HomeMy WebLinkAboutBOS MINUTES 5-22-1985l
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 22, 1985
PRESENT: Chairman D'Onofrio; Selectmen Levine, McNair., Mahana; Acting Town
Manager
1. The meeting was called to order at 7:30 P.M. and the Flag saluted.
2. Minutes of May 15, 1985
MOTION: To approve the Minutes of May 15, 1985. McNair /Mahana
VOTED: 4 -0
3. Warrant #48
MOTION: To approve Warrant #48 in the amount of $611,402.32, dated May 22,
1985, broken down as follows:
General Fund -
Federal Revenue -
Special Revenue -
Sewer Enterprise -
Water Enterprise -
Electric Enterprise -
McNair /Mahana
4. Licenses and Permits
$186,198.18
455.05
5,673.35
3,763.77
3,798.58
411,513.39
VOTED: 3 -0 Levine abstained
a) Sewer Connection Permit Application by WRC Properties, Inc., for an
industrial building on Plymouth Street in the Cabot Cabot & Forbes Ind-
ustrial Park.
- Selectman Levine questioned the use of PVC pipe for sewer lines; the
Director of Public Works, Joe Zeneski, was present and said PVC has
been used for some time now.
MOTION: To approve the WRC Properties, Inc. Sewer Connection Permit.
McNair /Levine VOTED: 4 -0
b) Transfer Request #14 in the amount of $313.00 for Town Accountant Ex-
pense, to be used for telephone bills and Accountant's spring conference.
MOTION: To approve Transfer Request #14. Mahana /McNair VOTED: 4 -0
c) Transfer Request #17 in the amount of $60.00, Veterans Expense, for tele-
phone bills, including estimated bill for June.
MOTION: To approve Transfer Request #17. Mahana /McNair VOTED: 4 -0
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 22, 1985
PAGE 2
d) Sewer Connection Permit Application for JDC, Inc. for the Great Woods
Performing Arts Center on S. Main Street.
- This application was held over from last week while the possibility
of residents on S. Main Street to tie in was researched from last
year's hearings; it was determined then that it was not realistic.
* MOTION: To grant the sewer connection request as submitted last week.
Levine /McNair VOTED: 4 -0
5. Juror Selection
a) New Bedford Superior Court, Criminal Session, July 2, 1985
- June P. Goyette, 75 Union Street
6. Correspondence
a) Zoning Board of Appeals Statement of Facts re: Business at 1399 East
Street (Wm. Kirby complaint).
b) Letter from House Republican Leader, 14m. G. Robinson, re: Battle with
the Legislature for local aid.
c) Letter from Executive Office of Communities & Development re: Increase
in State's Community Development Action Grant Program.
d) Notice of Town of Mansfield summer Hours (8:00 A.M. to 4:00 P.M.).
e) Letter from Richard Johnson, Mayor of City of Taunton, and Chairman of
the Bristol County Advisory Board re: State take -over of County Commis -
sion functions.
f) Letter from DEQE indicating approval of Change Order No. 7 for extension
of time of completion for the WWTP contractor, to May 16, 1985.
g) Letter from American Legion Auxiliary Unit #198 requesting permission to
conduct their annual "Poppy Drive" May 23rd to May 27th.
* MOTION: To grant permission for the annual "Poppy Drive"
McNair /Mahana VOTED: 4 -0
h) Copy of letter to Allen Willis, Chairman of Airport Commission, re: Prop-
erty acquisition in Runway 22 approach.(letter from Town Counsel).
i) Memo from Police Chief re: Radar citations and Disturbances Related to
Licensed Liquor Establishments.
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 22, 1985
PAGE 3
j) Letter from U.S. Environmental Protection Agency to Acting Town Manager
re: Proposed wetland creation project near I -95 in North Attleboro.
Q Letter from Norton Fire Chief re: Lack of installation of fire alarm in
new sewer plant.
7. Camp Dresser & McKee
Charlie Loveridge, Bill Mackey and Jim Glendye were all present. Charlie
Loveridge first item was to inform the Board that at this time the earliest
start -up date is June 15th. He said there are 30 deficiencies, strictly
operational, which have to be cleaned up first. He next said Norton has
made plumbing and electrical inspection; there is a dispute over the fee
for the Building Inspector; he suggests that $20,000 be held from the con-
tractor until the dispute is settled. It was brought out that the Norton
Conservation Commission was concerned over damage to the area and are ask-
ing for withholding of the Occupancy Permit. Jaon Cutillo said she under-
stands the Occupancy Permit only applies to the building.
Who pays for the power during testing is being negotiated between the Town
of Mansfield and contractor. The Spring Street /West Street agreement has
been extended 30 days by the contractor due to a problem with his sub -con-
tractor. The sludge landfill should be ready to receive sludge by the end
of June.
The following Change Orders were submitted:
1) Installation of 4 trunk lines for phone system; 2 of these lines are for
the alarm system - $3535.00.
* MOTION: To approve the Change Order in the amount of $3535 for the
Merlin telephone system to be used in connection with the
alarm system.
McNair /Mahana VOTED: 4 -0
2) One additional circulating pump - $1514.00; this was shown on the draw=
ings, but not included in the specs.
* MOTION: To approve the Change Order for one additional circulating
pump in the amount of $1515.00.
Levine /McNair VOTED: 4 -0
3) Additional insulation for the chilled water storage tank for the air con-
ditioner, and other locations, in the amount of $490.00.
* MOTION: To approve the Change Order for additional insulation.
McNair /Levine VOTED: 4 -0
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 22, 1985
PAGE 4
- At this time the Chairman asked for a motion to open the Public Hearing
for Christopher's Restaurant and then postpone it 15 minutes.
* MOTION: So moved. McNair /Levine VOTED: 4 -0
The next item discussed was raised by a letter from the Norton Fire Chief
in which he states that he will not sign an Occupancy Permit for the Waste -
water Treatment Plant until a fire alarm system is approved and installed
as per pervious discussion with Mansfield's Town Manager, Chad Maurer, and
the Board of Selectmen. Charlie Loveridge said there is no alarm system and
one is not required; there is a chlorine leak detection system. Bill Mackey
said the original plan did not require a fire alarm system. In previous dis-
cussion with Norton it was decided CDM would prepare a design for a system,
which they did, and the Norton Fire Chief approved the design, the cost of
which was estimated to be $90,000. Mansfield felt this was more than was
necessary for the type of construction involved and was not willing to invest
that much, and took the stand that the building was in conformance with the
Mass. Building Code. It was brought out that the Inspector who reviewed the
plans originally is not the present Inspector. Also, that the chlorine alarm
system was added at the request of the Norton Fire Chief; there is a.separate
one going to Norton, in addition to one going to Mansfield. Chairman D'Ono-
frio then reviewed the seven points of then Town Manager, Chad Maurer's, Con-
fidential Memo of January 22, 1985, covering this issue which, among other
things, pointed out that according to Thomas Carr of the Mass. Dept. of Pub-
lic Safety, if the building, as constructed, conforms to the Mass. Building
Code, the Building Inspector is obligated to issue a Certificate of Use and
Occupancy; and if he refuses, the Town of Mansfield can immediately appeal
the decision to the Dept. of Public Safety on the grounds that the Building
Inspector exceeded his authority. The filing of the appeal would permit
Mansfield to immediately occupy the building, provided CDM supplied Mansfield
with a Designer's Certificate certifying that the building was constructed in
accordance with the [lass. Building Code.
Charlie Loveridge reported that the two dump trucks, the crawler and loader
are to be delivered by the end of June. The DPW Director, Joe Zeneski, ad-
Vised that the staffing is nearly complete now, and he is pleased with the
quality of people he has been able to draw.
Bill Mackey discussed advisory services during the first year of operation
of the new plant. He said it is now mandated by the EPA, but was not at the
time Mansfield's contract was approved. Bill Mackey explained that such a
consultant helps the operator maintain the plant, collect records, file and
complete reports and documents, and provides additional technical assistance.
He feels it would be a worthwhile service to Mansfield and suggests submis-
sion of a request for consideration; he said it would be in terms of 10%
dollars. Selectman Mahana pointed out that with the 10% dollars, in consid-
eration of the $40,000 budgeted for consultant services, it could possibly
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 22, 1985
PAGE 5
save the Town some money, which could then be passed on to the residents, at
least in a lessening of increased sewer rates.
MOTION: To increase the scope of services for the Mansfield Wastewater
Treatment Plant to include advisory services in an amount not to
exceed $51,000, assuming it to be fundable under 10$ on the dol-
lar.
Mahana /Levine VOTED: 3 -1 McNair opposed
Bill Mackey then discussed Contract 4, second phase - sludge landfill and
composting site, advising that two more sites will be needed in the future.
He stated that the present site contains 10,000 cu. ft. of sludge, covered
with trees and stumps, and all of this must be removed and placed in a self -
contained landfill; otherwise leachate from this site will leak into the test
holes for the new landfill. They have tried to locate an acceptable, ap-
proved new site for this sludge, and feel they may not be able to. The al-
ternative he suggests is to move said sludge into the new Landfill Site #1,
but in so doing, it will have to be mixed with sand which will increase the
volume considerably. CDM proposes to add an additional "cell" which would
give the original planned three for the town, as Site #1 will be basically
filled with the sludge from the old site. He reported that the CDM proposal
has been looked on favorably by the State agencies. He suggested revising
Contract 4, then write a separate contract for the additional "cell ". There
was then some discussion. Selectman Mahana suggested the possibility of add-
ing water to the sludge to create a consistency capable of being fed into the
new plant, which would then be transported to the new landfill. The con-
sensus of the Board was put into a motion:
MOTION: To allow CDM to proceed along points as discussed:
1) Proceed with removal of the sludge that is a problem in the
completion of the original contract;
2) Look at expansion of the sludge landfill to a Cell #4;
3) Take a look at some options as discussed by the Board this
evening.
Levine / Mahana VOTED: 4 -0
Chairman D'Onofrio asked CDM to keep the Board fully informed of anything
that occurs.
Bill Mackey then, again, mentioned inspection of the plant by Board members
as well as Norton and Foxboro Board members, and assured the Board that CDM
will do everything as well as possible to make the plant run completely and
in final automation. He said they will try to report back in two weeks.
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 22, 1985
PAGE 6
-- 8.- Public Hearing /Christopher's Restaurant
The Clerk read the Notice of Public Hearing, the letter to George Kesaris
advising him of the hearing, and the Police Officer's report. Both Chris
and Ted Kesaris were present, brothers of George Kesaris; George Kesaris
was not present. The brothers explained that George is seldom at the res-
taurant, he has another business, although his name is the only one on the
liquor license; Chris and Ted run the restaurant. They explained that they
knew nothing about the problem night until they received the letter; that
one of the fellows involved had been told to stay there that night to watch
the booths, etc. which had been set outside during remodeling. They said
he has been fired as a result of this situation. Chairman D'Onofrio said
he wants to see George Kesaris present, as the license holder. Selectman
Levine reminded Ted and Chris Kesaris that holding a liquor license is a
privilege, so it behooves you to know who you are hiring.
MOTION: To continue the hearing until next week with all parties involved
present.
McNair /Mahana FAILED: 3 -1
Selectman Mahana asked if there was a recommendation from the Police Chief;
he recommended a one -day suspension. At this point Paul Murray, 14 Sunset
Lane, Plainville, asked to speak. He claimed he was there the night in
question and there was no alcohol being consumed; he went on to mention
other names and officers. The Chairman then felt there was considerable
confusion as to facts, and again said he felt the license holder should be
present.
MOTION: To continue the hearing until next week at 8 P.M. with George Kesar-
is present, as well as the police officers involved.
McNair /Levine VOTED: 3 -1 Mahana opposed
The Chairman then asked Joan Cutillo to try to have Town Counsel present
also.
Old Business - Selectmen
a) Selectman Levine asked the Chairman if the new Town Manager was to be
chosen by a unanimous vote vs. majority. She then explained her reason
for asking was, if it is to be a unanimous vote, she would not vote for
or against a candidate chosen who was interviewed the Saturday she could
not be present to participate; she wanted this clearly understood. Chair-
man D'Onofrio said that Mr. Wilks, of the MMA, had advised that a unani-
mous vote was desirable.
b) Selectman Levine next asked about raises for department heads. Joan
Cutillo said she is now preparing the papers for evaluation, as usual.
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 22, 1985
PAGE 7
Selectman Levine was of the impression that the former Town Manager, Chad
Maurer, had done an informal evaluation before he left. There was some
discussion.
c) In response to the recent inquiry concerning eligibility for a plaque
for Geraldine Abbott, dates indicate she certainly is.
* MOTION: That this Board award Geraldine Abbott, at an appropriate time,
presentation of a plaque for all the years she has given the
Town.
Mahana /Levine VOTED: 4 -0
d) Selectman Levine inquired about the raise for the Light Department Manager.
She was told it would be covered at the next Light Commissioners meeting,
June 3rd.
10. New Business
a) The Acting Town Manager advised the Board that appraisals have been com-
pleted on the two pieces of land to be sold at auction, as voted by the
Annual Town Meeting; one on East Street and one on Maple Street. It was
the consensus of the Board that Joan Cutillo handle the action and that
it be held June 15th.
b) Selectman McNair asked that the DPW Director provide the Board with water
reports; he would like to receive them weekly through the critical times,
and have them include comparable rate and pumping of last year.
c) Selectman McNair then said he has been approached by two liquor estab-
lishments concerning laws regarding sale violations, etc. Selectman
Mahana suggested establishing procedures for liquor disturbance calls
and a policy for liquor license establishments.
11. Adjournment
* MOTION: To adjourn, at 10:20 P.M. McNair /Mahana
VOTED: 4 -0
MINUTES APPROVED:
Clerk uucr «.,r�A:�ct
Dateysigned