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HomeMy WebLinkAboutBOS MINUTES 4-9-1997Board of Selectmen Minutes April 9, 1997 t,� f RECFI r0 OFF 97 A,PR 28 PI1 1`03 Present: Chairman Madan, Clerk Royle, Selectmen Colella, Mahana, and Robinson* PA1. Sr H1=1 -1) SS CNUSETTS Richard Boucher, Acting Town Manager 1. The meeting was called to order at 7:30 PMfolloived by the pledge of allegiance. A. Warrant No. 42 - $594,247.54 MOTION: To approve. ( Royle- Colella) All in favor. Chairman Madan abstained from all Building Department items, and Clerk Royle abstained from Voucher Nos. 12541, 12460 and all Health Department items. PASSES. B. Minutes • Minutes of March 26, 1997 MOTION: Move to approve as written. (Boyle- Colella) All in favor. PASSES. Minutes of April 2, 1997 MOTION: To table until next meeting. ( Royle- Colella) All in favor. PASSES. C. Licenses and Permits I. Open Air Parking Facility License Renewals • Nancy McNeely, 888 South Main Street, 75 Spaces Clerk Royle read the Department Head Comments. MOTION: So moved to approve the open air parking license for Mrs. Grey McNeeley. (Colella- Robinson) All in favor. PASSES. • Acme Cleveland Corporation, 75 Chauncy Street, 172 Spaces Clerk Royle noted Department Head comments received. MOTION: So moved to approve (Boyle- Robinson) All in favor. PASSES. • 875 South Main Street Realty Trust, 875 South Main Street, 197 Spaces Clerk Royle read Department Head comments received. MOTION: Move to approve subject to payment of $5,917.29 that is owed for parking details. When that comes in the license shall be approved. (Boyle- Mahana) All in favor. PASSES. II. Discussion with Dan Clemmey concerning Open Air Parking License Fees Mr. Clemmey requested the Board of Selectmen reduce the open air parking license fee stating the only license fees greater are for liquor licenses. Mr. Clemmey argued that he is only able to use his parking facility thirty -four days out of the year and that there is no basis for the $8 per space fee. Selectmen Colella suggested a fee of $2.00 per car for the lots at 875 and 888 South Main Street and questioned why Great Woods Center for the Performing Arts cannot be charged for parking. MOTION: To table the Great Woods discussion regarding parking (Boyle- Robinson) All in favor. PASSES. Nancy Gray McNeeley, for Catherine Gray, owner of the 888 South Main Street parking area, stated at the time of the license fee increase to $8 per space she was very surprised and felt that there was an imbalance. Ms. McNeely felt a precedent was set with the previous fee of $100 for under one hundred spaces and $500 for over one hundred spaces. Karl Clemmey, 390 West Street, stated that the open air parking facility licensees were never given due process when the license fee was increased to $8 per space. Carl Nelson asked why the Selectmen charge a fee for a private parking lot and stated normally when a fee is charged it is to cover expenses caused the town. MOTION: To retain the fee of $8 per space for open air parking. (Royle -Madan for discussion) (2 -2 -1) Clerk Royle and Selectman Robinson in favor; Selectmen Colella and Mahana opposed; and Chairman Madan abstained. FAILS. Chairman Madan suggested a workshop be held on the open air parking fees. Prior to voting on the above motion, Selectman Colella suggested separate license fees for the two parking lots on South Main Street and the Acme Cleveland lot, which is open year - round. MOTION: Move for a fee of $4.00 per car with an amendment by Selectman Mahana to include no limitation on the number of parking days. (Colella- Mahana) (2 -3) Selectmen Colella and Mahana in favor. FAILS. Chairman Madan suggested the issue be tabled so that Selectman Colella could request more information on the fees from Town Counsel. Mr. Clemmey requested input from the Board of Selectmen on when police details should be required for his parking lot and the length of time required for the details. No action was taken; it was discussed that this issue is within the Police Chief s jurisdiction. III. Willowdale Golf Course Change of Manager and Change of Stockholders Clerk Royle read a memorandum from Selectmen's Secretary, Tracy Pereira, dated April 8, 1997. Documents requested by the Alcoholic Beverage Control Commission (ABCC) were not submitted by the applicant. The ABCC, therefore, returned the application to the Selectmen with no action taken. The applicant submitted the requested documents to the Selectmen, which now may be forwarded to the ABCC. As stated by the ABCC, no additional hearing is required by the Board of Selectmen. MOTION: So moved. (Robinson - Mahana) All in favor. PASSES. IV License Fees Selectman Colella reviewed license fees for establishments in town submitted by Mr. Clernmey to the Board of Selectmen and questioned the fees for liquor licenses vs. the fee charged for open air parking facilities. Y. Auctioneer Special Permit Application of Benson Associates for April 14, 1997 at 88 Chilson Avenue MOTION: Move to approve. (Boyle - Mahana) All in favor. PASSES. 2. Questions and Comments Karl Clemmey, 390 West Street, commented on statements made about the Selectmen's meeting at which the open air parking facility license fee was set at $8 per space. Peter DeTrolio, 496 Ebn Sheet, expressed displeasure with an article in the SUN CHRONICLE regarding a concert this summer at Great Woods and its anticipated sound level. Richard Morse, Ehn Sheet, inquired of a recent offer made to the Town of Mansfield to sell land in the Witch Pond Well area to the Town. Mr. Morse also commented on discussions at last week's Selectmen's meeting concerning land bank legislation. Dan McGonagel, Catherine Grey's sort in law, stated employees cars should not be included in the number of parking spaces allowed by open air parking facility licenses. Richard Devine, 6 Morgan Road, questioned the impact closure of Northeast Utilities will have on Mansfield. 3. Board and Committee Interviews A. Conservation Commission One applicant, Mark Cook, was present to interview for a vacancy on the Conservation Commission. Mr. Cook introduced himself to the Board and stated why he would like to be appointed to the Commission. MOTION: Move to appoint Mark Cook to the Conservation Commission ( Royle- Colella) (4 -0 -1) Chairman Madan abstained. PASSES. B. Plain ingBoard One applicant, Ken Torman, was present to interview for a vacancy on the Planning Board. Dr. Torman introduced himself to the Board and stated why he would like to be appointed to the Board. MOTION: Move Mr. Torman be appointed to the Planning Board. (Mahana - Colella) All in favor. PASSES. 4. 8:35 PM Teleport Communications Group Continued Public Hearing John Larch, Light Department Manager, was present for this continued hearing, as was TCG Representative, Mike Byrne, and his attorney, Doug McGair. Clerk Royle referenced comments from the Industrial Development Commission stating they cannot assess whether or not the application would be beneficial to the Town of Mansfield, based on the information received. John Larch, Light Department Manager, explained two approvals are required on this application, the grant of location by the Selectmen and an agreement between the Light Department and Teleport Communications Group (TCG). The proposal to the Light Department from TCG has increased from $2.40 per pole per year for rent to a total rent payment of $68,000. Mr. Larch cautioned that if approved, the Town will probably not receive additional similar applications and that this may be a one time deal. Board of Selectmen Questions: Members of the Board of Selectmen asked questions such as whether or not the fiber optic cables would have the capacity to carry visual cable information, if TCG would be opposed to submitting a 5% franchise fee to the Town on a yearly basis similar to the town's present cable system, whether or not the Town of Foxboro held their public hearing on TCG's application yet, whether or not the Light Department Manager recommends approval of the application, if the rental agreement has to extend for twenty years, and whether or not the applicant would agree with a rental agreement for ten years. Chairman Madan informed the applicant that the Board of Selectmen is in possession of a letter from CVI concerning other businesses in similar situations. CVI states in the letter that they are aware that no franchise fee is required of the applicant but payment of 5% of gross revenues could be required. Chairman Madan suggesting requesting Town Counsel's assistance reviewing this application. MOTION: That we postpone for one week at 8:45 PM and alert Bob Mangiaratti, Town Counsel, to review the application. (Mahana- Colella) Alt in favor. PASSES. John Larch, Light Department Manager, should be involved in discussion of the application with Town Counsel. 5. Amtrak Informational Discussion with Chris Riley and David Carol, Amtrak Representatives The discussion with Amtrak began by discussing fencing of the tracks in Mansfield and how areas to be fenced had been determined. David Carol, Vice President, Amtrak High Speed Rail Project, suggested the Board of Selectmen submit a list of suggested fencing areas to him, which Amtrak can then discuss with the MBTA. Public Comment George Johnson, Day Avenue, stated public safety should be addressed. Mr. Johnson's residence is 200 feet from the tracks. Mr. Johnson also stated that people do pass over jthe tracks in his area and asked if there is any proof that noise from the trains, as a result of the project, will not be louder. Amtrak Representative, Chris Riley, responded that Amtrak Officer Russ Hall has and will continue to be in schools to discuss track safety with students. Marianne Macdonald, Gilbert Sheet, Noise Mitigation Task Force member, noted communication problems between the MBTA and Amtrak, and requested installation of fencing in the Gilbert Street bridge area. Carl Nelson, 606 School Street, requested fencing along his property, as he has 1250 feet of frontage on the railroad bed. Mr. Nelson stated that he is a goat farmer and has had six to eight goats killed on the tracks. Mr. Nelson stated that he agrees a good part of the town needs fencing and asked if it is State Law that the right of way be fenced. Richard Devine, 6 Morgan Road, stated he feels the Board of Selectmen should be concerned with derailments in residential areas with the trains traveling at 150 miles per hour. Mr. Devine also stated impact on public safety is the issue, and the Selectmen have the right to demand fencing where there are children and set the speed limit through town. Joe Coletti, 7 Jefferson Road, inquired about the study reflecting electric trains are quieter than diesel and asked if residents should be notified when construction begins. Selectman Mahana requested a notice be placed on Mansfield's Local Cable Channel 6 requesting residents submit their requests of areas to be fenced to the Selectmen's Office. Chairman Madan asked why the Town is responsible for the cost to move its power lines across railroad tracks as well as detail costs, when this is Amtrak's project. Mr. Carol responded that an agreement had been reached between the Town and Amtrak reflecting that this would be the Town's responsibility. John Larch, Light Department Manger, questioned the agreement between the Town and Amtrak and expressed concern with the lack of communication with Amtrak regarding moving the power lines. Chairman Madan requested a copy of the agreement referenced by Amtrak. Selectman Colella stated he received a letter dated April 3, 1997 from a resident upset with the odor from a diesel train parked near the Tahana Restaurant, 60 Oakland Street. Mr. Riley requested a copy of this letter. Selectman Colella stated that from the railroad station going north, fencing is required on both sides of the tracks. A consensus of the Board of Selectmen was in favor of Selectman Colella, Acting Town Manager Boucher, and an Amtrak representative walking the tracks to discuss areas to be fenced. An unidentified resident inquired of the number of trains scheduled to go through town once the project is completed. Thirty -four Amtrak trains will be traveling through Mansfield; eight Amtrak trains presently do. Joe Coletti, Jefferson Road, inquired of the impact the increase in Amtrak's trains will have on the MBTA's trains. 6. 9:50 PM Discussion with Mark Morse, President, MMA Consulting Group • Tax bills have been sent out with an extended deadline date of May 5. This note should be placed on Cable Chainuel 6. B. Selectmen / • Special Town Meeting Petition The Board of Selectmen is in receipt of a petition for the Special Town Meeting from Dennis Clapp requesting the Town to sell a parcel of land on Cottage Street. The petition has only thirteen signatures. It was suggested that it would only be fair that the petition contain the required one hundred signatures for placement on the Special Town Meeting if others have been submitted with one hundred MOTION: So moved to require 100 signatures. (Colella - Royle) All in favor. PASSES. • Town Counsel Fees MOTION: Move to increase Town Counsel's hourly rate from $100 per hour to $115 per hour as of July 1997, as requested by Town Counsel. ( Royle- Colella) Al in favor. PASSES. 9. New Business A. Town Manager Acting Town Manager Boucher reported on the Blizzard of `97 clean up expenses, Highway Department Activity, and well status. Mr. Boucher also recognized a letter he received from a Mansfield resident, Warren Chapman, in appreciation of the Town's expediency in getting back to normal after the blizzard. B. Selectmen Selectman Colella questioned the number of chippers being used by the Department of Public Works to clean up fallen brush from the blizzard, and asked if the Light Department's chipper could be used also. Chairman Madan stated the DPW may already be using that chipper. Selectman Colella stated alot of residents have expressed concern with sidewalk plowing because it has caused damage to their properties. The resident would rather clean the sidewalks themselves. Selectman Colella also stated it has been suggested that a survey be sent out with electric bills concerning the sidewalk plows. A consensus of the Board of Selectmen was in favor of receiving a recommendation from the DPW Director, Dan Clifford. Selectmen Colella stated he has received calls that JP Noonan tankers that have been hauling out of the old freight house on North Main Street have been causing alot of dust and requested the Acting Town Manager address the issue. Clerk Royle informed the Board of Selectmen that fluoride will be injected into the public water supply in late May or early June. Once the date is firmed up the Board of Health hopes a notice to residents may be placed on water bills. Selectman Royle asked if a road and sidewalk plan is in place for 1997. Selectman Royle expressed concern with the finishing touches in the new town hall, especially with the window treatments in the Selectmen's meeting room. Acting Town Manager Boucher has been looking into sending out a request for proposals for window treatments vs. doing the work in house. Mr. Boucher is trying to resolve the issue but is not sure about funding. MOTION: To request a statement from Cable Access on which actions have been taken to ensure the proper accounting procedures are being followed, as a result of the recent audit. (Mahana- Colella) (3 -1) Selectman Royle opposed. PASSES. Chairman Madan expressed the Board of Selectmen's appreciation to Jimmy's Pub for its donation of over sixty sandwiches to the Department of Public Works during the Blizzard of `97. 10. Correspondence Action: Board and Committee Memorandum from Ronald Webster, Chairman, Fair Housing Committee, suggesting a joint review of an attached outline in follow up to their joint meeting with the Selectmen on January 15 A joint meeting should be scheduled Other: State and Local Government Executed copy of Mansfield's Municipal Recycling Grant Agreement from the Department of Environmental Protection Letter from Paul K. O'Leary, Superintendent, Southeastern Regional Vocational Technical School, with attached FY97/98 budget, dated March 25, 1997 11. Adjournment 10:44 PM MOTION: So moved to adjourn. (Colella - Royle) All in favor. PASSES. C leak's Signature Date of Approval