HomeMy WebLinkAboutBOS MINUTES 9-22-1999Board of Selectmen
Minutes
September 22, 1999
7:00 PM
Present: Chairwoman Royle, Clerk Wills, Selectmen Amoroso, McCarter, and'.' `� =1-
Robinson l_ I TS
John D'Agostino, Town Manager
Executive Session — 7:00 PM
Motion: To go into executive session for the purpose of discussing strategy for
pending litigation and to convene in public session at 7:30 PM.
( Amoruso- Robinson) Selectman Amoruso, Aye; Clerk Wills, Aye;
Selectman McCarter, Aye; Selectman Robinson, Aye; Chairwoman Royle,
Aye. All in favor. Passes.
2. Selectmen Old Business
• Special Town Meeting Date
Motion: That we establish a Special Town Meeting date of November 15, 1999.
( Amoruso- Robinson) All in favor. Passes.
The Selectmen agreed that the articles would be limited to emergency articles only that
cannot wait until March or April for the Annual Town Meeting. Chairwoman Royle
stated that the zoning amendment regarding retail business in the I1 Zone should be
placed on the Special Town Meeting warrant.
• Fee Waiver Policy
Mr. D'Agostino will develop a policy for the Board's review. Chairwoman Royle
suggested incorporation of the following items in the policy: which fees may be waived,
which organizations will be granted waivers(non- profits, municipal, school, and
religious), criteria for non - profits (charitable and service organizations should be
emphasized. Selectman McCarter suggested that non - profit organizations should be
required to provide a tax - exempt certificate.
Selectman McCarter inquired of the status of crosswalk painting downtown. Mr.
D'Agostino responded that he attended a meeting with Mass Highway this date along
with the DPW Director, Town Engineer, Jay Barrows, and District S. Any change in
the traffic signal delay at the Route 106 1North Main Street intersection would require
a traffic study. Mr. D'Agostino would like to include a study of the Forbes
BoulevardlWest Street intersection also.
In reference to the West Street/Forbes Boulevard intersection, Selectman Amoroso
suggested increasing notification of the stop sign ahead. A majority of the Board of
Selectmen was in favor of requesting the Police Department review installation of the
signs.
In regard to the North Main Street crosswalks, Mr. D'Agostino reported that Mass
Highway will accept only traffic yellow or white paint, not green as was previously voted
by the Selectmen. All Board members, with the exception of Clerk Wills, were in favor
of painting the crosswalks all white so that they are legal.
• Selectman Amoruso acknowledged and commended the "extraordinary" work of the
DPW employees maintaining the Memorial Park fields.
• Selectman Robinson expressed many concerns regarding the Route 106 Canoe River
Water and Sewer project as follows:
a. He is unhappy that the contractor worked until 6:15 PM one of the evenings this past
week
b. The section of road between St. Mary's Church and Pratt Street should be closed
down because of the bumps, sinkholes.
c. Tractor - trailers are still trying to make the turn at Mill and Essex Streets. They should
be directed back onto South Main Street to Route 140.
d. The words "Route 106 Detour" should be added to the detour signs in Easton because
there is more than one detour and motorists are getting confused.
e. Additional speed signs should be installed.
f. Cutting the road at Route 106 and Franklin Street should be coordinated with St.
Mary's Church.
g. Residents received either no notice or too short of notice that their power was to be
disrupted for a few hours because of the project.
Town Engineer John Sullivan responded to Selectman Robinson's concerns as follows:
a. Residents should have been notified beforehand of the power outage.
b. Easton employs a police detail officer who should be directing trucks for the detour.
c. "Route 106" can be added to some of the detour signs, but not all fifty of them.
d. The condition of the road in front of St. Mary's Church is deplorable. An
independent contractor was hired to conduct compaction tests, and four out of five
tests failed. Mr. Sullivan met with the contractor and advised him of the compaction
problems, and the contractor responded that he would do better compaction and
would test the work he has been doing. The repairs should be completed by
November 15.
Selectman McCarter inquired of the timeframe for completion of the Route 106
project and asked if encountering the ledge would increase the project cost. Mr.
Sullivan responded that the project should be complete by the end of December,
encountering ledge ivill increase the cost, and additional money may need to be
requested for police and fire details.
• Selectman Robinson stated the mail truck was unable to get through the street while
the Route 106 contractor was working with the excavator the other day.
3. Questions and Comments
Nancy Callan, 142 Church Sheet, inquired about a project the Town may be undertaking
as part of an affordable housing grant program, which would involve relocating a two -
family house next to St. Mary's Church on Route 106 to the corner of Church Street and
Hope Street. Ms. Callan questioned who would want to live on the corner of Hope Street
and Church Sheet and stated that the project seems.
Next, Ms. Callan asked if there is a guarantee that a new lumber company in town would
not pollute the Town's water as another company did.
Lastly, Ms. Callan asked why the Town's does not build a parking garage at the train
station and if the idea was ever considered.
Torvn Manager D'Agostino left the meeting at this tittle to attend a portion of the
Planning Board's meeting, during which tittle the Train Station renovation project was to
be discussed.
Bill Gerber, 362 Central Street, does not feel the Town is enforcing the parkin lot zoning
ordinance well. DeWolfe Real Estate's parking lot is not striped, nor is the Tweeter
Center's. Chairwoman Royle suggested Mr. Gerber put his concerns in writing to the
Zoning Enforcement Officer.
Andrew Rys, 14 Church Street, does not feel that any of the Church Street sidewalks
should have been removed during the summer of 1998 and that he is concerned with the
lack of information provided to the residents throughout the entire project. Mr, Rys was
also upset that he found his car covered with debris as a result of the sidewalk in front of
the old St. Mary's Church being cut into and removed. Lastly, Mr. Rys stated gaps in the
road next to Cheng Du should be marked better with traffic cones. Chairwoman Royle
requested Mr. Rys put his concerns in writing to the Town Manager.
4. Request of ETC Trust for a Sewer Easement to service 171 Ware Street
The applicant, Charlotte Troy, and her engineer, Ralph Maloon, were both in attendance
to present their casement request, as was Town Engineer John Sullivan to explain his
recommendation.
Mr. Maloon explained his client's request for a 30 -foot easement across town land to
service 171 Ware Street, containing a 12 unit, 24- bedroom facility. Although a Town
Meeting vote would be required to grant the easement, the applicant was present seeking
the Selectmen's support.
Mr. Sullivan recommended the Selectmen not grant or support the easement for the
following reasons, as stated in his memorandum to the Town Manager, dated September
21, 1999:
• Extensive wetland crossing and/or work within the Buffer Zone
• Possible limits on the use of the Baybrook Farm Sewer system for the schools.
• Potential difficulties in operating and maintaining a private pump station with
multiple Town users.
• Possibly encouraging additional development in a Zone 2 area, which would be
against the recommendations of the Town's Master Plan.
Motion: That we not support the easement between ETC Trust and Woodland
Way, which would, in effect, produce a sewer extension.
(Amoruso- Robinson) (3 -1 -1) Selectman McCarter opposed Chairwoman
Royle abstained. Passes.
5. 9:10 PM Discussion with Paul Folkman, Chairman, Board of Assessors, Re:
Revised Office Manager /Assistant Assessor Job Description
Mr. D'Agostino returned to the meeting.
Mr. Folkman explained he has attempted to emphasize the need for more computerization
within the department with the revised description.
Selectman McCarter questioned the salary range, and Chairwoman Royle requested the
addition of the words "Bachelors Degree preferred" for consistency with other
descriptions.
Motion: To approve the job description for the Office Manager /Assistant Assessor
with the addition of "Bachelors Degree preferred" and "accreditation"
after the word "and" and before "experience" within the paragraph
"Qualifications."
(McCarter - Wills) All in favor. Passes.
6. Town Manger Report
• At the Selectmen's request, Andrew Rys, reiterated concerns he expressed earlier
during Questions and Comments this evening. Chairwoman Royle asked if
permission should have been sought from the Road Commissioners, under the five -
year moratorium outlined in the Street Cut Regulations, to cut into the Church Street
sidewalks since they were only installed last year. Torvn Manager D'Agostino
responded that he would discuss the issues with DPW staff.
• Town Manager D'Agostino had preliminary discussions with State Representative
Poirier regarding his dissatisfaction with the permitting process for the Interbasin
Transfer Application, Representative Poirier arranged a meeting with Peter Webber,
Department of Environmental Management, and Lee Azinheira, DPW Director, to
discuss the process next Tuesday. Mr. D'Agostino will be unable to attend the
meeting because he will be attending a deposition for the SMI /Qualters Middle
School litigation.
• A request has been placed in the Reading Folder to pay legal fees to Special Counsel
Russ Conn for the SMI litigation, $5,000- $8,000. Selectman McCarter asked why
Special Counsel was retained for this litigation, why Town Counsel's services are not
being utilized, why the Selectman were not involved in selecting the Special Counsel,
and if Town Counsel declined to represent the Board Mr. D'Agostino responded
that he and the Municipal Building Committee members collectively felt better with
Russ Conn handling the case.
• Representative Poirier concurs with the Mansfield regarding the Interbasin Transfer
permitting process and will try to speed up the process to allow for a more timely
decision from DEM.
• The Board is in receipt of information on water capital charges. Additional
information will be provided, including who has been charged and the respective
amounts.
• A vehicle usage report should be provided to the Selectmen by the end of next week.
7. Selectmen Old/New Business
• Selectman Robinson requested the Town Manager ask DPW to take down the top of a
tree on the East Mansfield Common that was damaged during Tropical Storm Floyd.
• Selectmen Robinson also inquired about resolution to the East Street/Ware Street dust
problem, asked who is responsible for washing Department Head vehicles and the
cost of same, and stated he feels a warrant article should be placed on the Special
Town Meeting warrant to refund fees charged to families for use of the school bus
this past week, because the service was unable due to construction.
• Referencing a letter in the Reading Folder from the Firemen's Association, Selectman
Robinson asked if a problem exists with motor pool vehicles. Mr. D'Agostino
responded that he believes the vehicle is driveable and is maintained properly.
• Selectman Robinson asked why the shipping cost for flashing speed sign is so high
and if the Town Manager could review purchasing portable signs that may be
mounted on vehicles and suggested local businesses may want to contribute to the
cost, as has been done in other communities.
• Selectman Robinson stated he would like to send a letter to Richard Morse thanking
him for allowing the Town to use his land to access the Walsh Wellfield to make
repairs.
• Selectman McCarter stated the Selectmen are in receipt of a couple letters from
Police Chief O'Neill regarding the open air parking facility on South Main Street, one
regarding the Selectmen's authority with respect to counting cars, and the other
requesting a hearing before the Selectmen based upon some alleged violations of the
open air parking facility regulations. Town Manager D'Agostino responded that he
does not believe that he received a response from Town Counsel regarding the
Board's authority with respect to counting cars. Mr. D'Agostino would like to review
the alleged violation issues with the Town Counsel and ask for his advice on how to
handle the Chief's letter.
• Clerk Wills attended the Founders Day Celebration this past weekend at the Fisher
Richardson House, which was very nice. When he inquired about a pile of brush on
the property, he was told that the Historical Commission had requested DPW remove
the brush because it is on Town property. Commissioners also asked if the Town
could cut small brush and trees at the back of the property to expose a large pine tree.
This is normally done by Commissioner Kevin McNatt. Mr. D'Agostino responded
that he would he would ask the Highway Operations Manager, Mark Coop to meet
with Mr. McNatt.
• Chairwoman Royle reported that during an executive session last week regarding
litigation with Great Waves the Selectmen the Board voted three in favor with one
member opposed and one member absent to allow the Town Manager and Town
Counsel to meet with the proponents of Great Waves to discuss the affects of the
project on public water, traffic, and noise to adjacent Conservation areas, work out
plans for mitigation, and resolution of some of those items. A second executive
session was held tonight, during which the Board received a second zoning opinion
from Attorney Dan Bailey. The opinion is public information and will be available in
the Town Clerk's office.
• Chairwoman Royle reported that the Community Preservation Act passed at the
Senate. The Bill that passed provides a choice for funding. Chairwoman Royle
requested the Board's permission to send a letter to Mansfield's representatives to
support the Senate Bill at the House level.
Motion: So moved.
(Robinson - Amoroso) All in favor. Passes.
Town Manager D'Agostino stated that the Governor still has the ability to veto the Act,
and suggested writing a second letter to him requesting he allow choice at the local level.
• The Selectmen are in receipt of two applications for one position on the Animal
Welfare Committee. One of the applicants attends school on Wednesday evenings
and is, therefore, unable to interview during a regular meeting. Chairwoman Royle
asked if the Selectmen would like to appoint one of the applicants to the full position
and one as an alternate. Torun Manager D'Agostino suggested interviewing the
applicants prior to a workshop on an off meeting night. Chairwoman Royle will try
to arrange the interviews on an off - night.
• Chairwoman Royle stated she would like to place the Church Street sidewalks on
next week's agenda and that she feels the Board's previous vote to place an article on
the Special Town Meeting warrant to fund installation of a sidewalk the entire length
of Church Street is unrealistic. Chairwoman Royle also stated she does not want to
hold up paving Church Street, which has already been scheduled.
Motion: To amend the previous motion to exclude placement of an article on the
Special Town Meeting warrant to install a sidewalk the entire length of
Church Street.
(Wills - Amoruso) (4 -0 -1) Selectman Robinson abstained. Passes.
8. Weekly Business
A. Warrant No. 12
Motion: To approve.
(Wills- Amoruso) 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.
B. Minutes
• Executive Session Minutes of April 14, 1999 and July 9, 1999
Motion: To release.
( Amoruso- Wills) All in favor. Passes.
• September 1, 1999
Motion: To approve.
( Amoruso- McCarter) All in favor. Passes.
• September 8, 1999
Motion: To approve.
( Amoruso- Wills) All in favor. Passes.
Request from the Treasurer - Collector that the Selectmen sign a Bond Authorization for
the Route 106 Canoe River Water and Sewer Project in the Amount of $674,021
Motion: So moved.
(Robinson- Amoruso) All in favor. Passes.
C. Correspondence
Se
rteaiber 22, 1999, Correspondence:
Action:
Resident
Request fiom Oliver & Pauline Brown for the Town to install a concave mirror and a
blind drive sign in front of their home at 220 Plain Street. Forivarded to the Police
Department for Review.
Motion: To grant permission for installation, but he applicant must purchase and
install the mirror.
(Wills - Amoruso) All in favor. Passes.
Town Manager and Staff
Memorandum from John D'Agostino, Town Manager, requesting that invoices associated
with SMI Litigation on the Middle School Construction Project be charged to the Town's
legal account, and replenished at the Fall Town Meeting, if necessary.
Request fiom Dare Officer Connor for permission to use the town -owned lot at the corner
of Church Street and Hope Street from 8am to lOpm for preparation, drop off,
registration and pick up of student s for the second annual Grogan- Marcianos/DARE
Night at Memorial Park
Request from the Actors' Collaborative to display a banner for its upcoming
performance, "42nd Street", above Route 106, near the intersection of Oakland Street,
between October 25 and November 17 Forwarded to the Light Department for Review.
Miscellaneous
Request from the Attleboro Area Council for Children, Inc. that the Selectmen proclaim
October 23, 1999, "Make a Difference Day" in Mansfield Proclamation attached to the
requestfor your signatures.
Request from the Cable Access Board that the Selectmen ask MediaOne to replace their
Bulletin Board system
Motion: That we send a letter to MediaOne requesting replacement of all of the
bulletin board access systems.
(Amoroso- Wills) (4 -0 -1) Selectman Robinson abstained. Passes.
Other:
Town Manager and Staff
Memorandum fiom Town Manager D'Agostino regarding the Route 106 detour
Memorandum from Town Manager D'Agostino regarding Coliform Results at the
Foolish Hill Tank
State and Local Government
Letter from Norton Town Manager Christopher McCabe stated the Selectmen voted at
their August 24 meeting to withdraw support for construction of the proposed Old
Colony Multi- Purpose Trail in Norton and that the Board supports the change in scope of
the project that will limit construction of the proposed trail to only that section to be
located in Mansfield.
Letter from Mass Highway stating Mansfield will be receiving $160,920.99 in Chapter 90
funds this year
Letter from the Office of the Attorney General stating in the last six months, the VFW,
Mansfield, has been named at least four times in "Last Drink" complaints
Motion: To invite the manager of the VFW in to a meeting to discuss the
notification we received from the State.
(Amoruso- Wills) All in favor. Passes.
Miscellaneous
Notification from Motorola that they intend to permanently reduce the number of
employees in its production operations at 665 West Street in Mansfteld, in anticipation of
permanently ceasing production operations in Mansfield.
Member 15, 1999, Correspondence:
Action:
State and Local Government
Letter from the Massachusetts Department of Revenue with attached Y2k Local Outreach
Inventory Report for Mansfield prepared by the Department of Revenue's contractor, W.
T. Chen
Miscellaneous
Letter from Frank Foss, Manager of Government Affairs, MediaOne, confirming as of
August 3 MediaOne became Mansfield's cable operator, and that bills will be formatted
differently than the previous bills from Time Warner
Member 8,1999, Correspondence:
Other:
Town Manager and Staff
Memorandum from John D'Agostino, Town Manager, regarding a 10 -year license
agreement with the Mansfield Youth Soccer Organization for the Plymouth Street Fields
and stating he would like to invite the organization along with Atty. Mangiaratti to a
Selectmen's meeting to discuss the plans. Because the license would extend beyond
five years, a Town Meeting vote would be necessary to ensure its legality.
Memorandum from John D'Agostino, Town Manager, asking if the Selectmen would like
to place an article on the Special Town Meeting warrant to purchase a MPH Trailer,
which flashes the miles per hour a car is driving, at a total cost of $9,273.00 A majority of
the Board was not in favor ofplacing an article on the Special Torvn Meeting rvarrant.
Miscellaneous
Letter from Susan Cinelli, Executive Director of the Mansfield Branch of Rockomock
Area YMCA "School's" Out" Program, requesting a waiver of the fees associated ivith
inspections required of all areas utilized by their childcare program permanently. The
most recent application submitted is for the Robinson School. The inspection fee for the
Jordan Jackson School was waived in June.
Motion: So moved.
(Amoruso- Wills) All in favor. Passes.
Other:
Town Manager and Staff
Memorandum from Town Manager D'Agostino to the Board of Selectmen stating that he
has been informed that the Firefighters Union plans to move their memorial from the
Spring Street Cemetery to the South Common
Memorandum from Town Manager D'Agostino to the Board of Selectmen regarding
projected water revenues for July and August of FY2000
Memorandum from Town Manager D'Agostino to the Board of Selectmen regarding
Nancy Eames' property
State and Local Government
Letter from the Foxboro Board of Selectmen thanking the Selectmen for the July 22 joint
meeting and stating, for the record, that they oppose the proposed access /egress through
the contaminated Hathaway/Patterson site or any other access /egress that will negatively
impact Foxboro roads and residents. The Foxboro Selectmen also request to be kept
informed of any plans to construct this roadway so that they may work with Selectmen to
come up with a solution that meets the needs of all concerned.
9. Adjournment 10:50 PM
Motion: To adjourn.
(Wills - McCarter) All in favor. Passes.
Clerk's Sig ature DateofAiproval