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HomeMy WebLinkAboutBOS MINUTES 3-18-1998Board of Selectmen Meeting March 18, 1998 Present: Chairman Madan, Clerk McCarter, and Selectmen Mahn , tRobfuomm �Ipylse 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Reorganization 1.) Town Manager D'Agostino called for nominations for Chairman. Selectman Mahana nominated Selectman Madan. Selectman Robinson nominated Selectwoman Royle. Selectman Madan nominated Selectman Robinson. Selectman Robinson received two votes; one each from Selectmen Madan and McCarter. Selectwoman Royle received two votes; one each from Selectman Robinson and Selectwoman Royle. Selectman Madan received one vote from Selectman Mahana. 2.) Town Manager D'Agostino called for a second set of nominations for Chairman. Selectman Mahana nominated Selectman Madan. Selectman Robinson nominated Selectwoman Royle. Selectwoman Royle received two votes; one each from Selectman Robinson and Selectwoman Royle. Selectman Madan received three votes, one each from Selectmen Mahana, McCarter, and Madan. 3.) Town Manager D'Agostino called for nominations for Clerk. Selectman Mahana nominated Selectman McCarter, who received a unanimous vote of support. B. Warrant 38 Motion: To approve. ( Mahana- Royle) Selectwoman Royle abstained from all Board of Health items, Chairman Madan abstained from all Building Department items, and Selectman McCarter abstained from all Recreation Commission items. Passes. C. Minutes of March 4 & 11, 1998 Motion: Move to accept. ( Mahana- Robinson) Chairman Madan abstained from the minutes of March 11, 1998, and Clerk McCarter abstained on both. Passes. i D. Licenses and Permits Application for a Reserve Fund Transfer Request in the amount of $62,000 to complete the police station renovation project. Motion: So moved. (Robinson - Royle) All in favor. Passes. E. Correspondence Action State and Local Government Letter from the Executive Office of Administration and Finance Division of Capital Planning and Operations (DCPO) notifying the Selectmen that the DCPO proposes to sell and significantly change the use of approximately one and fifty -five hundredths (1.55) acres of surplus State -Owned land located within Mansfield at the southeast corner of the Rt 106/140 intersection. -- The DCPO is also requesting the Selectmen agree to reduce the 120 day notification period required prior to any sale or significant change in use of one or more acres of real property owned by the Commonwealth located in Mansfield to sixty days. Motion: So moved. (Mahana- McCarter) All in favor. Passes. Other Resident Fax from Marianne Kinney with a copy of a Letter to the Editor concerning fencing the northeast corridor. Ms. Kinney requests the Selectmen encourage residents to write to Representative Sullivan in support of House Bill No. 4304, Chapter 160A, Railroad Safety and Environmental Protection Act Motion: The Selectmen send a letter to Senator Keating regarding our support for fencing the entire length of track in Mansfield (Mahana- Royle) All in favor. Passes. Fax from Marianne Kinney with a copy of a Letter to the Editor concerning the proposed Attleboro by -pass Letter from Christine Butler, 136 Rumford Avenue, with enclosed Letter to the Editor congratulating and thanking the Selectmen for authorizing the new signs at Fulton Pond stating "Please Do Not Feed the Ducks and Geese" Letter from Frank J. Bennett, 54 Balcom Street, expressing dissatisfaction with Time Warner's customer service and supporting the Selectmen's bringing in competition or breaking the contract with Time Warner Town Manager and Staff Memorandum from John D'Agostino, Town Manager, stating a joint Planning Board/Board of Selectmen workshop is scheduled for Tuesday, March 17, 1998, at 7:00 PM, to discuss the Route 495/140 Interchange Memorandum from John D'Agostino, Town Manager, stating a Route 495/140 Interchange Subcommittee meeting has been scheduled for Monday, March 30, 1998, at 7:00 PM Memorandum to the Board of Selectmen from Town Manager D'Agostino concerning a meeting he had with Ed Tarmfo regarding additional multi - purpose fields at the Memorial Park playground Memorandum from Beatrice Kearney designating Pat Metrano Acting Town Accountant from March 16 to March 18 while attending an educational program State and Local Government Letter from Garth Patterson, Office Manager, Office of Congressman Barney Frank, stating the Attleboro Task Force completed its agenda and suggesting, at the recommendation of Transportation Secretary Patrick Moynihan, Mansfield contact the MBTA regarding the rail safety program Miscellaneous Letter from Jay Barrows, Downtown Business Association, requesting to be placed on the Selectmen's agenda to discuss placing a protected left turn at the intersection of Chauncy and North Main Streets This is on the March 25 agenda at 8:00 PM. Letter from Doug Whiting, Time Warner Cable, advising the Selectmen as of April 1, the l monthly fee collected and paid to the FCC for administration of cable television will increase from $.04 to $.05. The FCC fee will return to $.04 beginning October 1, 1998. Letter from Nick Leuci, Vice President Government and Community Relations, with license fee payment of $3,149.00 and payment in the amount of $153,321.87, representing 5% of gross revenues received for the preceding calendar year Letter from Doug Whiting, Time Warner Cable, with the following information enclosed: billing practice notice, work order, sample subscriber bill, and copies of programming services, rates, and charges 2. Questions and Comments Tim Hernon, Leonard Circle, stated a couple of weeks ago he filed an application to use the Plymouth Street fields for eight weeks for soccer and was turned down last night by the Commission. Motion: That we direct the Town Manager to direct the Recreation Direct to allow this gentlemen the use of the fields for two hours on Sunday morning subject to availability. (Mahana- No Second) Mr. D'Agostino will meet with the Recreation Commission to discuss the issue. 3. 8:05 PM Great Woods Entertainment License Informational Public Hearing Bruce Montgomery, General Manager, Great Woods, was present for the hearing. Peter DeTrolio, 496 Elm Street, suggested the Selectmen take actions to stop the noise from Great Woods from invading his house. Robert Lynch, South Main Street, stated Great Woods has spent thousands of dollars in an attempt to improve their sound system and provides many summer jobs for youngsters. Mr. Lynch referred to Great Woods as "Camp Great Woods ". Frank D'Ambra, 510 South Main Street, asked if the Board has the right to approve or disapprove acts before they are announced, what monetary penalty is placed upon Great Woods for exceeding their curfew, suggested a clause be added into performers' contracts giving Great Woods authorization to curtail their noise level, asked what the maximum dB level is for the theater, who monitors noise levels at the concerts, suggested an outside party should take a look at the sound monitor, and asked if provision would be made for a penalty should Great Woods not lower their dB levels within a certain amount of time. Dan Clemmey, asked if the hearing was to renew the license, if the new facility owners should be checked out, if the application is for a new entertainment license or a renewal, suggested that strong announcements be made that Mansfield is not a "tailgate" community, requested traffic management be addressed, and suggested sanitary facilities in the parking areas should be addressed. Michelle Madan, 30 Winthrop Avenue, stated that she would not want her kids to go to "Camp Great Woods" and that employees driving golf courts on the sidewalks and drinking and urinating in the parking lot need to be addressed. Dan Clemmey suggested a reference to Great Woods' water usage should be incorporated into the regulations, stated Great Woods' sister theater in Boston pays a license fee of $100 per show; suggested the number of convictions for drunk driving coming out of Great Woods she be looked at, questioned Police Department fees, and asked if a fee is charged for time spent reviewing the license prior to the facility's opening. Rick Skelly, 27 NelsonWay, sated he feels Great Woods is a good neighbor for the town. Mr. Skelly also questioned if imposition of hefty fines on curfew violations would result in a decision - making problem for the manager and public safety problem for the town. Bruce Montgomery, General Manager, addressed several of the public's comments. Board of Selectmen Questions Members of the Board of Selectmen asked if the Town has ever hired a consultant to evaluate the sound monitoring system, if Great Woods still has trucks visiting neighborhoods monitoring the sound level, and what is done when and if performers exceed the maximum dB level. The Board of Selectmen took a five - minute recess at this time. 4. 9:00 PM Time Warner License Amendment Continued Public Hearing Selectman Robinson was not present for this hearing. Nick Leuci, Vice President of Government Affairs and Community Relations, and Doug Whiting, Time Warner's Foxboro Officer, were present for this hearing. Nick Leuci addressed the Board stating, as requested, Time Warner reviewed rerouting the surveillance camera wires at the commuter station and discovered two potential routes. Mr. Leuci stated if the Town receives permission to attach wires to the bridge, Time Warner will reroute the lines. Mr. D'Agostino stated the subject matter will be addressed at an upcoming joint MBTA/Gatra meeting. Mansfield will need permission from both the MBTA and Mass Highway before proceeding. Nick Leuci, also stated, as a result of the Selectmen's placing great emphasis on the discount to seniors, the discount will be given to seniors living in the subsidized housing on Park Street, Bicentennial Court, and Cedar Park. Time Warner would be more than happy to provide the discount without the seniors having to contact them in the above - specified areas. Board of Selectmen Questions: Members of the Board of Selectmen asked questions such as why the discount could not be provided to all seniors and if Time Warner would be willing to extend the free tier of basic to the eight residences for one year rather than the six months originally offered. Mr. Whiting agreed to extend the offer for one year. Motion: To support Time Warner's application to draft an amendment for Town Counsel's review prior to the Selectmen's signature. (Boyle- Mahana) All in favor. Passes. 5. Old Business A. Town Manager Town Manager D'Agostino reported the following: • Transfer station site visits are scheduled for March 23 in the afternoon. Selectwoman Royle questioned why visits are not being made to stations of a comparable size to the one being proposed by the Manager. • The Personnel Policy Review Committee is completing its task and is in the process of developing a review process for performance, which will be part of the policy. It has been suggested that any policy approved by the Selectmen should be followed by vote of Town Meeting in order to sustain policy continuity. Members of the Selectmen questioned the need for a Town Meeting vote and suggested if a Town Meeting vote is sought a by -law should be brought forward for a vote not a policy. Selectman Mahana suggested adding a clause to the policy allowing provision for grieving any changes to the policy. A meeting was held this date with Oakland Street railroad crossing abutters. An on- site meeting with abutters will be held in two weeks to review options for repairing the crossing. A meeting with Ron Morgan of the MBTA is scheduled for Thursday. An architect /planner will be hired to design a new station and will commence with three design charets in about two weeks. Mr. D'Agostino stated that under no circumstances, are any issues raised in the newspaper relative to the station etched in stone. Once the design charets have been completed they will be brought before the Selectmen for review. Selectman Robinson asked if the designs would include bus terminals and stated that lie does not want to move forward with project too big with the MBTA. Selectwoman Royle stated she would like to meet with the Planning Board before moving forward with the commuter station plans and that the Town Manager should take some kind of direction from the Selectmen on their feelings for the project. Selectman Robinson noted that he is reluctant to deal with Gatra because of their failure to reimburse the Town for surveillance cameras at the station as they had previously promised. Town Manager D'Agostino asked what other alternatives the Selectmen have resulting in a train station being built if this option does not work. Selectman Robinson stated he does not want to be a regional capital for train stations. Selectwoman Royle stated that she is uncomfortable with the Manager's statements that Bonanza Bus will come to Mansfield with the project. Selectman Mahana stated he would feel comfortable with parameters being set up for the Manager such as revitalizing the parking lot, construction of a granite building with shops /restaurants, good ingress and egress, review of the impact of Bonanza stopping at the station and leaving, and a proposed bus route. Selectwoman Royle suggested consideration should be given for the noise factor for the busses and maximum allowed number of spaces at the station. Selectman Robinson stated it should be kept in mind that many federally and state owned buses are operated under other names and if Mansfield uses federal or state money for the project, we may haven to allow their usage of the station as well. Selectman Mahana asked if Mr. Ditchman's plan for a commuter station is still being reviewed. • An Ethics Commission Workshop has been scheduled for Thursday, March 26, from 7 -9PM in the Town Hail. The Town of Norton will be submitting a payment of $150,000 on its outstanding sewer obligation by March 27. • Meetings are ongoing with Great Woods General Manager Bruce Montgomery and ( will continue until an agreement is reached. B. Selectmen • Selectman Robinson requested the Town update the Affirmative Action to reflect changes made by the Commonwealth. Selectman Mahana suggested the plan should be incorporated into the Personnel Policy. • Selectwoman Royle inquired about the status creating fields on the Ryan property located on Pine Street and suggested the Corp of Engineers may be able to provide assistance with developing the fields. Selectman Robinson suggested the Manager may want to check with the Army Reserve Office in Attleboro or a Ft. Devens Office to seek assistance. • Selectwoman Royle asked if a response was ever received from St. Mary's Church to the Town's land purchase inquiry. • Selectwoman Royle stated that she hopes the water leaks on Charles Street, Franklin Street, and Green Acres Road are in fact only drips. Selectwoman Royle requested a joint meeting with the Finance Committee and School Committee to discuss the budget before Town Meeting. Selectwoman Royle also asked if the Town Manager ever wrote to the Division of Fisheries and Wildlife on how to deal with the geese problem at Fulton's Pond. • Chairman Madan suggested, in light of a previous opinion from Town Counsel stating an elected official cannot also sit on an appointed Board, such as the Cable Advisory Committee, the Selectmen advertise for a citizen -at -large to participate on the Cable Advisory Committee. • Selectman McCarter read a memorandum from Steve Bishop, Water Department, recognizing all DPW Employees who attended the funerals of the Attleboro explosion victims who were also Attleboro DPW employees. • Chairman Madan announced the Town Manager reception is scheduled for tomorrow evening at 7:30 PM. 6. New Business A. Town Manager Town Manager D'Agostino reported on the following: • The Town Engineer and Wastewater Treatment Plant Manager met with Foxboro officials and have identified heavy rain to be an inflow and infiltration problem in Foxboro. • Contracts have been signed for inflow and infiltration abatement in Mansfield. • A Selectmen's representative should be appointed to Capital Improvements to replace ( Mr. Colella. Motion: To appoint David McCarter. ( Royle- Mahana) All in favor. Passes. B. Selectmen • Selectman Robinson suggested the Town purchase new election and Town Meeting signs stating the actual date of the election and or meeting. • Chairman Madan stated that the Finance Committee has advised him that they have a member that has missed a number of meetings and requested the Selectmen's assistance. Motion: To send a letter to the member reminding him of the policy. (Boyle- McCarter) All in favor. Passes Motion: So moved to intend to layout the following streets on March 25 at 8:15 PM proposed for acceptance at Town Meeting: Mystic Lane, Cooper Road Extension, Sadie's Way, Monahan Lane, Corbane Drive, Carlow Crossing, North White Pine Lane, Shawmut Avenue Extension, Cedar Ridge Road, Cottage Street Extension, Patty's Road, Jean Road, and Elyse Road. (Robinson - Royle) All in favor. Passes. • Clerk McCarter asked how far away the Town is from achieving a balanced budget, and Selectwoman Royle questioned the effect debt has on the operating budget. • Selectman Mahana asked, in reference to a process started by the Town Engineer in an effort to recapture streets not accepted over the years, if all streets been accepted that should be so the Town can maximize any Chapter 90 funds. 7. 10:40 PM Adjournment Motion: So moved to adjourn. (Mahana- Royle) All in favor. Passes. - 3 -2S -9� Cler s Signature Date of Approval I