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BOARD OF.SELECTMEN , JAN I E 1,9(%'
MINUTES OF MEETING(
JANUARY 8, 1986 )�� N CL fly
PRESENT: Chairman D'Onofrio; Selectmen Dunn, McNair, Mahana; Town Manager
Selectman Levine arrived at 7:43 P.M.
1. The meeting was called to order at 7:30 P.M. and the Flag saluted.
2. Minutes of December 30, 1985
3
2
MOTION: To approve the Minutes of December 30, 1985. Dunn /McNair
VOTED: 4 -0
Warrant #30 and #31
MOTION: To approve Warrant #30 in the amount of $118,054.42, dated and
signed December 31, 1985, broken down as follows:
General Fund - $ 99,419.53
Special Revenue - 984.00
Sewer Enterprise - 4,043.37
Water Enterprise - 3,184.19
Electric Enterprise - 10,423.33
McNair /Dunn VOTED: 4 -0
MOTION: To approve Warrant #31 in the amount of $740,426.18, dated Janu-
ary 8, 1986, broken down as follows:
McNair /Dunn
Licenses & Permits
General Fund -
$611,926.72
Revenue Sharing -
104.72
School Lunch -
5,565.93
Special Revenue -
13,315.40
High School Roof -
12,141.95
Motor Pool -
155.80
Sewer Enterprise -
30,270.77
Water Enterprise -
56,136.64
Electric Enterprise
- 10,808.25
VOTED: 4 -0
a) The Town Clerk's Census Report indicating total population and count
for each of the 4 precincts was signed.
MOTION: To certify the precincts and total population as presented
by the Town Clerk.
McNair /Dunn VOTED: 4 -0
BOARD OF SELECTMEN
MINUTES OF MEETING
( JANUARY 8, 1986
PAGE 2
b) Transfer Request #7 in the amount of $40.00 for Assistant Inspector
Fees for the month of December.
* MOTION: To approve Transfer Request V. McNair /Dunn VOTED: 4 -0
c) Transfer Request #8 in the amount of $1,638.33 for Electricl Inspector
Fees for the month of December.
* MOTION: To approve Transfer Request #8. McNair /Dunn VOTED: 4 -0
d) Application for renewal of Lodging House License, Billing's Rooms,
Peter J. Fontanini, 18 Thomas Street.
* MOTION: To approve the Lodging House License Renewal. McNair /Dunn
VOTED: 4 -0
e) Application for Common Victualler License Renewals for:
Happy China Restaurant, 30 Chauncy Street
Mansfield Coffee Shop, Mansfield Train Station
( * MOTION: To approve the two Common Victualler License Renewals:
McNair /Dunn VOTED: 4 -0
f) Application for Live Entertainment, Weekdays Only, J.E.P.J., Inc., d /b /a
Tahana Restaurant, 60 Oakland Street.
* MOTION: To approve the Live Entertainment, Weekdays Only License.
McNair /Mahana VOTED: 4 -0
g) Application for Sunday Entertainment License, by J.E.P.J., Inc., d /b /a
Tahana Restaurant, 60 Oakland Street.
* MOTION: To approve the Sunday Entertainment License.
McNair /Dunn VOTED: 4 -0
h) Application for Constable, Jeffrey M. Simmons, 50 Pine Needle Lane.
* MOTION: To approve the Constable Application, subject to receipt of
bond in the amount of $5,000.
McNair /Dunn VOTED: 4 -0
i) Sewer Connection Permit Application, by John J. Dei, 180 Rumford Ave.,
( residential multiple.
*
BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 8, 1986
PAGE 3
* MOTION: To approve the Sewer Connection Permit for John J. Dei.
McNair /Dunn VOTED: 4 -0
5. Correspondence
a) Letter from Louis Diamond advising he will not seek re- appointment to
the Board of Health.
b) Copy of EPA "Chemical Emergency Preparedness Program; Interim Guidance ".
c) Copy of New England Environmental Network News.
d) Letter from the Chairman of the Planning Board re: Gelerman & Cashman
(attorneys) bill for Foxboro Terminals.
* MOTION: To approve the bill in the amount of $700.00. McNair /Dunn
VOTED: 5 -0
e) Letter from Administrative Assistant of Plainville re: Meeting in Febru-
ary to discuss a mutual approach to implementing recent Hotel /Motel
Excise Tax.
- The Chairman asked for clarification of the date (day and date as given
do not agree); if it is not a Monday, he would like to attend.
f) Copy of letter from the Planning Board Chairman to Douglas A. King
Builders, Inc., re: Canoe River Estates Subidivison unfinished work.
g) Notice from Dept. of Revenue re: Minimum amounts for 1986 bonds for
Treasurer, Collector of Taxes, and Town Clerk.
MOTION: To approve the sum of $128,000 for the 1986 bond of the Treas-
urer, $128,000 for the 1986 bond of the Collector of Taxes,
and the sum of $6,500 for the 1986 bond of the Town Clerk.
McNair /Mahana VOTED: 5 -0
h) Bulletin of Mass. Dept. of Revenue, Division of Local Services, re:
Municipal Data Bank: How It Can Help You Budget, Plan and Analyze.
i) Letter from Army. Corps of Engineers re: Progress Inspection of WWTP on
January 14, 1986.
j) Legal ad of Planning Board Public Hearing re: Proposed subdivision of
parcel off Fruit Street; accompanying map shows its location as near
WWTP and Airport.
k) Copy of Memorandum to DPW Office Manager from the Town Manager re:
DPW /Engineering Dept. reorganization.
BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 8, 1986
PAGE 4
1) Letter to Board from Larry Harrington re: Additional suggestions for
cable broadcasting various town /board meetings.
m) Memo from Chairman of Airport Commission re: Joint Board Meeting sched-
uled for January 22nd.
6. Luther Grant
The Clerk read a letter from Patricia C. Grant requesting permission to tie
in to the Mansfield water main approximately 60 feet from the house she
owns at 230 N. Washington Street, Norton; the well on this property is con-
taminated. Attached to her letter was one from the Norton Board of Water
Commissioners supporting the request. It also stated that the Grants under-
stand that the permission granted is only temporary until Norton water is
available, and that Mr. Grant is required to pay all charges relative to
the service connection.
Mr. Grant was present to answer any questions. Selectman Levine asked if
he had any estimate of length of time this connection would be needed; he
felt it could be a year, saying there i -s a developer who owns land across
the street from his house and has talked to the Norton Water Commissioners
about running a water main down Washington Street from Essex. Selectman
Levine also questioned which town would answer a fire call; it was estab-
lished that there is a hydrant there, and either town could connect. Sel-
ectman Duhn. said Mansfield has a similar situation on Stearns Ave. where
Easton supplies water.
* MOTION: To_grant permission to the Grants to hook into the Mansfield water
system until such time as water is available from Norton.
Mahana /McNair VOTED: 5 -0
7. Public Hearing /Mass. Cablevision
The Clerk read the Notice of Hearing. William J. Mara, Vice President of
Mass. Cablevision, Mo Prasad, Chairman of Cable Access Corp. were present.
The Clerk also read a letter from Town Counsel advising that he has re-
viewed the proposed transfer of the cable television license from Mass.
Cablevision Systems, Inc. to Mass. Cablevision Systems Limited Partnership
and finds the agreement in proper form for execution.
Mr. Mara explained that the license transfer to a limited partnership was
for long -term financial stability, and that it will have no affect on the
viewers. He said the investors, a subsidiary of North American Phillips
is a silent partner, owning 25% of the company, and the actual transfer
took place September 25, 1985. Mass Cablevision, however, wanted to bring
the matter to the attention of the Board in order %keep an open line of
communication and preclude any misunderstandings now or in the future.
Selectman Levine then brought up the subject of rate increase. Mr. Mara
said there will be a rate increase as soon as they are allowed to do so.
He said Mansfield received the longest guarantee on rate, but that will ex-
BOARD OF SELECTMEN
MINUTES OF MEETING
( JANUARY 8, 1986
PAGE 5
pire in March; then take at least 30- days „before it becomes effective. fie said, although the full Basic will increase 40%, they now offer "Packagees"
which can reduce total increase for a subscriber. No hearing is required
for rate increases. As a final note, Mr. Mara advised the Board that he had
prepared a Resolution as a vote to accept the transfer, which the Clerk
then read.
* MOTION: To accept the Resolution: Levine /Dunn VOTED: 4 -0 Mahana out
of 'room
8. Ron Bonvie and Ron Webster
Mr. Bonvie had asked for time to discuss a project; John Pollis was present
with Mr. Bonvie, and Ron Webster joined them a little late. Ron Bonvie is
to construct a sewer extension from Wood Street to the rear of the property
Mr. Webster plans to build on at 272 Chauncy Street; D'Angelo's new build-
ing next door to the Webster property will also connect. Mr. Bonvie came
with plans to show his proposed construction and to answer any questions
from the Board. The Town Manager said he and the new Town Engineer had dis-
cussed this request today, and there were points to be considered before
granting a permit, which he then enumerated (see attached Memorandum to Town
Engineer).
Concern was expressed by Mr. Bonvie about the proposed easement becoming a
public access way because the residents in-the-area had been assured this
would hot happen, and the one lot had been "wrapped" around" into the ease-
ment to, prevent such an access play. Bonvie said, also there was a retention
pond created there.
Discussion followed covering slope, type of cover for the easement, assur-
ance that the sewer line be subject to meeting all sewer requirements, and
the Town Engineer to oversee installation. Selectman Dunn wanted to see a
more definitive plan to show what Bonvie is going to do; he said there is a
plan on file approved by CDM, he believes, showing what Bonvie is asking
for. The Town Manager suggested slope verification by instrumentation, in-
flow out -flow tests, survey of structures, 20 foot wide easement to Rt. 106
with a cross - section showing cover, a detail of the stream crossing (pipe
clearance), etc. Mr. Bonvie said he could have everything ready for pre-
sentation to the Board next week.
9. Jack Dwyer /Clemmey Covenant
Jack Dwyer, Town Counsel, had discussed the Clemmey covenant with Clemney's
attorney and was before the Board to request that they have the Town Clerk
file a certificate stating that no vote was taken by the Board of Selectmen
and no vote was taken by the Town Meeting relative to the covenant. He said
this, in no way, would obligate the Town. The certificate is to be filed
with the Register of Deeds.
* MOTION: Request the Town Clerk to file such a certificate. McNair / Mahana
RESOLUTION
WHEREAS, the Town of Mansfield granted a final license dated 12/2/82 ,
authorizing the construction and operation of a cable television system
to Massachusetts Cablevision Systems, Inc. ( Company); and
WHEREAS, Company has constructed and is operating said cable television
system; and
WHEREAS, Company, as represented during the licensing process, has
pursued additional monies; and
WHEREAS, the Company has become a partner in a limited partnership to
obtain said additional monies; and
WHEREAS, said limited partnership is known as Massachusetts Cablevision
Systems Limited Partnership (Partnership); and
WHEREAS, the Company has transferred the final license from the Company
to the Partnership; and
WHEREAS, within the context of the Partnership, the Company shall retain
control; specifically as regards the provision of cable television
service as required by the terms and conditions of the final license;
and
WHEREAS, for the reason set forth in the inmdiately preceding clause,
the Massachusetts Cable Television Commission has aranted approval of
the transfer of the license subject to the Partnership complying with
the terms, conditions and obligations of the final license as set forth
in the Application for Transfer of the final license; and
WHEREAS, the Partnership, in the promised spirit of cooperation and
understanding and to assure continued reliable cable television service
to the residents of the Tovm, is desirous of the Town's acknowledgement
and consent of the transfer;
NOW THEREFORE BE IT RESOLVED that the Tawn, in the same promised spirit
of cooperation and understanding and to assure continued reliable cable
television service to its residents, hereby grants its acknowledgement
and consent to the transfer of the final license from Massachusetts
Cablevision Systems, Inc. to Massachusetts Cablevision Systems Limited
Partnership.
TOWN OF MANSFIELD, MASSACHUSETTS
50 West Street, Mansfield, MA 02048
MEMORANDUM
TO: Joe Campo, Town Engineer 1
FROM: Rande Wilson, Town Manager g� o
DATE: January 9, 1986
RE: Wood Street Sewer Extension
The Board of Selectmen /Sewer Commissioners deferred approval of the
above referenced sewer extension until all of the following informa-
tion is received and activities completed:
1) Submission of a legally binding easement for installing, main-
tenance and repair of a sanitary sewer from Creeden Street to
the sleeve under Rt. 106. This easement to be conveyed to
the Town of Mansfield, and be a minimum width of twenty feet
(20'.).: The document should be recorded with the Register
of Deeds and approved as to form by Town Counsel.
2) Verification of slope of the existing 12" sewer by instrumen-
mentation, plus a low flow test for inflow.
3) Completion of a condition survey by the Engineering Depart
meet of all existing structures. Any deviations from Town
standards to be brought up to specifications prior to issu-
ing the Sewer Connection Permit.
4) Submittal of a complete set of as -built plans, certified by
a Registered Civil Engineer, of the existing sewer.
5) The easement area between Creeden and Wood Streets to be con-
structed as a lawn area. Appropriate barriers to prevent
traffic flow (i.e., large stones) at both ends of the ease-
ment.
6) Submittal of a complete set of construction drawings and spec-
ifications, certified by a Registered Civil Engineer for the
proposed extension, including lateral connections; this plan
should include detail of the proposed stream crossing and
the cross - section of cover material, including type of hard
surface over the easement.
7) The completed sewer will not be accepted nor will a Building
Occupancy Permit be issued until the proposed sewer is con-
structed to Town specifications, tested for inflow /outflow,
and slope verified by instrumentation. Further ,.complete and
certified as- builts must be submitted.
Memo to Town Engineer
January 9, 1986
Page 2
8) All costs to be borne by the developer(s).
RJW:ebh
cc: Building Inspector
Ron Bonvie
Ron Webster
Board of Selectmen
BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 8, 1986
PAGE 6
Jack Dwyer then reviewed the purpose of the covenant, which was to rezone
that parcel of land, on South Main Street, and any utilities required for
development would not be the responsibility of the Town. The Town was made
a part of the agreement, therefore, since no vote was taken by the Town,
there is no agreement (covenant).
Selectman Dunn pointed out that a zoning issue goes before the Planning
Board, so he would like their records studied, because that could indicate
whether or not the Town is involved. It was pointed out, also, that there
was a case in the Land Court concerning a portion of this covenant, at the
time the Great Woods Performing Arts Center matter was being considered;
the case was adjudicated. Selectman Levine suggested the Town accept the
covenant now. Town Counsel said there is a time limit on covenants and it
has been three years since this covenant was formulated. Town Counsel said
the suggested certificate would allow the property owner (Clemmey) to de-
velop the property. Chairman D'Onofrio expressed concern for the amount
of time spent on one individual and said he feels the opposition is directed
at the individual, not the issue. Selectman Levine then questioned Town
Counsel about his statement of a year or so ago that he could not represent
the Town in a case against Clemmey because at one time he had represented
Clemmey. Jack Dwyer said that was when there was a suit by Clemmey against
the Town; this case does not represent a suit.
VOTED: To vote on the Motion 3 -2 Levine and Dunn opposed
VOTED: On the Motion 3 -2 Levine and Dunn opposed
Selectman Dunn then asked that the Minutes show the reason he is against
the motion is because he feels that based on the records of the Minutes
there is enough information for the Town Clerk to do her job.
Selectman Levine then asked Town Counsel why he called Rande and told him
not to pursue an issue she had asked him to, which was to call the U.S.
Attorney's office in regard to a preliminary hearing that was held on the
fire truck problem. Selectman Levine was hoping to receive the result of
the hearing. Selectman Mahana jumped in at this point to vehemently point
out to Selectman Levine that she was in violation of State statutes and
jeopardizing privileged information, that the subject she is referring to
originated in an Executive Session. Selectman Dunn said what Selectman
Levine was asking was asked of Senator Locke in open session. Chairman
D'Onofrio said Town Counsel had cautioned the Board not to make public ref-
erence about such an issue. Selectman Dunn said he would like to see the
Minutes of the Executive Session. Chairman D'Onofrio said public question-
ing exposes the Board to possible legal suits. Selectman Levine asked Jack
Dwyer why he interceded as a member of the Board. The Town Manager then
said it was not legal advice by Town Counsel, it was Jack Dwyer saying to
him, "don't dirty your nose by getting into it ", since he wasn't involved
at the beginning. The Town Manager said it was a matter that he mentioned
to Town Counsel, along with other topics they discussed, on the phone. The
BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 8, 1986
PAGE 7
discussion ended with Selectman Mahana asking that the Minutes show that
at the start of this discussion he had advised not discussing privileged
information.
10. Old Business
a) The Town Manager advised the Board that he has a signed Memorandum of
Agreement between the Firefighters Union and the Town, subject to rati-
fication by the Union and funding by Town Meeting. He then reviewed
the points included: 2 -year contract commencing July 1, 1985; addition
to Hours of Work to enable Chief to assign new recruits to day shift
for a period not to exceed two months; Uniform allowance of $250, Uni-
form cleaning allowance of $300; assignment for overtime shall be made
by the Chief, or designated representative, and shall be distributed
among regular employees on a rotating basis, with injured or sick leave
or attendance at Fire Academy not entitled to make up overtime missed;
all steps of pay schedule shall be increased by an amount equal to 6%
effective July 1, 1985 and again effective July 1, 1986; payment of
$200 to member of bargaining unit assigned as EMT Coordinator; addition
to Overtime that a member of the bargaining unit engaged in collective
bargaining negotiations shall not be assigned to unscheduled overtime
during said bargaining session; Extra Paid Details shall be compensated
at the rate of time and a half at the employee's rate of pay, with a 4-
hour minimum. The Agreement is also subject to the parties withdrawing
their charges and dismissal of same before the State Labor Relations
Board. The Town Manager recommended approval, subject to stated terms.
* MOTION: To approve the Memorandum of Agreement between Local 1820 Inter-
national Association of Firefighters and the Town of Mansfield,
subject to ratification by Union members, funding by Town Meet-
ing, and execution of a collective bargaining agreement.
McNair / Mahana VOTED: 5 -0
The Town Manager then cautioned that Chapter 150 E of Mass. General
Laws covers time for funding and this needs to be studied, with
the possibility that it will require a Special Town Meeting.
b) The Town Manager then said another need for a possible Special Town
Meeting is that due to the damage from Hurricane Gloria, various depart-
ment are having to spend from their appropriated funds for necessary
repairs. There is a time period under which these repairs and expense
must be made in order to qualify under the grant for hurricane damage;
then appropriated funds will be depleted before the end of the fiscal
year.
c) Selectman Levine thanked the Town Manager for having the pot hole at
the corner of Walnut and West Streets filled.
BOARD OF SELECTMEN
MINUTES OF MEETING
JANUARY 8, 1986
PAGE 8
d) Selectman McNair said he would now like to see the DPW remove the Santa
Claus and reindeer from the Common.
11. New Business
a) The Chairman had received a request from Paul O'Neill, the Board's
representative to GATRA, for a letter of support of GATRA's request to
erect signs (total 19) in town directing commuters to the train station
and parking areas. The planned signs are oversize, so the matter re-
quires a hearing before the Zoning Board of Appeals. Chairman D'Onofrio
said he had prepared a letter for Board approval.
* MOTION: To support the GATRA request and the Chairman's letter to
the Zoning Board of Appeals.
McNair /Dunn
Selectman Dunn expressed concern, at this time, for anything making it
easier for more to find the parking areas, and suggested not putting up
so many signs. He said he supports the concept, but would like it min-
imized until the parking situation has been alleviated. Chairman D'Ono-
frio suggested going back to the GATRA representative with the Board's
feeling on this.
* MOTION: To table . Levine/ FAILED: 1 -4
* Original Motion VOTED: 4 -1 Levine against
b) Selectman Dunn mentioned what he considers a dangerous situation at the
turn off Cottage Street onto North Main; he would like to have the num-
ber of parking spaces reviewed, because vehicles are jeopardized when
parked so near the corner as it is presently."
c) Selectman Dunn suggested that if a Selectman makes a request of the Town
Manager and someone else feels the Town Manager should not do w`.at is
requested, he should hold off until it is checked with the person,who .
made the request. Chairman D'Onofrio asked that this not be pursued.
d) Selectman Mahana requested that the January 29th meeting be changed to
another day since he and Selectman McNair will not be available that
night. The meeting date was set tentatively for Monday, January 27th.
e) The Town Manager informed the Board that the Finance Committee will be-
gin review of the Budget Tuesday, January 21st, and meet each Tuesday
thereafter.
12. Old Business (cont'd)
Larry Harrington, from the floor, inquired about the Nabisco sewer bill
BOARD OF SELECTMEN
MINUTES OF MEETING
i JANUARY 8, 1986
PAGE 9
abatement request. The Town Manager said it is being studied by the Town
Accountant and the Town Engineer will be looking at it also.
13. Adjournment
* MOTION: To adjourn (at 10:07 P.M.) Mahana /McNair VOTED: 5 -0
Date signed
i