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HomeMy WebLinkAboutBOS MINUTES 11-6-1985BOARD OF SELECTMEN MINUTES OF MEETING NOVEMBER 6, 1985 a 41;» 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 PAGE 4 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 MINUTES OF MEETING 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