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
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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