HomeMy WebLinkAboutBOS MINUTES 9-8-19990
Board of Selectmen
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September 8,19993
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Present: Chairwoman Royle, Clerk Wills, Selectmen Amoroso and
John D'Agostino, Town Manager
1. The meeting was called to order at 7:30 PM followed by the pledge of
allegiance.
A. Weekly Business: Licenses and Permits
• "Notice of Intent" to apply for Housing Development Support Program Funds to
relocate and renovate an existing two- family structure presently next to St. Mary's
Church.
Mr. D'Agostino explained that the Town does not plan on carrying out the project unless
awarded the grant. Criteria, which the Selectmen could assist in establishing, would be
used to determine who would be eligible to purchase or lease the home.
Members of the Board asked if this type of project could be done with town -owned land,
and Mr. D'Agostino responded that he would seek a legal opinion from Town Counsel
for next week's meeting. Selectman Amoruso stated that he has no problem with the
proposal but that he would like to know more details, he has no problem moving forward
with the grant application knowing that the Town does not have to accept the money.
Clerk Wills inquired of the neighborhood's opinion of the project, and Chairwoman
Royle and Selectman Robinson agreed that that would be an important factor.
Motion: To authorize the Chairwoman to sign the Notice of Intent with the
understanding that there are further steps to be taken.
( Amoruso- McCarter) (3 -1)
• Drainlayers License Application of E. A. Salvo and positive recommendation from
the Town Engineer
Motion: To approve.
(Amoroso- Wills) All in favor. Passes.
• Memorandum from Traffic Safety Officer Lance Lawson stating he has no problem
with a resident's request for two "Blind Driveway" signs on each curve near 889
Maple Street
Motion: To authorize the signs at 889 Maple Street.
(Amoroso- Wills) All in favor. Passes.
• Request from the Mansfield Lodge of Elks for an extension of their Club License
from 12 Midnight to 1 A on September 10, 1999
Motion: To approve subject to a positive review from the Police Department.
(Wills- Ainotuso) All in favor. Passes.
B. Minutes
• August 11, 1999
Motion: To approve.
(Amoroso - McCarter) All in favor. Passes.
• Request from Suzi Hansen, Regent, Daughters of the American Revolution,
Mansfield Chapter, that the Selectmen proclaim the week of September 17 -23 as
Constitution Week (Proclamation attached for your signatures)
Motion: To sign the proclamation.
(McCarter - Amoruso) Passes.
2. 8:00 PM Questions and Comments
Kevin McNatt, Rumford 4venue, Historical Society, invited the Selectmen, Town
Officials, and residents to the Founders' Day Celebration on September 18.
Bill Gerber, 362 Central Street, inquired of the Tweeter Center's zoning compliance
issue noting that the deadline for resolution is September 15. Chairivoman Royle
responded that Totvn Counsel would be reporting on the issue at next week's meeting.
3. Weekly Business Continued
A. Licenses and Permits
• Request from United Nations of Greater Boston to Proclaim October 24, 1999, United
Nations Day
Motion: To support the resolution naming October 24 United Nations Day.
( Amoruso- McCarter) All in favor. Passes.
B. Correspondence
September 1, 1999 Correspondence
Action:
State and Local Government
Letter from Chester R. Martin, Taunton City Clerk, stating at a regular meeting of the
Municipal Council on August 10 it was voted to request Mansfield work with area
communities to supply non - resident parking at the Mansfield train station
Motion: To send a letter to Mr. Martin acknowledging his letter and thanking the
Councilors for their concerns.
( Amoruso- McCarter) All in favor. Passes.
Other
Resident
Letter from Kato Clemmey regarding creating a positive business environment
Town Manager and Staff
Memorandum from Bea Kearney, Town Accountant, designating Kimberly Stoyle Acting
Town Accountant, from August 30 to September 10, while she is on vacation
Miscellaneous
Letter from MediaOne regarding Time Warner/MediaOne — Assignment of Mansfield
Cable Television License Franchise Performance Bond & Certificate of Insurance
Letter fi•om MediaOne in response to a recent article in the Entemrise regarding
MediaOne's efforts to fight cable theft
September 8, 1999 Correspondence
Action:
Resident
Letter from George Dentino, 2 Gladiola Terrace, requesting the Selectmen seek an
interpretation regarding the legality of the 1992 Zoning Board of Appeals decision to
allow a variance to Great Woods, which, he believes, in effect, overturned a previous
Superior Court decision rendered in 1987. Mr. Dentino also requests the Selectmen
consider contacting the appropriate boards to reconsider the 1992 ZBA decision and
require the Tweeter Center owners to comply with the Zoning By -Law. This letter has
been forwarded to Town Counsel for review.
4. 8:10 PM Cable License Transfer from MediaOne to AT & T
John Maher, Director, Governmental and Legislative Affairs, Southeastern Massachusetts
Division, MediaOne; Frank Foss, Manager of Governmental Affairs, MediaOne; and
Mansfield's Special Counsel, William August, were present for this public hearing.
Chairwoman Royle opened the public hearing at 8:10 PM, and Clerk Wills read the
public hearing notice aloud, and noted the following correspondence in the application
file: Letter from Horton & August to Frank Foss, dated September 2, 1999; Letter from
Horton & August to MediaOne, dated August 17, 1999; Letter from AT &T to Horton &
August, dated August 24, 1999.
Attorney August explained that under State Law, the Selectmen, as the local licensing
authority, have the authority to hold a public hearing on the transfer application and
approve or deny it. Mr. August continued, naming each of the Exhibits:
• Letter from AT &T, dated August 24, 1999, provides a written affirmation of what
transpired and what represented MediaOne during the recent transfer hearings from
Time Warner Cable to MediaOne — Exhibit 1
• August 17, 1999, letter from Horton & August to MediaOne —Exhibit 2
• August 24, 1999, letter from AT &T to Horton & August —Exhibit 3
• September 2, 1999, from Horton & August to Frank Foss -Exhibit 4
• Application FCC Form 394 —Exhibit 5
John Maher named the publication and cablecasting affidavit Exhibit 6.
John Maher presented an overview of AT &T and plans for the cable system.
Mr. Foss Addressed questions in a September 2, 1999, letter from Mr. August:
1. School Wiring — All classrooms have been wired in the Qualter's Middle School,
Robinson School, and High School Wing and drops installed in the Robinson and
Qualter's, but are not yet activated. One pole extension will be required for the
Qualter's School, which will be done shortly. The High School is at the wiring
stage with the wing now closed in. The Robinson School could be activated
within a couple of weeks.
2. Access Fee Calculation — Yes, it is correct that Mansfield will have the same
treatment with respect to cable modem internet revenues as described by AT & T
at the regional transfer hearings.
3. Upgrade Timetable, Plans, & New Services — No commitment or time frame was
mentioned in the record of the previous transfer hearing from Time Warner Cable
to MediaOne. Mr. Foss stated he foresees the high speed data service being
deployed about three to six months after digital telephone service.
Members of the Board asked questions concerning the following: license expiration,
affect of reducing the term of the license because of the number of transfers, (Attorney
August noted at this time the cable license is not exclusive), responses of other
communities acting on the transfer application, whether or not all of MediaOne's
Massachusetts' territory is being acquired, whether or not the upgrade will result in
additional equipment for subscribers to purchase, giving consideration to providing basic
cable free of charge, and giving consideration to providing the "roadrunner" service to
government, schools, and the library at no fee, or at a minimal fee. Frank Foss responded
that as part of Time Warner's social contract each school and library within a school
hill receive one free port of roadrunner service. As part of grant program, all public
libraries will receive one free port for roadrunner service. Mr. Foss will contact both
Superintendent Moretti and Town Manager D'Agostino concerning the connections.
Board members continued asking questions regarding the following: commitment to the
local access facility change (Mr. Maher responded that he is committed to all present
programs in place); where the homebase for services will be and where subscribers will
call for service, upgrade plans, immediate plans for changes in tiers or remaining status
quo, acceptance of Time Warner gift certificates, and plans to install cable lines in the
industrial park for high speed data (Mr. Maher responded that MediaOne's commitment
lies with the residential market and that no plans for small business exist presently.).
Attorney August asked Mr. Maher is he was aware of any license non - compliance that
had been raised, to which Mr. Maher responded negatively. Also, in response to an
inquiry of Attorney August, Mr. Maher stated he would provide additional information
concerning the grant program referenced earlier.
Additional questions asked by the Selectmen were concerning allowing payment of the
cable bill at the same location that telephone bills are paid and providing free access
channels to Mansfield customers.
Public Questions and Comments:
Dave Hanmiond, Branch Street, asked how the size of MediaOne and AT &T compare.
Mr. Hammond also stated that it has been his experience that with each transfer service
has declined, as has the quality of the video, audio, and equipment reliability. Lastly, Mr.
Hammond stated a large company should not exercise control over the programming
content but that control of the content should be local and requested that Mansfield have
input on programming and internet access providers.
Bill Gerber, 362 Central Street, stated his parents, who live at the Village at Willow
Crossing, do not receive very good reception with their cable and that he feels noise
quality and the price will have to be looked at to win subscribers back.
At 9:30 PM, Chairwoman Royle closed the public hearing. Attorney August stated that
he would feel comfortable approving the application at this time.
Motion: To approve the transfer of the license from MediaOne of Ohio, Inc. to
AT &T Corp.
(Amoruso- Wills) All in favor. Passes.
Five Minute Break
4. Town Manager Report
A. Old Colony Trail
Town Manager D'Agostino responded to an article in the September 3, 1999, edition of
the Attleboro Sun Chronicle concerning a recent vote of the Norton Board of Selectmen
not to support the Old Colony Multi- Purpose Trail, while referencing his memorandum to
the Selectmen dated September 7, 1999. Mr. D'Agostino recommended the Selectmen
send a letter to the Norton Officials requesting a meeting or clarification of their position
on the trail. Chairwoman Royle stated she spoke with Selectman Kimbell on September
4, who stated Town Manager McCabe recommended on August 26 that the Selectmen
vote to withdraw their support for the project at their meeting of September 2, 1999.
Discussion among the Selectmen and Town Manager followed concerning the article,
Norton's lack of support for the project, the history of the project, the affect Norton's
vote will have on future community dealings, and requesting a joint meeting.
Motion: That we request the Town Manager contact his counterpart in Norton and
see if he can arrange a meeting or a committee or subcommittee to discuss
further advancement of the rails to trails project.
(Amoroso- Robinson) (3 -2) Clerk Wills and Selectman McCarter opposed.
Passes.
B. Walsh Wellfield
Town Manager D'Agostino provided an update on the leaks in the second half of the
Walsh Wellfield, Mr. D'Agostino stated because of weight limitations on the bridge over
the river crossing, a couple options exist to access the site to make repairs. 1. Right -of-
way access exists through a Patridge Lane property, but the homeowner landscaped
within the right -of -way. 2. The bridge could be reconstructed to accept heavy equipment.
An abutter to the project, Richard Morse, will not allow access to the wellfield through
his property because he feels the Town already has access through the Patridge Lane
property.
Because of the recent rainfall, the water level at the wellfield increased. The Town's
strategy will be to pump down as much as possible. DPW Director Azinheira stated
because of the increased water levels, the Town can pump out of both sides of the well,
and that he is planning on making repairs next July, when water levels are lower.
Selectman Amoroso questioned if the present construction of the bridge is a result of
certain requirements placed on the project, possibly by Conservation. Clerk Wills
questioned who planted the bushes within the right -of -way and asked why a town
backhoe could not get into the field, dig up the pipes, and check for leaks.
At the request of the Selectmen, DPW Director Azinheira will provide a recommendation
on lifting the easing the water ban at next week's meeting.
C. Morrison Well No. 10
Town Manager D'Agostino provided an update on the Morrison Well No. 10 Interbasin
Transfer application. Messrs. D'Agostino and Azinheira met with Woodard & Curran
this date and requested a better breakdown of funds spent to date and a breakdown of the
additional $45,000 requested. Mr. D'Agostino recommended the Selectmen schedule a
workshop with Woodard & Curran so the may explain the cost factors associated with the
interbasin transfer application, an itemization of the project, and what needs to be done
and why. A consensus of the Board was in favor of scheduling a workshop.
D. Route 106 Project
Town Manager D'Agostino provided an update on the Route 106 Canoe River Water &
Sewer project. The Police and School Departments and the school bus company attended
a meeting concerning the project on September 7. A follow up meeting will be held
Thursday with all involved to look at alternatives. Mr. D'Agostino will continue to work
with the Police Department and School Department to coordinate traffic. More ledge
than expected was encountered last week.
Chairwoman Royle suggest reversing the Selecbnen's agenda next week and placing
Selectmen Old and New Business and Torvn Manager Report at the beginning and
Weekly Business at the end.
E. MISPositions
Jack Beliveau, Light Department Director, was present for this discussion, as was the
Assistant Director of Personnel Services, Jerry Scherma.
Mr. D'Agostino stated he feels both positions, Electric and Municipal are support
positions that may evolve into departmental positions. Mr. Beliveau explained that he
feels the two positions would be too much for one person and that a full -time position
needed in his department on a daily basis.
Members of the Board of Selectmen commented on and asked questions concerning the
following: future provision of telephone, cable access, and internet access by the Light
Department, appearance of a duplication of services, duties, and responsibilities, and
hiring one person to work for both municipal and electric.
Chairwoman Royle stated that she supports both positions, that she was shocked to see an
advertisement for the Electric Department's MIS Officer four months prior to the
employee leaving, and that positions should require degrees.
Mr. D'Agostino responded that ultimately he would structure what needs to be structured
from a managerial position.
F. Electric Bill Assistance
As a follow -up to a discussion during last week's Light Commissioners' meeting, Mr.
D'Agostino reported that there is a way in which the Light Department can provide a
donation to social services for individuals in need of assistance with their electric bills.
Mr. Beliveau stated that the written legal opinion is forthcoming and that to the extent
that the money is spent from surplus, the Light Commissioners can do what they deem
appropriate. Funds cannot be spend from the Depreciation Fund. If the donation is
charged as an expense that ratepayers pay for, an expense ratepayers benefit from would
have to be reflected.
5. Adjournment —11:15 PM
Motion: To adjourn.
(Robinson - Wills) All in favor. Passes
wk's Signa ire Date fApproval