HomeMy WebLinkAboutBOS MINUTES 12-10-1997Board of Selectmen
Minutes a j J
December 10, 1997 j
l Present: Chairman Madan, Clerk Royle, and Selectmen Colella, Mahana, and Robinson
John D'Agostino, Town Manager 1,J r 1 S
1. The meeting was called to order at 7:30 PM followed by the pledge of
allegiance.
A. Warrant No. 24 - $4,359,268.66
Motion: So moved.
(Robinson- Royle) All in favor. Chairman Madan abstained from all
Building Department items and Voucher No. 6775; Clerk Royle abstained from all Health
Department items.
B. Minutes
• Executive Session Minutes of November 12, 1997
Motion: So moved.
(Robinson - Mahana) (3- 0- 2)Clerk Royle and Selectman Colella abstained.
Passes.
• Minutes of November 12, 1997
Motion: Move to approve.
( ( Royle- Robinson) (4 -0 -1 Colella abstained Passes.
• Minutes of November 19, 1997
Motion: Move to approve.
(Boyle- Robinson) All in favor. Passes.
C. Licenses and Permits
• 1998 License Renewals
Common Victualer:
MaRiva Inc. dba D'Angelo's
Wendy's International dba Wendy's
JEPJ Inc. dba Thana Restaurant
Motion: So moved, with the condition that all back taxes are current.
(Robinson - Colella) All in favor. Passes.
Live Entertainment Weekdays
JEPJ Inc. dba Tahana Restaurant
Motion: So moved to approve.
(Robinson - Colella) All in favor. Passes.
Open Air Parking Facility
Acme Cleveland Corporation, 75 Chauncy Street - 172 Spaces
Motion: Move to approve.
( Royle- Mahana) All in favor. Passes.
0
SERSG Contract Award for In -Place Bituminous Concrete to Bardon - Trimount,
Stoughton, MA, and Cold Planing to T. L. Edwards Inc.
Motion: So moved for the SERSG Award of In -Place Bituminous Concrete to
Bardon- Trimount, Stoughton, MA, and Cold Planing to T. L.
Edwards Inc.
(Robinson- Mahana) All in favor. Passes.
Balcom Street YMCA Mystic Club Land Amendment to the Lease
Motion: Move to approve and sign the lease agreement with the YMCA for the
Mystic Club property.
(Royle- Robinson) All in favor. Passes.
Prior to voting on the above motion, Chairman Madan stated that he noticed a junk car
parked on the Mystic Club and suggested the owner be determined and the vehicle
removed by the town.
D. Correspondence
• Resident
Letter from Karl Clemmey, 750 South Main Street, requesting to be placed on the
Selectmen's December 10 agenda to discuss general information
Letter from Denise Moore stating she believes it is within the Selectmen's authority to
meet with the Board of Health, Town Manager, and Police Chief to discuss what actions
are being taken relative to an "illegal landfill" at 46 and 50 Highland Avenue
• Board and Committee
Letter from H. Thomas French, Planning Board Chairman, in favor of the reappointment
of Thomas McShane and Kenneth Torman to the Planning Board
Letter from Sonia Walgreen, President, Council on Aging, thanking the Selectmen for
their designation of $5,500 of the Great Woods Funds to the Council on Aging
• Town Manager and Staff
Memorandum from John O. D'Agostino, Town Manager, concerning weekly agenda
sessions
• State and Local Government
Mansfield's Regional Pavement Management Report from SRPEDD
Legislative Wrap -Up for 1997 from State Representative Kevin Poirier
2. Resident Stickers
Chairman Madan announced recycling and parking stickers are available now and can be
placed on vehicles now.
3. Old Business
A. Town Manager
Town Manager John D'Agostino reported on the following:
Dan Clifford, DPW Director, and DPW completed the sidewalks at the police station.
Mr. D'Agostino met with several department heads this date to discuss and coordinate a
response to the Great Waves proposal. A response will be submitted requesting the State
classify Mansfield as an interested party, which will allow Mansfield to receive all
correspondence relative to the project.
Water ban signs have been removed, and DPW is working on development of appropriate
signage for Town Meeting.
Mr. D'Agostino is trying to ascertain ownership of the Oakland Street railroad crossing in
order that in may be repaired as requested previously by Selectman Colella.
In response to questions asked last week regarding vouchers in payment of underwear and
socks purchases, the purchases were for the Animal Control Officer, as allowed by his
union contract. The purchase of a parachute bag was to replace one owned by the
Recreation Department. Parachutes are used for child's play in the camp programs.
A Department heads meeting is scheduled for December 12.
B. Selectmen
Selectman Mahana received a letter from a resident of Foxboro concerned about
Mansfield's sewer capacity flows.
Selectmen Mahana questioned the actual amount owed by the Town of Norton for current
sewer bills, and suggested they not be given a "pay as you go" program for their bills but
that a definite time frame be instituted. Selectman Mahana also stated that Mansfield has
over $1Million in sewer charges due, including both Norton and Foxboro, and asked the
Town Manager's office to follow through on prompt payment by both Towns, and if
prompt payment is not made that a service fee be added.
Chairman Madan asked if capacity allotted to Norton could be rescinded due to their non-
payment of sewer bills. Clerk Royle suggested the Selectmen meet with Counsel in
executive session to discuss strategy. Selectman Mahana requested the Selectmen direct
money collected from both Towns back into a trust fund for the sewer plant.
Selectman Colella inquired of the status of repairing a dip in roadway at the Oakland
Street railroad crossing. Selectman Colella also suggested the $60,000 the Town received
from the State last Friday at the Scott /Goyea Property be used to purchase more
Conservation Land. Selectman Royle stated she feels directing the money into such a fund
would require a Town Meeting vote.
Selectman Colella inquired of the status of bridge painting in town.
Clerk Royle referenced a memorandum form Bob Morrison, Assistant DPW Director,
dated December 10, 1997, in which he requests permission to post "No Salt" zone signs
800 feet in either direction of the Canoe River, due to recent test results indicating
elevated levels of sodium in the East Street/Route 106 area near the Canoe River
Motion: Move to institute a Low Salt Zone 800' in either direction of the Canoe
River.
( Royle- Mahana) All in favor. Passes.
4. Discussion with Mimi Ardis and Gloria Grady re: Regional Charter School
Mimi Ardis and Gloria Grady were present, representing 12 to 15 families, to inform and
explain their recent application to the Federal Government for a Regional Charter School,
which they hope to locate in Foxboro.
Board of Selectmen Questions:
Members of the of Selectmen asked if funding for the program has changed, whether or
not approval has been granted, if the Selectmen's or School Committee's approval is
required, if Ms. Ardis and Ms. Grady would be willing to meet with the School
Committee, if a "Voucher System" would be instituted with the Charter School, and the
life of the federal funding program.
5. Discussion with Steve Grossman, Time Warner Cable re: Cable License
Amendment
Selectman Robinson excused himself from the room for this discussion.
Mr. Grossman reviewed proposed amendments to the Cable license which would eliminate
the basic tier of service in an effort to realign the channel, Channel 5 would be found on 5,
4 on 4, etc. With this amendment, eight residences would lose their free basic service.
Lou Amourso, Cable Access Board of Directors President, stated although the Cable
Access Board has not met formally, they basically support the proposed amendments.
Incentives being offered by Time Warner is a donation of $5000 to the Parks and
Recreation Department and donation of additional equipment to the schools.
Board of Selectmen Questions:
Members of the Board of Selectmen inquired of the number of Mansfield subscribers,
number of persons on free service, what would be given to subscribers eliminated from the
free service, tinting for channel realignment, why realignment of the stations affects the
free service, discounts presently provided to seniors and needy persons, possibility of
keeping persons on the free service with the realignment, cost to the homeowner for the
realignment, and the possibility of instituting a rate for persons age 70 or over.
Motion: Move to approve the memo of understanding between the Board of
Selectmen and ass Cable Vision Systems a Limited Partnership dba Time
Warner Cable.
( Royle- Mahana) (2 -2) Chairman Madan and Selectman Colella opposed.
Fails.
Prior to voting on the above motion, Chairman Madan stated he does not feel enough
effort has been put into sustaining the free service for the eight subscribers and that he
would like more information.
Motion: To reconsider after Mr. Grossman comes back with the information
requested.
( Mahana- Royle) All in favor. Passes.
Motion: To send this Redwood Regional Montessori Charter School Prospectus to
the School Committee for their comments.
( Royle- Colella) All in favor. Passes.
6. 8:50 PM Discussion with Karl Clemmey re: General Information
Mr. Clemmey began his discussion with the Selectmen stating he feels the Selectmen are
( accountable to taxpayers and that he does not like his tax dollars being spent the way
some of its being spent. Mr. Clemmey is very concerned that a workshop should be held
in order for businesses to voice their concerns and that the town should receive a fair
amount for licenses, even if the applicant states they are a non -profit agency. Mr.
Clemmey also stated that he would like Parking Regulations instituted and submitted a
copy of a letter he received from Selectmen concerning his last open air parking facility
capacity violation.
Mr. Cleminey continued expressing concern with the number of hours the Police Chief has
worked for Great Woods. Clerk Royle stated she does not feel this issue should be
discussed, especially without the Chief being present; Selectman Robinson agreed. Clerk
Royle suggested Mr-. Clenuncy present his concerns to the Town Manager. Mr. Clemmey
responded that information being reviewed was obtained by him as public documents from
the Treasurer's Office. Clerk Royle left the room. Mr. Clemmey stated that he would
take the issue up with the Town Manager.
Mr. Clemmey also stated that he is concerned that the evening of the Rage Against the
Machine concert, there was no police officer at his parking facility and he was not told
that he was sent home. Next, Mr. Clemmey stated that lie has found no reports in the
Great Woods' file about violations of their license. Lastly, Mr. Clemmey stated he is
concerned about a horse and buggy incident he was involved in with Police Officers on
Main Street and that he received no response to a letter he sent the Acting Town Manager
concerning an incident that occurred with Police Officers over this past summer.
7. New Business
A. Town Manager
Mr. D'Agostino reported that a Department Heads meeting has been scheduled for Friday
morning, which will be recorded and the minutes distributed.
Mr. D'Agostino reported that he established contact recently with MBTA officials and
will be setting up a meeting with them.
Lastly, Mr. D'Agostino stated that he will be establishing quarterly business meetings
working in coordination with the Planning Department. It is the Town Manager's intent
to have all pertinent Department Heads present at the meetings. Also, a webb page is
being developed by the Town Manger and DPW Office Manager.
B. Selectmen
Selectman Robinson inquired of the status of a request he had made previously for the
Police Chief to review a "Bus Stop" task force developed in Cambridge to see if it should
be developed in Mansfield.
Selectman Robinson requested the Selectmen's Secretary contact the Bristol County
( Selectmen's Association to ascertain the next Selectmen's Association Dinner meeting
date.
Selectman Robinson reported that one of the flags at the Middle School is in disarray and
should be replaced.
Selectman Robinson inquired of the status of installation of fencing for residences abutting
the Amtrak High Speed Rail Project.
Clerk Royle asked the Town Manager if Mansfield is paid by the Commonwealth for
state -owned land in Mansfield, and if not, why.
Selectman Colella asked how the geese at Fulton's Pond could be stopped from polluting
the water and residential property in the vicinity of the pond. Selectman Mahana added
that there is also a problem with dogs relieving themselves on the pond's banks. Town
Manager D'Agostino responded that he would have the Conservation Agent and Animal
Control Officer look into the issue.
C. Boards and Committee Appointments 1998
Board/Commission # of # of
Vacancies Applicants
Airport Commission 1 2
3 -Year Term 2001
Motion: Move to appoint Philip Finer.
(Boyle - Mahana) All in favor. Passes
Board of Assessors 1 2
3 -Year Term 2001
Motion: Move to nominate Paul Folkman
(Mahana - Royle) All in favor
Conservation Commission 2 1
4 -Year Term 2002
Motion: So moved.
( Royle- Colella) All in favor
Council on Aging 2
3 -Year Terin 2001
Motion: To appoint
(Robinson- Mahana)AII in favor.
Finance Committee 3
3 -Year Term 2001
Motion: To nominate Margie McShane
6
Applicants
Philip Finer R
George Dainis last applied 4197
Royle.
Paul Folkman R
Leonard Flynn 2
John P. Smith R
*Greg Cauldwell has not reapplied.
Gretchen Elliott R
Ed Sliney Sr.
5 Gerald St. Hilaire R
Joseph Cutillo R
Margie McShane R
Frank DelVecchio
Ellen Bloom Whitney
( Royle- Colella) All in favor. Passes.
Motion: To nominate Joseph Cutillo.
(Mahana - Cutillo) All in favor. Passes.
Motion: To nominate Ellen Bloom Whiteney
(Robinson - Royle)
Motion: To nominate Gerald St. Hilaire.
(Mahana - Colella) All in favor. Passes.
Board of Health 1 1 Raymond Martins R
3 -Year nrm 2001
Motion: So moved.
(Mahana - Colella) All in favor Clerk Royle excused herself from the
meeting for this vote.
Library Trustees 2 3 Chris Cormier Hayes R
3 -Year 'Term 2001 John Walgreen
Toe Flynn last applied 11196
*Linda Lipson will not be
reapplying
Motion: To nominate Joe Flynn
( Royle- Robinson) All in favor. Passes.
Motion: To nominate Chris Cormier Hayes
(Robinson - Colella) All in favor. Passes.
Municipal Building Committee 1 2 David Young R
5 -Year Teri 2003 Kenneth Gay last applied 7197.
Motion: To nominate Mr. Gay.
(Mahana - Royle)
Motion: To nominate Mr. Young.
(Robinson- Colella) (4 -1 Selectman Mahana opposed. Passes.
Planning Board 2 2 Kenneth Torman R
5 -Year Teri 2003 Thomas McShane R
Motion: So moved.
(Mahana - Colella) All in favor. Passes.
Recreation Commission 2 3 Bart Jackson
3 -Year Tern: 2001 Carlos Medeiros Registered to vote
since application
Raymond Martine
Selectman Mahana nominated Bart Jackson who received five votes, and Clerk Royle
nominated Carlos Medeiros, who also received five votes.
Registrar of Voters 1 1 Annette Shaw R
( 3 -Year Term 2001
Motion: So moved.
(Mahana - Colella) All in favor. Passes.
WWII Scholarship 3 3 William Flannery R
5 -Year Term 2003 Joanne Rys R
MaryAnn DeTrolio R
Motion: So moved.
(Colella- Royle) All in favor. Passes.
Zoning Board of Appeals 2 3 Donald Daniels R
3 -Year 1' nn 2001 Leonard Flynn R1
Karl Clernmey
Motion: To nominate Leonard Flynn.
( Royle- Mahana) All in favor. Passes.
Motion: To nominate Donald Daniels.
(Mahana - Robinson) Alt in favor. Passes.
8. 9:30 PM Discussion with Mr. Thomas Greene
Mr. Greene began his discussion with the Board of Selectmen explaining why he has not
been to Town Meeting for a number of years . Mr. Greene continued discussing the
following: he is troubled with the town, there are no facilities for hard of hearing persons
at meetings, the 114 % assessment on real estate is not fair, he is upset with paying for
services not received, ie although he has no children in the school system, he is taxed the
same as a person who does; he is upset with his experience with the Board of Assessors;
the Assessors interpretation of the tax laws; abuse and brainwashing by assessors; and his
suffering physically and mentally for the past months. Selectman Mahana responded to
Mr. Greene's comment that it is illegal to tax residents for public safety service and
education, etc.
9. 10:05 Adjournment
Motion: To adjourn.
( Royle- Mahana) Alt in favor. Passes.
erk's Signature Date of Approval