HomeMy WebLinkAboutBOS MINUTES 4-22-1998Board of Selectmen
Minutes
April 22, 1998
Present: Chairman Madan, Clerk McCarter, Selectmen Mahana Robinson,`anlds
Royle
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. 43
Motion: To approve.
(Boyle- Robinson) All in favor. Passes. Chairman Madan abstained from
all Building Department items; Selectwoman Royle abstained from all
Health Department item; and Clerk McCarter abstained from all Recreation
Commission items.
B. Executive Session Minutes of March 30, 1998
Motion: To approve and not release.
(McCarter and Maliana) All in favor. Passes.
C. Licenses and Permits
• Application of the Town Manager for a $9,500 Reserve Fund Transfer to the Town
Manager/Professional- Technical Services Account to fund IDC Training sessions with
Professor John Mullin
Motion: So moved.
(Mahana- McCarter) Selectwoman Royle expressed concern that the
application was not for an unforeseen expense and stated training should
be inchided in the budget. (4 -1) Selectwoman Royle opposed. Passes.
• Memorandum from Leslie Pasch, requesting the Selectmen endorse the Historical
Commissioners $7,900 grant application to the Preservation Projects for the Fisher
Richardson House
Motion: Move we support the grant application and authorize the appropriate
signatures on behalf of the town.
(Mahana- McCarter)
• Application of 875 South Main Street Realty Trust for a renewal of the open air
parking facility license for 875 South Main Street
Mr. D'Agostino stated he is waiting for information from Town Counsel and Department
Heads on the license fee for open air parking facilities. Selectwoman Royle suggested if
open air parking license fees are being reviewed that all license fees should be.
Motion: Move to table.
( Royle- Mahana) All in favor. Passes.
D. Correspondence
Action:
Resident
Letter from Fran LaMaitra, 693 Ware Street, requesting a waiver of the $50 dollar fee to
have his water shut off and turned back on. Mr. LaMaitra is having his water shut off to
fix a problem with his water shut off valve, located on the street side of the water meter
This letter has been forwarded to the Water Department for review.
Town Manager and Staff
Memorandum from Town Manager D'Agostino to the Board of Selectmen requesting
approval to correct an error that occurred with the bid awards for Balcom Ridge Lots 98
and 408 by awarding the sale of Lot 98 to Sam David, who was, in fact, the highest bidder
on the lot
Motion: To rescind the bid award to Sherwood Realty Trust in the amount of
$62,400.
( Royle- Mahana) All in favor. Passes.
Motion: To award Balcom Ridge Lot No. 98 to Mr. Sam David in the amount of
$87,750.
(Boyle — Mahana) All in favor. Passes.
Letter from Superintendent of Schools, John Moretti, asking if it would be acceptable for
the Selectmen to appoint Bert Masson, the School Department Systems Management
Information Technical Director, to the Cable Advisory Committee. Mr. Masson is not a
Mansfield resident.
Motion: Move to appoint Bert Masson, School Department Systems Management
Information Technical Director, to the cable advisory Committee.
( Royle- Mahana) (4 -0 -1) Selectman Robinson abstained. Passes.
State and Local Government
Letter from Francene Bragga, Housing Authority Director, requesting the Selectmen
consider allowing the Park Court residents of Elderly Housing to use the parking area
directly across the street from the complex owned by the Town. This has beers forwarded
to the Police Deparbnent for review.
Letter from the Town of Middleborough, Town Manager and Superintendent of Schools,
requesting the Selectmen contact Mansfield's legislators regarding Chapter 70 Aid for
Fiscal '99.
Other:
Board and Committee
Memorandum from the Municipal Building Committee requesting the Selectmen consider
votes taken by the Selectmen in January 1995 waiving fees for the Qualter's and Middle
School construction projects. The Selectmen voted to waive the Towtt's po-tion of the
pertnit fees at last week's ttteeting.
Town Manager and Staff
Memorandum from Town Manager D'Agostino to the Board of Selectmen concerning
total appropriations for the FY99 budget
Memorandum from Town Manager D'Agostino to the Board of Selectmen concerning
insuring of Police Department vehicles
Memorandum to the Board of Selectmen from Town Manager D'Agostino concerning
expenditure of funds under the Selectmen's budget for professional development
Invitation from Gale Farrugia, Council on Aging Director, and Althea Sankey, Volunteer
Coordinator, to the Council on Aging's Volunteer Recognition Day Luncheon on Friday,
May 22, at 11:30 AM
Memorandum from Police Chief O'Neill to the Board of Selectmen requesting the
Selectmen inform the public of an overabundance of dogs at the Animal Shelter. Police
Chief O'Neill states in his memo that most of the dogs would make great pets and those
( persons considering adoption should check in at the shelter.
Letter from Superintendent of Schools, John Moretti, informing the Selectmen that Jean
Miller has recently been elected to the position of Chairman of the School Committee.
Miscellaneous
Fax from Heather Graf, CCATS, concerning the New Bedford/Fall River Rail Project
Second fax from Heather Graf, CCATS, concerning the New Bedford /Fall River Rail
Project
AT the request of the Town Clerk, Chairman Madan requested that all residents who have
not yet returned their census to do so.
2. Questions and Comments
Alan Carson, 30 Webb Place, asked why the Town did not have an Animal Control
Officer on duty this past weekend. A dog attacked Mr. Carson's daughter over the
weekend. When he called the police station, the Sergeant on duty did not know how to
handle the case nor did he know that there is a contingency plan to use Norton's Animal
Control Officer. The Police Department released the dog back into its owner's hands.
Mr. Carson received no satisfaction from the Police Department until Monday, when he
threatened to hurt the dog after he saw it was let loose again. The Police Department
picked the dog up on Monday. Mr. Carson stated that he is appalled that a full -time
Animal Control Officer is not on duty on the weekends and that the Animal Control
Officer did not contact him until Tuesday. Lastly, Mr. Carson requested the Town
increase the fines for dogs that are unleashed and not vaccinated.
Selectwoman Royle requested the matter be referred to the Town Manager and that the
Manager request a full report from the Police Department.
Peter DeTrolio, 496 Ebn Street, stated that he believes the Animal Control Officer works
only part-time and that the other half of his workday he works as a Parking Ticket Officer.
3. 8:05 Discussion with Bill Flannery, Southeast Regional School Budget
Mr. Flannery explained that each town's budget is figured on twenty -six variables.
Mansfield was only charged for a capital expense. This year's budget figure is $161,000,
which pays for sixty -one students. If five out of nine of the participating schools approve
the budget, all towns are required to pay.
Board of Selectmen Questions:
Members of the Board of Selectmen questioned why the budget's fluctuation is so great
from year to year, which variable changed Mansfield's budget from $0 last year to
$161,000 this year, who is in charge of the formula, and if the School Committee members
are working to have the formula changed.
4. Discussion regarding Senior Citizen Interest Charge on Water and Sewer
Bills with Betty Amicone, DPW Office Manager
Ms. Amicone explained the 14% finance charge to the Selectmen and asked if they would
like to exempt senior citizens from the charge.
Motion: Move that we exempt senior citizens from the 14 % finance charge on
water and sewer bills
( Royle- Robinson) Alt in favor. Passes.
5. Discussion with Marianne Kinney, Amtrak High Speed Rail Project - Sound
Mitigation Task Force
Ms. Kinney reported that a draft report on sound mitigation has just been completed. Two
types of mitigation are being reviewed - -sound barriers and residential insulation. Ms.
Kinney reviewed areas slated for sound mitigation and the type to be used in each area.
Board of Selectmen Questions and Comments
Members of the Board of Selectmen questioned the decibel count where Amtrak agreed to
install mitigation and asked what the Selectmen can do to help.
Motion: To send another letter to all Federal Legislators with a copy of the sound
mitigation report.
( Royle- McCarter) All in favor. Passes.
6. Review of Town Meeting and Special Town Meeting Articles
A. Town Meeting Articles
Article 10
Appropriate funds, $679,000, construction of the Canoe River sewer project; determine if
appropriation should be raised by borrowing from the Mass Water Pollution Abatement Trust or
otherwise
Sponsor: Board of Selectmen
Motion: To support
(Mahana- McCarter) All in favor. Passes.
Article 19 — DPW does not support this article.
Funds ($5,000) for an Engineering and Design Study for sidewalks on South Street from Grove
Street to Foxborough Town Line
Sponsor: Board of Selectmen
Motion: Not to Support.
(Boyle - Mahana) All in favor. Passes.
Article 23
Accept the provisions of MGL Chapter 44, Section 53F' /z which empowers the Town to establish
for FY2000 a separate account for wastewater operations (enterprise account)
Sponsors: Board of Selectmen and Finance Committee
Motion: Not to Support.
(Boyle- Madan) (2 -3) Chairman Madan and Selectwoman Royle in favor. Fails.
Article 29
Amend Chapter 22 — Licenses and Permits, Paragraph (B), of the General By -Laws by accepting
a 1993 amendment to Section 57 of MGL Chapter 40, Paragraph (B)
Sponsors: Board of Selectmen
Motion: To Support.
(Robinson - Royle) (5 -0) Passes.
Article 30
Accept a drainage easement located at 230 West Street
Sponsor: Board of Selectmen
Motion: To table.
(Boyle- Mahana) (5 -0) Passes.
Article 31
Rescind Article 6 of the 1990 Annual Town Meeting which establishes an Ambulance Fee
Reserve Account
Sponsor: Board of Selectmen
Motion: To Support.
( Royle- Mahana) (5 -0)
B. Special Town Meeting
Article 1
Appropriate funds from the Overlay Reserve to pay unpaid prior year's bills.
Sponsor: Board of Selectmen
Motion: To Support.
(Robinson - Royle) (5 -0)
Article 2
Appropriate $60,000 from Overlay Reserve to replenish the Reserve Fund Transfer
Account
Sponsor: Board of Selectmen
Motion: To Support.
(Mahana- McCarter) (5 -0)
Article 3
Appropriate $7,900 from Overlay Reserve — Matching Funds for Pre - Development grant
for Fisher Richardson Historic Site
Sponsor: Board of Selectmen
Motion: To Support.
(Mahana- Royle) (5 -0)
Article 4
Transfer a sum of money between various departmental budget accounts to defray
expenses for the remainder of FY98
Sponsor: Board of Selectmen
Motion: To Support.
(McCarter- Robinson) (3 -0 -2) Selectivoman Royle abstained Selectman
Mahana was not present for the vote.
Article 5
Transfer $5,234.33 from Capital Account, Air Pack Compressor, to Fire Capital
Outlay Account
Sponsor: Board of Selectmen
Motion: To Support.
(Robinson- Royle) (4 -0 -1) Selectman Mahana was not present for the vote.
Article 6
Establish a Revolving Inspection Account for FY'99
Sponsor: Board of Selectmen
Motion: To Support.
(Robinson - Royle) (3 -0 -2) Chairman Madan abstained, and Selectman
Mahana was not present for the mote.
Article 7
Transfer 20,800 from Personal Services, and $56,000, Expenses, Winter
Maintenance budget, to the Capital Improvements Program
Sponsor: Board of Selectmen
Motion: To Support.
(Boyle- Robinson) (5 -0)
Article 8
Amend the General By -Laws, Chapter One — Town Meeting, Section 1, to reduce the
quorum necessary to open Town Meeting from 200 registered voters to 100, and reduce
the required 100 registered voters to open any adjourned session to 50 registered voters
Sponsor: Board of Selectmen
Motion: To Support.
(Royle- Robinson)(3 -2) Chairman Madan and Selectman Mahana opposed.
Article 9
Accept by gift the drainage easement at 494 and 514 Gilbert Street
Sponsor: Board of Selectmen
Motion: To Support.
(Boyle - Mahana) (5 -0)
Article 10
Amend the Zoning By -Law, Section 3.5 Classification of Business Uses paragraph 3.5 to a
"seasonal farmer's market or..."
By Petition: Doreen Tighe, 56 Spring Street
Sponsor: Board of Selectmen
Motion: To Support.
(Mahana- Royle) (5 -0)
7. Old Business
A. Town Manager
Town Manager D'Agostino reported on the following:
• The Police Station open house will be held on Saturday, May 9, 1998, from LOAM to
12 Noon.
• While the Town did not receive the Brownsfield grant for $50,000, an application for
a $200,000 grant is pending.
• The status of the Train Station project; GATRA's RFP is not yet ready for release.
• The South Common beautification project is moving forward. New trees will be
planted in place of trees removed. The Department of Public Works will begin burying
wire. Seleovoman Royle stated that she is concerned that the project ryas not
budgeted Clerk McCarter stated a resident talks to him everyday about a fence on
the south conunon, which needs to be repaired. Selecflvonan Royle questioned cost
estimates for the Light Department's involvement in the project, and Mr. D'Agostino
responded that the Light Department ivould not be involved in the project.
• The Department of Public Works will be completing the Police Station project with
looming and seeding using loam from Plymouth Street.
Motion: To waive the Town's portion of the permit fees for pulling the wires, etc.
(Mahana - Royle) All in favor. Passes.
i
• Gerry St. Hilaire, Finance Committee member, Betty Amicone, DPW Office Manager,
(, and Bob Morrison, Assistant DPW Director, are scheduled to discuss water rates at
next week's Selectmen's meeting. The Committee is leaning towards an inclined
block rate. Selectwoman Royle questioned the effect of the inclined block rate on
residential apartment buildings.
• The transfer station site visits to Braintree and Peabody could not be scheduled for this
week, but will, hopefully, be scheduled for next Thursday.
• This year's water restrictions proposed by the Assistant DPW Director will be
presented to the Selectmen next week for consideration.
B. Selectmen
• Selectman Robinson stated that he is not happy with a memorandum regarding DPW
workers filling trenches alone and suggested a cruiser park next to the trench to ensure
the employees safety while working.
• Selectwoman Royle questioned the status of Mr. D'Agostino's efforts to reduce the
amount of the Town's telephone bill, the status of the Manager's meetings with the
cable provider, RCN, and asked if it is true that areas of the Plymouth Street
Recreational facility are sinking.
• Selectman Mahana responded to allegations he heard recently about a proposal to
locate a transfer station in Mansfield.
• Selectman Mahana stated that he would like to use a portion of the Witch Pond Well
land as a soccer playing field.
• Clerk McCarter inquired about the status of the I -495 Interchange.
• Clerk McCarter inquired about the status of a portion of a donation from Great
Woods Inc. and Rage Against the Machine being allocated towards a skateboard park.
Clerk McCarter received an inquiry about the allocation from two residents.
8. New Business
A. Town Manager
Town Manager D'Agostino reported the following:
• The Town should look at highlighting the accomplishments of the local EMS during
EMS week, which is the week of May 17, 1998. Town Manager D'Agostino
commended Town public safety personnel on the scene of an accident this past
weekend resulting in two fatalities. As a result of their working above and beyond the
call of duty, a ten - year -old child's life was saved.
• The cemetery restoration project was awarded a Mass preservation award. The
presentation will be made on Thursday, May 28, in Boston.
• Selectwoman Royle stated she would like to invite Billie Siena and Lorilee Fish, Parks
and Recreation Director, who both worked on the cemetery restoration project, into a
Selectmen's meeting to explain the project to the community.
• A $679,000 loan at zero interest to fund the Route 106 sewer project has been
approved. An article has been place on the Town Meeting warrant to approve project
funding.
• Mr. D'Agostino received a telephone call this date from Lester McGolderick
indicating the Attleboro based Army Corp. of Engineers voted to approve plans to
work on the Memorial Park land clearing project and to build a new football field
adjacent to the existing football field.
• Mansfield Emergency Management conducted a tabletop discussion this date from
8:30AM to 11:30AM concerning "Hurricane Janet ".
B. Selectmen
• Selectman Robinson stated that he would like to hold a follow -up meeting to last
October's meeting concerning School Complex parking on East Street.
• Selectwoman Royle stated she would like to continue receiving intersection statistics
from Traffic Safety Officer Lawson on a quarterly basis.
• Chairman Madan inquired about the status of a request the Selectmen received a year
ago for a blinking light at the intersection of Franklin and Maple Streets and stated the
request was forwarded to the Police Department for review but a response was never
received.
9. 10:30 PM Adjournment
Motion: To adjourn.
(Mahana- McCarter) All in favor. Passes.
1-1 d f
C k's Siena hire Date Af A&roval