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HomeMy WebLinkAboutBOS MINUTES 8-12-1998Board of Selectmen Minutes August 12, 1998 Present: Chairman Madan, Clerk McCarter, Selectmen Mahana, Robinson, and Royle °8 %l.1G 28 G„ 10: 09 John D'A ostino, Town Manager g g t- IA10) ACIIJS''GTTS 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant Nos. 5, 6, & 7 • Warrant No. 5 - $1,118,430.88 Motion: To approve. ( Royle- McCarter) All in favor. Chairman Madan abstained from all Building Department items, Clerk McCarter abstained from all Municipal Building Committee items, and Selectwoman Royle abstained from all Board of Health items. Passes. • Warrant No. 6 - $2,890,975.48 Motion: To approve. (Boyle- McCarter) All in favor. Chairman Madan abstained from all Building Department items, Clerk McCarter abstained from all Municipal Building Committee items, and Selectwoman Royle abstained from all Board of Health items. Passes. • Warrant No. 7 - $838,697.69 Motion: To approve. (Boyle- Mahana) All in favor. Chairman Madan abstained from all Building Department items, Clerk McCarter abstained from all Municipal Building Committee items, and Selectwoman Royle abstained from all Board of Health items. Passes. B. Minutes of July 22, 1998 Motion: To approve (McCarter - Mahana) (3 -0 -2) Passes. Selectmen Robinson and Royle abstained. C. Licenses and Permits • Request from Bob Morrison, Assistant DPW Director, for a waiver of the site plan fees associated with the Walsh Wellfreld Motion: So moved. (Mahana - Royle) All in favor. Passes • Drainlayers Application of Efficient Excavating Motion: To approve. ( Royle- McCarter) All in favor. Passes. • Drainlayers Application of G. Lopes Construction Motion: So moved. (Mahana- McCarter) All in favor. Passes. • Drainlayers Application of Guerinni Landscaping Motion: So moved. ( Royle- Robinson) All in favor. Passes. • Drainlayers Application of J. Fiske Construction Inc. Motion: To approve. (Boyle- Mahana) All in favor. Passes. • Local Official Bonds for Richard Boucher as the Town's Treasurer and Collector Motion: To authorize the Chairman to sign the bonds for the positions of Treasurer and Collector. (Boyle- McCarter) All in favor. Passes. D. Correspondence Action Resident Letter from Sharon Creighton, 31 Patty's Road, requesting permission to hold a block party on Saturday, August 29, 1998, from 3:00 PM to 11:00 PM Motion: So moved. (Robinson Royle) All in favor. Passes. Petition from James Street residents requesting the Selectmen direct the Town Manager to request the Mansfield Police Department conduct speed monitoring on James Street, specifically during morning and evening commuting hours and from 7PM to 9PM The Town Manager stated he would discuss the request with the Police Chief. Letter from Paulett Ross, 159 High Street, requesting a rebate on water spilled when her washing machine hot water hose broke on June 8, more than 600 gallons of water This letter was originally addressed to Mr. Morrison but Ms. Ross states he directed her to the Water and Sewer Commissioners. Motion: To give her a rebate for the 600 gallons of water lost. (McCarter -No Second) Tabled until the next meeting. Letter from Richard Feeley, Vice President, Mansfield Little League, requesting a waiver of any permitting or inspection fees associated with construction of a covered concrete patio at the Otis Street complex Motion: To waive the town's portion of any fees in conjunction with the concrete patio for the little league complex on Otis Street. ( Royle- McCarter) All in favor. Passes. Town Manager and Staff memorandum from Helen Christian, Town Clerk, requesting the Selectmen appoint the attached list of election workers from September 1, 1998 to September 1, 1999 Motion: To approve the list of election workers for the time frame of September 1, 1998 to September 1, 1999. ( Royle- Robinson) All in favor. Passes. Memorandum from Helen Christian, Town Clerk, requesting the Selectmen set the polling hours for the State Primary and Election Motion:. Move to set the polling hours from lam to 8pm. (Mahana — Royle) amendment: To set the polling hours from 6am to 8pm. (Mahana - Royle) All in favor. Passes. Memorandum from Police Chief O'Neill requesting the Selectmen act on Officer Lawson's request for new "No Parking Zones" along East Street in the School District. East Street parking - Royle asked if this was discussed with the school dept at all; Motion: To approve contingent upon the Superintendents' and School Committee's review and concurrence. (Mahana- Royle) all in favor. Passes. Letter from Robert Mangiaratti, Town Counsel, asking how the Selectmen would like him to respond to Attorney Dean's request for the Selectmen to reconsider their position requiring his clients, Ian and Joanne MacDonald , to conduct a second survey on their property located at 165 -171 North Main Street. An earlier survey revealed portions of their building located on the property encroaches upon town -owned land. Motion: That a second survey be conducted. (Mahana- Robinson) (3 -1 -1) Clerk McCarter opposed, and Selectwoman Royle abstained. Passes. Miscellaneous Letter from Jeffrey Nyren, Winston Builders Corporation, requesting a waiver of the town's portion of the building permit fee for the Robert E. Walsh Treatment Facility Motion: To waive the town's portion of the building permit fee. (Mahana - Royle) All in favor. Passes. Other Resident Petition from Creeden Street residents stating they support the town's efforts to make Creeden Street and other streets eligible for financial reimbursement under Chapter 90 but that they would oppose the efforts if, as a result, Creeden Street loses its identity as a dead -end street Letter from Carole Matthew, 108 Elyse Road, commenting on statements made by a Conservation Commission applicant during his interview Letter from Karl Clemmey, 390 West Street, concerning drunk driving convictions at Great Woods Letter from Karl Clemmey, 390 West Street, concerning the McNeeley open air parking facility located at 888 South Main Street Letter from Joseph Baldasare, 14 Comod Court, urging the Selectmen to put a stop to the proposed Great Waves Water Park Letter from Regina Woods, 18 Lewis Road, expressing displeasure with the way train - parking regulations are enforced Town Manager D'Agostino noted that the Police Chief is presently reviewing an appeals process for parking tickets. Motion: To refer to the Chief for review. (McCarter - Mahana) All in favor. Passes. Letter from Maureen McLauglin, 36 Newton Street, regarding an incident at the Ozzfest Boards and Committees Letter from Kevin McNatt, President, Mansfield Historical Society, stating Mansfield's incorporation date on the sign at the Easton town line is wrong. The date on the sign is 1770, when it should be 1775. The Town Manager will revietip the sign and if it is incorrect, it will be corrected. Town Manager and Staff Letter from Robert Mangiaratti, Town Counsel, regarding an incident at the Ozzfest Memorandum from Police Chief O'Neill stating Mass Highway Engineers feel Winter Street's posted speed limit is proper and that no reduction is called for or will be allowed Letter from Max Volterra, Town Counsel, concerning requiring liquor license holders to attend TIPS training Seleoponian Royle stated that she would like the licensed establishment's Manager or designee to be trained in Tips, not on a yearly basis. Motion: That the Town Manager develop a regulation for the Selectmen's review and approval. (Boyle- Robinson) All in favor. Passes. State and Local Government Letter from the Department of Housing and Community Development regretfully informing the Selectmen that Mansfield's letter of interest for a FY99 Municipal Incentive Grant was denied Letter from the Executive Office of Environmental Affairs, Department of Environmental Management, concerning the Fulton Pond Dam project Letter from Mass Highway with attached Procedures for Speed Zoning on State and Municipal Roadways Miscellaneous Letter from Jonathan Muskrat, Recycle for Gold Special Olympics Gold, thanking the Selectmen for their support 2. Questions and Comments Karl Clemmey, 390 West Street, suggested the Selectmen establish regulations for the proposed Great Waves water park and distributed excerpts from the BOSTON magazine concerning Great Woods Center for the Performing Arts. 3. 8:15 Cobb Street Pole Location Public Hearing Clerk McCarter read the public hearing notice aloud. A representative of Bell- Atlantic explained install five additional poles on Cobb Street to retirement facility. Public Comment their application to remove two poles and service the new Village at Willow Crossing Karl Clemmey, 390 West Street, objected to the application, stating he feels the new pole locations would require an amendment to the Village at Willow Crossing's special permit because the approved plans call for underground electric. Mr. Clemmey also stated that the proposed locations fall directly in front of several house lots and one proposed pole is located in the middle of a proposed subdivision right -of -way. Lastly, Mr. Clemmey stated that the proposed pole locations are located on a sewer interceptor and that the plans should be reviewed by the Town Engineer and Planning Director. Board of Selectmen Questions ( Members of the Board of Selectmen suggested Bell- Atlantic discuss Mr. Clemmey's concerns with him and that the Planning Director and /or Town Engineer review the application and provide their recommendations to the Selectmen. Motion: To continue the hearing to August 26 at 8pm. (Boyle- Mahana) All in favor. Passes. 4. 8: 40 PM Thana Liquor License Change in Officers/Directors/Stockholders Public Hearing Peter K. Y. Chan, Manager, and his attorney, Fred Giandomenico, were present for this hearing. Clerk McCarter read the public hearing notice aloud, and Attorney Giandomenico explained the application to the Board of Selectmen. Board of Selectmen Questions Members of the Board asked if Mr. Chan had acted on the Selectmen's previous recommendation for employees of his establishment to attend Tips training or its equivalent. Mr. Chan responded that a professional would provide training to bartenders and wait staff at his establishment. Motion: To approve the transfer of the liquor license as requested. (Mahana - Royle) All in favor. Passes. 5. 8:50 PM Board and Committee Interviews j A. Conservation Commission James Starr introduced himself to the Selectmen. Members of the Board of Selectmen asked Mr. Starr questions concerning the following: previous attendance at Conservation Commission meetings, Conservation's role in the community, best and worst developments in town, and ability to be fair with applicants. B. Recreation Commission Lynne McDonnell introduced herself to the Board of Selectmen. Members of the Board of Selectmen asked Ms. McDonnell questions concerning the following: suggested improvements to the Commission, opinion on private donations for public fields and still charging for use, and possible recreation programs for residents other than kids. 6. Board and Committee Appointments A. Conservation Commission Selectman Mahana nominated Paul Boyden who received three votes from Chairman Madan, Selectman Mahana, and Selectwoman Royle Selectman Robinson nominated James Star, who received two votes from Selectmen Robinson and McCarter B. Board of Health Selectwoman Royle excused herself for the Board of Health appointment. Clerk McCarter nominated Robert Barnes, who received one vote from Selectman McCarter. Selectman Robinson nominated Phil Giangara, who received three voted from Chairman Madan and Selectmen Mahana and Robinson. C. Recreation Commission Selectwoman Royle nominated Lynne McDonnell , who received three votes from Chairman Madan and Selectmen Royle and Robinson. Clerk McCarter nominated Jim Higgins, who received two votes from Clerk McCarter and Selectman Mahana. Selectman Robinson nominated James Leaverton, who received three votes from Chairman Madan and Selectmen Robinson and Royle. Clerk McCarter nominated Michael Clemmey, who received one vote from Selectman McCarter. Selectman Mahana nominated Peter Presentato, who received one vote from Selectman Mahana. 7. Old Business A. Town Manager Town Manager D'Agostino reported on the following: • Construction will begin on the Fulton's Pond dam August 17. • The Town Manager should have an indication on the status of free cash by the end of the week and would like to schedule a workshop between the Selectmen and the Town's auditors, Brown and Barrett, to review the management letter in detail. Mr. D'Agostino recommended the Town remain within the limits of free cash and commit the funds for one -time capital expenditures only. The Police Department will need to make up for a shortfall of $48,000- $52,000 in their budget at the Fall Town Meeting. • The finalists for the train station development - -Stone and Webster, VHB, and Frederick Harris —were interviewed August 11 by the Train Station Committee. Selection of a firm is anticipated by the end of this week or beginning of next week. • The open air parking regulations are scheduled for review by the Selectmen on August 26 and should be posted as a public meeting to receive input. • The Foxboro Water and Sewer Commissioners would like to hold the next quarterly meeting on either September 23 or 24 and will also be notifying the Norton Water and Sewer Commissioners of the meeting. • The Town of Norton paid its outstanding sewer balance and have requested that we establish the same terms and conditions as we did for Foxboro for the sludge compost facility construction cost. Selectman Mahana stated he would like to include a late penalty in any agreement made. • Winston Builders notified the Town that they are waiting for officials to issue a permit for the Walsh Well Treatment Plant. A site plan meeting is scheduled for August 17. A meeting will also be held with the Tata & Howard to resolve issues relative to the site plan review. The Planning Board will conduct a Municipal Clearinghouse review of the project as well. • Town Counsel's opinion on the Town's payment of the $33,000 bill submitted by Rubin and Rudman is in each of the Selectmen's meeting folders. • Various Department Heads met with Great Waves representatives to discuss their concerns. Clerk McCarter asked the Manager to investigate which agreements are still valid between Great Waves and Great Woods, with the new ownership of Great Woods. B. Selectmen • Selectman Robinson noted that he received information on the "pooper scooper" by law and thanked the Town Manager. • In reference to two memorandums in the Reading Folder, one from Lorilee Fish, Recreation Director, and the other from Robert Morrison, Assistant DPW Director, concerning a donation of land, Selectwoman Royle asked if Department have the ability to accept land. • Selectwoman Royle asked if the Selectmen are in receipt of the monthly water pumping chart for July, if the Charles Street leak was ever fixed, and who would be covering for Mr. Morrison on a day -to -day basis while he is recovering from his heart attack. The Farmers Market will be Thursday from 2pm to 7pm, Town Manager D'Agostino stated that DPW would be posting sighs advertising the market throughout town as requested by Doreen Tighe. • Lastly, Selectwoman Royle noted the sewerage treatment plant received an excellent rating from The Good. Bad, and the Ugly, Save the Bay Report, and commended the Treatment Plant Manager, Ken Hackett. Motion: That we, as Sewer Commissioners, send Ken Hackett and his staff a letter thanking them for their outstanding work. ( Royle — McCarter) All in favor. Passes. • Selectwoman Royle noted curbside recycling pick up is now every week and encouraged residents to recycle. • Selectman Mahana stated with the anticipated donation from Great Waves for water conservation measures he would like to consider buying water heads and distributing them to residents free of charge. Town Manager D'Agostino stated that he is not in favor of a one -time donation from Great Waves but is in favor of a donation on a yearly basis. • Clerk McCarter inquired about the status of hiring an Electric Department Director and stated that he would like to schedule the next Light Commissioners meeting when the candidate is available. A consensus of the Commissioners were in favor of posting a meeting on August 31. Clerk McCarter asked if the fence that looks like it is sunken into the ground adjacent to the South Common could be repaired and if the Doughboy monument could be cleaned up. • Chairman Madan asked if a part-time parking enforcement officer had been hired yet. 8. New Business • Selectman Robinson announced that Mansfield would be hosting the next Bristol County Selectmen's Association dinner in November. Selectman Robinson suggested the Town make sure Mansfield is in line with the new school bus regulations. Lastly, Selectman Robinson stated that someone was caught Saturday dumping roof shingles at the recycle center and that he would discuss the incident with the Town Manager. Selectwoman Royle suggested a person should work at the gate of the center checking stickers and for hazardous waste. Selectwoman Royle announced that the Health Department is still selling odor digester at $12.60 a bottle. Selectman Mahana commented on articles in the BOSTON magazine submitted earlier in the evening by Karl Clemmey, requested Clerk McCarter read letters concerning the Great Woods Ozzfest aloud. Discussion among the Selectmen and Town Manager followed concerning the time frame for receiving a police report on the Ozzfest incident and the procedure for holding a hearing on the incident. • Selectman Mahana stated he received complaints about a lot of dust on both Pratt and Cobb Streets as a result of construction. Clerk McCarter congratulated Selectman Robinson on his appointment of Vice President of the Bristol County Selectmen's Association. • Chiarman Madan asked if the Board members would like to hold the Fall Special Town Meeting on a Saturday or Monday. Selectwoman Royle asked if the meeting could convene at 7:00 PM. Motion: Move that we start the Special Town Meeting at 7:00 PM. ( Royle- Mahana) All in favor. Passes. 9. 10:30 PM Adjournment Motion: To adjourn. (Mahana - Royle) All in favor. Passes. Clerk's Signature Date of Approval