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HomeMy WebLinkAboutBOS MINUTES 9-29-1993BOARD OF SE ESCTM{sN September 29, 1993 . PRESENT: Acting Chairman Robinson, Clerk Ronald, Selectmen Penney and Royle, and William F. Williams, Town Manager 1. After the meeting was called to order at 7:10 P.M., the Selectmen saluted the flag. 7:12 P.M. - Discussion with Boards and Committees The Board of Selectmen met with four Boards and Committees during this portion of the meeting -- Planning Board, Conservation Commission, Zoning Board of Appeals, and Board of Health. A. Planning Board The following Planning Board members were present for this discussion: William Madan, Chairman, and Planners Michael Cadden, Doug Annino, Marydee Flynn, and John Sullivan. Members of the Board of Selectmen asked the Planning Board questions regarding the number of subdivisions approved this year, Planning Board articles on the Special Town Meeting war- rant, procedure followed when applications for subdivisions and site plans are followed, major commercial projects that have been filed, and recommendations on Eastman Street lighting. Members of the Planning Board responded that approximately three to four new subdivisions have been approved this year, they hope to submit articles for the Special Town Meeting, explained the procedure followed when new applications are submitted and commented that they have a problem with getting the Engineering Department's comments back on time, and differentiated between their role in site plan and subdivision plan review. B. Conservation Commission Members of the Conservation Commission present for this discussion were Greg Cauldwell, Chairman, and Commissioners Terry Widner, and Marilyn Oulette. Greg Cauldwell updated the Board of Selectmen on what the Conservation Commission activity stating that they will be having an informational booth at the United Way Expo at Great Woods; they are concerned about receiving timely access to Town Counsel, they would like to hold an informational seminar to educate Municipal employees of their role, and expressed concern of SRPEDD's recommendation on an access road through a portion of the Great Woods without input from the Town. Members of the Board of Selectmen commented on and asked questions regarding the proce- dure used when contacting Town Counsel, suggested that a "Request for Legal Services" form be used or maybe look into retaining services of a Special Town Counsel, maybe Richard Lewis, Conservation Agent, could conduct the informational seminar during the day, the Selectmen have invited a SRPEDD representative to be present at the October 13, 1993 Selectmen's meeting to discuss their recommendation regarding the access road, and questioned acquisition of Conservation land, and commented on the Mill Pond Dam "park theme ". C Zoning Board of Appeals The following members of the Zoning Board of Appeals were present during this discussion: 1 Karl Clemmey, Leonard Flynn, and Peter Detrolio. Leonard Flynn began the discussion by stating that the Zoning Board of Appeals has been fairly busy with applications for mainly residential and dimensional variances. Under a new zoning by -law adopted at the last Annual Town Meeting, applicants may apply for finding in some cases rather than a variance which is must less restrictive than variances. Karl Clemmey addressed the Board of Selectman stating that the Board of Appeals consists of seven members, two of which are alternates. Mr. Clem- mey also stated twenty -three variances were granted last year and six were turned down. Members of the Board of Selectmen asked questions concerning whether or not the alternates vote and sign by -law variances. Selectman Royle stepped down from the Board during the next discussion D. Board of Health Mike Van Splinter, Chairman of the Board of Health, began the discussion with the Board of Selectmen stating that the Board of Health is busy as usual; the smoking issue has been resolved but the Board is still concerned about lawn chemicals, and solid and hazardous waste disposal. Members of the Board of Selectman asked Mr. Van Splinter questions regarding the number of hazardous waste collections each year, "Right to Know" participation (Selectman Penney requester) that the Town Manager check to see that Mansfield is up to standard with this program), if the Board of Health was involved with the Zone 1I study at all, and the safeness of lawn chemicals. 3. Hercules Dump Site Discussion with Robert Swanson, Town Engineer Mr. Swanson stated that he is in receipt of a letter from EPA requesting permission to gain ac- cess to the Stearns Avenue land fill (Hercules dump site). Discussion followed regarding whether or not there are any erosion problems on the site, if a letter should be sent to EPA as- king them why they would like to enter upon the site, if the Town could request that someone from Bob Swanson's office accompany EPA representatives on the site, and the manner in which the dump site effects other lots in the Stearns Avenue area. Mr. Swanson noted that he inspected the property. He noticed no errosion problem but noted an open face from the former landfill and the same gray leadate that had been previously determined to be inert by the Board of Health. 4, Plymouth Street Discussion Dan Clifford, DPW Director; Lorilee Fish, Recreation Director, and the following members of the Plymouth Street Recreation Committee, Ed Tartufo, Andy Gazola, Lou Amorouso, Ray Martin, and Ken Parson, were present for this discussion. Ed Tartufo began the discussion by giving a brief history of Mansfield's needs for recreational facilities vs. the number of facilities available and by stating what the initial steps of the project were. Following the brief history of Mansfield's recreational facility needs. Mr. Tartufo commended all of the Town Staff and developers who have helped with the project thus far. Next, Mr. Tartufo, presented plans of the field as it currently exists, plans of what the second and third phases will entail, and a model of building elevations on the site. Mr. William Williams, Town Manager, thanked the Committee and Department Heads for doing a great job on the project and introduced Dan Clifford as the new DPW Director. Members of the Board of Selectmen thanked those who have worked on the Plymouth Street project and followed witha discussion of how the project would be funded, what the time frame for completion will be, and if any type of irrigation system is proposed. Edward Tar - tufo responded that the time frame for completion depends upon funding (contributions) for the project, and Mr. Clifford responded that the proposed irrigation system is in the design stage at present. 5. Questions and Comments Brendan and Susan Fay, of 148 Jewell Street, expressed concern that when Mrs. Fay stopped in the Paine School to use the restroom she was questioned by Mrs. Royle, Health Department Secretary, and was told that the restrooms are not public in front of several male employees of the building. Mr. Fay questioned if it is ethical that Mrs. Royle is overseen by Mr. Williams during work hours, but Mrs. Royle oversees Mr. Williams in her position as a Selectman. Mrs. Fay also requested a public apology from Mrs. Royle. Mr. Williams responded that he would have preferred to have had the opportunity to receive the complaint privately to perform the appropriate investigation and explained that he isn't by Charter the Supervisor of the Health Department but the Board of Health is; however, he would like to look into the policy on public restrooms and would refer the other matter to Mr. Leite, Health Agent. Mr. Fay responded that they brought this concern to a public forum because the point was made to them in a public forum. Mrs. Royle apologized to Mrs. Fay if she had offended her and stated that she was taken by surprise when she rapidly entered and exited the building and people usually ask when they would like to use the restrooms. Acting Chairman Robinson personally apologized for what happened to Mrs. Fay. 6. Vote on Minutes Minutes of September 8, 1993 MOTION: To approve the minutes with an amendment to Page 8 stating that Mrs. Royle stated that the homes on Eddy Street are under the authority of MHA. Royle- Penney) All in favor. PASSES. Minutes of September 22, 1993 MOTION: To approve the minutes of September 22, 1993 with an amendment to Page 4 No. 12 by deleting "on a permit ". (Penney - Royle) All in favor. PASSES. Executive Session Minutes MOTION: To approve the executive session minutes. ( Royle- Robinson - Acting Chairman Robinson Passed the Gavel to Selectman Penney.) No vote was taken on the minutes. Selectman Penney stated that he realizes that there was a trend to make the ex- ecutive session minutes more brief but he thinks that it is going too far. Selectman Penney stated that he feels some very important discussions were left out. Selectman Royle stated that she prefers the executive session minutes to be brief and to only contain the subject of discussion and any motions made. Emergency Minutes of Jame 21, 1993. MOTION: To approve the minutes of June 21, 1993. ( Royle- Penney) All in favor. PASSES. Warrant No. 14 MOTION: To approve Warrant No. 14 in the amount of $6,088,124.95. (Penney - Royle) All in favor. PASSES. Selectman Royle abstained from all Health Department related warrant items. 3 CORRESPONDENCE: Letter from Janet E. Carey to the Board of Selectmen requesting restitution for a new tire and wheel alignment she had to get because she drove too close to a new curb in front of Jimmy's restaurant This letter will be sent to the Engineering Department. Letter from Dianne J. Buckley of 15 Fulton Street and Lauren Bougas of 17 Fulton Street requesting a sign be posted or the street immediately in front of her driveway be painted to say "No Parking" or "Do Not Block the Driveway" because Sweet & Crafty Parlor patrons have been blocking her driveway This letter will be sent to (lie Police Department for recommenda- tions then will be brought back to the Board of Selectmen for a vote. Letter to Mr. Penney, Board of Selectmen, from Stephen G. Benda, Mansfield Resident, regarding a discussion at a Selectmen's meeting concerning ethics and how this questions may apply to a member on the Board of Assessors Selectmen Penney read this letter aloud. Letter from Kevin Byrne, President, Tri -Town Chamber of Commerce, to Joseph Pasquale, Chairman, Board of Selectmen, stating that they have voted unanimously to oppose the build- ing of a sports stadium in Boston Letter from Karl Clemmey to Gil Alegi, Construction Engineer, Mass Highway Department, regarding construction/ widening of Route 140 in Mansfield in relation to his property Notice from the Bristol County Clerk stating that the Town of Mansfield is ordered to assess and raise the sum of $196,813.00 and are further ordered to require the city or town treasurer to pay half the amount to the County Treasurer by the first clay of November and half on or before the first day of November 1994 Memorandum from the Commonwealth of Massachusetts Community Antenna Television Com- mission to the Board of Selectmen regarding requests for Commission Rate Regulation Memorandum from the Department of Education to the Board of Selectmen regarding Educa- tion Reform Act Fiscal Informational Meetings 9. Old Business a.) Town Manager William Williams, Town Manager, stated that Representative Barbara Hyland will not be able to attend the Education Reform meeting with the Selectmen, School Committee, and Finance Committee on October 6, 1993 and asked if the Board would like to reschedule that discussion. A consensus of the Board was in favor of rescheduling the discussion. b.) Selectmen Selectman Royle responded to a letter to Selectman Penney from Stephen Benda which was read during correspondence this evening which stated that Mr. Folkman will be meeting with the Board of Selectman in an executive session. The executive session will allow him the op- portunity to speak to the Board. 10. Old Business a.) Town Manager 1. Bird Road Agreement William Williams, Town Manager, requested the Board of Selectmen review and make any comments on an amended Bird Road Agreement and give them to him no later than Monday af- ternoon. 0 Discussion followed regarding the cost to install a binder course, amount of the Town's con- tribution to install the binder course, and the fee charged for water main extension. Selectman Ronald suggested that water main extension fees be reviewed for possible revision. Lastly, Selectman Penney questioned the signature page of the agreement which requires the signature of Zola Realty Trust because portions of the agreement refers to the Folkman Company not Zola Realty Trust. 2. Maple Street William F. Williams, Town Manager, stated that he has spoken to Mrs. Benda, a resident of Maple Street, and to the Police Department regarding the rate of speed on Maple Street. The Police Department will be conducting further studies on Maple Street during and after the Maple Street project. Mr. Williams also stated that if a roadway is not designated as a "No Thru Trucking" by the State, signs put up on the street stating that would not be enforceable. Selectman Robinson suggested that trees along Maple Street be trimmed back. 3. No. Main Street Parking William F. Williams referenced a memorandum from Traffic Safety Officer Lance Lawson in which Mr. Lawson recommends that the "No Parking" signs remain on a portion of No. Main Street. Board members discussed the issues stating pros and cons of leaving the "No Parking Signs" on No. Main Street, such as there isn't enough downtown parking already and it may be best to keep the area no parking for safety reasons and may be best to keep no parking. This will be discussed further at the Selectmen's meeting of October 6, 1993. b. Selectmen Selectman Ronald stated that the Board of Selectmen voted to sign the Town Manager's con- tract last week by a unanimous vote. Selectman Royle stated that charter revision petitions are being circulated throughout the Town and that she hopes people will sign it. Selectman Royle also asked Acting Chairman Robinson if he wrote a letter to the County Commissioners regarding a complaint the Town received regarding Alladen kennels. The letter has not been sent yet because Mr. Robinson is waiting for a complete opinion package from Town Counsel. Selectman Penney requested that the drain layers licensing program Town Engineer Robert Swanson is working on be ready for implementation by the first of the year. Selectman Penney also stated that many people have stated that their recycling bins are not being picked up. It was suggested that perhaps homeowners should make sure their recycling bin is in a distinctly different location than their trash so as not to be mistaken for trash. Selectman Ronald also stated that the trucks should not be out any earlier than 7:00 A.M. Acting Chairman Robinson stated that he would like William Williams, Town Manager, to meet with John Larch, Electric Department Manager, to discuss Eastman Street lighting. 11. New Business Selectman Royle suggested that Chapter 90 funds be looked into to start systematic sidewalk repair for next spring and to also look at the possible roads for resurfacing. Selectman Royle also stated that she thinks that the Library parking lot looks great. Lastly, Selectman Royle asked if the Town could look into gaining permission, if the Town Manager thinks it is feasible, to mow the grass on the vacant lot next to the fire station. Town Manager William Williams stated that the Chamber of Commerce did it two years ago and that he will look into it. Acting Chairman Robinson requested the Town Manager speak to Shaun Burke, Director of Planning and Development, and William Madan, Planning Board Chairman, about a long standing problem the residents of 24 Goward Drive have had. 5 12. Special Town Meeting Articles MOTION: To close the warrant and reserve spaces for six Planning Board warrant article to be received by the end of this day. (Penney- Ronald) All in favor. PASSES. 13. Adjournment - 10:35 P.M. 1 /W L�_V 16911-1,A Clerk' Signature Date of Approval 11