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HomeMy WebLinkAboutBOS MINUTES 7-14-1999f Board of Selectmen Minutes July 14,1999 J Present: Acting Chairman McCarter, Clerk Wills, and Selectman Amoroso John D'Agostino, Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. A. Chairman Nomination With both the Chairman and Vice Chairman absent from the meeting, Clerk Wills called for nominations for an Acting Chairman. Selectman Amoroso nominated Selectman McCarter, seconded by Clerk Wills, with a unanimous vote in favor. B. Warrants • Warrant No. 54 Motion: To approve. (Amoruso - Wills) Acting Chairman McCarter abstained on the Municipal Building Committee payroll and Selectman Amoroso abstained on the Recreation Summer Camp payroll. (3 -0) Passes. • Warrant No. 55 Motion: To approve. (Amoruso - Wills) Acting Chairman McCarter abstained on the Municipal Building Committee payroll and Selectman Amoruso abstained on the Recreation Summer Camp payroll. (3 -0) Passes. • Warrant No. 2 Motion: To approve. (Amoruso - Wills) Acting Chairman McCarter abstained on the Municipal Building Committee payroll and Selectman Amoroso abstained on the Recreation Summer Camp payroll. (3 -0) Passes. • Warrant No. 3 Motion: To approve. (Amoruso - Wills) Acting Chairman McCarter abstained on the Municipal Building Committee payroll and Selectman Amoruso abstained on the Recreation Summer Camp payroll. (3 -0) Passes. C. Licenses and Permits • Bulletin from the Department of Telecommunications and Energy inquiring if the Town of Mansfield would be participating in the regional public hearings on the cable license transfer from MediaOne to AT &T Motion: To hold the public hearing in Mansfield. (Amoruso - Wills) (3 -0) Passes. • Request from Nancy McNeely for an extension on her open air parking facility license renewal application for 888 South Main Street and recommendation from the Building Inspector to continue the license renewal because town staff has not had the opportunity to review the site plan submitted by the applicant due to vacations, etc. Motion: To grant a one week and one day extension with the expectation that a resolution will occur at that time. (Amoroso- Wills) (3 -0) Passes. • Applications of Stephen Ando Paull Contractors, Inc., and Stephen Teague/Professional Developers, Ltd. for drainlayers licenses and a positive recommendation for both from the DPW Director Motion: To approve the application of Stephen Teague/Professional Developers. (Amoiuso- Wills) (3 -0) Passes. Motion: To approve the application of Stephen Ando Paull Contractors, Inc. ( Amoruso- Wills) (3 -0) Passes. D. Minutes of June 30, 1999 Motion: To approve. ( Amoruso- Wills) (3 -0) Passes. E. Correspondence Action: Resident Letter from Kelly Doherty, a seventh grader at QMS chosen to be a student ambassador in the People to People program. Kelly will be taking part in an overseas trip to England, Scotland, and Whales. During the trip she will meet members of the Parliament and will learn about the British Constitution, Sir Andrew Bowden, MBE, will be the groups guide and will explain the roles of the members of the House of Commons and House of Lords and Monarch. Ms. Doherty would like to present Sir Bowden with an official greeting from Mansfield government and would appreciate any assistance the Selectmen can provide. Motion: To authorize the Town Manager to prepare such a greeting to Sir Andrew Bowden, MBE, and sign on the Selectmen's behalf. (Anioruso- Wills) (3 -0) Passes. Letter from Loi Nguyen, 10 Mayhew Farm Drive, contesting a notice of water ban violation received on June 28 for June 27. Loi Nguyen feels the Water Department mistook her neighbor's sprinkler for hers. Ms. Nguyen further states that there must be a way to correct the problem and that she is afraid the employee could make similar mistake with other persons abiding by the law. Letter from Joe Barca, 23 Fieldstone Drive, requesting permission to close Deer Path Lane to traffic on August 28 from 2 -9pm for an Annual Block Party Forwarded to Police and Fire for Approval Motion: To approve the closure of Deerpath Lane to traffic on August 28 from 2- 9pm for their annual block party with the exception that residents in that area should have access. (Amoroso- Wills) (3 -0) Passes. Other: Resident Letter from Steven Thomas, 946 West Street, stating he is concerned about the decision that was made to allow the Great Waves water park to be built in Mansfield and asking for an explanation of how the Great Waves proponent anticipate the project will not have any affect on our water supply or underground wells. Mr. Thomas also requests that the Board reconsider any decisions made to promote Great Waves. Town Manager and Staff Memorandum from Town Manager D'Agostino concerning counting the cars at the Clemmey and McNeeley parking lots Motion: That we do not count cars in the Clemmey and McNeeley parking lots. (Wills - Amoruso) Selectman Amoroso withdrew his second. Motion: To establish a policy that the regulating authorities within town will abide by open air parking regulations. There is no need to count vehicles unless there is a demonstrated public safety concern or apparent license violation of the open air parking regulations. (Wills- Amoruso) (3 -0) Passes. Memorandum from Dick Lewis, Conservation Agent, concerning the variance application of Joseph Ditchman. Mr. Ditchman's application will not be heard by the Zoning Board until August 17, 1999. Motion: To send notification to Mr. Ditchman that we will grant an extension until the hearing has been completed and a decision rendered by the Zoning Board of Appeals and notify Mr. Ditchman if the Zoning Board does not find in his favor and he is not prepared to comply with the requirements, we may rescind his license. ( Amoruso- Wills) (3 -0) Passes. State and Local Government Invitation from the 201h Century Celebration Committee, Town of North Attleboro to attend a 20th Century Celebration Parade leading up to the millennium year of 2000 AD on September 26 at noon. Miscellaneous Letter from Bruce Montgomery, General Manager, Tweeter Center, including several additions to their master list for the 1999 season Letter from Bruce Montgomery, General Manager, Tweeter Center, with an addition to the master list for the 1999 season Letter from John Haddad, 108 Spring Street, Foxboro, filing a complaint regarding a Water Department employee who informed his daycare provider at his home on June 22 that the residence was in violation of the water ban Mr. Haddad is connected to Mansfield's water system. Mr. Haddad requests quick resolution of the issue. Attached is a letter in response from DPW Director Lee Azinheira. Also attached is a letter in response to Mr. Azinheira's letter from Mr. Haddad continuing to complain about the actions of the Water Department employee, requesting that the issue be addressed, and stating "As far as the water ban issue is concerned, if the Town of Mansfield abides by the law and follows the proper legal avenues, the issue will solve itself." Town Manager D'Agostino spoke with the Foxboro Water Superintendent and stated he agrees if residents are supplied water by Mansfield they have to act in accordance with the regulations. An investigation was conducted and the person referenced in the letter is the Acting Water Operations Manager, Steve Bishop, who has always acted in a professional manner. A policy has been established that water meter readers must have their Municipal employee identification card displayed whenever entering upon private property. Selectman Amoruso commented that he would like to see the actual employee's name issuing the violation notice on the notice rather than "Water Department." Acting Chairman McCarter suggested the Manager send a letter to Warren McKay, the Foxboro Water Superintendent, requesting that he notify all Foxboro residents who receive their water from Mansfield of the restriction. 2. Questions and Comments Peter DeTrolio, 496 Ehn Street, inquired if any of the Board members saw the traffic jam caused by patrons of the Phish Concert at the Tweeter Center Monday and Tuesday of this week. Mr. DeTrolio suggested if Great Waves had been open during the time, the situation would have been a "nightmare" and that the Town cannot allow the project in Mansfield. Lastly, Mr. DeTrolio stated he had an altercation with a couple Phish Concert patrons and called the Police Department for assistance and commended the professionalism demonstrated by the Officers handling the situation. Bill Gerber, 362 Central Street, asked what recommendation the Police Chief provided as a result of attending Phish concerts in other venues. Town Manager D'Agostino responded that the Chief did not attend the Phish concerts as anticipated but called other venues to get an idea of what to expect in Mansfield. Mr. Gerber also stated if people are going to be camping out near his residence for such concerts, where there is not a great deal of police presence, he would like to have patrols increased in the area during that time. Acting Chairman McCarter suggested admitting only persons holding concert tickets into the Tweeter Center lot should be reviewed. Town Manager D'Agostino commented that the Selectmen should review licensing each show rather than the entire year at once.. Christine Flass, 115 Rumford Avenue, questioned the extent of traffic if Great Waves locates in Mansfield and commented that during that Phish Concert on her way home from work she was unable to exit off the highway because of the traffic problem. Dorothy Gerber, 362 Central Street, commented that there is always an excuse for Tweeter, traffic, noise, etc., and that they are in the business and should be able to take care of their problems. Ms. Gerber continued to state that the Town should be tougher with Tweeter and that when attending concerts she has seen a lot of "drunks" in the parking lot but never anyone checking them out. Robert Goldman, Van Gemert Drive, received a copy of the test well schedule for the Great Waves project and stated that it is important that the Town review the results. Dave Hammond, Branch Street, requested the Selectmen vote to not allow Great Waves to connect to Mansfield's water until the Town is satisfied their wells will perform to our expectations and to spend a portion of the $88,500 appropriated at Town Meeting to verify Great Waves well data or test the fields ourselves to confirm their performance. Town Manager D'Agostino responded that the Town could request the water consultants, Woodard & Curran, monitor the tests and make an analysis themselves, but that the Town does not have the right to enter upon the property to test the wells. Mr. D'Agostino stated that he would ask Woodard & Curran to put together a scope of services and estimate, which could be paid for out of the $88,500 appropriated at Town Meeting or by the proponent. Cindy Estrorvski, 456 Fruit Street, fully supports the Board's decision to enter into Phase II of the water ban. David Hannnond, Branch Street, stated he does not feel a forty -eight hour well test is adequate to determine the performance of the bedrock wells over the three -month Great Waves' season and that the wells should be monitored for a much longer time. Karl Clennney, 750 South Main Street, asked if the Selectmen had reached a decision on his request to allow zoning articles on the Special Town Meeting warrant in the fall. Acting Chairman McCarter responded that Mr. Clemmey has the right to request the Selectmen waive the one hundred - signature requirement and require only ten. Next, Mr. Clemmey stated that Foxboro Stadium pays for all Town Counsel's opinions in Foxboro. Mr. Clemmey stated he feels the Mansfield News reported accurately on the incident involving a police association broadcast on Channel 68 concerning the number of police officers patrolling Mansfield's streets. Mr. Clemmey stated on occasion the Police Chief works thirty -two hours straight and commented that he does not think anyone wants him to do that. Lastly, Mr. Clemmey commended the actions of Clerk Wills while taking care of a public safety issue with his open air parking lot. An agreement was reached with the Tweeter Center to install a back gate to allow pedestrian access to the site. Jay Barrows announced the Downtown Business Association sidewalk sale is scheduled for next Wednesday, July 21, from 6 -1Opm. 3. Water Restriction Update Town Manager D'Agostino reported that the DPW Director recommends continuing with Phase II of the water ban and updated the Board on repairs being made to leaks found in the Walsh wellfreld. 4. O'Neill Dog Complaint Review Jeff Collins, Humane Officer, Paul Gorham, and Diane O'Neill, owner of the dog, were present for this discussion. Paul Gorham summarized the incident stating his son was bitten by O'Neill's dog at the Canoe River Campground while on a Cub Scout camping trip. The person walking the dog when it bit his son walked away after the bite. The dog has bitten before in Quincy, where it resides. (Ms. O'Neill is a seasonal camper at Canoe River.) Mr. Gorham continued to state that although he did not witness the bite he was told by two witnesses that it was unprovoked. Members of the Board asked questions such as the breed of the dog, whether or not stitches were administered, campground policy concerning animals, if the dog is normally leashed, and length of Mr. Gorham's stay at the campground. Ms. O'Neill responded that the dog is a shepherd collie mix and that it is usually leashed and muzzled but that her sister was walking the dog without a muzzle at the time of the incident without her permission. When asked by Acting Chairman McCarter to respond to the complaint, Ms. O'Neill responded that she could not because she was not present at the time of the incident but did add that the dog lives with five children in Quincy and has never bitten any of them. Town Manager D'Agostino asked if a hearing had ever been held in Quincy when the dog bit there and if the dog was ordered muzzled. Ms. O'Neill responded that a hearing was not held Humane Officer Jeff Collins summarized his report of the incident to the Board of Selectmen dated July 14, 1999, and recommended banishment from the Town definitely and euthanasia possibly. Mr. Collins added that Ms. O'Neill's landlord told him that he does not have a problem with the dog returning to his property. Additional questions asked by the Selectmen were concerning: whether or not the animal has been allowed back at Canoe River Campground, who the owner is, if a hearing would be held in Quincy, if Ms. O'Neill would have a problem removing the animal from Mansfield and never bringing him back, and why the animal is usually muzzled. Town Manager addressed the Selectmen stating they have the authority to act on the dog complaint and recommended euthanizing the dog. Motion: That the dog be put to sleep under the auspices of the Dog Officer of the Town of Mansfield. (Wills - Amoruso) (2 -1) Acting Chairman McCarter opposed. Passes. 5. Discussion with Jay Barrows, Downtown Business Association Town Manager D'Agostino reviewed Police Chief O'Neill's responses to Mr. Barrows previous requests for additional crosswalks and lowering the speed limit in the downtown. Police Chief O'Neill recommends placing a crosswalk at North Main and Court Street and North Main and Cottage Street and the Police Department is undertaking a survey of average speed, vehicle classification and volume counts in the North Main Street business district. Mr. Barrows also requested additional diagonal parking spaces on Old Colony Way, a decision at some point on whether or not Church Street could be made two -way with a right turn only onto North Main Street, and that the Selectmen send a letter to Senator Sprague in support of the Downtown Business Association's request for a delayed green light at the North Main Street/Route 106 intersection. Clerk Wills relayed a long -time resident's request for handicap parking at Stearns and Bookends. Motion: To paint the crosswalks at North Main and Court Street and Cottage Street and make the appropriate curb cut corrections for handicap accessibility. (Wills - Amoroso) (3 -0) Passes. Motion: To send a letter to Senator Sprague supporting a delayed green light at North Main Street and Route 106 and asking that efforts be coordinated with VHB during the design phase of the train station renovation project. (Wills - Amoroso) (3 -0) Passes. 6. Town Manager Report • The Board of Selectmen have been invited by the Foxboro Board of Selectmen to a joint meeting to discuss the train station plans and County Street access. A majority of the Board was in favor of meeting with Foxboro but at the Mansfield Town Hall. • The Norton Board of Selectmen has taken an adversarial position on the multi- purpose trail and has requested a sixty -day extension on the ENF comment period, which would jeopardize funding for the project. The project design must be 25% complete by September to receive funding but an extension of the comment period would delay this. Mr. D'Agostino suggested the Selectmen reconsider their position on the Route 495/140 southbound access ramp and vote not to move forward on construction of the ramp until Mansfield receives clear direction from Norton and the bike path is funded and constructed. The Norton Board of Selectmen requested a joint meeting in Norton on Monday, July 19. Motion: That we invite the Norton Selectmen to Mansfield and if they are not willing to come here we can hold the meeting in Norton but make arrangements to have the meeting taped and broadcast in Mansfield. (Amoruso - McCarter) (3 -0) Passes. • The final meeting for the train station renovation project will be held in the fall for final concurrence. The Town will have to lease or purchase additional land to dedicate parking for Mansfield residents. Discussion followed regarding at which phase the County Street access would be constructed. Mr. D'Agostino will be on vacation the last week of July and first week of August and stated that he is inclined to indicate that Jack Beliveau will be the Acting Town Manager during that time and will sit in the Town Manager's office. The DPW Director, Lee Azinheira, will also be available to help. 7. Old Business Acting Chairman McCarter asked if there had been any preliminary discussion on a potential attorney to represent the Selectmen on potential appeals and inquired about construction activity at Kingman Pond. 8. New Business • Clerk Wills asked if a Town Engineer had been hired yet. • Selectman Amoruso asked why wood is being used over electrical material on the School Street/Elm Street Railroad Bridge. Town Manager D'Agostino responded that he sent a memorandum to the Planning Director inquiring and that he would try to respond next Thursday. • Acting Chairman McCarter asked why a portion of the roadway pavement is cut out in front of the High school on East Street. 9. Adjournment 10:40 PM Motion: To adjourn. (Wills Amoruso) (3 0) Passes ell Clerk's SignAture Date" of Approval