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HomeMy WebLinkAboutBOS MINUTES 7-20-1994Sty AUG 18 P"BPA" OF SELECTMEN MINUTES TJULY 20, 1994 PRESENT: Chairman Robinson, Clerk Ronald, Selectmen Penney and Royle William F. Williams, Town Manager 1. The meeting was called to order at 7:30 P.M. followed by the pledge of allegiance. 2. Following an update given by Clerk Ronald on the status of cameras at the MBTA com- muter station, Chairman Robinson stated that at a meeting he had this date with represen- tatives of the MBTA, SRPEDD, and Representative Hyland, it was mentioned that GATRA may have funds available for the cameras. Clerk Ronald suggested possible reimbursement to the Town by GATRA. After discussion of funding the project, the following motion was made: MOTION: To support the expenditure of approximately $40,000 paid through the cable vision capital account and also as one last resort to ask the Chairman to call Frank Gay at GATRA to ask if there is any possibility of GATRA funding or making donations towards cameras at the MBTA commuter station. ( Royle- Penney) All in favor. PASSES. 3. 7:40 P.M. Planning Board Interviews Prior to the interviews beginning, Chairman Robinson stated that there are three additional candidates who applied for a position on the Planning Board previously but were not appointed and that they will still need to be contacted for interviews at the next Selectmen's meeting. This evening's interviews, therefore, will be kept open. Applicants present for interviews this evening were: John Anderson, William Antoine, and James Cicchetti. Following each of the applicants giving a brief history of themselves and stating why they would like to be appointed to the Planning Board, members of the Board of Selectmen asked each of the applicants questions. Questions asked by the Selectmen were concerning what they would like to accomplish if appointed to the Planning Board, familiarity with new and proposed subdivisions, engineering experience, availability during evenings, familiarity with Master Plan, opinions on zoning, ideas on phasing or controlling growth, attendance of Plan- ning Board meetings, familiarity with Subdivision Regulations and site review process, ex- perience with land use planning, individual strong and weak points, and interest in other Boards and Committees. Chairman Robinson stated that the remaining applicants for the Planning Board will be inter- viewed on August 3, 1994. 4. 5:00 P.M. Discussion with Robert Mangiaratti, Town Counsel Ware Street Sidewalks Robert Mangiaratti, Town Counsel, stated that he understands that there have been some ques- tions concerning the propiety of the schedule of damages and the procedure to be followed with the Ware Street sidewalks project and outlined what has, will, and what he is proposing to happen with the project. Town Counsel explained the procedure to be used while awarding damages stating that land- owners are not bound by the Board of Selectmen's decision and that ultimately the residents have up to three years to appeal the decision. Residents may either accept the Town's awards for damages for takings for the sidewalks or they may accept the award from the residents conditionally, reserving the right to bring a claim against the Town for additional money for the taking. Once the takings are recorded and work is underway, individual landowners may ask the Board to consider their cases on an individual basis. Lastly, Attorney Mangiaratti suggested that the Selectmen vote takings, establish a schedule of nominal damages, start construction, and deal with the problems that may arise on a case by case basis. After being informed by the Selectmen that the Selectmen have already voted on the takings, Town Counsel stated that he will draft the takings for the Selectmen's signatures. Discussion among the Selectmen and Town Counsel followed concerning award of damages for the takings. Essex Street Land Voted for Sale at the October 1993 Town Meeting Robert Mangiaratti, Town Counsel, stated that it was voted at the October Special Town Meet- ing to sell a small parcel of land on Essex Street and the deed for the land has been prepared and is ready for signature. Attorney Mangiaratti, stated that purchasers of the land must sign an affidavit and pay the full purchase price prior to the deed being delivered to them. MOTION: To execute the release deed from the Town of Mansfield to James and Elinor Buchanan for land on Essex Street which was the subject of Article 19 of the October 1993 Special Town Meeting, to be delivered by the Town Treasurer provided the established procedures have been followed. (Royle- Penney) All in favor. PASSES. Prior to the above motion being voted on, the Selectmen discussed whether or not all fees, such as the recording fee, was included in the price established at the auction. Vadalla Claim Attorney Mangiaratti stated that Mr. Vadalla and his trust brought suit against the Planning Board and a large number of public officials for violation of his civil rights. Attorney Man- giaratti stated that lie has been in touch with the Town's insurance counsel and he has moved the case to Federal district court and filed a motion to dismiss the claim. Town Counsel also stated that he also has a memorandum that he will be asking the Town Manager to distribute to staff, which advises them of the status of claim and that they should not discuss the case with anyone unless directed to from Insurance Counsel, Sherman, or himself. NPDES Permit Lastly, Attorney Mangiaratti gave an update on the Town's NPDES permit as requested by the Selectmen. 5. 8:40 P.M. Discussion with Bob Gurek concerning the Mansfield School Cable Account Both Bob Gurek, School Business Manager, and Rosemary Hunter, Technology Technician, were present for this discussion. Mr. Gurek stated that the School Department received a proposal from Clear Concepts for ca- bling the whole School District and they are requesting to start off cabling the High School. Ms. Hunter gave a brief review of the proposed computer cable system and the approximate cost for the high school project. Members of the Board of Selectmen asked Mr. Gurek and Ms. Hunter questions and com- mented on the following: connecting computers in different classrooms in, why the project is beginning with the high school vs. middle or elementary school, where funding is coming from, balance of the cable account, maintenance agreements, effect renovations to school build- ings would have on the project, and that the Selectmen are happy to see the project moving along. MOTION: For the Board of Selectmen to release tip to thirty thousand ($30,000.00) dol- lars to the School Committee to continue their networking system at the high school. (Ronald- Penney) All in favor. PASSES. 6. 9:00 P.M. Consideration of Vote of Requested Section 20D Exemption /Andrea Micheli Andrea Micheli requested an exemption under Section 20D of the Massachusetts General Laws because she was recently appointed to the Mansfield School Committee and is co -owner of Bookends, where some Mansfield teachers and principals purchase some books using purchase orders processed through the school department's business office. After Board members asked Ms. Micheli questions concerning the type and number of books purchased at Bookends, the following motion was made: MOTION: To grant an exemption of Section 20D of the Massachusetts General Laws to Andrea Micheli, Mansfield School Committee member, and co -owner of Bookends, until the end of her term, March 1995. ( Royle- Penney) (3 -1) Clerk Ronald Opposed. PASSES. 7. 9:10 P.M. - PATNA - Class H License Continued Public Hearing Harvey Gack d /b /a PATNA submitted an application for a Class II license at 162 No. Main Street this evening for the Selectmen's consideration. Chairman Robinson asked Mr. Gack if he would like to withdraw his application for a Class II license at 549 Elm Street; Mr. Gack responded that he would like to withdraw that application. Mr. Gack stated that he would still be using Elm Street Garage, 549 Elm Street, for repair work while using 162 No. Main Street for office space. Clerk Ronald stated that if 162 No. Main Street is not a location where Class II licenses are al- lowed he is not willing to revoke PATNA's license but recommended that Mr. Gack come into compliance with his Class II license by December 31. Selectman Royle requested a statement from the owners of the office Mr. Gack would be rented at 162 No. Main Street stating that Mr. Gack is sub- renting space be submitted. The public hearing was continued to August 3, 1994, at 8:00 P.M. Five minute break. 8. Special Town Meeting Date William Williams, Town Manager, stated that Judith Scott, Town Clerk, established a schedule where there would be a Special Town Meeting on October 24 and stated that she feels an ideal date for a Special Election would be December 6, and that he feels that this date meets the time frame requested by the School Committee and that the Town could be ready by that date. Discussion among the Selectmen followed concerning meeting with the School Committee before and after the Special Town Meeting, working on the projects together with the School Committee, holding open houses on Monday nights prior to the election, and conveying the Town's funding needs to its residents. MOTION: To set october 24, 1994 as a Special Town Meeting date. ( Royle- Penney) (3 -1) Clerk Ronald opposed. PASSES. 9. Questions and Comments 1 Jay Goldman, 231 Williams Street, asked that the Selectmen give some more thought to their vote to expend approximately forty thousand ($40,000.00) dollars for cameras at the train sta- tion because he was on the Cable Advisory Committee and he does not feel that that is an ap- propriate expense for that fund. Chairman Robinson responded that if Mr. Goldman could give him something as a guideline concerning appropriate expenditures for the fund, he would be happy to look at it. Karl Clemmey asked the Selectmen if they were going to be responding to any of his letters which were in the Selectmen's last meeting's correspondence. Chairman Robinson stated that he will be responding to the letters; however, he is still meeting with people about them. Chairman Robinson referenced a recent article in the Mansfield News regarding future municipal buildings and stated that the Board of Selectmen has been working on a capital im- provements plan for the town and have had workshops and are moving forward. Discussion followed among the Selectmen concerning the article. Chairman Robinson gave an update to the Board of Selectmen of a meeting he had this morn- ing with representatives of the MBTA, John Pobst of SRPEDD, William Madan, Train Station Advisory Chairman, Representative Hyland, and Town Manager William Williams. 10. Weekly Business A. Warrants Warrant No. 55 - $103,061.97 MOTION: To approve Warrant No. 55 in the amount of $103,061.97. ( Royle- Penney) All in favor. Selectman Royle abstained from all Board of Health items. PASSES. Warrant No. 56 - $207,650.28 MOTION: To approve Warrant No. 56 in the amount of $207,650.28. (Penney - Royle) All in favor. Selectman Royle abstained from all Board of Health items. PASSES. Warrant No. 3 - $1,728,578.05 MOTION: To approve Warrant No. 3 in the amount of $1,728,578.05. (Penney - Royle) All in favor. Selectman Royle abstained from all Board of Health items. PASSES. Warrant No. 4 - $1,288,186.86 MOTION: To approve Warrant No. 4 in the amount of $1,288,186.86. (Penney- Royle) All in favor. Selectman Royle abstained from all Board of Health items. PASSES. B. Licenses and Permits Letter from Richard Gelerman, Special Town Counsel, with enclosed release for Lot 7 on Bird Road for Serena Nardone. MOTION: To approve the release for Lot 7 Bird Road on a plan of land in Mansfield dated May 28, 1994 recorded in Plan Book 324, Page 62 at Bristol North Registry of Deeds. ( Royle- Ronald) (3 -0 -1) Selectman Penney abstained. PASSES. Application for a Sewer Connection Permit for Three Lots on Perkins Avenue and memoran- dum from the Engineering Department recommending approval of the permit. Selectman Penney stated that in the future he would like to see copies of the plans for the per- mit one week ahead of time. Clerk Ronald stated that he would also to see any plans for ease- ments. MOTION: To approve the sewer extension permit for Perkins Acres. ( Royle- Penney) All in favor. PASSES. C. Correspondence ACTION CORRESPONDENCE Resident Letter to the Board of Selectmen from Deborah Lacorazza requesting permission to close Deer Path lane to traffic between 1PM and 8PM on July 23, with a rain date of July 24, for a block party MOTION: To approve. (Penney - Royle) All in favor. PASSES. State and Local Governments Letter to the Board of Selectmen from SRPEDD requesting the Selectmen's endorsement of the Annual Update of the Overall Economic Development Program for Southeastern Massachusetts MOTION: To endorse the annual update of the Overall Economic Development Program for Southeastern Massachusetts for SRPEDD. ( Royle- Ronald) (3 -0 -1) Selectman Penney abstained. PASSES. OTHER CORRESPONDENCE Resident Copy of a letter from Karl Clemmey to the Massachusetts Highway Department concerning the Route 140 project Copy of a letter from Karl Clemmey to Acting Police Chief O'Neill concerning the Route 140 project Copy of a letter from Karl Clemmey to Acting Police Chief O'Neill concerning plastic drums at Great Woods Board and Committee Invitation from Ken Parsons, IDC Chairman, to the Board of Selectmen and various other Boards and Committees to a workshop on Mansfield's future on July 28, 1994, at 7:00 P.M. Copy of a letter to Bob Mangiaratti, Town Counsel, concerning the Jordan Jackson Elementary School Complex heating system Town Manager and Staff Building Department Permits for June 1994 Massachusetts Highway Department Gilbert Street Bridge public hearing notice SRPEDD Pavement Management Newsletter Notice of Examination for a Financial Assistance Social Worker I State Department of Public Welfare Commonwealth of Massachusetts Community Antenna Television Commission Order Adopting Emergency Regulation Miscellaneous Correspondence Copy of a letter to Jill Reddish, Community Antenna Television Commission, from Michael Clark, CVI Business Manager, with attached Quarterly Complaint and Significant Service In- terruption forms Copy of a letter to Jill Reddish, Community Antenna Television Commission, from Stephen Grossman, CVI District, concerning Cablevision Industry's refund plan 11. Old Business Town Manaeer Paine School Appraisal Report After discussion of the amount of the appraisal and whether or not the Paine School building was included in the appraisal, the following motion was made. MOTION: To authorize, Joan Cutillo, Town Treasurer, to be the sales agent for the Paine School subject to the Town's procedures, and the Town Manager reserves the right to accept or reject any and all bids. (Ronald - Penney) All in favor. PASSES. Board of Selectmen Selectman Royle requested that charter amendments be placed on a future agenda. Selectman Penney asked about Cabot Partners gifting land located on Plymouth Street. The Town Manager stated that he would discuss this under new business. Selectman Penney also asked about the status of the Maple Street /Franklin Street intersection study, the water supply, and suggested that the Selectmen meet as Water and Sewer Commissioners on a quarterly basis. Selectman Royle requested that Robert Swanson, Town Engineer, and David Archard, Assis- tant Town Engineer, give an update to the Board concerning Mansfield's water. Chairman Robinson requested that Mr. Swanson and Mr. Archard attend the August 3 meeting to give an update on the water issue. Town Manager, William Williams, requested that all questions for Mr. Swanson and Mr. Archard be given to him in writing ahead of time. Clerk Ronald suggested that the Cable Advisory Committee, who would recommend how Cable money is spent, be made up of 1 Board of Selectmen representative, 1 Cable Access rep- resentative, 1 School Committee representative, 1 Town Manager appointment, 1 Public Safety appointment, and 1 community representative. Selectmen Royle and Penney suggested two community representative be included in the Committee rather than one and one Town Manager appointment. Selectman Penney suggested that possibly a senior citizen over sixty - five could serve as one of the representatives, maybe the Selectmen's. Clerk Ronald will have package put together on the Cable Committee make -up for the Selectmen's next meeting. 12. New Business Town Manaeer Basketball Courts The Town Manager stated that the basketball courts are being reconditioned and will be under repair construction soon, the tennis courts will be fixed soon, and that he has asked the Recrea- tion Director to look into the ball fields' condition with the School Department. Cabot Partners Land Acquisition Town Manager William Williams stated that he would like the Selectmen to look into the Plymouth and School Streets land acquisition and that he will have plans for them in the near future. Purchase Order for Motorola Communications - $14,191.17 - 3 Mobile Radios and 3 Portable Radios MOTION: To approve the purchase order for Motorola Communications in the amount of ( $14,191.17. ( Royle- Ronald) All in favor. PASSES. Purchase Order for Borden & Remington - $41,359.50 - 147,000 pounds Hydrated Lime and 21,000 gallons of Liquid Potassium Hydroxide MOTION: To approve the purchase order for Borden & Remington in the amount of $41,359. (Ronald - Royle) All in favor. PASSES. Purchase Order for Beta Engineering Inc. - $7,400.00 - Engineering Services associated with the utility work and sidewalks at Cabot Business Park MOTION: To approve the purchase order for Beta Engineering Inc. in the amount of $7,400.00. (Penney - Royle) All in favor. PASSES. 13. Adjournment - 11:05. Date of Approval /`I %f