HomeMy WebLinkAboutBOS MINUTES 9-4-1996Board of Selectmen
Minutes
September 4,1996f"'
C' c
1. The Board of Selectmen's Meeting was' called to order at 9:20 I'M
2. Street Acceptance Public Hearing
At 9:20 PM, Clerk Mahana read the public hearing notice aloud to lay out Park Street, Oakland
Street, Reservoir Street, and Spring Street as public Ways. These are old streets that were never
accepted legally. They must be accepted in order to use Chapter 90 funds for their maintenance.
MOTION: To layout the ways.
(Robinson- Maliana) All in favor.
Selectman Pasquale was not present for this hearing or the above vote.
3. Special Town Meeting Article Review
Article No. Description
1 Unpaid Prior Year Bills - $3,694.21
Sponsor: Board of Selectmen
MOTION: To support.
(Robinson - Pasquale) All in favor. PASSES.
2 Transfer from the Finance Department Operating Budget $158, 696 to
the Assessors budget, $99,451 to the Town Accountants budget, and
$439,039 to the Data /Finance Department budget
Sponsor: Board of Selectmen
MOTION: To approve.
(Pasquale- Colella) All in favor. PASSES.
3 Appropriate and transfer $70,500 from the proceeds of the sale of the
former West Mansfield Fire Station project to the Plymouth Street Fire
Station capital project and appropriate and transfer from available funds
the sum of $10,202 to the Plymouth Street Fire Station capital project
Sponsor: Board of Selectmen
MOTION: To approve.
(Pasquale - Robinson) All in favor. PASSES.
4 Appropriate and transfer $200,000 from available funds from the sale of
the Paine School for the Police Headquarters municipal capital project;
and to appropriate and transfer $325,000 from free cash to the Police
headquarters municipal project
Sponsor: Board of Selectmen
MO "PION: To support.
(Pasquale- Robinson) (2 -3) Selectmen Pasquale and
Robinson in favor. FAILS.
Prior to voting on Article 4, Clerk Mahana stated that he would not be
opposed to the transfer of the $200, 000 for the Paine School but that he
(' is opposed to the $325, 000 for the Police Headquarters.
5 Appropriate and transfer $18,088.29 from the Water Capital Account to
the KOH Corrosion Control Facility Account
Sponsor: Board of Selectmen
MOTION: To support.
(Pasquale- Robinson) Selectman Robinson and
Pasquale in favor. FAILS.
Prior to voting on the above motion, Clerk Mahcaw stated that the feels
Water Capitol Account should be used to develop more wetter sources.
6 Appropriate and transfer from the Water Capital Account $100,000 to
Water Department Expense for Well rehabilitation and cleaning, pump
overhaul, and conducting ordinary repairs to
Dustin 7, Albertini #4, Prescott 8 & 9, Witch Pond 6
Sponsor: Board of Selectmen
MOTION: To support.
(Pasquale - Robinson) All in favor. PASSES.
7 Appropriate and transfer from free cash $64,500 to the reserve fund
account
Sponsor: Board of Selectmen
MOTION: To support.
(Pasquale- Robinson) All in favor. PASSES.
8 Appropriate and transfer from the Water Capital Account $95,000 to a
water expense account - New source approval for the Witch Pond Site
Sponsor: Board of Selectmen
MOTION: To approve.
(Pasquale- Robinson) All in favor. PASSES.
9 Appropriate $450,000 and enter into a lease purchase agreement for an
Aerial Ladder Truck
Sponsor: Board of Selectmen
MOTION: Not to support.
(Colella- Mahana) (4 -1) Selectman Robinson
opposed. PASSES.
Prior to voting on this article, Clerk Malrctno commented on items
outlined in the repctir list for the truck.
10 Appropriate and transfer from free cash $50,000 to the Fire Department
Expense for the repair of Ladder 1
Sponsor: Board of Selectmen
MOTION: To support.
(Pasquale- Mahana) (4 -1) Selectman Robinson
Opposed. PASSES.
Prior to voting on this motion, Selectmen discussed repair costs not
2
exceeding $100, 000, obtaining a cost estimate prior to conducting any
repairs, and whether or not the Tmin will get the repair costs back
through the life of the truck
11 Transfer $2,781.55 from the Ambulance Revolving Account to pay prior
year charges
Sponsor: Board of Selectmen
MOTION: To support.
(Pasquale- Robinson) All in favor. PASSES.
Clerk Mcrlrana questioned the free cash balance prior to voting on the
above motion.
12 Appropriate and transfer from free cash $6,000 to the small sewer
extension account - Tremont Street
Sponsor: Board of Selectmen
MOTION: To support.
(Robinson - Colella) (4 -0 -1) Selectman Pasquale
abstained. PASSES.
13 Appropriate and transfer from free cash the sum of $30,000 to Capital
Account No. 30 -3330 for replacement of approximately 500 feet of
existing sewer line on Branch Street
Sponsor: Board of Selectmen
MOTION: To support.
(Pasquale - Colella) All in favor. PASSES.
14 Appropriate and transfer from free cash the sum of $4,000 to the
FY1997 Police Department Expense and $2,000 to the FY97 Fire
Department Expense public safety computer software maintenance
agreement
Sponsor: Board of Selectmen
MOTION: To support.
(Pasquale - Colella) (4 -1) Clerk Mahana opposed.
PASSES.
Prior to voting on the above motion, Clerk Mahana questioned a
maintenance lure item in the Police Deportment's budget.
15 Appropriate and transfer from free cash $9,748 to the FY97 Police
Department budget - Police Departmental Evaluation
Sponsor: Board of Selectmen
MOTION: To support Article 15.
(Mahana - Pasquale) All in favor. PASSES.
16 To borrow or expend from available funds $843,598 as the State's share
of the cost of work under Chapter 90, Section 34 (2a) of the General
Laws;
To borrow or expend from available funds $70,303 as the State's share
of the cost of work under Chapter 90, Section 34 (2a) of the General
3
Laws
Sponsor: Board of Selectmen
MOTION: To support.
(Robinson- Pasquale) All in favor. PASSES.
17 Appropriate and transfer from free cash $16,000 for the Plymouth Street
Recreation Facility fields improvements
Sponsor: Board of Selectmen
MOTION: To support.
(Pasquale- Robinson) All in favor. PASSES.
18 Appropriate and transfer from free cash $9,500 to remove underground
fuel tanks at the old Fales Fuel Company
Sponsor: Board of Selectmen
MOTION: To support.
(Pasquale- Robinson) All in favor. PASSES.
Prior to noting on the above nrotiorn, Clerk Mahana questioned the
Tour's involvement in removal of the tanks and liability hwolning
removal of the tanks.
19 Raise and appropriate or transfer from available funds $190,355 to
increase the School Department's Operating budget
Sponsor: School Committee
NO VOTE
20 Allow Board of Selectmen to use the remaining balance of the
developers surety, $268,368.09, to complete the unfinished
improvements in Phase II of Massapoag Estates
Sponsor: Planning Board
NO VOTE
21 Accept the provisions of MGL Chapter 44 Section 53F 1/2 --
Establishment of a Water Department Enterprise Accounts effective
FY98
Sponsor: Board of Selectmen
22 Accept the provisions of MGL Chapter 44 Section 53F 1/2 --
Establishment of a Wastewater Department Enterprise Accounts
effective FY98
Sponsor: Board of Selectmen
MOTION: To establish enterprise accounts as stated in Articles
21 and 22.
(Colella- Mahana) (3 -2) Selectman Robinson and
Pasquale opposed. PASSES.
Prior to voting on the above motion, the Selectmen discussed the impact
on the town if the accounts are established, whether or not enterprise
accounts could be charged in lien of taxes, and segregation of accounts
without establishing enterprise accounts.
id
23 Amend the Zoning By -Law by adding a new section 4.2.2.1 Scheduled
Development
Sponsor: Board of Selectmen
MOTION: To approve.
(Pasquale - Robinson) All in favor. PASSES.
Prior to the Selectmen nosing on this »notion, Christopher Marion,
Assistant to the Town Manager, stated that the Planning Board noted
unanimously in favor of this article with amendments.
24 Amend the Zoning By -Law Section 4.0 Intensity Regulations, Paragraph
4.1.4 - Delete "...radio, towers, ...broadcasting and television
antennas,...and other appurtenances..."
Sponsor: Planning Board
NO VOTE
25 Amend the Zoning By -Law to add a new section 5.11 Adult
Entertaimuent Special Permit
Sponsor: Planning Board
NO VOTE
26 To amend the Zoning By -Law Section 4.0 Intensity Regulations, Section
4.8 Waterbody Setback and Wetland Protection, Paragraph 4.8.4
Wetland Protection
Sponsor: Planning Board
NO VOTE
27 Street Acceptance: Oakland Street
Sponsor: Board of Selectmen
28 Street Acceptance: Park Street
Sponsor: Board of Selectmen
29 Street Acceptance: Reservoir Street
Sponsor: Board of Selectmen
30 Street Acceptance: Spring Street
Sponsor: Board of Selectmen
MOTION: To approve Articles 27, 28, 29, and 30.
(Pasquale - Robinson) All in favor. PASSES.
31 Instruct the Board of Selectmen to keep the present railroad station at
the North Common open with adequate stops to accommodate present
parking facilities and to direct the MBTA/GATRA to build a new
regional facility off Route 140
By Petition: Robert Palanza
MOTION: Not to support.
(Mahana- Colella) 94 -0 -1) Selectman Robinson
abstained. PASSES.
E
4. Weekly Business
A. Warrant Nos. 10A & 11
• Warrant No. 10A 4610,138.82
MOTION: To approve.
(Mahana - Colella) All in favor. PASSES Clerk Mahana abstained on Voucher No.
2037, Selectman Colella abstained on Voucher No. 2238, and Chairman Madan
abstained from all Building Department items.
• Warrant No. 11- $1,920,335.28
MOTION: To approve.
(Mahana - Colella) All in favor. PASSES. Chairman Madan abstained from all
Building Department votes. Selectman Pasquale was not present for either vote on
the warrants.
B. Licenses and Permits
• Memorandum stating that the Town Manager is authorized to sign contracts for the Town of
Mansfield
MOTION: To sign.
(Mahana - Robinson) All in favor. PASSES.
• Letter to Mass Highway stating that the Town of Mansfield has granted permission for the
Rodman Ride for Kids to ride through Mansfield
Chairman Madan will sign the leller
C. Minutes of August 21, 1996
MOTION: To approve
(Mahana - Colella) (4- 0- 1)Robinson abstained. PASSES.
D. Correspondence
Action:
Resident
Letter from Sue Call and Patricia Hooper requesting permission to have a block party on
September 14 on Bella Vista Avenue from 1 pm to 8pm, with attached recommendations from the
Police and Fire Departments
MOTION: To approve.
Robinson - Pasquale (4 -0 -1) Colella abstained. PASSES.
Letter from James Bilodeau, 15 Lancashire Drive, with an attached Complaint of Barking Dogs
concerning Alladen Kennels
Consensus of the Board of Selectmen rras in favor of inviting Mr. Guy crud Mr. Bilodeau in for a
discussion.
Letter from Marianne Macdonald, 388 Gilbert Street, requesting the Selectmen direct Platinum
Construction Co. to give the abutting homeowners to the Gilbert Street bridge twenty -four hours
notice before doing any work on their property
MOTION: To request that they abide by the request of the homeowners on Gilbert Street
6
(Mahana- Pasquale) All in favor. PASSES. It was also recommended that this
vote be relayed to the Town Engineer and he forward it to the appropriate person
at Mass Highway.
Letter from Ken Butler, President, Mansfield Music and Arts Society, requesting permission to
post a sign on each of the North and South Commons announcing their outdoor Arts Festival on
Saturday, September 21, and requesting permission to use any available parking in the proximity
of the South Common on the day of the event., i.e. Town Hall and Park Row, if construction is
finished or access to the parking lot behind it is possible
MOTION: To approve.
(Mahana - Pasquale) All in favor
Ron).
PASSES (with the exception ofpco•kingatPark
Board and Committee
Letter from the Airport Commission requesting a waiver of the sign permit fee to replace a sign at
the Airport
MOTION: So moved.
(Mahana- Colella) All in favor. PASSES.
State and Local Government
Letter from Dr. Nicoletti requesting the a waiver of the water ban to allow watering the new grass
and shrubs a the Roland Green School
MOTION: To approve.
(Pasquale - Robinson) (2 -3) Selectmen Pasquale and Robinson in favor. FAILS
Letter from the Bristol County Commissioners requesting the Selectmen's position on Chapter 71
of the Acts of 1996, Creditable Service for Veterans
A consensus of the Board of Selectmen was in favor of confirming that a letter was previously
sent expressing the Selectmen's unanimous support.
Letter from Mass Highway with attached Memorandum of Agreement to use Chapter 90 funds
under Chapter 904 of the Acts of 1996
MOTION: To accept.
(Pasquale- Robinson) All in favor. PASSES.
Miscellaneous
Letter from United Nations Association of Greater Boston requesting Mansfield recognize United
Nations Day on October 24, 1996, i.e. issue a proclamation or Fly the UN Flag
MOTION: To support.
(Pasquale- Robinson) All in favor. PASSES.
Other
Resident
Letter from H. Thomas French, 20 Gilbert Street, concerning the capital building projects
Letter from Karl Clemmey and Dan Clemmey, 390 West Street, thanking Chairman Madan for
meeting with them to discuss their open air parking facility license for 875 South Main Street
Letter from Karl Clemmey, 390 West Street, concerning a generator used to power a sign at
Great Woods
7
Board and Committee
Memorandum from Andy Gazzolo, Chairman, Finance Committee, concerning Reserve Fund
Transfer No. 5, Aerial Ladder Truck
Memorandum from the Planning Board respectfully suggesting the Board of Selectmen direct
Town Counsel to establish a licensing procedure for adult entertainment
Town Manager and Staff
Memorandum from Christopher Marion, Assistant to the Town Manager, concerning the
Raymond DePillo Memorial
Memorandum from Shaun Burke, Director of Planning and Development, concerning the
Planning Board's Building Permit Cap Public Hearing
State and Local Government
Letter from Representative Kevin Poirier in response to a letter from the Selectmen concerning
growth in Mansfield's student population
Letter from Representative Hyland concerning reserve funding for Mansfield
Letter from Mass Highway informing the Selectmen that the amount of money being made
available to Mansfield for construction and reconstruction of local roads is $70,303 - -7he
Memorandum of Agreement to use these_ funds is listed on Sheet 1 of'this week's correspondence.
Miscellaneous
Letter from Don Rodman of Rodman Ride For Kids with a $500 donation to be used for any
( youth program the Selectmen choose
Selectman Pasquale recommended the donation be used to replenish recreational equipment used
during the DARE open gym Program because it was recently stolen.
5. Questions and Comments
Dan Clemmey, 65 Old Farm Road, expressed concern that over the past weekend, on
September 1, all patrons from his parking lot were directed not to walk on State property en route
to Great Woods but were directed by the Mansfield Police Department to cross five lanes of
traffic to get to Great Woods. Karl Clemmey, 390 West Street, stated that he would show the
Selectmen a video demonstrating that the land patrons were directed off of was State property.
Dan Clennney also stated that he has still not received a response from the Selectmen to his
inquiry of why his open air parking facility license was suspended this summer.
Dan Clemmey also stated that he contracted a firm to count patrons entering Great Woods on an
hourly basis and expressed concern that at one point Great Woods had 23 or 24,000 people. Mr.
Clemmey asked why Great Woods was not issued a violation by the Mansfield Police Department
for having this many people on site. Chairman Madan requested copies of Mr. Clemmey's patron
count documentation. Lastly, Mr. Clemmey questioned the fee charged to Great Woods per
event for public safety vehicles.
Karl Clemmey, 390 West Street, stated that there have been six drunk driving arrests for
persons who left Great Woods in the last year.
E
MOTION: To take a turnstile count at Great Woods
(Mahana - withdrawn)
Mr. Karl Clemmey suggested the Selectmen request a patron count from Lt. Figueredo and his
wife, as they conduct the count for Great Woods. Clerk Mahana suggested the Building
Inspector or Assistant Building Inspector conduct the count.
Robert Palanza, petitioner for Article 31 on the Special Town Meeting warrant, stated that
he would like to be sure that everyone recognizes a refi-ence to Route 140 as Route 104 in
Article 31 as a typographical error only. Mr. Palanza also questioned the Selectmen's intentions
for the downtown train station.
Ralph Penney, 336 Maple Street, commented on communication of studies during the plannign
stage of the municipal capital plan, e.g. Americans with Disabilities Act studies relative to the
central fire station offices being moved and the elevator requirement. Mr. Penney stated that he
feels the Town Manager and Fire Chief saw an opportunity to build a new fire station in West
Mansfield and took it; Mr. Penney stated that they "got caught with their hands in the cookie jar ".
Lastly, Mr. Penney questioned the accountability of Town Government with the project exceeding
the budget and asked why what the Municipal Building Committee recommended did not get
built.
Al Turinese, 63 Pleasant Street, stated that if this ever happened in private enterprise "the heads
would be rolling" (budgeting/expenditure with the Fire Station Capital Project).
6. Selectmen
( A. Old Business
Selectman Colella stated that there is a big puddle on on the right hand side of Noonan Street off
of Route 106 and he hopes drainage work is done in that area.
Selectman Colella also reaffirmed his previous request for a town -wide staff audit and stated that
money will need to be budgeted for the study.
Clerk Mahana clarified his vote not to support the police station expansion and stated that he
supports use of the $200,000 from the sale of the Paine School but that he is opposed to
requesting an additional $325,000 for the Police headquarters because all project costs (furniture)
have not been included in the motion. Clerk Mahana stated that he has not seen fisrniture stored
at the light department or at the highway department. Last night at the Municipal Building
Committee meeting, Police Chief O'Neill stated that the sanitation department issued disapproval
of cells and that he found out that the only thing disapproved was actually the electronic date
machine.
Clerk Mahana also stated that he would wait until next week to request an update on the Cable
Access Audit. Lastly, Clerk Mahana stated that he heard a rumor that when Natalie Rammel,
former police officer, went out on disability she was bought out, and Mr. Swanson, former Town
Engineer, received a "sweetheart deal" that included sick leave buy back. Clerk Mahana
requested a list of all people on the disability list for the Town of Mansfield, whether or not they
have received an exam in the last two or three years, if they have received rehabilitation treatment,
and if they could return to work on full or light duty.
9
MOTION: The Board of Selectmen adopt a policy statement that the central fire station will
regain downtown.
(Mahana - Colella) No Vote
Chairman Madan questioned the definition of "central fire station ". Clerk Mahana requested
Town Counsel's clarification of the definition
MOTION: To refer to Town Counsel for his clarification.
(Mahana -NO SECOND)
Next, Town Manager Williams responded to comments made previously this evening concerning
the municipal buildings project and his involvement in planning for the projects.
B. New Business
Selectman Colella stated that he received a call from Ed Carr of East Street, who requested two
blind driveway signs before the East Mansfield post office and past his house.
Selectman Colella also requested white arrows be painted reflecting a right turn only at the set of
lights on North Main Street coming from the train station.
7. Adjournment - 11:42 PM
MOTION: To adjourn.
(Robinson - Pasquale) All in favor. PASSES.
% Cleo is Sigtratvre Date of Approval
10