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HomeMy WebLinkAboutBOS MINUTES 6-19-1985BOARD OF SELECTMEN MINUTES OF MEETING JUNE 19, 1985 PRESENT: Chairman D'Onofrio; Selectmen McNair, Mahana, Dunn; Selectman Levine arrive at 9:27 P.M.; Acting Town Manager at 9:30 P.M. 1. The meeting was called to order at 7:30 P.M., and the Flag saluted. 2. Minutes of June 5 and 12, 1985 MOTION: To approve the Minutes of June 5, 1985. McNair /Mahana VOTED: 4 -0 MOTION: To approve the Minutes of June 12, 1985. McNair /Mahana VOTED: 4 -0 3. Warrant #52 MOTION: To approve Warrant #52 in the amount of $547,959.55, dated June 19, 1985, broken down as follows: General Fund - $114,599.02 Special Revenue - 8,903.97 Motor Pool - 112.23 Sewer Enterprise - 53,396.17 Water Enterprise - 8,669.93 Electric Enterprise - 362,278.23 McNair /Mahana VOTED: 4 -0 4. Licenses and Permits a) Petition #85 -1, New England Telephone and Mansfield Municipal Lighting Department, for relocation of two poles on East Street. MOTION: To approve the relocation, subject to review of the Light Department Manager, and no interruption of service. Mahana /McNair VOTED: 4 -0 b) License for aboveground storage of heating oil, William C. Madan, 30 Winthrop Ave.. This application was approved February 13, 1985, provided the Town Meeting did not rezone that parcel; it did not. MOTION: To approve and sign the license for William C. Madan. McNair /Dunn VOTED: 4 -0 c) Application for One Day Beer and Wine License, Tri- County Beagle Club, School Street, June 22, 1985, 12 Noon to 1:00 A.M., June 23, 1985, 12 Noon to 9:00 P.M. BOARD OF SELECTMEN MINUTES OF MEETING JUNE 19, 1985 PAGE 2 * MOTION: To approve the One -day Beer and Wine License for Tri- County Beagle Club. McNair /Dunn * AMENDED MOTION: To amend the Motion to read June 22, 1985, 12 Noon to 12 Midnight. Mahana /McNair Selectman Mahana felt this was more consistent with other license holders' hours. VOTED, main motion as amended: 4 -0 d) Junk Dealer License Application for Karl Clemmey, 390 West Street. * MOTION: To approve the Junk Dealer License for Karl Clemmey. McNair /Mahana VOTED: 4 -0 e) Auctioneer License Application for Karl Clemmey, d /b /a Clemmey, Inc., 390 West Street. * MOTION: To approve the Auctioneer License for Karl Clemmey. Mahana /McNair VOTED: 4 -0 f) Application for One -day Auctioneer License, William F. Moon & Co., 130 S. Washington Street, N. Attleboro; auction to be held at 156 Balcom Street, June 29, 1985 (rain date June 30, 1985). * MOTION: To approve the One -day Auctioneer License. McNair /Mahana VOTED: 4 -0 g) Transfer Request #32, Fire Salaries for week ending June 20th, $11,710.92. * MOTION: To approve Transfer Request #32 in the amount of $11,710.92. Dunn /Mahana Chief Sliney was present to explain the basis for this trans- fer request and /or elaborate on what was given on the trans- fer request form. Among other things he said the Board had been advised when the budget was being prepared that there was a shortage of funds and manpower. He has had two firefighters BOARD OF SELECTMEN MINUTES OF MEETING JUNE 19, 1985 PAGE 3 out for extended periods of time and presently has three IOD. Although he has endeavored to not cover for absenteeism with overtime, the Overtime Account is overspent $2500. There was some discussion, with the Chairman expressing con- cern that the problems identified two years ago, instead of being improved on, seem to be getting worse. Selectman Dunn felt the figures this year are about a 5% overrun and past years it has been a good deal higher. Chairman D'Onofrio said he wants to get a handle on the problem of over - spending every year. There were no decisions made. Motion VOTED: 4 -0 h) Transfer Request #33, Call Firefighters Salaries, in the amount of $1,950.00, to cover the June payroll. * MOTION: To approve Transfer Request #33 in the amount of $1,950.00. McNair /Dunn VOTED: 4 -0 i) Transfer Request #34, Town Accountant Expense, in the amount of $67.81. for telephone expense which has run over expectations consistently, plus expenses for a new filing system. * MOTION: To approve Transfer Request #34 in the amount of $67.81. Dunn /McNair VOTED: 4 -0 5. Public Hearing /Sheraton Mansfield Inn Liquor License Transfer The Clerk read the Notice of Public Hearing. Attorney Michael Brasman was present and introduced David Maddox, Director and Vice President of the newly formed corporation, Paul Lopez of Inncorp, Michael Tropp, Man- ager of the Sheraton Mansfield Inn, and Dennis Landry, new Manager of the Quality Inn. Mr. Brasman briefly reviewed the material which he had pre- sented at the former meeting, summarizing by saying this is basically a corporation to corporation transfer. They were present tonight to ask for approval for transfer of the liquor license and approval of the Pledge, as well as all other licenses the Sheraton holds. He explained that the Pledge means the corporation cannot sell the liquor license; it goes to the company which is financing the corporation, and it does not take the authority away from the local Board. The hearing was closed. * MOTION: To approve transfer of Liquor License from Mansfield Motor Inn, Inc., d /b /a Sheraton Mansfield Inn & Conference Center, to Mans- field Hotel Corporation, d /b /a Sheraton Mansfield Inn & Confer - ence Center, Michael A. Tropp, Manager. McNair /Mahana VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING JUNE 19, 1985 PAGE 4 * MOTION: To approve transfer of the Weekday Live Entertainment License and the Sunday Entertainment License for the Sheraton Mansfield Inn & Conference Center, as previously identified. Mahana /McNair VOTED: 4 -0 * MOTION: To approve transfer of the Common Victualler License for the Sheraton Mansfield Inn & Conference Center, as previously iden- tified. Mahana /McNair VOTED: 4 -0 * MOTION: To approve the Pledge of the liquor license, as submitted. Mahana /McNair VOTED: 4 -0 6. Public Hearing /Quality Inn of Mansfield The Clerk read the Notice of Public Hearing. The hearing was then turned over to Attorney Michael Brasman who explained that everything was same as with the Sheraton Mansfield Inn, with the exception of a new Manager, Dennis E. Landry, who had been introduced earlier. Mr. Landry was ques- tioned as to the number of hours /days he would be at the Quality Inn, when it was learned that he is also Manager over other hotels; the differ- ence being only that he is General Manager of the Quality Inn, and will only hold a liquor license at the Quality Inn. He estimated he would spend approximately 3 -4 days a week, 10 -12 hours, at the Quality Inn. The man- agement, and staff, will be the same as it has been. * MOTION: To approve transfer of Liquor License from Inncorp Development Corp, d /b /a Quality Inn of Mansfield, John P. Axelrod, Manager, to Foxfield Hotel Corporation, d /b /a Quality Inn of Mansfield, Dennis E. Landry, Manager. McNair /Dunn VOTED: 4 -0 * MOTION: To approve transfer of the Weekday Live Entertainment License for the Quality Inn of Mansfield, as previously identified. Mahana /Dunn VOTED: 4 -0 * MOTION: To approve transfer of the Common Victualler License of the Quality Inn of Mansfield. McNair /Dunn VOTED: 4 -0 * MOTION: To approve the Pledge of the liquor license, as submitted. Mahana /McNair VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING JUNE 19, 1985 PAGE 5 Attorney Brasman, and the others present thanked the Board, and Mr. Bras- man advised the Board that, if for any reason, the transfers do not go through, everything is set up for them to be retransferred back to the present owners. Chairman D'Onofrio commended Mr. Brasman for his complete- ness and smoothness in handling the two transfers. 7. Camp Dresser & McKee Charlie Loveridge was present. The Clerk read a letter from CDM to the Town Manager which certified that the work by Hope Building Co., Inc. on the Wastewater Treatment Plant, Contract No. 1, is substantially complete, as defined in the Mass. General Laws, Chapter 30, Section 39K, since the cost of the remaining incomplete work, as shown on an attached "punch list ", is less than one percent of the contract amount. CDM, therefore, recommends acceptance of the building and equipment, except for those items on the punch list, with the date of acceptance and start of the one - year guaranty period established as June 19, 1985. The letter goes on to explain in more detail the meaning and impact of the acceptance, as well as payment to the contractor, retainage, etc., with Charlie Loveridge answering questions. Charlie said everything is ready to go with the ex- ception of those items on the punch list, and they are working on them, so that it should be completed by the end of this week. MOTION: That the Town of Mansfield accept the Wastewater Treatment Plant in the Town of Norton. McNair /Mahana This action means the Town accepts full responsibility for the plant. Some discussion followed. Selectman Dunn raised the thought of having an audit, for lack of a better word, of the plant prior to accepting it. It was pointed out that the Town is accepting CDM's assurance that the workmanship and material have been inspected and approved by them, the designers of the plant, and there is a one -year guarantee, with CDM standing be- hind the workmanship and the.fact that it will function as it is supposed to. Also, it has been reviewed monthly by the Army Corps of Engineers. Selectman Mahana asked what legal responsibility the Town is subject to if it accepts the plant and then there is a court order prohibiting operation of it (this possibility taken from an article in the Sun Chronicle of this date). Charlie Lov- eridge stated that the guarantee starts on the date of Certifi- cate of Acceptance. MOTION: To table the motion to accept the Wastewater Treatment Plant. McNair /Dunn BOARD OF SELECTMEN MINUTES OF MEETING JUNE 19, 1985 PAGE 6 Chairman D'Onofrio explained that the Board is tabling the motion because of a concern raised by the newspaper article. The Board feels there is a potential problem with officials of Norton. He went on to say that if there is any financial expense resulting from such a problem, the Town of Mansfield will expect to collect for such expenses. Selectman McNair said if the Town accepts the plant tonight and the guarantee starts now, then there is a court delay, the plant could be idle, possibly for months, and the Town losing the advantage of a full year from the guarantee. VOTED: 4 -0 8. Jewell Street Petition Four residents of Jewell Street came before the Board, with a petition signed by 24 residents of Jewell Street, protesting the operation of a construction business within the zoning of Private Residence by Richard Staples of 100 Jewell Street. Mrs. James Fontes was spokesperson for the residents and read the petition. A Cease and Desist was issued on May 8, 1985, which Mr. Staples is ignoring. The Chairman had been informed, prior to tonight's meeting, that this petition was going to be presented, and had asked Town Counsel to be at tonight's meeting. Town Counsel then outlined the action to date, and steps to follow. He said Mr. Staples has no intention of removing his vehicles at this time. Town Counsel will be in court this Friday, June 21st, to seek an injunction for a temporary Restraining Order which would take effect immediately. If Mr. Staples continues in violation of the court order, he will be required to appear in court to show cause as to why he intends to continue. Within ten days of issuance of the Restrain- ing order, a hearing will be held on a permanent order. There was fur- ther discussion covering why such a time span since the Cease and Desist Order, which gave Mr. Staples 7 days, the excessive speed of the vehicles owned by Mr. Staples, etc. The Chairman advised the residents the Board will stay on top of the situation and pursue it diligently. 9. Old Business a) Selectman Levine had received a complaint concerning junk cars, etc. on the property at the corner of Henry and Fowler Streets. Joan Cutillo said a list was being put together of such complaints to be taken care of all at one time. b) Selectman Mahana advised he had been reviewing the Selectmen's Policy Book, finds many incomplete, undated, etc., and feels the "whole house" should be put in order before the new Town Manager "gets on board ". He also mentioned Executive Minutes which have not been approved, released, etc. There will be review of some of the Executive Minutes scheduled BOARD OF SELECTMEN MINUTES OF MEETING JUNE 19, 1985 PAGE 7 for next week's meeting (copies were given to members of the Board this week). The Chairman asked Selectman Mahana if he would like to be in charge of updating the policy book; Selectman McNair said he would work with him, and the Chairman volunteered the secretary's help as well. c) Selectman McNair asked the status of the Spring Street /West Street Inter- ceptor. The Acting Town Manager assured him that CDM was staying on top of it. 10. New Business a) Selectman McNair questioned the width of the new sidewalks in the re- constructed downtown area, in relation to ability for the sidewalk snow plow specifically between store fronts and the light poles, in the area of Barrows. Joe Zeneski, DPW Director, was present and said the sidewalks are wide enough for the plow almost everywhere, but where they are not, the DPW will still be responsible for clearing the snow. b) Selectman McNair has concern for use of the Light Department Manager's car which he understands is being used by the DPW Department Director; has it been properly registered with insurance carrier, etc. He also feels that vehicle and the Town Manager's car should be checked for safety. c) Selectman Mahana read a Memo he had distributed covering suggestions for Verification of credentials and other pertinent data on Town Manager selectee. There was some discussion of telephone inquiries vs. trip by one or two Selectmen to Michigan, expenses involved. Selectman Dunn suggested contacting the MMA consultant for input, their suggested method, etc. This was felt to be a good approach. 11. Correspondence (June 6 -19, 1985) a) Two notices of Public Hearings from the DPU re: Springfield Cellular Telephone Co. and AT &T Communications of New England. b) Letter from Von Orton re: Keeping lawn mowed at Fisher - Richardson House; this has been taken care of. c) Notice of SRPEDD Annual Meeting Wednesday, June 26th. d) Letter from Town Manager applicant, Richard Reed, expressing his contin- ued interest in the position. e) Letter from Executive Office of Cojmunities & Development re: Avail- ability of FY -1985 Mass. Small Cities Program funds; referred to Plan- ning Director. f) Letter from DEQE re: Approval of Change Order No. 5, Contract 2, of the Wastewater Treatment Plant. BOARD OF SELECTMEN MINUTES OF MEETING JUNE 19, 1985 PAGE 8 g) Notice of Public Hearing from John W. Delano & Assoc., Inc. re: Appli- cation for a special permit from Tract Land Realty Trust, for property in Norton (notice sent to Mansfield Selectmen as an abutter). h) Copy of letter from Bungay Associates, Inc., Greenwood Lake, to the EPA re: Pyramid Companies Proposed South Attleboro Mall - Creation of "off - site Wildlife Habitat ". - The DPW Director said he has sent a copy of this letter, along with one he has written, to the Executive Office of Environmental Affairs, and a meeting is set for next week with other concerned groups regard- ing this. i) Letter from State DPW re: State Aid - Highways. A Letter from DEQE re: A monthly newsletter, PROFILE, published by DEQE. k) Memorandum from Mass. Cable Television Commission re: Public Hearing for New Security Deposit Regulations; referred to Cable Access Corp. 1) Letter from Town Manager applicant, Samuel Coxson, expressing appreci- ation for his visit to Mansfield. m) Letter from State Joint Committee on Transportation re: Series of hear- ings covering legislation for State's biennial transportation bond issue. n) Letter from Town Manager applicant, William Boerth, expressing contin- ued interest in the position and appreciation of the interview process. o) Letter from Supervisor of Public Records, Office of the Secretary of State, re: Destruction of Microfilmed Records; letter went to Licensing Boards and Selectmens' offices. p) Letter from Office of Secretary of the Treasury re: Revised Recipient Account Statement, which provides complete information on Mansfield's Revenue Sharing account status. q) Letter from MMA re: Who will fund expenditures required to solve state - wide solid waste problems in the Commonwealth. * MOTION: To send a letter to our legislators and the Governor suggest- ing strong concern in regard to the proposed bill, and consid- eration of the problems it would create for the towns. Dunn /Levine VOTED: 5 -0 r) Copy of letter from the DPW Director to Robt. Eames Insurance Agency re: Insurance Liability over the Catalano's Liquors problem. BOARD OF SELECTMEN MINUTES OF MEETING JUNE 19, 1985 PAGE 9 s) Announcement from LEA Group re: New State Program for Landfill Improve- ment Projects. t) Memos from Police Chief re: Radar Violations and Disturbances Related to Licensed Liquor Establishments for June 5 -18. u) Copy of letter to Norton Building Inspector from Joan Cutillo, re: Issuance of an Occupancy Permit. v) Copy of letter to Norton Fire Chief from Joan Cutillo re: Fire Alarm System for WWTP. 12. Adjournment * MOTION: To go into Executive Session for the purpose of contract negoti- ations and pending litigation, to come out to adjourn only. McNair /Levine Board polled: 5 -0 MIND(r APPROVED: 7 / ! I L;ierK y Date `signed