HomeMy WebLinkAboutBOS MINUTES 11-6-1985BOARD OF SELECTMEN
MINUTES OF MEETING
NOVEMBER 6, 1985
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PRESENT: Chairman D'Onofrio; Selectmen Dunn and McNair; Town Manager
Selectman Levine arrived at 7:40 P.M.
1. The meeting was called to order at 7:30 P.M. and the Flag saluted.
2. Minutes of October 30, 1985
* MOTION: To approve the Minutes of October 30, 1985. McNair /Dunn
Both Selectman Dunn and Levine requested minor changes of word-
ing, which were accepted.
VOTED, as amended: 3 -0 (Selectman Levine made one later)
3. Warrant #20
* MOTION: To approve Warrant #20 in the amount of $307,605.55, dated
November 6, 1985, broken down as follows:
General Fund - $142,564.88
Revenue Sharing - 10,475.00
( School Lunch - 236.40
Special Revenue - 3,801.19
High School Roof - 47,908.07
Motor Pool - 143.60
Sewer Enterprise - 75,441.69
Water Enterprise - 3,156.72
Electric Enterprise - 23,878.00
McNair /Dunn VOTED: 3 -0
4. Senator David Locke
Senator Locke was making one of his periodic visits with the Board. He
advised Board members on a few matters the Senate has been working with
and discussed topics and questions Board members, and others, asked. He
said just two days ago the Senate passed a bill which will establish a
stabilization fund; however, he cautioned there is no guarantee that it is
going to be for local aid. Funding will come from surplus; he believes
surplus should be returned to the taxpayers and he questions whether a
State government has the right to accumulate a surplus.
Chairman D'Onofrio asked him if he had any indication overall as to com-
munity adoption of the hotel /motel tax. Senator Locke thinks it is too
early to know; he also thinks it may be a self- defeating tax.
Selectman Dunn asked about the MassBank; Senator Locke said there is no
commitment in support of it at the present time. Chairman D'Onofrio ques-
Il
BOARD OF SELECT14EN
MINUTES OF MEETING
NOVEMBER 6, 1985
PAGE 2
tioned him concerning the Professional Development Grants and no criteria
for bonuses; also will they require maintenance of effort; the Senator felt
probably so. The Senator said the basic issue to repeal the surtax was
passed by both the Senate and House, but in different forms.
Selectman Levine told the Senator she understood he had helped, through the
Attorney General's office, in securing information concerning the Mansfield
purchase of new fire trucks. She asked him if he had received results of
the inquiry and, also, wanted to thank him for his help. The Senator said
he had not received a report yet but that he would try to get one.
5. Recreation Commission Interviews
Robin Cushman and Linda Anteski were candidates for one vacancy on the
Recreation Commission; Richard Reardon wished also to be considered, but
had called to say he was not well enough to come out tonight. The Board
members asked both Robin and Linda specific questions, after each had given
a brief review of their interests and qualifications. Paul Beauregard, the
Commission's Acting Chairman, was also present and asked each a few ques-
tions as well. It was then the Board's decision to not make an appointment
until they could interview Richard Reardon, hopefully next week. The Chair-
man thanked Linda and Robin for coming in.
6. Paul Thibault
Mr. Thibault had written the Board, in August, requesting that the Town in-
stall a pipe to service drainage across an easement which runs through prop-
erty he owns on Franklin Street. The Town Manager and former DPW Director
had visited the site, with Mr. Thibault, sometime ago, and the Town Manager
had written a report for the Board. It will require about 200 feet of pipe
and the Town Manager's opinion was that it is questionable as to whether it
should be a Town expense. Mr. Thibault's contention is that a trench was
dug in the easement to carry drainage from Franklin Street back to a swamp
area; however, the elevation is such that the water hits an embankment and
floods Mr. Thibault's property. He said he will supply the fill if the
Town will supply the pipe. The Town Manager said the present ditch does
need to be cleaned; he estimates the cost of the pipe to be between $1,000
and $2,000. Selectman Dunn said he believes the Town has a responsibility
to not direct water onto private property. The Town Manager then said he
feels the situation requires an engineer to further investigate elevations,
design for drainage, etc. Mr. Thibault said he already has an engineered
plan; he will bring it in for the Town Manager.
Judy Harrington
Mrs. Harrington was back for a discussion of the situation concerning the
Co -op parking lot /Fulton Pond area, which she and her husband had written
a complaintabout several weeks earlier. The Town Manager had asked the
BOARD OF SELECTMEN
MINUTES OF MEETING
NOVEMBER 6, 1985
PAGE 3
Police Chief to be present. Chairman D'Onofrio suggested that Mrs. Har-
rington direct her comments and questions to the Police Chief. Her first
question was, "What are the police doing about loitering, speeding, squeal-
ing of tires ?" Jesse Earls said loitering is not a crime and they can only
arrest someone, when loitering, if they are obstructing free passage. They
cannot arrest, or ticket, someone unless they witness the actual misdemeanor.
Chairman D'Onofrio asked the Chief how other towns are handling similar sit-
uations, what else he feels the police can do, is it worth the effort and
expense to put an extra man and /or cruiser on to make sure everyone's rights
are protected? He went on to say cases may get thrown out of court, but at
least it might send the message out. Selectman Dunn suggested looking at
options, such as electronic surveillance. The Chief stated he does not have
enough men to cover all areas all the time; he would have to increase his
budget to cover another cruiser.
Judy Harrington said residents want consistent response when the police are
called. A resident from Union Street suggested establishing a Neighborhood
Watch program. Discussion then led to speeding on Union Street, with one
resident asking if a STOP sign could be put up at Horace Street to slow cars
down. It was the Board's feeling that discussion tonight is on the Co -op
parking lot /Fulton Street area only. Someone then asked when the signs
would be put up designating Fulton Street one way; the Town Manager was to
check into that, assuming it was being held up by the State DPW. Don
Paiva said he wanted to thank Jesse Earls for putting Patrolman Felix on
the downtown beat, because he is always there, knows the kids and is very
much on top of things. As a closing, the following Motion was made:
* MOTION: To hold a public hearing, November 26, 1985, for closing the
municipal parking lot on North Main Street at 6:00 P.M. every
evening.
Levine /Dunn FAILED: 3 -1 D'Onofrio for it
Selectman McNair said he didn't feel there was really a need for a public
hearing; why didn't the Board just go ahead and close the lot. Chairman
D'Onofrio said he feels very strongly that when you are dealing with public
property, you don't arbitrarily decide to close it without some input from
the people in the area.
* MOTION: To instruct the Town Manager to notify the business people in the
area that the Board has voted to close the parking lot at 6:00
P.M. every night.
McNair /Dunn VOTED: 3 -1 D'Onofrio opposed
BOARD OF SELECTMEN
( MINUTES OF MEETING
NOVEMBER 6, 1985
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8. Licenses & Permits
a) Request for extension of the V.F.W. Post 3264 Club Liquor License to
include the addition to their hall; a sketch was attached showing di-
mensions and relation to the present building.
* MOTION: To schedule a public hearing for November 26, 1985 for
the V.F.W. liquor license extension.
Dunn /Levine VOTED: 3 -0 McNair abstained
b) Application for a Common Victualler License for A & A Pizza, under
new ownership, Spyros Kalimeras.
* MOTION: To approve the Common Victualler License, subject to sign-
ing the tax certification form.
McNair /Dunn VOTED: 4 -0
c) Application for two (2) video -type games for A & A Pizza, under new
ownership, as above.
* MOTION: To approve the Automatic Amusement Machine License for two
(2) video -type games.
McNair /Dunn VOTED: 4 -0
d) Application for Parade Permit for Veterans Day, November 11, 1985,
for Veterans Council of Mansfield.
* MOTION: To approve the Parade Permit for the Veterans Council.
McNair /Dunn VOTED: 4 -0
e) Sewer Connection Permit Application, by Alcide Chandler, for 10 Davis
Street, a residential single home; special conditions: clean out the
property line.
* MOTION: To approve the Sewer Connection Permit for Alcide Chandler
for 10 Davis Street, subject to payment of the fee.
McNair /Dunn VOTED: 4 -0
9. Correspondence
a) Letter of resignation from Nicola Holm, Zoning Board of Appeals.
* MOTION: To accept the resignation with regrets. McNair /Levine
VOTED: 4 -0
BOARD OF SELECTMEN
MINUTES OF MEETING
NOVEMBER 6, 1985
PAGE 5
b) Memorandum from State Census Director re: Possible amendments to 1985
census counts.
c) Letter from Attorney Geoffrey Domenico re: Day /Blandori Subdivision,
Webster Street.
- The Town Manager said this has been referred to Town Counsel; there
is a possibility at least some of the streets may be paper streets.
d) Memorandum from Community Antenna Television Commission re: Amended
Security Deposit Regulations.
e) Request from E.A. Tears, VFW Post 3264, for permission to sell Poppies
in town through Veterans Day, November 11th.
* MOTION: To approve the sale of Poppies. McNair /Levine
VOTED: 4 -0
f) State Ethics Commission Bulletin for October 1985.
g) Copy of Interim Report for inspection of the WWTP October 24, 1985 by
Army Corps of Engineers.
( h) Notice of Public Hearing for New England Power Co., November 15, 1985.
i) Letter from District Highway Engineer re: Rt. 140 /West Street inter-
section, in answer to Board's request for a study of traffic conges-
tion.
* MOTION: Request the Town Manager to ask the State DPW to reconsider
this intersection, reviewing it for both A.M. and P.M. rush
hours (6 -8 A.M. and 3 -5 P.M.). Also to consider access to
Norfolk Street, off Rt. 140, into the industrial park, keep-
ing in mind the residential nature of West Street.
McNair /Dunn VOTED: 4 -0
j) Report from Army Corps of Engineers re: Inspection of WWTP and Sludge
Landfill, Phase I construction work.
Q Notice of Bristol Conservation District's Annual Meeting, Wednesday,
November 20th at 7:30 P.M., with focus on Understanding and Protecting
Groundwater.
1) Copy of Summons to Town of Mansfield re: Foxboro Terminals, Inc.
m) Monthly Manager's Report
( n) Memo from Police Chief re: Radar Citations and Disturbances Related
to Licensed Liquor Establishments.
BOARD OF SELECTMEN
MINUTES OF MEETING
NOVEMBER 6, 1985
PAGE 6
o) Memo from Mary Connor re: Jim Wills inquiry about Carpets, Inc. summons;
she advised him that Town Counsel was handling it.
10. Old Business- Town Manager
a) Each Board member had been given a copy of a Memorandum of Intent Be-
tween Town of Mansfield and Town of Norton. The Town Manager said it
was basically the same as the one drawn up for the Town of Foxborough,
with changes as required to suit certain circumstances which vary from
one town to another. He made it clear to Norton that Mansfield expects
Norton to buy in today, put their money up front the same as was asked
from Foxborough. The Town Manager recommends sending this draft Memor-
andum to Norton as Mansfield's offer.
MOTION: To approve the Memorandum of Intent Between Town of Mansfield
and Town of Norton.
McNair /Dunn VOTED: 4 -0
b) Each Board member had been given copies of suggested Water Rate Sched-
ule and Credit and,Collection Policy and Procedure. The.Town Manager
reviewed the Credit and Collection Policy, saying it was similar to the
one followed by the Electric Department. He suggests raising the water
to $14.96 per 1,000 C.F. for the first 1,000, and $10.83 per 1,000 C.F.
for the amount over 1,000 C.F. and offering a 10% discount on all water
and sewer bills if paid by the due date; to be effective January 1,
1986.
Chairman D'Onofrio said he is in favor of both the water rates and the
credit and collection policy, but would like to have the Town Manager
look at the impact from rolling debt and interest back into the General
Fund.
MOTION: To accept the water rates and the Credit and Collection Policy,
effective January 1, 1986, as suggested by the Town Manager.
McNair /Levine VOTED: 4 -0
c) The Town Manager then asked the Board if they wished him to discuss the
DPW contract, which has been settled, in Executive Session or open ses-
sion; consensus of the Board was in open session. The Town Manager said
he has worked out a Memorandum of Agreement with the DPW Union, but re-
minded the Board that the majority of the contract has already expired.
There were a couple of changes in figures from that which the Town Man-
ager had presented to the Board in Executive Session last week; one was
that the union members already have the fees paid for license examina-
tions, they were asking to have the license paid for by the Town. The
Town Manager felt that was a reasonable request. He said his figures
indicate need for approximately $80,000 funding for settlement of this
contract, for the two year period.
BOARD OF SELECTMEN
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NOVEMBER 6, 1985
PAGE 7
* MOTION: That the Board of Selectmen direct the Town Manager to execute
the contract as submitted and revised.
Dunn /Levine VOTED: 4 -0
d) Again, the Town Manager asked the Board whether they wished him to re-
port on the Unfair Labor Practice hearing, regarding the Firefighters,
in Executive Session or open session; consensus was open session since
a member of the Press had attended the hearing.
The hearing was held November 5, 1985 before the Labor Relation Commis-
sion; the Town was represented by Arthur Murphy of Murphy, LaMere and
Murphy. There were two Unfair Labor Practice suits, one by the Union
and one by the Town, both revolving around Article 14 of the Special
Town Meeting to be held November 16, 1985. The Firefighters claimed
the Board had pulled Article 3 (funding for settlement of the Fire-
fighters contract, if accomplished) when they presented the petition
for minimum manning of 5 men. The Town claiming the minimum manning
issue should have been included in contract negotiations. There was
discussion over whether it had ever been a topic during negotiations;
Arthur Murphy provided documentation that it had, on April 16, 1985,
and the union attorney, Warren Pyle, agreed. The Tom Manager went on
to say he feels union matters are not the type of issue for a Town
Meeting to undertake.
The Town Manager's explanation as to why this petition came about was
as a reaction to an order he had given to department heads that they
must manage within their budgets. Because of that order, Chief Sliney
had to run some 4 -man shifts, which resulted in some firefighters not
receiving as much overtime as they had become accustomed to. The fire-
fighters did admit that they had sponsored and circulated the petition,
rather than Paul O'Neill.
There was some discussion on the public safety issue, from the 5 -man
shift standpoint. Selectman Dunn wondered if the Town could cover a
shift with call- firefighters when the ambulance is out, because this
would be a saving, but in the interest of public safety. The Board
agreed, public safety is not something that can be bargained away.
11. Old Business - Selectmen
a) Selectman McNair reported that parking on Crocker Street is a.continu-
ing problem; he wondered if it would be possible to put the TOW ZONE
signs up without waiting to hear from the State DPW (with no intent
to actually tow until word is received from the State). Consensus was
to go ahead with the signs.
b) Selectman McNair also reported two signs, indicating 2 -Hour Parking
have been taken down at Oakland Street and North Main, and should be
BOARD OF SELECTMEN
MINUTES OF MEETING
NOVEMBER 6, 1985
PAGE 8
replaced as soon as possible.
c) Selectman Dunn reported on his study of truck traffic flow relative
to the industrial areas, with the intent of finding an easy path
through town. He had a map of Mansfield on which he had highlighted
certain roads most conducive to truck traffic. He mentioned points
the State DPW requires when considering truck traffic routes in town;
he suggested directional signs to assist trucks in getting through
town; and suggested contacting SRPEDD for resources and /or recommenda-
tions for such a project, or perhaps they would work with the Town on
it. Selectman Dunn had referred to a study done by SRPEDD, July 1984,
entitled, Truck Route Study, Mansfield /North Attleborough. The Town
Manager suggested submitting the project to the new Planning Director
for his recommendations; he could also make contacts with regional re-
sources.
d) In response to a topic from the Monday Light Commissioners' meeting,
Chairman D'Onofrio reported that there are 29 CD volunteers; this was
in connection with the multitudinous efforts exhibited following Hur-
ricane Gloria. Selectman Levine then suggested a letter of commenda-
tion and appreciation which would go to each person, with a copy
placed in the personnel files of those who are Town employees. Also
publish an open letter to the public listing and thanking the people
who helped, giving them some of the recognition they are due.
MOTION: So moved. Levine /McNair VOTED: 4 -0
Selectman Dunn suggested a page in the Town Report also; the Board
was in agreement.
12. New Business
a) Each Board member had received a
snow plowing policy, which would
valve boxes to be flush with the
This would apply particularly to
ing as yet unaccepted streets.
MOTION: To approve, and provide
and developers that it
ing to all construction
copy of the Town Manager's suggested
require manholes, catch basins and
roadway, effective November 13, 1985.
developers with subdivisions contain-
thirty (30) days notice to contractors
is the Town's intent to require slop -
in a public way.
McNair /Dunn VOTED: 4 -0
Selectman Dunn mentioned Norfolk Avenue at CC &F, next to the new Rt.
140, as a bad spot. The Town Manager reported that he had talked to
the CC &F people a while back, and he had understood them to say they
were going to put a finish surface on Norfolk Ave.; he will look into
this. The Town Manager also suggested that the Planning Board could
BOARD OF SELECTMEN
MINUTES OF MEETING
NOVEMBER 6, 1985
PAGE 9
consider informing developers, in the future, of this policy.
b) Selectman Dunn mentioned the Town Manager's Memorandum on "Bond Rating ",
which had been given to each Board member. He said he would like to
see put together some "action plan ", and start work on it. He sees a
connection of the bond rating with his 5 -year planning project, the
Master Plan, etc.
c) Chairman D'Onofrio asked the Town Manager about a meeting of the Board
with the Finance Committee prior to the Special Town Meeting, which he
advised was customary. It was decided to plan for the Finance Commit-
tee to come to the Board's meeting next Wednesday, November 13th.
d) Selectman McNair asked the Town Manager to look into contract operation
for the ambulance.
e) Selectman McNair mentioned the Town Meeting vote of last Spring stipu-
lating a non - binding directive to hold the budget at no more than 6 -5-
4 over the next three years. Chairman D'Onofrio said he strongly sup-
ports the Board giving direction to the Town Manager regarding weaning
the Town's expenditures.
13. Adjournment
* MOTION: To adjourn, at 11:00 P.M. McNair /Levine
VOTED: 4 -0
E �
Date signed