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HomeMy WebLinkAboutBOS MINUTES 4-7-1999Board of Selectmen Minutes April 7, 1999 ( Present: Chairwoman Royle, Clerk Wills, Selectmen Amoruso and McCarter r 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. 41 - $1,097,283.71 Motion: To approve. ( Amoruso- McCarter) All in favor. Chairwoman Royle abstained on all Board of Health items and Selectman McCarter abstained on the Municipal Building Committee payroll. Passes. B. Minutes * March 17, 1999 Motion: To approve. (Amoroso- McCarter) All in favor. Passes. * March 24, 1999 Motion: To approve. ( Amoruso- McCarter) All in favor. Passes. * March 30, 1999 Motion: To approve. ( Amoruso- McCarter) All in favor. Passes. * March 31, 1999 Motion: To approve. (Amoroso- McCarter) All in favor. Passes. C. Licenses and Permits Memorandum from Bertram Cook, Inspector of Buildings /Zoning Enforcement Officer, requesting the Selectmen raise the Revolving Building Inspection Accounts to $150,000 because it is presently nearing its spending limit of $110,000 Motion: To increase the account funds to a maximum spending cap of $150,000 with the provision that funds may not be spent above the amount of fees collected. ( Amoruso- McCarter) All in favor. Passes. D. Report of Town Counsel re: Great Waves Appeal Town Counsel Mangiaratti reported to the Board of Selectmen and townspeople that the Town Manager is proposing to retain the services of the environmental law firm ( McRoberts and Roberts. Attorney Mark Roberts practices environmental law only and feels that he can work within the short time frame to file the notice of intention to appeal 4799.M[N Page 1 of7 the Great Waves Notice of Compliance by the April 12 deadline. Attorney Roberts will charge $200 an hour for his services with a cap of $5,000. This includes a municipal discount. Services will include filing the Notice of Intent, reviewing all documentation, reporting to /meeting with the Selectmen on litigation worthy issues a couple of times, and suggesting strategy. Motion: To authorize the Town Manager to sign the contract with McRoberts and Roberts with a $5,000 cap. (Amoruso- Wills) All in favor. Passes. Motion: To submit an article on the Special Town Meeting warrant inquiring of the amount of money the Townspeople are willing to spend to pursue an actual appeal of MEPA's issuance of the Certificate of Compliance by litigating its issuance in court and hiring expert witnesses. (McCarter - Amoroso) All in favor. Passes. 2. 8:00 PM Cable License Transfer Public Hearing from Time Warner to MediaOne Chairwoman Royle read the public hearing notice aloud and read a statement concerning the application and the format that would be followed for the hearing. The following persons were present for this hearing: * Mansfield's Special Counsel Attorney William August * Cable Advisory and Access Members: Jay Goldman, Cable Advisory Chairman Mike Healey Cable Access Corp. Board of Directors Representative on Cable Advisory Robert Varley, Cable Access Corp. Board of Directors, Paul Stein, Cable Access Program Director * Time Warner Representatives: Nick Leuci, Vice Present Government Affairs and Community Relations; Christine Allen, Manager, Government Affairs; and Attorney Sally Williamson * MediaOne Representatives: Mark Reilly, Tim Gage, Manager Government Affairs, and Paul Johnson The following documents were entered into the public record at this time: application for transfer, March 26, 1999, letter from Horton & August, P.C. with attached interrogatories relative to the application for transfer, newspaper advertisements, and the transcript of stenographer Attorney August requested MediaOne submit a copy of the hearing transcript to the licensing authority. MediaOne submitted written answers to questions presented to them by the Town in writing. 4799.NUN Page 2 of 7 Mr. Leuci submitted an affidavit for cable casting the public hearing notification. Mr. Reilly of MediaOne reviewed the criteria the Selectmen may evaluate when reviewing ( the transfer application and summarized the history of MediaOne. Questions and Comments: Mr. Goldman asked if the two -way interactive communications would allow MediaOne to provide true a la carte programming or if they would offer the same type of packages as Time Warner. (Similar to Time Warner) Attorney August asked questions concerning the following: timing for telephone/1-Net service and whether or not it is merely an intention or actual plan; (actual plan, end of this year, beginning of next); availability of I -Net service to Public Library and Schools, (will assist schools when the Social Contract expires); status of I -Net connection for Municipal Offices; and status of school wiring issues Mr. Leuci reported that all the classrooms in the Qualter's Middle School and High School will be wired by Time Warner under the social contract; the Robinson School wiring has not yet been resolved. Earlier commitments made automatically granting the senior citizen discount to all Bicentennial Court, Park Street, and Cedar Court residents will remain in effect, as will wiring the train station for surveillance cameras. Attorney August asked questions concerning electronic changes at the nodes and the affect on Mansfield's public ways, organizational structure for MediaOne, and status of Comcast's acquisition of MediaOne. Mr. Healey stated he would like to know the balance of the Equipment Repair Account at the time of the license transfer ($2, 000 has been given to Cable Access by Time Warner each year for this) and inquired where equipment would be repaired. (Probably Foxboro) Mr. Goldman inquired of the differences in social contracts that lead MediaOne to stay with Time Warner's rather than their own, if MediaOne has or will request an extension of their social contract anywhere in the U.S. Lastly, Mr. Goldman asked if MediaOne sees any disadvantages to Mansfield if the license is shortened by one year because of this transfer. Mr. Healey stated that Cable Access is in the process of moving the cable studio and the present license requires the licensee to relocate the studio for them. Mr. Reilly responded that MediaOne would Honor every provision in the license. Board of Selectmen Questions and Comments: Members of the Board of Selectmen asked questions concerning the upcoming TimeWarner rate schedule hearing and appropriateness of Mansfield's participation in light of the transfer, plans to install fiber optics in the industrial park, and quality of service /reception. 4799.MIN Page 3 of 7 Paul Johnson, MediaOne, addressed the Selectmen concerning MediaOne's commitment to customer service. 3. 9:10 PM Village at Willow Crossing All Alcohol License Public Hearing Chairwoman Royle opened the public hearing and continued it until 9: 30 PM. 4. Cable License Transfer Public Hearing Board of Selectmen Questions and Comments: Members of the Board continued to ask questions concerning the number of communities served in Massachusetts by MediaOne, success ratio in communities, whether or not license renewal will be sought in Mansfield, total number of cable companies in existence, result of denial of the transfer application, if clearer reception would be provided, provision of video service for Mansfield's schools, and if consideration could be given to offering basic service free of charge. Mr. D'Agostino commented on what lie and the Selectmen believe to be a misinterpretation of the Cable License concerning TimeWarner's payment of the Cable Access Program Director's salary and benefits and asked Mr. Leuci to explain his interpretation. Selectman Amoroso added that the Town does not want the $8,500 payment if it is going to be taken from the ratepayers via an increase on monthly cable bills. Mr. Goldman requested a breakout from MediaOne of what consumers would be charged if the cable license is shortened by one or two years. Chairwoman Royle continued the public hearing to May 5 at 8pm. Sally Williamson of Time Warner Cable requested copies of any written comments the Selectmen receive up until the continued public hearing. 5. 9:45 PM Village at Willow Crossing Alcohol License Public Hearing Clerk Wills read the public hearing notice and Department Head comments aloud. Dennis DeGloria was present representing the Village at Willow Crossings L.P. Mr. DeGloria thanked the Selectman and community for welcoming the Village to Mansfield and announced the grand opening of the clubhouse will be May 2. The Village at Willow Crossing is an assisted living complex for senior citizens located at 25 Cobb Street, which opened its doors on January 6. Mr. DeGloria requested limited hours for the license, before dinner from 4PM to 5:15 PM, except for special activities and functions. A policy and procedures manual has been established requiring all bartenders and servers to attend training. A "shutoff' policy has also been established. Board of Selectmen Questions: Members of the Board asked questions such as whether or not a tenant could use the function room for a family member's wedding reception, maximum pub capacity, if the intent of the license is to serve residents and their guests, why the application is not for a ( club license, if alcohol would be served in the dining room, and if a resident and their guest would be served a drink if they arrived at the pub at 5:30 PM. 4799.MIN Page 4 of 7 Public Questions: Robert Bruno, 100 South Main Shvet, asked if the dining area should be included in the licensed area description if the applicant is planning on serving in the area and expressed opposition to a function facility in this residential area. Paul McDonald, 170 South Main Street, asked why the issue of the liquor license application was not discussed during the special permit process. Town Manager D'4gostino stated under the present application alcohol could only be served in the pub area. Mr. DeGloria may seek an alteration to the license in the future to inchnde the dining area. Paul McDonald, 170 South Main Street, expressed concern with a liquor license being granted to the site when independent people age fifty -five and older live on the site and can drive. Robert Bruno, 100 South Main Street, requested restrictions on the license stating that he does not want a pub or function facility in his neighborhood. At 10:27PM, Chairwoman Royle closed the public hearing. Motion: To grant the license to the Village at Willow Crossing L.P., for the pub area only, from 4PM -6PM only, and restricted to residents and their guests only. (Wills- Amoruso) All in favor. Passes. 4 -0 6. Discussion with Representatives of N.E.E.D, Mansfield's Refuse and Recyclables Collection Contractor: Louis Vanagro, John Orabona, Howard Tighe, and Louis Vinagro, Jr. John Orabona reported that NEED would like to make the Selectmen aware of a pattern developing with the refuse collection program. When the service was bid, projected tonnage for Mansfield was 7000; however tonnage for the first contract year is now anticipated to be 8,600 -9,000 for the year. Originally 1 3/4 trucks were planned for Mansfield, but three are presently used; commingled recylclables is way down; and refuse collection is up. Discussion followed among the Selectmen, Town Manager, and NEED representatives concerning increasing public awareness and participation in the recycling program, tipping fees, and landfill mining. 7. Licenses and Permits x Application of Mansfield Little League for a parade permit on April 18, 1999, at 11:00 AM Motion: To approve. ( Amoruso- McCarter) All in favor. Passes. 4799.MIN Page 5 of 7 Common Victualler License Application of Village at Willow Crossings, L.P., 25 Cobb Street Motion: To approve. ( Amoroso- Wills) All in favor x Application of Richard George, IDC, to serve as the Selectmen's representative on SRPEDD's Regional Economic Strategy Committee Motion: To appoint Richard George as the Selectmen's representative on SRPEDD's Regional Economic Strategy Committee ( Amoruso- Wills) All in favor. Passes. 8. Correspondence Board and Committee Copy of a letter of resignation from the Airport Commission from Brad Wills Motion: To accept the letter of resignation with gratitude. ( Amoruso- McCarter) All in favor. Passes. Miscellaneous Letter from Edward Rosenberg, Secretary, Mansfield Lodge of Elks No. 2633, requesting a waiver of any and all fees associated with their upcoming May 6 -9, 1999 carnival and requesting permission to have the Light Department display their carnival banner at Chauncy and North Main Street from April 19 to May 9, 1999. Motion: So moved (the town's portion of all fees only). (Amoroso- McCarter) All in favor. Passes. Letter from Edward Rosenberg, Secretary, Mansfield Lodge of Elks No. 2633, requesting a waiver of the certificate of inspection fee, $40.00, for their Lodge at 140 North Main Street Motion: So moved. (McCarter- Wills) All in favor. Passes. 9. New Business A. Town Manager * The Special Town Meeting warrant will close next week, April 14. Mansfield Electric Department Lineman John Albertini was burned yesterday while working and has been transported to Massachusetts General Burn Center. The need for permanent generators at the Electric Department was emphasized during this incident because the linemen lost contact with the Light Department as a result of the portable generators. A tentative meeting for the Route 495 Ramp Subcommittee has been set for May 20, at which Massachusetts Highway will be present. Mr. D'Agostino is preparing a letter to Senator Kennedy's office requesting funding for the Route 495 southbound ramp, as is Norton Town Manager Christopher McCabe. Mr. D'Agostino and Chairwoman Royle attended a meeting in Boston on Tuesday concerning open space preservation and other environmental issues. 4799.MIN Page 6 of 7 x A meeting is being coordinated with the Town's water consultants, Woodard and Curran, DEM, DEP, and the Selectmen for an update on the Interbasin Transfer Act and water issues in town. x Chairwoman Royle reminded the Selectmen of Thursday night's joint sewer policy meeting with the Planning Board and Board of Health. 10. 11:07 Adjournment Motion: To adjourn. (Amoroso- Wills) All in favor. Passes. 4)�,tF, 9 e;vs Si iature Dad qlVpprovai 4799.N" Page 7 of 7