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HomeMy WebLinkAboutBOS MINUTES 1-16-1985l J BOARD OF SELECTMEN MINUTES OF MEETING JANUARY 16, 1985 PRESENT: Chairman.Wills; Selectmen Levine, Dunn, D'Onofrio, McNair; Town Manager 1. The Meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of January 9, 1985 MOTION: To approve the Minutes of January 9, 1985. McNair /Dunn UVLII �_ II CLF; Selectman McNair expressed concern for the phrase "by the consul- tant" in the paragraph under Item 6.h). There was some discus- sion. It was the consensus of the Board to strike the phrase "by the consultant" and to attach a copy of the referenced Memo to the Minutes. VOTED as amended: 4 -0 Wills abstained 3. Warrant #30 MOTION: To approve Warrant #30 in the amount of $772,487.04, dated Janu- ary 16, 1985, broken down as follows: General Fund - Revenue Sharing - Special Revenue - Motor Pool - Sewer Enterprise - Water Enterprise - Electric Enterprise $212,562.23 12,505.00 3,085.41 29.16 85,963.14 5,221.40 453,120.70 McNair/ Dunn VOTED: 4 -0 Levine abstained MOTION: To approve a Special Warrant for Doreen Tight, which was left off last week's School payroll, in the amount of $563.50. McNair /D'Onofrio 4. Licenses and Permits VOTED: 4 -0 Levine abstained a) Application for a Common Victualler License; Peralex Restaurant, Inc., d /b /a BROTHER'S RESTAURANT, 14 S. Main Street. MOTION: To approve the Common Victualler License Levine /McNair VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING JANUARY 16, 1985 PAGE 2 5. Juror Selection a) New Bedford Superior Court, Criminal Session, February 4, 1985 - Sally A. Nelson, 68 Spring Street - Paulette M. Weir, 12 First Street - Thomas E. Finn, 111 Park Street - Stephen J. Barbarisi, 680 Ware Street b) Fall River Superior Court, Civil Session, February 4, 1985 - James A. Douglas, 24 Leonard Street - Michael C. Rose, 3 Summer Street c) Fall River District Court, Criminal Session, 6 -man jury, February 4, 1985 - James Mcauley, 147 S. Main Street, Apt. 1 Public Hearing, SHERMAN CENTRAL LIQUORS /MANSFIELD CENTRAL LIQUORS The Clerk read the Notice of Public Hearing and the Police Chief's request for a hearing on Liquor LIcense Violation of a minor being sold an alco- holic beverage on December 11, 1984; the Clerk also noted that the parents of the youths involved had all been sent notice of the hearing to be held. The Police Chief was present and asked to confirm the facts as presented, which he did; hi:s recommendation was for a one -day suspension. The Chief also advised the Board that he was sure there was no malicious intent, it was an oversight. He also noted that the youths involved were not caught on the premises; rather that the information came from Mr. Oboy of'Bishop Sheehan High School. Parents of two of the boys involved were present and expressed anger that this happened, saying that if an I.D. had been asked for none of this would have happened. One mother said none of the boys looked anywhere near 20 years of age (they were all 16). The clerk from Mansfield Central Liquors was present and offered a lame excuse as to why she had not asked for an I.D., and also said she was not even sure she had sold to the youth. She offered the possibility that it was a "set -up ". Mr. Sherman was asked what his policy is concerning sales; he said anyone who appears to be under 30 is to be carded; he has, now, two signs on the door. Selectman Levine restated her views, as expressed at two previous hearings for similar violations; i.e., that the offenders knew they were doing wrong and they should also be punished; that Mr. Sherman holds a license which is a privilege. She also applauded the parents for being concerned. Select- man Dunn said the issue is the responsibility that goes with dispensing liquor. Chairman Wills said the weight of the evidence is overwhelming be- cause no I.D. was asked for. MOTION: One day suspension of the liquor license, February 4, 1985. Dunn /no second BOARD OF SELECTMEN MINUTES OF MEETING JANUARY 16, 1985 PAGE 3 * MOTION: To send a letter of reprimand to Mansfield Central Liquors with the stipulation that if there are any further violations it will be a 3 -day suspension. McNair /D'Onofrio At this point Selectman Dunn expressed concern for the reputation Mansfield is getting about sales to minors and feels the Board should take a strong stand. VOTED: 3 -2 Dunn & Wills opposed Selectman D'Onofrio explained he voted for the reprimand because there was never a confrontation between the youth and the clerk at the store. 7. Christopher's Restaurant At the request of the Board of Selectmen Ted and Christos Kesaris were present, with their attorney, John P. Mulvee of Foxboro, to discuss recur- ring "disturbances" in their parking lot, as reported in the Police De- partment weekly reports. Ted Kesaris advised.the Board that they have a request to the Police Department for a Detail Officer every Friday and Sat- urday night, but they do not always get one; the nights when the officer is not there are when the disturbances occur. He said they do call for a cruiser to come for 5 or 10 minutes at 1:00 A.M. when they are closing. He also stated, when questioned about the change in type of music they now have, that they simply cannot survive with the original planned quiet, slow music. Attorney Mulvee suggested that with cooperation from the Mansfield Police every Friday and Saturday evening, there will be no problem. The Police Chief was present and said sometimes there is not an officer avail- able, but he would check into the situation. Selectman Levine said the Board of Selectmen can only tell you you must meet certain standards, it is up to you to meet them; if you can't get a Mansfield Detail Officer, then you should try elsewhere. The meeting closed with the understanding that the Kesaris brothers would sit down with the Police Chief to work out a solution, with the understanding that the Board has put them on notice of an existing problem. 8. Camp Dresser & McKee Charlie Loveridge, Bill Mackey and Jim Glendye were present. The Town Man- ager started the meeting by reviewing his Memo of the previous week cover- ing a start -up date for the new treatment plant and emphasizing that it will take fifteen days to shut down the old plant after the new one is started up. Charlie Loveridge then reported on his contact with the con- tractor, Hope Building Co., Inc., requesting a firm date for plant start- up. Hope Building Co. said it will not be available for full operation BOARD OF SELECTMEN MINUTES OF MEETING JANUARY 16, 1985 PAGE 4 until mid -May 1985. CDM, therefore, recommends that the start -up date be June 1, 1985; however, Hope Building will provide more information next week, and he advised that training of personnel at the new plant will have to be worked out after a date is set. The Town Manager said the delayed start -up date has been worked out with Envirotech, they will take over the old plant April 1st and there is, therefore, no need to hold up the date for the Special Town Meeting any longer. MOTION: That the contract operator begin April 1, 1985. D'Onofrio /McNair VOTED: 3 -2 Levine & Dunn opposed Bill Mackey then told the Board that when bids were submitted for the Spring Street /West Street Interceptor and a contractor selected. it was not known that there was an underdrain pipe running underneath the South Main Street and Spring Street sewers. The low bidder, when informed of this, has said there will be a $257,000 increase in his price. CDM is advising the Town to rebid the contract with the underdrain shown; they suggest asking the State for permission to advertise for a rebid. MOTION: So moved. Levine /Dunn VOTED: 5 -0 Charlie Loveridge then mentioned that there was no,vote_ taken on the Change Order he presented last week for an added fuse.disconnect in-the, elevator room, for_a.cost of- $451.83. MOTION: So moved. Levine /Dunn VOTED: 5 -0 9. Old Business /Town Manager a) The 1/16/85 Memo to the Board was reviewed, outlining basic issues dis- cussed with Envirotech during the past week. These covered CDM train- ing; representatives from Envirotech are meeting with Town personnel to discuss the transition; and a start -up date of April 1 (as discussed above). If Envirotech's contract is effective April 1, the first year will then be for 15 months and the proposed 2 -year contract would actu- ally run for 27 months. There was some discussion covering a 5 -year contract. No motion was made for same; the Chairman then stated it will thereby be a 2 -year contract which will actually be 27 months. b) The Town Manager then referred to the budget scheduling; it was decided that the Board will hold its first workshop on January 30th. The Chair - mand asked that each member review the budget ahead of that date and discuss any questions with the Town Manager prior to the workshop. 10. Old Business /Selectmen a) The Special Tosco Meeting date, suggested by the Town Manager, is Febru- BOARD OF SELECTMEN MINUTES OF MEETING ( JANUARY 16, 1985 PAGE 5 ary 4, 1985. * MOTION: To hold the Special Town Meeting Monday, February 4, 1985. McNair /Levine VOTED: 5 -0 The articles were then reviewed briefly; the Town Manager asking that Article 5 of the present list be inserted as Article 2, with the rest succeeding in the order as given. * MOTION: To open the Warrant to insert the Articles. Levine /D'Onofrio VOTED: 5 -0 Selectman Dunn noted he is opposed to Article 1. * MOTION: To close the Warrant. McNair /Levine VOTED: 5 -0 b) Last week's Motion to investigate facts concerning the purchase of 3 fire engines for the Town was brought up and read. The Chairman stat- ing that he feels it is too strong a statement, and questioning the inclusion of the U.S. Attorney. * MOTION: That we reconsider the action we took last week. Dunn /Levine Selectman Dunn said, after time to think about last week's motion and vote, he feels he voted on information put in front of him; he now feels lie would like to 'reconsider. Selectmen Levine said she voted for it last week because she felt if she didn't support it it could appear that she had a reason to not hold an investigation. She said she did not have time to think about it or ask questions; she now wants alot of clarifica- tion; she wants to know what we are going after. Selectman McNair said all the Motion indicates is that we want some answers. Selectman D'Onofrio then said he wants to ask Town Counsel, who was present, if this is an accurate way to pro- ceed. Town Counsel then advised the Board that he had not yet seen the Memo and Motion under discussion, but the only time it is appropriate to go to the Attorney General is if there is some allegation of criminal fraud. He was handed a copy of the Memo. It was suggested that Town Counsel be given some time to read the Memo. The Chairman asked for a vote on the motion on the table. VOTED: 3 -2 D'Onofrio and McNair opposed BOARD OF SELECTMEN MINUTES OF MEETING JANUARY 16, 1985 PAGE 6 MOTION: To table until next week. McNair /Dunn. Selectman McNair said he makes this motion in order to give Town Counsel time to study the situation. Chairman Wills said this is an issue that has damaged, by reckless disregard, persons reputations, and it should be settled. Selectman D'Onofrio asked Town Counsel if the Memo and /or Motion was damaging to anyone's reputation. The answer was no, and Selectman D'Onofrio asked that this be shown in the records. He went on to say he feels he is reflecting a community's at- titude. He also asked Town Counsel if it was appropriate for the Board to sit in open dialog. Town Counsel said no accu- sations have been made at this point and litigation is not being discussed; therefore, it cannot be discussed in Execu- tive Session. He also said impropriety in obtaining informa- tion could -be reason to go to the Attorney General. At this point Selectman Levine offered considerable informa- tion which, she said, she hoped were some of the answers Selectman D'Onofrio and McNair were looking for. This in- cluded phone calls to Mark France of Greenwood Motors: He did not sell the Mansfield trucks as "certified "; Mr. Magee in Panama City, who told her she was the first Board member to call, and he sold the vehicles as "used vehicles" and in Flor- ida only the pump has to be certified; the Vernon, FL Fire Chief, who said they do not have to have certified vehicles. Vote on Motion to table: 0 -5 MOTION: To rescind the Motion as published from Page 2 of the Janu- ary 9, 1985 Minutes. Levine /Dunn VOTED: 3 -2 D'Onofrio and McNair opposed Selectman D'Onofrio then asked Town Counsel what liability would he, as a fiduciary in this corporation, have if there was a problem and he did not ask the appropriate questions. The answer, "At this point, as of tonight, none Selectman Dunn said he thinks this whole thing has made us all a laughing stock. Town Counsel summed it up - there is no allegation of impropriety at this time, and there is no liability on the part of the Board. Chairman Wills then solicited a motion from anybody who would like to lay some facts on the table to make an appro- priate investigation. There being none, he asked those.present if they wished to speak (present were David'Dbmers, Demers Associates; Mark France, Greenwood Motors, with his attorney; Chief Ed Sliney). Mark France told the Board he knew of the meeting tonight having talked with Selectman D'Onofrio, who suggested that he call Chairman Wills and ask to be put on tonight's agenda. Selectman Levine asked him BOARD OF SELECTMEN MINUTES OF MEETING i JANUARY 16, 1985 PAGE 7 to substantiate her facts covering her conversation with him earlier in the week, which he did. Mr. France then went on to explain that he had not offered a trade -in allowance for the 3 vehicles from Mans- field; the bid on the fire apparatus was one net figure, and it should be considered as a trade -in of a used vehicle and a resale. He sold 5 vehicles to Panama City as a wholesaler. David Demers said he was present because he had read in the newspaper that the Town had been sold a bale of goods. At this point the Chairman closed the subject to get on with other important matters. Selectman D'Onofrio asked for a five minute recess in order to talk with Town Counsel in private, because he has more in- formation and is not sure it should be discussed in open session. The recess was granted. c) The Town Manager had distributed to each Board member a draft copy of Memorandum of Intent Between the Town of Mansfield and Town of Fox- boro; he reviewed this, with some discussion following. Under Term of Agreement it was felt that 0 & M costs should be reviewed, perhaps, annually, by both Boards, because of changes in the amount of Foxboro effluent being treated. Under Capital Investment Costs, the Board wants to have added, under (c) that all costs are based upon actual project bids. The consensus of the Board for Operation and Mainten- ance Costs (Item 4) was that the original proposed formulas, which had then been changed at Foxboro's request, should be reinstated. It is understood that this is the framework to work with when the Board meets with the Foxboro Board of Selectmen next week; the Town Manager will give a copy to Foxboro prior to the meeting, for them to review. * MOTION: To direct the Town Manager to take a copy of the Memorandum of Intent over to Foxboro, as amended tonight. D'Onofrio /Levine VOTED: 5 -0 11. Correspondence a) Letter from Army Corps of Engineers re: Inspection of the Wastewater Treatment Plant January 23rd. b) Letter from Arthur Remillard advising of his resignation from the Mans- field Housing Authority December 3, 1984. c) Letter from MMA re: Changes in the legislation; also notification of a reception for legislators on Tuesday, February 12th. d) Questionnaire from the Barnstable Committee for Progress. e) DPU notification of public hearing for New England Telephone Feb. 15th. BOARD OF SELECTMEN MINUTES OF MEETING JANUARY 16, 1985 PAGE 8 f) Memo from Board of Health re: Elections for Chairman, Edward Tartufo, and Edward Rosenberg, Clerk. g) Letter from Mansfield Housing Authority requesting the Board of Select - ment to formally endorse the Mansfield Housing Authority application for construction of the handicapped housing unit on a certain parcel of land on South Main Street. Jaonne Colella was present to answer any questions and pinpoint where the parcel is located. Selectman D'Onofrio said he would like to see support of the community and to garner that support there should be a public hearing. Chairman Wills suggested asking for community input at next week's meeting; the initial reaction of the Board is to accept, and Joanne Colella was asked to relay this to the State. h) Letter from Knights of Columbus requesting amendment to the Zoning By- laws to limit the sale and distribution of pornographic materials. i) Letter from Rep. Barney Frank requesting a meeting with the Board to discuss mutual interest. j) Memos from the Police Chief re: Radar violations and Disturbances re- lated to licensed liquor establishments. k) Copy of a letter from the Norton Fire Chief to the Town Manager re: Fire alarm system at the WWTP. 1) Copy of letter from the Council on Aging to Francis Gay, GATRA re: Mini -bus. 12. Adjournment * MOTION: To adjourn, at 12 Midnight. D'Onofrio /Levine VOTED: 5 -0 MINUTES APPROVED: