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HomeMy WebLinkAboutmin brd of selectmen 03/02/05 / .r- Present: Town of Mansfield Board of Selectmen G~) 1\ l. r~ 109: 0 [I Minutes of March 2, 2005 v'- ILL d Chairman Steven MacCaffrie; Vice Chairman Roger J\1JMifetciJ}kS!J.Jid Dolan; and Selectman Louis Amoruso Selectman Michael McCue was absent from meeting Town Manager John o. D' Agostino The Board of Selectmen's meeting was called to order at 7:30 p.m. followed by the Pledge of Allegiance. . Warrant No. 36 in the amount of$ 765,145.77 Motion: To approve (Amoruso / Achille) 4-0 Passes . Regular Session Meeting Minutes of February 23,2005 Motion: To approve (Achille / Amoruso) 4-0 Passes r . Letter from the American Federation of State, County and Municipal Employees (AFSCME) dated February 17th notifying the Board that Robert Nizzari has been assigned to the AFSCME unit in our district. . Letter from Woodard & Curran dated February 18th informing the Board that a Response Action Outcome (RAO) has been prepared for Chauncy Street and Forbes Boulevard. A copy of the document is available for the Board's review. . Letter from MassHighway dated February 22nd providing a copy of the Williams Street/Wading River Bridge inspection. A copy of this inspection was also forwarded to DPW Director Lee Azinheira. Selectman Dolan commented that MassHighway has done an outstanding job on Route 140 . Memorandum from Bristol County Commissioners dated February 22nd regarding the Bristol County Community Service Grant Program. . Memorandum from Massachusetts Municipal Association (MMA) Executive Director Geoff Beckwith to MMA Executive Committee Members dated February 23rd announcing upcoming meetings of the MMA Executive Committee. . Correspondence from the Canoe River Aquifer Advisory Committee dated February 24th providing their March 3rd meeting agenda and the minutes from their February 3rd meeting. r . Letter from Massachusetts Municipal Association (MMA) dated February 24th announcing the 2005 MMA Spring Regional Update Meetings. Board of Selectmen Minutes of March 2, 2005 1 r r ,-.. . Thank you card from Silvio Morini dated February 28th to the Board thanking them for acknowledging him and for presenting him with the Boston Post Cane, the plaque, proclamation and the pin. . Memorandum from Town Manager to Police Chief Arthur O'Neill dated February 22nd regarding tow truck operators and cleaning up debris caused by accidents. . Correspondence from Building Inspector Nick Riccio received February 28th regarding the job description for the Assistant Inspector of Electrical Wiring. o Chairman MacCaffrie said he noted an error in the description and believes it is written in violation of a law. Town Manager said, that in speaking to Nick, the language that is included came directly from the State Building Code. Chairman MacCaffrie said that he couldn't vote for it in this manner. Selectman Dolan asked if we could check with Nick before we act on this. No action taken on job description at this time Senator Timilty introduced himself to the Board as Mansfield's State Senator. Noted that things are moving along in the State House but there was a slight delay with a change in House leadership. Sen. Timilty opened a district office in Attleboro, located at 184 N. Main Street, which will bring the State House closer to his constituents. He is the Senate Chair of Municipalities and Regional Government, which will deal with home rule petitions. Hearings will begin sometime in the middle of March and the three of Mansfield's will be in the pipeline quickly. The Committee will also deal with Chapter 40B and Chapter 40R issues. Senator Timilty noted that he shares Mansfield with Representatives Betty Poirier and Mike Coppola and noted that Rep. Coppola is also on the Municipalities and Regional Government Committee. Senator Timilty went on to tell the Board that he is Vice Chair of Tourism, Arts and Cultural Development and commented that the tourism industry needs to grow and expand. Sometime in March a plan will be unveiled to attract international tourists. Sen. Timilty listed the other committees he serves on: Transportation, Elder Affairs and Community Development and Small Business. He added that he would do his best to serve the Town of Mansfield in the manner of Jo Ann Sprague. He commented that he is excited about the opportunity and ready to go to work. Selectman Achille thanked Sen. Timilty for coming by and congratulated him on his victory. He noted that it sounds like Sen. Timilty is on top of things and busy with committees, especially with Municipalities and Regional Government. Sen. Timilty noted that he will come before the Board whenever he's needed on any issue. Selectman Amoruso told Sen. Timilty that he appreciates him coming down and it sounds like he is working on a lot of issues and welcomes his input. Sen. Timilty noted that he had a nice, seamless transition with Senator Sprague and is trying to do the people's business and enjoys getting a chance to help people. He added that he did office hours in Mansfield and will advertise future office hours. Selectman Dolan congratulated Sen. Timilty and thanked him for stopping by. Chairman MacCaffrie commented Board of Selectmen Minutes of March 2, 2005 2 r that he looks forward to working together with the Senator and told Sen. Timilty to please feel free to let the Board know if they can be of assistance. John Sullivan, Town Engineer & Dave Field, Senior Engineer were present for the discussion of the Town of Mansfield Sewer Use Regulations and the Town of Mansfield Drainlayer's License and Sewer Permit Regulations. Mr. Sullivan noted that revisions have been made to two sewer documents. The change to the sewer use regulations is minor and made an amendment to the procedure and no action is needed now because the Board approved the changes on October 27,2004. Mr. Sullivan added that the Engineering Department has taken a harder look at the drainlayer's license and sewer permit design, found it was lacking to some degree and made some changes to it, as it has not been updated since 1998. Mr. Field noted that the format of the document has been modified to follow the model "House Lateral Design Standards" as produced by the New England Interstate Water Pollution Control Commission, who is also responsible for TR-16. r- Mr. Field discussed the major items that have been changed from the 1998 version, which include changing the name to "Town of Mansfield Drainlayer's License and Sewer Design and Construction Regulations"; general formatting has been changed, including the appearance of the application and bond form, but the legal content has not changed; changed the license term to calendar year to coincide with typical construction season, and consistent with permit numbering system; eliminating the 12 price adjustment for licenses after 6 months into the year; added additional language detailing the reasons for a "notice of violation"; added specific language for sewer repair and disconnection permits; added sections for trenchless technologies and sewer easements; and updated and included additional standard sewer details. Board members asked for minor revisions to specific sections of the document, such as revising section 3.4 to allow the Town Engineer to impose fines rather than the Sewer Commissioners, since the Sewer Commissioners hear the appeals of those fines; revising section 3.2.2 to add the extra six months needed to adjust the license term from fiscal to calendar year to the licenses currently in effect; and adding additional language to section 4.0.10, which notes that police details may be required by the police when working within the traveled way of a street. Motion: To amend and adopt revisions to the Town of Mansfield Sewer Use Regulations and the Town of Mansfield Drainlayer's License and Sewer Permit Regulations (Amoruso / Achille) 4-0 Passes ,-- Board of Selectmen Minutes of March 2, 2005 3 r- Bruce Montgomery, Executive Director of the Tweeter Center, was present for the entertainment license discussion and noted that this is Tweeter Center's 20th season. Chairman MacCaffrie noted that language that was added to the license to address an early concert in the season. A discussion between Board members and Mr. Montgomery took place regarding the parking of limos while a concert is taking place. Chairman MacCaffrie asked the Town Manager if a police officer or firefighter is injured to the point where they can't work, is the Town going to end up paying the person. The Town Manager responded by saying that the Town has a situation like this and the individual was a reserve officer; the statute says that the Town has to compensate him to make him whole. It is no different if a person was working on a detail in the street - the liability is with the town. Chairman MacCaffrie noted on page 5, section 9c, he would like the phrase "or their designee" added after the phrase "Board of Selectmen" through their section. Chairman MacCaffrie noted that the license stipulates that the Tweeter Center provide a final report to the Board of Selectmen but that he never saw final report at the end of the season on noise complaints/decibel levels. Mr. Montgomery said that they try to provide them weekly during the season and will send them to the Selectmen's Office. Selectman Amoruso also noted that he did not see a final report. A brief discussion was held regarding the serving of liquor prior to the license agreement of 1 :OOpm on Sundays, as stated in the entertainment license. r- Motion: To approve, with changes to page 5, section 9c as stated above (Amoruso / Dolan) 4-0 Passes Spoke with Representative Poirier, who met yesterday with MassHighway Commissioner John Cogliano on the 495 southbound ramp, the left turn break in the median on Route 140 by the Golden Triangle and the left hand turn arrow at the Route 106 and Route 140. This was not the first time he has had this complaint about the left turn arrows; in fact, Commissioner Cogliano's wife has complained and the Town Manager believes it will be looked at with extra care. The southbound ramp and the left turn break on Route 140 issue has regained urgency at state level and Representative Poirier feels comfortable that the ramp will become a reality sooner rather than later. Provided memo today to the Board regarding the additional money necessary to complete the 405 ramp study has been realized - Bank of America will put up the extra money but that includes looking at northbound ramp. The Town has reiterated that the northbound ramp will not be considered as an option, but in order to get federal money, all options must be considered. Selectman Achille asked if the state could take the land even though the Town is adamantly opposed to a northbound ramp. Town Manager noted that the homeowners and the Town would be pitted legally against the state if that were to ever happen. Selectman Amoruso received a phone call from Michael Gambale, a neighbor near where a northbound ramp could go, thanking the Board for its stance in opposition to a northbound ramp r- Board of Selectmen Minutes of March 2,2005 4 r The issue of the Route140 cross at the Golden Triangle will require another meeting and is working on arranging a meeting with officials, including Congressman Barney Frank. Noted that the Town doesn't want School Street to be inundated with traffic; the Town would rather have access by Route 140. Town Manager noted that this is the Town's pursuit and believes that the Town will have a good end result. Provided a memo regarding the scope of services for the planning process of Hatheway- Patterson site, Cleveland Twist Drill and Foundry LLC for the Board's FYI. He is scheduled to go to Boston tomorrow with some of the owner's representatives and staff to deal with the request for transit-oriented development funds. He added that he has spoken with Mansfield's legislative delegation about this and has updated them on this issue. By the end of the meeting, the Town Manager hopes to have some idea of the money the Town could receive. Town Manager received information from Town Account Bea Kearney regarding salary and benefits. The Town is looking to fill jobs and Town Manager noted that he will provide the Board with what jobs can be filled, not filled and will also provide this information to the Finance Committee Town Manager is still waiting for executive session agenda from the Finance Committee before the Executive Session next Thursday. Chairman MacCaffrie noted that if the Board does not get the agenda, the executive session would be cancelled. r- Notified the Board that he is having a Coffee Hour on March 10th at 1 0:00am at the Council on Aging and invited the Board to attend. None Dan Donovan, 97 Court Street Spent the afternoon with Senator Timilty and feels that he can do the same job at Jo Ann Sprague. Commented that while the Town Manager was giving his report at last week's meeting, the Board member spoke over him and Chairman MacCaffrie said a profanity. Believes that Chairman MacCaffrie owes an apology to the Board, the Town Manager and the public. Chairman MacCaffrie apologized and noted that he doesn't remember saying it. Peter DeTrolio, 496 Elm Street Noted that in the twenty years the Tweeter Center has been in operation, the decibel levels have changed only once. Upset that the decibel levels haven't been changed in the license and noted that the Tweeter Center produces noise pollution. He noted that the does not understand why the Board won't change it - one decibel level will make a difference but believes that the Board doesn't have compassion do to it. Added that the Board should be making the citizens happy. ~ Board of Selectmen Minutes of March 2,2005 5 r r r George Dentino, 2 Gladiola Terrace Read in the newspaper that the Town Manager applied for a job and didn't get it and he believes this is a second violation to his contract and asked the Board what they are going to do it and if they know what the contract says. Read portion of contract in question. Selectman Amoruso asked Mr. Dentino ifhe knows of any contracts that preclude a person from applyingfor another job and Chairman MacCaffrie added that the Town Manager has to give due notice but he can apply for jobs. Board members told Mr. Dentino that the contract states that he needs to give the Board a certain amount of notice if he is going to take another position, but it says nothing about him applying for jobs. (fln1oruso) 4-0 Passes :M.arc/i 9. 2005 Date of Approval Board of Selectmen Minutes of March 2,2005 6