HomeMy WebLinkAboutBOS MINUTES 5-14-1986BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 14, 1986
MAY 2 21986
PRESENT: Chairman McNair; Selectmen D'Onofrio, Mahana, Dunn, Harrington;
Town Manager
The meeting was called to order at 7:00 P.M. and the Flag saluted.
Planning Board
The Planning Board meeting was to discuss, and resolve, the Master Plan/
Growth Management Council issue so that work might begin on updating the
Master Plan via utilization of the joint grant with the Town of Norton and
City of Taunton. The Planning Director reviewed his "Community Plan ", copies
of which each Board member had received two weeks ago, and a sheet showing
the "1972 Comprehensive Plan" and "Proposed Update ". The Director had copies
of a recently updated Master Plan from both Walpole and Braintree and re-
ported their costs were in the range of $18,000 - $19,000 and took 8 -9
months. He pointed out that Mansfield has a roadway study, and a water study
just completed, or about to be, both of which he will use for analysis and
implementation. There were only three Planning Board members present.
Selectman D'Onofrio asked who is going to direct work on the Master Plan,
and where does the Growth Management Council fit in? Selectman Dunn said
he sees the Planning Director as the key individual. Planning Board member,
Steve Quinn, said his Board feels the ultimate authority should be the Town
Meeting, and the Growth Management Council would be primarily an advisory
committee, possibly breaking up into sub - committees. Selectmen Dunn,
D'Onofrio and Harrington voiced their agreement with the Council serving as
an advisory committee.
MOTION: To approve the concept of the comprehensive program for the Master
Plan update as presented by the Planning Director.
D'Onofrio /Mahana VOTED: 5 -0
Selectman Mahana voiced his frustration about getting this issue moving,
saying that after 35 minutes only three Planning Board members are here and
matters are still unresolved. The Planning Director said he wants to award
the consultant bid within the next three to four weeks; therefore the Growth
Management Council must be established. At this point, Selectman D'Onofrio
said he feels two important components of the community were left off the
Growth Management Council, and he would like to have one representative from
the business and industry community and one from the development community
as ex- officio members. He went on to say he wants the Growth Management
Council to take an overview of the Master Plan and the Council and the Plan-
ning Board should report to the Selectmen. The Growth Management Council
will make recommendations to both Boards. Selectman Dunn briefly ad-
dressed his concern over the handling of the zoning articles at Town Meet-
ing this year which, he termed a "disaster ".
BOARD OF SELECTMEN
MINUTES OF MEETING
( MAY 14, 1986
PAGE 2
* MOTION: That the Board of Selectmen appoint a member of the business com-
munity, a member of the development community and two other members
at large. The Planning Board will also appoint two members at large.
D'Onofrio /Mahana VOTED: 5 -0
* MOTION: The appointments will be made by next week. Harrington /Mahana
VOTED: 5 -0
3. Electric Department Bid Awards
John Larch, Electric Department Director, had two bid awards to make which
could not wait for the next Light Commissioners regularly scheduled meeting.
One was for wooden poles (normal turn - over); he had 3 bidders and recom-
mended Southern Wood Piedmont Co., with their unit bid.
* MOTION: To award the wooden pole bid to Southern Wood Piedmont.
D'Onofrio /Mahana VOTED: 5 -0
The second bid was for power cable, and John said he wants to split the
award: Items 1 and 2 to Hendricks Wire & Cable; Item 3, he has a problem
with the lowest bidder, because he has never heard of them, and the second
lowest bidder has moved their operation to Japan, which would make a long
delivery time. He would like to award this item to Columbia Electric Sup-
ply. From questioning by the Light Commissioners, the difference in cost
going with Columbia would be about $4,000.
* MOTION: To accept the bids as proposed by the Light Department Manager.
D'Onofrio /Dunn VOTED: 5 -0
4. Public Hearings /New England Telephone
Paul Champion, Outside Planning Engineer for the telephone company, was pre-
sent for the hearings for Petition #8 - 44 pole locations on Rt. 106, and
Petitions #9 and #10, pole locations on Edgewood Street and South Main. He
explained that Petitions #9 and #10 were for moving two poles back 5 feet
for deceleration, requested by the State, and placement of push braces.
The Return Receipts from abutters had been received, with one exception;
there were no questions from anyone present.
* MOTION: To approve both Petition #9 and #10. Harrington /D'Onofrio
VOTED: 4 -0 Dunn out of room
Petition #8 for 44 pole locations along Rt. 106 to the Easton line created
some questions as to possible underground placement, particularly because
the land was yet undeveloped, the recent Town Meeting had changed the zon-
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 14, 1986
PAGE 3
ing frontage which would change the present lot
stage. Consensus of the Board was that this sh
ordination from the Electric Department.
* MOTION: To close the hearing. D /Onofrio /Dunn
* MOTION: To take the request under advisement.
5. Robert Walsh
layout now in the planning
)uld be considered, with co-
VOTED: 5 -0
D'Onofrio /Dunn VOTED: 5 -0
Mr. Walsh had submitted an application for a Common Victuallers license to
be located in a mobile unit at Rt. 140 and Reservoir Street; he was going
on the belief that it was Town -owned property, but this has not been ascer-
tained and the Board of Assessors does not have the answer. Mr. Walsh's
alternative plan was to locate on Old North Clain Street, which he said is
owned by the Town as an abandoned roadway.
Chairman McNair voiced concern for the likelihood of many vendors, due to
the Great Woods Performing Arts Center. Selectman Mahana said he would have
to think about anybody utilizing Town -owned property. Selectman D'Onofrio
said he doesn't want the Board to make a decision which may become a poten-
tially dangerous traffic area; that public safety is the issue. Selectman
Dunn said he would like to review some legislation and come up with a policy
to restrict various similar activities. Mr. Walsh asked if the decision
could be tabled until after two or three performances and an appraisal can
be made. The Chairman advised him that he could come back later and, if his
application is denied, everybody else's will be also. Selectman Harrington
spoke of consideration for the developer and his concessions. The Town Man-
ager advised theBoard to look at the law on Transient Vendors.
MOTION: To table the request at this particular time.
D'Onofrio /Harrington
Town Treasurer /Collector
VOTED: 4 -0 McNair abstained
Joan Cutillo was present at the request of the Board to discuss ambulance
fees and excise tax collections. Joan gave the Board members a copy of the
procedure she follows for Delinquent Bills and Uncollectible Excise, and
briefly reviewed it. She said it works very well, especially since a law
was passed which allows the Treasurer /Collector to hold hearings and revoke
licenses. Joan said she has an outstanding balance of $211,000 through 1979;
she spoke with the Assessors tonight and they will abate the bills 4or..:1970,
'and 1979, having previously agreed to abate bills for 1972 through 1977.
MOTION: To accept the Treasurer /Collector's request to abate the bills
through 1979.
Harrington /Dunn VOTED: 4 -0 D'Onofrio out of room
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 14, 1986
PAGE 4
Concerning ambulance bills, Joan said there are no specific laws, and there
must be a law in order to take any action. She said towns and cities handle
bills many ways. She is presently working on a list of outstanding bills,
commenting that her records do not agree with those of Medicomp's. She
asked that if the Board decides to take action, a warning letter go out
first. Asked about the ambulance revolving fund, she said there is not
enough money in it to buy a new ambulance.
Referring to the Medicomp's records not agreeing, Selectman Harrington sug-
gested pulling the contract. The Town Manager recommended having himself
and the Treasurer /Collector work on a method to reconcile the records, and
to look into another billing service. The billing service is reimbursed ac-
cording to the amount billed, not collected. The Town Manager said it
would take about $60,000 per year to maintain a leased ambulance and up -keep.
* MOTION: That the Board of Selectmen suspend any further relationship with
Medicomp's in thirty (30) days unless and until a full and complete
accounting of receivables is made to the satisfaction of the Board
of Selectmen.
D'Onofrio /Harrington VOTED: 3 -2
7. Minutes of Mav 7. 1986
* MOTION: To approve the Minutes of May 7, 1986. Harrington /Dunn
Selectman D'Onofrio pointed out an error in wording in the first
paragraph on Page 7, which should indicate the Board's position
on sewage, not opposition.
VOTED: To approve as amended: 5 -0
8. Warrant #49
* MOTION: To approve Warrant #49 in the amount of $1,604,332.54, dated
May 14, 1986, broken down as follows:
General Fund -
Revenue Sharing -
School Lunch -
Special Revenue -
Sewer Enterprise -
Water Enterprise -
Electric Enterprise
Mahana /Dunn VOTED: 5 -0
$652,558.86
1,675.38
4,945.60
102,719.31
9,093.00
34,703.44
798,636.95
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 14, 1986
PAGE 5
9. Licenses & Permits
a) Junk Dealer's License for Carl Clemmey, Inc., 390 West Street; a
renewal.
* MOTION: To approve the renewal of Carl Clemmey's Junk Dealer License.
D'Onofrio /Dunn VOTED: 5 -0
b) Transfer Request #37, Patriotic Holiday Account for $116.55, needed
because of increase in number of flags needed due to increase in vet-
eran deaths.
* MOTION: To approve Transfer Request #37 in the amount of $116.55.
Dunn /D'Onofrio VOTED: 5 -0
c) Transfer Request #38, Public Buildings Expense, $361.00.
* MOTION: To approve Transfer Request #38 in the amount of $361.00.
Mahana /Dunn VOTED: 5 -0
10. Juror Selection
a) New Bedford Superior Court, Criminal Session, June 2, 1986
- Elsworth 0. Beach, 1438 West Street
- Andrew Caporrella, 480 Fruit Street
- Edith B. Becktol, 36 Erin Drive
b) Fall River District Court, Criminal Session, 6 -man jury, June 2, 1986.
- Anthony Pellegrini, Jr., 88 Angell Street
c) New Bedford Superior Court, Criminal Session, July 8, 1986
- Joseph L. Sousa, Jr., 266 Pratt Street
11. Correspondence
a) Letter from Joseph Zeneski re: Permission to borrow Vanesse- Hangen Mans-
field Roadway Management Plan.
- The Town Manager said the Board policy requires the department head
to be addressed which, in this case, would be the Town Engineer, and
such documents cannot be removed from the building; if someone wants
a copy of something, he must pay per copy. Consensus of the Board
was to stick to the policy.
b) Letter from Douglas King Management for Rolling Pines Associates re:
Complaint of dogs and cats roaming, from Mansfield, onto Rolling Pines
property. This will be referred to the Dog Officer.
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 14, 1986
PAGE 6
c) Letter to the Board from Chairman of Zoning Board of Appeals re: Request
to have Town Counsel review the Village at Mansfield Depot, Francis Ave.,
application renewed - and to attend their hearing May 22nd.
- They are to be advised that such requests go to the Town Manager.
d) Copy of letter to State DPW from Rep. Vernon re: Signing along Routes
495 and 95 in connection with the Great Woods Performing Arts Center.
e) Letter from Executive Office of Energy Resources re: Extended Energy
Conservation Improvement Program, Cycle 2.
- It was suggested that this be looked at for the Highway Garage and
Town Hall.
f) Memorandum from Town Treasurer /Collector re: Decree of foreclosure cover-
ing tax lien case for property off School Street assessed to Florence R.
Clark.
g) Letter to the Board from Jean Thurber re: No Parking signs on Samoset
Ave.
- The Town Manager reviewed what preceded this letter; he was asked to
find the original Permit to see exactly how it reads.
h) Copy of DEQE Environmental Profile, April 1986.
i) Copy of letter from Mansfield Emblem Club to Paul Split, Recreation Dir-
ector re: Bill for towing.
- This is confusing; the Town Manager will talk to Paul.
j) Letter to the Board from President of North Attleboro /Plainville Chamber
of Commerce re: Invitation to a Chamber luncheon on May 22nd.
k) Copy of letter from Town Manager to R.A. Cataldo & Associates, Inc.,
Attleboro, re: Bid award for design and engineering services for traffic
signal installation at Forbes Blvd. & West Street.
1) Copy of letter from Tom Manager to Board of Health re: Septage Hauling
License, Bristol Arms Management Co.
- The Board of Health will address this tonight.
m) Copy of letter to Town Manager from Town Counsel re: Landfill Engineer-
ing Funds.
n) Copy of letter to Town Manager from Town Counsel re: "Head tax" for
Great Woods Center.
12. Charles Sudhop /Stearns Ave.
Mr. Sudhop, of 115 Stearns Ave., said he was here representing the citizens
of Stearns Ave. regarding Village II Condominium Complex, a subdivision
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 14, 1986
PAGE 7
adjacent to Bristol Arms Apartments. Their concern is with the leaching
fields being proposed for two buildings on Lot 3 on Erick Road. A new
owner has taken over ownership of the property, since the subdivision was
approvedby the Zoning Board of Appeals several years ago. The original
plans, filed in 1970, showed no wetlands; however as the project progressed
wetlands became apparent. Leaching fields were relocated and redesigned.
These leaching fields are adjacent to wetlands that do not meet with State
regulations of 100 feet. The residents are concerned for effect from these
leaching fields on their health and safety of their families. Mr. Sudhop
went on to say the leaching fields are being pumped every day at Bristol
Arms which indicates failed systems, and this can affect the water supply.
They urged the Town to require sewer systems out to the Bristol Arms com-
plex .
The Town Manager responded by indicating it is true, raw sewage is being
hauled to the sewer plant almost daily. He, Town Counsel and the Building
Inspector were out there this afternoon to look at the situation. He said,
however, this is a Board of Health issue, not Board of Selectmen, and he
understands the Board of Health is addressing it at tonight's meeting (the
Stearns Ave. group had just come from that meeting).
Selectman Mahana figured it to be approximately 12 miles from Bristol Arms
to the interceptor for sewering, and suggested having dialog with the owner
of both Bristol Arms and the new condos for a voluntary sewer project. The
Board was advised that there are already some occupants with temporary
Occupancy Permits, for Lot 2, having received approval of the Board of Health
as of April 9, 1986. The Town Manager suggested bringing the developer be-
fore the Board for a serious discussion. Selectman Dunn suggested appeal-
ing the Building Inspector's decision on Occupancy Permits.
* MOTION: To have Town Counsel seek Temporary Restraining Order to cease and
desist because of public health issue and, possibly, the permit
already given was in violation of State statute.
D'Onofrio /Dunn VOTED: 5 -0
The residents spoke of a Cease and Desist order given by the Planning Board
last week and couldn't understand why it hadn't been issued. It was ex-
plained'. that all the Planning Board can do is recommend that one be issued.
The residents spoke of 23,000 gallons pumped out on April 18th from the new
building! Selectman D'Onofrio referred to the defeated article at Town
Meeting which would have spurred incentive for sewers.
13. Old Business
a) Selectman Harrington asked about the proposed sewer rates. The Town Man-
ager said they are still working on them; the senior citizens rates for
water and sewer have presented problems. CDM is to develop a proposal
on the sewer rates because of their expertise on the WWTP.
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 14, 1986
PAGE 8
b) Selectman D'Onofrio said he wanted to thank those responsible for clean-
up the Winthrop Street parking lot, but please put a trash barrel dorm
there.
c) At this time the Town Manager announced the Planning Board's appoint-
ments to the Growth Management Council, which had just been handed him:
Ron Doucette and Paul J. Folkman.
14. New Business
a) The Town Manager advised that he has received a recommendation from the
Police Chief that there should be no parking on either side of Chauncy
Street between Copeland and Rt. 140.
* MOTION: To initiate the proper steps for No Parking on Chauncy Street
between Copeland and Rt. 140, both sides.
Dunn /Harrington VOTED: 5 -0
b) Selectman D'Onofrio said as a second component to compliment the Master
Plan, he would like to establish a Charter review looking to the next
five to ten years; he suggested scheduling a session with Town Counsel
and /or other staff.
c) Selectman Dunn reported there is a meeting for the residents with the
developer of the former Foxboro Terminals parcel tomorrow night; an
evening when the Board members have another meeting. He said he wants
to commend the developer for asking for resident input. The Town Man-
ager said he, Town Counsel and the Planning Director met the developer
at the site today; there is a concern for drainage.
d) Selectman Dunn said the Town Manager's contract revision is ready for
review and signing.
* MOTION: To authorize the Chairman to sign the Town Manager's contract.
D'Onofrio /Mahana VOTED: 5 -0
e) Selectman Harrington expressed concern for a report that Mansfield's
crime rate is up 50 %. He said he would like the Board to meet with the
Police Chief and Town Manager to discuss this.
f) Chairman McNair then outlined the summer schedule for Board meetings:
June 4th & 18th, July 2nd, 16th and 30th, August 13th and 27th.
* MOTION: To go into Executive Session for the purpose of discussing con-
tract negotiations; to come out only to adjourn.
t D'Onofrio /Dunn POLLED: 5 -0
BOARD OF SELECTMEN
MINUTES OF MEETING
MAY 14, 1986
PAGE 9
MINUTES APPROVED:
Date signed