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HomeMy WebLinkAboutBOS MINUTES 3-25-1998Board of Selectmen Minutes March 25,1998 Present: Chairman Madan, Clerk McCarter, and Selectmen Mahana, Robinson, and Royle John D'Agostino, Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Moment of Silence Selectman Robinson requested a moment of silence to pay respect to the Arkansas shooting victims. B. Warrant No. 39 - $741,788.19 Motion: To approve. ( Royle- Robinson) All in favor. Chairman Madan abstained from all Building Department items; Selectwoman Royle abstained from all Board of Health items, and Clerk McCarter abstained from all Recreation items. Passes. C. Release of Executive Session Minutes Motion: To release the executive session minutes of May 14, 1997, March 5, 1997, January 2, 1997, December 18, 1996, December 11, 1996, October 23, 1996, September 4, 1996, May 15, 1996, and October 25, 1995. (Robinson - Mahana) (3 -0 -2) Clerk McCarter and Selectwoman Roylc abstained. Passes. D. Licenses and Permits • Application of the Town Manager for a Reserve Fund Transfer in the amount o $13,252 to his Legal Expense line item Motion: So moved. ( Mahana- McCarter) All in favor. Passes. • Application of Emergency Management for a Reserve Fund Transfer in the amount of $450 Motion: So moved. ( Mahana- Royle) All in favor. Passes. E. Correspondence Action: Town Manager and Staff Memorandum from Town Manager John D'Agostino concerning Foxboro Billing for Sludge Compost Facility asking if it is the Board's wish to increase the interest rate beyond the captured lost interest \\MANSFIELDXSYS \TLP \h4M2598.doc Page 1 of 7 Motion: That we charge the going interest rate for our money that we are loaning to Foxboro and Norton, if needed, with a 1% additional charge. (Boyle- Mahana) All in favor. Passes. Miscellaneous Letter from Robin McDonald and F. Jay Barrows, Hockomock YMCA, requesting the Selectmen consider assisting the YMCA in the form of materials and labor to pave the Mystic Club lot and requesting to speak with the Selectmen in the near future regarding the next steps in permanent improvements to the town's property Selectivoman Royle requested a cost estimate from the DPW Director for paving. Other: Resident Letter from Brendan Holt, 35 Old Elm Street, with attached letter to Leonard Flynn of the Natural Resources Trust, regarding hunting in the woods between Old Elm Street and the Plymouth Street fields Board and Committees Memorandum from the Municipal Building Committee stating Richard Feeley is now the MBC Chairman; James Liddick is Clerk, and William Moore is still the Committee's representative on Capital Improvements Letter from Scott A. Frank, Planning Board member, discussing a possibility of an appearance of a conflict of interest related to his duties as a member of the Planning Board Town Manager and Staff Memorandum from John D'Agostino, Town Manager, regarding awarding of the waste collection, weekly recycling, and trash hauling contract to NEED, Inc. Memorandum from John D'Agostino, Town Manager, concerning tipping fees based on the latest bid by NEED, Inc. Memorandum from John D'Agostino, Town Manager, stating a meeting has been scheduled with the Municipal Building Committee for March 18 at 7:00 PM to discuss a Reserve Fund Transfer Request Memorandum from John D'Agostino, Town Manager, concerning cost savings associated with an agreement to pay for police details at straight time verses the normal detail rate State and Local Government Letter from Attleboro Mayor, Judith Robbins, thanking Mansfield for the many official and unofficial expressions of concern and sympathy extended to the City of Attleboro following the tragic explosion and fire on March 4 \\ MANSFIELD\SYS \1LP\NM4\32598.doc Page 2 of Miscellaneous ( Letter from Doug Whiting, Vice President Customer Operations, Time Warner Cable, in response to a letter to Nick Leuci, Time Warner Cable, related to concerns raised by Mansfield residents, Bill Antoine and Carrol Junkins Letter to the Board of Selectmen from Samuel Mirkin, representative for Michael Devine, concerning the Class II Used Car License for 95R South Main Street F. Licenses and Permits continued • Hackney Carriage License Applications of Foxfield Taxi for Vehicle Nos. 31, 39, and 45 with attached approved inspections from Officer Lawson Motion: So moved. (McCarter- Robinson) All in favor. Passes. • Common Victualer License Application of Sunnyside Inc. dba Lori's Sunnyside C66 for 263 North Main Street The applicant, Lori Berneburg, was present to answer the Board's questions. Ms. Berneburg is proposing to serve breakfast at the restaurant and has been in touch with both the Building and Health Departments. Motion: So moved. (Mahana- Royle) All in favor. Passes. 2. Questions and Comments Karl Clemmey, 390 West Street, reminded the Selectmen of his previous request for them to consider moving their meeting night to a different night than the Planning Board or for the Planning Board to. Mr. Clemmey also suggested the Selectmen review the Town's water contracts with other towns and requested the Selectmen discuss the status of the new police station this evening. Bob Palanza, John Street, congratulated Selectman McCarter for his election to the Board and extended his best wishes. Mr. Palanza asked where the access road to a new train station is proposed. Clerk McCarter questioned citizen involvement with the commuter station charets and suggested members of the previous Train Station Advisory Committee may like to participate. 3. Discussion with Jay Barrows and Trish Bolea, Downtown Business Association Mr. Barrows stated he and Ms. Bolea are requesting the Selectmen consider a protected green arrow or delayed green light at the Route 106/North Main Street intersection, heading west by Bankboston, taking a left on to North Main Street. Traffic Safety Officer Lawson stated an engineer for the 1994 intersection reconstruction conducted a traffic study of the intersection. At that time, the volume count was not high enough to warrant a protected left turn. The signals are town - owned; installation of a \VvMSPIELD\SYS \TLP \NM32598.doc Page 3 of 7 protected signal would involve a new traffic study as well as State approval. Officer Lawson stated he does not feel the proposal is needed at this time. Questions and Comments: Clerk McCarter questioned the project cost. Officer Lawson responded that the cost could be $100,000. Mr. Barrows asked if a delay could be placed on the eastbound signal to allow more time for westbound traffic to go. Officer Lawson will discuss solutions with Mass Highway engineers. Selectman Mahana asked why the State sets the regulations for the traffic signals when the town is responsible for funding. Chairman Madan suggested the Town might be able to incorporate the intersection signalization into the train station study. Selectwoman Royle asked Officer Lawson for his recommendation for intersection signage to direct traffic through the intersection. Mr. Barrows asked if the Engineering Department could review the addition of either diagonal parking spaces or additional parallel parking spaces on Old Colony Way. Mr. Barrows also requested the Town review the downtown traffic pattern because there are many one -way streets that direct traffic out of the downtown. Officer Lawson responded that a full -scale traffic study of the central business district would be required. Lastly, Jay Barrows stated he would be seeking the Selectmen's support within the next couple of weeks for a Farmers Market. 4. 8:30 Street Acceptance Public Hearing Clerk McCarter read the public hearing notice for the street acceptance hearing and explained the purpose of the hearing. Robert Morrison, Assistant DPW Director; Shaun Burke, Director of Planning and Development; Lee Azinheira, Town Engineer, and Mike Ahern, DPW Leadman were present for this hearing. Motion: To address all the streets at once. (McCarter - Royle) All in favor. Passes. Robert Morrison, Assistant DPW Director, submitted punch lists for each of the streets proposed for acceptance. Public Comments: Perry DiMascio, Douglas Drive, asked if the streets with the least amount of problems could be addressed first. Shaun Burke, Director of Planning and Development, reported that the Planning Board supports acceptance of all the streets but Shawmut Avenue extension contingent upon completion of all punch list items by May 1. Resident, 6 Deer Path Circle, stated that there may be a liability issue with the drainage ditch because there has always been standing water in the ditch with no fencing. The resident was hoping the drainage area would be regraded and fenced. The Town Engineer VMANSFIELMSYSULAMM2598.doc Page 4 of 7 responded that the developer has been requested to regrade the drainage ditch but fencing was not required at the time of plan permitting. Resident, 12 Deer Path Circle, seconded the above concern and requested a copy of the punch list for Deer Path Circle. The resident also asked if the collection of water referred to in the punch list is for the catch basin area or in other areas within the subdivision. The Engineer responded that he would take a look at the area along the sewer right -of -way for water collection. Lastly, the resident submitted a punch list of issues relative to Deer Path Circle's acceptance, copy attached. Toni Ryan, 58 Elyse Road, questioned the punch list items for Elyse Road and Patty's Road and stated standing water exists in the drainage ditch because it does not drain appropriately. Mr. Ryan also stated he is not in favor of the Town accepting Elyse Road at this time. Richard Jensen, 39 Smith Road, questioned the punch list for Smith Road and stated that his biggest concern is the developer's heavy equipment remaining on site. Apparently, the equipment was supposed to have been removed by February 1, 1997. The developer responded that the equipment could be removed before Town Meeting. Andy Biese, 38 Corbane Drive, questioned the punch list for Corbane Drive and asked if the developer is still responsible for completing the punch list. Mr. Biese also inquired of the procedure for the Town to take the developer's bond and complete the subdivision. Chairman Madan called for comments on the all streets listing each individually. A resident of Patty's Road requested the addition of drainage area seeding to the punch list. Motion: So moved to close the public hearing at 9:15 PM. (Robinson — Mahana) All in favor. Passes. Motion: That we vote to lay out the following streets: Deer Path Circle, Douglas Drive, Cedar Ridge Lane, Cottage Street Extension, Monahan Lane, Justin Drive, Knight Way, North White Pine Lane, Smith Road, Mystic Lane, Cooper Road, Sadie's Way, Corbane Drive, Carlow Crossing, Elyse Road, Jean Road, and Patty's Road, subject to punch list completion by May 1, 1998. (Robinson - Mahana) All in favor. Passes. 5. Old Business A. Town Manager Town Manager D'Agostino reported on the following: • Mr. D'Agostino scheduled a meeting with Town Counsel and RCN to discuss the set up to introducing cable competition in Mansfield. Selectman Robinson excused himself from the meeting for this discussion and left the room. \\ MANSFIELD \SYS \1LP\iv1IN\32598.doc Page 5 of 7 • A State Ethics Commission workshop is scheduled for this Thursday from 2pm to 4pm and 7pm to 9pm. The Town Manager will attend the afternoon session. • The I -495 Subcommittee will be meeting on March 30, 1998, at 7:00 PM. • Mansfield's Brownsfield Grant Application has been submitted. Mr. D'Agostino personally thanked Conservation Agent Dick Lewis for his work on the application. • The Police Department is running it's first shift out of the new headquarters this evening. An open house will be held in three to four weeks. B. Selectmen • Selectman Robinson asked if the new rubbish collection proposal includes a white goods pick up. • Selectwoman Royle requested an article on the Special Town Meeting warrant reducing the quorum to begin Town Meeting to one hundred. Clerk McCarter asked if a quorum reduction is a part of the Charter Committee's discussions also. Motion: To place an article on the Special Town Meeting warrant reducing the Town Meeting starting quorum to one hundred and continuing quorum to fifty. ( Royle- Mahana) All in favor. Passes. Motion: To open the Special Town Meeting Warrant. (Boyle- Robinson) All in favor. Passes. The warrant will have to close by April 8, 1998. • Clerk McCarter inquired about the proposed $13M grant for the train station and whether or not any "strings are attached" to the funds. Selectwoman Royle requested an outline/timeline for the train station project. 6. New Business A. Town Manager - None B. Selectmen • Selectwoman Royle stated she is in receipt of a letter from John Larch, Light Department Manager, requesting a meeting of the Light Commissioners on March 30 at 5:00 PM to take a vote on an issue prior to April 1. Motion: To meet on Monday at 6:30 PM. ( Royle- Mahana) All in favor. Passes. • Selectwoman Royle inquired about a posting for an MBC coordinator. Motion: To exempt the Building Committee from the hiring freeze for the purpose of hiring a clerk for the middle school and high school projects. (Mahana- Royle) All in favor. Passes. WANSFIELMSYSUMMM2598.doc Pige 6 of 7 • Selectwoman Royle stated she spoke with John Larch, Light Department Manager, this date and was informed his court date was postponed due to Town Counsel. Selectwoman Royle asked who authorized the use of Town Counsel to represent the Light Commissioners on the complaint, stated she would like to meet with Counsel as a Board to discuss his direction, and asked where payments would come from for the Commissioners' defense. Chairman Madan will set up a meeting with Town Counsel. • Clerk McCarter stated he received a call upset that a van was parked over night in a private lot next to Stearn's Office Supply and that the owner of the van may have been from CJ Scooters. The van was in the way of a merchant trying to get into their business. Clerk McCarter asked if a letter could be written to CJ Scooters stating that a problem may exist. • Clerk McCarter thanked the Women of Today for hosting the Town Manager reception. • Clerk McCarter asked if the Industrial Development Commission would have a budget this year. • Selectwoman Royle asked if the Industrial Development Finance Authority should be reestablished. The Town Manager will check to see if the Industrial Development Commission members would be interested in taking on the additional role. Both Selectman Mahana and Selectwoman Royle would be in favor of their assuming the role. Selectwoman Royle suggested the Town Manager send a memo to the Charter Commission suggesting they combine the Commission and Authority. 6. 10:05 Adjournment Motion: To adjourn. ( Mahana- McCarter) All in favor. Passes Clef k's Signature Date of Approval \ \MANSFIFLD\SYSiTLP \NBW2598.doc Page 7 of 7