HomeMy WebLinkAboutBOS MINUTES 4-14-19991 „
1
Board of Selectmen
Minutes tn: ?0
April 14, 1999
Present: Chairwoman Royle, Clerk Wills, and Selectmen Amoruso and McCarkec I
1. 6:30 PM Executive Session
Chairwoman Royle polled the Board to go into executive session to discuss pending
litigation.
Clerk Wills, Aye; Selectman McCarter, Aye; Selectman Amoroso, Aye; Chairwoman
Royle, Aye.
2. The open meeting was called to order at 7:45 PM followed by the pledge of
allegiance.
A. Fair Housing Committee Poster Contest Award Presentation
Fair Housing Committee Chairman, Ronald Webster, explained the history of the poster
contest, and Chairwoman Royle presented each of the contest winners with a certificate.
B. Certificate of Heroism
Chairwoman Royle presented Michael Borden, an eight year old Mansfield resident, with
a Certificate of Heroism for saving his mother and two younger brothers from the
turbulent waters of the Rumford River last June.
C. Warrant 42 - $3,825,093.81
Motion: So moved.
(Amoroso- McCarter) All in favor. Chairwoman Royle abstained on all Board
of Health items, and Selectman McCarter abstained on the Municipal Building
Committee payroll. Passes.
2. Questions and Comments
Peter DeTolio, 496 Elea Street, asked the Selectmen if they had acted on his request last
week to consider taking back the permitting authority for water and sewer connections.
Town Manager D'Agostino explained before doing so criteria n111st be established, which
is presently heing done for Town Counsel's review. Mr. DeTrolio responded that this
should be done quickly and asked if the Board put an article on the warrant to rezone the
Great Waves land, in the event the water park proposal is defeated. Chainvoinan Royle
responded that she thinks the Platming Director has placed a zoning clarification article
on the warrant. Lastly, Mr. DeTrolio asked if Great Waves petitioned DEP to avoid local
conservation issues, to which Chairwoman replied she would have to look into it.
Bill Gerber, Central Street, asked if the Selectmen received a response from Town
Counsel regarding Clerk Wills water connection motion.
3. 8:00 PM Mill Street Small Sewer Extension Public Hearing
Town Engineer Lee Azinheira, and David Field, Engineer, were present for this hearing.
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Clerk Wills read the public hearing notice aloud
Town Engineer Azinheira explained that Mill Street residents applied raider the small
sewer extension program for this project.
Board of Selectmen Questions: None
Public Comments:
Steve McNeil, 333 Mill Street, asked how ballots that are not returned are viewed.
Delores Tarantino, 254 Mill Street, asked if the portion of sewer being connected to was
paid for by the Sandy Hill Estates developer and stated that residents did not have to
contribute to that project. Ms. Tarantino also asked if residents would be required to pay
the full connection charge, what the method of payment would be for the betterment, and
if residents would be paying for water twice.
Peter Zurblis, 337 Mill Street, asked if an offer had been made by the State to assist with
financing the project and the betterment charge.
Clerk Wills inquired of the ballot results received so far, (11 positives and four negatives).
BallotsW/I be opened until April 21.
Philip Salisbury, Hampshire Avenue in a neighboring town, asked approximate cost to
hookup to the sewer lateral and if there would be a requirement for homeowners to hook
up within a certain amount of time.
Delores Tarantino inquired of the timeline for the project and when a definitive cost
would ascertained.
Al Curtis, 361 Mill Street, inquired of the number of laterals to be installed, if it would be
possible to cut into the road after the sewer is installed, the size of the pipe, if a
betterment would be charged each year, if property owners could apply for gas while the
project is underway, and the total length of pipe to be installed.
At 8:35 PM, Chairwoman Royle closed the public hearing.
Town Manager D'Agostino disclosed that he is considering purchasing a piece of property
on Mill Street.
4. 8 :35 PM Continued Street Acceptance Public Hearing
Chairwoman Royle opened the continued street acceptance public hearing, and Clerk Wills
read the original public hearing notice aloud.
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Town Engineer Azinheira reported that there are a number of punch list items for Winslow
Way, but that they are not major and to the best of his knowledge they have already been
corrected or will be in the near future.
Public Comment — None.
Mr. Azinheira will submit the final inspection results to the Selectmen at their May 5
meeting.
Mr. Azinheira reported that a lengthy punch list was sent out to the developer of Frain
Drive as a result of the inspection. Some landscaping work has been started but it is not
certain whether or not all items will be complete by Town Meeting. A final inspection will
be conducted and recommendation submitted to the Selectmen at their May 5 meeting.
Public Comment
Doug Verhic, 27 Fiam Drive, asked when Fram Drive's acceptance would be reviewed
again if it is not accepted this year. Mr. Verbic also questioned the incentive for the
developer to complete the subdivision.
Rick Shae, 51 Frain Drive, requested a copy of the punch list for the residents.
Chairwoman Royle closed the public hearing at 8:44 PM.
5. 8:50 PM Sewer Rate Discussion with Town Engineer Azinheira and
Consultant Chris Woodcock
Mr. Azinheira submitted spreadsheets to the Board containing uniform and block rate
structures similar to the water rates. Mr. Azinheira reviewed the spreadsheets and a
survey of sewer rates in various communities.
Mr. Azinheira recommended the Selectmen adopt the following inclined block rate:
Block Rates
General
0 -3000
3001 -4500
4501 -6000
over 6000
Plus:
IPP -SN /CN
IPP Other
$22.62
$23.88
$25.70
$28.12
$5.77
$3.88
Chairwoman Royle noted that a public hearing would be required before July 1 to
incorporate the new structure into the first FY2000 billing quarter. ,
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Before leaving, Mr. Azinheira requested a waiver of the street - opening fee for the culvert
projects for School, Willow, and West Streets
Motion: So moved.
( Amoroso- McCarter) All in favor. Passes.
The Selectrrren took a five- nrirnrte recess.
6. Great Waves Status Report
After returning from the recess at 9:40 PM, Chairwoman Royle reported the following
motions taken during executive session earlier this evening:
Motion: To direct the Town Manager to work with Town Counsel to prepare a
Request for Proposals for traffic studies dealing the Great Waves project.
(Amoroso- Wills) Roll call vote unanimously in favor. Passes.
The Seleconen will be given a copy of the RFP prior to it being issued.
Motion: To authorize the Town Manger to contact EOEA to initiate a cumulative
study of the area pursuant to the MEPA regulations.
( Amoruso- Wills) Roll call vote unanimously in favor. Passes.
Motion: To authorize the Town Manager and Town Counsel get in touch with
Mass Highway to discuss the curb cut issue regarding Great Waves.
(McCarter - Wills) Roll call vote unanimously in favor. Passes.
Town Manager D'Agostino reported that an article has been placed on the Special Town
Meeting warrant to fund a traffic consultant and any additional legal expenses relating to
the Great Waves project. The court action will be available at the library by the weekend.
7. Weekly Business
A. Licenses and Permits
Application of the Board of Selectmen for a $5,000 Reserve Fund Transfer to cover
legal expenses associated with filing a notice of intent to appeal the issuance of
MEPA's Certificate of Compliance to Great Waves
Motion: To recommend approval.
(McCarter — Amoroso) All in favor. Passes.
• Drainlayers License Application ofNerek Corporation
Motion: To approve subject to payment of the full license fee.
( Amoruso- McCarter) All in favor. Passes.
• 1999 Farmers' Market Regulations — Tabled for One Week
• Hackney License Applications of Foxfield Taxi for Vehicle Nos. 48, 63, 61, 58, and 62
Motion: To approve.
( Amoroso- McCarter) All in favor. Passes.
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• Village at Willow Crossing Common Victualler License Application
Motion: To approve.
(Wills - McCarter) All in favor passes.
• Renewal Application of Classic Pizza for a Common Victualler License
Motion: To approve.
(McCarter - Amoruso) All in favor passes
B. Minutes of April 7, 1999
Motion: To approve.
(Amoroso- Wills) All in favor. Passes.
C. Correspondence
A. Meeting of April 7, 1999 (not vet read into the record)
Other
Resident
Request from Karl Clemmey, 750 South Main Street, to be placed on the Selectmen's
March 31 or April 7 agenda to discuss fees and revenues. Mr. Clemmey later withdrew
his request.
Two Letters from Karl Clemmey, 750 South Main Street, regarding Chairwoman Royle's
request for him to put his concerns relative to the Great Woods entertainment license in
writing
Letter from Karl Clemmey, 750 South Main Street, stating he believes Robert
Mangiaratti's presence on the Zoning Board of Appeals and participation in a hearing in
1979 on the application of Henley - Ludgren Company is a conflict of interest with the
Great Waves project presently being considered. A copy of this letter has been sent to
Town Counsel.
Letter from Vincent Forte, 266 Willow Street, in opposition to the Landbank article
Letter from William I Strom, 794 Ware Street, in opposition to Great Waves
Petition containing eleven signatures in opposition to Great Waves
Letter from Colleen Murphy in opposition to Great Waves
Letter from Kristen Feck in opposition to Great Waves
Letter from David Lee, 18 King Arthur Way, in opposition to Great Waves
Board and Committee
41499.MIN Page 5 of 10
Memorandum from the Municipal Building Committee announcing Richard Feeley has
been reappointed Chairman and James Liddick has been reappointed Clerk
Torun Manager and Staff
Letter from John A. Moretti, Superintendent of Schools, announcing Emil Giordano has
been elected Chairman of the School Committee and Elizabeth Thorton, Vice Chairman
Invitation from the Mansfield Permanent Firefighters to attend a "Night of Belly Laughs"
comedy show featuring area comics at the Taunton Holiday Inn on April 23 at 7:30 PM
and 9:30 PM
State and Local Government
Letter from Ginny Coppola, Aide to Representative Hyland, concerning nominations and
the ceremony on May 18 for the Commissioner's Award from the Department of Mental
Health
Letter from Garth Patterson, Office Manager, Office of Congressman Barney Frank,
informing the Selectmen Congressman Frank reintroduced language into the new
Transportation spending bill which puts an emphasis on Amtrak's responsibility to
complete fencing in Attleboro, Sharon, Mansfield, and Foxboro before high speed rail is
operational
Letter from Mass Highway informing the Town of its upcoming highway sweeping
operations, April 12 A copy of this has been given to DPW.
Letter from Mass Development stating on March 11, Mass Development gave preliminary
approval to a revenue bond project to be financed on behalf of Amego, Inc. to be located
at 114 Rumford Avenue and 2 Morse Court in Mansfield by a bond to be issued pursuant
to Chapter 23A and 40D of the General Laws. Copied to Planning Director, Building
Inspector, and IDC. Memoranda from Planning and Building Depts. attached to letter.
Miscellaneous
Letter from Grady & Stopa, LLC, concerning the Town's sale of four lots located within
the Balcom Ridge Subdivision
Letter from Donna L. Allenson, North Attleboro resident, expressing concern regarding
the high speed rail project and stating that she is willing to work with an advocacy group
to stop the high speed trains unless a cement barrier is erected
Fax from Heather Graf, CCATS, concerning the high -speed rail project
Letter from Time Warner Cable with attached 1998 Social Contract Progress Report
Copied to Cable Advisory
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Petition from Foxboro residents to the Department of Environmental Protection to
( produce and implement a plan in accordance with 310 CMR 40.1405, to involve the public
(in municipalities potentially affected) in decisions regarding response actions at the Tier I
A Disposal site on Cocassett Street in Foxboro
B. Meeting of Apri114, 1999
Action:
Resident
Letter from Mr. and Mrs. James Doherty, 27 Court Street, requesting the Town clean up
the Court Street walkway by installing "No Loitering" signs and removing the hills Police
Chief O'Neill, in the audience, stated bike patrols would be patrolling the area shortly.
Selectman Amoroso requested a follow -up report.
Letter from Denise Moore, 54 Union Street, suggesting the Selectmen consider combining
the funds they voted to expend on an environmental attorney to review Great Waves
documents and file the notice of intent with the $2,500 in Conservation funds to review
the need for a hydrologists and biologists review of the site, the need to research the
effects on the environment from chemically- treated water, and whether or not the quality
of water pumped from the site's wells will require a treatment system or facility, or what
method of treatment the proponents plan to use to treat water quality issues as they arise
State and Local Government
Letter from Commission of Energy Resources, David O'Connor, offering to have a
representative of the Division of Energy Services speak to the Selectmen about the newly
restructured electricity market
Other
Resident
Letter from Karl Clemmey, 750 South Main Street, concerning Great Woods
entertainment license fee structure for town equipment rental, i.e. cruisers
Board and Committee
Letter from H. Thomas French, Chairman, Planning Board, stating the Board voted
unanimously to send the Selectmen a positive recommendation on the Fruit Street
compost facility
Town Manager and Staff
Memorandum to the Board of Selectmen from Steve Bishop, Acting Water Operations
Manager, concerning a request for a structural Condition Assessment for the Foolish Hill
Reservoir
Memorandum from John D'Agostino, Town Manager, informing the Selectmen the Town
will host two ethics commission workshops on September 16, one during the day and the
other during the evening.
41499.N" Page 7 of 10
Memorandum from Town Manager D'Agostino with attached salary survey of
surrounding communities
Memorandum from Town Manager D'Agostino concerning an injury sustained by Light
Department employee, John Albertini, and emphasizing the need for permanent automatic
generators at the Electric Department so that contact with the Linemen is always
maintained, especially during emergencies
State and Local Government
Letter from the Department of Telecommunications and Energy informing the Selectmen
of a rate hearing scheduled for Time Warner's basic tier programming rates on May 11,
1999, at 11:00 AM in Boston. If the Selectmen would like to participate in the hearing, a
petition must be filed with the Cable Division and Time Warner at least five working days
before the hearing.
6. Old Business
A. Town Manager
• The Norton Planning Board will host a public hearing on Tuesday April 27 on the
application of the Park at Great Woods Corp. for a TPC Golf Course.
• An article appeared in the Sun Chronicle concerning inorganic compounds found in
the soil at Memorial Park containing a medicinal odor. The compounds were
discovered 5' below the surface and are isolated to the back quadrant of the park. No
test results have been submitted yet but should be available by the end of the week. A
local licensed site professional has been instructed to fast track the tests to determine
the substance type. The Town may need to perform a remedial effort, which could
cost $100,000 -$1 Million. The Health Agent is involved in the effort and will
determine the health risk, if any, as well as if the park should be closed permanently or
just during the remedial effort.
• A tentative meeting date of May 20 has been set to review the Route 495 southbound
ramp. Mr. D'Agostino spoke to Norton Town Manager McCabe regarding an article
that appeared in the Norton Mirror stating funding for the ramp is being sought by
Senator Kennedy. Mr. D'Agostino asked if the Selectmen are in favor of requesting
funding for the ramp. Members of the Board responded that they had not seen the
proposed location for the ramp, what it looks like, or who it would impact.
Chainvornan Royle requested the Town Manager speak with Mr. McCabe to find out
more about the proposal and stated she would request Norton's Chairman keep the
Mansfield Selecfunen h fortned.
• The Planning Director completed his comments on a letter from Mass Development
stating on March 11, they gave preliminary approval to a revenue bond project to be
( financed on behalf of Amego, Inc. to be located at 114 Rumford Avenue and 2 Morse
41499.MIN Page 8 of 10
Court in Mansfield by a bond to be issued pursuant to Chapter 23A and 40D of the
( General Laws
Motion: to send a letter to Mass Development stating the project is not in conflict
with any local plans and the project is exempt from zoning.
( Amoruso- Wills) All in favor. Passes.
• The first Municipal insert will be placed in the next edition of the Electric Department
newsletter.
• With the Special Town Meeting warrant closing this evening, Mr. D'Agostino
suggested the Board set aside time for article review.
• An article has been placed on the Special Town Meeting warrant to fund legal fees
associated with appealing MEPA's issuance of the Certificate of Compliance for Great
Waves, which will have to be transferred from Overlay. As much as $150,000 maybe
required for insurance. Selectman Amoroso inquired of savings that would be realized
with switching to Blue Cross/Blue Shield insurance.
• Recylcing and waste tonnage amounts presented by Mr. Vinagro's, N.E.E.D, last
week were incorrect. A little over 6,000 tons in waste has been collected so far this
year, not 8,000 or 9,000 tons as suggested by Mr. Vinagro.
• Mr. D'Agostino met with a Gilbert Street land owner,Owen O'Connor last week. Mr.
Burke recommends purchasing the Gilbert Street land to protect the aquifer.
Chainwonian Royle asked if the land is buildable.
Water issues were discussed at the April 13 Great Waves residents' meeting, and Mr.
D'Agostino informed the group that a water ban would be in effect June 1.
B. Selectmen
Motion: To enter into an agreement with Brown & Barret for audit services for FY
1999 and 2000, with an option for the third year at our discretion for the
amounts proposed.
(McCarter - Wills) All in favor. Passes.
• Selectman McCarter inquired about the pilot formula for the Electric Department and
asked if the Finance Committee provided a recommendation on the formula. Mr.
D'Agostino responded that it is not the Committee's intention to make a
recommendation.
• Selectman McCarter attended the Great Waves residents meeting last night and
commended the residents on their efforts.
41499.1NITN Page 9 of 10
Chairwoman Royle asked the Selectmen if they would like to review the Electric
Department pilot formula or if they would support the additional $150,000 this year
and review and establish a formula effective next year.
Selectman McCarter stated that he would support the additional $150,000 this year with
reservations that the formula needs to be worked on and that he does not want using the
Electric Department to balance the Municipal budget to become a habit.
Motion: That we approve the additional $150,000 from the Electric Department as
the pilot payment for this year only.
( Amoruso- McCarter) All in favor. Passes.
Chairwoman Royle asked if the Board feels a representative should attend the Great
Waves residents meetings. Selectmen will take this under advisement. Attendance
should be for informational purposes only.
Chairwoman Royle asked if the Town should invite SRPEDD to the next 495 ramp
meeting with Mass Highway and a consensus of the Board was in favor.
Chairwoman Royle sought the Selectmen's support to petition the State to install signs
on Route 140 warning motorists of the School Street/Route 140 traffic signals when
travelling towards Norton.
Motion: To petition the State in the interest of public safety.
(Amoroso- McCarter) All in favor. Passes.
7. New Business
Clerk Wills stated that he would like to discuss the Town Manager's raise in public,
and Selectmen McCarter and Amoruso stated that they would have no problem
discussing the raise in public but not this week with the short amount of time
remaining.
Town Manager D'Agostino stated that it would be alright with him if it would be easier
for the Board to discuss his raise in executive session.
Motion: To place Mr. D'Agostino's raise on next
session.
(McCarter - Amoruso) All in favor. Passes.
Motion: To close the Special Town Meeting warrant.
(Amoroso- Wills) All in favor. Passes.
S. 11:10 PM Executive Session
Motion: To go into executive session to discuss
week's agenda in executive
deployment of public safety
personnel and come out only to adjourn.
(Amoroso- Wills) Clerk Wills, Aye; Selectman McCarter, Aye; Selectman
/ noruso, Aye; Chaj�ypomanRoyle, Aye.
ui14/ (� �.
Clerk's Sig4 tore Date of Appr val
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