HomeMy WebLinkAboutBOS MINUTES 1-16-1985l
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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
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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: