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HomeMy WebLinkAboutBOS MINUTES 2-2-1994BOARD OF SELECTMEN MINUTES 4��� February 2, 1994 PRESENT: Acting Chairman Robinson, Clerk Ronald, Selkpintef }i;P A ey a4 /oylc and Town Manager William Williams 4, It, SfiTTS 1. 7:00 P.M. Executive Session MOTION: To go into executive session to discuss a personnel matter. (Royle-Ronald) Royle - Aye. Penney - Aye. Ronald - Aye. Robinson - Aye. 2. 7:30 P.M. Following the pledge of allegiance, the Board of Selectmen had a moment of silence for the former Paxton Police Chief Martel. 3. Warrant No. 32 MOTION: To approve Warrant No. 32 in the amount of $964,829.14. ( Royle- Penney) Selectman Royle abstained for all Health Department related issues. PASSES. 4. January 12 and 19, 1994 Minutes MOTION: To approve the minutes of January 12, 1994 with the following amendments: ( Royle- Penney) All in favor. PASSES. MOTION: To approve the minutes of January 19, 1994. ( Royle- Ronald) (3 -0 -1) Selectman Robinson Abstains. PASSES. 5. Licenses and Permits A. Reserve Fund Transfer The Mansfield Treasurer's Office requested Five thousand ($5,000) dollars for bank fees in the Reserve Fund Transfer. After discussion of the reserve fund transfer request, the following motion was made: MOTION: To approve the transfer. ( Royle- Penney) All in favor. PASSES. B. Local Official Bond for the Mansfield Town Treasurer MOTION: To set the bond at $200,000 and sign the docu- ments. (Penney - Royle) All in favor. PASSES. 6. Correspondence Resident Correspondence: Letter from Douglas Annino, Mansfield resident, to Joseph Pasquale, Chairman, Board of iSelectmen, regarding Town Hall relocation Letter from Douglas Annino, Mansfield resident, to Joseph Pasquale, Chairman, Board of Selectmen, regarding the John Berry School Copy of a letter from Stephen Perry, commuter, to the Parking Clerk in dispute of a parking ticket he received ( Copy of a letter from James Bilodeau, Jr., 15 Lancashire Drive, to Bristol County Commis- sioners regarding Alladen Kennels Board and Committee Correspondence: Memorandum from SRPEDD to the Board of Selectmen stating that they have recently released the latest edition of the Southeastern Massachusetts Fact Book Selectmen Penney and Royle requested that a copy for the Town offices and a copy for the Library be ordered. JTPG Meeting Notice Staff Correspondence: Copy of a letter from Robert Mangiaratti, Town Counsel, to Keith Miller, Esq. and Michael S. Levitz, Esq., regarding Pro -Tech Coatings Inc. vs. R.W. Granger & Sons, Inc. vs. Town of Mansfield State and Local Government Correspondence: Minutes of the January 18, 1994 Regionalization Committee Meeting from the Town of Easton Department of Public Works Town of Easton Department of Public Works Regionalization Meeting of February 15 agenda Notice of MWWA Training Seminar Letter from the Commonwealth of Massachusetts Community Antenna Television Commission to Cablevision Industries and Cablevision of Fairhaven and Acushnet regarding Pre - Hearing Conference and Public Hearing Dates and times Selectman Ronald will try to attend this hear- ing. Letter from Senator Keating to Joseph Pasquale, Chairman, Board of Selectmen, in response to a copy of his letter to Governor Weld dated January 2, 1994 Letter from Representative Hyland to Dr. Nicoletti, confirming their meeting on Monday, February 14, 1994, at 10:00 A.M. to discuss foundation budget and the student growth problem in Mansfield Bristol County Mosquito Control Project Annual Report MASS ReLeaf Grant Program This has been forwarded to Richard Lewis, Shaun Burke, and Dart Clifford. Letter from the Commonwealth of Massachusetts Governor's Highway Safety Bureau to the Board of Selectmen stating that the Safety Belt Law will go into effect February 1, 1994 in Massachusetts Commonwealth of Massachusetts Low -Level Radioactive Waste Management Board's recently published 1992 Massachusetts Low -Level Radioactive Waste Survey Report Copy of a letter from GEI Consultants to William F. Williams, Town Manager, confirming their presentation to the Board of Selectmen 7. 7:50 P.M. - Audit Report Given by Lon Compton Lon Compton gave a summary of his findings and recommendation from an audit he conducted of the Town's finances, referenced in an outline dated February 2, 1994. Members of the Board of Selectmen asked Mr. Compton questions concerning his findings. 8. Old Business Town Manager William Williams, Town Manager, stated that he asked Bob Mangiaratti, Town Counsel, to review a Class Il license (PATNA) that he believes does not have a place of business in Mansfield but does business out of a post office box. William Williams also stated that the Board of Selectmen have the authority to hold a public hearing to consider revocation of the license because of non - compliance, in that he does not have an actual "place" of business. Selectman Ronald suggested that the Board communicate with the owner of the business, Har- vey Gack, before holding a public hearing on the issues. Robert Mangiaratti, Town Counsel, referenced the requirement in the Mass General Laws and the Registry of Motor Vehicles regulations for a Class 11 license and stated that maybe if it is demonstrated that PATNA has access to a repair facility, he would comply with the regula- tions. At the end of the discussion, Acting Chairman Robinson requested a letter be sent to PATNA informing him of the issues raised at the meeting and asking him to respond as to how he can comply with the regulations. 9. 8:30 P.M. - Ware Street Sidewalks Public Hearing Robert Swanson, Town Engineer, David Archard, Assistant Town Engineer, Robert Man- giaratti, Town Counsel, and Mike McNally and Gil Ginesse of Beta Engineering were present for this public hearing. Clerk Ronald read the public hearing notice. Robert Swanson, Town Engineer, stated that the Town is proposing to install sidewalks on the west side of Ware Street from East Street to Tracy Circle and that this public hearing is being held to solicit the Ware Street residents' in- put. Mike McNally of Beta Engineering presented plans for installation of the sidewalks and also stated that the Branch Street intersection will be straightened out and some drainage improve- ments are being proposed during this project. Robert Mangiaratti, Town Counsel, explained the three step process that must be followed by the Town for installation of the sidewalks: Ware Street must be laid out and accepted as a public way at Town Meeting; provision must be made in the Zoning By -Law to grandfather lots that, by widening of the roadway or adding a sidewalk become non - conforming, through a Town Meeting vote, and lastly accept the sidewalk as a public sidewalk and authorize the Board of Selectmen to acquire a fee simple interest in it. Public Comment: Jack Folan, 295 Ware Street, asked questions regarding a temporary reconstruction easement which may be sought by the Town while installing the sidewalk. Al Colminero, 569 Ware Street, questioned the difference between Ware Street residents giving an easement vs. giving a portion of their land as a gift to allow installation of the sidewalks, such as homeowner liability with granting an easement for the sidewalk. Robert , Mangiaratti stated that he is not recommending easennents but a fee simple taking. Kevin Boyle, 203 Ware Street, asked if his Birch trees would be removed in the installation process and if so, if they would be replaced. Robert Mangiaratti, Town Counsel, explained that the Engineering Department and the Landowners could work together on an individual basis. Tom Madan, 263 Ware Street, asked if homeowners' lawns will be replaced after construction. Richard Hargreaves, 213 Ware Street, stated that he has an L- shaped driveway and questioned what effect the sidewalk would have on his driveway and what could be done about it. Patty Turner, 151 Ware Street, asked if the utility pole in front of her home would be relo- cated. John Ruso, 16 Ware Street, suggested the Town explore installation of sewerage before repav- ing Ware Street. Kate Pungitore, 673 Ware Street, asked if there is a possibility of extending the sidewalks fur- ther down Ware Street. William Williams, Town Manager, asked what the construction timetable is for the sidewalks. (Two to thee neonths) Robert Swanson, Town Engineer, presented the cost estimates for material to install the sidewalks. Discussion followed concerning the cost estimates and durability of the material. At this time, Selectman Penney thanked Robert Swanson, Town Engineer, Dave Archard, As- sistant Town Engineer, Robert Mangiaratti, Town Counsel, Representative Hyland, and Senator Keating for all their work with this project and requested thank you letters be sent to Representative Hyland and Senator Keating. MOTION: To solicit bids with the options stated in the Town Engineer's memorandum along with the option of using concrete or bituminous concrete dated February 1, 1994 and authorize appraisals. (Penney - Ronald) All in favor. PASSES. 10. Old Business Town Manager William Williams, Town Manager, requested the Board of Selectmen allow him for time to delay or reconsider the downtown parking placard system voted at their last meeting and also stated that the Police Department is not staffed to enforce the system. At this time it was requested by the Selectmen that Representative Hyland and Senator Keating meet with John Haley to discussing the parking situation; John Pobst of SRPEDD should be invited also. Mr. Williams also stated that the snow banks will be removed from the commuter parking areas this evening and also suggested that certain areas downtown be posted as "No Parking Between 6:OOAM - 9:OOAM temporarily. MOTION: To allow the Town Manager an additional two weeks to evaluate the parking situation downtown and report back to the Board of Selectmen. No signs are to be ordered yet. (Penney- Royle) All in favor. PASSES. Selectmen Selectman Royle requested Mr. Williams investigate whether or not the Old Colony right of way is a public parking lot or abandoned right -of -way. Selectman Royle also asked that the "Request for Transfer" form be revised by adding a signa- ture line for the Town Manager. Selectman Royle also asked when the Planning Board's special permit filing fees were going to be discussed by the Board. February 9, 1994. Selectman Ronald stated that he had a chance to review the special permit filing fees recom- mended by the Planning Board and asked if two separate fees could be used for residential and commercial uses. Selectman Penney requested that the Town Manager check with Bob Swanson, Town Engineer, to see how the trial usage of calcium chloride as a substitute of sanding roads has gone. Selectman Penney also requested that the Town Manager look in to the Town of No. Attleboro paying a fee in lieu of taxes for use of the Town's property for its water treatment plant. Selectman Penney also requested a list of all town -owned property that could be sold to help raise funds for a new Town Hall. Selectman Penney also inquired about the Williams Street bridge project, Gilbert Street Dam project, and the Mill Pond dam and planned park theme project and requested copies (of the Mill Pond dam project) be sent to the Conservation Commission. Acting Chairman Robinson asked about the status of the Christmas Tree pick up. Acting Chairman Robinson also requested that Dan Clifford, DPW Director, and Bob Swanson, Town Engineer, be consulted with regarding the amount of compost at the recycling park and what can be done with it. 11. New Business Town Manager William Williams, Town Manager, gave the Selectmen an update on State Aid, which was recently reported to him by John Robertson, Financial Advisor for MMA. Mr. Williams also informed the Board of Selectmen that it would be near to impossible to hold an undelayed Town Meeting. Selectmen Selectman Penney referenced a memorandum from the Municipal Building Committee regard- ing review of plans for the John Berry School and requested that a memorandum be sent to the Municipal Building Committee stating that we will send them any plans we receive for the John Berry School once we receive them. Selectman Royle asked if the Town of Mansfield contributes to Self Help. William Williams, Town Manager, stated that he is proposing $3,500 in the budget for Self Help. Selectman Royle also asked questions concerning GATRA meetings, whether or not GATRA supplies the Council on Aging bus, and if there is a fee for the service. 12. Adjournment - 10:10 P.M. t -t Cr Y Date of Approval