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HomeMy WebLinkAboutBOS MINUTES 4-15-1998a Board of Selectmen Minutes April 15, 1998 Present: Chairman Madan, Clerk McCarter, and Selectmen Mandna; Royle .an8: 13 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. 42 - $1,941,210.94 Motion: So moved. (Boyle — McCarter) Selectwoman Royle abstained from Voucher No. 12287 and all Board of Health items; Chairman Madan abstained from all Building Department items; and Clerk McCarter abstained from all Recreation items. Passes. B. Minutes • April 8, 1998 Motion: To approve the minutes of April 8, 1998. ( Royle- McCarter) All in favor. Passes. • Executive Session Minutes of March 30, 1998 Motion: To table the minutes of March 30, 1998. (Boyle- McCarter) All in favor. Passes. • Executive Session Minutes of November 12, 1997 Motion: So moved to release. ( Mahana- Royle) Clerk McCarter abstained. Passes. *Selectman Robinson entered the meeting. Application of Blackstone Entertainment LLC for Public Entertainment on Sundays at Great Woods Center for the Pei-forming Arts. Motion: To approve. (Boyle- McCarter) All in favor. Passes. C. Special Town Meeting Warrant Motion: To sign. (Boyle- Mahana) All in favor. Passes. D. Correspondence Action: Resident Letter from Darlene Marks, Catherine Broderick, Katlileen Fennell, Thomas Buckley, Marsha Hayes, and Anthony Goodwin, Mansfield Manor subdivision, requesting "Please Leash Your Dog/Pick Up After Your Dog" signs be posted at four locations within their subdivision— intersection of Charlene and Fruit, Charlene and Angelina, Angelina and Danielle, and the intersection of Danielle and Fruit /- Town Manager and Staff Memorandum from Jeff Collins, Humane Officer, requesting animal waste signs be placed at both the entrances of the walkway next to 36 Park Street and between 15 -27 Court Street Motion: To post the "Please Leash Your Dog/Pick Up After Your Dog" signs at four locations throughout the subdivision — Charlene and Fruit, Charlene and Angelina, Angelina and Danielle, and Danielle and Fruit, and at both the entrances of the walkway next to 36 Park Street and between 15 -27 Court Street. (Royle- Robinson) All in favor. Passes. Prior to voting on the above motion, the Selectmen and Mr. D'Agostino discussed the number of signs being requested, placing a notice on cable reminding residents of the above by -law, and asking the Police Department if it is ok to post signs on stop sign as requested by Mansfield Manor residents. State and Local Government Letter from the Massachusetts Lottery Commission notifying the Selectmen of Mansfield Lodge of Elk's application for a Keno License and requesting any objections be submitted in writing to the Lottery Commission Letter from Marie Parente, House Committee on Local Affairs, requesting the Selectmen's 1) support for House Bill 5353 as amended, relative to siting of communication towers and facilities in Cities and Towns of the Commonwealth and 2) oppose supplemental budget language that strips cities and towns of zoning authority over the siting of cellular towers and removes their ability to assess such facilities Motion: To support House Bill 5353. (Royle- WITHDRAWN) Miscellaneous Letter from the Mansfield Lodge of Elks No. 2633 requesting a waiver of the permit fees associated with their Annual Spring Carnival at Great Woods, May 14 —17, 1998, and requesting permission to have the Light Department display their carnival banner at Chauncy and North Main Streets from May l to 17 Motion: So moved. (Mahana- Robinson) All in favor. Passes. Letter from Jay Barrows, President, Downtown Business Association, requesting placement on the Selectmen's agenda to discuss the Farmer's Market, a Sidewalk Sale, and installation of Direction Signs to show the public where North Main Street is Other Town Manager and Staff Memorandum from John D'Agostino, Town Manager, with attached well -site �, development breakdown of expenditures by warrant article Memorandum from John D'Agostino, Town Manager, with attached waterfowl by -lays from Dennis, Yarmouth, and Plymouth ( Memorandum from John D'Agostino, Town Manager, requesting each of the Selectmen provide him with their preferred day and time of day to visit a comparable transfer station facility State and Local Government Letter from Christopher McCabe, Norton Town Manager, concerning renewal of Great Woods Entertainment License Letter from Mass Highway, in response to the Selectmen's March 18, 1998, letter, stating the Selectmen's concerns will be placed in the project file for future reference when Mass Highway further develops the Rt. 4951140 interchange design Miscellaneous Letter from Greg O'Brien, Stony Brook Publishing and Productions, Inc., requesting information concerning applications to permit underground gasoline tanks or upgrade, or any proposal in Mansfield for a new gas station This has been fbiwarded to the Fire Department. 2. Questions and Comments Karl Clemmey, 390 West Street, thanked the Town Manager for the leadership he has shown for the last two weeks while licensing Great Woods Center for the Performing Arts. Mr. Clemmey noted that one issue not taken into consideration with the curfew violation at Great Woods Center for the Performing Arts by Rage Against the Machine was all the kids under twenty years old were put out on the road with expired Junior Operators licenses. In response to an article on the Town Meeting warrant proposing to lower the required Town Meeting quorum, Mr. Clemmey stated he feels it is the Selectmen's job to get the residents to Town Meeting and not to lower the quorum. Mr. Clemmey requested the Selectmen also take another look at Article 29 - Licenses and Permits of the Town Meeting warrant. Lastly, in regard to the upcoming Southshore Antique Auto Trading Bee, Mr. Clemmey suggested the Selectmen confirm that all vendors participating in the Trading Bee are paying their sales tax and suggested that each vendor should be required to obtain a business certificate from the Town Offices. 2. 8:20 Santoro Oil Storage of Flammables License Public Hearing Motion: To open the hearing for Santoro Oil. (Boyle- Robinson) (4 -0 -1) Chairman Madan abstained. Passes. Motion: To continue the hearing after the discussion with the Town Engineer concerning inflow and infiltration. (Boyle- Robinson) (4 -0 -1) Chairman Madan abstained. Passes. l 3. Discussion with Town Engineer, Lee Azinheira, and David Field, Engineer The Town Engineer, Lee Azinheira, updated the Selectmen on the Engineering Department's efforts to reduce inflow and infiltration. 4. Discussion with Town Engineer, Lee Azinheira, and David Field, Engineer The Town Engineer, Lee Azinheira, updated the Selectmen on the Engineering Department's efforts to reduce inflow and infiltration, and requested the Selectmen's approval to move forward with an inflow and infiltration enforcement program as outlined in Mansfield's Sewer Use Regulations dated February 21, 1996. Motion: So moved to approve subject to Town Counsel's review. (Mahana - Royle) All in favor. Passes. Selectman Royle asked the Town Engineer his opinion of directing funds from SKANKO to the Inflow and Infiltration Program. Motion: That we submit an article at Town Meeting that when appropriate, we direct the money from Skanko and Foxboro to the Inflow & Infiltration program. ( Royle- Robinson) (3 -2) Clerk McCarter and Selectman Mahana opposed. Passes. Selectman Mahana inquired about the Engineer's progress on acceptance of all older unaccepted streets in Mansfield. 5. 8:45 Santoro Oil Storage of Flammables Public Hearing Fire Chief Sliney and Lt. Sarro were present for this hearing, as was the applicant, Joe Santoro. Chairman Madan left the room and passed the gavel to Clerk McCarter. Acting Chairman McCarter read the public hearing notice and department head comments aloud. Motion: To open the public hearing for the Lawndale Road pole relocation and continue it after this hearing. ( Royle- Mahana) All in favor. Passes. Lt. Sarro explained the history of Santoro Oil's license. Mr. Santoro held a storage of flammables license in the past, however, the license does not reflect the correct number of gallons stored on the site and has lapsed. This new license will correctly reflect the type and amount of flammables stored at 51 West Church Street. Mr. Santoro explained his application to the Board. Board of Selectmen Questions: Members of the Board of Selectmen asked questions concerning the possibility of refueling the tanks using the railroad line; tank inspection for leakage; number of tanks and gallons held by each; name on the license; how long it has been since the tanks have been used; whether or not the tanks are subject to State and /or DEP requirements; and the effect failing the tightness tests would have on the license. 9:10 PM Motion: To close the public hearing. ( Royle- Mahana) All in favor. Passes. Motion: To approve the license with the restriction that it shall comply with 527 CMR Sections 9 & 14 for 51 West Church Street. (Mahana — Robinson) All in favor. Passes. Chief Sliney referenced a memorandum he sent to the Town Manager, dated April 8, 1998, in which he requests the Selectmen amend the Storage of Flammables license held by United Oil, 30 Winthrop Avenue, in order to clarify it. The license should be amended to read as follows: 30,000 gallons of combustible Liquids - No. 2 Home Heating Oil, Diesel Fuel, and Kerosene. No increase, decrease, or change in fluid type is proposed. Motion: To amend the license for 30 Winthrop Avenue for the storage of flammable liquids. ( Royle- Mahana) All in favor. Passes. Chairman Madan returned to the meeting. 6. 9:20 PM Lawndale Road Pole Relocation Public Hearing Clerk McCarter read the public hearing notice aloud. Kathryn Craig, representing New England Telephone and Mansfield Electric explained the pole relocation application to relocate Pole No.I on the westerly side of Lawndale Road approximately 46 feet to the south of the existing pole and to locate a Pole No. IA approximately 209 feet to the north of East Street on Lawndale Road. Board of Selectmen Questions and Comments: Selectman Robinson asked if the existing pole would be removed. Motion: To close the public hearing. (Robinson - Mahana) All in favor. Motion: So moved to approve the pole relocation (Mahana - Royle) All in favor. Passes. 6. Review of Town Meeting Articles Article 2 Income from the sale of electricity shall be appropriated for the Electric Dept. for FY1999 expenses Sponsor: Board of Selectmen Motion: To Support (Robinson- Mahana) (5 -0) Article 3 Funds to defray the expenses of Town departments for the ensuing 12 -month period beginning July 1, 1998 - $21,405,987.94 Sponsor: Board of Selectmen Motion: To Support (Mahana- Robinson) (5 -0) Article 7 Amend the General By -Laws by adding a new Section 10 to Chapter Five Streets and Sidewalks, entitled "Flaggers" Sponsor: Board of Selectmen Motion: To withdraw. (Mahana - Royle) All in favor. Passes. Article 8 Funds ($160,154) to defray the expenses of the Southeastern Regional School District for the ensuing twelve month period beginning July 1, 1998 Sponsor: Board of Selectmen Motion: To Support. (, ( Royle- Robinson) All in favor. Passes. Article 9 Funds ($15,000) for a Household Hazardous Waste Collection Sponsor: Board of Health Motion: To Support. (Mahana - Robinson) (4 -0 -1) Selectwoman Royle abstained. Passes. Article 11 Accept MGL Section 4 of Chapter 73 of the Acts of 1986 as amended by Chapter 126 of the Acts of 1988 which allows an additional real estate exemption of fifty percent (50 %) on certain clauses Sponsor: Board of Assessors Motion: To Support. ( Royle- Robinson) (5 -0) Article 20 Direct the $100,000 payment made by the Town of Norton for past due sewer bills into a Wastewater Depreciation Trust Fund Sponsor: Board of Selectmen Motion: To Support. (Mahana - Royle) (5 -0) Article 21 Direct the $60,610 grant award the Town received from DEP to the Conservation Land Acquisition Account Sponsor: Board of Selectmen Motion: To Support (Mahana- McCarter) (5 -0) Article 22 Accept the provisions of MGL Chapter 44, Section 53F 112 which empowers the Town to establish for FY2000 a separate account for water (enterprise account) Sponsors: Board of Selectmen and Finance Committee Motion: To Support. (Boyle- Mahana) (5 -0) Article 24 Accept Landbank Legislation to be funded at %2 of 1% on all real estate purchases Sponsor: Board of Selectmen Motion: To hold. More information needed on legality of Town's adoption. (Mahana- Royle) (5 -0) Article 25 Acquire land parcels or rights in land parcels to allow for the construction of roadway safety improvements by relocating Williams Street and replacing the Williams Street bridge Sponsor: Board of Selectmen Motion: To Support. (Robinson- McCarter) (5 -0) Article 26 Transfer control of land situated on the southerly side of Williams Street from the Conservation Commission to the Board of Selectmen for roadway and bridge construction purposes Sponsor: Board of Selectmen Motion: To Support. ( Royle- Robinson) (5 -0) Article 27 Take by eminent domain for roadway and bridge construction purposes from the owners of all lots in the Forest Park subdivision the rights created by restrictive covenant set forth in the deed registered as document 34502 Sponsor: Board of Selectmen Motion: To Support. (Boyle- McCarter) (5 -0) Article 28 Petition the General Court of the Commonwealth of Massachusetts to authorize the use of certain town -owned conservation land for roadway and bridge construction purposes Sponsor: Board of Selectmen Motion: To Support. (Boyle- Mahana) All in favor. Passes. 8. New Business A. Town Manager Town Manager D'Agostino reported on the following: • Town Manager D'Agostino requested the Selectmen's support for the South Common Beautification Program which would include placing all overhead wiring underground with fixtures similar to the north common and installation of an underground irrigation system. Elizabeth Campbell, Mansfield Women of 'Today, asked how the garden the Women of Today maintain at the South Common would be impacted and hoiv they could work with the 'Town. Selectwoman Royle stated that she hopes the Women of Today's garden can be maintained with the renovation. Motion: To support the renovation and beautification of the south common. (Boyle- McCarter) All in favor. Passes. • The Town received funding for Rails to Trail in the amount of $448,000. Shaun Burke, Director of Planning and Development, should be commended, as he put the application together. Motion: To send a letter of congratulations to Shaun Burke from the Selectmen thanking him for his efforts. (Boyle — Mahana) All in favor. Passes. 9. Old Business A. Town Manager Town Manager D'Agostino reported on the following: • Time Warner is all set to run the cable for the monitors at the commuter lots. The work will be completed over the next two weeks. • Amendments to Time Warner's cable license must be advertised prior to the Selectmen signing them. • During last night's Municipal Building Committee meeting, the School Department withdrew its article to fund completion of the High School and Middle School until the fall. • The Hathaway - Patterson site did not receive funding under the Brownsfield grant program. Apparently, the extent of the clean up was too great for the program. A second round of funding is scheduled for September and will be applied for. • Mr. D'Agostino would like to schedule a transfer station site visit for a Thursday afternoon. B. Selectmen • Clerk McCarter asked if the Town's not receiving the Brownsfield grant funding would have an effect on the train station project. 10. New Business A. Town Manager Town Manager D'Agostino reported on the following: • Mr. D'Agostino received a call from Time Warner asking if he or the Selectmen had authorized installation of eight cable drops at the police station, as a request had been received. Mr. D'Agostino asked the Selectmen if they would want to permit this as a policy. Mr. D'Agostino will review the need for eight drops with the Police Chief. • The Municipal Building Committee has requested a waiver of the Town's portion of permit fees associated with the Qualter's Middle School and High School project. Motion: To waive the town's portion for the Qualter's School project. (Royle- Mahana) All in favor. Passes. • The Selectmen will be receiving rules and regulations to consider as the Farmer's Market concept progresses. B. Selectmen • Selectman Robinson stated he received an inquiry from a senior citizen about the Town hosting a spring clean up. Mr. D'Agostino responded that DPW will conduct a clean up with conditions, which will be coordinated with the Council on Aging. • Selectman Robinson referenced a memorandum from Traffic Safety Officer Lawson listing intersection accident statistics and requested quarterly reports on the intersections. • Clerk McCarter, as a result of a resident's request, inquired about the status of an abandoned house on Coral Street. 11. 10:30 PM Adjournment Motion: To adjourn. ahana- McCarter) All in favor. Passes. Cler s Signature Date f A proval