HomeMy WebLinkAboutBOS MINUTES 4-21-1999Board of Selectmen
Minutes
April 21, 1999
( Present: Chairwoman Royle, Clerk Wills, Selectmen Amcpso,.M�Carter, and, l'obinson
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. 43
Motion: So moved.
(Robinson- Amoruso) 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.
B. Licenses and Permits
• 1999 Farmer's Market Rules and Regulations
Motion: So moved.
(Robinson - Wills) All in favor. Passes.
• May 10, 1999, Special Town Meeting Warrant
Motion: To sign with an amendment that the Meeting shall convene at 7:30 PM not
7:00 PM.
(Wills- Amoruso) All in favor. Passes.
C. Correspondence
Action
Resident
Request from Kim Parsloc, 79 South Street, for the Town to install speed limit signs,
children at play signs and dangerous curve signs on South Street Forwarded to Police
Department for review and reconnnendation
Town Manager and Staff
Request from Town Engineer, Lee Azinheira, for a waiver of the municipal permit fees
associated with the Contract for Culvert Replacements Project for Willow, School, and
West Streets
Motion: To approve the Town Engineer's, Lee Azinheira, request for a waiver of
the Municipal portion of the permit fees subject to an evaluation of the
contract to be sure the entire fee is not included in the contract bid amount.
(Amoruso- Robinson) All in favor. Passes.
Memorandum from Town Manager D'Agostino requesting the Selectmen advise him on
their position on his proposal to purchase three acres of land as part of the Williams
Street bridge project
Motion: To obtain the appropriate appraisals.
(Amoruso- McCarter) All in favor. Passes.
Miscellaneous
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Request from the Gridiron Club of Mansfield for permission to display three large signs
(6 feet by 4 feet) in front of the Robinson School*, North Common, and South Common.
The signs will advertise their upcoming flea market and craft sale. *A copy has been
forwarded to the School Department.
Motion: To approve the display of the signs on the North and South Commons
provided the signs meet all zoning requirements.
(Amoroso- McCarter) All in favor. Passes.
Request from Jim O'Driscoll, Citizens' Scholarship Foundation, seeking approval for the
placement of four sign posts to advertise the Foundation on Routes 140 and 106 close to
the Town lines. The signs will be 2' X 3'.
Motion: To approve subject to the Building Inspector's review for compliance with
the zoning requirements. Sign placement must be coordinated with the
Police Department for public safety reasons.
( Amoroso- McCarter) All in favor. Passes.
Letter from the Bristol County Selectmen's Association seeking the Selectmen's support
by writing a letter to our State Representative and Senator to restore lost Chapter 90
funds to the upcoming Transportation bond bill
Motion: So moved. If a letter has already been seat, afollow -tip should be.
(Amoruso -Wills) All in favor. Passes.
Other
Resident
Request from Barry and Barbara Bayon, 428 South Main Street, for time on the next
Airport Commission's agenda to discuss quality of life issues relative to the airport, i.e.
noise levels and the increase of traffic in and out of the airport A copy has been
forwarded to the Airport Commission. The Commission will he meeting 1vith neighbors
on April 28 at the Airport to discuss their concerts.
Board and Committee
Memorandum from Selectman McCarter to Chairwoman Royle and Selectman Robinson
commenting on the Great Woods Entertainment license renewal
Town Manager and Staff
Memorandum from Town Manager D'Agostino with attached salary survey of
Department Head positions.
2. Questions and Comments
Mike Healey, 18 Casa Drive and Cable Access Board of Directors, reported that Cable
Access Corp. voted by a four to zero vote to return the $8,500 check for the Cable
Director's salary to Time Warner. All subscribers that have been billed for this payment
should receive refunds. Cable Access also requests that Time Warner notpass through
anymore costs to subscribers on contract issues that have already been signed off on.
Mike Healey present Selectman Amoroso with a plaque for his many years of service on
the Cable Access Board.
Bill Gerber, 362 Central Street, reported, during the resident's Wave Good Bye
demonstration this past weekend, the group received a lot of support and only a few
negative responses. Mr. Gerber inquired of the status of Town Counsel's review of
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motions made by Clerk Wills at a recent meeting concerning imposition of a water
connection moratorium. Mr. D'Agostino responded that criteria would need to be
established by legal counsel. Chairwoman Royle stated Dick Samuels, Great Wales
proponent, would be at the May S Selectmen's meeting. Selectman McCarter stated he
hopes legal counsel is aware that the Secretary Durand included language for a water
moratorimn in the Mepa Certificate issued for Great Waves.
Margaret Flannery, 502 Willow Crossing, stated she is totally opposed to the Great
Waves water park because of the impact on conservation land and Mansfield's natural
resources.
3. May 15, 1999, Safety Day Discussion with Police Officer Whiting
Mr. Whiting requested, on behalf of the Mansfield Police Association, in order to keep
children safe during Safety Day, permission to close Union Street from Horace Street to
West Street. Safety Day events will be held on the South Common. Mr. Whiting also
requested the Town Manager close the parking lot in front of the Town Hall and School
Administration Building on that day and allow participants to use Town Hall restrooms.
Officer Whiting clarified his request to close Union Street from Park Row to West Street.
Selectman Amoruso suggested the Association distribute fliers to area residents
concerning the closure of Union Street on that day.
Motion: To approve Mr. Whiting's request to close Union Street from Park Row to
West Street on May 15, subject to the Police Chief's approval.
( Amoruso- Wills) All in favor. Passes.
Town Manager D'Agostino stated that he has no problem closing the parking lot and
allowing use of Town Hall restrooms on that day. Arrangements should be made to have
an attendant on duty in the Town Hall.
4. 8 :15 PM Datel Storage of Flammables Public Hearing
Chairwoman Royle opened the public hearing and Clerk Wills read the public hearing
notice and department head comments. Datel requested a Storage of Flammables License
for 500 gallons of flammable liquids -300 gallons Class IA, 100 gallons ClasslB, and
100 gallons of Class 1C.
Lt. Joseph Sarro and Datel representatives John Casper and Pete Davis were present. Lt.
Sarro explained Datel has been using the fluids for many years but during a recent
inspection, when Lt. Sarro requested to see their license, he was told they did not have
one. The purpose of the application and subsequent hearing is to correct the situation.
Mr. Casper explained Datel has eighteen flammable cabinets throughout its facility. The
products are purchased and stored in the vendor's containers and dispersed in small
containers to work stations. There are no actual tanks on site.
Board of Selectmen Questions and Comments
Members of the Board asked questions such as if the 55- gallon drums meet requirements
for storage, if there are vents, proximity to cabinets that smoking is allowed, whether or
not forklifts are in operation in the facility, and if the cabinets are locked during the
day /evening.
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Motion: That we grant approval of the application for the license for storage of 500
gallons of flammable liquids aboveground to Datel as delineated in the
license and recommended by Lt. Sarre.
(Wills - Amoruso) (4 -0 -1) Chairwoman Royle abstained. Passes.
5. 8:30 PM Park Street Conduit Locations Public Hearing
Chairwoman Royle opened the public hearing and Clerk Wills read the public hearing
notice and memoranda from the Electric Department Director Jack Beliveau and
Engineer David Field.
Becky Sawyer, Engineer, was present to represent Bell - Atlantic on their petition.
Ms. Sawyer requested the Selectmen's permission to lay conduit from Pole No. 2 to 3 on
Park Street. In response to Engineer Field's memorandum requesting more detailed plans
for the project, Ms. Sawyer stated Bell Atlantic does not normally submit plans that are
more detailed until approval is granted.
Town Manager D'Agostino addressed Ms. Sawyer stating Mansfield has been and
continues to seek an estimate from Bell Atlantic to place all cables underground on North
Main Street from the North to South Common.
Board of Selectmen Questions and Comments
Members of the Board asked questions such as the last time Park Street was paved, why
the application is from Pole 2 to 3, if having too many risers on a pole is a public safety
hazard, effect of denial of the petition, timeframe for project, and why Mr. Beliveau has
not received a response to his request for an estimate.
Public Input
Peter DeTrolio, 496 Ebn Street, requested the Selectmen deny the application based on
their lack of cooperation providing estimates for placing the cable underground.
Chairwoman Royle suggested approving the petition contingent upon Bell- Atlantic
submitting more detailed plans, Park Street not having been paved within the last five
years, and the Electric Department Director receiving communication from Bell- Atlantic
regarding estimates.
Motion: To continue the public hearing to May 12 at 8PM.
( Amoruso- Robinson) All in favor. Passes.
6. Correspondence Continued
Letter from Bertram Cook, Inspector of Buildings /Zoning Enforcement Officer, stating
the Zoning By -Law specifically prohibits under Section 4.7.5.4 "Pennants, flags,
whirligigs and banners ". Mr. Cook suggests if the Board so desires it may request a
change in the Zoning By -Law from the Planning Board. Members of the Board asked if
complaints had been received by the Town concerning the banners, and a majority of the
Board agreed if a complaint is received, the banters should be removed. A consensus of
the Board was also in favor of sending a memorandum to the Plamiing Board requesting
the Board review a zoning amendment to allow non profit organizations to display
banners for events.
Chainivoman Royle stated the Selecbnen received a letter from the Tweeter Center
requesting a postponement on their entertainment license until May S.
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Notification from Town Engineer Lee Azinheira that the School Street culvert near the
Spring Street /School Street intersection will be under construction beginning the Week of
April 19 through May 4, 1999. During construction, weekdays, 7am -5pm, one lane on
School Street will be closed. After working hours, both lanes will be open to traffic.
Memorandum from Bea Kearney, Town Accountant, appointing Patricia Metrano Acting
Town Accountant during her absence from April 20, 1999, through April 26, 1999.
Invitation from Police Chief O'Neill to a demonstration of the Mansfield Police
Department's weaponry on April 20 at 6:30 PM
Memorandum from Superintendent Moretti informing the Selectmen that he ordered a
freeze on operating spending until May 15 in an attempt to absorb and mitigate a
potential deficit of $180,000 in his operation account. The deficit is a bi- product of a
$106,000 deficit in Special Education Tuitions and $75,000 in the Personnel Account.
State and Local Government
Memorandum from Norton Town Manager, Christopher McCabe, requesting the
Selectmen's thoughts on sending a letter to Senator Kennedy's office requesting support
for the Rt. 495 southbound access ramp, along with relevant background information and
cost estimates Mr. D'Agostino reported that the cost estimate for the ramp is $800, 000.
In response to Selectman McCarter's inquh y of whether or not the Board had ever taken
a position on the ramp, Chairivoiman Royle stated she would prefer not sending any
letters to Senator Kennedy until the Board hems from Mass Higinvay and ascertains if
the ramp would be located in Mansfield. Chairwoman Royle and Selectman McCarter
agreed that the entire Board, rather than the subcommittee, should attend the next Route
495 ramp meeting on May 20. Selectman Atnoruso questioned if construction of the
southbound ramp implies a northbound ramp in the future.
Miscellaneous
Letter from the Bristol County Selectmen's Association emphasizing the importance of
attending Selectmen's Association meetings
Letter from Bruce Montgomery, General Manager, Tweeter Center, with enclosed crown
victoria calculation costs and a newspaper article concerning the limousine service fee
7. 9:15 PM Vote Position on Special Town Meeting Articles
Article 1
Unpaid prior year Bills - $323.00 Free Cash
Sponsor: Board of Selectmen
Motion: To support.
(McCarter - Robinson) All in favor. Passes.
Article 2
Transfer a sum of money between various departmental budget accounts
Sponsor: Board of Selectmen
Motion: To table until we look into further,
(McCarter -No Second)
Motion: To support Article 2.
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( Amoroso -Wills) (4 -0 -1) Chairwoman Royle abstained. Passes.
Article 3
Morse Property - $492,000 Stabilization
Sponsor: Board of Selectmen
Motion: To approve.
(Amoroso- Robinson) All in favor. Passes.
Article 4
Transfer a sum of money from available funds for expert witnesses and legal services for
the Great Waves appeal and local permitting process
Sponsor: Board of Selectmen
Motion: To support in principle.
(Robinson- Amoruso) Withdrawn.
Motion: To table pending a more definitive number.
(Amoroso- Robinson) All in favor. Passes.
Article 5
$169,000 from Overlay for Health Insurance Costs and $36,500 for Medicaid Costs
Sponsor: Board of Selectmen
Motion: To support.
(Robinson - Amoroso)
Motion: To table.
(Robinson - Amoroso) All in favor. Passes.
Article 6
Canoe River Sewer Project - $814,580 Mass Water Pollution Abatement Trust
Sponsor: Board of Selectmen
Motion: To support.
(Robinson - Amoroso) All in favor. Passes.
Article 7
Canoe River Sewer Project - $156,580 Borrow Under MGL Chapter 44 Section 8(15) as
amended
Sponsor: Board of Selectmen
Motion: To table until we receive more information.
( Amoruso- Robinson) All in favor. Passes.
Article 8
Canoe River Sewer Project — Assess Betterments
Sponsor: Board of Selectmen
Motion: To support.
(Amoruso -Wills) All in favor. Passes.
Article 9
Transfer a sum of money into Stabilization
Sponsor: Finance Committee
Motion: To support.
(Amoroso- McCarter) All in favor. Passes.
Article 10
Transfer $3,500 from Highway Personnel Services Account to Data Process
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Sponsor: Board of Selectmen
Motion: To support.
(Robinson - Amoruso) All in favor. Passes.
Article 11
Grant an easement to Norton to use, maintain, and operate as a public bicycle path on
land owned by Mansfield
Sponsor: Board of Selectmen
Motion: To support.
(Amoruso -Wills) All in favor. Passes.
Article 12
Accept Lakeview Avenue Drainage Easement
Sponsor: Board of Selectmen
Motion: To support.
( Amoruso- McCarter) Withdrawn.
Motion: To table until we receive the Town Engineer's recommendation.
(Amoroso- McCarter) All in favor. Passes.
Article 13
Accept Plantingfreld Road Drainage Easement
Sponsor: Board of Selectmen
Motion: To table until we receive the Town Engineer's recommendation.
( Amoruso- McCarter) All in favor. Passes.
Article 14
Add a new section to the General By -Laws "Mechanical Protection Devices"
Sponsor: Mansfield Police Department
Motion: To table pending receipt of a definition for "False Alarm ".
(Amoroso- McCarter) All in favor. Passes.
Article 15
Amend the Zoning By -Law by adding a new definition "3.2.4.1 Recreation, Mansfield
Non - Profit..."
By Petition: Mansfield Youth Soccer
Motion: To support contingent upon Planning Board's approval.
(McCarter - Amoruso) All in favor. Passes.
Article 16
Selectinmz Robinson left the room for the discussion of Article 16.
Appropriate $13M to construct and originally equip and furnish a gymnasium addition to
the Qualter's Middle School
By Petition: James Higgins
Motion: To table, invite Mr. Higgins to the next Selectmen's meeting to explain the
article, and inquire of the School Committee's recommendation.
(Amoruso -Wills) All in favor. Passes.
Selectman Robinson returned to the meeting.
Article 17
Amend the Zoning By -Law to rezone 792 West Street from Residential District 1 to
Industrial District 1
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By Petition: Rose G. Parante
Motion: To table and request a recommendation from the Planning Board and IDC.
(Wills - McCarter) All in favor. Passes.
8. Old Business
A. Town Manager
• The first round of interviews for the DPW Director's position has been completed.
The second round will be early next week and will be more situational with specific
questions for each participant to respond to in writing, and a round of situational
questions will also be asked during the interview answered verbally.
• Two interview committees have been formed, one for the DPW Director and the other
Water Operations Manager position. The new DPW Director will select the Water
Operations Manager out of final three or four suggested by the Committee.
• The next public train station meeting will be May 6 at 7:00 PM, and the next task
force meeting will be May 4 at 10 AM. The Selectmen are in receipt of the
preliminary master plan for the development of the train station. Mr. D'Agostino
requested any comments the Board may have on the plan.
• The next Route 495 ramp meeting is scheduled with Mass Highway on May 20 at
7:30 PM in the Town Hall.
• The ribbon cutting ceremony for the Village at Willow Crossing is scheduled for May
2 at 2PM.
• The next Conservation Commission meeting on the Great Waves project will be April
26 at 7:30 PM,
B. Selectmen
• Chairwoman Royle asked the Board members for their input on her suggested
amendments to the Operating Procedures adopted by the Selectmen on January 12,
1994.
Motion: To adopt the operating procedures as amended.
(Wills- Amoruso) All in favor. Passes.
• Chairwoman Royle inquired of the Board's position on a fee waiver policy proposed
by the Town Manager. A majority of the Board ivould like to continue to waive fees
for non prof t organizations, but f lather discussion /action on the policy was tabled.
• Clerk Wills stated he received a call from a resident concerning this past Sunday's
little league parade who suggested the parade should be in the afternoon rather than
morning during church services. Chaitivontan Royle apologized for the oversight.
• Clerk Wills asked if Mr. Vinagro, N.E.E.D, was notified of the discrepancy in
Mansfield's tonnage amounts for recyclables and waste collection Selectman
Amoi7iso suggested the Town host an in formational recycling table at the next
downtown event.
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• Clerk Wills requested the Town Manager check on the legal opinion for the water
connection motions he made at a previous meeting.
• Clerk Wills inquired about the status of funding for the Route 495 southbound ramp
from Senator Kennedy's office.
• Clerk Wills requested additional handicap parking spaces downtown near Dr.
Sibilia's Office, Wallpaper City, and the Methodist Church. Chairwoman Royle
suggested requesting a recommendation from the Police Department.
• Clerk Wills asked when an appointment would be made to fill his vacancy on the
Airport Commission.
• Selectman McCarter inquired about the status of the budget, and Selectman Amoroso
asked at what level CIP would be funded, $890, 000.
• Selectman McCarter asked if DPW had been back to Church Street homeowners
affected by the installation of sidewalks last year.
• Town Manager D'Agostino reported it will cost approximately $200,000 to $300,000
to remove as much 20 yards of fill where a foreign substance was encountered in the
basketball court area at Memorial Park. The material is not widespread. Options for
the site will be offered next week; however, it is Mr. D'Agostino's inclination that the
material will have to be removed. If an order is issued by DEP, the Town could
clean up the site and get the appropriation afterwards.
• Selectman Amoroso stated that he placed a booklet on the desk in the Selectmen's
Office for review concerning legislative tax abatements for senior citizens.
9. New Business
A. Town Manager
Messrs. D'Agostino and Azinheira met with a Water Conservation Engineer, who is a
resident, who believes he could save the Town between 10 and 20 million gallons of
water in a year. Mr. D'Agostino is exploring the Town's ability to purchase water
conservation packets, low flow shower head units, low flush units for toilets and
increasing Town Meeting attendance by giving the packets free to participants.
B. Selectmen
• Clerk Wills requested the Town Manager look into landfill mining for Mansfield's
landfill, placing an underground cement holding tank for water in the landfill, and
constructing a community center on top of the tank. Clerk Wills request ivas tabled
when he was informed that the landfill cannot be touched for tiventy years.
• Referencing a newsletter from the Electric Department sent to him at the incorrect
address, 6 Brookside Road, Selectman Robinson asked when he moved, and
expressed concern that comments on the newsletter were due before lie received it.
• Selectman Robinson asked if DPW is aware that Plowshare Court is sinking.
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• Selectman Robinson asked if any of the Selectmen would be attending the May 7
Law Day exercises in Attleboro.
• Selectman Robinson requested the Selectmen's Secretary make an appointment for
him to meet with Senator Sprague to discuss military issues.
• Chairwoman Royle announced that the Water Department will host an open house on
May 2 from 11 am to 2pm, at which the Water Wizard will attend.
• Selectman Amoroso inquired if the Board would hold an executive session on April
28 to discuss Mr. D'Agostino's raise for the next fiscal year. Chairwonlall Royle
stated she would like something in lvriting that Mr. D'Agostino is the Electric
Department Manager and receives a stipend and questioned what he would like his
raised based upon.
Town Manager D Agostino reviewed his goals and objectives as outlined in his
budget message dated May 1998.
Selectman McCarter stated that he supports Mr. D'Agostino and his request for a
raise but that the amount would be discussed next week. Both Charwoman Royle
and Clerk Wills agreed.
10. Adjournment —11:15 PM
Motion: To adjourn.
A ( Amoruso- Wills) I in favor. Passes.
n'e Date fA proval
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