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HomeMy WebLinkAboutBOS MINUTES 4-8-1998Board of Selectmen Minutes April 8, 1998 Present: Chairman Madan, Clerk McCarter, Selectmen Mahana, Royle, and Robinson °I n - : i 10 John D'Agostino, Town Manager Q 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant No. 41 - $1,754,895.80 Motion: To approve. (Mahana- Royle) Chairman Madan abstained from all Building Department items; Clerk McCarter abstained from all Recreation Commission items, and Selectwoman Royle abstained from all Health Department items. Passes. B. Minutes of April 1, 1998 Motion: To approve. (Boyle Mahana) All in favor. Passes. C. Licenses and Permits • Sharon Taxi Inc. Hackney Carriage License Applications for Vehicle Nos. 7 &11 Motion: To approve. (Boyle Mahana) All in favor. Passes. • Application for a $4,000 Reserve Fund Transfer Request to the Selectmen's Account Motion: To recommend approval by the Finance Committee. (Boyle- Mahana) All in favor. Passes. • Application for a $3,300.00 Reserve Fund Transfer Request to the Selectmen's Specialized Services Account Motion: So moved. (Mahana - Royle) All in favor. Passes. • Layouts for Streets up for Acceptance at the May 4, 1998 Town Meeting Motion: Move to sign the Selectmen's Laying Out of a Town Way for the following streets: Mystic Lane, Cooper Road Extension, Sadie's Way, Monahan Lane, Corbane Drive, Carlow Crossing, Smith Road, Deer Path Circle, Douglas Drive, Justin Drive, Knight Way, North White Pine Lane, Cedar Ridge Road, Cottage Street Extension, Patty's Road, Jean Road, and Elyse Road. (Mahana - Royle) All in favor. Passes. • Application of Marotta Landscaping for a Drainlayers License Motion: So moved. Royle Robinson All in favor. Passes. D. Correspondence Action: Resident Letter from Stephen King, 130 School Street, requesting the Town extend the sidewalk across his property This letter has been forwarded to DPW for revie)v and recommendation. Letter from Gary Litchman, 1715 West Street, requesting the Selectmen seriously consider a water use plan he is proposing This letter has been forwarded to the Assistant DPW Director. Other: Totivn Manager and Staff Memorandum from the Town Manager to the Board of Selectmen with attached invoice for the Police Chief's vehicle Memorandum from the Town Manager to the Board of Selectmen with attached itemized invoice for the Police Chief s vehicle State and Local Government Letter to the Board of Selectmen from Congressman Frank in response to the Selectmen's letter requesting funding for sound mitigation along the tracks Letter from Representative Poirier stating when it is debated on the House Floor, he will support fully- funded school transportation and Special Education Reform Letter from Mass Highway concerning spring street sweeping This letter has been forwarded to DPW. Miscellaneous Letter from Mass Development notifying the Selectmen of Eastern Containers revenue bond project 2. Questions and Comments Selectman Mahana responded to comments made by Mansfield resident, Richard Franklin, at last week's Selectmen's meeting directed towards the Town Manager. Peter DeTrolio, 496 Elnr Street, responded to comments made by a principal partner to Great Woods that appeared in the newspaper suggesting setting off of fireworks between acts at Great Woods and holding a mime show for Norton residents. Mr. DeTrolio also asked if the costs associated with the police station renovation have all been paid and commented on the Police Chief s new car. Bill Antoine, 450 West Street, stated he believes Mansfield does have one of the top cable systems presently. Mr. Antoine also asked if the Town would be moving forward with a transfer station in town, where it would be located, and what would be done with West Street as part of a transfer station moving into the area. Mr. Antoine also stated that the West Street neighbors are worried and asked what the Townspeople can do to stop the project. The residents are afraid of the large trucks travelling on the roads and would like the Selectmen to prohibit the trucks from travelling through the West Street neighborhood. Selectwoman Royle stated at this time she does not support locating a trash transfer station in Mansfield even though the revenue would be wonderful. Clerk McCarter stated he has not made up his mind yet on whether or not he supports a station in Mansfield. 3. Discussion with Doreen Tighe regarding Farmer's Market Ms. Tighe addressed the Selectmen stating that she ran into a zoning problem with the Farmer's Market and thanked the Town Manager and Planning Director for steering her in the right direction. Ms. Tighe submitted a petitioned article for inclusion on the Special Town Meeting warrant, amending the definition of "Retail Store' to include a Farmer's Market. The petition contains the signatures of ten Mansfield registered voters. Motion: To lower the requirement for signatures for this petitioned article from 100 to 10 signatures to be placed on the Special Town Meeting Warrant. (Mahana- Royle) All in favor. Passes. 4. Discussion with Lee Azinheira, Town Engineer, and John Donovan and Jane Maden of CDM regarding a Sludge Compost Facility Additional Staff members present for this discussion were Dan Clifford, DPW Director, Ken Hackett, Wastewater Treatment Plant Manager, and David Field, Assistant Engineer. Mr. Azinheira stated he and Mr. Hackett are recommending a pre - engineered steel building for the compost facility. The project would be managed internally, with a projected cost of $1,741,000. One third of the total cost will be reimbursed by participating communities. Board of Selectmen Questions and Comments Members of the Board of Selectmen questioned the need for the structure, ability to do year round composting, life of building, number of trucks generated per day by the facility, projected revenue, and participation of other communities with the project. Motion: So moved to endorse and proceed with at Town Meeting. (Mahana - McCarter) All in favor. Passes. 5. 8:35 PM Branch Street Sewer Extension Project Public Hearing Lee Azinheira, Town Engineer, and David Field, Assistant Engineer, were present for this hearing. Clerk McCarter read the public hearing notice to the public. Town Engineer Azinheira stated the hearing is a result of Branch Street residents submitting a petition for a small sewer extension. Notice of the hearing was delivered to all Branch Street abutters, including a ballot for the residents to indicate whether or not they wish to participate in the project. In order to proceed, at least two - thirds of the residents have to agree to move forward. A preliminary cost estimate for the project is between $4,500 and $4,600 per unit. If the town participates, the cost per unit would be between $3,100 and $3,400. Public Comments: Lynn Denney, 109 Branch, asked about the formula used to determine the cost for each residence. Janet Byrne, 31 Branch Street, asked if the betterment charge includes connection to the line and what an estimated cost to connect would be. Jim Ferrara, 206 Branch Street, noted if sewer is not installed at this time, it won't be installed for at least another five years, with the expected paving of Branch Street this year. Bernie Tilly, 200 Branch Street, asked if there is a time limit to hook up to the system. Chairman asked the public if there is any opposition to the project, and no one responded. Board of Selectmen Questions and Comments: Members of the Board of Selectmen questioned the cost to town for the project and if the betterment charges could be paid over ten or twenty years. Motion: So moved to continue forward with the project. (Mahana- Royle) all in favor. Passes. 5. Fulton's Pond Dam Bid Results Town Engineer Lee Azinheira reported that out of 23 requests for proposals being pulled, only eight were submitted. The price range of bids received was between $398,000 to $973,000, however the budgeted project amount is only $275,000. Town Engineer Azinheira proposed the Town conduct a $3,500 analysis to see which parts of the project may be eliminated to reduce the cost and that lie would like to bring the project as close to budget as possible. Prior to Mr. Azinheira's leaving the meeting, Chairman Madan asked him why camera work on the sewers has to be done late in the evening because he received noise complaints from residents. 6. Discussion with Robert Morrison, Assistant DPW Director, and Paul Howard of Tata & Howard Paul Howard reviewed the Walsh Well Development schedule. Board of Selectmen Questions and Comments Members of the Board of Selectmen asked what could be done to expedite the project, how far off schedule the project is, and if anything else could cause a delay. Motion: That we send a letter from the Water & Sewer Commissioners thanking DEP for the time they spent reviewing our application and requesting they expedite the project. (Royle- Mahana) All in favor. Passes. 7. 9:25 PM Great Woods Entertainment License Bruce Montgomery, General Manager, Blackstone Entertainment, LLC, stated that he agrees to everything in the draft Rules and Regulations for the entertainment license dated April 7, 1998, except for Section 15, which allows for imposition of fines for violations of the 11:00 PM curfew. Mr. Montgomery stated that although he is anxious to consider anything to help conclude concerts by 11:00, lie feels the reasonable fine structure will encourage artist to overplay. Mr. Montgomery questioned the Selectmen's objective with fine structure. Mr. Montgomery also stated the Statute specifically gives remedies for violations, opinions from his attorneys reveal that it is not within the Selectmen's authority to set fines, and questioned the thoroughness of Town Counsel's search of the laws. Robert Mangiaratti, Town Counsel, addressed the Selectmen stating he did extensive research, not only in Massachusetts, but also throughout the country, on whether or not the Town can enact more stringent laws than allowed in the Statutes. Attorney Mangiaratti stated, in his opinion, the State Statutes do not prevent local boards from imposing sanctions as long as they do not contradict Statute. Attorney Mangiaratti stated he would be very comfortable adopting the fine structure for the well being, public safety, and health of Mansfield's residents. Board of Selectmen Questions: Members of the Board of Selectmen commented don and asked questions concerning sanctions the Board presently has for performances without the proper license, reducing the sound level by 3 decibels, reasonableness of fine structure, effectiveness of the fine structure, placing restrictions on the licensee for curfew violations rather than imposing fines, enforcement of the decibel level, and whether or not Great Woods will sue the Town if the regulations are approved as presented. Motion: That we support and sign the Great Woods entertainment license dated April 7, 1998 as presented. ( Royle- McCarter) All in favor Passes. 8. Status of Claim of John Larch against the Light Commissioners Town Counsel Mangiaratti reported that Judge Tanney denied Mr. Larch's application for a preliminary injunction and the case is still on the court dockets for June 1. 9. Old Business A. Town Manager Town Manager D'Agostino reported on the following: • The high bidders on Balcom Ridge Lot Nos. 98 and 408 were Sherwood Realty Trust and Samson Building and Remodeling, respectively. Motion: Move we award Lot 98 to Sherwood Realty for $62,400 and Lot 408 to Samson Building and Remodeling for $87,750.00 (Boyle- Robinson) All in favor. Passes. • Each of the Selectmen have been given a memo requesting the most desirable days and times to visit transfer stations, one of which will be located in Braintree. • The Train Station Committee met last Friday to discuss the timetable for the commuter station RFP. Additional meetings will be scheduled. • A meeting at the Oakland Street Railroad crossing was held last Friday to discuss a proposal with National Lumber. • The Veterans Agent and Personnel Advisory Committee will review Mansfield's Affirmative Action Plan, last updated in 1995. Selectman Mahana stated he feels the Town should actively recruit minorities for employment. • The DPW Office Manager has been calling Norton Town Manager, Chris McCabe, concerning $150,000 Norton owes Mansfield for sewer bills. Town Counsel will be instructed to begin proceedings against Norton if payment has not been made within the next two weeks. • Mr. Blair, air quality expert, will begin his evaluation of the Town Hall next week. • A dinner water workshop has been scheduled with Woodard and Curran for next Thursday, April 16. Each Selectmen will pay for their own meals and will be reimbursed by the Town. • Each of the Selectmen have been given copies of water fowl by -laws for Yarmouth, Dennis, and Plymouth. The by -laws have also been submitted to Town Counsel for review. The fall Special Town Meeting will include a by -law. B. Selectmen • Animal Welfare Committee Appointment Motion: To appoint Chester MacKean as a full -time member of the Animal Welfare Committee (Boyle- Robinson) All in favor. Passes. • Selectwoman Royle encouraged residents to apply to the Cable Advisory Committee. • In response to an invitation to participate on the Train Station Committee, Clerk McCarter stated if meetings are held during the day, he will be unable to attend. 10. New Business A. Selectmen • Special Town Meeting Motion: To close the Special Town Meeting warrant. (Mahana - Robinson) All in favor. Passes. 11. 11:10 PM Adjournment Motion: To adjourn. (Mahana - McCarter) All in favor. Passes. 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