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HomeMy WebLinkAboutBOS MINUTES 10-27-1999M Board of Selectmen Minutes - o, �6 October 27, 1999 t$ �" c , J s Present: Chairwoman Royle, Clerk Wills, and Selectmen Amoruso;>Robinso -�acd McCarter c' John D'Agostino Town Manager 1. The open meeting was called to order at 7:00 PM. Motion: To enter into executive session to receive an update on litigation involving the Town. (Amoruso - McCarter) Selectman Amoruso, Aye; Selectman Robinson, Aye; Selectman McCarter, Aye; Clerk Wills, Aye; Chairwoman Royle, Aye. All in favor. Passes. 2. The open meeting reconvened at 8:00 PM followed by the pledge of allegiance. 3. Questions and Comments David Hammond, Branch Street, read in the Sun Chronicle about the latest with the rail trail in Norton and Mansfield's intent to post "No Trespass" signs. Mr. Hammond strongly suggested not posting such signs and that "Town of Mansfield" signs would be more appropriate. Mr. D'Agostino responded that he is concerned with what must be posted legally in order to protect Mansfield's land from squatters. Town Counsel responded that the "No Trespass" signs would not help but surveying the land, determining encroachments, and placing a notice on deeds would. Each encroachment would have to be looked at on a case by case basis. 4. Discussion with Robert Medeiros, Manager, VFW, and Joe Schwartz, President, Board of Directors, RE: Last Drink Complaints The Selectmen received notification in September from the Office of the Attorney General of at least four "last drink complaints" in the past six months. The purpose of this meeting was to discuss what measures, if any, have been taken by the VFW to prevent this from happening again. Mr. Medeiros explained steps that have been taken as a result of the notification: • A sign has been posted in the bar area notifying patrons of what actions may be taken if the bartender feels they have had too much to drink. • If the afternoon bartender has a problem with a patron, they have been told to notify the evening bartender. • Over the last six weeks, the bartenders have driven patrons home when the taxi companies have been closed. • Five VFW employees recently attended Tips Training. Mr. Schwartz stated that although their alcohol license is valid until 1 AM, the VFW often closes at 12 Midnight, with last call being at 11:30 PM. Board of Selectmen Questions: Board members commented that they hope other establishments in town will follow the VFW's lead with their newly adopted polices, asked if either Mr. Medeiros or Shwartz knows who the four persons are that are referenced in the notification, and asked if the VFW has had to eject anyone from the bar in the last five or six months. 5. Announcements Chairwoman Royle announced that the Annual Halloween Parade will be this coming Sunday, October 31, at 2:00 PM; Crafts Fair, November 6, 1999, from 10AM to 4PM; and the next Train Station Renovation Public Hearing will be November 9, 1999, at 7 :30 PM with a 7:00 PM registration. 6. Foxboro Stadium Update with DP W Director Lee Azinheira; Town Engineer John Sullivan; David Young, Mansfield's Consultant, CDM; and Frank Doherty, Foxboro Wastewater Consultant; and Tim McManus, Foxboro Stadium Project Director Mr. Young provided a summary of meetings to date between Mansfield and Foxboro Officials and the Patriots and reviewed a chart of Mansfield's WWTP daily flow for 1998 and the plant flow with the prorated Patriot's flow. Mr. Young explained that the additional Patriots' flow would have a minimal impact on the Treatment Plant Operations. When asked if the future Town of Norton development had been taken into consideration, Mr. Young responded affirmatively. Five sewer options outlined in the Stadium's ENF are: connection to the MWRA, development of an on -site treatment facility, development of a treatment plant as part of developing the state hospital area, partial or full discharge into the Ponset River, or connection to Mansfield's system. Mr. Young and Mr. Azinheira reviewed a draft short -term agreement for connection to Mansfield's system with the Selectmen. Mr. D'Agostino explained that should the connection become permanent, a connection fee would be imposed. Also, the flow would be taken from Foxboro's present allotment. Mr. McManus thanked the Selectmen for their extraordinary efforts working with the Patriots and explained that he would need to demonstrate to the lenders a definitive solution to the Patriots sewer needs. A long -term solution must be in place that is technically feasible. Ideally, the Patriots would like to have a long- term commitment in place with the understanding of pursuing another solution. The Patriots have not received feedback from the Foxboro Water and Sewer Commissioners. Mr. McManus would like to further discussion of what types of long -term provisions would apply and stated that he would be glad to participate in meetings reviewing treatment plant expansion. Board of Selectmen Questions: Members of the Board of Selectmen asked the following questions concerning the draft agreement: the inflow and infiltration fee and affect on present capacity, if an amendment to the present intermunicipal agreement with Foxboro will be required, inclusion of a statement in the agreement that the Patriots will disconnect from Mansfield's system with the construction of a Foxboro plant, when the five year's would begin, recycling water, and if the connection is limited to the stadium. Selectman Amoruso commented that he would prefer to see a plant built in Foxboro because there would be a greater potential for recycling the water back to the stadium. Motion: That we endorse this draft that we received labeled "Town of Mansfield position regarding Foxboro Stadium Sewer Connection to Mansfield Wastewater Treatment Plant. ( Amoruso- Robinson) All in favor. Passes. During discussion of the above motion, Branch Street resident David Hammond asked if the amount referenced in the draft agreement to be contributed towards plant expansion by the Patriots would be sufficient. 7. Town Manager Report Town Engineer John Sullivan provided an update on the Route 106 construction project. Although the deadline for Acme Cleveland to comply with the Open Air Parking Regulations and zoning is Monday, November 1, Mr. Ditchman has yet to submit his site plan to the Building Inspector. The Building Inspector requested the Selectmen take a vote on the Homestead, and Mr. D'Agostino added Clemmey Tank, under 780 CMR State Board of Building Regulations and Standards, Paragraph 121.3 Removal or making structure safe, to order the Building Inspector to immediately enter upon each premises with the proper workmen, assistants, etc. and make the structure safe, demolish without delay, or install a proper fence. A reserve fund transfer would be sought to cover the cost and a lien placed on each property to recover the funds. Board members inquired of the cost to clean up the properties and if notification had been sent out to property owners of the town's intent.. Motion: To order the Building Inspector to enter upon the properties to make an assessment. (McCarter- Robinson) All in favor. Passes. • Town Manager D'Agostino apologized to the Board for not having a revised Fee Waiver Policy prepared for their review. • Town Manager D'Agostino inquired of the Selectmen's meeting schedule on the Wednesdays prior to Veterans' Day and Thanksgiving. Chairwoman Royle responded that she would not like to meet the evening before Thanksgiving but would like to the day before Veterans'Day. In that case, Mr. D'Agostino stated he would be closing Town Hall at 4PM on November 24, 1999, and the day after Thanksgiving. The Town Hall will be closed on Veterans' Day but would remain open the day after. • Various Department Heads will be completing their comments on the 25% design stage of the Old Colony Multi- Purpose Trail. • The Finance Committee will be meeting on November 2, 1999, to review the Special Town Meeting articles. Chairwoman Royle requested the Town Manager write Mr. Ditchman a letter informing him that the Selectmen will be reviewing his license at next week's meeting. In reference to Tuesday's Finance Committee meeting, Chairwoman Royle stated she was asked if the Committee could use the Selectmen's conference room for the meeting, to which she said yes. Chairwoman Royle requested the Selectmen think about how they feel about using their conference room as a public meeting room and stated that she is leaning towards not allowing it to be used as such. Selectman Robinson agreed. Selectman Amoruso stated that he cannot see setting aside the room if the space is needed. B. Weekly Business Warrant No. 17 - $3,712,663.81 Motion: To approve. (Robinson - Amoruso) Chairwoman Royle abstained on all Board of Health items, Selectman McCarter abstained on the Municipal Building Committee payroll, and Selectman Robinson abstained on the School Department payroll and Voucher No. 36533. All in favor. Posses. • Licenses and Permits Decision on the Cable License Transfer from MedioOne to AT &T, previously approved Motion: To sign the cable license decision. (Amoruso- McCarter) (4 -0 -1) Selectman Robinson abstained. Passes. • Minutes of October 13,1999 Motion: To approve. (Amoruso - Wills) All in favor. Passes. • Request from Mike Ahern, DPW, Special Projects Manager, for a waiver of the fees associated with the construction of a tower for the Town's two -way radio system Motion: To waive the town's portion of the fees associated with the construction of the antenna for the town's two -way radio system. (Amoruso - Wills) All in favor. Passes. Correspondence State and Local Government Invitation from Bob Durand, Secretary, Executive Office Environmental Affairs, to celebrate Community Preservation Day on Wednesday, December 8, in the Great Hall of the State House from 11:30 am to 2:00 PM Miscellaneous Invitation from Cape Cod Lumber company to attend the grand opening celebration for their second location in Mansfield, 80 Hampden Road, on November 4 at 11 am $2,500 Donation from the 1999 Rodman Ride for Kids to be used for the children in our community Letter from MediaOne resubmitting the response of AT & T Corporation and MediaOne of Ohio, Inc. to the Request for Information requested at the September 8 meeting 9. Selectmen Old /New Business • Selectman McCarter requested the Chairman schedule a discussion regarding development of a water extension policy on a future agenda Selectman Amoruso requested input from DPW on a suggested threshold for the discussion. • Chairwoman Royle requested information from the Board of Assessors prior to the Tax Classification Hearing scheduled for November 10, 1999. • Chairwoman Royle noted that bricks are missing from the crosswalk on Main Street near Barrows Insurance. • Selectman Robinson suggested rescheduling the next Light Commissioners Meeting to November 8 because the Light Department Director will be unable to attend on November 1 and the Board agreed. i 10. Special Town Meeting Article Review The Board reviewed the Special Town Meeting articles and commented on and asked questions concerning the following: • Reason for the request to transfer $5,000 from the Engineering Department salary account to the Engineering Department Expense Account for Professional Technical Services • Where the funds would come from to clear trees at the Plymouth Street Recreational Facility, who cleared trees previously, the cost, and if the stumps were pulled. • Change the wording of the article seeking funding for Plymouth Street Recreational Field Development to agree with Town Counsel's recommendation in his letter dated October 20, 1999. • Town Manager D'Agostino will request written confirmation from GATRA that the North Main Street /Route 106 intersection will be improved as part of the Train Station Renovation project. • The article to upgrade the Town Hall chiller should be amended to fund an engineering study for the upgrade. • Clarification of the cost and sponsor of the feasibility study for the Multi - Sports Complex article is necessary. �. Articles 25 -29, amendments to the General By -Laws Chapters 1 and 2 will be removed as recommended by Town Counsel in his letter dated October 20, 1999. Motion: To sign the Special Town Meeting warrant as amended. (Amoruso - Wills) All in favor. Posses. 11. Adjournment 11:05PM Motion: To adjourn. (Robinson - Amoruso) All in favor. Passes. Clerk's 5 afore Date of A proval