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HomeMy WebLinkAboutBOS MINUTES 6-16-1999Board of Selectmen Minutes June 16, 1999 Present: Chairwoman Royle, Vice Chairman Robinson, Clerk Wills, and Selectmen Amoruso, and McCarter 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. 50 Motion: To approve. ( Amoruso- McCarter) (5 -0) Passes. Chairwoman Royle abstained on all Board of Health items, and Selectman McCarter abstained on the Municipal Building Committee payroll. B. Warrant No. 51 Motion: To approve. ( Amoruso- McCarter) (4 -0 -1) Selectman Robinson abstained. Passes. C. Licenses and Permits • Request from the Police Department for a $4,350 Reserve Fund Transfer for expenses relating to building repair, maintenance contracts, prisoner lockup, vehicular supplies, ( and books and references Motion: To recommend approval to the Finance Committee. (Robinson- Amoruso) (5 -0) Passes. • Request from the School Department for a $60,000 Reserve Fund Transfer for Special Education expenses Motion: To recommend approval to the Finance Committee. (Robinson - Amoruso) (5 -0) Passes. • Request of the Board of Selectmen for a $1,500 Reserve Fund Transfer for legal fee expenses Motion: To recommend approval to the Finance Committee. ( Amoruso- Robinson) (5 -0) Passes. • Request of the Fire Department for a $4,000 Reserve Fund Transfer Town Manager D'Agostino recommended tabling this request. Motion: To table. (Robinson- Amoruso) (5 -0) • Request of the Highway Department for an $8,500 Reserve Fund Transfer for expenses related to the Memorial Park contamination Motion: To recommend approval to the Finance Committee. (McCarter - Amoruso) (5 -0) Passes. 61699.doc Page 1 of 10 • Request of the Highway Department for $15,000 Reserve Fund Transfer for solid waste disposal costs for the month of June ( Motion: To recommend approval to the Finance Committee. (Amoroso- Robinson) (5 -0) Passes. • Request of the Town Manager for a $15,000 Reserve Fund Transfer for insurance expenses Motion: To recommend approval to the Finance Committee. (McCarter - Amoruso) (5 -0) Passes. • Draft Decision on the Cable License Transfer application to MediaOne Motion: To transfer the license from Time Warner Cable to Media One and sign the transfer agreement. (Wills- McCarter) (4 -0 -1) Selectman Robinson abstained. Passes. • Application of Rebco, Inc. for a drainlayers license and positive recommendation from the Town Engineer Motion: To approve. (Robinson- Amoruso) (5 -0) Passes. • Request from the Town of Cohasset for the Selectmen to endorse a petition to the Governor, Senate, and House of Representatives to reform educational funding in the Commonwealth Chairman Royle suggested seeking the School Committee's consent on the petition. Motion: To support Cohassett. (Robinson- Amoruso) (5 -0) Passes. Memorandum from Bertram Cook, Inspector of Buildings /Zoning Enforcement Officer, to the Town Manager regarding the 888 South Main Street parking facility. Mr. Cook requests the Selectmen grant another two -week continuance until he receives recommendations from the Planning Board on the site plan and the present issues are resolved. Motion: To grant a two -week extension subject to all of the recommendations we have received with the expectation we will review the renewal application again at our next meeting. (Amoroso - Wills) (5 -0) Passes. 2. Questions and Comments Kathie Piusz, 3 Heather Lane, announced the Farmers Market will begin July 18 in the Municipal Parking lot next to Mansfield Cooperative Bank Bill Gerber, 362 Central Street, asked if the Town had received a report on the status of the Tweeter Center's parking lot zoning compliance, who would pay for the Police Chief to scout out three Phish concerts, and if all businesses' parking lots are supposed to be striped. Mr. Gerber also commented that he was infuriated while attending Monday evening's Conservation Commission meeting. When inquiring about information not 61699.doc Page 2 of 10 /0// &�`Tj reported during previous Great Waves public hearings but at the final meeting regarding endangered species found on the site, the Commissioners responded that he was not present at previous meetings protesting. Chairwoman Royle suggested that the proponent's not reporting information until the final night of the public hearing may be grounds for appeal by the residents group. Diane Ready, 38 Mill Fare: Drive, suggested the Selectmen reconsider using their authority as Water and Sewer Commissioners at least until the Morrison Well is on -line, not only for the Great Waves project, but with any new users, so that someone is monitoring the connections. Diane Ready suggested, as a private citizen only, that the Selectmen authorize the Town Manager to negotiate with the proponent. Chairwoman Royle responded that she has been asked by Great Waves to set up a subcommittee to discuss a partnership with the Town, with the Town Manager participating on the subcommittee. 3. Council on Aging Interviews — One Vacancy: 2001 Applicants: Benjamin Boynton and Steven Greco Both applicants were present for the interview and introduced themselves. Members of the Board asked each of the applicants questions concerning their availability, skills they would bring to the Council, if they had every applied to the Council or any other Boards previously, the role of the Council, and the importance of being present at the Council on Aging facility. ( 4. 8:30 PM Sportservice Inc. Wine and Malt License Transfer from DLC Corp. for the Tweeter Center Public Hearing Clerk Wills read the public hearing notice and Department Head comments aloud. Bruce Montgomery, General Manager of the Tweeter Center, explained that it is SFX's corporate policy to have their concessionaires hold the liquor license at all of their establishments because of the liquor laws throughout the country. Robin Pickett, proposed manager, spoke about Sportservice Inc. Board of Selectmen Questions: Members of the Board asked questions such as Manager's familiarity with TIPS, the frequency of the Manager's presence at events, number of locations for the sale of beer and wine, if all persons handling beer and wine are trained in TIPS, whether or not New England Sportservice holds the wine and malt license at the Fleet Center, who the responsible party would be for the license, term of the license agreement, investment in upgrading the facility, and Sportservice's acquisition obligation to DLC Corp.. Public Comment: George Dentin, 2 Gladiola Terrace, asked if the transfer application includes a list of all persons having a direct interest in the company, who presently holds the license, manager of record, and if the manager is present. 61699.doc Page 3 of 10 G1q, Robert Bruno, 100 South Main Street, spoke in favor of the transfer application. Karl Clenmaey, 750 South Main Street, expressed concern that he feels the applicant's attorney, Douglas C. Borgh, has a direct line to Town Counsel and that lie bypassed the Town Manager. Mr. Clemmey also asked why liquor was served at the Tweeter Center last week when the Tweeter Center General Manager and Attorney were outside of the Selectmen's meeting room two weeks ago after seeking the Selectmen's endorsement of a management agreement earlier in the week, and they did not have a manager present. Mr. Montgomery responded that the Town received an opinion from Town Counsel advising the Selectmen do not have the authority to approve such an agreement. Lastly, Mr. Clemmey stated correspondence received by the Board on the number of incidences where persons arrested for driving under the influence named Great Woods as the establishment where they had their last drink should have been read into the public hearing record. George Dentin, 2 Gladiola Terrace, asked if it is true that the Selectmen allowed the Tweeter Center to go directly to Town Counsel and that he feels the Town Manager or Selectmen as a group should instruct Town Counsel whether or not to work on something for the town. Mr. Dentine, asked who gave Town Counsel the authority to render a decision and spend taxpayers' money. Selectman Robinson responded that he directed the applicant's attorney to speak to Town Counsel because he did not understand all of the legal teens being used, and Town Manager D'Agostino responded that he requested Town Counsel clarify his opinion in writing for the Board's review. Karl Cleinmey, 750 South Main Street, requested the Tweeter Center management tell the Selectmen that they did serve alcohol during the weekend of May 28, to which Mr. Montgomery responded in the affirmative. Lastly, Mr. Clemmey commented if the applicant's letters went directly to Town Counsel, he would send his letters directly to Town Counsel. At 9:08 PM, Chairwoman Royle closed the public hearing. Motion: To grant the transfer to N.E. Sportservice Inc., Robyn Pickett as manager. (Wills - Amoruso) (5 -0) Passes. DLC Corp. application for a Change of Manager from Brian Kelley to Robyn Pickett Motion: To approve Robyn Pickette as manager for DLC Corp. ( Amoruso- Wills) (5 -0) Passes. 4. 9:10 PM Questions and Comments Karl Clenimey, 750 South Main Street, inquired of the status of the Selectmen's letter to the State concerning the Route 495 ramp, and if the Selectmen had done any research about his request to allow zoning articles on the Fall Special Town Meeting warrant. Mr. Clemmey also stated Foxboro is putting up two buildings at over 100,000 square feet each, and Norton has one going up in excess of 400,000 square feet and commented that Mansfield needs to do its homework to also attract business. Selectman McCarter 61699.doc Page 4 of 10 requested specifics from Mr. Clemmey asking what the businesses are concerned about, to which Mr. Clemmey responded concern has been expressed with the water capital charge. A payment schedule should be established, and Town Officials should be meeting with business persons. Mr. Clemmey asked the Selectmen why the Police Department is counting cars in his 875 South Main Street parking lot because it is not included in the rules and regulations for open air parking facilities. Chairwoman Royle commented that she sees no reason for the Police Department to count the cars if they all appear to be parked within the lined spaces and the lot does not appear overcrowded. Mr. Clemmey stated the May 28 concert, Lenney Kravitz, played four to five minutes passed the 11:00 PM curfew. Lastly, Mr. Clemmey informed the Selectmen that he will need to rezone more land and that he will be presenting his project to the Board within the next few weeks. George Dentin, 2 Gladiola Terrace, asked if the Selectmen sought comments from Department Heads on the Tweeter Entertainment license and how the Town by- passed or the Planning Board overlooked their lack of compliance with zoning. Mr. Dentino also asked if it is true that the Building Inspector has taken exception with their second stage. Chahivommt Royle responded that the Building Inspector is working with Town Counsel on this issite. Mr. Dentino asked why the Tweeter Center is using the second stage without a building permit. 5. Conservation Commission Interview – One Vaeaney:2002 One Applicant. Diane Ready Ms. Ready introduced herself and explained her credentials -- education and previous employment —and her reason for application to the Conservation Commission. Members of the Board asked Ms. Ready questions such as whether or not there would be a conflict with her involvement with "Wave Good Bye", if she would continue to be the spokesperson for the group, and if she would sign the Phase 2 regulations for Great Waves. Mr. D'Agostino responded that Ms. Ready would not be able to sign the Phase 2 regulations because she did not participate in the hearings for Great Waves as a Commissioner. Chairwoman Royle suggested Ms. Ready may want to write a letter to the Ethics Commission to clarify her position with the Great Waves group and her position on the Conservation Commission. Motion: To appoint Diane Ready to the Conservation Commission. (Wills- McCarter) (5 -0) Passes. 6. Council on Aging Appointment Clerk Wills, seconded by Selectman Amoruso, nominated Benjamin Boynton. Selectman McCarter, seconded by Selectman Robinson, nominated Steven Greco. Mr. Boynton received three votes, one each from Clerk Wills, Selectman Robinson, and Selectman Amoruso, and was, therefore, appointed. 61699.doc Page 5 of 10 7. Weekly Business Continued A. Minutes • May 26, 1999 Motion: To approve. (Amoroso -Wills) (4 -0 -1) Chairwoman Royle abstained. Passes. • June 2, 1999 Motion: To approve. (Amoroso- Wills) (5 -0) Passes. B. Correspondence Action Resident Request from Karen E. Figueiredo, 15 Kerry Drive, for a "SLOW CHILDREN" sign and a speed limit sign in front of her home Forlvarded to Police Dept. for review. Motion: To install appropriate signs for motorists to slow down for children for Kerry Drive, as recommended by Officer Lawson and send a letter to Ms. Figueiredo that a speed limit sign would not be posted because the Police Department recommends if one is, additional signs should be posted throughout the subdivision. Some residents may not wish to have a speed limit sign erected in front of their home. (McCarter - Wills) (5 -0) Passes. Request from Bruce Oldmixon, Scoutmaster, Troop 55, requesting certificates of acknowledgement for Jeffrey T. Madden, David Pasquale, and Kevin Sullivan, who have all been found worthy of the rank of Eagle Scout Town Manager D'Agostino stated he would attend the award ceremony, and Chainvonuan Royle stated she would try to. Motion: To sign the proclamations. (McCarter - Amoroso) (5 -0) Passes. Miscellaneous Request from Steven Tripp, Westport, MA, urging the Selectmen to join him and the Westport Board of Selectmen in condemning Sheriff Hodgson's proposal to implement "chain gangs" in Bristol County Motion: To send a note to our State Senator and Representatives indicating our non - support of the Sheriff's position on "chain gangs" in Bristol County. (Amoroso- Robinson) (5 -0) Passes. Other Resident Letter from Peter and Anne Farrell, Morrow Street, expressing concern about the train station expansion and suggesting a regional station with regional access should be built Letter from Louis Andrews, Fruit Street, thanking the Selectmen for his recent appointment to the Airport Commission and disclosing that he is an abutter to the airport and at one time had an approved subdivision adjacent to the airport 61699.doc Page 6 of 10 Letter from John Russo, 16 Ware Street, thanking the Selectmen and Town Manager for their efforts trying to restrain the Great Waves project and an enclosed copy of a letter lie sent to Dick Samuels explaining his feelings for the project Letter from Marie Sweeney, 26 Cobbler Road, expressing opposition to the Great Waves project State and Local Government Letter from the Office of the Inspector General informing the Selectmen that Town Accountant, Bea Kearney, successfully completed the Public Contracting Overview Certification seminar in the Mass Certified Public Purchasing Official program Miscellaneous Memorandum from the Canoe River Aquifer Advisory Committee strongly recommending the Selectmen adopt water conservation measures as soon as possible in anticipation of the high summer demand Letter from Rayna Rubin as a follow up to the Great Waves presentation before the Board of Selectmen on May 19 D. Licenses and Permits • Memorandum from Tracy Pereira, Selectmen's Secretary, regarding the Village at Willow Crossing Full Alcohol License. According to State Law, the hours of operation cannot be barred between l lam and l 1pm on weekdays and 12Noon and I 1pm on Sundays. Also, restricting patrons of the establishment to the members of the retirement facility and their guests would constitute a Club License. In order to be eligible for a Club License, the licensee must be a non - profit organization. Motion: To eliminate the restrictions and grant the license from Ham to llpm weekdays and 12 Noon to l 1pm Sundays. (Amoroso- Robinson) (5 -0) Passes. Motion: To remove the time restriction on the wine, malt, and cordials license for Traitorra La Cucina Di Nonna, and for the hours of operation to be l lam to l 1pm weekdays and 12Noon to l 1pm Sundays. ( Amoruso- Robinson) (5 -0) Passes. • Recommendation from the Police Department for a "Go Slow" Children sign on Cobb Street as requested by a Mr. and Mrs. Pinetti, 4 Cobb Street Motion: To approve. ( Amoroso- McCarter) (5 -0) Passes. 8. Town Manager Report The Annual Recreation Department duck race will be June 30 at 7:30 PM. • The Town Manager met with DEP, EPA, Brownsfreld representative, Gatra, MBTA, and VHB regarding the Hatheway Patterson site and construction of an access road to County Street. The Town will need to establish a Redevelopment Authority, which Mr. D'Agostino will be discussing with the Industrial Development Commission this 61699.doc Page 7 of 10 Thursday, to gauge their interest. The Superfund program is a possibility for clean up of the site, but it takes three years for the site to be declared a Superfund site. Using this program, the contaminated river could be rerouted. Brownsfreld money could be used in addition to the Superfund money. Mr. D'Agostino will be in contact with the Mark Roberts for assistance with this project and his services will be paid out of the Brownsfreld grant money. Over this past weekend, the wells pumped 15 to 15 /2 hours without the benefit of the Walsh Well being on line. The Oxford Tank was also filled. The Town is beginning to have flexibility in the water system but must continue to develop the Morrison Well and bring the Walsh Well to full capacity. An employment offer for the Water Operations Manager has been made to an applicant who has twenty -five years of experience in water management. It is hoped that he will be on board with the Town by the middle of July. Chahwoman Royle stated she would like to continue to review pumping records. SRPEDD census data has been forwarded to the Town Offices. Mansfield is at the high projected range and presently has 22,000 residents. By 2010, it is projected that Mansfield will have 27,764 residents. Selectman McCarter inquired of the number of building permits issued this year and asked for a breakdown of the number issued for single-family homes. Chahivoman Royle stated that she was going to recommend lowering the cap on single fancily building permits at the next Annual or Fall Town Meeting. The Electric Director, Jack Beliveau, collected $14,000 under the Town's pole attachment agreement with Time Warner Cable. • The Board is in receipt of a draft letter on the Route 140/495 access ramp and should submit their comments to the Town Manager. The Board should consider holding a Charter workshop to review which revisions should be brought to the Special Town Meeting. Chairwoman Royle responded that she would like to review the revisions during a regularly scheduled meeting and asked if the Selectmen could present the revisions or if a committee would have to be formed. Mr. D'Agostino stated that the Selectmen could present the revisions. • The "Night of a Thousand Stars" ceremony in Norton is tomorrow evening at 6:30PM. • The Selectmen are in receipt of a MIS position description for review. Selectman Amor nso stated at least an associates degree in computer science should be required. Chairwoman Royle agreed and stated the description world be placed on the June 30 agenda for discussion. 9. Selectmen 61699.doe Page 8 of 10 • Clerk Wills asked if the Manager received a response from the Police Department on the speed limit signs on Main Street and additional crosswalks requested by the ( Downtown Business Association. Town Manager D'Agostino responded that only one additional crosswalk is recommended Chainvontan Royle stated she disagrees with Officer Lawson's recommendation. Clerk Wills inquired of the number of handicap spots in the public parking lot on North Main Street and suggested a space should be designated near Sweet `N Crafty and additional spaces designated at the Council on Aging. Clerk Wills also asked if there are any plans to expand the Council on Aging parking lot. Clerk Wills asked if an update on the Tweeter Center's compliance with zoning had been received. Discussion followed regarding whom the report should be submitted to, Town Counsel or the Town Manager. Chairwoman Royle will contact the Tweeter Center Thursday to request the update. • Selectman McCarter, in response to a note from the Town Manager in the Reading Folder, stated he feels the Town may be exempt from the parking regulations for the lots at the train station because parking fees are split 50/50 with the MBTA. Selectman McCarter inquired about the status of Cleveland Twist's open air parking facility license renewal application. Town Manager D'Agostino responded that they are in the process of applying for a variance from the paving requirement. Motion: To grant an extension on the renewal until June 30. (Wills- McCarter) (5 -0) Passes. The Board discussed whether the license renewal could be denied while the licensee has a pending application for a variance. Chairwoman Royle requested that a copy of the variance application for the file. Motion: To continue the meeting to 11:10 PM. (Wills- McCarter) (3 -2) Selectmen Robinson and Amoruso opposed. Passes. • Chairwoman Royle stated she received a call from Rayna Rubin requesting a meeting with a subcommittee of the Board and Town Manager and would like the Board's comments on the request. Clerk Wills stated that he would like to participate on the subcommittee, and Chairwoman Royle volunteered also. Selectman McCarter stated he does not think the Board should negotiate from a position of weakness and that there has to be some indication to the proponents that the Board is willing to pursue issues of zoning and water hook -ups. Selectman McCarter may be willing to form a subcommittee as long as no permits are issued to Great Waves to hook up to the water in the interim until issues are resolved. Selectman McCarter also suggested that the Selectmen should approve all commercial and industrial water hookups or all hookups using over a certain amount of gallons per day. Town Manager D'Agostino cautioned the Board that they may want to think about being ( on a committee to negotiate with an entity that they will be approving or denying a water 61699.doc Page 9 of 10 hook -up and that they should take a more conservative approach. Mr. D'Agostino suggested he could issue a memorandum to DPW that the Board is willing to sit with Great Waves, but that during that process no permits should be issued until an agreement is reached or otherwise. Motion: To continue the meeting until this topic has ended and a vote is taken. (Amoroso- McCarter) (5 -0) Passes. Motion: To set up a subcommittee to negotiate with the proponent of Great Waves with the understanding that the Town Manager will send the appropriate memos regarding water hookups. ( Amoruso- McCarter) (5 -0) Passes. Motion: To appoint Chairwoman Royle and Clerk Wills to sit on the subcommittee along with the Town Manager. (Amoroso- Robinson) (5 -0) Passes. Chairwoman Royle, Clerk Wills, and the Town Manager will set the ground rules at the first meeting and will bring the information back to the full Board. Input will be sought from all of the Selectmen. 10. Adjournment 11:35 PM Motion: To adjourn. ILV A (Robinson- Amorus 5 -0) Passes. i, 3w Clerk's Sign lure Da le ofA proval 61699.doc Page 10 of 10