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HomeMy WebLinkAboutBOS MINUTES 1-12-1994BOARD OF SELECTMEN'S MINUTES JANUARY 12, 1994 ../, 9�FC�5' f!t,�Q f�, fjfi gyp, i!. SS I,t�t ,,C PRESENT: Chairman Pasquale, Clerk Ronald, Selectmen Penney*, Robihj�''gR� %and Ttoyle, William F. Williams, Town Manager C %TS 1. The meeting was called to order at 7:30 P.M. followed by the pledge of allegiance. 2. 7:30 PM Warrants /Minutes /Licenses and Permits Warrant No. 27 MOTION: To approve Warrant No. 27 in the amount of $1,516,522.31. ( Royle- Ronald) Selectman Royle abstained from all Board of Health issues. PASSES. Warrant No. 28 MOTION: To approve Warrant No. 28 in the amount of $450,938.96. ( Royle- Ronald) Selectman Royle abstained from all Board of Health issues. PASSES. and Warrant No. 29 MOTION: To approve Warrant No. 29 in the amount of $2,463,538.29. ( Royle- Ronald) Selectman Royle abstained from all Board of Health issues. PASSES. Minutes of December 15, 1993 MOTION: To approve the minutes of December 15, 1993 with an amendment to the Capi- tal Improvements discussion that Selectman Penney stated that he would be on the Committee again not Selectman Ronald. ( Royle- Ronald) All in favor. PASSES. Selectman Penney Entered the Meeting. Minutes of December 22, 1993 MOTION: To approve the license with an amendment to reflect the location of the premises is a P.O. Box. ( Royle- Ronald) All in favor. PASSES. Auctioneer Permit - Benson Associates for 1/6/94, 2/3/94, 3/3/94, 4/2/94, 5/7194, 6/4/94, 7/2/94,8/4/94, 911/94, 1016/94, 11/3/94, and 12/1/94 MOTION: To allow a yearly auctioneer permit in Town for a fee of $100.00 for a period beginning January 1 and expiring December 31 and maintain a daily permit fee of $15.00. (Ronald - Royle) All in favor. PASSES. MOTION: To approve the license application. ( Royle- Ronald) All in favor. PASSES. Class II - Reliable Auto Sales MOTION: To approve the license. ( Royle- Penney) All in favor. PASSES. Hackney License a. Foxfield Taxi - New License - Vehicle No. 17 MOTION: To approve. ( Royle- Penney) All in favor. PASSES. b. Foxfield Taxi - License Transfer MOTION: To approve. ( Royle- Penney) All in favor. PASSES. C. Mansfield Town Taxi - Transfer - Vehicle No. 6 MOTION: To approve. ( Royle- Penney) All in favor. PASSES. d. Mansfield Town Taxi - Transfer - Vehicle No. 25 MOTION: To approve. (Ronald - Penney) All in favor. PASSES. Class II a. Times Past Automobiles Renewal MOTION: To approve the license with a note that there is a limit of eight vehicles for sale allowed on site. ( Royle - Ronald) b. Anagnos Enterprises Inc. MOTION: To approve Anagnos Enterprises Inc. at 46 Chauncy Street for a Class II License. ( Royle- Penney) All in favor. PASSES. Common Victualler a. Dunkin Donuts MOTION: To approve the license. ( Royle- Ronald) All in favor. PASSES. b. The Bagel Train MOTION: To approve the license. (Penney- Ronald) (3 -0 -1) Selectman Royle Abstained. PASSES. Alcoholic License Change of Manager to Ti "Sonny" Tang MOTION: To approve. ( Royle- Penney) All in favor. PASSES. 3. Telephone Pole Relocations Public Hearing - 5:00 PM A representative of New England Telephone explained that the purpose of the public hearing is to request permitssion to relocate Pole No. 13 on Branch Street because it is in the middle of the Baybrook Farm subdivision right -of -way. Members of the Board of Selectmen commented on and asked questions regarding whether or not the land the pole will be located on is town -owned and if the land will be returned to its present condition after all work has been completed. MOTION: To approve the application. (Penney - Royle) All in favor. PASSES. 2 4. Constable Interview D. Marie Smith stated the reason why she would like to be a constable. Members of the Board of Selectmen asked Mrs. Smith questions concerning her experience as a constable and her availability for constable service. MOTION: To appoint Ms. Smith a Constable. (Penney - Royle) All in favor. PASSES. 5. Discussion with Dave Scarchelli, Robyn McDonald, and Ed Hurley of the YMCA The representatives of the YMCA stated that the reason for their being at the meeting is that they would like to request the Board of Selectmen reconsider their initial offer to the YMCA for a one year lease for the John Berry School and increase the offer to a five year lease. Members of the Board of Selectmen commented on and asked questions regarding holding a neighborhood meeting to let the neighbors know the status of the YMCA moving into the John Berry School, televising a presentation at the Selectmen's meeting on the status of the YMCA, programs which may be offered by the YMCA, cost of renovations, possibility of selling the John Berry School in less than five years, ( *Selectman Robinson Entered the Meeting.), and the possibility of the YMCA purchasing the building. MOTION: To offer the YMCA a three year lease with the option to renew for two addi- tional years, at one ($1.00) dollar a year, to be negotiated by Legal Counsel. ( Royle- Robinson) All in favor. PASSES. 6. Department of Public Works Report Given by DPW Director Dan Clifford Dan Clifford, Director of Department of Public Works, stated that up until thirty days ago the newspaper recycling containers were being brought to the Parente Farm, and the Town was paying $2,500 a month to have the newspaper composted and removed from the farm; however, the newspaper has not been removed from the farm for a year. Next, Mr. Clifford suggested that the newspaper container located at the Highway Garage be relocated to Mansfield Green were it could be monitored, which would eliminate non - residents from using the bin and eliminates magazines and cardboard from being dumped in the bin, which contaminate the entire bin. Relocating the bin would cut down the number of loads of newspapers dropped off each week from three loads to one load, which would save the Town approximately, $36,000 to $40,000 a year. Members of the Board of Selectmen asked if savings from relocating the bin could be used to open the recycling park an extra day and also requested Town Counsel look into what has oc- curred between Parente Farm and the Town of Mansfield and report back at next week's meet- ing. Dan Clifford, DPW Director, stated that there is no written agreement that states that Parente Farm was supposed to compost the newspaper and transport it to a farm in Rehoboth. Lastly, members of the Board of Selectmen asked Mr. Clifford why the cardboard cannot be recycled and requested that lie look into waste oil collection. MOTION: To move the recycling bin from the Highway Garage to Mansfield Green. ( Royle- Robinson) All in favor. PASSES. At this time it was noted that resident stickers will be required at Mansfield Green beginning March 1, 1994. Lastly, Mr. Clifford gave a brief report on the Department of Public Works snow operations Questions and Comments Gene Boyle, Irwin Kamen of South Main Street Shell's attorney, informed the Selectman that he has spoken with Acting Chief O'Neill concerning the South Main Street Shell gas station and he stated that lie has no record of complaints. Attorney Boyle also slated that he contacted Officer Haskill in Foxboro who stated that to the best of his recollection there were a couple of tools and a tool box in the trunk of Ken Kilburn's son's car after he was in the accident. At- torney Boyle also stated that he would like a retraction of statements made at the Selectmen's meeting of December 22, 1993 and an apology. Chairman Pasquale react a statement in which he mentioned that "...The comments of an in- dividual member do not necessarily reflect the opinion of the other Board members. Only ac- tions voted by the majority of members represent the position of the Board of Selectmen. The comments made by Selectman Penney were made as an individual member of the Board. The consensus of the board regarding Mr. Kamen's license renewal was indicated by the vote of the Board 4 in favor, 1 opposed. Karl Clemmey of 750 South Main Street requested a breakdown of all contractors the Town used for snow plowing services in the last storm. Mr. Clemmey stated he has read the E.I.S and the entertainment license regulations for the Great Woods Center for the Performing Arts and it states that a road on site must be completed prior to their license being renewed. Mr. Clemmey also stated that the Town does not ask for a sales tax from Great Woods and it should be reviewed. Lastly, Mr. Clemmey stated that he would like an opinion on conflict of interest in the capacity that Selectman Royle is also a secretary for the Board of Health. Selectman Royle responded that a letter from the State Ethics Commission dated July 1993 is on file with the Town Clerk and read the letter aloud. Ken Kilburn of Maple Street stated that he did not get his son's belongings back from South Main Street Shell after his accident. Vote on Special Town Meeting Articles Chairman Pasquale stated that at a recent workshop the Selectmen discussed whether or not it would be in the Town's best interest to hold a Special Town Meeting since several articles have been withdrawn. Jeff Sienna, Airport Commission, stated that although there is an article to abandon Airport Road on the Special Town Meeting warrant, Airport Road can only be used by the Airport for public good and is owned by the Airport. MOTION: To cancel the Special Town Meeting and given the proper notification. (Penney- Robinson) All in favor. PASSES. 9. Correspondence ACTION CORRESPONDENCE: A. Resident Correspondence Letter from Andres E. Gazzolo withdrawing two articles he submitted to be included on the Special Town Meeting warrant regarding a site located on Old Elm Street Letter from Janet Vigor of Mansfield True Value Hardware Store to the Mansfield Board of Selectmen requesting that public parking in the Old Railroad Right -of -Way be posted as two hoar parking daring normal daytime business hours Ms. Vigor was present at the meeting to request the Selectman institute a tenant /employee sticker program for downtown parking and a two hour parking restriction in the area of Jimmy's Pub, Mansfield True Value, and O'Malley's Real- estate, to deter commuters from parking in the area and taking up customer parking areas. Members of the Selectmen asked Ms. Vigor questions regarding the number of parking spaces she was referring to and the num- ber of private spaces she owns. William F. Williams, Town Manager, suggested that areas could be designated as no parking between the hours of 6 and 8AM. A discussion on downtown parking will be held on January 26, 1994 and should be advertised on cable. B. Correspondence from Town Manager, Staff, Mansfield Schools Letter from Donald J. Nicoletti, Superintendent, stating that the School Committee voted to select Emil Giordano, Natalie Ruppert, and Donald Nicoletti, to serve as their representatives on the Municipal Building Committee MOTION: To appoint Emil Giordano, Natalie Ruppert, and Donald Nicoletti, to serve as School Committee representatives on the Municipal Building Committee (Royle- Penney) All in favor. PASSES C. State and Local Government Correspondence Invitation from Project Bread and the Massachusetts Department of Education to an event at the Sturbridge Host Hotel and Conference Center to learn how to feed hungry kids in your community this summer and receive funding, provide jobs, and meet community needs - Dead- line for registration is February 1, 1994 Chairman Pasquale requested this invitation be passed on to Gail Farrugia, Council on Aging Director, and Carol Lucas. Invitation from Mary Greendale, Administrator Division of Community Services, to Local Of- ficials to participate in a discussion on EOCD's Community Action Statement. Only one Municipal representative of Mansfield may attend the focus discussion. Chairman Pasquale requested this invitation be given to Shaun Burke, Director of Planning and Develop- ment. Letter to the Board of Selectmen from Mass Highway requesting additional information on Mansfield's request for stop signs. This letter has been forwarded to Bob Swanson, Town En- gineer. Letter to the Board of Selectmen from Mass Highway regarding inquiries received from Robert Swanson, Town Engineer, concerning signing and routing of vehicles in Mansfield and refer- ring the Route 140 sign legend modification request back to the Town for comment. This let- ter has been forwarded to Robert Swanson, Town Engineer. Letter to the Board of Selectmen from the Commonwealth of Massachusetts Department of Revenue regarding refunds on special fuel taxes. This letter has been forwarded to the En- gineering Department and Joan Cutillo, Town Treasurer. Letter to the Selectmen from David Scarchelli requesting the Board of Selectmen discuss and approve their proposed terms of the lease for the John Berry School. Mr. Scarchelli will be in for discussion this evening at 8:30 P.M. Memorandum from Frank W. Foss to the Board of Selectmen stating the time limits to file a Statement of Clarification for the FCC Form #393 with the Cable Commission and attaching a sample Statement of Clarification OTHER CORRESPONDENCE: A. Resident Correspondence Letter to the State Ethics Commission from Steven W. Mac Caffrie, Mansfield Resident, requesting the Ethics Commission review a possible conflict of interest concerning Mrs. Royle's ability to vote with respect to Municipal Building relocation, reuse building assign - ments, and space functions Selectman Royle stated that she wrote to and received a response from the State Ethics Commission and that she has and will continue to abide by the Ethics Commission. Letter to the Selectmen from the Association of Neighborhood Preservation, residents of Wal- nut Street, So. Walnut Street, Casa Drive and West Street, introducing themselves and stating their purpose Letter from the Association for Neighborhood Preservation requesting that newly proposed zoning articles regarding "one lot, one use" be kept on the Special Town Meeting warrant Copy of letter from James Bilodeau to Attorney Thomas Grassia regarding Alladen Kennels Letter from Thomas C. Grassia, Alladen Kennels attorney, with attached copies of letters which he sent to Mr. James Bilodeau, Jr. B. Correspondence from Town Manager and Staff Building Department Permits Report for December 1993 C. State and Local Government Correspondence Letter to the Board of Selectmen from Bernard E. McCourt, District Highway Director, stating that the Williams Street Bridge Project has been approve for Federal Aid Bridge Funding by the Project Review Committee A copy of this letter has been forwarded to the Engineering Department. Letter from Massport, Stephen P. Tocco, Executive Director, to the Board of Selectmen in response to the Selectmen's letter regarding the proposed convention and assembly complex project Letter from the Massachusetts Municipal Association to the Board of Selectmen with attached results of the 1992 Annual Report Contest Memorandum from the Commonwealth of Massachusetts Department of Education to Chief Municipal Officers regarding FY94 Net School Spending Under Educational Reform Letter to Kate Viens, Mansfield Historical Society, from the Massachusetts Historical Com- mission regarding consideration of the Fisher - Richardson House nomination to the National Register Commonwealth of Massachusetts Community Antenna Television Commission Second Report and Order regarding Cable Television Revision of Rate Setting Regulations Department of Environmental Protection Circuit Rider Southeast Wellhead Protection Report Division of Water Supply December 20, 1993 Department of Environmental Protection circuit rider Southeast Executive Summary Application of Equal Net Communications to the Department of Public Utilities for authority to provide resold telecommunications services within the Commonwealth of Massachusetts ( Notice of the Department of Public Utilities of their proposal to amend its rule 220 C.M.R. Section 26.00 et. sea. G Copy of a letter from the Norton Board of Selectmen to Senator Keating in opposition to the Massachusetts Municipal Association's legislative proposal to replace the 2.5% property tax levy limit growth factor with an annual cost index factor. Copy of a letter from the Norton Board of Selectmen to Representative Travis in opposition to the Massachusetts Municipal Association's legislative proposal to replace the 2.590 property tax levy limit growth factor with an annual cost index factor. Copy of a letter to Governor Weld from the Norton Board of Selectmen expressing support of private development of the Foxborough Stadium area and opposition to the use of public funds of any type to develop a megaplex to relocate the New England Patriots Copy of a letter to Senator Keating from the Norton Board of Selectmen in support of the Mas- sachusetts Municipal Association's legislative proposal to involve the local legislative bond in the approval of school labor contracts. Copy of a letter to Representative Travis from the Norton Board of Selectmen in support of the Massachusetts Municipal Association's legislative proposal to involve the local legislative bond in the approval of school labor contracts. Commonwealth of Massachusetts Community Antenna Television Commission Order Granting Extension of Time for Rate Determinations Not Involving Cost -of- Service Showings Copy of a letter from the Commonwealth of Massachusetts Bristol County Retirement System to David Titus stating his hearing date and time on his application for disability retirement Copy of a letter from the Commonwealth of Massachusetts Bristol County Retirement System to Angela M. Brown stating his hearing date and time on his application for disability retire- ment D. Miscellaneous Correspondence Copy of a letter to William Williams, Town Manager, from the Preservation Partnership regarding the Textron Site Status update on Compo Chemical from GEI Consultants It was suggested that the date and time of the discussion with GEI consultants be advertised on Cable. Letter from Cable Vision Industries to William Williams, Town Manager, with enclosed com- pleted FCC Form 393 Old Business Town Manager William Williams, Town Manager, stated that he met with Barney Frank this date and in- formed the Selectmen of several issues which they discussed. Mr. Williams, Town Manager, also read a letter from him which was served upon Jesse Earls, stating that he has been terminated from his position as Police Chief for the Town of Mansfield. Selectmen Selectman Penney stated that the Recycling Center needs a Stormwater MPDES Permit. Town Engineer, Robert Swanson, is working of this. Selectman Penney also referenced a memorandum from Shaun Burke, Director of Planning and Development, which states Mr. Burke will not be filing a Small Cities Grant application this year and that he agrees with Mr. Burke's decision. Lastly, Selectman Penney stated that he was sorry about the whole thing with South Main Street Shell and the Kilburns but that he was going to stand by his word and that it was brought to the Selectmen's attention but nothing was concluded. Chairman Pasquale stated that reports on hearings held with Jesse Earls are open to the public. Chairman Pasquale also stated that he would like to ask for a vote on the Selectmen's Operat- ing Procedures manual. MOTION: To approve the Operating Procedures as stated. (Royle- Ronald) All in favor PASSES. Chairman Pasquale suggested that copies of the Selectmen's mission statement and Operating Procedures be distributed to each Board and Committee with a cover letter stating the proce- dure could be used as a guideline for their board or committee. 10: New Business Town Manager William Williams, Town Manager, stated that he has received a request from David Martin for a local housing partnership proposal and asked what manner the Selectmen would like to proceed with the request. A consensus of the Selectmen was to ask Mr. Martin to indicate in detail in writing what changes he has made to the project since his last proposal. Selectmen Selectman Penney asked if the Town could discuss hiring retired senior citizens during contract negotiations with the union. Selectman Royle asked if the Selectman would be interested in compiling a fact sheet of benefits and services offered to veterans and senior citizens. Selectman Robinson reflected back on the days when Mansfield residents would all go out and dig out fire hydrants from the snow. Chairman Pasquale referenced a letter from the Rotary Club stating that there will be a Las Vegas Night at the Holiday Inn on January 21, 1994, all profits from which will go to the Plymouth Street Recreational Project. Chairman Pasquale also referenced a letter to Governor Weld in support of Increasing State Aid and requested copies of the letter be sent to all those persons copied on a letter from Dr. Nicoletti to Governor Weld. 11. 11:00 P.M. - Date of Approval F