HomeMy WebLinkAboutBOS 3-4-1998Board of Selectmen
Minutes
March 4,1998
Present: Chairman Madan, Clerk Royle, Selectmen Colella, and Robinson
John D'Agostino, Town Manager
1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance.
A. Warrant No. 36 - $3,241, 908.85
Motion: To approve.
(Boyle- Mahana) Chairman Madan abstained from all Building Department
items, and Clerk Royle abstained from all Board of Health items. All in
favor. Passes.
B. Minutes of February 25, 1998
Motion: To approve.
(Colella - Robinson) All in favor. Passes.
C. Licenses and Permits
• Request for a Reserve Fund Transfer from the Building Department in the amount of
$2,920.45
Chairman Madan passed the gavel to Clerk Royle.
Motion: So moved to support the request.
(Robinson - Colella) (3 -0) Chairman Madan was not present for this vote.
Passes.
Letter from Warren McKay, Town of Foxboro, requesting a joint meeting of
Foxboro's and Mansfield's Boards of Water and Sewer Commissioners on either May
14 or May 21, 1998. A majority of the Board was in favor of attending a joint
meeting on May 21, which was also Foxboro's preferred date.
• Warrant for the March 16, 1998 Election and Annual Town Meeting
Motion: Move to approve and sign the warrant for the Annual Town Election and
Town Meeting.
( Royle- Robinson) All in favor. Passes
D. Correspondence
State & Local Government
Letter from School Superintendent John Moretti stating the School Committee endorsed
the resolution submitted by Northhampton and Southampton and requesting the
Selectmen's assistance to ensure that the significant growth in student population in
Mansfield is addressed
Motion: So moved to support the School Committee and Northampton's and
Southampton's resolution.
(Boyle- Robinson) All in favor. Passes.
Miscellaneous
Letter from the Mansfield Rotary Club requesting permission to have their Spring Fever
Pledge Ride travel through Mansfield on May 3, 1998 This request has been forwarded to
the Police Department for review.
Letter from VersaCare requesting a waiver of any filing and building permit fees
associated with their new building on the Compo Chemical property
Motion: So moved to waivethe Town's portion of the permit fees for Versacare.
(Robinson - Colella) (2 -0 -2) Clerk Royle and Chairman Madan abstained.
Passes.
Other
Resident
Letter from William Felske, Jr. concerning items discussed at the Selectmen's February 18
meeting —cable rates, water rates, municipally run cable, and the transfer station,
Letter from Michelle Busharis, 175 Tremont Street, with attached newspaper article re:
disguising cellar towers as trees
Board and Committee
Letter from H. Thomas French, Chairman, Planning Board, stating that the Planning
Board is unanimously opposed to any roadway proposed through the Great Woods and
suggesting a joint meeting of the Selectmen and Planning Board prior to a decision being
made on an alternate access route or traffic improvement plan
Memorandum from the Municipal Building Committee concerning the Police Station
project
State & Local Government
Information concerning Shrewsbury's Community Cablevision system
Letter from Citizen Scholarship Foundation request to place a thermometer at North
Common as a status indicator for their fund- raiser
Motion: So moved to approve the thermometer at the North Common.
(Boyle- Robinson) All in favor. Passes.
2. Questions and Comments
Bill Antoine, 450 West Street, stated an agreement involving roadway repairs with a West
Street developer fell through and asked what would be done with the roadway. Mr.
Antoine also asked if the Water Department would operate independently should
establishment of enterprise account pass at Town Meeting and requested taxpayers be
kept informed. Lastly, Mr. Antoine inquired of the amount of money Mansfield received
r ) from Time Warner Cable last year.
Motion: To refer the matter to the Town Manager in view of the fact that the
( developer that was supposed to remedy a portion of West Street has not
done so.
( Royle- Colella) All in favor. Passes.
3. 7:50 PM Bertucci's All Alcoholic License Application
Mike DeGiuseppe and Eleanor Clancy of Bertucci's Brick Oven Pizzeria, Inc. were
present for this hearing.
Clerk Royle read the public hearing notice and Department Head comments, as well as a
letter from D'Angelos expressing opposition to the application due to the impact on
parking and traffic in the area.
Public Input: None
Board Members:
Clerk Royle asked if Bertucci's had a site plan meeting to date and inquired about
employee parking. In response, Mr. DeGiuseppi stated that the parking area would be re-
striped and compact spaces added.
Motion: So moved to approve Bertucci's all alcoholic liquor license application for
Chauncy Street.
( Colella- Royle) All in favor. Passes.
4. Spring Fever Bicycle Pledge Ride
Brian McCafferty, President, Mansfield Rotary, requested the Selectmen's permission for
a Spring Fever Bicycle Pledge Ride to travel through Mansfield on Sunday, May 3, and
also for the Lions Club to hold a road race in conjunction within the industrial park.
Motion: Move to approve the spring fever bicycle pledge ride sponsored primarily
by Rotary, pending Police Department approval.
(Boyle- Robinson) All in favor. Passes.
4. 8:00 PM Discussion with Police Chief O'Neill and DPW Director Dan
Clifford regarding the Town's utilization of Flaggers
Town Manager D'Agostino stated this discussion is as a result of a previous request of
Selectwoman Royle for an explanation of Article 7 of the Town Meeting Warrant.
Passage of Article 7 would authorize the Town's use of flaggers to help control and direct
traffic at roadway construction sites. The DPW submitted the article because of the
resulting cost benefit to the Town; flaggers would be paid a much less hourly rate than
police officers are currently paid for working details.
Mr. Clifford presented the Selectmen with an informational packet outlining the reasons
for his proposal, the proposed amendment to the General By -Law allowing for the
provision for flaggers, amount of town funds spent on police details, and specifications for
flaggers.
Police Chief O'Neill stated this measure was researched, drafted, and brought forward
without notification to the Police Department. Chief O'Neill questioned numbers used by
the DPW Director reflecting town funds spent on details and radios and frequencies the
flaggers would use. Next Chief O'Neill stated the following:
• The Police Department would not yield any of its radio capacity.
• The only person who has the legal authority to stop a vehicle on Massachusetts' roads
is a police officer and firefighters at a fire scene.
• Traffic is not easily controlled.
• Police Officers have made arrests while working details; working details is an
endurance builder.
• At times, police officers have had to control contractor as well as the traffic at the
detail location.
Questions and Comments:
Town Manager D'Agostino asked under what authority crossing guards are able to stop
cars, if the Police Department would answer a call from a flagger to stop a car, and
whether or not flaggers are trained.
Members of the Board of Selectmen asked questions and made comments concerning the
following: number of serious incidents involving flaggers, number of persons that went
through barricades used for the East Mansfield sewer project, allowing the residents to
decide how they would like their money spent, whether or not using flaggers would be a
union issue, amendment of the by -law allowing the Police Chief's discretion when officers
and flaggers should be used, who would employ the flaggers, eventual union membership
for flaggers, concern with public safety, frequency availability, communication with
Norton and Easton over the radios, Police Chief's opinion of Plainville's bylaw, and the
Chief's willingness to allow use of flaggers along with officers at his desecration.
Clerk Royle asked Traffic Safety Officer Lawson if the Board of Selectmen has the
authority to reduce the speed limit on Winter Street, as it voted to at a previous meeting.
Officer Lawson responded that the Town would need to petition the State to do so. The
first step in the process would be to send a letter to Mass Highway
Motion: So moved to start the process through the Police Chief for a change in the
existing speed limit on Winter Street.
(Robinson - Royle) All in favor. Passes.
5. 9:05 PM Time Warner Cable License Amendment Public Hearing
Selectman Robinson was not present for this hearing.
Doug Whiting, Vice President of Operations, and Nick Leuci,Vice President Government
Affairs and Community Relations, were present to represent Time Warner Cable. Nick
Leuci explained his application to the Board of Selectmen. The application involved the
following:
A. Article 5, Section 5.4 of the license be clarified so as to allow Time Warner Cable the
use of two of the five existing access channels. Time Warner agrees to position two
local broadcast stations on these channels so as to place each on their actual channel
( assignment. These channel changes will occur consistent with the introduction of new
services as part of the upgrade of the Mansfield system. It is further agreed that prior
to implementation of these changes, Time Warner will provide the Selectmen with a
copy of the new channel line -up.
B. Consistent with the introduction of new services into the Town of Mansfield, Time
Warner will no longer be obligated to provide free tier of service specified in Article 4,
Section 4.5, but instead offer to the eight persons currently receiving said tier six
months of complimentary basic and standard service.
C. In consideration of the amendments, Time Warner agrees to provide to the Town of
Mansfield for its use three (3) new character generators (Magic Box, Alphagen). One
to be installed in Town Hall; one to be installed at the Public Access Studio at the
Great Woods Office Complex on Route 140, South Main Street; and one to be
installed at the Jordan Jackson School. It is agreed that said generators will be used
exclusively on the Time Warner Cable system in Mansfield.
D. For further consideration of the amendments, Time Warner agrees to provide a
Pentium computer, monitor and printer to each of the five (5) Mansfield schools and a
one -time $5,000 grant to the Mansfield Recreation Department to be used for
improvements at the Plymouth Street Playground.
( Mr. Leuci explained that although his application for amendment includes elimination of
free tier service to eight residents, the FCC will no longer allow cable companies to
provide a free service including the lowest level of tier. Residents presently receiving the
free service will receive the benefit of free basic service for six months.
Public Input
Lou Amoruso, 6 BrooksideDrive and member of Cable Access Corporation Board of
Directors, spoke in favor of Time Warner's application. Mr. Amoruso noted that the high
school discussed exchanging their computer system for a video system with Steve
Grossman, prior to his leaving the position of General Manager in the Foxboro Office.
Bill Antoine, 450 West Street, questioned the dollar amount the Town received this past
year representing 5% of Time Warner's gross revenues. Mr. Antoine also stated that he
had a problem last Saturday with Time Warner's customer service. Mr. Antoine was
unable to reach a customer service representative and only was able to speak to the
answering service. Once getting through to a customer service representative during the
following week he found no record of his call to the answering service.
Bob Dion, resident, stated when a power outage affected his system he called for service
and the technician was unable to fix the problem.
Bill Antoine, 450 West Street, stated that although lie has been using free movie coupons
he has been billed for the movies. The bills are confusing to understand.
Kathy Piusz, 3 Heather Lane, stated she is having a problem with all three of her
televisions, they either stay on and won't shut off, or they won't turn on. Ms. Piusz stated
she has not been able to work through the problem with customer service and a requested
assistance from a technician.
Bob Varley, 8 Patridge Lane, suggested Time Warner place a video on Channel 11
explaining to subscribers how to fix problems they are experiencing with their systems.
Board Questions:
Members of the Board of Selectmen commented on and asked questions concerning the
following: number of access channels, whether or not modulators should be upgraded, if
Time Warner could give consideration to rerouting surveillance camera lines at the
commuter station, what cable has done to decrease rates for seniors and residents, placing
a reminder on the bills that a senior discount exists, effect of a denial of the license
amendment request on the eight homes presently receiving free service, whether or not the
Selectmen were informed of Time Warner's social contract with the FCC during the
transfer, validity of the license, and whether or not the Selectmen were given the proper
information at the time of the transfer.
Mr. Lend stated that he would like to meet with the Town Manager to review rerouting
( the surveillance camera lines at the commuter station.
Motion: To continue the hearing to March 18 at 8:30.
(Boyle- Colella) All in favor. Passes
6. Discussion with Cable Access Board of Directors
Selectman Robinson was not present for this portion of the meeting.
Lou Amoruso, Cable Access Board of Directors, addressed the Selectmen stating a
motion made by the Board at last week's Selectmen's meeting was a violation of contract
and Town Charter.
Town Manager D'Agostino responded stating that he did discuss the following motion :
"Motion: That this year's 5% of gross receipts payment from Town
Warner, approximately $153,321, be sequestered into a special revolving
account, the Cable Access Corp. submit a budget to the Finance
Committee, and the Finance Committee disperse funds to the cable access
upon presentation of their budget. Chairman Madan stated that he world
Me the Town Manager to find out from Town Counsel if this is possible.
(Mahana- Colella) (3 -0 -1) Clerk Royle opposed. Passes.
with Town Counsel, and the payment must be given directly to cable access, the only
l thing the Board can do is change the non -profit designation.
Dr. Amoruso asked what Cable Access can do to make the Selectmen happier. Chairman
Madan responded that there should be better communication and that a Cable Advisory
Board should be established. Dr. Amoruso suggested holding quarterly meetings of Cable
Access and Selectmen.
Motion: That we set up a Cable Advisory Committee consisting of representatives
of the Selectmen, School Committee, Cable Access Board of Director,
Finance Committee, and Citizen at Large.
(Boyle- Colella)
Motion: To set up the Cable Advisory Committee consisting of five persons with at
least one representative of the Board of Selectmen and one representative
of the Cable Access Board of Directors.
( Royle- Colella) All in favor. Passes.
7. Old Business
A. Town Manager
Town Manager D'Agostino reported on the following:
• Tentative transfer station site visits have been scheduled for Saturday March 14 to
facilities in Westboro and Auborn.
• Meetings with Great Woods General Manager will begin shortly, and a public hearing
to accept input on the license has been scheduled for Wednesday, March 18, 1998.
• The Town Manager is scheduled to meet with Ron Morgan of the MBTA and Frank
Gay of Gatra regarding funding for the MBTA project. The Train Committee meeting
is still scheduled for Friday at 10:00 AM.
• Meeting with abutters to the Oakland Street rail will be held within the next few
weeks. If the Town is unable to make the repairs to the rail, it may be abandoned.
B. Selectmen
Clerk Royle asked when the Town's audit for this past fiscal year will be ready for
presentation to the Selectmen.
Selectman Colella inquired about the status of the Town's wells. Selectman Colella also
stated that he would like the remaining portion of his allocation of the Great Woods
$20,000 donation to go towards an after school program for special needs kids.
8. New Business
A. Town Manager
Town Manager D'Agostino reported on the following:
• A meeting has been scheduled with the Park and Recreation Commission on Saturday
( at 9:00 AM at Memorial Park to discuss a Memorial Park master plan. A joint
meeting of the Selectmen and Recreation Commission has been scheduled for March
17 at 6:00 PM to discuss issues relative to the Memorial Park playground.
• Air Quality Consultant Jerry Bliss was contacted relative to conducting an analysis of
the Town Hall. A cost estimate for his services should be submitted in the near future.
Each Selectmen has been provided with a revised job description for the Veterans
Agent, which is a two -part description, hopefully to be acted on at next week's
meeting.
B. Selectmen
Clerk Royle noted the Conservation Commission would like representation on the Route
495/140 Interchange subcommittee.
Chairman Madan referenced a Sun Chronicle newspaper article and commended Pat
Sheldenberg and Evan Benson, who helped an 86 year old woman by calling 911 for her
while on their newspaper route.
Motion: Move Chairman Madan present the two young men with certificates at a
Selectmen's meeting.
(Boyle- Colella)AII in favor. Passes.
9. 11:05PM Adjournment
Motion: To adjourn.
(Colella- Royle) All in favor. Passes.
Clerk's Signature Date of Approval