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HomeMy WebLinkAboutBOS MINUTES 10-30-1985BOARD OF SELECTMEN MINUTES OF MEETING j OCTOBER 30, 1985 PRESENT: Chairman D'Onofrio; Selectmen Dunn, McNair, Levine; Town Manager; Selectman Mahana arrived at 8:30 P.M. 1. The meeting was called to order at 7:35 P.M. and the Flag saluted. 2. Minutes of October 23, 1985 * MOTION: To approve the Minutes of October 23, 1985. Dunn /McNair Chairman D'Onofrio wanted a couple of words added in the first paragraph of Item 8 (Page 5) and one word added in the Motion on Page 7. Motion approved as amended: VOTED: 4 -0 3. Warrant #19 * MOTION: To approve Warrant #19 in the amount of $1,140,570.87, dated October 23, 1985, broken down as follows: General Fund - $741,411.75 Revenue Sharing - 205,876.40 School Lunch - 18,163.76 Special Revenue - 13,290:48 Motor Pool - 95.73 Sevier Enterprise - 98,104.32 Water Enterprise - 11,609.19 Electric Enterprise - 52,019.24 McNair /Dunn VOTED: 3 -0 Levine abstained 4. Licenses & Permits a) Application for Sunday Entertainment License renewal for a juke box for Geno's Restaurant and Lounge. * MOTION: To approve the Sunday Juke Box Renewal License. Levine /Dunn VOTED: 3 -0 McNair abstained b) Sewer Connection Permit Application for Datel Systems, Inc., CC &F Park. - The Town Manager explained that this application is for an increase in flow. Datel intends to install a de- ionizing system. It is to have special conditions attached to it, allowing the Town to take samples for testing, as well as the DEQE, which also requires a per- mit. The Town Manager said he now feels it is acceptable. * MOTION: To approve the Sewer Connection Permit for Datel Systems. McNair /Dunn VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING ( OCTOBER 30, 1985 PAGE 2 5. Correspondence a) Notice of Public Hearing by DPU re: Boston CGSA, Inc. Cellular Radio Telecommunications Service within the Springfield Area. b) Letter from Mass. DPW re: Speed limit on Maple Street. c) Notice of Fall meeting of the Bristol County Selectmen's Association, Wednesday, November 6th. d) Letter from DEQE re: Reimbursement by the Commonwealth for annual costs of chemicals used in the operation and maintenance of water pollution control facilities; the DPW does take advantage of this. e) Letter from Chairman of Planning Board re: Appointment of Al Boldri- ghini as Chairman of the Zoning Committee. f) Notice of cancellation of the Bristol County Advisory Board originally scheduled for Saturday, November 2nd. g) Letter from Lawrence J. Harrington re: Continued problems in the area of Co -op parking lot and Fulton Pond; they have been advised that this will be reviewed at the November 6th regular meeting. h) Bulletin from Mass. Dept. of Revenue, Division of Local Services. i) Letter to Board of Selectmen from Elisa M. Goyette re: Fire Department service and present dispute; she requests that this be read aloud. j) Memorandum from Chairperson, Mary Ellen Smith, State Board of Education, re: Management Study Preliminary Recommendations. Q Letter from Army Corps of Engineers re: Progress inspection of the WWTP on November 7th. 1) Letter from District Director, U.S. House of Representatives, re: Fed- eral Disaster Assistance. m) Memo from Police Chief re: Radar Citations and Disturbances Related to Licensed Liquor Establishments. n) Letter from Joseph Zeneski, former DPW Director, re: Article 6 of the Special Town Meeting (funds for DPW Director /Engineer positions). o) Blue Cross /Blue Shield "Special Legislative Alert "; Joan Cutillo feels this warrants contact with legislators, as suggested 3rd paragraph from bottom. BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 30, 1985 PAGE 3 P) Letter to the Board from Chairman of the Planning over roadway cut for Westview Woods Subdivision:. - The Chairman said Town Counsel is to meet with discuss the issue. It is a matter of a verbal ten report. The Planning Board feels a 4' cut by all parties. If it is necessary to go back they will do. Board re: Controversy the Planning Board to agreement vs-one writ - is what was agreed to to court, that is what MOTION: That we so support the Planning Board for the 4' cut. Levine /McNair VOTED: 4 -0 q) Copy of letter to Town Manager from Town Counsel re: Turning over, to the Town, monies being held for Cabot Pond Restoration project. - The Chairman said he would support the Planning Board to complete the project as planned by the developer, without any expenditure by the Town. Public Hearing /Bristol Management License Transfer The Clerk read the Notice of Public Hearing; the Chairman then asked if any Board members had questions; there were none. Stephen Payne and David DiMarzio, owners of Bristol Management, Inc. were present, with their at- torney, Henry Frenette. Mr. Frenette gave the Chairman an affidavit stat- ing that all abutters had been properly notified, along with the Return Receipts. Mr. Broom, of Catalano's, the owner of the license which is being transferred, was present and affirmed that the transfer was his wish. Selectman Dunn asked what the hours would be; Mr. Payne said 10 A.M. to 10 P.M., although they are considering 9 A.M. to 11 P.M. Saturdays. Peggy Cooke, of Cooke's Family Food Market, a neighbor to Bristol Pharmacy, said she wished to speak in favor of the license transfer; John Brunelli also spoke in favor. * MOTION: That the Board of Selectmen grant Liquor License from Catalano's of agement, Inc., 660 East Street, in Beer and Wine License. McNair /Dunn VOTED: 4 -0 7. Richard Towne the transfer of an All Alcoholic Mansfield, Inc. to Bristol Man - exchange for the presently held Richard Towne said he was a Firefighter and member of Local 1820, as well as a resident, taxpayer and voter in the Town of Mansfield. He said he came before the Board to correct a fountain of misinformation and facts connected With two Articles for the Special Town Meeting November 16th. He Went on to say that since March 1985 Local 1820 has been involved with con- tract negotiations and, after meeting with the new Town Manager, it was de- termined they had reached impasse. He stated that shortly after that the BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 30, 1985 PAGE 4 Tosco Manager called Jim McLaughlin to suggest another meeting to try to work things out, which they did. He said they left that meeting feeling they had a verbal agreement with the Town; this was October -10th. .Mr. Towne said that on October 16th the Town Manager told Jim McLaughlin there was no agreement because of the petition which had been received for the Special Town Meeting, and had been circulated and signed by 14 Firefighters. Richard Towne said at the October 16th Board of Selectmen meeting Article 3, which would have funded the verbal agreement the Firefighters thought they had with the Town, was withdrawn. He said the Board took the two Articles (3 and 14) into Executive Session, and he feels this cannot be justified by anyone. He believes there was prior dis- cussion of these articles; if there was no agreement, how would the Town arrive at figures for Article 3? He also refuted what Chairman D'Onofrio had said about added cost of $80,000 because of call -back every time men go out on the ambulance, claiming the men on the ambulance were still on duty, so there was no need for call- backs. tie ended by saying he believes that as a taxpayer and voter, all should be able to sign the petition. Chairman D'Onofrio answered Mr. Towne by stating they will not be discuss- ing the issue raised because of the following: "Today, after discussing the circumstances and conditions surrounding the Fire Department minimum manning article proposed for the Special Town Meet- ing on November 16th with Labor Counsel for the Town of Mansfield, the Town has filed an Unfair Labor Practice complaint with the State Labor Re- lations Commission. The Selectmen believe that the Firefighters Union has bargained in bad faith and has violated Mass. General Laws Chapter 150E. It is the Town's position that the subject of minimum manning is a permis- sive area of negotiations and that the negotiating team which represents the Firefighters, through their sponsorship and support of the proposed Article have violated Chapter 150E. It is further the Town's position that had we known about this proposal for minimum manning, this knowledge would have had a direct affect upon our neogtiations." 8. Informal Public Hearing /Water Rates The Clerk read the Notice of Hearing. The Chairman then asked the Town Manager to review the information contained in a Memorandum he had pre- pared, for Board members, on "Water & Sewer Credit & Collection Policies ". He said both Enterprise accounts have considerable accounts receivable bal- ances, and the Town does not appear to have a comprehensive credit and col- lection policy. This allows consumers to let bills go unpaid for as long as 18 months plus, before the Town can put a lien on the property; this is the same as an interest -free loan from the Town to the customer. He recommended the following measures to remedy this situation: a) Adoption of a comprehensive credit and collection policy, which would include: BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 30, 1985 PAGE 5 1) Arrangements for paying delinquent bills 2) Procedure for handling bad checks 3) Procedure for discontinuing service 4) Hardship, medical or other health exemptions, or special payment plans b) Increase water and sewer rates by approximately 10 %, coupled with of- fering of a 10% discount to customers who pay on time. Included in the Town Manager's Memorandum was copy of a letter from Town Counsel indicating Selectmen acting as Water Commissioners have exclusive charge and control of the water system and rates, subject to such by -laws as the Town may impose by its vote. The Chairman asked if there was anyone in the audience who would like to say anything; there wasn't. The Chairman then gave a brief response to an editorial in a recent issue of the Sun Chronicle (Alan Johnson was pre- sent). He then asked the Town Accountant and Town Treasurer, who were present, if they wanted to say anything. Joan Cutillo (Treas.) said some- thing does need to be done immediately; these are Enterprise Accounts and are supposed to be self- sustaining. She feels the proposals advanced by the Town Manager are both equitable and fiscally appropriate. The Town Manager added, he feels the computer system is an old system and is cost- ing alot to maintain, and suggests a new computer, or possibly tieing in with the Electric Department system. Chairman D'Onofrio supports time- sharing with the Electric Department's new system. John Larch, Director of the Electric Department was also present and said their payments are much better; they have a strict program, with follow -up. The Chairman said there is a compression point for ability to pay, with taxes, water and sewer rates increasing, so he feels options for ability to pay must be manifested. It was felt more time was needed to cover this issue in further depth. * MOTION: To recess the hearing until next week. McNair /Levine VOTED: 5 -0 9. The Chairman recognized Mr. Barber, owner of George's Cleaners at the cor- ner of West Street and North Main. Mr. Barber said he had only learned of the No Parking hearing when he read about it in the Sun Chronicle fol- lowing last week's hearing. He said he has five tenants in that building and if parking on the street is not allowed, it will congest his parking lot considerably, as well as make entering and exiting from the lot im- possible with two lanes of traffic at the light. Some discussion followed, with the Board understanding what Mr. Barber was saying. Selectman Dunn said his concern was there was not enough parking space, but there is a concern for cars sneaking around left turners. Selectman Levine suggested diagonal lines indicating only one lane allowed. MOTION: To table for now. Dunn /Levine VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 30, 1985 PAGE 6 10. New Business a) The Town Manager reported that an administrative policy has been de- veloped for septage haulers, and will become effective November 13th. The policy will require prepayment at the Treasurer's office. He rec- ommends instituting such a policy. MOTION: So moved. McNair /Dunn The Chairman suggested a "friendly ammendment ", to add "Accept septage from those contained within the regional district. VOTED: 5 -0 b) Selectman Levine voiced her feeling that the new Town Manager should be given some direction regarding the budget, then listed some of the larger needs which need to be considered in projections. The Chairman suggested a workshop and looking at main line items, total needs of the town, not just a "wish list "; consideration of adopting a master plan for resource allocation. The Town Manager said he would like to see priorities. Also, that department head's budgets are due November lst. He would like to have some time to look at them first. It was decided to have a Budget Workshop for the November 20th meeting. c) MOTION: To hold the weekly meeting Thanksgiving week on Tuesday, November 26th, instead of the 27th. McNair /Dunn VOTED: 5 -0 MOTION: To go into Executive Session for the purpose of discussing con- tract negotiations and litigation. Dunn /McNair POLLED: 4 -1 Levine opposed 11. Special Town Meeting MOTION: That we open a Special Town Meeting within the Special Town Meet- ing of November 16, 1985. Mahana /Levine This Special would be to place an article for an appropriation of funds to cover costs of negotiated pay raises for the Depart- ment of Public Works should an agreement come to fruition before the Special Town Meeting, November 16th. VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING 1 OCTOBER 30, 1985 PAGE 7 * MOTION: To insert an article that would fund any negotiated contract be- tween the Town and the Fire Department. Levine /Dunn FAILED: 2 -3 D'Onofrio, McNair, Mahana opposed * MOTION: To close the Special within the Special Town Meeting. Mahana /McNair VOTED: 5 -0 The Clerk read the Warrant for the Special Town Meeting. * MOTION: To accept the Warrant and the Articles, and sign it. Levine /Dunn VOTED: 5 -0 The Clerk read the Warrant for the Special within the Special Town Meeting, and it was then stated that there will be one article having to do with a potential settlement of a contract with the Department of Public Works, which the Tom Manager will word. * MOTION: To accept the Special within the Special, with one article. Mahana /McNair VOTED: 5 -0 12. Old Business a) Selectman Dunn said sometime ago he was going to spend time with the DPW Director discussing proposed through traffic routes; however, the Director resigned before it was accomplished. Selectman Dunn said he hopes to bring something to the Board next week, but it will undoubt- edly require meeting the new State DPW specifications. b) Selectman Levine expressed concern over the new concrete jut -outs on Old Colony Way which, she feels, are dangerous. She suggested reflect- ing paint, or perhaps tape as a temporary measure. The Town Manager said he is aware of the situation, and it is being studied. c) Chairman D'Onofrio brought up the subject of alcoholic license fees. Selectman Mahana felt it was something which could be a subject for a study in the coming year. Consensus of the Board was to hold the fees at their present level for the coming year. 13. Adjournment The meeting adjourned at 10:50 P.M. VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING OCTOBER 30, 1985 PAGE 8 MINUTES APPROVED: C/1 erk Date signed