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HomeMy WebLinkAboutBOS MINUTES 9-3-1997Board of Selectmen Minutes September 3, 1997 Present: Acting Chairman Royle, Acting Clerk Colella, and Selectmen Mahana and Robinson Acting Town Manager Richard Boucher 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant Nos. 9 & 10 Warrant No. 9 - $911,833.66 Motion: So moved. (Mahana - Colella) All in favor. Acting Chairman Royle abstained from Health Department items. PASSES. Warrant No. 10 - $1,606,014.25 Motion: So moved. (Mahana - Robinson) All in favor. Acting Chairman Royle abstained from all Health Department items. Selectman Colella abstained from Voucher No. 1834 in the amount of $44.59. PASSES. B. Minutes of August 20, 1997 Motion: So moved. (Robinson - Mahana) All in favor. PASSES. C. Licenses and Permits Drainlayers license application of P. Beatty Excavating with a positive recommendation from the Town Engineer Motion: So moved. (Mahana - Robinson) All in favor. PASSES. Drainlayers license application of Brunelle Contracting with a positive recormnendation from the Town Engineer Motion: So moved. (Mahana- Colella) All in favor. PASSES. D. Correspondence Action Resident Letter from Karen Sachs, 100 Pleasant Street, requesting "Slow Children" signs be ( installed on Pleasant Sheet near the intersection of Clinton Sheet and Newton Street has been forrnarded to Police for comments Motion: To approve pending Police approval. (Mahana - Colella) All in favor. PASSES. Letter from Susan Jenkins, Comod Court, with attached petition requesting the Selectmen and other appropriate persons review the need for a sidewalk on a small section of East Sheet, from its intersection of Rt. 106/Eastman Sheet to 961 East Sheet. has been forwarded to Town Engineer and DPW Director for comments Torun Manager and Staff Request from Leslie Pasch, Library Director, for a waiver of the Town's portion of the mechanical fee for the Library's new boiler Motion: So moved to waive the Town's portion of the mechanical permit for the library's new boiler. (Mahana - Colella) All in favor. PASSES. Request from Judy Scott, Town Clerk, that the Board consider moving the bell and the clock from the former Town Hall to the new Town Hall Motion: So moved to move the bell and the clock from the former Town Hall to the new Town Hall. (Colella- Mahana) All in favor. PASSES. Invitation from Stop & Shop to be on site at thew Food for Friends drive on September 13; request for the Selectmen to issue a proclamation and a challenge /competition among local organizations to get involved; and request the Selectmen make a pledge for Mansfield to join the fight against hunger Motion: So moved on the request of Stop & Shop to issue a proclamation. (Colella- Mahana) All in favor. PASSES. Memorandum from William August, Esq. regarding proposed Legislation to allow cable operators to elect license renewal by the Department of Public Utilities and suggesting the Selectmen submit appropriate responses to the legislation as soon as possible by contacting the Governor's Office and Executive Office of Consumer Affairs and Business Regulations Motion: That we send the Governor and Executive Office of Consumer Affairs and Business Regulations a letter opposing the transfer of the licensing to the Department of Public Utilities, which will result in a loss of 5% of the revenues the Town receives from CVI. Mass Municipal Association has also asked the Town oppose the bill. (Mahana - Robinson) All in favor. PASSES. Other Resident Letter from Margaret and Richard Arieta, 120 Otis Street, requesting Amtrak install fencing along Otis Sheet Amtrak has a copy of this letter Letter from Dr. & Mrs. Kinney suggesting Amtrak install fencing throughout Mansfield Amtrak has a copy of this letter State and Local Government Letter from the Massachusetts State Emergency Response Commission to the Board of Selectmen concerning the certification process for Local Emergency Planning Cormnittees Letter from Senator Keating stating that he has been contacted by several constituents concerning the reopening of the Gilbert Sheet bridge Miscellaneous Release Abatement Measure Plan for the ISPO Inc. Facility Letter from Steve Grossman, CVI Industries stating beginning September 3, CVI will begin splicing the new cable television system Great Woods Sound Reports 2. Questions and Comments - None 3. Old Business A. Town Manager Mr. Boucher informed the Selectmen of the results on the sale of the four Balcom Ridge lots. There were ten bidders, one bidder was disqualified because of submitting unsealed bid. Mr. Boucher recommends the Selectmen accept the high bids on Lots 406 and 407 and suggested the Selectmen rebid Lots 98 and 408 ( because no bids were received for 98 and only one was received for 408. Motion: So moved to accept the bids on Lots 406 and 407 from Ivh•. Rosemark, $83,501; and Mr. Sampson, $77,750 respectively. (Mahana - Colella) All in favor. PASSES. Motion: To reject bids received for Lots 408 and 98 and rebid both. (Mahana - Colella) All in favor. PASSES. The Building Inspector has suggested the Selectmen waive the towns portion of the inspection fee for the Fisher Richardson House. Motion: So moved. (Mahana- Colella) All in favor. PASSES Lastly, Acting Manager Boucher informed the Selectmen that he and Selectman Colella walked the tracks with Amtrak representative Chris Riley. Mr. Boucher requested Mr. Riley investigate the cost to fence all of the tracks in Mansfield. It was also suggested Amtrak, MBTA, and the Town may be able to fund installation of fencing throughout Mansfield jointly. 3. 8:52 Great Woods Curfew Violation Hearing ( Bruce Montgomery, General Manager of Great Woods, his attorney, Floyd Anderson, and Town Counsel Robert Mangiaratti were present for this hearing. Acting Chairman Royle read the hearing notification sent to Mr. Montgomery and a report of an August 8 curfew violation from Lt. Crickard. Mr. Montgomery reviewed the August 8 incident stating in an attempt to end the concert, at 11:03 or 11:04 PM all house lights were tinned off and at 11:05 PM the public address system was tinned off. The following evening, the same performers ended twenty minutes early. Board of Selectmen Questions: Selectmen questioned why bands supply their own speakers and if any noise complaints were received on August 8. Bruce Montgomery summarized the events that occurred on August 21 leading up to the curfew violation that date. The concert was sold out; no beer would be sold at the concert. At 2PM there was a question of whether or not Rage Against the Machine would be performing that evening. At 4PM a decision was made by the lead singer's doctor that he should not and would not be performing that evening. Measures were taken to clear Great Woods parking lot of patrons and turn away other's on their way. At 5PM the lead singer for Range Against the Machine announced that he would be performing and was on his way. No indication was given on what time the artist would be arriving. At 7 PM, again there was a question of the artist's arrival. The concert began at 6:58 PM with the facility entirely full by 8PM. The first performer concluded at 7:35 PM. A that time, it was realized that the second and third acts would be late, and Mr. Montgomery made the decision, with public safety in mind, to continue the event. The concert ended at 1:05 AM. Lastly, Mr. Montgomery stated a representative of Rage Against the Machine is willing to make a $10,000 contribution to a charity in Town as is Great Woods. Board of Selectmen Questions and Comments: Members of the Selectmen questioned whether or not sound complaints were received that evening and expressed concern with the amount of time spent on Great Woods each week, consistency of penalties issued with license violations, cancellation of the show between 4PM and 5PM, excluding Rage Against the Machine from next year's concert schedule, and reduction of the sound level during the late hours of August 21. Also discussed was the lack of provision for a fine within Great Woods entertainment license regulations, penalties provided in Barnstable's and Cohasset's license regulations, incorporation of penalties similar to Barnstable's and Cohasset's into Great Woods' regulations with Town Counsel's assistance, and excluding Rage Against the Machine from the concert schedule for the next five or six years until they have a proven hack record. At Acting Chairman Royle's request, Chief O'Neill gave a synopsis of the events occurring on August 21 from a public safety point of view. In addition to himself, two Lieutenants, and a Police Dog, a twenty -five officer detail was on site. Chief O'Neill stated after the show had been canceled, Rage Against the Machine's lead singer made a radio announcement, cutting into the Patriot's game, that the concert would go on. Chief O'Neill stated he felt he had to prevent a situation where the officers and attendees would be injured if the patrons were sent away prior to the artists arrival and performance. Motion: To accept the two donations in lieu of a penalty. (Mahana- Robinson) (3 -1) Robinson opposed. Colella was in favor of the motion but was not happy with the donation amount. PASSES. Town Counsel Robert Mangiaratti explained the Selectmen's only options outlined in Great Woods' Rules and Regulations are to either suspend, modify, or revoke the entertainment license; no provision is made for fines. Motion: We strongly urge Great Woods management not to book Rage Against the Machine for the next season. (Mahana - Colella) Amendment: That Great Woods monitor Rage Against the Machine's Acting Ctainnan Royce pei forniances in other vemtes for- 1998. Amendment: Rage Against the Machine's peiformances shall be monitored Selectman Robinson for three years. (Mahana - Colella) (2 -2) Selectmen Colella and Robinson in favor. FAILS. Motion: We not approve Rage Against the Machine for the upcoming 1998 season and that they be monitored in 1998 in the other venues they are performing in. (Mahana -Royle passed the gavel to Robinson) (3 -1) Robinson opposed. PASSES. Public Comments Peter Detrolio, Elm Sheet, expressed disappointment that the Board voted prior to public input. Bill Judge, Norton, stated that he has stopped calling Great Woods about the noise level because his calls do not make a difference. Marie Brooks, Norton Estates, stated she has asked for years for Great Woods' noise to be tuned down to a livable level. Ms. Brooks also suggested someone with a knowledge of the performers should review next year's performance list prior to approval. Jay Creedon, 648 South Main Sheet, suggested the Selectmen encourage Great Woods and the Police Chief to come up with plan of what can be done in the future should a similar incident occur. Mr. Creedon also stated he feels Great Woods could have gotten the message out that the concert had been canceled. Judy O'Brien, Mansfield teacher of 20 years, Norton Estates resident, and Great Woods employee, stated she feels that the decision made by Great Woods was a good decision. Acting Chairman Royle closed the hearing at 9:15 PM. 4. Five Minute Recess 5. 9:27 PM - 888 South Main Street Open Air Parking Facility Capacity Violation Hearing Nancy McNeeley, for Catherine Gray, facility owner, and Dan McDonegal were present for this hearing. Acting Chairman Royle read the hearing notification sent to Ms. McNeeley and referenced four memoranda from the Police Department citing parking facility capacity violations at 888 South Main Sheet. Board of Selectmen Questions and Comments: Ms. McNeely was asked why her license was violated. Ms. McNeely responded that it was unintentional and apologized. Acting Chairman Royle cited Massachusetts General Laws Chapter 148 Section 56 which allows a maximum one hundred dollar fine for violations of open air parking facility license regulations. Selectman Mahana recommended a review of the open air regulations and suggested the Police Chief propose either no further expansions or no additional satellite parking lots at the upcoming Town Meeting. Motion: To issue a letter of reprimand and move forward. If this happens again there will be a $100 fine for each violation. (Robinson- Mahana) All in favor passes. At 9:40 PM, Acting Chairman Royle closed the hearing. 6. 9:40 PM - 875 South Main Street Open Air Parking Facility Capacity Violation Hearing. Dan Clemmey, facility owner, and his attorney, Ed Woods, were present for this hearing. Acting Chairman Royle read the hearing notification sent to Mr. Clemmey as well as three memoranda from the Police Department citing capacity violations at 875 South Main Street. Mr. Clemmey questioned the method used to count the cars and apologized for the violations. Police Chief O'Neill requested Town Counsel review and interpret a letter from the Executive Office of Environmental Affairs dated July 24 and questioned if it is clearance for 400 parking spaces. Police Chief O'Neill also questioned the curb cut permit for the site referencing a letter from Mass Highway dated July 14. Selectmen requested Mass Highway be contacted by the Town Manger and a copy of the letter granting the curb cut permit to Mr. Clemmey be requested. Police Chief O'Neill stated he has no knowledge of a traffic management plan being done by Mass Highway in the vicinity of Mr. Clermney's open air lot and stated if a plan was done the local Police Department's input should have been sought. Motion: That we take no action and issue a letter of reprimand. (Colella- Mahana) All in favor. PASSES. 7. Old Business A. Selectmen Selectman Mahana requested a copy of the letter the Selectmen will be sending to the Governor's Office concerning cable licensing also be sent to the legislators. Selectmen Mahana also asked questions and made comments concerning the following: • The Fisher Richardson house inspection has been delayed and is a matter of liability. • Status of computer interconnections between the Electric Department and the Town. o The spacing between the fencing and air conditioning unit is not correct and the unit should not be accepted. e Status of staining the fence in back of the Town Hall, as stated in the specifications. • Status of flooding on first floor and the roof leak in the Town Hall. • Status of the Norton sewer bill. • Status of $345,000 Foxboro owes Mansfield. • Water and Sewer enterprise accounts should be established. Council on Aging Director, Gale Farrugia, should be commended for receiving a grant for a Grandparents Support Group. Selectman Robinson inquired of the status of Branch Sheet driveways stating that a number still need patching. Acting Chairman Royle stated she hopes to have a main computer person in the Town's budget. Selectman Mahana suggested creation of a volunteer position. ( Acting Chairman Royle also suggested as a result of the flood in the Town Hall, the fast floor rugs should be torn up and the glue removed. Acting Chairman Royle also stated she is very concerned about Town Hall flooding and where the ground was cut to place the basement on grade. The Selectmen should be invited to the Municipal Building Committee's meeting at which this is discussed. 8. New Business A. Town Manager Acting Manager Boucher referenced a memorandum from the Town Clerk with suggested Special Town Meeting dates. The date will be set at next week's meeting. Acting Manager Boucher referenced a memorandum from Assistant DPW Director Robert Morrison suggesting relaxing the water ban and noted highlights. A consensus of the Board of Selectmen requested more concise and uniform restrictions. B. Selectmen Motion: To send the MBTA a letter requesting they start working diligently with Amtrak to see about fencing the tracks in Mansfield since the MBTA is the real estate owner. (Robinson - Colella) All in favor. PASSES. Selectman Colella stated the driveway at 17 Shawmut Avenue needs to be patched as a result of roadway construction. All of Shawmut Avenue should be reviewed. Selectman Colella requested a letter be sent to Amtrak requesting all railroad bridges in Town be painted. Selectman Colella stated he, Selectman Mahana, Dan Clifford, and Mike Ahern visited projects in Town last week and complimented lvh•. Clifford on all the work he has been doing. Selectman suggested renting fields at Plymouth Sheet to the National Football League for pre - season practice to get more revenue. Selectman Colella requested the Town Manager review whether additional money exists to increase the number of days the council on aging senior's bus is available. Selectman Colella requested the restricted parking area at the Somoset Avenue/North Main Sheet intersection be extended. Acting Chairman Royle noted a memorandum from Robert Morrison stating we currently have two signatures from the Army Corp. of Engineers for the Ash Property and that we need three more. Selectman Mahana requested this information be sent to Congressmen Frank and McGovern. Acting Chairman Royle announced that one Town Manager candidate withdrew his name for consideration and has been replaced with Warren Ruthorford. Acting Chairman Royle inquired about a memorandum fi•om Assistant DPW Director Robert Morrison to Acting Manager Boucher concerning the Omni Point lease. 9. Adjournment 10:45 PM Motion: So moved to adjourn. (Colella- Robinson) All in favor. PASSES. r" Clerk's Signature Date ofAppronal