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HomeMy WebLinkAboutBOS MINUTES 9-29-1999Board of Selectmen Minutes September 29, 1999 i,E Ci- I'l l) ICE Present: Chairwoman Royle, Clerk Wills, Selectmen Amoroso, McCarter; and 1- -I Robinson I 1 1 d . John D'Agostino, Town Manager 1. The meeting was called to order at 7:30 PM followed by the pledge of allegiance. Chairwoman Royle announced that telephone pledges would be accepted this evening for the upcoming American Cancer Society Making Strides Walk for Cancer. Many Town Hall employees will be participating in the walk. A. Warrant No. 13 - $3,008,915.49 Motion: To approve. (McCarter - Amoruso) Chairwoman Royle abstained on all Board of Health items, Selectman Robinson abstained on the School Department payroll, and Selectman McCarter abstained on the Municipal Building Committee payroll. Passes. B. Licenses and Permits • Drainlayers license application of J. Fiske Construction, Inc. and positive recommendation from the Town Engineer, John Sullivan Motion: To approve. (Amoroso- Robinson) All in favor. Passes. • Proclamation for Make a Difference Day, October 23, 1999 Motion: To sign the proclamation. ( Amoruso- Wills) All in favor. Passes. • Application of the Mansfield Recreation Department for a parade permit and positive recommendation from Police Chief O'Neill Motion: To approve. (Amoroso- Wills) All in favor. Passes. C. Minutes • Executive Session Minutes of September 15, 1999 Motion: To approve but not release. ( Amoruso- Wills) (4 -0 -1) Selectman Robinson abstained. Passes. • Open Meeting Minutes of September 15, 1999 Motion: To approve. ( Amoruso- Wills) (4 -0 -1) Selectman Robinson abstained. Passes. D. Correspondence Letter from Police Chief O'Neill requesting the Selectmen implement as policy the following relative to resident stickers: Leased Vehicles — Require applicants to display a lease contract with their name and address on it in order to verify local garaging of their vehicle. Company Vehicles — Require applicants to produce a letter from their employer /owner /lessor of the vehicle that their car is assigned to them and kept at their home. Motion: To set as policy the two above items regarding leasing and company vehicles. ( Amoruso- Robinson) All in favor. Passes. And institute a fine schedule to discourage misuse of resident stickers, residents giving their out -of -town friends or relatives their sticker as follows: First Offense, $25; Second Offense, $50; and Third Offense, Revocation f rights to obtain sticker Town Meeting approval would be required to adopt this fee schedule. Action: Town Manager & Staff Memorandum from Police Chief O'Neill forwarding a request from Officer Lawson for the Road Commissioners to designate the easterly side of Union Street between the Park Row intersection and the rear entrance driveway of the Town Hall as a "No Parking Anytime" Zone. Motion: To approve. ( Amoruso- Wills) All in favor. Passes. Invitation from Lorilee Fish, Park & Recreation Director, to attend the Annual Halloween Parade on Sunday, October 31, at 2:00 PM beginning at the South Common, to assist in leading the parade as Grand Marshall(s), and to send a representative of the Board to be a costume judge Chairwoman Royle volunteered to march in the parade, and Clerk Wills volunteered to be a judge. Board and Committee Letter of resignation from the Recreation Commission from Carlos Medieros. Motion: To accept Mr. Medeiros' resignation with regret and send him a letter of appreciation for serving on the Commission. (Robinson - Amoruso) All in favor. Passes. State and Local Government MMA Action Chapter 70 School Aid Alert requesting the Selectmen: 1. Contact the House and Senate Members and tell them that their support is needed for the higher Senate appropriation; 2. Tell our legislators the purposes for which your school system would use the higher education aid proposed by the Senate, such as smaller class sizes, full day kindergarten, implementing new programs, etc.; 3. Contact local media and tell them of the Board's support for the Senate appropriation. No action taken at this time. Miscellaneous Request from Jayne Haworth, Director of Marketing, United Way, requesting permission to display their vinyl campaign banners in the following locations: North Common, South Common, and East Common Motion: To approve displaying a banner at the North Common. (Robinson- Amoruso) All in favor. Passes. Other Miscellaneous Invitation to the Policemen's Ball on Friday, October 8, 1999, from the Mansfield Police Association 2. Questions and Comments Nancy Callan, 142 Church Street, has been approached the last few days by neighbors regarding relocating the house next to St. Mary's Church to the corner of Hope and Church Street. This is not a good location for this house; Ms. Callan is concerned with traffic, and her neighbors are concerned too. It has come to Ms. Callan's attention that J.P. Noon is storing chemicals at its facility. Ms. Callan stated if this is the case, she would like to know which chemicals are being stored, and who monitors them. Chairrvoinan Royle responded that both the Fire and Health Departments would know the types of chemicals being stored. Ms. Callan requested the Selectmen find out and report back next week. Ms. Callan asked if it is true that it would take one hundred years for the dioxins to clear in the Rumford River. Town Manager D'Agostino responded. George Dentin, Gladiola Terrace, asked if it is a fact that the Selectmen voted to enter into negotiations with Great Waves and asked if the sessions would be posted. Chairwoman Royle responded that the Board did vote to talk to Great Waves but that the meetings would not be posted because the Selectmen would not take part, Torvn Counsel, Staff, and the Town Manger would. Mr. Dentine requested the Selectmen seek an opinion from Town Counsel concerning the legality of not posting staff meetings of this nature. Town Manager D'Agostino suggested if Mr. Dentino feels the meetings tivould be illegal, he could inquire of the District Attorney's office. Mr. Dentino also asked if Town Counsel responded to his request eight or nine weeks ago regarding a decision of the Zoning Board of Appeals in 1992 on the application of Great Woods Center for the Performing Arts. Town Manager D'Agostino responded that he had not receive an opinion from Town Counsel and that he would follow up on his previous request. Christine Flass, 115 Rumford Avenue, inquired of the status of the Open Space Preservation Act. In reference to the September 22, 1999, opinion letter from Attorney Bailey, Ms. Flass asked if the Selectmen were planning to take any action and suggested the Town require a special permit for the Great Waves facility. Lou Andrews, NRT, is disappointed that the Selectmen decided to enter into negotiations with Great Waves prior to the process having been followed through. Dave Hammond, Branch Street, accepts the Selectmen's position that not posting staff meetings with Great Waves is legal but feels that the Board should have waited until it looked as if the judiciary system would be in favor of Great Waves. Mr. Hammond also stated it may help to instruct staff involved that the discussions are exploratory. 3. Zoning Board of Appeals Interviews One Vacancy: 2001 — Three Applicants Olivier Kozlowski, 22 Tracy Circle (Presently an Associate Member with a Term Expiration Date of January 1, 2002); Elisabeth Garber- Miller, 11 Riverwood Drive; and Peter DeTrolio, Jr., 496 Elm Street (arrived late) Selectmen asked each of the applicants questions such as why they are interested in serving on the Board, what factors would be used when making decisions on applications, the most important role of the Zoning Board, how they would like to see the Town grow, if they would be able to separate their personal opinions from their position on the Zoning Board, and willingness to serve as an associate member. 4. Discussion with Erna Marquis Re: Request for a Waiver of the Water Ban Restrictions Town Manager D'Agostino reported that staff has evaluated the water levels and over the last twelve days the Town's daily demand has decreased. The DPW Director is recommending elimination of the water restrictions effective this date. Motion: To eliminate the water restrictions. (Amoroso- Robinson) All in favor. Passes. Five Minute Break 5. Discussion with Mansfield Youth Soccer President, Bruce Freal Town Counsel, Robert Mangiaratti, was also present for this discussion. Attorney Mangiaratti explained that Mansfield Youth Soccer would like to make a significant contribution to the Plymouth Street fields project to assist in its completion, $50,000 to $100,000, and enter into a license agreement to use the fields over the next ten years. Town Counsel outlined the steps that must be taken to accept the donation and enter into a license with the organization, as stated in his letter dated August 30, 1999, to Attorney Audrey Kachour, Office of the Inspector Genera. Town Manager D'Agostino reviewed the history of the fields and stated that they have primarily been used by youth soccer. Because the proposed lease would extend beyond five years, a Town Meeting vote would be required to approve it. Motion: To sponsor an article at Town Meeting to enter into an agreement with Mansfield Youth Soccer and to appropriate 50% or the cost to complete the fields (this phase only). (Wills - Amoroso) All in favor. Passes. 6. Town Manager Report • Mr. D'Agostino would like to establish a workshop session with the Selectmen to discuss the issue of water capital charges with the staff, sometime in early October on an off - meeting night. • The Route 106 detour will be shortened Thursday for a period of time. • The survey of the Town's fleet has not been completed, but it will be completed for discussion at next week's meeting. • Water Operations Manger interviews have been completed. References and backgrounds are being investigated, and hopefully, an announcement will be made soon. • The first round of interviews for the MIS Director have been completed, and the second and third rounds will begin shortly. • Mr. D'Agostino will be providing the Selectmen with a summary of water capital charges. • Superintendent Moretti would like to invite the Selectmen to a joint meeting with the School Committee to discuss plans to construct the multi - purpose stadium on school grounds on October 19, the time has yet to be determined. When he was asked if the meeting could be postponed until after Town Meeting, Mr. D'Agostino responded that an article would need to be placed on the warrant for the stadium design. Selectman Amoruso asked if Board members would receive all pertinent materials in advance of the meeting and that he would like to if he is going to be expected to vote on it that evening. • Mr. D'Agostino received notification this date that St. Mary's Church will be demolishing the two - family house next to the Church, which was the subject of a possible grant application to provide affordable housing in town. • The DPW Director did issue a curb cut permit for the Church Street sidewalk in front of the former St. Mary's Church. A bond was submitted for the project. The owner of the building hired a private contractor to do the work. Selectman Robinson asked if Mr. Rys' car was cleaned by the contractor. Chairwoman Royle asked if the Town has restrictions for cutting into new sidewalks similar to new streets. • The auditors will be presenting their report at next week's Selectmen's meeting at 8:10 PM. • A workshop has been scheduled with the Selectmen, VHB, and Gatra tomorrow, October 1, 1999. • A workshop with Woodard & Curran has been scheduled for October 5, 1999. • Mr. D'Agostino granted permission for the use of the Town land at the corner of Hope Street and Church Street as a drop off location for the upcoming DARE program at Memorial Park. 7. Selectmen Old Business • Clerk Wills asked if Town Counsel reviewed a letter from Police Chief O'Neill concerning counting cars within the open air parking facilities. Motion: To reconsider the Board's previous vote to authorize the Town Manager, ( Staff, and Town Counsel to open discussions with the representatives of Great Waves to explore what possibilities there may be for the mutual benefit of the Town and Great Waves. (Wills - McCarter) (2 -2 -1) Clerk Wills and Selectman McCarter in favor; Chairwoman Royle and Selectman Amoruso opposed; Selectman Robinson abstained. Fails. Mr. D'Agostino provided an update on funds appropriated at the Special Town Meeting for the Great Waves appeal and recommended the Selectmen take a leadership role and decide which opinion they are going to follow, Special Torvn Counsel's or Toivn Counsel's. • Selectman Robinson is still waiting for an estimate of the amount of water used by J. Cougler as part of the Canoe River Water and Sewer project. • Selectman Robinson is not happy with the truck detour for the Route 106 project. Trucks that exceed the weight limits are travelling over the Mill Street bridge. Tractor - trailer trucks pulled several telephone drops away from their poles on Monday. Selectman Robinson suggested all residents who receive a bill to repair the drops should bring it into the Town Hall and the Town should seek payment from the Contractor or his bond. • Selectman Robinson asked the Town Manager to speak to the Police Chief about large trucks using Mill Street and stated when the Canoe River Sewer project has been completed, he would like Mass Highway to inspect the bridge. • Chairwoman Royle inquired about the status of repairs being made to the Oakland Street/Maple Street rail crossing. Selectman Amoruso suggested the Town Manager contact the abutting property owners to inform them of the status and allow one last opportunity for them to participate in making the repairs privately. • Clerk Wills suggested the Town remind all businesses whose trucks normally use Route 106 of the detour. Motion: To send a letter to Senator Sprague thanking her for her assistance helping the Town deal with the issues as they relate to Great Waves. (McCarter - Wills) All in favor. Passes. 8. New Business • Selectman Robinson stopped at the Plymouth Street fire station Monday to take a look at the new Emergency 1 fire truck that Greenwood brought to the station. • Selectman Robinson received a couple of calls concerning speeding on Eastman Street. 9. Adjournment —11:05 PM Motion: To adjourn. (Wills - McCarter) All in favor. Passes. ( 'e , "�/ C ✓ /� 0 / Clerk's Signatu e Date of Appu oval