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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