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HomeMy WebLinkAboutBOS MINUTES 2-24-1999Board of Selectmen Minutes February 24, 1999 Present: Chairman Madan, Clerk McCarter, Selectmen Amoruso, RoliiWsoh,' Ahd'Rbyle 0 1 John D'Agostino, Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Warrant No35 Motion: To approve. (Amoroso- Royle) All in favor. Chairman Madan abstained on all Building Department items; Clerk McCarter abstained on the Municipal Building Committee payroll; and Selectwoman Royle abstained on all Board of Health items. Passes. B. Licenses and Permits * Request of Citizen Scholarship Foundation to place thermometer type signs on the North and South Commons to report the progress of their fundraiser Motion: To approve. ( Royle- Amoruso) All in favor. Passes. Common Victualler License Renewal Application of Lori Berneburg dba Lori's Sunnyside Cafe, 265 Fruit Street Motion: To approve. (Amoroso- Robinson) All in favor. Passes. * The Selectmen signed the amended Personnel Policy approved at last week's meeting. C. Minutes * Executive Session Minutes of February 10, 1999 Motion: To approve but not release. (Boyle- Amoruso) Selectman Robinson abstained. Passes. * Minutes of February 10, 1999 Motion: To approve. ( Amoruso- Royle) Selectman Robinson abstained. Passes. * Minutes of February 17, 1999 Motion: To approve. ( Amoruso- Robinson) All in favor. Passes. D. Correspondence Action: Miscellaneous Letter from Alec Ciminello, Assistant Principal, Jackson Elementary School, inviting the Selectmen to take 15 -20 minutes to read to a class of third to fifth grade students on March 2, 1999. The Town Manager will be reading to a third grade class at 2: OOPM that day. A:\22499.DOC Page 1 of Other: Town Manager and Staff (' Memorandum from Lorilee Fish, Park & Recreation Director, concerning the Park & Recreation Department's budget review session with the Finance Committee Memorandum from John D'Agostino, Town Manager, to the Board of Selectmen with an attached Special Permit example State and Local Government Letter from the Mass Executive Office of Transportation and Construction notifying the Selectmen that Mansfield has $670,594.00 of uncommitted funds remaining in its Chapter 90 account 2. Questions and Comments Peter DeTiolio, 496 Elm Street, asked why the Selectmen voted to negotiate the Great Woods contract at last week's meeting and stated that he found the vote interesting because he feels the Town Manager did a good job last year finally establishing a decibel level within the regulations. Selectwoman Royle responded that she feels the Selectmen should continue to negotiate the license, as they have done in the past. Town Manager D'Agostino responded that he would be more than willing to provide input to the Board. Ed Tarti fo, 9 Brookside Road, expressed concern regarding the Charter Commission and proposed revisions, the amount of time taken to complete the revisions, and the number of persons who visited the Commission's meetings. Peter DeTrolio, 496 Elm Street, responded as one member of Charter Commission, to Mr. Tartufo's statements. Ed Tartu fo, 9 Brookside Road, stated he did not address the Selectmen to exude the work done by the Commission but to point out that members' of various boards and committees opinions were dismissed and that only four guests outside of government attended the meetings. Selectwoman Royle added when the Selectmen invited all boards and committees into a meeting to discuss the Charter revisions, all but two committees were opposed, Recreation and Animal Welfare Committee, and that all opinions should be respected. 3. Discussion with Jay Barrows and Trish Bolea Downtown Businessmen's Association This year's downtown sidewalk sale will be on July 21 and will have a carnival theme. The Association would like to extend the hours of the sale from 6 -10 rather than 6 -9 and will be requesting the Town close North Main Street from East/West Street up to Route 106, leaving Old Colony Way open. The Association discussed the possibility of moving the John Michaels Band from the South Common up to the Cooperative Bank parking lot on that day with the Recreation Department. Mr. Barrows asked how receptive the Board would be to allowing service of alcohol at outdoor cafes during the sale. AA22499.DOC Page 2 of 7 i Selectwoman Royle inquired of the number of establishments that would be interested in the one -day license (probably three). The Association plans on distributing information on the parade sometime in April. The Farmer's Market will run on Thursdays and possibly Saturdays this year. 4. 8 :25 PM Morrison Well Site Update with Woodard & Curran Both Doug Reed of Woodard and Curran and Steve Bishop, Acting Water Operations Manger, were present for this discussion. Mr. Reed reviewed the tasks required to secure a new water supply. All final permits have been filed with the exception of the Interbasin Transfer Act Permit. The Town filed a request for a Determination of Insignificance, which would speed up the procedure; however, DEP requested a full application, which will take approximately six months. That process is beginning now with most of the efforts looking at the cumulative impacts of the well. Town Manager D'Agostino explained when going through the full process, DEP can impose restrictions as part of the draw down permit, such as that the well cannot be used during the summer months when it is needed most. Discussion among the Selectmen, Town Manager, and Mr. Reed continued concerning the timetable on the Purchase and Sales Agreement for the Rezza Land, whether or not a similar problem was encountered when permitting the Walsh Well, timetable after receiving the permit to obtain approval to pump the well, confidence in receiving the permit, whether or not the Town should apply for an increase in the withdrawal permit, the cost estimate to establish the Morrison Well, including development and consultants fees but excluding land purchase ($800,000.00), area of Mansfield in the vicinity of the Morrison Well, how basin borders established, if there is evidence of any species that may cause a problem permitting the Morrison Well, timetable to increase Mansfield's allotted withdrawal permit, number of basins Mansfield wells pump from; additional water sources, and whether or not bedrock wells produce potable water. Selectwoman Royle asked if it would be possible to put together data reflecting the Town's water withdrawal amounts for the past fifteen years at five -year increments evaluated with the Town's population based upon the census. Steve Bishop stated that he is presently in the process of applying for an increase in the withdrawal permit. When asked if an automatic increase in the withdrawal permit had ever been granted, Mr. Bishop answered in the negative. 5. 9:15 Discussion with James Street Residents re: Designating James Street One -way David Reilly, James Street resident, inquired of the procedure that must be followed to make James Street one way. Police Chief O'Neill addressed the Board and Mr. Reilly stating that no changes should be made to James Street without the benefit of research and a traffic count, which cannot be conducted for a month or so. Chief O'Neill recommended an enforcement approach to AA22499.DOC Page 3 of 7 the speeding problem. Chief O'Neill also asked Mr. Reilly which would be the best way to direct it the one -way designation. ( Selectwoman Royle commented that she feels if James Street is made one way, vehicles will travel even faster and that she is concerned with additional traffic exiting and entering on South Main Street. Mr. Reilly stated that he is upset that the Town both widened and straightened James Street when he was told several times that acceptance of James Street would not result in improvements such as these. Clerk McCarter inquired of the number of houses on James Street. The Police Chief stated that he would check to see if a sign exists that would help with the situation. Steve Garneau, 45 James Street, stated at the August 12, 1998, Board of Selectmen's meeting he submitted a petition to the Board of Selectmen to have the Police Department monitor the traffic speed on James Street and suggested an option of restricting its use as not a through way between the hours of 7 -9 am and 4 -6 pm. Mr. Garneau stated he does not feel designating James Street a one -way street will alleviate the problem. Upon the suggestion of Selectman Amoruso that the Police Department would need a James Street resident's permission to conduct radar on in their driveway, Town Manager D'Agostino responded that permission had been granted in the petition submitted by Mr. Garneau. Bill Dempsey, 20 James Street, stated the School Department should determine the traffic flow direction because of school busses. Mr. Dempsey also expressed concern regarding the speed on James Street, a flooding problem in front of his house which worsened after the street was repaved, stated rocks are sent flying onto his front stairs twenty -five feet from the road from speeders and after confronting Riverside Drive residents about speeding, a "No Parking" sign was installed in front of his home. Selectman Amoruso stated he feels stopping the traffic flow in either direction at given times during the day may be the solution. Ken Eickard, 13 James Street, state he is concerned because his wife runs a daycare program on James Street and the cars do not stop for pedestrians. Mr. Eikerd granted the Police Department permission to park in a field next to his home anytime day or night to monitor the traffic. Selectman Robinson asked what it would take to put up signs at the Pratt and East Street crosswalk directing people to stop for pedestrians in the cross walk. 6. Old Business A. Town Manager * Town Manager D'Agostino is preparing a response to the Great Waves Final Environmental Impact Report and expects to submit it by the March 12 due date. Mr. D'Agostino directed the Selectmen's attention to Traffic Safety Officer Lawson's February 13 letter to the Executive Office of Environmental Affairs in response to the A:122499.DOC Page 4 of 7 Great Waves Final EIR. Officer Lawson's letter outlines several traffic issues that have not been addressed. Clerk McCarter asked if the Town Manager would include a copy of the Selectmen's minutes reflecting their vote not to support the project, as well as all letters received from residents. Selectman Amoroso suggested that all residents in opposition of the Water Park may want to write to the proponent's New Hampshire Water Park expressing their opposition to locating in Mansfield. Selectwoman Royle suggested when preparing his response to the Final EIR, Mr. D'Agostino should mention the cumulative impact of all future development proposals on Route 140, i.e. the potential golf course, Polaroid building, and office park. Lastly, Selectwoman Royle suggested the impact on the sewer system should also be addressed. * Chairman Madan suggested holding a public hearing on the Great Waves proposal next week. Notices should be placed on cable and in the newspaper. * Selectman Robinson stated that he would try to attend the March 4 Amtrak meeting. Motion: To postpone the Board of Assessors interviews until March 10, 1999. (Amoroso- McCarter) All in favor. Passes. The budget review process is continuing and the deficit is just above $800,000, after the $300,000 reduction made by the School Department. Capital Improvements Meetings began last Thursday with the balance of meetings to continue in early March. * The Selectmen may need to delay Town Meeting for two to three weeks, as outstanding capital and administrative issues still exists. The Town will be soliciting bids for property and liability insurance and possibly health. Selectman Amoruso and Brad Wills, Selectman candidate, completed the first round of Town facility tours this past weekend at the water and wastewater facilities. The Police and Fire Station tours will be this weekend, and DPW will be scheduled soon. The closing on 12.46 acres of land behind the Robinson School owned by Phil Eramo is scheduled for March 3 at 8:30 AM. A copy of draft Purchase & Sales Agreement has been placed in the Selectmen's Reading Folder for review. Selectwoman Royle asked what the balance of the account used to purchase the land would be used for. * The joint meeting with the Foxboro and Norton Boards of Water and Sewer Commissioners went fairly well last evening. The next joint meeting will be in Norton. * Clerk McCarter asked if the Town should be reviewing the sewer connection policy in light of the Town's inability to expand capacity. Mr. D'Agostino will check with the Town Engineer on a joint meeting date with the Board of Health and Planning Board to discuss server policies. * Mr. D'Agostino will be touring a solar aquatic facility in Weston on Tuesday, where the septic treatment is localized. A:\22499.DOC Page 5 of 7 The balance of the Stabilization Account is $2,365,476.03, which includes $500,000.00 allocated for the Morse judgement. ( Written recommendations on reorganization of the Motor Pool organizations are expected from the Motor Pool and Highway Department Foremen in the near future. B. Selectmen * Selectman Amoruso requested the Town Manager write a letter to Time Warner concerning the contract obligation to wire Mansfield's schools. 7. New Business A. Town Manager B. Selectman x Selectman Robinson asked if Attorney William August had been contacted to negotiate the cable license transfer from Time Warner to MediaOne. Motion: To hire the same attorney as was used for the original cable license agreement at a cost of up to $5,000. (Robinson- Royle) All in favor. Passes. M Selectman Robinson received a letter at his home from the Bristol County Sheriff's Office notifying him of a terrorism seminar. Selectman Robinson asked if any Board members would be available to attend and if representatives of the Police and Fire Department would be attending (yes). Selectman Robinson asked if the Police and Fire Chiefs received notification of the upcoming Amtrak training workshops (yes). Selectman Robinson inquired about a letter to the Town Manager in the Reading Folder from RIM Engineering. In his letter, Mr. Maloon requests permission to conduct field surveys on town -owned land to investigate the feasibility of pumping sewage from a 12 Unit apartment building at 171 Ware Street into the existing sewer system in the Baybrook Farm Subdivision. Connecting to Baybrook Farm's system would require an easement through Town land and the right to use the Town's easement within the Baybrook Farm subdivision. Selectman Robinson expressed opposition to granting an easement through the Town's property. Selecrivoman Royle inquired if a vote of the Board of Selectmen is required to allow Mr. Maloon to conduct the surveys on town land Motion: To establish a policy to follow the Sewer Master Plan guidelines. (Robinson- Amomso)(4 -0 -1) Selectwoman Royle abstained. Passes. In reference to a memorandum in the Reading Folder from the Town Manager informing the Selectmen of a tentative agreement between the Town (Zoning Board of Appeals) and Edgewood Church of Christ concerning their sign, Selectwoman Royle asked if any action by the Selectmen is required (no). Selectwoman Royle reminded the Selectmen and the public of the landbank article discussion scheduled for the Selectmen's March 10 meeting. A.\22499.DOC Page 6 of 7 Selectman Amoruso mentioned the Board of Selectmen is in receipt of a letter in the Reading Folder from Time Warner stating beginning in 1999, as part of their contract with the Town, Time Warner is responsible for the payment of $8,500 to Cable Access for the salary and benefits of the program coordinator and $2,000 for equipment maintenance. Time Warner further states that the fixed franchise fee charged to subscribers will increase from $.15 to $33 as a direct result. Selectman Amoroso stated this was not the intent or understanding of the contract. Motion: To send a letter to Time Warner stating that they are incorrect in their interpretation of the subject matter and if they continue we feel they would be in violation of their license if they impose the charge. (Royle- Amoruso) (4 -0 -1) Selectman Robinson abstained. Passes. S. 10:50 Adjournment Motion: To adjourn. (Royle- Robinson) All in favor. Passes. f � i,— Clerk's Signature 7 oD � Date o 'Ap ro al A:122499.DOC Page 7 of 7