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HomeMy WebLinkAboutBOS MINUTES 9-4-1985BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 4, 1985 PRESENT: Chairman D'Onofrio; Selectmen Dunn, Levine, McNair, Mahana; Town Manager, Rande Wilson 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. The Chairman then introduced Mansfield's new Town Manager, Rande J. Wilson, and offered a brief summary of his experience and achievements prior to corning to Mansfield; this he was doing for those watching at home. He then gave M1.. Wilson his first official welcome, after which each member of the Board spoke a few words of welcome. Selectman Levine then voiced that a deep and heartfelt thank you was due Joan Cutillo who did a very good job as interim Town Manager, and suggested a token of appreciation be sent to her; this was wholeheartedly approved. 2. Minutes of August 21, 1985 MOTION: To approve the Minutes of August 21, 1985 VOTED: 3 -0 3. Warrants #10 and #11 Levine and Dunn abstained McNair /Mahana MOTION: To approve Warrant #10 in the amount of $444,648.89, dated August 28, 1985, broken down as follows: General Fund - $179,393.76 Revenue Sharing - 1,186.58 Special Revenue - 16,966.10 School Roof - 119,211.25 Motor Pool - 23.79 Sewer Enterprise - 88,115.09 Water Enterprise - 3,560.92 Electric Enterprise - 36,191.40 McNair /Mahana VOTED: 3 -0 Dunn and Levine abstained MOTION: To approve Warrant #11 in the amount of $696,121.76, dated Sept- ember 4, 1985, broken down as follows: General Fund - $575,904.63 Revenue Sharing - 39.54 School Lunch - 714.46 Special Revenue - 70,689.39 Motor Pool - 131.57 Sewer Enterprise - 7,711.51 Water Enterprise - 18,549.64 Electric Enterprise - 22,381.02 McNair /Dunn VOTED: 4 -0 Levine abstained BOARD OF SELECTMEN MINUTES OF MEETING ( SEPTEMBER 4, 1985 PAGE 2 4. Chairman D'Onofrio then asked the Clerk to read the Memo he had sent to the Town Manager concerning the fumes and odors emanating from the Fruit Street sewer plant and complaints from residents on South Main Street. One complaint included the fact that the Town was accepting septage at the Fruit Street plant. Chairman D'Onofrio expressed particular concern since at the last Board meeting, when the DPW Director was present and the matter was discussed, that he had, at that time, not mentioned the continued acceptance of septage at the old plant, which apparently is a prime source of the odor problem. A reply Memo, from the Town Manager, was then read indicating several steps have been taken to resolve the problem, and that the new plant should be able to accept septage within the next week to ten days. Selectman Levine suggested the possibility of restricting outside septage until such time as the new plant is ready to handle it. The Town Manager is to look into this. J. Creeden was present to again complain about the odor over the long week- end; he was assured the Town is doing whatever is possible, such as: evalu- ating weather conditions when engaging in compost operations, putting a second aerosol masking agent into use near the lagoons, pressuring CDM for immediate elimination of the lagoons and their contents. 5. IDFA /Tighe Trucking Chairman of the IDFA, Fran Baldini, was present with John Tighe, of Tighe Trucking and his attorney, requesting approval for an Industrial Revenue Bond in the amount of $5,207,000, for a truck warehouse on a twelve acre parcel on Oakland Street. They explained that this parcel was chosen be- cause of the rail spur nearby, which they require. Their proposed use of the parcel is a permitted use under Mansfield Zoning By -laws, and approval of the bond would mean a major saving per year which, in turn, will allow them to construct a more expensive warehouse. When asked for an approxi- mate number of trucks per day, 20 -25 per day round trip (i.e., 40 -50) trac- tor trailers, gross weight 60- 65,000 lbs., 8 -10 hours per day. Selectman Levine then expressed her concern to Fran Baldini that the IDFA would approve another trucking business in light of the Foxboro Terminals issue, in the same area, and the problems it is causing. Mr. Baldini's response was that the IDFA's responsibility is the firm's financial struc- ture, not possible environmental repercussions and peripheral concerns. Selectman McNair then asked about time frame for a decision; they would like to have a decision within a week to ten days. Selectman McNair sug- gested holding an informal hearing so that the townspeople could come to express their concerns. The Chairman reinforced that suggestion by say- ing that public safety is the main issue which has to be considered. The Chairman then permitted two residents who were present to ask questions of Mr. Tighe; one of which was if Mr. Tighe would have control over the BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 4, 1985 PAGE 3 trucks - the answer was not completely. Another resident was concerned about water drainage towards Hope Street. It was stated that they hoped to start construction by March 1986; they have already bought the property. MOTION: To take the bonding for Tighe Trucking under advisement and hold an informational hearing September llth. Levine /Dunn VOTED: 4 -1 McNair opposed Public Hearing /A.L.E. License The hearing was postponed twice due to the Tighe Trucking discussion; once from 8:00 P.M. to 8:15 P.M., then from 8:15 P.M. to 8:25 P.M. (Mahana /McNair VOTED: 5 -0; Levine /Dunn VOTED: 5 -0). The Clerk read the Notice of Public Hearing; Gilbert Stuart, former manager and Alan L. Ellis, new manager, and Mr. Ellis' attorney (substitute for Mr. Santos who had presented the application previously), were present. The necessary copies of letters to abutters and their Return Receipts were pro- vided. Mr. Ellis was asked if he would be on the premises; he answered at least five days of the week, and he has an Assistant Manager. The Police Chief was asked if there have been any problems connected with Hidden Country; he said No. Mr. Ellis said he proposes no drastic changes. His new name, Sundown Saloon, was frowned on by some members of the.Board, but only in passing. The hearing was then closed. MOTION: To grant the license transfer from Hidden Country, Inc., Gilbert A. Stuart, Manager, to A.L.E., Inc., Alan L. Ellis, Manager, d /b /a Homestead Restaurant and Sundown Saloon, subject to any outstand- ing obligations to the Town of Mansfield having been fully satis- fied. McNair /Mahana VOTED: 5 -0 Public Hearing /Christopher's Restaurant This hearing had been previously opened and postponed from 8:15 P.M. to 8:45 P.M. (Dunn /Levine VOTED: 5 -0). Selectman McNair left the room for this hearing; Selectman Mahana took over as Clerk and read the Notice of Public Hearing. The three Kesaris brothers and their attorney, E.F. Boyle, were present. Attorney Boyle initiated dis- cussion by saying there may be no need to continue the hearing as the prop- erty is under agreement for sale assuming the transfer of the liquor license is approved; this is expected to take place in about two months. Attorney John Mulvee was present as attorney for the new owners who, it was disclosed are the owners of a Kahana Restaurant in Walpole and hope to open a second at Christopher's site. Brief discussion followed as to whether the hearing should continue. Board members felt that if the present owners were to con- BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 4, 1985 PAGE 4 tinue operation of the restaurant and ownership for another two months, then the hearing should be held. The Clerk then swore in the three Kesaris brothers. The Police Chief was asked to summarize what has caused the reason for the hearing; i.e., numerous complaints and calls of noise from inside and in the parking lot, fights, etc., and they occur so frequently. Everyone was given a copy of the police log listing for the period from December 1984 to August 1985. Attorney Boyle said the notice sent to his client was vague; it should have shown dates, times, specific complaint, etc. The police log listings were then reviewed and some discussed briefly, after which Selectman Levine asked whether this was a hearing concerning a liquor license or other violations, since the police log showed nothing specific regarding liquor license violations. Atty. Boyle then read Mass. General Law Chapter 138, Section 64 which spells out reasons for forfeiture of a license, ending with reiteration that there was no liquor license viola- tion evident for this hearing. The Chairman then interpreted the main con- cern as overall impact on the neighborhood. The Police Chief feels the biggest problem is the location, not necessarily that the owners are doing anything wrong. Questioned about two specific listings of the log which mention drugs, the Police Chief said none of the Kesaris were involved and said No to the question are there any of these violations in other parts of town. Selectman Mahana then said he feels the discussion is not in regard to liquor license violations; the Chairman told Attorney Boyle it now seems to be primarily management. The subsequent discussion led into the enter- tainment being the cause of the problem, with alcoholic intake compounding said problem. The Kesaris were advised that the Board would be looking at the Entertainment License now, more than the Liquor License. Selectman Dunn made the observation that although there are alot of complaints, the fact that they are logged by the police indicates someone inside the res- taurant is taking care of them; the Board felt this was a good point. Selectman Mahana suggested immediate revocation of the Entertainment License if there are any more complaints between now and when the property is sold. Chris Kesaris said they have a commitment for entertainment until the end of October. Attorney Boyle summed up, saying the problem for the long range is being addressed, the problem for the short -range is they are doing the best they can. The hearing closed. MOTION: To take the matter under advisement. Dunn /Mahana VOTED: 4 -0 The Chairman ended the discussion by saying, we are telling the owners that this is a matter we will watch and if any further problems occur, the Enter- tainment License revocation may be considered. DAV Representative Elliott Gray was present to request permission to run the annual DAV "For- BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 4, 1985 PAGE 5 get Me Not "drive in town, October 10, 11 and 12. MOTION: To grant permission to the DAV to conduct their annual Forget- Me -Not drive. Mahana /Dunn VOTED: 3 -0 McNair and Levine out of room Mr. Gray then asked if it would be possible for the Bessom Memorial plaque to be restored. He explained that it had been removed from the southeast corner of the South Common sometime -ago; when it was necessary for some construction, and has never been put back. It would require a post installed for permanency. The Town Manager was asked to look into this. Licenses and Permits a) The Town Clerk's bond was approved and signed, in the amount of $6,500. McNair /Levine VOTED: 5 -0 b) Sewer Connection Permit for 12 single residence homes on Highland Ave.; original application filed August 21, 1985 and tabled until the validity of a $10.00 fee for twelve homes is reviewed. Applica- tion filed by Folkman Co., Inc. - The Clerk read a Memo from the DPW Director indicating that from his research past practice has been $10.00 charge for a residential connection; under Article IV, Section 2 of the Rules and Regulations of Sewer Use, the $10.00 is a permit and inspection fee for a resi- dential and commercial building sewer permit. The Memo went on to recommend a fee structure similar to that adopted by the Board in April 1984 for water main inspections, fees, etc. After brief dis- cussion the Chairman said a change in fee structure would require a public hearing, but as it stands this is an interpretation which can be "per unit ". MOTION: Approve the Connection Permit for 12 residential singles sub- ject to receipt of the appropriate fee - $10.00 per unit. Mahana /Levine VOTED: 5 -0 c) Selectman McNair then brought up the Gambale sewer connection whicr is still not resolved. He had seen a letter to Gambale from the DPJ Director which advises Mr. Gambale that the former department approval was being rescinded due to the Town's responsibility if a problem de- veloped from their proposed design. Selectman McNair suggested a meet- ing with the Gambales, Town Counsel and the DPW Director to enable the matter to be settled as soon as possible. The Chairman suggested hav- the Gambales meet with the Board next week. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 4, 1985 PAGE 6 10. Correspondence Week of Au4ust 22 -28, 1985 a) Letter from Executive Office of Communities & Development re: Small Cities Program Feasibility Study Grants; referred to Planning Direc- tor, Conservation Commission, Historical Commission and DPW Director. b) Letter from Dept. of Revenue Commissioner re: Changes in estimated re- ceipts for FY -86 from those included on the Cherry Sheet issued last March. c) Copy of letter to Board of Assessors from Dept. of Revenue re: Agree- ment with Appraisal Consultants of New England Corp. for valuation of real and personal property in Mansfield as of 1/1/86. d) Notification of Routine Right -of -way Maintenance by Herbicide Applica- tion from ASPLUNDH Railroad Division. e) Letter from Associated Industries of Mass. re: Needed reform to the Workers' Compensation system and analysis of Bill H -5030. - Chairman D'Onofrio advised that it discusses proposals recommended by the Governor; it appears that they are likely to have a ripple effect on the Town's Workmens' Compensation. * MOTION: To seek advice from MMA and Rep. Vernon and Sen. Locke. Dunn /Levine VOTED: 5 -0 f) Notice from Mass. Dept. of Environmental Management re: Lecture series and exhibit, City and Town Commons: 300 Years of Caring for Green Spaces. g) Notice from Institute for Governmental Services re: Inter - Governmental Financial Affairs Forum, a Conference for Municipal Officials, Sept. 24, 1985. h) Notice of Training Program in Downtown Revitalization, from National Main Street Center /National Trust for Historic Preservation. i) Letter from Dept. of Public Works District Highway Engineer re: Memor- andum of Agreement for Chapter 90 apportionment to Mansfield for FY -86. j) Letter from Stephen Benoit, owner of Tremont Nursery, re: Permission to use a section of Town property to remove a small amount of material. - Mr. Benoit was present to answer questions. It is a piece of land that was a gravel pit; he wants to remove some gravel from Parcel 23, which he owns, and regrade for nursery stock. - The Chairman said he would like to have the agricultural exemption checked and have Benoit come back when his plans are definite; he BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 4, 1985 PAGE 7 thinks it may be in the area of an aquifer. - Selectman Mahana suggested the DPW Director and Town Manager look at it and come back with recommendations. k) Copy of Memo to Town Manager from Chairman D'Onofrio re: Cobb Street Sewer Interceptor Work. - The Town Manager reported this had been referred to Town Counsel and the Town is within its rights to be there. 1) Postcard from Selectman Levine, while vacationing. m) Memo to Board from Joan Cutillo re: Wastewater Treatment Plant Incident. - Chairman D'Onofrio pointed out what the August 21st Minutes contained; i.e., that the Town Manager was asked to impress upon the DPW Direc- tor the Board wishes to be kept informed. He also said that CDM is an advisor and, therefore, should keep its employer informed, which is the Board. - The Town Manager said Bill Handy is going to discuss chlorine leaks with the Norton Fire Chief. Week of August 29 - September 4, 1985 a) Interim Report from Army Corps of Engineers for inspection of WWTP August 21st. b) Letter from Army Corps of Engineers to Board re: Progress Inspection at WWTP September 17, 1985. c) Letter from NewEngland Telephone re: Petitions #85 -2 and 85 -3; one re- quires a public hearing and is scheduled for September 11th. d) Memorandum from Bristol County Commissioners re: County Tax for Fiscal Year 1985 -86. e) Copy of letter from CDM to Hope Building Co. re: Work on the fire alarm system at the new WWTP. f) Letter to Board of Selectmen from Paul Thibault re: Drainage easement across property he owns and wants to improve, on Franklin Street. - The Town Manager is to research and come back to the Board with a rec- ommendation. g) Memorandum from CD Area II Director re: Public Officials Conference, "Search and Rescue ", September 17th; referred to CD Director. h) Notice from Environmental Protection Agency re: Facilities Plan from Town of Foxborough . - The Chairman made note that a response had come from the Foxboro Selectman concerning the Agreement. The Board will have a work ses- sion on this September 12th at 3:00 P.M. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 4, 1985 PAGE 8 i) Memorandum from Land Use Administrator, Executive Office of Environ- mental Affairs re: Expired Open Space and Recreation Plan on file in their office; referred to Conservation Commission. j) Memorandum from Urban Self Help Program Coordinator re: 1985 Funding Round Application Deadline. Q Letter from Shelly Roberts re: Construction plans for the end of Creed - den Street. - Town Manager is to research and check with Conservation Commission (their denial was over -ruled by State), and submit report to Mrs. Roberts and Board. 1) Three Notices of Public Hearings from DPU. m) Memorandum from Deputy Secretary of State re: Elections Calendar and Selectmen's list. - Chairman D'Onofrio touched briefly on the proposed redistricting, noting that he is unhappy with the population for Precinct 4 and ex- pects to discuss it with Judy Scott. n) Letter from Tedi Hornung re: Resignation as Political Appointee to Self Help, Inc. Board of Directors. * MOTION: To send a letter accepting her resignation with deep regrets. Levine /Dunn VOTED: 5 -0 o) Letter from Atty. Burton L. Schafer re: His client, Nicholas C. Harris' interest in purchasing Town's interest in a parcel of land abutting certain parcels owned by Mr. Harris. - Town Counsel is to research this. p) Letter from Executive Office for Administration and Finance, Office of Real Property re: Available space for lease in town -owned buildings. - The Board felt the Town has none. q) Letter from Executive Office of Communities & Development re: Gov. Dukakis' new Housing Board sponsoring a Housing Forum in Attleboro, September 9th. - Selectman Mahana will try to attend. r) Memos from Police Chief re: Radar Citations and Disturbances Related to Licensed Liquor Establishments. s) Note and photo from Ralph Uva re: Fire house problem (size). t) Copy of letter from Town Counsel to Chairman of Planning Board re: Fox- boro Terminals /Water Protection Provisions. BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 4, 1985 PAGE 9 11. Old Business a) The Town Mnaager had received a Memo, and given copies to the Board members, from the DPW Director re: Septage Handling /Dumping Fees. He recommends an increase in the septage dumping fee from $10.00 to $15.00 per 1,000 gallons, and asked that it become effective September 9, 1985. He went on to evaluate different rates applied to out -of -town haulers. No vote or decision was made on either issue. b) Selectman Mahana said he had asked for amount of water pumped vs. water billed; he feels the DPW weekly report showing amount pumped can give a false security without knowledge of how much of that billing covers. c) Selectman McNair has received complaints about Crocker Street parking by commuters where it is posted as 2 -hour parking; this is occurring while the commuter parking lot is being paved. The police will check on this. It is hurting the businesses in the area. d) Selectman Dunn thanked the Board members for their expressions of con- cern while he was laid up, and for the beautiful basket of fruit. e) Selectman Levine asked if the Airport Commission auditor bill has been paid yet, and also would like to know if the Cate Springs wells have been cleaned and put back into operation. - The Chairman had learned the Airport Commission bill was still out- standing. Selectman Levine also asked about the dirty water filter Selectman McNair had at the last meeting. Selectman McNair said Olivera Labora- tories has checked it, and a report is coming. f) Selectman Levine then brought up a concern she has with the newly adopted policy covering Qualifications for Positions and Job Descriptions, and more particularly those in an "Acting" position, such as a Civil Service employee wherein exams are only given at specified and infrequent times and over which the Town has no control. She explained that to limit such an "acting" position could cause the loss of a good employee. There was discussion on this; the Chairman felt that public safety deserves the best there is, and if someone has not passed an exam and someone as well qualified has and is available, then he /she should be hired. g) The Chairman reminded members there will be a hearing on Foxboro Termin- als September 18th; also that Mark Audet has been given until September 10th to remove his dogs, otherwise the Dog Catcher will. 12. New Business a) The Chairman recognized Brad Dauphinee, Sr., of Cobb Street, who wished to call the Board's attention to a trailer which was permitted to re- BOARD OF SELECTMEN MINUTES OF MEETING ( SEPTEMBER 4, 1985 PAGE 10 main on someone's property as long as her father was alive; it has been about five years now since his death, and the trailer is still there. Town Counsel is checking into this. b) Selectman Levine expressed concern about industrial proposals which are being presented and, in turn, cause problems for the Town. She said the Town has industrial land next to residential land; she would like to see restrictive industrial zones and asked Al Boldrighini, who was present and a member of the Planning Board, if they are thinking of limiting industrial zones, changing' requirements, etc. .Al said they would like to create buffer zones. Chairman D'Onofrio said it is impor- tant that the Master Plan be completed first. Selectman Levine would like to see something put together for this year's Town Meeting. Al Boldrighini suggested a letter from the Selectmen to the Planning Board covering this issue. Chairman D'Onofrio said it would be a good topic for a joint boards meeting, probably in October. * MOTION: The Board send a letter to the Planning Board requesting that they prepare for a joint meeting with as much information as they have about industrial zoning, for October 9th. Levine /Mahana VOTED: 5 -0 c) Selectman Levine requested that a list be put together of all "No Through Trucking" signs in town which are legally installed. d) Selectman Levine then brought up the question of the ramp into CC &F from Norfolk Street, which has never been finished. * MOTION: That the Board petition to complete the access /egress ramp into the industrial park, cross -over of Rt. 140, from Norfolk Street. Levine /Mahana VOTED: 5 -0 * MOTION: Request that the Planning Board complete the surface on Nor- folk Street exiting east on new Rt. 140. Dunn /Levine VOTED: 5 -0 e) Selectman Dunn made the following Motion: * MOTION: That the Board recommend to John Larch that the street light be turned on opposite Clifford Pearl's house (446 Ware Street). Dunn/ Mahana VOTED: 5 -0 f) Selectman Mahana brought up what he sees as a dangerous problem at the intersection of South Main and West Street, where there are two lanes BOARD OF SELECTMEN MINUTES OF MEETING SEPTEMBER 4, 1985 PAGE 11 at the traffic light, but no indication as to which lane to use for straight through vs. left turn. He feels there is potential for seri- ous accidents there. * MOTION: To ask the DPW Director to study this intersection and make a report back to the Board. Mahana /Dunn VOTED: 5 -0 13. Adjournment The meeting was adjourned at 11:15 P.M. Date signed