HomeMy WebLinkAboutmin brd of selectmen 06/19/02
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June 19, 2002 f.' '1' . \t.lD11~
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Present:
Chairman Daniel Donovan; Clerk Steven W. MacCaffrie; Vice Chairman
Michael W. McCue; and Selectman Louis P. Amoruso. Selectman
McCarter was not present because he and his wife were celebrating
their 20th wedding anniversary.
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. 52 in the amount of $5,635,032.73
Motion: To approve and sign
(MacCaffrie-McCue) 4-0 Passes
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· Minutes of June 12, 2002
Motion: To approve and sign
(Amoruso-McCue) 4-0 Passes
· Minutes of June 17, 2002 Chairmen's Meeting
Motion : To approve
(MacCaffrie-Amoruso) 3-0-1 with Selectman McCue abstaining because he
was not present at the meeting Passes
· Amended All Alcoholic Beverages Package Store License of Dub's Discount
Liquors at 30 Chauncy Street noting the expansion, which has been approved by
the A BCC
Motion: To sign the license
(Amoruso-McCue) 4-0 Passes
· One Day Beer and Wine License for Saturday, July 6th from noon to 11 p.m. for
~ Tri-County Beagle Club
Board of Selectmen Minutes of June 19, 2002
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Chairman Donovan passed the gavel to Vice Chairman McCue because Chairman
Donovan is a member of the Tri-County Beagle Club
Motion : To approve
(McCue-Amoruso) 4-0 Passes
Town Manager and Staff
. Memo from Town Manager re: Sale of Town-owned Land to Michael McClanahan;
E-mail from Town Counsel Robert Mangiaratti with documents requiring
signature for sale of land to the McClanahans
This was tabled from last week Mr. McClanahan was present and was invited to
speak to the Board. Chairman Donovan noted he went and looked at the
property. The Town Manager referenced the memorandum he put together
regarding the procedures for the disposal of Town-owned land that has been in
effect since 1989. Selectman MacCaffrie pointed out the memorandum
indicates it is a buildable lot, but the question remained as to whether anything
could be put on it. He also noted the plan doesn't show if there's an easement
r and questioned whether the parcel should be put into the name of the person
who owns the abutting property and is purchasing it. Mr. McClanahan stated
that both his house and this parcel will be in the name of M&M Realty Trust.
Chairman Donovan noted this is an issue remaining from a prior Board. Mr.
McClanahan stated the easement is in the deed work Selectman Amoruso said
he spoke with Mr. McClanahan and made an attempt to view the tape of the
Town Meeting at which the sale was approved. He does not feel uncomfortable
going forward with this, provided Mr. McClanahan agrees to put the two parcels
in the same name. Selectman McCue said he realizes the amount of work done
by Mr. McClanahan and has reviewed the situation.
Motion: To approve the sale, contingent upon both parcels being put in the
name of M&M Realty Trust and recorded at the same time.
(McCue-Amoruso) 3-1 with Selectman MacCaffrie opposed because the
Town Meeting vote was not recorded as the property being sold to a particular
individual Passes
. Preservation Restriction Agreement for Fisher-Richardson House that needs
signatures
Motion: To sign the agreement
(Amoruso-MacCaffrie) 4-0 Passes
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Board of Selectmen Minutes of June 19, 2002
2
r . Report of Ptlm. Lance Lawson on previous request for Willow Street signs
Willow Street is a scenic roadway that has many limitations. DPW Director Lee
Azinheira recommended a second "Go Slow Children" sign and another 25 mph
sign in the area of Cobbler Road, as well as a "Dangerous Curve" sign in the 140
block of Willow Street.
Motion: To accept the recommendations of Ptlm. Lawson and Lee Azinheira
(Amoruso-McCue) 4-0 Passes
. Memo from DPW Director Lee Azinheira recommending water rates as shown on
the formal water rate sheet be voted to go into effect June 1, 2002, which will
result in new rates being effective in the August monthly bills and the
September quarterly bills.
Kurt Gaffney, Water Operations Manager, was present. Selectmen Donovan
noted North A ttleboro raised their rates 38% all at once. The average
quarterly bill in Mansfield would be $87.90 with the 6% increase. Last year's
increase did not cover the cost of operations.
Motion: To accept the schedule of water rates as provided by Lee Azinheira
and Kurt Gaffney
(Amoruso-McCue) 4-0 Passes
r . Two local official bonds to be signed for Richard V. Boucher as Treasurer and as
Collector
Motion: To authorize the Chairman to sign the bonds
(Amoruso-MacCaffrie) 4-0 Passes
Residents
. Request for change of date for previously approved block party of Bella Vista
Avenue residents from September 7th to Saturday, August 10th with a rain date
of Sunday, August 11th.
Motion: To approve the change of date to August 10th upon the approval of the
Police and Fire Chiefs.
(MacCaffrie-McCue) 4-0 Passes
Jay Barrows and Trish Bolea were present to request the Board's approval of the
closure of North Main Street for their Annual Sidewalk Sale and Celebration on
July 10th beginning at 5:30 p.m. and reopening at 10:00 p.m. They've spoken with
r Officer Crickard and he feels comfortable with their ability to handle the traffic
through the Route 106 intersection. There will be about 70 organizations and
Board of Selectmen Minutes of June 19, 2002
3
r businesses participating. The event will begin at 6:00 p.m. All businesses in
Mansfield and all local non-profit agencies are invited to participate. Mr. Barrows
can be contacted at 508-339-7260 if people have any questions or comments or
wish to volunteer their help. Selectman MacCaffrie asked that people be allowed to
go down Rumford Avenue and a short distance the wrong way on Thomas Street and
out onto Route 106. He noted his concern about people not being able to get from
one side of town to the other when they're sent north on Rumford Avenue.
Selectman McCue also suggested setting up a Town booth with recycling bins and
information on recycling. The Town Manager suggested it would also be a good time
to kick-off the water conservation abatement program.
Motion: To close North Main Street from South Common to Route 106 from 5:30
to 10:00 p.m. for the Downtown Sidewalk Sale on July 10th.
(Amoruso-McCue) 4-0 Passes
Stephen Cerullo, Manager of C. J. Scooters was present to discuss C. J. Scooter's
progress. He noted he took it over back in October and renovations turned into
r demolition. All the electrical work had to be taken out, and the more they got into
it, the worse it got. They filled three 30-yard dumpsters with debris. It didn't
take long to go through $50,000., but everything has now been brought up to code.
He's just procured additional money and is now ready for the next phase. It is his
intention to build a kitchen and bring the place up to par. He pays a separate rent
for the diner and the bar and needs to have food to sustain his investment. He
presented a plan prepared by Paul Jodice and said he wants to do the right thing.
Selectman McCue noted the alcohol license was granted with the understanding
that food would be served. He asked what can be done to offer relief. Health
Agent Scott Leite noted Mr. Cerullo can take as long as he needs to do the
renovations, but he hasn't served food since before Christmas. The Selectmen
issued a common victualler license, which also affects his alcohol license, and he's
been serving alcohol without food since before Christmas. A kitchen has to meet
standards for sanitation and the operation of a restaurant and have a certified
food handler. Mr. Cerullo has now filed a plan. Discussion ensued as to whether
sandwiches could be prepared at his other place and brought in refrigerated and
served as a means of bringing him into compliance with his license. Mr. Cerullo said
he expects to be able to complete the work in two months. The question arose as
to whether the common victualler license issued needs to be revoked. When the
license was granted, it was issued in good faith and there were unforeseen
r circumstances that needed immediate attention. His intent is to bring the facility
back up to code and Selectman McCue suggested the Selectmen offer some leeway
Board of Selectmen Minutes of June 19, 2002
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r if possible. Selectman MacCaffrie noted the law doesn't say what kind of food
must be served, but it's the intent that there has to be food to mitigate the effect
of the alcohol. The kitchen was open at the time the license was granted. The
Selectmen's concern is not when the restaurant opens, but whether any licenses
granted are being violated. Mr. Leite noted if he's selling food, there are standards
that must be met. If he can meet them, it's not a problem-he just can't operate.
The issue needing to be addressed is the alcohol license. It was suggested
substantive microwavable food be served. Mr. Cerullo stated he serves hot dogs
and meatballs from 4-6 p.m., but he's basically operating the facility as a bar.
Mansfield does not have tavern licenses, and food must be served when alcohol is
available under the requirements of the license issued. Mr. Cerullo said he does not
have the facilities to do so. Selectman MacCaffrie suggested prepared sandwiches
be kept in the refrigerator and a menu be available for people to order from.
Motion: To table the matter until July 10th, with the Health Agent providing a
report in two weeks, and to allow Mr. Cerullo to straighten out his ability to serve
food and to have the place where it's served acceptable to the Board of Health;
when Mr. Leite provides the report, to review the progress and to determine at
that time if the intent of the license is being met.
(MacCaffrie-McCue) 4-0 Passes
r Chairman Donovan asked Mr. Leite to explain what a certified food handler does.
Mr. Leite explained there are courses that train people on proper washing of their
hands, the preparation and storage of food. A certificate is granted upon
successful completion.
Mr. Leite reviewed the situation with the Regent Café. They have a kitchen, but do
not have food handler's certification. He has provided the information to Mr.
Pascucci and he will send someone for training and certification and will provide
evidence of certification to the Board of Health.
The Town Manager reported:
. An opinion was received from Attorney Mark Roberts on the clearing of the
former Great Waves site. The order of conditions relates to the wetlands and
the land itself and is not project specific. We do, however, need to continue to
monitor their compliance with the order. The recent by-law change does not
apply to this project as it occurred after the issuance of the order. If the
r project is cleared beyond the original order, a public hearing would need to be
held for a new permit and the new by-law would then apply. All the necessary
Board of Selectmen Minutes of June 19, 2002
5
r Army Corps permits have been obtained, the land clearing permit has been
obtained through the EPA's Washington office. It appears as though they're
acting within the superceding order of conditions. They could have pursued an
extension, but that is an appealable action and they did not wish to purse that
option based on their prior experience. They therefore decided to go forward
with the work under their current permit. Selectman Amoruso asked that the
Town Manager check to see if the order of conditions permitted pavement or
any impervious surface to be put down. Town Manager D'Agostino noted if they
are doing anything outside the original order, we have the right to pull them in
and ask what they're doing. It was suggested that be investigated now before it
has to be done on an emergency basis. If they extend beyond the original order
of conditions, we need to step in. Selectman MacCaffrie noted that in the
memo of John Sullivan it shows the order of conditions expiring in August of
2003. He questioned why there was such a rush to do the work prior to the
expiration of the order.
Lou Andrews of Fruit Street representing Natural Resources Trust (NR T) -
noted he and Leonard Flynn met with Mr. Ting last week, at which time Mr. Ting
indicated they are clearing the land to make the property more marketable.
NR T has taken aerial photos and they are continuing to monitor the situation to
,r be certain the wetlands are not affected.
. A meeting was held with Mansfield Music and Arts Society (MMAS) on Monday
to discuss the process for the Light Show. We will require plans and proper
permits to be issued along with the entertainment license. We met with MMAS
to assist them in getting the plans in and reviewed by staff, and for staff to
make a recommendation to the Board. Selectman MacCaffrie noted coming
across MGL 40A, subsection 11, 10.3.3 in researching the issue that addresses
the matter of who the permit can be issued to when the owner of the property
and the applicant are not the same entity. He questioned the applicabHity of
this section to others. The question discussed was whether the special permit
can be issued to the applicant if they are not the owner of the property. He
suggested we can probably issue the special permit to MMAS, as long as there is
involvement on the part of the landowner. The Town Manager noted they need
to follow the procedure for the Special Permit process. The rules are set by
statute, but there will be modifications necessary in the issuance of the special
permit.
. We have an opportunity for five employees or staff to view the Big Dig project
on July 18th. We currently have four people who have expressed interest. If
r any selectmen are interested in attending, please let Mary-Lou know.
Board of Selectmen Minutes of June 19, 2002
6
r . Updated the state of the High School track project. It will be necessary to
keep people off it for a couple of weeks to allow for the surface to cure
properly. It will have to be treated every five years to ensure that the level of
viability remains acceptable to the users. Mr. Piasecki reports that kids are
lighting bottle rockets and firing them onto the field. Selectman MacCaffrie
asked about hiring a security firm between 9 p.m. and 5 a.m. and the Town
Manager will check into it. Signs should be posted and notices should be sent
out to notify people that the track will remain closed for a period of time.
. We're in the process of preparing an analysis of the cost of the early
retirement program. It will result in $175,000 for insurance for additional
employees and there may not be a cost savings in the early retirement program
for the Town of Mansfield. The positions of many of those who have indicated
an interest in participating in the program will need to filled with new personnel.
Selectmen questioned whether the effort involved would result in any
significant benefit to the Town. Mr. D'Agostino noted the assumptions made in
December have validity today. The Senate version of the budget provides for
an additional $1 million in revenue. The House version left us with a deficit.
The cost of health insurance in our budget now is over $4 million. Four years
ago it was $2 million. We're continuing to look at the financial impact of the
r early retirement program.
. We are seeking additional information from MassHighway District 5 prior to
accepting their offer of including sidewalks in their repaving of the old Route
140. They have not presented much in the way of specifics with their offer.
Selectman McCue:
. We're moving forward trying to see what Bridgewater State College can do
for us in terms of grant writing. We'd like to involve the Schools in this also.
. Asked if it's necessary to re-send a joint letter of the Mansfield and Norton
Boards of Selectmen regarding the southbound ramp of Route 495. An
attempt is being made to set up a meeting to develop a strategy to move the
issue of the access ramp along. The Town Manager said he'd like to set up a
workshop session with Norton and our representatives to pursue this.
Motion: To set up a meeting
(McCue-Amoruso) 4-0 Passes
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Board of Selectmen Minutes of June 19, 2002
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r Selectman MacCaffrie:
· Clean-up at 234 Mill Street - they're starting to lose the edge of the street
now and Mark Cook says he'll go down and take a look at it tomorrow.
· Has the information on Essex Street.
· Mr. Boynton's water issue has been resolved.
Selectman Amoruso:
· Has a note on his calendar about a luncheon at Wheaton and wants to make
sure we're represented. Chairman Donovan and the Town Manager will
attend
· Would like to bring up and vote at the next meeting on the draft agreement
for the cable van as amended. Bill August should be able to provide us with a
copy of the final agreement, which increased the amount to $10,000 for
step van and gave them permission to pick it up.
Chairman Donovan:
· Asked what's happening with the flagpole at the East Mansfield Common.
( It's not covered by insurance, but there is some effort to get it repaired or
replaced. We've sent letters to Ambassador Ce/luci and the Canadian
government. Bob Bean is speaking with shipbuilders about repairing it.
· Reported it was good to have all the chairmen at the meeting the other night
and they offered much information.
Selectman McCue:
· Asked for a listing of what towns and cities in the Commonwealth currently
have the proper zoning to accept bio-technology companies.
· Asked what it would require for us to join the Attleboro Economic Target
Areas (ETA) with regard to income. He suggested a regional approach be
looked at. The Town Manger said he believes the regulations have been
refined to allow contiguous communities to be eligible and he will ask Shaun
Burke to look into it.
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Board of Selectmen Minutes of June 19, 2002
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r Selectman MacCaffrie:
. Noticed in reviewing the McClanahan package that it was one parcel of five
that were deeded to the Town. He asked that it be checked into to see if
the other parcels would be available for the use of the affordable housing
group.
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. Asked if an application has been received by the Tweeter Center for
expanded parking and why the Selectmen were not advised of receiving it.
The application was received in a sealed envelope on Frläay and the
secretary was not in that day. When she returned on Monday, it was opened'
however the application was lacking the necessary site plan information. She
spoke with Tweeter Center's Executive Director Bruce Montgomery to
notify him of the need for plans. A t that time there was discussion
regarding the timetable necessary to have the license granted and Mr.
Montgomery indicated that he must obtain a special permit prior to the
issuance of the license. The Secretary advised Mr. Montgomery of her
doubts about the Selectmen's ability to act on the application until such time
as the Special Permit has been granted. The application was therefore
placed in the pending business folder. Selectman MacCaffrie asked that the
application and fee be returned to the applicant if it's not ready for their
review. Discussion ensued as to the parking fees charged limousines.
Selectman MacCaffrie state his belief that if they're paying a fee to stay at
the Tweeter Center, they are parked and the Tweeter Center should have an
open air parking permit for the limousines. He questioned what the VIP
parking lot is for. Selectman McCue requested a copy of the minutes at
which limo parking was discussed previously. He also asked that Tweeter
Center proV/äe the Board with a copy of what they presented previously
about limo parking and the access fee.
. Spoke of cable work being done on the poles near his house in the middle of
the night and were very noisy. He noted it is inexcusable. QSS Cable
Company is working throughout town from 12 mlänight to 6:00 a.m. replacing
existing cable. It was noted there may be a reason for it being done during
those hours, but they did have a police detalZ
Selectman Amoruso:
. Received a call about is a large pothole that needs to be looked at along the
side of the road between Forbes Blvd. and the bridge.
Selectman MacCaffrie:
,,-. . Received a letter from a Norfolk resident about concert tickets being sold
on the internet. He suggested the letter be sent to the Attorney General's
Board of Selectmen Minutes of June 19, 2002
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Office. Selectman Amoruso suggested we also ask Tweeter Center to
respond to the letter.
· Motion: To send a letter to the Attorney General
(Amoruso-MacCaffrie) 4-0 Passes
Selectman Donovan:
· Asked people not to use the water or flush their toilets during the relining
of the sewer pipes in their area as it causes problems with the work being
done.
Selectman McCue:
· Asked if we can do something about the brightness of the lights on the Tyco
sign. There have been complaints regarding safety concerns and they may
need to lower the wattage or adjust the cant of them.
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Selectman MacCaffrie read a statement regarding questions and comments, noting
personality innuendoes are not appropriate and lead to the breakdown of
communication.
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Lou Andrews representing the Airport Commission - updated the Board on the
progress of the Request For Proposals (RFP). It was submitted to the Town
Manager and staff for their review two weeks ago. Yesterday Mike Ahern spoke
with the Inspector General's office and suggestions were made. The bid process
would be simpler in establishing the criteria and reviewing bids. The RFP process
requires a review of all the qualifications and they feel it is over-kill. They also
suggested the RFP is overly complex. He noted the type of people they want to
attract do not have the resources to submit a proposal of this complexity. Their
main purpose is to get someone to meet their qualifications and comply with Federal
Aviation Authority (FAA) regulations. Selectman MacCaffrie stated the low bid
does not have to be accepted if there is a substantial reason to refuse it due to
qualifications. In this instance everything is predicated on price and not
qualifications. They cannot ask the proposer to be creative. Selectman Amoruso
spoke of his own experience with the state in bidding on work, and noted what they
require and what they do themselves is very different. Mr. Andrews suggested
that Mike Ahern and Betty Amicone take the RFP information and put it into bid
form. There are FAA regulations over which the Airport Commission has no control.
As a part of the requirement for operating the Airport, the management must
provide a flight school that meets their needs. The Town Manager noted it
appeared that members of the commission and the advisory committee mentioned
Board of Selectmen Minutes of June 19, 2002
10
r at the last meeting that they're looking to get the most for their money. Nobody
could guarantee that we'd get someone to present a proposal that would sustain the
needs and expenses of the Airport. Selectman MacCaffrie saId he had no
preference regarding an RFP or a bid, as long as everyone gets what they want.
Selectman Amoruso questioned why all those who have procurement certification
saId it should be an RFP and are now willing to put it out to bid. The Town Manager
explained that initially we were talking about qualifications being the primary
motive. We also need to get the dollar amount we desire and it's turned out that
the bId process would best serve our purposes. Selectman McCue suggested that
experience is often the best teacher and, if they've learned that the RFP process
will not enable them to obtain their goals, it's a shame they've reached this level of
frustration after spending so much time working on the RFP on the advice of staff.
Mr. Andrews noted the effort was not wasted, as it's helped them to better define
what they're looking for. He suggested Mike and Betty be allowed to reformat the
RFP into a bid format and they believe they can do so by next Tuesday. They'll then
present it to the committee and advisory group and it will go out to bid, with a
contract offered within 30 days of bid acceptance.
George Dentino, Gladiola Terrace - said he had time to think about a number of
statements made by the Town Manager last week and has concluded they were
r accurate. He stated he does meet with staff; did not have the piece of
correspondence the Town Manager was referring to; and did have another memo
which the Town Manager said he did. He went back to when Mr. Donovan was
elected, stating at that time Mr. Donovan chastised people who didn't participate in
Town Government. He noted Questions and Comments have historically taken place
after the reading of the correspondence and they've been moved by Chairman
Donovan to the end of the night. Mr. Dentino state he believes this discourages
people from participating in Town Government because people can't get babysitters
and sit here all night waiting for Questions and Comments. He asked that he
reconsider his position on the matter. Chairman Donovan noted he prefers to take
care of Town business first and will continue to have Questions and Comments at
the end of the meeting. Chairman Donovan further advised Mr. Dentino that when
he (Mr. Dentino) is Chairman of the Board of Selectmen, he can put Questions and
Comments wherever he'd like to.
Motion: To adjourn at 10:40 p.m.
(McCue-Amoruso) 5-0 Passes
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Board of Selectmen Minutes of June 19, 2002
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Date of Approval
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Board of Selectmen Minutes of June 19, 2002
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