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HomeMy WebLinkAboutBOS MINUTES 11-10-1999Board of Selectmen Minutes November 10 1999 Fi Present: Chairwoman Royle, Clerk Wills, and Selectmen• Am oruso',''McCarter, and Robinson t John D'Agostino, Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Weekly Business • Warrant No. 19 - $5,005,319.20 Motion: To approve. (Amoruso- Robinson) All in favor. Passes. 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. Passes. • Licenses and Permits Application of the Southshore Antique Auto Foundation for a Public Entertainment on Sunday License on May 14, 2000, at Tweeter Center for the Performing Arts Selectman Amoruso stated that he would like to discuss business licenses with Southshore. Chairwoman Royle suggested inquiring of the Recreation Director and Town Clerk if craft fair vendors are required to obtain a business license. Request from the Mansfield Lodge of Elks No. 2633 for an extension on their Club License from 12Midnight to lam on November 13 and December 31 Motion: To approve. (Amoruso - Wills) All in favor. Passes. 2. Old Colony Multi- Purpose Trail Mr. D'Agostino and Mr. Azinheira, DPW Director, explained, as stated in Mr. D'Agostino's memorandum dated November 10, 1999, that given the backlog of projects under review by Mass Highway at the present time, the Town of Mansfield's TIP funding may be placed in jeopardy because the Town must have the project ready to go at the time of funding availability. Mr. D'Agostino requested the Selectmen's consent to delaying the Old Colony Trail project until either next year or the year after at which point the design will be at 100 %. Mass Highway will then be afforded as much time as necessary to complete the review without jeopardizing the funding aspect under the TIP provisions. If the Town attempts to push the project forward this year and Mass Highway is delayed in reviewing the project, Mansfield may permanently lose funding. Mr. D'Agostino forwarded a letter this date to SRPEDD requesting a delay of the project because the Joint Transportation Planning Group met at 2:OOPM today to discuss amending the TIP. Motion: To support the Town Manager in sending a letter requesting the Trail project be moved back on the TIP list in concert with the other members of the Transportation Committee. (Amoruso- McCarter) All in favor. Posses. 3. Water Operations Manager Welcome DPW Director Lee Azinheira introduced the newly hired Water Operations Manager, Kurt Gaffney. 4. Foxboro Stadium Sewer Connection Proposal The following people were present for this discussion: DPW Director Lee Azinheira, David Young, Consultant, CDM; Jonathan Brucks, Foxborough Water and Sewer Commissioner; and Rick Moore, Rezzo Associates, Patriots representative. Mr. Brucks stated that No. 8 of the draft of Mansfield's position on the sewer connection is very important to the Foxborough Water and Sewer Commissioners. Mr. Azinheira emphasized that allowing the Patriots to connect to Mansfield's sewer will not increase Foxborough's allocation and reviewed the draft of Mansfield's position, dated November 9,1999. Questions and Comments Selectman Amoruso is concerned that while in No. 4 Mansfield's and Foxborough's flows will be met, Norton has been left out. Norton should be mentioned. At 8:10 PM, Clerk Royle opened the Tax Rate Classification Hearing and asked for a motion to continue. Motion: To continue the Tax Rate Classification Hearing at 8:30 PM. (Amoruso - Wills) All in favor. Passes. Mr. Brucks stated Foxborough's first choice and intent is to build a facility in Foxborough because of reuse possibilities. Chairwoman Royle requested that No. 4 include the Town of Norton. Clerk Wills feels "if" in No. 5 is a big word and asked if any tests or anything is being done in Foxboro regarding constructing a plant there. Clerk Wills also asked why the project does not include a provision for recycling water and inquired of the cost to expand Mansfield's plant. Motion: To approve the draft dated November 9, 1999 with an amendment to No. 4 to include the Town of Norton. (Amoruso- Robinson) Mr. D'Agostino suggested before signing the document the Board should review it in the.context of the intermunicipal agreement with Foxborough. Mr. Azinheira stated the Board would be endorsing a position, not a contract. Mr. D'Agostino stated he is concerned with No. 8. Presently, Foxborough has a number of sewer contracts, each of which contains a specific maximum allocation, which quite often is not met, leaving a portion of sewer allocated but not used. This may no longer exist with the acceptance of No. 8. Lastly, Mr. D'Agostino asked if Foxborough would commit to a timetable to ascertain whether or on the Stadium will be able to connect to the Hospital Site. Amended Motion: To approve the draft dated November 9, 1999 with an amendment to No. 4 to include the Town of Norton, subject to Town Counsels review. (McCarter - Amoruso) (4 -1) Clerk Wills opposed. Passes. 5. 8:50 PM Tax Classification Public Hearing ( Assistant Assessor Shirley McPhee was present for this hearing, as was Assessor John McNair. Clerk Wills read the public hearing notice. Ms. McPhee informed the Selectmen that the Board of Assessors voted unanimously to recommend one rate, 100%. The present classification is 103 %. Public Comment: Tay Barrows, 370 Pratt Street, urged the Selectmen to set an equal tax rate this year for both businesses and residential homeowners. David Hammond, Branch Street, supports a split tax rate, a lower rate for small businesses and homeowners, and a higher rate for large businesses. Motion: To set the tax rate classification at 104 %, 16.70 for residential, 17.59 for CIP for FY 2000. (Wills - Amoruso) (3 -2) Selectmen McCarter and Robinson Opposed. Passes. Both Selectmen Robinson and McCarter would have voted in favor of 103 %. Chairwoman Royle closed the public hearing at 9:35 PM. 6. Licenses and Permits Continued A. License Renewals for the Year 2000 Automatic Amusement License Renewals Mansfield Limited Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Coin - Operated Pool and /or Billiards and Coin - Operated Computer Game Regent Cafe Inc., 394 -396 North Main Street Coin - Operated Pool and /or Billiards Motion: So moved. (Robinson - Wills) All in favor. Passes. Dealer Licenses Class II Times Past Automobiles Inc., 85 Copeland Drive Theodore Kyriakidis, 30 Mansfield Avenue Restriction: No more than five vehicles maybe displayed at anyone time. Motion: To approve. (McCarter - Amoruso) (4 -0 -1) Selectman Robinson abstained. Passes. Common Victualler Regent Cafe Inc., 394 -396 North Main Street Mansfield Ltd. Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Eric Quan dba Quan's Kitchen, 30 Chauncy Street Bristol Elder Services Nutrition Program, 255 Hope Street (Council on Aging) (Request for a waiver of the License Fee attached to the application.) Fresh Catch Inc., 30 Chouncy Street F & W Inc. dba Dubs's Discount Liquors, 30 Chauncy Street Mansfield Donuts dba Dunkin Donuts, 45 Chauncy Street Young O. Gould dba Cafe Arpeggio, 214 North Main Street Motion: To approve. (McCarter - Amoruso) All in favor. Passes. Live Entertainment Weekdays Mansfield Realty Ltd. Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Yong O. Gould dba Caf6 Arpeggio, 214 North Main Street Motion: To approve. (Amoruso - WilIs) all in favor. Passes. Public Entertainment on Sundays Mansfield Realty Ltd. Partnership dba Holiday Inn Mansfield, 31 Hampshire Street Motion: To approve. (Amoruso- Robinson) All in favor. Passes. Weekday Music Machine Regent Cafe Inc., 394 -396 North Main Street Motion: To approve. (Amoruso - Wills) All in favor. Passes. Inn Holder Full Alcohol License Mansfield Realty Ltd. Partnership dba Holiday Inn Mansfield, 31 Hampshire Street - Francis Dorsey III, Manager Motion: To approve. (Robinson - Amoruso) All in favor. Passes. Motion: To waive the common victualler license fee for the Council on Aging. (Robinson - Amoruso) All in favor. Passes. B. Minutes • Executive Session Minutes of October 27, 1999 Motion: To approve but not release. (Robinson - Wills) (4 -0 -1) Selectman Amoruso abstained. Passes. • Minutes of October 27, 1999 Motion: To approve. (Amoruso - Wills) All in favor. Passes. C. Correspondence Action Resident Request from Christine Friend, 86 South Street, that the Town install a "Slow Children" sign in both the high and low numbered sections of South Street Request from Julia Pereira that MediaOne provide access to the Portuguese Channel for Mansfield residents Motion: To forward the letter to MediaOne asking what the ramifications providing this channel would have, if any, on fees, tiers, use of channels, and loss of channels. (McCarter - Wills) All in favor. Passes. State and Local Letter from Richard Johnson, Lowell City Clerk, forwarding, at the City Council's request, a certified copy of a resolution adopted by the Council and requesting the Selectmen also adopt the resolution expressing opposition to inclusion in the MBTA assessment Motion: To send the letter. (Wills - Amoruso) (4 -0 -1) Selectman Robinson abstained. Passes. Other Miscellaneous Notice of Activity and Use Limitation and Availability of Response Action Outcome Statement for 261 Chauncy Street i Notification that Motorola's Internet and Networking Group intends to permanently reduce the number of employees in its production operations at 665 West Street 7. Questions and Comments David Hammond, Branch Street, stated if the Town cannot pave the Old Colony Rail Trail, for a couple thousand dollars, the Town could have an attractive off -road trail. Chairwoman Royle referred Mr. Hammond to the Town Manager. Malcom Smith, 18 Oakleaf Drive, thanked the Selectmen for their assistance with the Elks and reminded everyone that tomorrow, November 11, is Veterans' bay. Mr. Smith also invited the Selectmen to attend the Elks' Mortgage Burning Ceremony at 2:OOPM on November 21, 1999. Chairwoman Royle announced, at Airport Commission Chairman Jeff Siennas request, that Mr. Sienna will be attending the Norton Selectmen's meeting on November 22 to give a presentation on Mansfield's Airport improvement plan. Also, Chairwoman Royle stated that Scott Wagner of the Mansfield Buzz contacted her. He is willing to donate a time capsule to the Town if the Selectmen and Town Manager would be interested in filling it with items from the last one hundred years. Both the Selectmen and Town Manager expressed interest in the capsule. 8. Special Town Meeting Article Review Article 1 Prior years unpaid bills - $12,748.67 ($9,966.17 *) Free Cash Sponsor: Board of Selectmen Motion: To support.* (Robinson - Amoruso) All in favor. Passes. Finance Committee supports this article. Article 2 Police Station Janitorial Services - $18,000 Raise and appropriate Sponsor: Board of Selectmen Motion: To support. (Robinson - Wills) All in favor. Passes. Finance Committee supports this article. Article 3 Transfer $5,000 from Engineering Dept. Management Salaries to Engineering Department Expense Account for Professional /Tech. Services Sponsor: Board of Selectmen Motion: To support. ( Amoruso- Wills) All in favor. Passes. Finance Committee supports this article. Article 4 Free Cash - $556,189 ($465189.00*) Memorial Park Contamination Remediation Sponsor: Board of Selectmen Motion: To support.* (Amoruso- Robinson)AII in favor. Passes. Amendment suggested by Selectman McCarter — No more than $280, 000 may be spent for remediation unless and until tive receive the field study report returned indicating that we do not have to reuse this portion for additional fields. Finance Committee supports this article. Article 5 Free Cash $26,500 - Plymouth Street Tree Clearing Sponsor: Board of Selectmen Motion: To support. (Robinson - Amoruso) All in favor. Passes. Finance Committee supports this article. Article 6 Free Cash $97,000 ($94,000 *)- Improvement and Construction of Plymouth Street Recreational Facility Sponsor: Board of Selectmen Motion: To support *. (Robinson - Amoruso) All in favor. Passes. Finance Committee supports this article. Article 7 Agreement with Mansfield Youth Soccer. Sponsor: Board of Selectmen Motion: To support /Not to Support. (Wills- McCarter) All in favor. Passes. Suggested amendment: should pay "up to "$100,000. Finance Committee supports this article. Article 8 Borrow - $160,920.99 in anticipation of reimbursement - Chapter 90 Funds Sponsor: Board of Selectmen Motion: To support. (Robinson - Wills) All in favor. Passes. Finance Committee supports this article. Article 9 Appropriate from Free Cash - $83,000(Walsh Well Repairs) and $180,209.28 (Additional funds to the Water Enterprise Renewal and Replacement Account) Sponsor: Board of Selectmen Motion: To support. (Wills- McCarter) All in favor. Passes. Finance Committee supports this article. Article 10 Free Cash - $115,000 for boulder and ledge excavation and additional police and fire safety details - Canoe River Sewer project Sponsor: Board of Selectmen Motion: To support. (Robinson - Wills) All in favor. Passes. Finance Committee tabled. Article 11 To be Withdrawn Forbes Boulevard /West Street intersection Signalization Feasibility Study - Raise and appropriate or transfer from available funds $10,000 Sponsor: Board of Selectmen Article 12 Raise and appropriate or transfer from available funds $8,000 - Town Hall Air Conditioner Engineering Study Sponsor: Board of Selectmen Motion: To support. (Amoruso- McCarter)(4 -1) Selectman Wills Opposed. Passes. Finance Committee supports this article. Article 13 Free Cash $52,000 ($15,000)- Multi- Sports Complex Design Feasibility Study Sponsor: Board of Selectmen No Vote Taken Finance Committee tabled. Articles 14 - 16 School Committee Articles Article 17 Free Cash $18,000 - Assessment of manpower needs, management structure and utilization of resources within the Police and Fire Departments - Sponsor: Board of Selectmen Motion: To support /Not to Support. (Amoruso- McCarter) All in favor. Passes. Finance Committee supports this article. Article 18 Free Cash - $17,000 - Design Feasibility Study to relocate the North Main Street Fire Station, combine improvements to the existing Highway facility, and move MEMA into one combined facility Sponsor: Board of Selectmen Motion: To support. (Amoruso - Wills) (4 -1) Selectman Robinson opposed. Passes. Finance Committee supports this article. Article 19 Free Cash $10,000 - Matching Funds for SRPEDD Downtown traffic count and parking study Sponsor: Board of Selectmen Motion: To support. (Robinson- Wills)AII in favor. Passes. Finance Committee supports this article. Article 20 Transfer a sum of money into stabilization Sponsor: Finance Committee No Vote Taken Article 21 Amend the General By -Law to include a Resident Parking Sticker Violation Fine Structure 15} Offense: $25.00; 2"d Offense $50.00; 3rd Offense Revocation of right to use Resident Only Parking Facilities Sponsor: Board of Selectmen Motion: To support. (Amoruso- Robinson) All in favor. Passes. Article 22 Amend the General By -Laws "Animal Welfare Committee" definition Sponsor: Board of Selectmen No Vote Taken Article 23 Amend the General By -Laws Chapter 8 - Humane Control and Regulation of Animals Sponsor: Animal Welfare Committee No Vote Taken Article 24 Accept the provisions of MGL Chapter 59 Section 59A, Brownsfields Tax Agreements Sponsor: Board of Selectmen No Vote Taken Article 25 Amend the General By -Laws by adding a Chapter 24 entitled " Brownsfields Tax Agreements" Sponsor: Board of Selectmen No Vote Taken Article 26 Accept the provisions of MGL Chapter 40, Section 30 C, to set aside funds for the ( purpose of paying workers' compensation claims in accordance with said Chapter and Section Sponsor: Board of Selectmen No Vote Taken Article 27 Authorize the Town Manager, with the approval of the Selectmen, to sell Tax Title Foreclosure Land, namely Map 23, Lots 100 and 253, located on Coral Street Sponsor: Board of Selectmen No Vote Taken Article 28 Petition to rezone land on West Street from its present classification of R -1 to I -1 Petitioner: Karl Clemmey No Vote Taken Article 29 Petition to rezone certain parcels of land on Chauncy Street from their present classification of R -2 to I -1 Petitioner: Lester 5. Epstein No Vote Taken 9. 11:00 PM Vote to Extend the Meeting Motion: To extend the meeting until 11:15 PM to receive the Town Manager's report on the Ditchman property and to take any critical action. (Amoruso- Wills) All in favor. Passes. 10. Selectmen Old /New Business • Selectman Robinson stated that he received a letter from Jack Beliveau, Electric Department Director, through the Town Manager regarding lighting at the High School and requested that the Town Manager make sure lights are on the detail patrolman during the Special Town Meeting Monday evening. 11. Town Manager Report • Town Manager D'Agostino reported that he spoke with both the Building Inspector and Mr. Ditchman over the weekend. Information regarding the open air parking facility and the Board's vote to rescind the extension on the 1998 license was forwarded to the Police Chief on Monday. It is more advisable from Town Counsel's position that the Town file an injunction rather than arbitrarily shut the lot off. This would also allow Mr. Ditchman time to bring the lot into compliance. Town Counsel has all of the paperwork in his possession needed relative to filing an injunction, which will be taken care of either Friday or Monday. Mr. D'Agostino told Mr. Ditchman that he has to re -file, he does not have a permit, and that he has to demonstrate that he meets all of the criteria and complies with the 1995 site plan. An expansion of the lot will require site plan review. • Both Mr. D'Agostino and the Town's Health Agent, Scott Leite, attended a meeting in Easton Monday night to try to alleviate a number of misconceptions ( regarding the Hercules dumpsite. Chairwoman Royle stated she feels the Town should contact Hercules and hold them responsible for the site clean up. Discussion followed regarding issuing an RFP for the site clean up to see a comparison of costs Mr. DAgostino responded that that issuing an RFP would be preferable and that he would if he has enough time. 12. Adjournment 11:20 PM Motion: To adjourn. (Wills�- Amoruso) All in favor clerk 's sign lure •/� Passes. in R Date o App oval