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HomeMy WebLinkAboutBOS MINUTES 7-29-1992BOARD OF SELECTMEN MINUTES OF MEETING JULY 29, 1992 ct? I.Ir 12 F 41 2: 13 I: it PRESENT: Chairman Tartufo; Selectmen Penney, Pasquale, Colel�l!$,cA0614s6-ns1 I' Town Manager 1. The meeting was called to order at 7:35 P.M. and the Flag saluted. 2. Minutes of July 15, 1992 * MOTION: To approve the Minutes of July 15, 1992. Robinson /Pasquale Selectman Colella said he wanted to be on record as opposed to Lego World. Chairman Tartufo wanted it to be noted that he is not ready to make a decision. Selectman Penney asked to have a sentence added concerning the State being willing to give the land back but wants to retain a strip of land for future extension of Rt. 140. VOTED: 5 -0 3. Warrant #5 * MOTION: To approve Warrant #5 in the amount of $780,949.48, dated July 21, 1992, broken down as follows: General Fund - $471,296.47 Special Revenue - 32,133.11 Capital Projects - 149,233.94 Sewer Expense - 23,226.95 Water Expense - 11,914.30 Electric Enterprise - 93,144.71 Robinson /Pasquale VOTED: 5 -0 * MOTION: To approve Warrant #6 in the amount of $828,905.25, dated July 28, 1992, broken down as follows: General Fund - $578,673.26 Special Revenue - 43,651.60 Capital Projects - 50,689.02 Sewer Expense - 13,266.35 Water Expense - 23,402.69 Electric Enterprise - 118,997.33 Trust Account - 225.00 Pasquale /Colella VOTED: 5 -0 4. Licenses & Permits a) Application for a Parade Permit, Mansfield High School Homecoming Com- mittee, for October 6, 1992. * MOTION: To approve the Parade Permit. Robinson /Colella VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING JULY 29, 1992 PAGE 2 b) Application for a Change of Manager and Change of d /b /a by the Sheraton Inn & Conference Center (Host Hotel). The Manager is to be Allan W. Kronberg; the d /b /a Hampshire Street Associates Limited Partnership, d /b /a Holiday Inn Mansfield. * MOTION: To approve subject to proper procedure being followed. Robinson /Pasquale VOTED: 5 -0 c) New England Telephone Petition No. 92 -06 for a pole relocation on Bird Road. * MOTION: To approve Petition No. 92 -06. Pasquale /Robinson VOTED: 4 -0 Tartufo abstained 5. Correspondence a) Copy of Memorandum to the Town Manager from Shaun Burke, Director of Planning & Development, re: Alleged property encroachments at 140 Cope- land Drive. b) Letter from INFO LINE re: North Attleboro Firefighters Kids Day Assoc. July 23 & 24. c) Copy of letter to Mass. Dept. of Environmental Protection from Ausimont USA, Inc. re: Compo Chemical Co., Inc. d) Copy of letter to Members of Cable Advisory Committee from Joseph Pasquale re: Agreement with Howard E. Horton for cable license renewal. e) Letter to the Board from Executive Secretary of Town of Bridgewater re: Request to send Get Well wishes to Craig Sherbold. f) Copy of letter to Chairman Wojtkiewicz of the ZBA from Town Counsel, Bob Mangiaratti re: Colbert vs. Mansfield ZBA. g) Notice from Mass. Dept. of Public Utilities re: Corporate Telemanage- ment Group, Inc. application to provide telephone services to residen- tial and business customers within the Commonwealth of Massachusetts. h) Letter to the Board from Chief Engineer, Michael Swanson, Mass. Dept. of Public Works, re: Speed Limits on Rt. 106, and the Town Manager's reply. i) Copy of MMA ACTION re: Governor Weld's veto of new education money and increased lottery revenues. j) Letter to the Board from Grace Lowrie, 55 Southpark Lane, re: Discus- sion on Lego World at last Selectmen meeting. Q Letter to the Board from Town Manager of Town of Southbridge re: Request to send Get Well wishes to Craig Sherbold. BOARD OF SELECTMEN MINUTES OF MEETING JULY 29, 1992 PAGE 3 1) Copy of Memorandum to the Town Manager from Shaun Burke, Director of Planning & Development, re: Environmental Assessment at 297 -301 North Main Street. m) Copy of Memorandum to the Town Manager from Bert Cook, Inspector of Buildings, re: Park Row Space Requirements. n) Copy of letter to General Manager of Great Woods Performing Arts Center from President of Norton Estates Cooperative Corp., Marie Brooks, re: Level of sound from 7/21/92 concert. - Selectman Pasquale will handle this o) Letter to Chairman of the Board from Joseph Gemellard of North Reading, re: Policy of Great Woods Performing Arts Center concerning purchase of "golden seats ". p) Copy of Memorandum from Town Manager re: Darthea Williams Estate, Hope Street, Mansfield, requesting review and comment concerning Atty. Ronald Pressman.(Memo to Town Counsel, Assessors, Planning & Town Eng.). q) Copy of Memorandum to the Town Manager from Shaun Burke, re: Darthea Williams Estate. r) Memorandum to the Town Manager and Board of Selectmen from Lorilee Fish, Director of Parks & Recreation, re: The "Duck" Race & Summer Programs. s) Letter to the Board from Executive Director of Mass. Municipal Assoc. re: Appreciation in having Mansfield working with them to present a strong, aggressive and united voice for local government. t) Letter to the Board from Town Manager, Steve Lombard, Town of Norton, re: Invitation to attend a presentation from the John Drew Co. on Thursday, August 20th, concerning the proposed Lego project. - The Clerk read the letter. Chairman Tartufo stated he did not feel Mansfield had gotten much additional information at the July 15th meeting and suggested maybe. one Selectman could attend. Selectman Colella said he will be on vacation; Selectman Pasquale has a prior commitment and suggested postponing the meeting. He said he felt it will be more a media event and sees no need for it; he does not like the form. Selectman Robinson said he could not make it that night. Selectman Penney suggested answering expressing appreciation for the invitation but Mansfield Selectmen would prefer to invite Norton to one of their workshops. He feels the general feeling for the form is wrong and asked the Town Manager to draft a letter advising that Board members cannot make it, but invite them to a Mansfield Select- man workshop with alternative dates. Selectman Penney said he does not want to go to the August 20th meeting. BOARD OF SELECTMEN MINUTES OF MEETING ( JULY 29, 1992 PAGE 4 u) Ten (10) letters concerning opposition to Lego World: Jim & Gale Habeeb, 26 Danielle Lane Maryalice & Jim Whalen, 19 Danielle Lane Carolyn Boudreaux, 13 Pleasant Street, Taunton Barbara Surna, 13 Pleasant Street, Taunton Rosemary Lapointe, 56 Wilbur Street, Fall River Denise Sheahan, 19 Benefit Street, Mansfield Deborah A. Duffy, 13 Pleasant Street, Taunton Cindy Parsons, 13 Pleasant Street, Taunton Denis Sheahan, 19 Benefit Street, Mansfield Rosemary A. Pawlih, 13 Pleasant Street, Taunton 6. Questions & Comments a) Peter DeTrolio of 496 Elm Street referred to the letter from Norton and offered his interpretation regarding different statements from the John Drew Company to Mansfield & Norton. b) Kit Levitt, of Fruit Street, claimed the Drew Company did not share information with Mansfield until they had shared it with Norton. She also said she thinks Mansfield should get together with Norton and ex- pressed concern for protection of wetlands, saying Lego will grow in order to continue to bring tourists back. c) Bill Moore, 54 Union Street, referred to the petition received concern- ing the Park Row School, asking to be included in information as he is an abutter. - Steve MacCaffrie, Chairman of the Municipal Building Committee, who was present, stated it is their policy to notify abutters when there is a go- ahead. - Chairman Tartufo advised that the Board has never received a letter turning the school over to the Board. d) A new resident, on Ian Keats Drive, advised she was very distressed to learn about the possibility of a tourist attraction in tom. e) Barbara Bayon, 428 S. Main Street, questioned two staff meetings and asked "Are there any new developments ? "; the Town Manager said "No ". She asked if maps are going to be made available, then reiterated her concern for benefits to the Town of Mansfield and residents. 7. Public Hearing / Redistricting The Town Clerk, Judy Scott, and Town Planner, Shaun Burke, were present. Judy Scott advised that the Federal Census showed total population to be 16,568 which caused the Town to revise districts; no more than 4,000 are permitted in one district, so the Town has to go from four to five pre- cincts. She had maps showing the new precincts, but advised they will not BOARD OF SELECTMEN MINUTES OF MEETING JULY 29, 1992 PAGE 5 go into effect until the legislature makes a decision, and it will probably be 1994. Shaun Burke advised a vote by the Board is needed to support the action of this redistricting. * MOTION: To accept the redistricting based upon the charts presented to- night for five districts. Pasquale /Colella VOTED: 5 -0 8. Bruce Montgomery /Great Woods Performing Arts Center Bruce Montgomery, General Manager of the Great Woods Performing Arts Center, was present with his attorney, Haskell A. Kassler, to discuss the problem at a recent concert. Selectman Pasquale, the Board's laison with Great Woods had checked into the situation Chairman Tartufo advised and said this meeting is part of the Board's discussion and deliberation only; he then turned it over to Selectman Pasquale. Selectman Pasquale referred to a report of July 22nd, which he had submitted, documenting what had happened at the Spinal Tap concert and the meeting held with Police Chief Earls, Town Manager Bill Williams, Selectman Pasquale and Bruce Montgomery. The conclusion was there was no wrong doing; it was not a planned event. Part of the Spinal Tap performance is to have audience participation. Two girls were escorted out after the number. Chief Earls stated Great Woods does not run or order the Mansfield police details. That night Lt. Figueredo was in charge. Great Woods security does not determine police details. The Town Manager stated this was an opportunity for Bruce Montgomery to come forward. Bruce reported this is their seventh year and management is grateful for the cooperation with the Board of Selectmen. He said he feels Mansfield police have been the finest force he has ever worked with and it has been a pleasure to work with them. Their primary function has been public safety, and this is the only time anything like this has happened. No one had any knowledge of the women's behavior before hand. He said a letter was sent to the management of the band. Bruce said he deeply regrets that it happened, they are embarrassed and will be more diligent in the future. He advised that after the incident he had immediately called Sel- ectman Pasquale, who was not home; he then called Selectman Robinson. Selectman Robinson asked if this group would be invited to come back to Great Woods. He was advised that the incident was the result of one member of the band's road crew, and they had not known of such behavior before. Selectman Robinson asked Bruce to have letters go out to the performing groups for the rest of this year to prevent any chance of a repeat. Bill Williams said he feels the apology is sincere and Great Woods manage- ment is superior and the facility Class A. Bruce Montgomery's judgment in handling the situation was credible and he stands behind the report of Selectman Pasquale. BOARD OF SELECTMEN MINUTES OF MEETING JULY 29, 1992 PAGE 6 Selectman Colella said he had three motions: * MOTION: To suspend the Entertainment License for one day. Colella /Penney (for discussion) Selectman Pasquale said he felt it was a foolish motion; no crime has been committed and they acted prudently. He urged the Board not to do it. Selectman Robinson said he has a problem with penal- izing them when they have shown great concern. FAILED: 3 -1 Colella in favor; Penney abstained * MOTION: To fine $1,000.00 subject to Town Counsel recommendation. Colella /Penney (for discussion) The Town Manager advised he had checked with Town Counsel and was told there is no mechanism in the license for a fine. Selectman Pasquale said he feels this is more foolish than the last one. FAILED: 3 -1 Colella in favor; Penney abstained * MOTION: That the Board, starting in the year 1993, will know in advance one week prior to approval of each concert. Colella /Penney (for discussion) Selectman Pasquale explained the present policy about notifica- tions, and said this is as foolish as the last two. Selectman Penney explained he is abstaining on the votes because he is new on the Board and knows of no other problems. He said he would like the Board to appreciate the investigation. FAILED: 3 -1 Colella in favor; Penney abstained 9. Natural Resources Trust /Lou Andrews Leonard Flynn Chairman Tartufo reviewed the work Lou Andrews and Lennie Flynn have done over the years, saying they have spent a great deal of time in acquiring conservation lands. They have met twice recently with the John Drew Com- pany, and the proposed road plan through the Great Woods, for Lego World, has been revised somewhat; it cuts the conservation area into four area segments which would hamper wildlife and recreation, Lennie said. He said they would like to see the road contained completely within the industrial areas; dialogue continues. Lou Andrews said they would prefer no road. Lou and Lennie, together with Greg Cauldwell, Chairman of the Conservation Commission, met with SRPEDD officials. SRPEDD apologized for not being more on top of the Great Woods project and MEPA study. Greg said he did ( not feel there was a balanced view of the situation among SRPEDD people. Lennie said SRPEDD was not aware of the site for Lego which they had writ- BOARD OF SELECTMEN MINUTES OF MEETING JULY 29, 1992 PAGE 7 10. ten they support port from them. He does not feel the Town will get a very objective re- Lou Andrews said he feels the John Drew Co. has a good idea for the concerns of the Town, but does not know how much they can do. Selectman Pasquale said he would like a letter to go to SRPEDD expressing concern of the Board regarding their direction on Lego, and one to go to the Executive Committee of SRPEDD regarding their support of the State'for a - road across to the Town of Mansfield for economic development. Selectman Robinson said he will carry these concerns to the September Advisory Com- mittee. Selectman Pasquale said he also wants something in writing from Town Counsel about receiving the entire 88 acres back from the State. He questioned Lennie Flynn about the quality of the Great Woods land, wetlands, industrial area and preferred route for a road. Lennie mentioned a pyramid intersection at South Main Street and Route 140 which has been proposed. MOTION: That the Town Manager send a letter withdrawing the request to SRPEDD to study the impact of Lego World. Penney /Pasquale Selectman Pasquale suggested the Town would not receive an objec- tive report from SRPEDD; however, grants come to the Town through SRPEDD. He suggested continuity of development. Lennie Flynn stated anything from SRPEDD will be biased, but it is important as a money source. MOTION: That the Town Manager send a second letter better describing what the Town would like to see done. Penney/ Chairman Tartufo mentioned effects of future expension of the area, can area zoning handle it, and to do it in conjunction with the Town of Norton. Further discussion indicated the question of whether Lego World fits into the Town's Master Plan. It was de- cided the Town Manager would write a draft letter for approval. d Business a) The Town Manager reported on Memorandums received from both Chairman of the Municipal Building Committee and the Planning Board concerning future use of the Park Row School. These two committees had held one meeting and expect to hold another in the near future. A recommendation was advanced that the Board consider an article in the next Town or Special Town Meeting for money for a feasibility study of renovations, etc. to the Park Row School; $10,000 was mentioned as sufficient. b) The Town Manager advised funding for the Williams Street bridge is on the list for 1994. Selectman Penney stated the old bridge should be re- moved, it is a safety problem. The Town Manager advised if you want funds available, you would have to obligate Town funds (borrow /over- ride). BOARD OF SELECTMEN MINUTES OF MEETING ( JULY 29, 1992 PAGE 8 c) Each Selectman had received copy of a Memorandum from DPW Director, Bob Swanson, advising that the State has agreed to override their objections and will allow the extra parking spaces on North Main Street in front of Marciano's and BayBank, so the project will begin to progress. d) Selectman Colella inquired about the property next to the fire station. Selectman Penney reported it is a hazardous waste site and the best thing to do would be for the Town to lease it. He suggested asking Town Counsel to look into leasing it. 11. New Business a) The Tom Manager mentioned an estimated fund balance with certification for free cash for 1993 of $944,000. He said the majority of surplus is attributable to limited department expenditures, and it means the good efforts of boards /committees and staff have paid off and we have a good fiscal integrity. Tosco Meeting supported Town officials; this protects next year and level services. Chairman Tartufo felt the Board agrees and he hopes the team work will continue. b) Selectman Pasquale announced the Parks & Recreation Department is running a luau August 7th at the American Legion Hall, 7:00 P.M. to Midnight, at which there will be a pig roast; cost $10.00 per person. c) Selectman Robinson stated his concern for the timing of the traffic light at Franklin Street and Rt. 106, particularly with school children having to make that crossing this school year. 12. Adjournment * MOTION: To adjourn (at 11:30 P.M.). Pasquale /Robinson VOTED: 5 -0 MINUTES APPROVED: Clerk 1 z '4V 9'7 Date signed