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HomeMy WebLinkAboutBOS MINUTES 3-20-1996BOARD OF SELECTMEN MINUTES March 20, 1996 PRESENT: Chairman Madan, Clerk Mahana, and Selectmen Colella, Pasquale, and Robiloson William F. Williams, Town Manager Christopher Marion, Assistant to the Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Reorganization e Chairman Nh•. Williams, Town Manager, called for nominations for Chairman. Nominations: Selectman Mahana nominated Selectman Madan to be Chairman, and Selectman Robinson nominated Selectman Pasquale to be Chairman. Selectman Madan received three votes, one each from Selectmen Colella, Madan, and Mahana, and was, therefore, named Chairman. • Clerk Next, Chairman Madan called for nominations for Clerk. Nominations: Selectman Colella nominated Selectman Mahana to be clerk. All members voted in favor of the nomination, and Selectman Mahana was named Clerk. B. Warrant Nos. 39 & 39A ® Warrant No. 39 — $1,484,68499 MOTION: To approve Warrant No. 39 in the amount of $1,484,684.99 (Robinson - Colella) All in favor. PASSES. Warrant No. 39A — $676,024.97 MOTION: To approve Warrant No. 39A in the amount of $676,024.97. (Robinson - Pasquale) All in favor. PASSES. C. Licenses and Permits — None D. Minutes • Minutes of March 13, 1996 MOTION: To approve. (Colella - Pasquale) (2 -0 -3) Chairman Madan, Clerk Mahana, and Selectman Robinson abstained. PASSES. E. Correspondence 1 Resident Correspondence Letter from Lee Alessandri, Mansfield resident, with an attached article from a Cape Cod newspaper concerning fluoridation Petition from Thomas Street and Wessel Avenue residents requesting Thompson Street be dug up and repaved Mr. Williams referenced a mernorandmn from Dan Clifford, DPW Direclor, dated March 19, 1996, corrtainirrgMr. Clifford's response to the resident's letter. Additional correspondence noted by Clerk Mahana was a Cablevision Bulletin, the "Tri -Town Connection ", and a letter from Southeast Regional Vocational Technical School. School. 2. Questions and Comments Karl Clemmey, 390 West Street, asked Selectman Robinson if lie would receive a response from the Selectmen if lie put his comments in writing concerning Great Woods' entertainment license for 1996. Selectman Robinson stated that Mr. Clernmey's continents would definitely be looked at and that he would get a response. Karl Clennney, 390 West Street, asked the Board of Selectmen if they were going to require Great Woods apply for an open air parking facility license for the property they use for parking that is owned by Sherman Wolf. Chairman Madan stated that the issue would be reviewed. 3. 7:50 PM Town Manager Report A. Sewer Extension Policy Lee Azinheira, Town Engineer, was present for this discussion. Mr. Azinheira explained that the purpose of the policy is to codify the numerous requests the Town receives for sewer extensions. All changes requested by the Selectmen have been incorporated in the document. Board of Selectmen Questions and Comments Members of the Board of Selectmen continented on and asked questions concerning the betterment approving authority, the fee to be charged, and who would pay for preparation of the preliminary cost estimates for each project. Mr. Williams responded to the concern expressed relative to the betterment approving authority stating that Town Counsel's opinion was requested on the issue and that the procedure proposed is legal. A consensus of the Board of Selectmen was in favor of postponing any action on the sewer extension policy until March 27, which will allow more review time. B. Paine School Sale Robert Mangiaratti, Town Counsel, summarized the history of the sale of the Paine School and stated that the highest bidder, Dr. McBrine, is in agreement that the closing would take place on July 1 and the building would be leased to the Town at a cost of 1112 of yearly taxes for the property each month. Board Questions Questions and comments from the Board of Selectmen were concerning why the Town would want to sell the property and than pay the new owner rent in order to use the building, who would be responsible to pay for utilities and maintenance of the building, the appraised value of 2 the Paine School, amount of interest the Town could earn on the sale proceeds during the six month lease period, Park Row School construction completion date, and whether or not a penalty clause is included in the Park Row contract if the project is not completed on time. Selectman Colella stated that he is completely against the sale of the Paine School. Steven Dean, attorney representing the highest bidder for the Paine School, Dr. McBrine, explained that the legal procedure is for the Selectmen only to approve the sale of the building or to direct the Procurement Officer to sign. Attorney Dean also stated that neither the sale notice nor the request for proposals stated approval of the sale would be required by any Board, including the Board of Selectmen and requested Selectmen direct Mr. Williams to execute the agreements in compliance with the law. Attorney Mangiaratti responded to Attorney Dean's statement noting that the Selectmen are by statute the authority to execute deeds and approve Town sales. Attorney Mangiaratti also stated that the Board of Selectmen does have the authority to make decisions that they feel are in the best interest of the Town and also referenced an addendum to the Request for Proposals dated January 17, 1996 which stated the Town reserves the right to reject any and all bids. MOTION: To reject all bids for the Paine School (Colella- Madan seconded for discussion )(1 -4) Selectman Colella in favor. FAILS. MOTION: To go forward with sale of the Paine School as outlined tonight (Pasquale - Mahana) (4 -1) Selectman Colella Opposed PASSES. C. West Mansfield Fire Station Sale Attorney Mangiaratti stated that he feels that the Town could move forward with the purchase and sales with the closing to occur on or before October 30, 1996. MOTION: To go forward with sale of West Mansfield Fire Station as bid. (Pasquale - Colella) All in favor. PASSES. 4. Pre -Town Meeting Discussion The following guests were present for this discussion: School Committee: Emil Giordano, Jeff Sankey, Jean Miller, Mike Trowbridge Dr. Nicoletti, School Superintendent Robert Gurek, School Business Manager Finance Committee Andres Gazzolo and David McCarter Town Staff: Arthur O'Neill, Police Chief, Edward Sliney, Fire Chief; Daniel Clifford, DPW Director; John Buckley, Assistant DPW Director; Lee Azinheira, Town Engineer; Joan Cutillo, Town Treasurer; and Judith Scott, Town Clerk 3 Robert Mangiaratti, Town Counsel Robert Saquet, Town Moderator Town Moderator Robert Saquet began with reviewing the Annual Town Meeting Warrant articles. Discussion was generated on the some of the articles as follows: • Article 4 — Establish an annual salary of $600 per member of the Board of Selectmen Clerk Mahana stated that he would like to go on record as being opposed to this article. • Article 11 — Appropriate $150,000 for sewer extensions and authorize the Treasurer to borrow $93,750 and charge betterments for this and transfer $56,250 from available funds to the sewer extension Reserve Town Counsel reviewed the procedure for setting up accounts for the sewer extensions. Accounts would be set up by the Board of Selectmen not by Town Meeting. Chairman Madan asked if it is legal to charge a betterment without setting up the district at Town Meeting. Town Counsel responded that it would be legal to do so. This article should be amended by removing the borrowing aspect. • Article 16 — Raise and appropriate, borrow, or transfer a sum of money to design and construct a water main and appurtenances as described in the Water Main Project Phase I Funding would be by borrowing. • Article 17 Raise and appropriate, borrow, or transfer a sum of money to design and construct 20,220 linear feet of water main and appurtenances as described in the Water Main Project Phase II Funding would be provided by borrowing. • Article 18 — Amend vote passed under -Article 25 of the October 24, 1994 Special Town Meeting Emil Giordano, School Committee, will review the wording of this article. • Article 19 — Raise and Appropriate or transfer from available funds $200,000 to defray expenses of providing School transportation for students not otherwise required to be transported This article will be withdrawn by School Committee. • Article 20 - Authorize the School Committee to continue the Transportation Revolving Account of up to $120,000 for the purpose of defraying the costs of various pupil transportation activities The School Committee will review the dollar amount referenced in this article further. e Article 24 — Raise and appropriate or transfer a sum of money to defray the cost of Capital Improvements for Technology This article will be withdrawn by the School Committee. • Article 25 — Raise and appropriate or transfer a sum of money to defray the cost of Capital Improvements for buildings and grounds This article will be withdrawn by the School Committee 4 • Article 26 — Authorize the Selectmen to execute an agreement between the Town and the Southeast Regional Services Group (SERSG) Mr. Williams explained the purpose of the agreement. e Article 27 — Transfer control of land to the south of Williams Street from the Conservation Commission to the Board of Selectmen for roadway and bridge construction purposes Town Engineer Lee Azinheira noted that consultants are currently working on the feasibility of designing the bridge without taking conservation land. • Article 28 — Authorize the Board of Selectmen to take by enninent domain for roadway and bridge construction purposes from the owners of lots in the Forest Park subdivision rights created by tine restrictive covenant set forth in the deed registered as Document No. 43052 Attorney Mangiaratti explained the purpose of this article. Clerk Mahana asked if law suits could be expected as a result of the article. Attorney Mangiaratti stated that a restrictive covenant had been placed on the land by the original developer. • Article 44 — Amend Chapter 6, Police Regulations, Section 11, General By -Laws by adding to the existing section Members of the Board of Selectmen questioned the need for this articles, as shooting within 500 feet of residences is not allowed in Town as it is. Next, the Special Town Meeting warrant articles were reviewed. At 9:10 PM, the Board of Selectmen took a ten minute break. 5. 9:20 Town Manager Report Continued A. Goals and Objectives Mr. Williams requested the Board of Selectmen review his goals and objectives and let him know of any comments they may have. B. West Mansfield Fire Station Department of Public Works Director Dan Clifford was present to answer any questions the Selectmen may have had regarding the West Mansfield Fire Station project Mr. Clifford summarized his involvement in the West Mansfield Fire Station project while referencing his memorandum to the Town Manager dated March 19, 1996. Board Questions Members of the Board of Selectmen commented on and asked questions concerning whether or not the project is being done by the Department of Public Works or if it has been put out to bid, who paid for the gravel used for the driveway, payment authorization, contractor to be used and the amount of his bid, when Mr. Clifford's role in the site work will end, duties and responsibilities of the Municipal Building Committee, amount of authority delegated to the Municipal Building Committee, the cost of the project vs. the amount voted at Town Meeting, if 5 money has or will be taken from the Police Station project to go towards either the fire station or the Park Row, location of the facility, and compaction tests. Mr. Williams stated that he attends all of the Municipal Building Committee meetings and that he also maintains a full binder of job reports on the project which will be available to Board of Selectmen. Chairman Madan requested the Town Manager give periodic updates to community as the project progresses. Mr. Clifford asked the Board of Selectmen whether or not they would like the him to conitnue to be involved in the project. Mr. Williams responded that he would like him to continue being involved with the project and that he would like all purchasing procurements adhered to. Selectman Pasquale thanked Mr. Clifford for the great job he has done with the town -wide projects he has been involved in and for helping out wherever lie can. 6. Selectmen A. Old Business — NONE. B. New Business • Representation on Master Plan Advisory Committee Selectman Pasquale stated that based upon increased work demands he will have to resign as the Selectmen's representative on the Master Plan Committee. Chairman Madan stated that due to his recently being elected to the Board of Selectmen lie will have to resign from the Master Plan Advisory Committee as a citizen at large and will also have to resign from Train Station Advisory Committee. Selectman Pasquale nominated Chairman Madan to serve as the Selectmen's representative on the Master Plan Advisory Committee. Selectman Colella seconded the nomination. All members of the Board of Selectmen were in favor of the nomination. Selectman Pasquale nominated Clerk Mahana to serve as the Selectmen's representative on the Municipal Building Committee, which was seconded by Selectman Colella. All members of the Board of Selectmen were in favor of this nomination. Chairman Madan requested a memo to the Planning Board advising them of his resignation fi•on the Master Plan Advisory Committee so that a new citizen at large can be appointed. • Listing of Town Vehicles Clerk Mahana requested a list of all Town vehicles, including Light Department vehicles, back hoes, etc. • Foxboro & Norton Sewer Agreements Clerk Mahana requested copies of the sewer agreements with Foxboro and Norton. • Establishment of a Water District Clerk Mahana requested the Town Manager contact the Attleboro, Norton, Easton, and Foxboro Officials concerning a possible consortium group with the goal of setting up a water district. Mr. 6 1 Williams responded that he will request Mr. Buckley, Assistant DPW Director, report on the proposal. Clerk Mahana also asked if the Town had made a commitment to Foxboro for sewer for their new hotel. The Town has not. e Norton Water Billing Clerk Mahana inquired about the status of alleged money owed to Mansfield by Norton for water billing. • Light Commissioners Meeting Schedule MOTION: To have a light commissioners meeting at Town Hall on a Wednesday night one hour prior to Selectmen's meeting. (Mahana - Tabled for further review) 7. Adjournment — 10:12 PM MOTION: To adjourn. (Robinson- Colella) All it! favor. PASSES Clerk's Si lattn•e Date ofApp•onal 7