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HomeMy WebLinkAboutBOS MINUTES 8-26-1998r F P F I C n IF Board of Selectmen ICE Minutes S3 SDP -4 iiSI 9' 11 August 26,1998 r'. LLD Present: Chairman Madan, Acting Clerk Mahana, Selectmen luinson �and1R' ja S John D'Agostino, Town Manager 1. 7:30 PM Executive Session Chairman Madan polled the Board of Selectmen to go into executive session to discuss a criminal investigation. Selectman Robinson — Aye. Selectwoman Royle — Aye. Chairman Madan — Aye. Selectman Mahana - Aye. 2. The open meeting was called to order at 8:30 PM followed by the pledge of allegiance. Motion: To appoint Selectman Mahana Acting Clerk. (Boyle- Robinson) All in favor. Passes. 3. 8 :00 PM Cobb Street Pole Location continued public hearing Town Manager D'Agostino suggested the Board of Selectmen close the public hearing for the location of telephone poles on Cobb Street to service the Village at Willow Crossing. The approved plan for the Village development requires the Town to run overhead utility wires on the first three poles and run the balance of utilities underground, which conflicts with the application before the Selectmen for this hearing. Mr. D'Agostino recommended the Selectmen support running the utilities underground from South Main Street to the interceptor. Motion: To close the Cobb Street pole location hearing. (Robinson - Mahana) All in favor. Passes 4. 8:30 PM Discussion with Jim Higgins re: Indoor Recreation Space Needs Mr. Higgins requested the Selectmen's support of an article on the Special Town Meeting warrant funding an indoor - recreational area at the Qualter's Middle School, which would be eligible for 2/3 reimbursement by the State. Town Manager D'Agostino suggested forming a Committee to discuss expansion of Town recreational facilities. Motion: To support the concept based upon 2/3 reimbursement by the State. (Mahana - Royle) All in favor. Passes. The Town Manager will discuss Mr. Higgins proposal with Superintendent Moretti and the School Committee. 5. 8:50 PM Discussion re: Open Air Parking Regulations Town Manager D'Agostino reviewed draft open air parking regulations with the Board of Selectmen, which are the result of many meetings with Town Staff. A public hearing is not required prior to the Board's adoption of the regulations, however a notice of this meeting was placed on cable and present license holders were notified and their input was invited. Public Comments Bill Offanato, representing the Clemmey family, asked several questions concerning the regulations and made many suggestions, copy attached. Nancy Gray McNeeley, questioned the need for No. 4, requiring an attendant on duty at all times; expressed opposition to submitting a list of parking fees charged to the Selectmen for approval; and questioned the intent of No. 16 concerning cleaning up the parking facilities and the need to provide portable toilet facilities in the lots. Selectwoman Royle stated she is not sure she agrees with No. 7, requiring portable facilities; that she cannot support requiring the license holders to submit their fees to the Selectmen; she would like to see the Statute sited in No. 22, and questioned No. 16 concerning lot clean up. 9:35 PMMotion: To close the public hearing. ( Mahana- Royle) All in favor. Passes. 6. Weekly Business A. Warrants • Warrant No. 8 Motion: So moved. (Robinson - Royle) All in favor. Chiarman Madan abstained from all Building Department items, and Selectwoman Royle abstained from all Board of Health items. Passes. • Warrant No. 9 Motion: So moved. ( Mahana- Royle) All in favor. Chiarman Madan abstained from all Building Department items, and Selectwoman Royle abstained from all Board of Health items. Passes. B. Minutes of August 12, 1998 Motion: So moved. (Robinson - Mahana) All in favor. Passes. C. Licenses and Permits Letter from Fred and Julie Acker requesting an extension on submitting the balance on their bid for Lot 408 of the Balcom Ridge Subdivision Motion: To grant the two -week extension. ( Royle- Mahana) All in favor. Passes. ( Request from Walter Parker, Director, Buildings and Grounds, for a waiver of the Town's portion of electrical maintenance permit fees and all plumbing and building permit fees from September 1, 1998, to September 1, 1999. Motion: So moved. (Boyle- Robinson) (3 -0 -1). Chairman Madan abstained. Passes. Selectwoman Royle stated she would like the Selectmen to develop a policy for fee waivers. Memorandum from Superintendent of Schools John Moretti in favor of designated several "No Parking" spaces at the East Street School complex as recommended by Traffic Safety Officer Lance Lawson Motion: To support or approve the parking plan as submitted by Lance Lawson for the East Street School District. Royle Robinson All in favor. Passes. D. Correspondence Action: Request for permission from Sue Call , 53 Bella Vista Avenue, to close Bella Vista Avenue on Saturday, September 19, to hold a block party from approximately 1 -8pm. The Police Chief approved the request and recommends close attention must be paid to signage. Wooden, lighted sawhorses must be used at both ends due to the earlier onset of darkness. Motion: So moved. (Robinson - Mahana) All in favor. Passes. Letter from Keith Purrier requesting permission to hold the First Annual Bill Kelley Memorial 5K Road Race in the Mansfield Industrial Park on Sunday, November 22, 1998 The Police Chief states the Police Department will assist and cooperate in very possible way. Motion: So moved. ( Mahana- Royle) All in favor. Passes. 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 with attached memorandum from the Town Manager stating the actual cost of water lost by Ms. Ross equates to $1.58. Motion: To send a letter to Paulette Ross stating the actual cost of water lost was $1.58 and that the Board of Selectmen will not be reimbursing her for that. (Boyle- Mahana) All in favor. Passes. Letter from Mr. and Mrs. Spiewakowski, 1101 West Street, requesting the Selectmen initiate a study to determine what improvements could be made to the 50 yard section of road in front of their home Mr. Spiewakowski addressed the Board of Selectmen expressing his concerns. Mr. D'Agostino stated he put together a letter in response to Mr. and Mrs. Spiewakowski stating that their letter was forwarded to the Police Chief and Town Engineer for their review and recommendation. Marianne Campisano, resident, stated that she is also very concerned about this stretch of roadway and asked if something could be done. Ms. Campisano's daughter was involved in an accident in the area. Both Mr. Spiewakowski and Ms. Campisano requested that they be included in any future discussions. Board and Committee: Letter from the Planning Board stating on July 29 the Planning Board voted to unanimously not to support acceptance of any paper streets, unpaved streets, or streets constructed under Subdivision Control Law that do not meet street acceptance standards. Streets the Board is not supporting for acceptance are: Bicentennial Court, Keefe Street, Liberty Street, Maryalice Way, and Shawmut Avenue Extension. The Selectmen's public hearing is scheduled for September 16 at 8:15 PM. State and Local Government Letter from Elizabeth Crimmins, Legislative Intern, requesting at Representative Hyland's request, that the Selectmen fill out the attached form nominating an individual or organization from Mansfield whom you believe has contributed the greatest to the open space effort open space Motion: To nominate Leneord Flynn. (Boyle- Robinson) All in favor. Passes. Miscellaneous Letter from Ken Butler, Mansfield Music and Arts Society, asking the following relative to their September 26 Outdoor Arts Festival on the South Common: 1.) that they be informed of any restrictions regarding use of the common, DPW responded that there are none; 2.)If they may post their painted Arts Festival Signs on the North and South Commons beginning the last week in August; 3.) If there are any changes in electrical hook ups for food vendors that they should be made aware of The Light Department responded that the same power sources exist as last years; 4.) If parking will be permitted behind the Town Hall; and 5.) If use of Town Hall toilet facilities would be permitted, DPW responded that if the Town Hall is left open for the use of the facilities, a DPW employee would have to be hired to stay in the Town Hall. Letter from Mansfield Physical Therapy Inc. disputing their offices water bill for the April 10, 1998, to July 6, 1998, billing period and requesting an adjustment to the bill Physical Therapy Motion: That we do not make an adjustment to Mansfield Physical Therapy's bill and respond with an explanation. (Royle- Robinson) All in favor. Passes. Other Town Manager and Staff Memorandum from Town Manager John D'Agostino, concerning the donation of land to the Town of Mansfield by a certain developer and recommending the developer indicate if the property would be deeded for passive or active recreational purposes Memorandum from John D'Agostino, Town Manager, stating a workshop has been scheduled with the town's auditors, to discuss the audit management letter on September 1 at 7pm Report and Pumping Data for 1998 from the Water Department Miscellaneous Letter from Joel Bard, Kopelman and Paige, P.C., indicating that Motorola, Inc. v. Town of Mansfield et al has been dismissed Letter from Goldman Environmental Consultants Inc. notifying the Selectmen, on behalf of Hogan Transport, of their submittal of an Immediate Response Action Completion Report and Response Action Outcome Statement to the Mass DEP for the Interstate 495 Southbound, Exits 11 & 12 Letter from Katie Graycar, Braintree, MA, stating that they are very grateful for the security at the VIP Parking at Great Woods Ms. Graycar left her backpack in the VIP lot and received a call by 12:30 that night by an employee of the Clemmey Parking Lot stating they found it. When Ms. Graycar received her backpack, everything was still in its place. Letter from Alexander Bardow, Mass Highway Bridge Engineer, with enclosed diver activity reports for bridges with storm related deficiencies in Mansfield; Inspections were conducted on bridges that experienced flooding during the June 12 -30, 1998, heavy rains. 7. Discussion regarding the Town of Norton's Payment Terms for the Sludge Compost Facility Motion: To extend the same terms and conditions as Foxboro to Norton regarding construction of the sludge compost facility. (Boyle- Robinson) All in favor. Passes. 8. Old Business A. Town Manager Town Manager D'Agostino reported on the following: A workshop has been scheduled with the Foxboro Water and Sewer Commissioners and Norton Board of Selectmen for September 24 at 7:30 PM. A workshop among the Board of Selectmen, Finance Committee, Auditors, and Town Accountant has been scheduled for Tuesday, September 1, at 7:00 PM to discuss the FY97 management letter. • Construction on the sound absorption structure for the Town Hall chiller unit began this week. • The Building Inspector has issued the Walsh Well site project foundation permit. • As requested, the well pumping figures for this past month should be in the Reading Folder. • Jack Beliveau has been selected as the Light Department Director with a starting salary of $70,000 per annum. • The Town Manager, Town Treasurer, and Accountant are working on the Free Cash figure and a recommendation for same. • The Municipal Building Committee and School Committee have requested the Selectmen postpone the Special Town Meeting for one week. Motion: To hold the Special Town Meeting on October 26, 1998. ( Royle- Mahana) All in favor. Passes. • A street acceptance hearing has been scheduled for September 16, 1998, at 8:15 PM. • Gatra requested additional information from Frederick Harris and VHB on their ( proposals for the train station. The selected firm will be announced later this week or early next week by Mr. Gay of Gatra and Town Manager D'Agostino. • A one -hour cable segment on rail safety was completed on Monday and will air on Channel 15. Mansfield will be receiving some fencing from Amtrak throughout town. B. Selectmen • Selectwoman Royle requested the Town install a sign on Oakland Street warning motorists of the bump in the roadway. Selectwoman Royle also asked if the City of Attleboro granted Jack Smith a water connection for his subdivision. Lastly, Selectwoman Royle stated she learned that a California firm dropped its plans to move to Mansfield, that she is concerned about the number of vacancies in the industrial park, and suggested more communication with the Industrial Development Commission. In response, Mr. D'Agostino stated he feels the Town needs to fiber optically link the buildings in the industrial park to attract new businesses and to create more of a competitive edge. • Selectwoman Royle reminded the public of Thursday's Farmers' Market downtown. 9. New Business A. Town Manager • Town Manager D'Agostino stated he is reviewing placing an article on the Special Town Meeting Warrant to accept the provisions of the Quinn Bill for police officers. The article must be accepted by the Town before receiving reimbursement from the State. • Mr. D'Agostino stated he would like to establish a workshop with the Board of Selectmen and Finance Team regarding free cash policy issues. B. Selectmen • Selectman Robinson asked if it is still necessary for the Town to maintain Phase 1 of the water ban. • Selectwoman Royle asked if the Town Manager had given any thought to hiring a technology person and stated that she feels the position is greatly needed. • Chairman Madan stated that the Pratt Street /Oakland Street intersection is confusing because no signage is posted stating motorists cannot make a turn onto the one -way section of Oakland Street. The intersections near Genus and Thomas Street are also confusing. • Acting Clerk Mahana requested that the Cable Access Bulletin Board be updated. 10. 10:35 Adjournment Clerk's Signature Date of Approval t FIRST ASK FOR A FORUM t ( Initial overview - Did other businesses in town have an opportunity to review and discuss proposals and have input before presentation to the selectmen? 1) Commercial parking facilities - "Definiation" "all" - who is included ?? Who decided 10 cars. 2) No Gate? Lock -up ? ?? Broken down vehicles. Towed for what reason ? ?? By Whom ? ?? Who decides ? ?? And when ? ?? 3) Last line ambigious 4) Again - Lock -up ? ?? Broken down ? ?? Even if after 3 hours. Do all businesses in town have standardized lettering? Do these conform with other town ordinances? 5) Discrimination - # of cops decided by the board based on # of spaces. Pay 10 days from receipt of invoice? Are all businesses that use a paid detail officer required to pay in 10 days. o 6) Why 400 cars? 7) Discrimination - Who mandates this? Health Dept. reg's? Has the health department had imput? Do others have this same restriction> 8) Backing onto road not able to control by us. 9) Discrimination - Justify Why variable rates? Does it cost more to administer 200 cars vs. 225 ? ?? 10) Discrimination - Do all applicants for license renewal need 60 days? 11) NN%y does the board want to duplicate(O -tass highway Annuai Trains Plan. The town cannot supersede the state plan. 12) Discrimination - Unreasonable - Do other businesses have to give retail price lists to obtain a license. Why is it necessary> — 13) Detmacion rYeeaed 14) Discrimination - "A" frame on sidewalk? Is this restriction on ail businesses? (sidewalk sale ? ? ?) Cannot restrict normal business activities on private property. 15) How about town employees? Do they have to abide ?? 16) Discrimination - Do other businesses have this requirement? How many complaints have been registered? How many times did someone have to come and clean the lot? r r 17) Defination 18) Do other businesses in town have this in their regulations? Define how many ?? Where, Place ?? What side ? ?? What code ? ?? t+ of t3a"-�5 19) Discrimination - Is 48 hours required by all businesses to notify? What time they will open. Define what constitutes a public safety situation? 20) Basically O.K. (look at application) L ` , r C O � j �� 7 21) Deferred to state statute TZ Xr 22) Deferred to state statute