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HomeMy WebLinkAboutBOS MINUTES 10-6-1999Board of Selectmen Minutes October 6, 1999 R EUAM 1. 7:30 PM Executive Session Motion: To enter into executive session for an update on strategy foci litigamtj tjollan adjourn to recommence our regular meeting in open session-& S "U; ';'> ,l f r1S (Amoruso- Robinson ) Selectman Robinson Aye; Selectman McCarter Aye; Selectman Amoruso Aye; Clerk Wills Aye; Chairwoman Royle Aye. All in favor. Passes. 2. 8:45 PM FY99 Auditors Report The Town's auditors, Steve Barrett and Bob Brown, were present, as was the Town Accountant, Bea Kearney, and Treasurer - Collector Richard Boucher. The auditors reviewed the audit reports with the Selectmen and noted that the Selectmen may be concerned with the lack of cash reconciliation required as part of the Federal Government grant programs and the overall lack of reconciling accounts in a timely manner. Questions and Comments Members of the Board commented on and asked questions concerning the following: Y2K compliance (not part of the audit), anticipated response from the Federal Government concerning lack of reconciliation (have not heard of receiving a response from the Federal Govt), Mansfield's overall financial situation (savings could be increased), and the recommended percentage of the total budget that should be placed in stabilization each year (at least $2 Million). Mr. D'Agostino commented that lie is concerned about free cash and the lack of reconciliation and that he has been assured by the Treasurer - Collector that reconciliation will not be an issue next year. An additional staff person may be hired to assist the Treasurer. This issue existed prior to the present Treasurer - Collector and Town Manager, and Mr. D'Agostino will not continue to tolerate it. 3. 9:15 PM Zoning Board of Appeals Appointments Clerk Wills nominated Olivier Kozlowski to fill a vacant full membership position with a term expiring January 1, 2001, which received a unanimous vote of the Board. Mr. Kozlowski was appointed to the full vacant position on the Zoning Board of Appeals. Clerk Wills nominated Peter DeTrolio to fill the associate position vacated by Olivier Kozlowski, for a term to expire January 1, 2002. Mr. DeTrolio received two votes, one each from Clerk Wills and Selectman McCarter. Selectman Amoruso nominated Elisabeth Garber- Miller to fill the associate position vacated by Olivier Kozlowski, for a term to expire January 1, 2002. Ms. Garber - Miller received three votes, one each from Chairwoman Royle and Selectmen Robinson and Amoruso, and was, therefore, appointed. 4. Weeldy Business A. Warrant No. 14 Motion: To approve. (Amoroso- Robinson) All in favor. Chairwoman Royle abstained on all Board of Health items; Selectman Robinson abstained on the School Department payroll; and Selectman McCarter abstained on the Municipal Building Committee payroll. B. Minutes • Executive Session Minutes of July 9, 1997 Motion: To release. (Amoruso - Wills) All in favor. Passes. • Executive Session Minutes of September 22, 1999 Motion: To approve but not release. (Amoruso- McCarter) All in favor. Passes. • Minutes of September 29, 1999 Motion: To approve. (Amoruso - Wills) All in favor. Passes. C. Correspondence Action Resident Request from Carole Maguire, 149 Lawndale Road, for permission to hold a block party on Saturday, October 16, from 2 -6pm and block off a section of Lawndale Road from 149 to 159 Forimrded to Police and Fire Departments for rei,iew and recommendation. Motion: So moved subject to the recommended proviso. (Amoruso - Wills) All in favor. Passes. Request from Rick and Claudia Rys, 1-Cherry Street, for permission to close Cherry Street on Saturday, September 9, from 2 -6pm, to hold a block party Motion: So moved subject to the recommended proviso. (Amoruso - Wills) All in favor. Passes. Other Resident Letter from Lou Andrews, 255 Fruit Street, requesting the Board of Selectmen reconsider its position on the Great Waves project Letter from Mary Andrews, 255 Fruit Street, requesting the Board of Selectmen reconsider its position Board and Committee Memorandum from H. Thomas French, Jr., Chairman, Planning Board, stating the Planning Board issued a special permit to Theodore Kyriakidis for an auto body repair business and sale of used cars at 30 Mansfield Avenue and that the maximum number of vehicles that may be displayed on site, in accordance with the special permit, is five at any given time State and Local Government Letter from Robert Kimball, Chairman, Norton Board of Selectmen, concerning the Old Colony Multi- Purpose Trail Miscellaneous Letter from Chris Riley, Manager, Community Relations, Amtrak, providing an update on the installation of fencing and noise mitigation as part of Amtrak's High Speed Rail Project Town Manager D Agostino stated that he would like to forward Mr. Riley's letter to Congressman Frank and ask that he obtain sufficient funding to install fencing in the areas identified as a high priority in Mansfield Selectman Robinson requested and Chairwoman Royle agreed that the Town Manager invite Mr. Riley to a f rt re meeting. Town Manager D'Agostino will send Mr. Riley a letter. Letter from MediaOne in response to Mansfield's request for supplemental information Copies in your packets Letter from MediaOne with attached FCC Form 1240, Rate Form, which reflects the maximum allowable rate for Mansfield. MediaOne has not yet determined what Mansfield's Basic Service Tier rate will be. Rate adjustments will occur in Mansfield on or about January 1, 2000. Town Manager D'Agostino received a letter from Warren A. McKay, Foxborough Water Superintendent, requesting an emergency sewer tie in for 28 Main Street, which is located in the Critical Needs Area in Foxboro. Motion: To approve the hook up for 28 Main Street, located within the Critical Needs Area in Foxboro, as provided in the above referenced letter dated October 5, subject to the Town Engineer's recommendation. (Amoruso- Robinson) All in favor. Passes. 5. Town Manager Report • DPW will be cleaning the brush along Old Colony Way located on private property. Mr. D'Agostino requested DPW ascertain the cost and a lien will be placed on the property for that amount. Clerk Wills suggested the Manager send the property owners a letter requesting that they clean the brush and notify them of the Town's intent if they do not. Town Manager D'Agostino responded that it is the Town's intent to notify the property owner first. The brush needs to be removed because it is located on private property but is encroaching upon the Town right -of -way. There are approximately fifty to sixty other areas in Town where the property owners will receive a letter from the Town. Chairwoman Royle commented that she received a copy of the draft letter and that it does not filly explain the Town's intent; public safety should be referenced in the letter. Chairwoman Royle also asked if the letter references the potential for a lien being placed on the property. If the issue is public safety, Chairwoman Royle stated she is all for the program. Selectman Arnaruso questioned who the expense is paid by when the Town brims private trees growing into electric wires and if a lien is placed on the property owner's property. Selectman McCarter questioned why the property owners would be sent a bill if the issue is public safety. Chairwoman Royle stated the Board would like to look at a revised draft letter that is kinder, gentler, and more explanatory. The Town hired Lichtenstein Associates to inspect all of the bridges in Town. They will look at the Mill Street Bridge first, in light of the Route 106 detour. The Town Engineer has provided the Selectmen with a memorandum on this subject. A series of meetings will be held this month on the draft Environmental Impact Report for the Fall River/New Bedford commuter rail extension. Written comments on the draft may be directed to Secretary Robert Duran. Chairwoman Royle asked if Torun staff mould be conrnrenting on the EIR, suggested letters sent in opposition to the rail line going through Mansfield should be forwarded, and stated staff should review the draft. • A joint Foxboro Stadium Sewer meeting with Foxboro and Norton is scheduled for October 7 at 7pm. Representatives of the DEP Regional Office will be present, as will Senator Sprague, Representative Hyland, and a representative for Representative Poirier. A majority of the Board was in favor of cablecasting the meeting. Chairwoman Royle suggested providing refreshments. • Responses to the West and Forbes intersection signalization study and the Route 106 and North Main Street intersection RFP are due October 14. • Discussions with the Water Operations Manger and MIS Director finalists are not moving along as was originally hoped. Hopefidly the remaining issues can be worked out. • Shortly, Mr. D'Agostino will be requesting the Selectmen establish an Assistant Town Accountant position in the Town Accountant's Office. • As stated at the October 5 workshop with the Town's water consultants, Woodard and Curran, it will cost an additional $45,000 to proceed with filing the paperwork for the Morrison Well Interbasin Transfer Application, Motion: To authorize expending $45,000 to Woodard and Curran to proceed with the final application for the Interbasin Transfer Act. (McCarter - Wills) All in favor. Passes. 6. Selectmen Old Business • Clerk Wills asked if Town Counsel Mangiaratti should attend the October 7 joint meeting with Norton and Foxborough. A consensus of the Board was not in favor of requiring his attendance. Clerk Wills continued stated that he does not want to leave any stones unturned when making a decision regarding allowing the stadium to tie into Mansfield's sewer. • Clerk Wills asked why when the Walsh Well ran for twenty -four hours it did not yield 1.5 Million gallons. • Chairwoman Royle stated she is trying to schedule a workshop with IDC and the Planning Board to discuss eliminating Retail Business in the Il Zone but, at the same time, is trying to avoid an additional meeting night. 7. Selectmen New Business • Selectman Robinson asked if Sunday compost hours could be established for the Fall. • Selectman Robinson commented that the mail truck is still having a problem getting to Lawndale Road through East Street because of the Route 106 construction. Also, a Pratt Street resident, next to St. Mary's Church, is having a hard time getting out of her driveway with the construction crew. She had a much easier time with the blasting crew. • Selectman Robinson inquired about the status of the Town Manager's report on Department Head vehicles. Motion: To open the Special Town Meeting warrant. (Robinson- Amoruso) All in favor. Passes. Selectman Robinson inquired of the plan for Route 106 between Hope Street and East Street because it is caving in. Town Manager D'Agostino responded that under the contract, the contractor has to meet a percentage of compaction. Four out of fNe tests in that area failed and the area has to be done over and compacted properly. The Town is planning to take legal action, complete the project before winter, and take the bond. In addition, the Town pray have to clean up the tipper portion of Route 106 near Bristol Plaza. Mr. D'Agostino does not feel there is enough tittle to complete the excavation and compaction and that the confines of the contract have to be followed. At the end of this weep the Town will be putting the bond company on notice and, f oin that point, will have two weeks to act on the bond. • Chairwoman Royle suggested the portable miles per hour trailer, at a cost of $10,000, should be an Annual Town Meeting article, and the Board members agreed. • Chairwoman Royle stated a bump on West Street after Clemmey Auto Body, travelling towards West Mansfield, was supposed to be repaired by a developer and requested the Manager check on the status with the DPW Director. 8. 10:40 PM Adjournment Motion: To adjourn. I in favor. Passes. Date App•oval