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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