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HomeMy WebLinkAboutBOS MINUTES 11-3-1999rq Board of Selectmen Minutes November 3, 1999 Present: Chairwoman Royle, Clerk Wills, Selectmen Amoruso, M�Carter `and'" Robinson �" John D'Agostino, Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant No. 18 Motion: To approve. (Robinson- McCarter) 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. B. Minutes of October 20,1999 Motion: To approve. (Amoruso- Robinson) (4 -0 -1) Selectman McCarter abstained. Passes. C. License and Permits • License Renewals for the Year 2000 Dealer Licenses Class I Old Colony Motors Inc., 66 & 77 West Street Mansfield Garage Inc. dba Mansfield Jeep Eagle Chrysler Plymouth, 91 Chauncy Street Motion: To approve. (McCarter - Amoruso) (4 -0 -1) Selectman Robinson abstained. Passes. Class II Anagnos Enterprises Inc., 46 Chauncy Street Clemmey Inc., 390 West Street Motion: To approve. (Amoruso - McCarter) (4 -0 -1) Selectman Robinson abstained. Passes. Class III Clemmey Inc., 390 West Street Motion: To approve. (Wills- McCarter) (4 -0 -1) Selectman Robinson abstained. Passes. Common Victualler Licenses Mansfield House of Pizza, 175 North Main Street Wendy's International Inc., dba Wendy's International LaDonna Restaurant Incorporated, 240 -246 Central Street Bertucci's Restaurant Corp. dba Bertucci's Brick Oven Pizzeria, 243 Chauncy Street Kenneth DeFazio dba Trattoria La Cucina Di Nonna, 160 North Main Street Motion: To approve. (Wills- McCarter) All in favor. Passes. Live Entertainment Weekdays License LaDonna Restaurant Inc., 240 -246 Central Street Motion: To approve. (Wills- McCarter) All in favor. Passes. Alcohol Licenses Wine, Malt, & Cordials Restaurant Kenneth DeFazio dba Trattoria La Cucina Di Nonna Motion: To approve. (Amoruso- Wills) All in favor. Passes. Wine & Malt Package Store Dias West Mansfield Variety Inc., 428 Elm Street Motion: To approve. (Wills - McCarter) All in favor. Passes. D. Correspondence Action Resident Request from Chuck Hoar, Fieldstone Drive resident, to post 20 MPH speed limit signs on Fieldstone Drive, "Go Slow Children" signs at both ends of Fieldstone Drive, and that the new "night fluorescent" signs be used. Response from Mr. D'Agostino attached. Forwarded to Police Department for review and a recommendation. Stated and Local Government Letter from Robert W. Kimball, Jr., Norton Board of Selectmen, inquiring what the Selectmen's position would be if the developer of a proposed 100 unit elderly housing project, Whispering Pines, requested to connect to the Mansfield sewer line that abuts the site. Mr. Kimball also asks if Mansfield would object to a waterline from South Worcester Street to the facility crossing over or under the sewer line under the old railroad bed. Forwarded to the DPW Director and Town Engineer for review. Other Board and Committee Memorandum from the Industrial Development Commission in support of Mr. Clemmey's petitioned Special Town Meeting article to rezone land on West Street ( from its current R -1 classification to I -1 Letter from Jim Noris, Finance Committee, stating that he will not be seeking reappointment to the Finance Committee Motion: To accept Mr. Noris' letter of non - renewal and send him a letter of appreciation. (McCarter - Amoruso) All in favor. Passes. Town Manager and Staff Letter from Town Counsel Robert Mongioratti regarding the Planning Board's determination of the number of off - street parking spaces for the Great Waves project State and Local Government Department of Revenue's Preliminary Y2K Audit Findings Selectman Amoruso asked what steps have been taken in relation to this audit report. 2. Questions and Comments George Dentin, Gladiola Terrace, provided an update on his original inquiry regarding the parking lots at the Tweeter Center for the Performing Arts and a variance granted for the lots. Mr. Dentino stated that the next step is for the Town Manager to locate a site plan which depicts the Tweeter Center's parking lot numbers. His next question will be whether or not the lots are in compliance with zoning and if they would be brought into compliance. Chairwoman Royle suggested Mr. Dentino meet with the Town Manager. David Hammond, Branch Street, asked if the Rails to Trails project would be discussed during this evenings meeting in relation to what would be done with the encroachment issue. Mr. D'Agostino responded that he is not prepared to discuss the issue this evening. Chairwoman Royle congratulated Mansfield's 9- Team Cheerleaders, who recently won the first competition in the Hockomock Division competition. Chairwoman Royle also announced that the Town's Annual Craft Fair will be November 6. 3. Acme Cleveland 75 Chauncy Street Open Air Parking Facility License Discussion Mr. D'Agostino reviewed a November 3, 1999, memorandum from the Building Inspector, Bertram M. Cook, providing an update on the Acme Cleveland Parking lot. The lot has recently been paved, but according to the Building Inspector, the lot is not in full compliance with the 1995 site plan. In Mr. Cook's opinion, Mr. Ditchman is still in violation of the Mansfield Zoning By -Laws. Motion: That the current extension on the 1998 open air parking facility license shall expire on November 30,1999. (McCarter - Wills) (1 -4) Selectman McCarter in favor. Fails. Motion: That we notify Mr. Ditchman that we are rescinding the extension on his 1998 open air parking facility license as of November 8, 1999. (Amoruso - Wills) (4 -1) Selectman McCarter opposed. Posses. Chairwoman Royle noted that when and if Mr. Ditchman reapplies for the license, the fee shall be retroactive to May 1, 1999. 4. Update on the Foxboro Stadium Sewer Connection Policy with DPW Director Lee Azinheira, and Consultant David Young, CDM The Town of Foxborough and the Patriots are asking the Town of Mansfield to entertain a long -term sewer connection commitment as a fall back position; this will also assist in securing funding. Mr. Azinheira reviewed a draft of the long -term commitment dated November 3, 1999. Town Counsel Max Volterra reviewed and approved the agreement language. This discussion was postponed until after the Sunday Package Store Openings During the Holidays public hearing. 5. 8 :10 PM Sunday Package Store Openings During the Holidays Public Hearing Clerk Wills read the public hearing notice aloud. Requests to participate in the Sunday opening program were received from: Bristol Liquors • Dubs's Discount Liquors • The Store • Mansfield's Variety & Deli • Rum Runner Wine and Spirits • Tedeschi Food Shop • Villa Liquors Public Comments: Paul Kearns, Manager, Tedeschi Food Shop, asked if the same hours as last year would be in place and if sales could be approved prior to noon time. At 8:16 PM, Chairwoman Royle closed the public hearing. Motion: To allow Sunday openings for Bristol Liquors, Dubs's Discount Liquors, The Store, Mansfield's Variety & Deli, Rum Runner Wine and Spirits, Tedeschi Food Shop, and Villa Liquors during the holidays (November 21, 28, 1999 and December 5, 12, 19, and 26, 1999) between the hours of 12 Noon and ilpm. (Wills - Amoruso) All in favor. Passes. 6. Foxboro Stadium Sewer Connection Discussion continued The following comments were made: • The word "Stadium" should be added after "Patriots" throughout the agreement (Chairwoman Royle) • The agreement should specifically state that the connection is for the 'stadium only ". (Selectman Robinson) • Paragraph No. 6 should include language that the intent is the Patriots would fund removal of I & I, equal 100 percent to their capacity permanently, or even at a 2:1 ratio. (DPW Director Azinheira). • The last paragraph of the agreement appears to let the State off the hook, when the Town's goal is to put pressure on the state to expand capacity. (Selectman Amoruso) • The draft is too general, the word "try" in the last paragraph should be replaced with "must "; Mansfield needs to be more assertive. Once the stadium connects, how would the town get them to disconnect? Assurance is needed that the Stadium will be disconnected in five years or Mansfield has a commitment from the State to expand sewer capacity. (Chairwoman Royle) • Would like a statement from the State that DEP is willing to work with Mansfield to expand the plant. (Selectman McCarter) • In discussions with the Town of Foxborough and the Patriots, Mansfield stated that the Town will not diminish, reduce, or waive any control of the operation of the plant. This is also referenced in the intermunicipal agreement.(Town Manager D'Agostino) • The Taxpayers should not pay for the project, the Patriots should. Town Manager should write a letter to the State asking if connecting the Patriots would bring Mansfield to build -out. (Clerk Wills) • What is Foxborough's position? (Chairwoman Royle) DPW Director Azinheira, will make the suggested changes and forward the draft to the Foxboro Board of Water & Sewer Commissioners for comment. 7. 8:50 PM Presentation by Fire Chief Sliney, Deputy Bellevance, DPW Special Projects Manager Mike Ahern, and Memo Director Robert Button RE: Special Town Meeting Article No. 18 to Fund a Feasibility Study to relocate the North Main Street Fire Station and Combine Improvements to the Existing Highway Facility and Relocate the Memo Facilities All projects brought forward with the 1994 Municipal Buildings Capital Plan have been completed with the exception of the North Main Street Fire Station doors. The best plan identified by the consultant for the municipal buildings capital plan was to build two new fire station, one of which, the Plymouth Street Station, has been completed. The location identified by the consultant for the second station is on Route 106, either next to or across the street from the Highway Garage. Relocating the North Main Street station to Route 106 would reduce response time by 2.5 minutes. Deputy Bellevance presented a plan showing the four districts serviced by the Fire Department, reviewed response times, and stated with the relocation to Route 106 a third fire station would never be needed. Memo Director Bob Button explained that he has staff all over town, he has a 12'X 14' office in the police station (which the Police Chief would like back), and that he would like the department vehicles under cover. DPW Director Azinheira spoke of the space limitations in the Highway Garage, especially in the winter when trying to maintain the fleet in preparation of deployment. The restroom and break room also needs to be updated. Town Manager D'Agostino added that he is concerned with the need for a sufficient area for motor pool operation. Mr. D'Agostino stated he would like to conduct the study, turn it over to Municipal Building Committee, and go through the Capital Project procedure. Members of the Board commented on and asked questions concerning the following: • Purpose and reducing the scope of the study (Chairwoman Royle) • If a new facility would necessitate two ladder trucks, no (Clerk Wills) • Clerk Wills, Selectmen McCarter and Amoruso support the study. • Selectman Robinson started he wishes the issue was brought to light during the original capital buildings project plan. • Chairwoman Royle will not support the study at $17,000. 8. Memorial Park Contamination Report Ralph Penney, Licensed Site Professional, was present to answer the Board's questions regarding Article No. 4 of the Special Town Meeting Warrant. DPW Director Lee Azinheira, and Mike Ahern, Highway Division, Special Projects Manager were also present. Town Manager D'Agostino explained that the Town would have to spend $250,000 for remediation measures to satisfy DEP, but that the fields and basketball courts would be off line. Mr. Penney provided the history of this project and explained the remediation measures he is recommending. Members of the Board commented and asked questions concerning the following: if the 12" loom cover and seed recommended by Mr. Penney would satisfy DEP, funding remediation measures only at the Special Town Meeting and following the proper procedure for the balance at the Annual Town Meeting, cost of remediation, free cash, and the result of not completing remediation by May 2000. Mr. Penney stated that in order to comply with the remediation measures the grass in the areas would have to be well established. 9. Town Manager Report • Treasurer Collector Richard Boucher presented a report of the Town's outstanding debt. Mr. Boucher offered to provide a list of all of the Town's outstanding debt. • Before turning a portion of South Main Street over to the Town, the State will have to upgrade it, which has yet to happen. Mansfield's request is on the State's list. • Mr. D'Agostino is scheduled to meet with the Easton Town Administrator regarding the Hercules Dumpsite on Stearns Hill on November 8 in Easton during a public meeting. The Health Agent Scott Leite will also attend. The Selectmen are also welcome to attend. Mr. D'Agostino continued that he and Scott are scheduled to meet with Kevin Poicos prior to the public meeting on November 5. • The last of four public meetings on the train station renovation project will be next Tuesday, November 9, at 7:30 PM in the Town Hall. Registration begins at 7:00 PM. The Finance Committee will be meeting on November 9 to review Special Town Meeting articles sponsored by the School Committee. The Finance Committee acted on several articles on November 2 and tabled a couple. The Build -Out analysis of the Town is expected to be completed by May 8,1999, which will be a helpful tool while planning for future growth needs, sewer, water, infrastructure, etc.. Hopefully, the analysis will be integrated into the GIS system. • The Free Cash estimate is $1.42 Million. Mansfield is $381,000 below the Proposition 2 z limit. • Mansfield's Y2K Audit results, which are favorable, are available on the Department of Revenue's webb site. On Saturday, January 1, 2000, Mr. D'Agostino, as well as some other staff members, will be on site in the Town Hall to report to the Department of Revenue to ensure that the Town Hall is operational. • The tax rate classification hearing is scheduled for November 10. • Mr. D'Agostino instructed staff to receive two bids on the clean up of the Clemmey Tank and Coral Street home, any expenditure for which a lien will be placed on the property. State Statute dictates a notification procedure that must be followed. • DPW Director Lee Azinheira reported on a watermain break on Ware Street by the Branch Street intersection. There is a serious problem with the water main in the Branch Street area. Mr. Azinheira recommended that the Town start developing a plan to bring the project forward to the Capital Improvements Plan. Mr. Azinheira also stated that he would like to develop a long -term plan to include review of water, sewer, and gas infrastructure prior to resurfacing roadways. Selectman Robinson suggested the use of a temporary water pipe when conducting repairs on a water line so that residents and /or businesses are not inconvenienced as a result of a water main break. • In response to the Town of Norton's request for permission to connect "Whispering Pines" to Mansfield's sewer, Mr. Azinheira stated if additional capacity is not being sought he sees no reason not to grant permission but that he would find out more details about the request. • Mr. Azinheira provided an update on the Route 106 Canoe River Water and Sewer Project. 10. Selectmen Old /New Business • Selectman Robinson stated that the homeowner of 31 -33 Church Street would like a sidewalk in front of his home. Selectman Robinson suggested he write a letter to the Selectmen for consideration. • Clerk Wills suggested monthly, rather than weekly, water reports. Clerk Will also inquired of the "cut -off" date for agenda items, which prompted a discussion of timeliness of receiving backup for agenda items and revisions to the agenda. 11. Special Town Meeting Articles Town Manager D'Agostino reviewed positions taken by the Finance Committee on Special Town Meeting Articles. • Support Article 1 at $9,866.17 • Support Article 2 • Support Article 3 • Support Article 4 at $465,189 • Support Article 5 • Support Article 6 at $94,000 • Support Article 7 Support Article 8 • Support Article 9 at $263,209 • Tabled Article 10 12. Adjournment - 11:05 PM Motion: To adjourn. (Robinson- Wills) All in favor. Passes. i Clerk's Sign ture bate of Approval