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HomeMy WebLinkAboutBOS MINUTES 5-5-1999Board of Selectmen Minutes May 5, 1999 Present: Chairwoman Royle, Clerk Wills, Selectmen Amorus9' McCaq r,IR6,bjnson John D'Agostino, Town Manager i 17J 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Minutes • Executive Session Minutes of April 14, 1999, 6:30 PM Motion: To approve as to content. ( Amoruso- Wills) (4 -0 -1) Selectman Robinson abstained. Passes. • April 21, 1999 Motion: To approve. (Amoroso- Robinson) All in favor. Passes. B. Licenses and Permits • Request from Dan McGonegal for an extension to comply with the open air parking rules and regulations for his facility at 888 South Main Street Motion: To approve. ( Amoroso- Robinson) All in favor. Passes. • Memorandum from Officer Lawson to Police Chief O'Neill stating he has no problem with "Duck Crossing" signs being installed on Plain Street as requested by residents but that lie asks that they are not so large as to cause a sight distance problem for motorists on Plain Street Motion: To approve the "Duck Crossing" signs on Plain Street. (Amoroso- McCarter) All in favor. Passes. Memorandum in response to a letter from a resident, Kim Parsloc, from Officer Lawson to Police Chief O'Neill stating that he ordered DPW to install 30MPH signs on South Street Officer Lawson also asked DPW to install two "Children at Play" signs. • Request from the Gridiron Club for a waiver of the sign permit fees to display signs advertising their craft fair on the North and South Commons Motion: To approve. ( Amoroso- McCarter) All in favor. Passes. Chairwoman Royle noted that she noticed another request in the Reading Folder to display a sign on the South Common and that a resident commented to her that the South Common is beginning to look like a sign depository. Mr. D'Agostino suggested the Selectmen may want to take a look at another area in town were signs could be displayed for non -profit organization events. Selectman Amoroso suggested imposing a time limit on the display time for the signs. • Clerk Wills read a proclamation for "May as Older Americans Month." Motion: To issue and sign the proclamation. 5599.DOC Page 1 of 11 (Robinson - Wills) All in favor. Passes. • Chairwoman Royle informed the Selectmen that she received a request from Barbara Rose to have a yard sale for the Mansfield Music and Arts Society on May 29 & 30, from 8am to 6pm, on land donated by Karl Clemmey for the event at 875 South Main Street. The Board discussed that they do not license yard sales but that a permit may be required from the Town Clerk's Office. B. Warrant No. 45 - $878,115.32 Motion: To approve. (Amoruso- Wills) All in favor. 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. Passes. 2. Questions and Comments Eliza Lajoie, second grade student, stated that she is opposed to Great Waves and that a town swimming pool would be better. Marial Lajoie, also a school -aged resident, stated that she does not want Great Waves in Mansfield and submitted petitions from elementary students to the Town Manager also in opposition. Mary Andrews, 255 Fruit Street, submitted a petition of ninety residents in opposition to the airport expansion and requested the Selectmen take it into consideration when voting on an article at Town Meeting seeking funding for twenty to thirty additional tie downs at the airport. Barbara Bayon, 428 South Main Street, stated over the past few years the level of traffic and noise at the airport has increased and is a disruption to neighbors. Ms. Bayon requested the Selectmen consider the implications to the residents before voting on funding for the expansion. Lou Andrews, 255 Fruit Street, stated that his biggest concern is the area of expansion in the draft Airport Master Plan and that he does not want to see larger aircraft taking off from the airport. Growth has to be controlled. Town Manager D'Agostino responded to the residents' concerns stating he feels a lot of the issues could have been worked out over time in public hearings with the Airport Commission. Any type of Master Plan with this type of impact should undergo a process similar to other projects such as the train station renovations. Mr. D'Agostino recommended the Selectmen make sure sessions take place with the residents and revisit the funding article at the Special Town Meeting in the fall. Jeff Sierra, Ahport Commission Chairman, stated that the expansion is planned in stages and that he believes last week's meeting with neighbors went well. The airport is addressing their neighbors concerns as best as it can over time. Funding may be jeopardized if the Town waits for the Special Town Meeting in the Fall. The Airport Commission would be opposed to postponing a vote until then. 5599.DOC Page 2 of 11 Chairwoman Royle suggested the Commission meet with residents one more time prior to Town Meeting. Peter DeTrolio, 496 Elnt Street, asked why a public hearing is not being held to entertain the Great Woods license renewal this evening and if anything is proposed to lower the sound level. Bill Gerber, 362 Central Sheet, asked if Town Counsel had done anything with Selectman Wills proposed water moratorium motion and if anyone had called Selectman Wills in support of Great Waves. Mr. Gerber also stated in Monday's Sun Chronicle. the Water Park manager said he could help Mansfield file the interbasin transfer permit application and get the well through and asked if anything had been done with the permit yet. Mr. D'Agostino responded that the Town will not know rnrtil.7anuaiy 2000 if the draw down permit is approved Karl Clemmey, 750 South Main Sheet, stated that he is concerned about an article in the Sun Chronicle quoting Selectwoman Royle. Mr. Clemmey also stated he hopes Town Counsel will take letters he sent to the Town concerning zoning issues at Great Woods into consideration and that the issue should have been straightened out when it was brought to the Board two years ago. 3. 8:22 PM Special Permit Fee Amendments Public Hearing Clerk Wills read the public hearing notice aloud and Town Manager D'Agostino read a memorandum from the Planning Director's stating the amendments would include trh following uses: wireless communication towers, recreation, and surface groundwater resource protection district in the special permit fee schedule. Selectman Amoroso suggested that the Planning Board may want to review the fee schedule and develop an incentive for residential compound special permits and cluster developments. The fee should be more in line with the fee for a traditional subdivision. Town Manager D'Agostino responded that the fees for both uses were amended to be consistent with traditional subdivision fees last year. Chairwoman Royle closed the public hearing at 8:32 PM, Motion: To support the fees. (Amoroso- McCarter) All in favor. Passes. 4. 8:32 PM Cable License Transfer Continued Public Hearing Selectman Robinson left the meeting for this public hearing. Chairwoman Royle asked Selectman Amoruso to give a brief report of what has transpired since the last meeting. Selectman Amoruso reported that there has been discussion on whether or not to wire the Robinson School. Time Warner will pay for wiring the Qualters Middle School and High School additions and will wire substantially all of the Robinson School, which will not count against the classroom wiring allocation in the license. Cable Access Corp. voted to return a recent payment of $8,500 for the Cable Access Director to Time Warner. All June subscriber bills will reflect the deduction as a result of the reimbursement. 5599.DOC Page 3 of 11 6 p-111 The Board of Selectmen have been asked to agree to both issues — school wiring and reimbursement of the $8,500. Chairwoman Royle stated the Town Manager recommends continuing the hearing until an agreement is reached by MediaOne. Town Manager D'Agostino noted that a question remains with the affect reducing the license by one or two years would have on subscriber bills and recommended the Selectmen sign the agreement based upon the lawyers recommendation. Robert Parley, Cable Access Corp., submitted the $8,500 check to the Selectmen. Chairwoman Royle inquired what would happen with the channel the Town previously asked to be returned, to which Selectman Amoruso responded if the Town's asks for it, it will be returned within sixty days. Bill Gerber, 362 Cenbal Street, stated Attleboro's cable provider, who is also MediaOne, provides fee basic with local service and asked if there is any chance this could be offered to Mansfield residents. Chairwoman Royle responded that she received a request from another gentlemen in town asking if a store could be provided in town for subscribers to pay their bills but the present Foxboro location satisfies the license requirements. Chairwoman Royle continued the public hearing to June 2 at 8PM. Motion: To sign the agreement with Time Warner and MediaOne. (Wills - Amoruso) All in favor. Passes. 5. 8:45 PM Tweeter Center Entertainment License Renewal Robert Mangiaratti, Town Counsel, was present for the license review as was Bruce Montgomery, Tweeter Center General Manager, and Rick Novak, Tweeter Center Legal Counsel. Chairwoman Royle explained the license renewal process. Town Counsel Mangiaratti spoke to a possible zoning issue with the facility and stated that there is a question of whether or not the number of parking spaces are in compliance. The applicant agreed to provide information to the Town to clarify the issue. Town Counsel explained if the entertainment license is granted the operation of the parking lots at the Tweeter Center will be no different than in previous years. The issues will only come in to play, if and when Great Waves comes about. The question includes land transfers. Attorney Mangiaratti recommended to Chairwoman Royle that the Board should not preclude grant of the license this year on the issue of whether or not the parking lots conform. Town Counsel suggested including the following paragraph as No. 16 in the license regulations: "16. While the Board is aware that the parking lots known as Lot A, Lot B, and Lot C have historically been located on land held in separate title from the Tweeter Center property, the Board continues to seek resolution of whether the 1998 real estate transfers of Tweeter Center adversely impacted Tweeter Center's zoning compliance status. Accordingly, the applicant has agreed to provide to the Board of Selectmen by not later than September 5599.DOC Page 4 of 11 15, 1999 an analysis demonstrating such zoning compliance, which submission shall cover the items set forth in the letter from Richard Novak, Esq. To Town Counsel dated April 28, 1999." ( Board of Selectmen Questions: Selectman McCarter stated that he is not particularly comfortable with the wording of No. 16 and that he is not sure he is aware of what the paragraph says he is. Selectman McCarter asked if, without Great Waves, parking is in compliance with zoning presently. Attorney Mangiaratti responded that the zoning status this date, after the land transfers, is actually the same as it has been for several years since the lots were built. Selectman McCarter stated recently with the open air parking licenses, the Selectmen granted a thirty -day extension for the licensees to comply with regulations and asked why the Selectmen should grant the Tweeter Center until September to demonstrate there zoning compliance. Attorney Mangiaratti responded if the Board elected to deny the license renewal because of zoning, the Board would be sued and open to liability and ivould lose. Attorney Novak responded that the issues with the open air parking licenses are "open and shut, " such as striping the lots, etc. and that the Tweeter Center is not. Motion: To amend Paragraph 16 to reflect that zoning compliance must be demonstrated by June 7. (McCarter -No Second) Motion: To amend Paragraph 16 in the 1999 license as presented to state that the Tweeter Center will advise the Town Manager on a monthly basis between now and September on the status of resolving the zoning issue. (McCarter - Wills) All in favor. Passed. In consideration of police department fees over the last few years (approximately $7,000- $8,000 a year) and the present use of the prisoner transport vehicle at the facility, Mr. Montgomery stated the Tweeter Center is prepared to provide a new prisoner transport vehicle to the Town that will cost approximately $40,000, equivalently equipped to the present 1995 vehicle except for the radio. The vehicle will be expressly for the town's use, year- round. Town Manager D'Agostino inquired if the fee structure is forgiven in light of the gift, if the gift would still be considered a gift or if an appropriation would be required at Town Meeting. Attorney Mangiaratti responded the way the gift letter is drafted, the vehicle is a gift with no strings attached. Whatever rate is set by the Board of Selectmen this year has no bearing on next year's Board's ability to set the fees. Town Manager D'Agostino questioned the loss of revenue if the Board waives an equipment fee and stated the revenue would have to be made up if it is not coming in. Mr. D'Agostino continued that he feels forgiving the fees is in direct contrast to Town policy. Selectman McCarter stated he feels it should be Town Meeting's decision on whether or not to purchase a prisoner transport vehicle and that he would prefer keeping the fees in place but if Tweeter deems it necessary for the Town to have the vehicle they could gift it. 5599.DOC Page 5 of 11 Selectman Amoruso stated that he is afraid of liability with the present wagon and is willing to accept the gift. Selectman Amoruso also stated he is willing to waive the fees for one year. Selectman Robinson commented that lie thinks Town Meeting spoke clearly last fall that if a wagon is purchased it should come from Great Woods. Motion: To accept the gift of the prisoner transport vehicle but not in lieu of the police fees. (Wills - McCarter) (2 -3) Clerk Wills and Selectman McCarter in favor. Fails. Motion: That we accept the gift from the Tweeter Center of the prisoner transport vehicle. ( Amoruso- Wills) All in favor. Passes. Chairwoman Royle commented that she would like to see equipment fees placed in a revolving account in the future. Motion: That we waive the fees for this year's 1999 season license as delineated on Page 8, for the police cruiser, prisoner transport vehicle, and motorcycle. (Amoroso- Robinson) Clerk Wills stated if the fees are waived, he would like the Town Manager to come up ( with all the hidden costs caused by Great Woods, such as consideration given during remodeling the police station, etc. Motion: To amend the motion to waive only the prisoner transport vehicle fees for the 1999 season. ( Royle- Wills) (3 -2) Selectmen Robinson and Amoroso opposed. Passes. Motion: To charge fees for the motorcycle and cruiser only. ( Amoruso- Robinson) (4 -0 -1) Selectman Robinson opposed. Passes. Selectman Amoruso read the following proposed amendment to Paragraph 5: "This provision shall not be construed to excuse or otherwise affect the licensee's obligation to fully comply with all applicable provisions of the Mansfield Zoning By- Law." Motion: To accept the amendment. (Robinson - Wills) All in favor. Passes. Selectman McCarter asked if the licensee would be willing to post a certain number of signs within the parking lot stating that drinking in the lot is prohibited. Mr. Montgomery responded that approximately thirty signs are presently posted and that he would be happy to show Mr. McCarter the locations. 5599.DOC Page 6 of 11 Discussion followed among the Selectmen, Mr. Montgomery, and Police Chief O'Neill concerning drinking in the parking lot. Chairwoman Royle requested Mr. Montgomery address issues brought forward by Mr. Clemmey concerning parking fees. Mr. Montgomery responded that anyone may enter onto the Tweeter Center property and park without a charge. A limousine service is offered for a fee, which provides the ability to drop off at the gate and a preferential exit out of the facility. There is no service charge for busses. Motion: To approve Paragraph 16 as amended. (Amoroso- Robitison)All in favor. Passes. Motion: To approve the entertainment license for the Tweeter Center for the Performing Arts as amended for 1999. (Wills - Amoruso) All in favor. Passes. The Board took a five - minute break at 10:35 PM. 6. Town Manager Report • The Commercial Marketing Group and the Vietnam Veterans of Massachusetts, Inc. will be conducting a telephonic fundraiser in Mansfield, Monday- Thursday, 9:00 AM to 8:30 PM and weekends 9:OOAM to 12:30 PM. • Mr. D'Agostino balanced the budget with a $72,000 surplus and is recommending the surplus be used to reduce the tax rate. Discussion followed concerning the budget and cost savings measures being taken. • The DPW Director candidates' situational responses are due next week. The new Director will be announced after Town Meeting. The Director will hire the Water Operations Manager. • The Finance Committee still has some outstanding concerns with warrant articles and will meet on Thursday and Monday to discuss them. • The water enterprise account is in balance with a $10,000 surplus, which will be recommitted to the Town budget to offset debt excluded in previous years. • The next train station public meeting will be on Thursday, May 6, 1999. Mansfield has received approval for funding for the coach service. • The next 495 southbound ramp meeting will be May 20. Chairwoman Royle asked if SRPEDD had been invited to the meeting and if Norton Officials, Planning Board, etc. should be. 7. Town Meeting Business A. Street Acceptances Chairwoman Royle stated the Town Engineer suggests tabling a vote on Fram Drive's acceptance until Town Meeting night but recommends the Board vote to accept Winslow Way. Motion: To accept Winslow Way. ( Amoruso- Robinson) All in favor. Passes. 5599.DOC Page 7 of 11 Motion: To extend the meeting time beyond 11:00 PM for the sole purpose of voting on Town Meeting articles until 12:00 Midnight. (Amoroso- Robinson) All in favor. Passes. B. Town Meeting Articles Article 2 Income from Sale of Electricity be appropriated for the Electric Department to be expended by the Manager of the Electric Department under the control of the Board of Selectmen as the Light Commissioners for expenses of the Department for FY2000 Sponsor: Board of Selectmen Motion: To Support. ( Amoroso- Robinson) _5_In favor. _0_ Opposed. Abstentions. Article 7 Southeast Regional School District Assessment Raise and Appropriate or Transfer from Available funds $281,555 Sponsor: Board of Selectmen Motion: To Support. (Robinson - Wills) _5_ In favor. 0—Opposed. _Abstentions. Article 9 Authorize the Police Department to establish for FY2000 a Revolving Firearms License and Permit Fees Account and authorize expenditures of up to $10,000 to pay the State its share of such fees and to use the balance for departmental needs or expenditures Sponsor: Board of Selectmen Motion: To Support. ( Amoruso- Robinson) 5 In favor. 0_ Opposed. Abstentions. Article 10 Authorize DPW to establish for FY2000 a Revolving Home Compost Bin Account for the collection of proceeds from the sale of home compost bins and authorize expenditures of up to $5,000 for the purchase of the bins Sponsor: Board of Selectmen Motion: To Support. (Robinson - Amoroso) 5 In favor. _0_Opposed. Abstentions. Article 11 Appropriate from Available Funds $85,000 for Oakland Street and Maple Street crossing improvements and authorize the Treasurer to borrow $85,000 and charge betterments Sponsor: Board of Selectmen Motion: To Support. (Robinson - McCarter) _4_ In favor. 0 Opposed. _I—Abstentions. Article 12 Accept MGL Section 4 of Chapter 73 of the Acts of 1986 as amended by the Acts of 1988, which allows an additional real estate tax exemption of 100% Sponsor: Board of Assessors Motion: To Support. (McCarter — Robinson) 5 In favor. —0—Opposed. _Abstentions. 5599.DOC Page 8 of 11 Article 13 Park and Recreation Capital Projects - $70,000 Sponsor: Capital Improvements Committee Motion: To Support. (Robinson – McCarter) 5 In favor. –0—Opposed. Abstentions. Article 14 MBC Capital Projects - $27,229 Sponsor: Capital Improvements Committee Motion: To Support. (Wills - Amoruso) _5_Infavor. 0_Opposed. _Abstentions. Article 16 DPW Capital Projects- $341,340 Sponsor: Capital Improvements Committee Motion: To Support. (Wills - Amoruso) _5_ In favor. _0_Opposed. _Abstentions Article 18 Fire Department Capital Project Sponsor: Capital Improvements Committee Motion: To Support. (Robinson –Wills) _5_ In favor. _0_Opposed. Abstentions Article 20 Airport Commission Capital Projects - $33,000 Sponsor: Capital Improvements Committee Motion: To Support. (Wills - Amoruso) _5 In favor. 0_ Opposed. _Abstentions Article 21 Direct $100,000 payment from Town of Norton (past due sewer bills) into a Wastewater Depreciation Fund Sponsor: Board of Selectmen Motion: To Support. ( Amoruso - McCarter) 5 In favor. _0_Opposed. Abstentions. Article 24 Petition State Legislators to enact special legislation establishing the Town of Mansfield Open Space Acquisition Program Sponsor: Board of Selectmen Motion: To Support. (Wills – McCarter) 4 In favor. _1_Opposed. Abstentions. Article 25 Acquire by gift, purchase, or eminent domain land parcels of rights in said parcels for safety improvement required with the relocation of Williams Street and replacement of the bridge Sponsor: Board of Selectmen Motion: To Support. 5599.DOC Page 9 of 11 (Robinson - Amoroso) —5_ In favor. _0— Opposed. Abstentions. Article 27 Authorize the Selectmen to acquire by eminent domain a fee simple interest in land to create a public bike path Sponsor: Board of Selectmen Motion: To Support. (Robinson - Amoruso) 5 In favor. _0_Opposed. Abstentions. Article 29 Authorize the Conservation Commission to accept by gift, purchase, or eminent domain one or more parcels of land in the Great Woods Sponsor: Conservation Commission Motion: To Support. (McCarter- Robinson) —5_ In favor. —0_Opposed. _Abstentions. Article 30 Accept a drainage easement on Jewell Street Sponsor: Board of Selectmen Motion: To Support. (McCarter —Wills) —5_ In favor. —0_Opposed. Abstentions. Article 31 Accept a drainage easement on Chauncy Street Sponsor: Board of Selectmen ( Motion: To Support. (Robinson- McCarter) 5 In favor. —0—Opposed. _Abstentions. Article 32 WITHDRAWN Waterfowl By -Law Sponsor: Board of Selectmen Motion: To Withdraw. (Amoruso — Royle) _5_ In favor. _0—Opposed. Abstentions. Article 33 Amend the Zoning By -Law Section 5.3 Site Plan Review Sponsor: Planning Board Motion: Not to Support. (Amoruso-Robinson)-4— In favor. _l_Opposed. Abstentions. Article 38 Accept Winslow Way By Petition: Bodio Country Classics Motion: To Support. (Amoruso — Wills) _5_ In favor. _0— Opposed. _Abstentions. C. Special Town Meeting Articles Article 4 Transfer $88,500 from stabilization for expert witnesses and legal services for the Great Waves appeal and local permitting process 5599.DOC Page 10 of 11 Sponsor: Board of Selectmen Motion: To Support. (Robinson - Amoruso) _5_ In favor. _0_ Opposed. Abstentions. Article 5 $169,000 from Overlay for Health Insurance Costs and $36,500 for Medicaid Costs Sponsor: Board of Selectmen Motion: To support. (Robinson - Wills) _5_ In favor. _0_ Opposed. _Abstentions Article 7 Canoe River Sewer Project - $156,580 Borrow Under MGL Chapter 44 Section 8(15) as amended Sponsor: Board of Selectmen Motion: To Support. (Amoroso -Wills) _5_ In favor. _0_ Opposed. _Abstentions Article 12 Accept Lakeview Avenue Drainage Easement Sponsor: Board of Selectmen Motion: To Support. (Robinson - Amoruso) _5_ In favor. 0 Opposed. Abstentions Article 13 Accept Plantingfield Road Drainage Easement Sponsor: Board of Selectmen Motion: To Support. (Robinson - Amoruso) 5_ In favor. _0_ Opposed. Abstentions 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. 7. Adjournment 12:00 Midnight Motion: To adjourn. (Robinson- Amorus All in favor. Passes. Clerk's Signa t v Date of ppro al 5599.DOC Page 11 of 11