Loading...
HomeMy WebLinkAboutBOS MINUTES 3-10-1999Board of Selectmen Minutes March 10, 1999 Present: Chairman Madan, Clerk McCarter, Selectmen Amoroso, Robinson,` and Royle John D'Agostino, Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. 2. Presentation of Donation to DARE Malcom Smith and Ed Rosenberg, Mansfield Lodge of Elks, presented Police Chief O'Neill and D.A.R.E Officer Connors with a $500 donation and a promise to deliver several drug awareness packets for the D.A.R.E Program. This meeting being Chairman Madan's last, Mr. Rosenberg, on behalf of Lodge, thanked Chairman Madan for his support of the Elks and time given to Mansfield over the years. 3. Weekly Business A. Warrant No. 37 - $2,658,590.93 Motion: To approve. (Amoruso- Royle) All in favor. Chairman Madan abstained on all Building ( Department items, Clerk McCarter abstained on the Municipal Building Committee payroll, Selectwoman Royle abstained on all Board of Health items, and Selectman Robinson abstained on Voucher No. 26976. Passes. B. Licenses and Permits x Memorandum from Fire Chief O'Neill requesting a waiver of the electrical permit fee required for the installation of the emergency generator at the Fire Station Motion: To waive the Town's portion of the electrical permit fee for the Fire Dept for the emergency generator. (Royle- Robinson) All in favor. Passes. C. Minutes of February 24, 1999 Motion: To approve. (Amoruso- Robinson) All in favor. Passes. D. Correspondence Resident Letter from Barry L. & Barbara Bayon, 428 South Main Street, in opposition to the Great Waves proposal State & Local Government Letter from Kevin Sullivan, Secretary, Executive Office of Transportation and ( Construction, concerning traffic signals' Y2K compliance Miscellaneous 31099ARN Page 1 of 8 Letter from Doug Whiting, Vice President and General Manager, Time Warner Cable, will enclosed billing practice notice, work order, sample subscriber bill, and copies of programmmg l Memorandum from Alan H. Richardson, Executive Director, APPA, to APPA Winter Rally Attendees thanking the attendees for participating in the rally and asking they do the following: 1. Send letters to Representatives, Senators, and Rally staff thanking them for the meeting and reinforcing requests for their support for a fair and reasonable solution of the private use problem 2. Send copies of the above correspondence to APPA 3. Continue efforts to involve local elected officials in this effort. In reference to the above letter, Selectman Robinson stated the Selectmen wilt need to do Nos. 1, 2, 3, as requested. Clerk McCarter listed all persons the Selectmen have received letters from opposed to Great Waves since Monday, March 8, 1999: * Richard Lewis, Mansfield Environmental and Conservation Planner * Barbara and Barry Bayou, 428 South Main Street * Joseph and Barbara Cascio, 26 Coach Road * David McCarter, 152 Dean Street * Kathlene and Joseph Mankus, 20 South White Pine Lane * David Lamborghini, 20 Angelina Lane * Victoria Kapp Harchik, 426 Williams Street * William and Victoria Lawrence, 161 Fruit Street * Denise E. Moore, 54 Union Street * Peter S. Brown, 545 South Main Street * Charlene Giblin, 18 Draper Avenue * John Boyle, 15 Partridge Lane * Margaret Flannery, 502 Willow Crossings * Cathy Martin, 14 Robinson Court * Janet Schwarzer, 41 Wexford Drive * Denise Brown, 545 South Main Street * Harry Chase, 260 South Main Street * Elizabeth Roche, 68 Hall Street * Lee and Dave Alklessandri, 208 Pratt Street * Brad and Marianne Wills, 105 Thompson Street * Mary Cinelli, 7 Village Road * Mark Dulman, 24 Wexford Drive * Mark Munroe, 145 Plaine Street * Jonathan, Linda, and Kate Chilson, 1815 West Street * Paula Levesque and Lincoln Craton, 143 Temont Street * Elise and Barton Bresnik * Dorothy and William Gerber, Jr.. 362 Central Street 31099.M1N Page 2 of 8 * Melonie B. Coia * Barbara Ziobro * Paul Leuchte * Shaun P. Burke, Director of Planning and Development * Thirty -Three Sheets of Petitions Town Manager D'Agostino stated he composed two letters in response to the Final Environmental Impact Report for Great Waves, one from him and the other from both Mansfield and Norton. All resident correspondence received to date will be sent along with the response letter. Motion: To support the draft proposal that the Town Manager prepared and to permit Mr. D'Agostino to sign the board members names for that purpose. (Amoruso- McCarter) All in favor. Passes. 3. Questions and Comments In anticipation of the Selectmen's vote on the proposed Charter revisions this evening, John Dunn, Chcn-ter Commission Chairman, outlined the process to amend the Charter and respectfully asked the Selectmen to consider supporting the proposed Charter and amend it as needed. Leonard Flynn, 102 Jewell Street, stated that lie liked the tone of Mr. D'Agostino's Great Waves FEIR response letter but commented that the cost of land in the Great Woods is more than couple of hundred thousand dollars and is more like tens of millions of dollars. Mr. Flynn feels it is a mistake to set the tone that Great Waves is alright once the wells are on line and that lie does not feel getting wells online should be linked with project. Ed Tcn•tt fo, Brookside Drive, requested the Selectmen support the present Charter and vote "No." on the revised Charter. Police Chief Arthur O'Neill addressed the Selectmen stating that he is concerned with the proposed Charter because of the omissions, i.e. civil service. Specifically, the proposed Charter eliminates the duties and powers of both the Police and Fire Chiefs. Chief O'Neill stated he feels that doing this will leave the duties to too much interpretation and could in effect create five bosses (Selectmen) rather than one (Torun Manager) for the Police Chief and that this has not worked well in other communities. Chief O'Neill also stated that he feels transferring the Animal Control Officer's appointing authority from him to the Animal Welfare Committee is a mistake; presently the Police Chief is the appointing authority. Fire Chief Ed Sliney addressed the Selectmen as both Fire Chief and a resident asking the Selectmen to vote "No." on the Charter. Chief Sliney agreed with Chief O'Neill's statements stating that the revised Charter would be a major change for the Town. Chief Sliney also stated if the section in the Charter delineating his powers and duties is eliminated, his duties are not outlined in any other Town General By -Law. Peter DeTrolio, 496 Ehn Street, member of the Charter Commission, responded to the Police and Fire Chiefs' comments stating that their job descriptions are set by the State of Massachusetts. As far as civil service is concerned, the word was taken out of the Charter, and the discretion is left to the Town Manager. 31099.MIN Page 3 of 8 Karl Clennney, 750 South Main Street, spoke in favor of the revised Charter and stated he hopes when voting on the revised Charter this evening, two of the Board members abstain because they wilt be directly affected. Police Chief O'Neill addressed the Selectmen stating two types of Chiefs exist in the Commonwealth, strong and weak. The weak Chief "dances to the tune of whoever is in power, and a strong Chief is a mirror image of what we presently have in the current Charter." Chief O'Neill continued with the elimination of the powers and duties, Mansfield would almost automatically revert to the weak Chief. John Dsnnr, Charter Commission Chairman, addressed the Selectmen stating the intent of the Charter was to remove the mandate that the Chiefs must be hired under civil service. 4. 8:25 PM Board of Assessors Interviews Six applicants: David Berube, Paul Boyden, Robert Bruno, Karl Clemmey, Michael Eagan, and Michael McClanahan were present to interview for one vacancy on the Board of Assessors. Each of the applicants introduced themselves and stated their reasons for application to the Board of Assessors. Members of the Board of Selectmen asked each of the applicants questions such as: what they could bring to the Board of Assessors, availability to attend an Assessors' training course, level of patience and ability to explain why assessments are what they are and how they are arrived at, how many of the applicant's have applied for abatements and how those people feel they were treated, suggested improvements to the system, if they would feel comfortable being an Assessor under the revised Charter, the most important quality an Assessor should have, and their ability to be objective when reviewing appeals under the revised Charter on property that Assessors have set values on. Mr. Clemmey stated that he would take the job at no cost to the Town and would donate the already funded salary to the youth of Mansfield. S. 9:00 Landbank Discussion Present: Lenney Flynn, Natural Resources Trust; Marydee Flynn, Planning Board; Paul Boyden, Bill Ottaviani, Shirley Hanlon, Conservation Commission, David Leary, Recreation Commission; Phil Giangarra, Board of Health; and Richard Lewis, Environmental and Conservation Planner, Chairman Madan began the discussion stating the Selectmen sponsored a Land Bank article last year that was not successful and has placed another article on the Annual Town Meeting warrant to petition the legislators to enact Landbank legislation. Chairman Madan turned the discussion over to Selectwoman Royle, who spearheaded the effort. The various boards were invited to this discussion to critique the article and offer comments. The Board and Committee members discussed composition of the Landbank Committee, whether or not the Committee should be required to obtain Town Meeting appoval prior 31099.MIN Page 4 of 8 to making a land purchase, whether or not the Selectmen's "stamp of approval" should be required, and if the Board of Selectmen acts as the Committee, recommendations could be sought from various Boards and Committees. Selectman Amoroso suggested voting on priority areas at Town Meeting once the Committee is established. Chairman Madan suggested the Committee could forward their proposal to the Selectmen, who could then hold an advertised public hearing. David Leary suggested Section 3 of the proposed legislation should include a provision for historic preservation and that the article should be similar to the State's legislation. Marydee Flynn suggested changing Section 1 watershed to waterbody frontage and naturalto nature. Selectman Amoroso suggested including a sunset provision in the legislation, either five or ten years. A consensus of the Board and Committee members present preferred the real estate transfer tax to occur at the Registry. The Landbank discussion concluded at 9:50 PM 6. Old Business A. Town Manager x Town Manager D'Agostino and Selectwoman Royle met with Town Counsel last week concerning the Morse land taking and reached a settlement. An article will appear at Town Meeting taking $492,000 from Stabilization for the settlement. x We are gathering letters for the Great Waves FEIR , which will be Federal Expressed at 4pm on Thursday. Mr. D'Agostino also composed a joint letter from the Mansfield and Norton Boards of Selectmen but is waiting to hear whether or not Norton will sign it. x The budget shortfall has been reduced by $360,442. Southeastern Regional School expenses increased by 70% this year. x Helen Christian, Town Clerk, recommends a postponed Town Meeting date of May 10 and a continuation date of May 17. With these dates in mind, the Special Town Meeting warrant would have to close on April 14. One warrant article request being factored in health insurance, which will be between $150,0004170,000. Funding will come from the overlay reserve account. Motion: To postpone Town Meeting until May 10 with the next session to be held on May 17, if necessary. ( Amoruso- McCarter) All in favor. Passes. Motion: To close the Special Town Meeting warrant on April 14, 1999. (Royle- Amoruso) All in favor. Passes. 31099.MIN Page 5 of 8 x On Saturday, March 20, Selectman Amoruso and Brad Wills will tour the DPW Garage and will meet at the Town Hall at 9am. x Mr. D'Agostino met with Attorney William August this date concerning Time Warner's cable license transfer request. Attorney August is preparing a scope of services and will hopefully be on retainer in the next week or so. Selectman Amoruso announced if subscribers have problems with Time Warner meeting their expectations they should let the Selectmen know to be sure the issues are addressed. B. Selectmen x Selectman Robinson is still awaiting an update on a motor pool maintenance program. x Chairman Madan inquired about information requested at last week's meeting concerning imposition of a water moratorium. The Town Engineer is presently working on the request, which will have to be coordinated with the Regional Planning Agency. The moratorium would have to include all connections. The only consultant who has instituted a successful moratorium in Massachusetts is Woodard and Curran. Town Manager D'Agostino suggested inviting Woodard and Curran in to a Selectmen's meeting to discuss the process. Chairman Madan stated he would like to review a moratorium for high -end water users during Mansfield's peak demand months only. Discussion among the Selectmen and Town Manager continued concerning whether or not the Selectmen should be issuing water and sewer connection permits. Mr. D'Agostino suggested the Board might want to review establishment of a policy based on the recommendations of staff. Chairman Madan suggested developing criteria such as requiring a review of all water hookups using over 50,000 gallons a day and developing criteria for sewer hookups as well. Motion: That the Selectmen approve all hookups to the municipal water system and all sewer hookups to the sewer system and take back what has been delegated to Department Heads. (McCarter- Madan) (2 -3) Chairman Madan and Clerk McCarter in favor. Fails. Motion: To ask the Town Manager to bring forward to the Selectmen criteria used for the water and sewer hook ups from Department Heads for review. (Amoroso- Royle) All in favor. Passes. x The Village at Willow Crossings' occupancy permits were issued without water connection permits. The Village may be requesting a payment plan over a couple of quarters. * Selectwoman Royle read a public statement urging a negative vote on the Charter revisions. Motion: As a Board we not support the Charter revision question on the March 15, 1999, ballot. ( Royle- Robinson) (4 -1) Selectman Amoruso opposed. Passes. 31099.MIN Page 6 of 8 Prior to voting on the above motion, each Selectman explained their position on the revisions. Town Manager D'Agostino read a Letter to the Editor, signed by most of the Department Heads commending charter com on work but expressing opposition; 7. New Business A. Town Manager Massachusetts General Law Chapter 39 Section 9 states the Town can change its Annual Town Meeting date by a by -law change, and Section 9a states the Town can change the date for election of officers by either a Charter or by -law change. B. Selectmen x World War II Scholarship Fund Committee Appointment (One Applicant, Billie Siena/One Vacancy) Motion: To appoint Billie Siena. (Amoruso - Royle) all in favor. Passes. x Board of Assessors Appointment (Six Applicants: David Berube, Paul Boyden, Robert Bruno, Karl Clemmey, Michael Eagan, and Michael McClanahan /One Vacancy) Nominations: Selectwoman Royle nominated Paul Boyden, seconded by Selectman Robinson. Selectwoman Royle and Selectman Robinson in favor. Clerk McCarter nominated Michael Eagan, seconded by Selectman Amoruso. Clerk McCarter and Selectman Amoruso iu fervor. Chairman Madan nominated Robert Bruno, seconded by Selectwoman Royle. Chairman Madan in favor. Motion: That we eliminate Robert Bruno from the nominations at this time. (Amoruso - Royle) (4 -1) Chairman Madan opposed. Passes. Votes in Support of Paul Boyden and Michael Eagan: Paul Boyden Selectwoman Royle and Selectman Robinson in favor. Michael Eagan Chairman Madan, Clerk McCarter, and Selectman Amoruso in favor. Appointed. x Selectmen Robinson attended an informational meeting with Amtrak last week in Canton. Amtrak representatives stated that Mansfield has been the most outspoken community in the corridor concerning the high -speed rail project. Selectman Robinson requested an education program again this year for grades K -12, and Amtrak agreed to conduct the program before summer. Selectman Robinson also suggested the 31099AHN Page 7 of 8 Town Manager ascertain all daycare providers near the tracks so that Amtrak can educate them also. Selectman Amoruso suggested contacting all daycare providers. x Selectman Robinson updated the Selectman on a Terrorism conference he attended this dated hosted by the Bristol County Sheriff s Office. x Selectman Amoruso thanked Chairman Madan for his three years of service to the Town and wished him well in his retirement. x Clerk McCarter thanked Chairman Madan for his service while on the Board of Selectmen. 8. 11:30 PM Adjournment Clerks Sign ure Date of Approval 31099NIN Page 8 of 8