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HomeMy WebLinkAboutBOS MINUTES 4-10-1996BOARD OF SELECTMEN MINUTES April 10, 1996 Car �xry 1 T P. PRESENT: Chairman Madan, Clerk Mahana, and Selectmen Colella, Pasquale, and Robinson William F. Williams, Town Manager Christopher Marion, Assistant to the Town Manager 1. Meeting called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant No. 42 - $6762101.70 MOTION: To approve. (Mahana- Robinson) All in favor. Chairman Madan abstained from all but Building Department items. PASSES. B. Licenses and Permits Request for Transfer from Reserve Fund No. 10 - Town Manager Expense - $5,000 MOTION: To approve the request. (Mahana - Colella) All in favor. PASSES. C. Minutes of April 1, 1996 MOTION: To approve. (Mahana - Colella) (4 -0 -1) Selectman Robinson abstained. PASSES. D. Correspondence ACTION: Miscellaneous Letter from Geoff Slater, Director of Planning, MBTA, requesting nominations to a Task Force being formed by the MBTA to examine ways to avoid, minimize, and mitigate noise along the shore line (i.e. MBTA Attleboro line and the Amtrak line to New Pork) (Appropriate candidates would be any resident, cormnunity or neighborhood greup representative, local or elected official, or ally other individuaI) Chairman Madan requested this position be posted on cable. OTHER: Resident Letter from Karl Clemney, 390 West Street, stating that he believes the owners of Lot 3 Assessors Map 16 should be licensed as the open air parking lots are and suggesting that the owners of other open air parking facilities who have paid the fees and taxes on the property should be allowed a five year exception Board and Committee Memorandum from the Municipal Building Committee stating the new officers are David Young, Chairman, and Lawrence Carpenter, Clerk Town Manager and Staff Letter to the Board of Selectmen from Arthur O'Neill, Police Chief, clarifying the issue of money owed to the Town of Mansfield by the Great Woods Center for the Performing Arts for the use of police vehicles Selectman Pasquale requested the Selectmen act on a letter of resignation from the Airport Commission from George Dainis this week rather than next week and read the letter aloud. MOTION: To accept the resignation of George Dainis from the Airport Commission. (Pasquale- Mahana) All in favor. PASSES. A letter of appreciation should be sent to Mr. Dainis, and the position should be posted. 2. Questions and Comments Peter DeTrolio, Elm Street, asked if the Board of Selectmen had received an answer to his question relative to sprinkling the new West Mansfield Fire Station. Mr. Williams, Town Manager, responded by reading a memorandum from Edward Sliney, Fire Chief, dated April 9, 1996, concerning the sprinkler system. ( Mr. Williams, Town Manager, stated that a system will be required and that his recommendation is that an appeal not be made, an attempt for an estimate for the system be made, and the system be installed during construction. Clerk Mahana stated that he asked about the feasibility of a light at the intersection of School Street and Plymouth Street and according to Traffic Safety Officer Lawson, it will be a dangerous intersection whether or not the light is installed. Richard Devine, 6 Morgan Road, submitted a letter to the Board of Selectmen and requested questions contained in the letter be submitted Town Counsel. The letter was concerning the propriety of School Committee articles at this past Town Meeting. Mr. Devine also commented on a Reserve Fund Transfer approved by the Board of Selectmen for the municipal buildings projects and expressed disagreement with the transfer, stating that it was not an emergency. Karl Clemmey, 390 West Street, asked why the Board of Health holds their Household Hazardous Waste Collection at Great Woods each year and asked the Board of Selectmen to direct the Board of Health to remove this from Great Wood. Mr. Clenuney also stated that some of the waste may drain onto his property agjacentto Great Woods. Mr. Clenuney also stated that Great Woods will be violating the zoning by -law by having a flea market this year and that admission would be charged and food concessions would be included in the flea market, and Mr. Clenuney requested Board of Selectmen look into. 3. 8:00 PM Great Woods Entertainment license Review Bruce Montgomery, General Manager, Great Woods Center for the Performing Arts, was present for the license renewal review. Selectman Robinson reviewed Attachment No. 1 of the entertainment license and stated that he feels with the guidelines outlined in the license, safety expected can be maintained. Selectman Robinson also stated that he and Selectman Colella will talk with Mr. Montgomery continually throughout the year concerning complaints. The complaints will be addressed during the year and during the next licensing procedure. Public Comments Karl Clenuney inquired about payment "in kind" clause within the Great Woods Entertainment license referencing letters he sent to the Town Treasurer and Police Chief. Mr. Clenuney stated that he does not feet it is right that money is deposited into a Police Department account and not into the General fund. Peter DeTrolio, Elm Street, stated that it seems as though he will have the same noise problem as he has had in the past and asked if anything had been done to reduce the noise. Selectman Robinson responded that the Selectmen do not have a resolution to the noise problem. 6 Robert Lynch, 382 Elm Street, West Mansfield, stated that he knows many people in West Mansfield that do not have a problem with the concerts at Great Woods and the noise from the concerts. Mike Van Splinter, West Mansfield, stated that Great Woods works with people and that the Department of Environmental Protection (DEP) has found the noise level within regulations. Michael Morizio, 92 Oak Street, stated that he agrees that noise from Great Woods can be annoying but at other times it is not, stated that it bothers him that some of what is said is taken without merit, expressed concern with access to parking lot not being controlled and entry time maintained, requested the Selectmen listen to what is being said, expressed concern with the police funding issuing, and suggested the Police Department use the Sheriff's Department to help out with Great Woods. Selectman Robinson noted that the funding mechanism referenced in Itenr No. 10 had been removed from the license. Police Chief O'Neill responded to Mr. Morizio relative to policing during concerts at Great Woods, utilizing the services of the Sheriff's Departmetn, and also stated that the 3:00 parking lot opening did not work last year and caused traffic. Lastly, Chief O'Neill stated that if there is a problem with the funding mechanism for police equipment rental, Town Counsel owes the Town an apology because he gave the Town his blessing. John McNair, stated that he is tired of having local police department put the Sheriff's Office down and also stated that the employees are all very well trained. Board Members Selectman Pasquale commended Selectmen Robinson and Colella for adding a clause into the license concerning insurance. Selectman Colella expressed concern regarding Mr. DeTrolio's concern regarding the noise level and questioned what the Board of Selectmen could do about the noise level. Clerk Mahana compared Great Woods concert noise to noise from trains during the middle of the night. Also, Clerk Mahana questioned the height and cost of the sound fence installed at rear of Great Woods and the number of Mansfield residents employed by Great Woods. Mr. Montgomery responded that Great woods continues to monitor sound levels. MOTION: To approve the license as submitted, Draft No. 2. (Pasquale- Mahana) All in favor. PASSES. 8:40 PM The Boarzf ol'Selechnen took a rive minute break at this tune. 4. Request of Police Chief O'Neill Police Chief O'Neill referenced a letter he sent to the Board of Selectmen requesting their permission to approach Great Woods to pay for training ($2,220) for him and two lieutenants, as allowed in Section 13 of the license. MOTION: To approve. (Pasquale - Colella) All in favor. PASSES. Selectman Pasquale responded to flea market issue raised by Mr. Clemmey under questions and continents stating that the Selectmen received an opinion from Town Counsel that a license would not be required for the flea market. 5. Discussion with Tata & Howard RE: Ash Property Lee Azinheira, Town Engineer, John Buckley, Assistant DPW Director, and Don Tata and Paul Howard of Tata and Howard were present for this discussion. Mr. summarized timeline for the Ash Property, which began in 1975. Don Tata and Paul Howard reviewed current status of the project and short term schedule for the project. Board of Selectmen Questions: Questions and comments from the Board of Selectmen were concerning compliance with Chapter 404, if Tata & Howard are being paid by the Town for their appearance this evening, project completion date, filling of 10- 15,000 square feet, amount of wetlands disturbed, surface water testing, cost of the spring test, State waiver application, implications of not moving forward with the waiver application, and Pilot Water Treatment Study review. A suggestion was made that an evaluation be done of Town - -owned land that could be used as possible well sites and a question was asked of whether or not a similar study had been done in the past. Similar studies have been done in the past; the information will just have to be compiled. 6. Town Manager Contract Renewal Request Chairman Madan referenced a letter from the Town Manager requesting renewal of his contract by May 1. Mr. Williams stated that three years ago, the contract renewal process actually began in June or July and the details where finalized by August. Board Discussion Clerk Mahana stated that he has a great reluctance to make a decision by May 1, he has not had enough time to evaluate Town Manager's performance, and that he would like additional time to be able to make a decision prior to the August 25 deadline. Selectman Colella stated that he feels Clerk Mahana's request is fair and that it is not fair to him to ,judge the Town Manager when he has only been at three or four Selectmen's meetings; Selectman Robinson stated that he has no problem waiting until August to act on the Town Manager's contract but that the Selectmen should start "doing some leg work" on it now. Selectman Pasquale stated that he has worked with the Town Manager for five years and has no problem with moving forward, but if the Board would like to wait, the Selectmen should start doing the leg work now. Past reviews should be made available for new members, and Board members should review Town Manager goals and objects so that the Town Manager has some direction. Chairman Madan stated that he would like to review the Town Manager's contract, he understands how the Town Manager feels in that he would like to know which way the Selectmen are leaning towards renewal or non - renewal of his contract. Clerk Mahana stated that he feels the Board of Selectmen should be setting goals and objectives for the Town Manager and reviewing them with him. Selectman Pasquale responded noting the procedure that has been used in the past. Discussion among the Board of Selectmen followed concerning whether or not to act on the Town Manager's request for renewal of his contract at this time. MOTION: To have a subcommittee formed by the Chairman with one appointment by hire to work towards renewal of Town Manager's contract, hammering out details in contract. (Pasquale- Robinson) (3 -2) Selectmen Pasquale, Robinson, and Madan in favor. Clerk Mahana and Selectman Colella Opposed. PASSES. 7. Town Manager Report • Water Billing Recommendation - 194 --196 Rumford Avenue Dianne Nelson requested an abatement of her water bill for property located at 194 -196 Rumford Avenue. Vel Bishop, DPW Billing Supervisor, has recommended the abatement be denied. Mr. Williams stated that he sees no reason to disagree with DPW Billing Supervisor's recommendation. Discussion among the Board of Selectmen was concerning giving the resident the benefit of the doubt, time line for the water charges and abatement request, the amount of water used, and whether or not the water meter was tested.. MOTION: To deny abatement as requested (Pasquale - Robinson) (3 -1--1) Selectman Colella was opposed and Clerk Mahana abstained. PASSES. Town of Norton Sewer Billing Mr. Williams gave an update on the Town of Norton sewer billing status referencing a letter from Walter Lindberg, Norton Town Manager, to Mr. Williams dated April 3 and a letter from Betty Amicone, DPW Office Manager, to the Town of Norton dated April 10. Discussion among the Selectmen followed concerning discovery of the lost revenue, how far back the billing goes, and why procedures were not in place when the discrepancy began. • MBTA Task Force Representative Mr. Williams noted that he does not feel there will be enough time to advertise for this position, as suggested earlier in the meeting, because the deadline for nominations is April 16. Mr. William's asked if any of the Selectmen have a suggestion for a representative to please let him know and he would get in touch with their. Chairman Madan suggested contacting Marianne Macdonald and ( checking with the Chairman of Train Station Advisory Committee. Chairman Madan also suggested contacting residents who have written letters of concern to the Selectmen regarding the high speed rail electrification proiect. • Mill Street Construction Mr. Williams responded to an inquiry made at last week's Selectmen's meeting concerning settling on Mill Street. Work will be done on Mill Street beginning the week of April 8. Selectman Robinson asked if the street would be closed and stated that if it is he would like the Police Department, School Department, and Bus Company to communicate about routes to be taken by school busses. 8. Selectmen A. Old Business • Status of White Property Selectman Colella inquired about the status of the White property located on School Street. • Great Woods Entertainment License Selectman Pasquale requested a letter be sent to Town Counsel concerning his review of the Great Woods Entertainment License each year and just commented on the legality of Item No. 10 this year, when it has been included in the license since 1987. A consensus of the Board of Selectmen was in favor of Selectman Pasquale's request. • Board of Selectmen Policies and Procedures Selectman Pasquale suggested the Selectmen review and adopt the Policies and Procedures worked on and adopted by the former Board. • Enterprise Accounts Selectman Pasquale also requested the feasibility of water and sewer enterprise accounts be reviewed with the Finance Committee and stated that he would also like the ramifications of enterprise accounts explained to the Board. B. New Business • Workshop Schedule Selectman Robinson asked if the Selectmen will be having workshops incorporated into their meeting schedule. • East Mansfield Common Selectman Robinson stated that he would like to meet with the Tree Warden to discuss removal of a couple of trees from the East Common before they fall on newly planted trees. MOTION: For Selectman Robinson to work with the Tree Warden on this ( issue. (Pasquale- Colella) All in favor PASSES. • Federal Impact Program Clerk Mahana stated that he is proposing the State enact a public impact fund relative to assisted public housing which would benefit Mansfield. Clerk Mahana has talked with various legislator, Senator Keating, Representative Hyland's Office, and Barney Frank's office. Selectman Pasquale suggested Clerk Mahana involve the Fair Housing Committee. • Town -Wide Vehicle Inventory Clerk Mahana asked if a 10% reduction in the town -wide vehicle count be put into the Town Manager's goals and objectives. Mr. Williams requested the amount of the reductions be left to him and he would report back on his accomplishment to the Selectmen. • Central Dispatch - Review of Minutes Clerk Mahana stated that on April 3, he requested copies of Board of Selectmen minutes from 1983 -1990 from the Town Clerks office in order to look for information on central dispatch and stated that around that time a memo was sent out to Fire Chief concerning central dispatch. • Letter to Assistant District Attorney Clerk Mahana stated that the District Attorney never received a letter that he sent a couple of weeks ago concerning an executive session held by the Municipal Building Committee so he faxed it to his office today. Selectman Pasquale inquired about the letter sent by Clerk Mahana as an individual and asked why the letter was sent on Town stationary if it was sent from hire as an individual. 9. Adjournment - 10:40 PM MOTION: To adjourn. (Robinson - Pasquale) All in favor. PASSES. Signature Date of Approval