watering on odd/even days from 5:00 to 9:00 a.m. and 6:00 and 9:00 p.m. Mr. Gaffney reported on the $100 rebate available for the installation of 1.6 gallon flush toilets, noting they've allocated for 300 replacement toilets and since July ¡st have had only ten rebate applications. Discussion ensued as to our ability to use the new well with the reduced groundwater levels. Wells 7 and 8 will be cleaned in January. Stearns is having 100 feet of waterpipe done, punchlists are done for the subdivisions, the hydrant maintenance program is being run, with "H" being painted in the street to mark hydrants. Steve Bishop is working with the schools on conservation matters, new locks have been put on all the gates, Foolish Hill will be drained December 4th and another inspection will be done. He requested we go to Phase I of the water ban tomorrow. Motion: To revert to the Phase I water ban (McCue-Amoruso) 5-0 Passes Selectman McCue asked about reports in the paper about the desalinization plant in Dighton. Mr. Azinheira said he and Mr. Gaffney will be doing a full review and will come back with a report. Retrofitting showerheads and toilets in public housing was briefly discussed as a conservation option. Board of Selectmen Minutes of October 16, 2002 3 r Carol Sosman of the Mansfield Garden Club was in attendance to talk about what the club does for the town and how they can help the town in the future. The Mansfield Garden Club was established in 1993. In 1994 they joined the State and National Federation of Garden Clubs. They maintain an excellent archive of town plantings and the information has been turned over to the Historical Commission. In addition to educating themselves and helping each other, they're committed to town plantings and beautifying the town. They currently plant and maintain thirteen locations in Mansfield and worked with the Natural Resources Trust in the development of the Scott-Goyea Conservation Area. They've worked with the Boy Scouts and Girl Scouts in Mansfield and conduct an annual plant sale on South Common. She noted the town's aging population that is not able to maintain their own garden efforts and reported they are trying to work out an arrangement to help those people. The "Welcome to Mansfield" sign on Route 106 is also maintained by them, in addition to the Doughboy planting on South Common, whiskey barrels at the Train Station, Library and Recycling Center, and the two gardens at Town Hall. They have a membership of only 45 and she circulated a photo album of their projects. They also work with town youth, going into the schools as part of the state and national program for posters and essays on natural and garden issues. A Mansfield 3rd grade student won the National Woodsy Owl contest and he and his r family were flown to Washington, D.C. to accept the award. Children's books are donated to the Mansfield Public Library in honor of children born to Garden Club members. They stand ready to assist with the redesign of the North Common and are willing to provide a Garden Club liaison to any committee for that purpose. Selectman McCue expressed his thanks for their brightening up the area at the Train Station, from which he commutes. Town Manager D'Agostino is currently assisting them in a holding place for establishing new plants to be used in public displays. To open hearing at 8:15 p.m. (McCue-Amoruso) 5-0 Passes Selectman MacCaffrie read the notice of public hearing as it appeared in the Sun- Chronicle on September 27, 2002 and October 4,2002. ,--.. Attorney Fred Armstrong and MMAS General Manager Ken Butler were in attendance seeking the Special Permit for the temporary use. Fred Keylor from H. Board of Selectmen Minutes of October 16, 2002 4 ;- W. Moore, Norman Abend of Abend Associates, and Tweeter Center's Executive Director Bruce Montgomery were introduced. Mr. Butler provided the background of MMAS, noting they were founded in 1993 by a small group of artists with the goal of establishing a community center for artists. Their membership has grown to 500 and they're supported by dues and donations. He noted the various organizations that use their facility, which is loaned to them by Andres and Maria Gazzolo. Mr. Butler also reported on the various musicals and events held by MMAS. They currently bring in $125,000 per year with various fund raisers. Chairman Donovan introduced Town Counsel Robert Mangiaratti who was also in attendance. Attorney Armstrong stated their desire to hold the Light Festival at the Tweeter Center from November 24th to January 1st from dusk to 10:00 p.m. weekdays and 11:00 p.m. on Fridays and Saturdays. They're seeking a Special Permit for a temporary use and two entertainment licenses. Town Manager D'Agostino noted the need to modify the dates, as the entertainment licenses run on an annual basis and expire on December 31st. r Mr. Butler showed a plan of the area proposed to be used at The Tweeter Center, indicating the layout, traffic flow plans, and displays. There are provisions for emergency exits from the traffic pattern. Santa's Village and Holiday Village were also shown on the plan. The anticipated time to go through the driving route is 30 minutes. Midwest Displays provides these displays throughout the country for non- profit organizations. Tweeter hires Midwest Displays, who will be responsible for the setup of all the displays. The displays will be powered by generators and the event is an opportunity for MMAS to raise substantial funds for their on-going activities and their need for a permanent facility of their own. Police details are built into the plan. ,--. Norman Abend of Abend Associates of Burlington reported on a traffic analysis they did for the project. The average arrival per night is estimated at 2,000 vehicles per night over a five hour period, averaging out to 400 vehicles going through the display per hour. On a peak night they expect the number to be double that figure. The first operation is the queue before the ticket booths, which is almost two miles. During periods of low-volume traffic they will be routed directly to the ticket booths. They· can store approximately two hours of cars in the serpentine queue, or about 900 cars. The display will take 25-30 minutes to go through at 5 miles per hour with a clearance of 60 feet between vehicles. Practically speaking, they noted people will occasionally stop, resulting in an Board of Selectmen Minutes of October 16, 2002 5 r accordion reaction. They will exit onto Route 140 and go north or south with 70'0 going toward Route 495 and 3010 going towards Norton. The cashier booths are flexible and can be adjusted to the volume. Time at the booths has been estimated at 25 seconds per transaction. He noted no major issues are anticipated with traffic on Route 140, with most of the outbound traffic occurring after the evening peak hour. Those with younger families are anticipated to arrive earlier in the evening and those with older children later. He noted no problems have been anticipated that cannot be handled with the use of a police detail. Selectman MacCaffrie noted Mansfield Police Ptlm. Lance Lawson had nine comments as a result of meeting yesterday with those involved. He asked how they intend to address the last four issues raised by Ptlm. Lawson. 1. Visual Distraction - they've done studies of electronic message boards and other locations where people's attention is diverted and there is no evidence in the research that there is a safety hazard. The speeds are low and the intent is to look to both sides. Questions were raised as to how the distance between cars will be maintained. Mr. Abend noted this is not a public street. 2. Gap - there will be variations. 3. Missing 1/3 of exiting traffic has been noted as a typographical error r 4. Lights off - residual light will be sufficient to provide safe lighting and there will be no pedestrians in the area. Tweeter Center Executive Director Bruce Montgomery noted lights off would not be a problem. Attorney Armstrong suggested people could leave their parking lights on. Mr. Montgomery objected, noting having that as a condition of the permit might preclude Midwest Display from operating the event. Town Manager D'Agostino noted the Board has every right to establish conditions on a Special Permit. The Fire Prevention Officer asked about the use of propane for cooking. Ed Traeger, an electrician for Capron Light and Sound, noted they'll be providing the generators for the displays. They will be fueled with diesel and the necessary permits will be obtained. Mr. Montgomery noted Tweeter's concessionaire, New England Sportservice, will be handling food issues. Mr. Trager said they will be using nine generators, with sound levels ranging from 68-74 decibels. He indicated the volume at which he was speaking would be .--. Board of Selectmen Minutes of October 16, 2002 6 r approximately 72 decibels. They are sound-attenuated movie units and wires will be covered with a safety trough over which cars can drive. Attorney Armstrong reviewed the special permit criteria to demonstrate they've met the concerns. He noted: · The benefits outweigh any detrimental effects. · There is no significant negative impact on the health, safety, convenience, general welfare of the inhabitants of the town, pointing out it is a positive family-oriented event that will reflect well on the town and provide funds for MMAS activities. · There will be no negative impact on adjoining property as the event is sited in such a way as to minimize impact on abutters. Music will be played only within the automobiles. · Traffic control measures are in place and there will be no significant negative impact, with traffic being contained within the Tweeter area. If traffic is a problem, there is a state approved traffic plan for Tweeter that can be put into effect. r . Municipal services are adequate and they will not be using municipal electricity. Police and fire details will be utilized as necessary, and the only water/wastewater needs will be from the rest rooms. · There will not be a significant negative impact on the natural environment as there are minimal effects from idling cars and generators. · There will be a positive fiscal impact to the Town with no demand on municipal services while providing temporary jobs and bringing business into town. Cocoa, soda, coffee and donuts-family fare--will be sold at the Village from a pre- fabricated structure. Attorney Armstrong requested the Board act quickly as it takes a couple months to set up the displays. Midwest Displays will not put their trucks on the road until the permits are issue, and he noted there is a 20-day appeal period on the Special Permit. Selectman MacCaffrie asked if any analysis has been done on the emissions from 880 idling cars. .--. I Board of Selectmen Minutes of October 16, 2002 7 (' A conference call was placed to Midwest Display. Mr. Montgomery asked if automobile parking lights are kept on when moving through the display. Mark from Midwest Display said headlights are kept on. He noted it does not affect the lights in the park. Selectman MacCaffrie reviewed a list of correspondence and materials received in response, reading each of them into the record. The following documents were introduced: · Certified copy of Article 45 from the May 7, 2002 session of the April 9, 2002 Annual Town Meeting to allow Mansfield Non-Profit organizations to conduct a Temporary use with a special permit in the Industrial 1 zone for up to forty-five (45) additional days beyond the five (5) allowed · September 24, 2002 Application for Special Permit for Temporary Use · MMAS Tax Payment Certification Form · June 26, 2002 Technical Memorandum, prepared by Abend Associates, Traffic & Transportation Planning Services (' . September 24, 2002 memorandum from Kenneth Butler, General Manager, MMAS to Town Manager, Board of Selectmen, Board of Health, Building Inspector, Town Engineer, Planning Board, and Conservation Commission · Plans titled" Special Permit Application for the Holiday Lights Spectacular 2002,885 South Main Street, Route 140, Mansfield, Massachusetts, pages 1 through 7, dated September 20, 2002 by H.W. Moore Associates, Inc. · Copy of the public hearing notice · July 2, 2002 application for License for Public Entertainment on Sunday, signed by Kenneth Butler · July 2, 2002 application for an Entertainment License (Seven Days), signed by Mr. Butler · October 1, 2002 e-mail message from Mary-Lou Cotton, Selectmen's Executive Secretary, to Mr. Butler .--. · October 3,2002 memorandum from Richard Lewis, Environmental and Conservation Planner Board of Selectmen Minutes of October 16, 2002 8 r · October 7, 2002 memorandum from John D. Sullivan, Jr., Town Engineer · October 7, 2002 memorandum from Patrolman Lance M. Lawson, Traffic Safety Officer · October 8, 2002 memorandum from Shaun P. Burke, Director of Planning and Development · October 9, 2002 memorandum from Robert P. Bellavance, Deputy Fire Chief Attorney Mangiaratti noted section 5.5.6 is already in the Zoning By-Law and is the portion of the Zoning By-Law that relates to the issuance of a Special Permit. The remainder of the procedures outlined are consistent with Chapter 40A which authorizes Special Permit uses. He further explained that the Draft Decision prepared by Shaun Burke was provided as the type of form needed and any comments received would be incorporated into it. r Selectman MacCaffrie noted the name of applicant is stated as MMAS, but in item 10 it states MMAS in partnership with The Tweeter Center, which he believes is opposite of the intent of the by-law. Attorney Armstrong indicated the applicant is MMAS. Public Comment: Peter DeTrolio, 496 Elm Street - asked if there are going to be signs for no beeping of car horns. Mr. Montgomery noted they could put one up. Mr. DeTrolio also stated he hopes taxpayers are not paying for Town Counsel to protect the Town when the issue is created by Tweeter Center. Selectman MacCaffrie noted the fee was $385 plus costs incurred Selectman McCarter suggested it's human nature to beep the horn when people see a sign that says no horn beeping. Carol Sosman of Windchime Drive - stated she's amazed at the level of detail that has been presented and has reached a place where she feels the Town is protected and believes any remaining questions can only be discovered by giving the project a try. She noted the permit ends on December 3¡st, at which time the experience can be reviewed. r Mickey Fournier of 28 Ephriam Drive - noted this is a family-oriented holiday program to benefit our families and those of surrounding towns. If mistakes are made, they will have to be corrected. She noted going to a light festival in Sarasota, Florida, last year and said it was wonderful. She spoke of how hard Board of Selectmen Minutes of October 16, 2002 9 r MMAS has worked over the years in trying to come up with funds to keep the organization going and noted this sounds like the best way to go. Wendy Johnson of 14A Bicentennial Court - has volunteered at MMAs and has seen the paperwork that's gone through, with questions being answered in a timely manner. She requested the Board come to a complete decision this evening. Terese Campbell of 31 Samoset Avenue - asked if the Board will come to a decision tonight or if they'll drag it out. Selectman MacCaffrie said this is a contractual agreement and it bothers him when a legitimate sponsor is the lead, stating it's a 51/49 or 50/50 agreement between parties. He suggested in this case MMAS meets the letter of the by-law change, but it bothers him that it says MMAS in partnership with Tweeter Center. He noted MMAS is receiving only 10'0 of the take. Attorney Armstrong stated they're happy with the amount they'll get, pointing out Tweeter Center is bearing all the expenses and liability. (' Selectman McCarter asked if the Board needs to find in their decision that each condition is met. Attorney Mangiaratti noted the information is in the materials provided. Attorney Armstrong had a summary of the findings, in addition to the summary provided by Mr. Burke. Selectman Amoruso disclosed he is a member of MMAS and asked what their plan is to stop the traffic in the queue so they won't continue after closing time. Mr. Montgomery said because there are no impacts of noise or traffic, the gates will not close until the closing time, with the potential of the actual end of the display being 11 or 12. Motion: To close the Public Hearing at 9:35 p.m. (Amoruso-McCue) 5-0 Passes Selectman McCue noted a number of issues raised by staff and stated the applicants have done their best to mitigate what might be perceived as concerns. He said the long process has been necessary, noting this is the first time the Selectmen have heard the presentation and he spoke of the responsibility that goes along with making the decision. He suggested the Board has the ability to deny a permit next year if it doesn't work out this year and noted he will support granting the permit. ,"'-- Selectman MacCaffrie said he looks at it for the whole town and anyone else that may come before us requesting such a permit. Because the by-law wasn't further Board of Selectmen Minutes of October 16, 2002 10 r- amended to establish the procedures, he will go with the explanation that the partnership is something new and something started and MMAS will go forward and fund the entire production on their own next year at a place to be determined. He noted he did not want the town to be put in a position of being taken advantage of by anyone who wants to come in. He said he will set aside his belief that there is a business proposition being made by someone other than MMAS. Selectman Amoruso noted both police and fire hire outside groups to do fundraising and a significant portion of those proceeds go to the fundraiser. He noted in this case MMAS does not have the wherewithal and he supports the process they're using. Selectman McCarter credited them with their efforts and stated his belief that enough safeguards have been put in place to protect the town. If anything of a negative nature happens in an unforeseen manner this year, we have the ability to revoke or suspend the license and to not issue it in subsequent years. r-- Selectman MacCaffrie noted the Special Permit has to be recorded at the Registry of Deeds for this event only and for 39 days, with the temporary restriction put on the property until it is released. The decision needs to say it's a temporary use that begins on a certain date and ends on a certain date. Selectman Donovan said he thinks it will be good for the town and believes they've left no stone unturned. He noted it takes a 4/5 vote to approve this permit. Town Counsel Mangiaratti suggested the motion should be to grant with conditions; then go through the conditions, which also require a 4/5 vote. Motion: To find that the applicant has satisfied the requirements for the special permit for the temporary installation of a holiday lighting display at 885 South Main Street (Assessor's Plat No. 16, Lots 7,8 and 11) because: 1. The application and plans meet the submission and technical requirements of the Mansfield Zoning By-Law and the Board of Selectmen finds that the benefits of the proposed temporary use outweigh any detrimental effects. .--. 2. The proposed temporary use will not have a significant negative impact on the health, safety, convenience, general welfare and amenities of the inhabitants of the town.. The light festival is a positive family oriented event that will reflect well on the town. The event will raise funds for MMAS and help support community activities. The advertising will help name recognition for MMAS Board of Selectmen Minutes of October 16, 2002 11 r 3. The proposed temporary use will not have a significant negative impact on adjoining premises, neighborhood character and social structure. The event is sited on the Tweeter Center Premises so as to minimize impact on abutters. There will be minimal noise, just idling cars and state of the art generators. Traffic control measures will reduce traffic impact. 4. The proposed temporary use will not have a significant negative impact on vehicular and pedestrian traffic convenience, safety, and adequacy, including an assessment of movement within the site and in relation to adjacent streets, properties, or improvements. The traffic layout provides extensive queuing space within the premises. There should be minimal if any queuing on Route 140. Traffic flow will be steady, not like concerts where all exits at once. Police details at entrance and employees on site will direct traffic. r 5. The proposed temporary use will not have a significant negative impact on municipal facilities and services, including but not limited to: fire and police protection, water provision, and wastewater disposal. No electricity required because of use of generators. Police details will be provided, fire detail if necessary. Water use and wastewater generated only in existing on-site restrooms, minimal compared to concert use. 6. The proposed temporary use will not have a significant negative impact on the natural environment. Minimal effects-idling cars, generators, little noise that will be quieter that Route 496 or concerts. 7. The proposed temporary use will not have a significant negative fiscal impact, including effect on the tax and employment base, municipal finances, and property values. Minimal negative impact-few municipal services consumed by the event. It will bring people into town who may patronize other town establishments, such as restaurants. It will provide temporary jobs. Arts organizations have an overall positive impact on community and help support property values Motion made by Selectman McCarter/seconded by Selectman Amoruso Roll Call Vote: Selectman McCarter, aye; Selectman Amoruso, aye; Selectman McCue, aye; Selectman MacCaffrie, aye; Selectman Donovan, aye 5-0 Passes Motion: The special permit is granted with the following conditions: /"""""' Board of Selectmen Minutes of October 16, 2002 12 r- The plans for" Special Permit Application for the Holiday Lights Spectacular 2002, 885 South Main Street, Route 140, Mansfield, Massachusetts, pages 1 through 7, dated September 20, 2002 by H.W. Moore Associates, Inc. are incorporated into this Special permit decision by reference and shall be recorded with the special permit decision; 2. All above-referenced department head comments shall be fully and satisfactorily addressed within the twenty (20) day appeal period. 3. Any and all revisions to the plans must be completed within the twenty (20)-day appeal period. 4. This temporary use special permit is valid only for the thirty-nine (39) days between November 23,2002 and December 31,2002 only. 5. This temporary use special permit is granted to the Mansfield Music and Arts Society at 885 South Main Street, during the thirty-nine (39) days between November 23, 2002 and December 31, 2002, and is non-transferable to any other operator, location or time frame. 6. Hours of operation of the temporary use shall be limited to opening the entrance at dusk (4:00-4:30 p.m.) and closing the entrance at 10:00 p.m. Sunday r- through Thursday, and to opening the entrance at dusk (4:00-4:30 p.m.) and closing the entrance at 11:00 p.m. Friday and Saturday. Vehicles inside the entrance after the closing of the entrance may complete viewing the displays before exiting the site. 7. Police officer(s) shall be detailed to direct traffic at the site entrance and/or exit. The Mansfield Chief of Police shall determine the number and location. 8. If queuing of traffic onto Route 140 should occur, the Mansfield Chief of Police may require the Mansfield Music and Arts Society to: a. Add additional cashiers' booths and move these booths further away from the site entrance to allow for additional queuing of cars within the site; b. Implement in whole or in part the Tweeter Center for the Performing Arts traffic management plan that is utilized at this site during the concert season. 9. The entire front parking lot for the serpentine traffic route as shown on plan sheet 4 of 7 titled "Holiday Light Display Master Plan" by H.W. Moore, dated ;- September 20, 2002, is to be plowed after snowstorms, and sanded as necessary. Board of Selectmen Minutes of October 16, 2002 13 r- 10. The travel route through the site shall similarly be plowed and sanded as necessary in order to allow patrons a clear and safe surface to drive or walk upon. 11. A Fire Department detail may be required on site if the Acting Fire Chief determines that same is required to protect the safety of patrons and employees. 12. Prior to conducting this temporary use, the applicant shall obtain all other necessary town permits to assemble/construct and operate the holiday lighting display. 13. The applicant will post signs asking patrons to refrain from beeping their horns Motion made by Selectman McCarter/seconded by Selectman McCue Roll Call Vote: Selectman McCarter, aye; Selectman Amoruso, aye; Selectman MacCaffrie, aye; Selectman McCue, aye; Selectman Donovan, aye 5-0 Passes Motion: To grant the seven-day entertainment license, subject to the conditions of the Special Permit (McCarter-McCue) 5-0 Passes r Motion: To grant the Public Entertainment on Sunday license, subject to the conditions of the Special Permit (McCarter-McCue) 5-0 Passes Motion: To call a five minute recess (Amoruso-McCue) 5-0 Passes .--. Mr. Azinheira said he would discuss highway only because it was now 10:10 p.m. He put together a list of streets they're proposing to do with Chapter 90 Funds. One street added is Brown Avenue on the west side of town because it is in dire need of attention. Only minimal drainage work is needed. He listed the other streets to be done. In March of next year they will be putting together a 5-year plan and will be addressing stormwater issues. They will attempt to do Jewell Street this fall and winter. Angell Street will be done sometime next summer. Their goal is to pave these streets and not have to go back to them for a few years. Near Angell are Senecal, Summit and Morini that also don't have the drainage issues. East Street, Park Street, Park Avenue and Linden Street are another block to be done. Mr. Board of Selectmen Minutes of October 16, 2002 14 Cook noted the road actually flexes in the Back Bay when you drive a truck over it. r They do not yet have even a rough estimate for drainage. They do have a rough estimate for sidewalks. The tentative schedule is to do the drainage in the construction season, to be followed by paving and sidewalk work. There is approximately $800,000 available according to MassHighway to do this work. They've listed $1.3 million worth of work, but the schedule puts them into the future. He spoke of the pavement management system, but in talking with John Sullivan and the GIS consultant they did not feel the timing was right to proceed until GIS mapping is underway. They hope to have it up and running and show it at the Annual Town Meeting so people can see what needs to be done. Reservoir Street was mentioned for drainage and design work. Mr. Azinheira advised the Selectmen they propose to request $12,000 for a line striping machine through CIP using Chapter 90 funds. He also shared a citizen issue with the Board relative to a resident of Mill Street requesting the Town repave his driveway, claiming it was damaged 5-6 years ago by Town trucks when the sewer work was being done. He said they initially thought it might be 10 feet and said they'd do it, with the resident paying for materials. After looking at it, the situation appears to be stress cracks. Selectman MacCaffrie indicated it is an r issue with the contractor who parked their trucks in this driveway, noting it is not an issue for the Town. A private contractor was doing the sewers. Selectman MacCaffrie noted that to the best of his knowledge there were never any Town trucks parked in this driveway. Mr. Azinheira noted they cannot replace someone's driveway and not do it for other residents. It was suggested he contact the developer and contractor. Selectman MacCaffrie stated this issue is different than the situation with Marie Burns, and we did not cause a private contractor to park in this gentleman's driveway. It was generally agreed that this is a situation we cannot remedy. Town Manager D'Agostino noted only one article that needs to be discussed tonight. He advised the Board the Moderator has grouped the articles into five categories and will put five numbers in a hat and draw the categories to establish the order of presentation. He has talked to Youth Soccer and Article 25 will be withdrawn. We need to do additional legal research and the article will not be ready for Town Meeting. The Board needs to determine if they want to set a policy to cover situations such as this. Bruce Freal said he will cooperate with the Town's wishes .--. and will continue to work with us on this. Board of Selectmen Minutes of October 16, 2002 15 r He next spoke about Article 27, petitioned by Kenneth Wright. He noted it is our belief the Chief supports it as Mr. Wright is now an auxiliary officer. Exceptions to the law are made through petition and this is a petition by an individual who can take it to the State if approved at Town Meeting. There is no reflection of the Town's policy in this article because it was brought by petition. The Town set a policy long ago that we were going to abide by the age restriction. Selectman Amoruso indicated it appears that department head decisions are being made that are contrary to the policy. Town policy cites the maximum age of 32. Article 28 - Acceptance of Ridgeview Lane - a memorandum was received from the Town Engineer reporting all punchlist items have been completed to his satisfaction and recommending the street be accepted as a public way Motion: To support the acceptance of Ridgeview Lane based on the report of its completion (MacCaffrie-McCue) 5-0 Passes The Town Manager was asked if he had any additional information as to why the Zoning By-Law as it relates to Article 1 was changed to R-3 in the first place. He will get a written explanation from the Planning Board, which supports the article. (' Article 29 - To authorize Kenneth Wright to be eligible for appointment as a full- time Mansfield Police Officer Motion: Not to support because it is contrary to Town policy (Amoruso-McCue) 5-0 Passes The Town Manager reported: . tomorrow he and Superintendent Moretti will tape an informational discussion on Warrant articles for cable and provide background information on each of the articles. Selectmen are welcome to join them. There is a need to clarify the surplus and the budgeting and the idea we over-budgeted in the '02 budget. He reminded the board we did impose a spending freeze in order to increase free cash to add to stabilization and conservatively estimated revenue-which resulted in our ability to meet charter school assessments. We did not over- budget, but rather handled our resources well with less than 3'0 left. r- Board of Selectmen Minutes of October 16, 2002 16 r- · Effective November 2nd he is announcing appointment of Deputy Fire Chief Bellavance as permanent acting chief until such time as a permanent chief can be named. November 2nd is the official retirement of Chief Sliney. · Have had several noise complaints from residents relative to Tweeter Center. Resident Costello has called, Susan Owens indicated the Nelly concert ended at 11:15 p.m. (after-show report says 10:20 p.m.) Mary Cinelli and Peter DeTrolio also have complained. If there is a desire to do anything we need to establish a noise ordinance for the Town in the form of an article at Town Meeting. Selectman Amoruso noted the effect of weather conditions (atmospheric conditions) affecting the noise level. · There are three CIP articles approved at the Annual Town Meeting that he'd like to move forward with. They are Inflow and Infiltration reduction, Kingman Pond Dam, and the document imager for the Town Clerk's Office. We have the funds held in abeyance from the Annual to see how we fared with the budget and he believes we're now in a position to move forward with these items. Motion: To extend the meeting by 3 minutes (McCue-MacCaffrie) 5-0 Passes if Selectman MacCaffrie: · Read a letter received from Eagle Scout Candidate Ben Cuneo who is doing the Memorial Park project with the flagpoles and walkway. He noted Ben is still looking for donations. Town Manager D'Agostino reported the DPW is looking into purchasing two flagpoles. · Read a letter from Southeastern Regional Tech regarding the appointment of a representative for collective bargaining. Get more information. Other issues brought up were: · Director of Parks and Recreation Director Lorilee Fish would like to know if the Selectmen will be participating in the Annual Halloween Parade. Selectman McCue said he wi/I know tomorrow. · The letter received from Bruce Glazer regarding the Cable Access Studio will be discussed next week. r Board of Selectmen Minutes of October 16, 2002 17 r r ;- At this point in the meeting Town Counsel presented the final Special Permit Decision for the MMAS Holiday Light Festival. Motion: To sign the special permit (McCarter-McCue) 5-0 Passes Motion: To adjourn at 11:08 p.m. (McCue-McCarter) 5-0 Passes IO/Z7/ð~ , Date of Approval Board of Selectmen Minutes of October 16, 2002 18