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HomeMy WebLinkAboutmin brd of selectmen 06/19/02 \\Iq) f" , \¡ '-, ", .~ \' \ (" ,- ..' I ,^, 'I"~ L,' \ \.' .... ','" '\ r Board ~f Selectmen' , . , M" <3~ 'l Ó Minutes of \.Y2. j\~H '2.1 June 19, 2002 f.' '1' . \t.lD11~ \ \ '. . ,.'Ire ;:) ~ Î" \.J.) \:.. tJ!\. c,~: ¡-.... \ \ \1""'" 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 r · 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 1 r 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 r 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 4 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 r Board of Selectmen Minutes of June 19, 2002 7 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. ,~ Board of Selectmen Minutes of June 19, 2002 8 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. r . 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 9 r 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. r Selectman MacCaffrie read a statement regarding questions and comments, noting personality innuendoes are not appropriate and lead to the breakdown of communication. r 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 ~ Board of Selectmen Minutes of June 19, 2002 11 r- 6/z'~0 , ( Date of Approval ~..'C/ r ~ Board of Selectmen Minutes of June 19, 2002 12