HomeMy WebLinkAboutBOS MINUTES 7-30-1986•� i'' fit:
BOARD OF SELECTMEN
MINUTES OF MEETING
JULY 30, 1986
�AU�G. �1 5 yR36
PRESENT: Chairman McNair; Selectmen Dunn, D'Onofrio, Mahana, Harrington;
Town Manager
1. The meeting was called to order at 7:30 P.M. and the Flag saluted.
First order of business was a request by Attorney Stephen T. Kunian, by
letter to the Board of Selectmen, for ". . assent to a Collateral Assign-
ment of Lease and execution of an Estoppel Agreement" for Corrofab. Mr.
Lang, Executive Vice President of Corrofab,..was present to explain that
Guaranty -First Trust Company is lending Corrofab $1,000,000.00 and this as-
sent is needed because the Town holds title to the property until final pay-
ment is made. He said this money will provide working capital and steady
growth for the company and, should Corrofab default, the bank would step
in to take over.
MOTION: To approve the Collateral Assignment of Lease and execution of
an Estoppel Agreement.
D'Onofrio /Harrington VOTED: 5 -0
MOTION: That the Clerk sign the documents as representative for the Board
of Selectmen.
D'Onofrio /Harrington VOTED: 5 -0
2. Minutes of July 14 & 15,• 1986
MOTION: To approve the Minutes of July 14 and 15, 1986.
Harrington /D'Onofrio VOTED: 5 -0
3. Warrants #58, #5, #6, #7
MOTION: To approve Warrant #58 in the amount of $837,032.86, dated June 30,
1986, broken down as follows:
General Fund - $795,267.96
Revenue Sharing - 1,926.38
Special Revenue - 355.39
Sewer Enterprise - 8,815.70
Water Enterprise - 30,667.43
$837,032.86
Cash - 753,638.00
Warrant Pay -$ 83,394.86
BOARD OF SELECTMEN
MINUTES OF MEETING
i JULY 30, 1986
PAGE 2
* MOTION: To approve Warrant #5 in the amount of $914,021.01, dated July 15,
1986, broken down as follows:
General Fund -
$423,452.02
Special Revenue -
993.85
Water Enterprise -
4,298.45
Electric Enterprise
- 485,276.69
Mahana /D'Onofrio VOTED: 5 -0
* MOTION: To approve Warrant #6 in the amount of $480,939.24, dated July 22,
1986, broken down as follows:
General Fund - $376,060.49
Revenue Sharing - 50,843.46
School Lunch - 2,924.04
Special Revenue - 16,830.30
Sewer Enterprise - 6,251.01
Water Enterprise - 5,190.47
Electric Enterprise - 22,839.47
Mahana /D'Onofrio VOTED: 5 -0
* MOTION: To approve Warrant #7 in the amount of $234,205.88, dated July 29,
1986, broken down as follows:
General Fund -
$138,794.52
Revenue Sharing -
7,422.90
Special Revenue -
14,151.19
Sewer Enterprise -
3,994.84
Water Enterprise -
4,645.46
Electric Enterprise
- 65,196.97
Mahana /D'Onofrio VOTED: 5 -0
4. Licenses & Permits
a) Hackney License Application by Michael D. O'Donnell, d /b /a OD's Taxi
Service, 34 Baker Street, Foxboro. Mr. O'Donnell was present; said he
wishes to expand his service into Mansfield. At present he has just
one vehicle.
* MOTION: To approve the application of Mr. O'Donnell for a Hackney
License.
Mahana /Harrington VOTED: 5 -0
b) Application for Automatic Amusement Machines (2), by Keith E. Larsen,
Dee -Kel Corp, d /b /a Clean Machine, 242 Chauncy Street; two video -type
machines.
BOARD OF SELECTMEN
MINUTES OF MEETING
JULY 30, 1986
PAGE 3
MOTION: To approve the Automatic Amusement Machine License for Keith
Larsen.
D'Onofrio /Dunn VOTED: 4 -0 Mahana out of room
c) Application for Automatic Amusement Machines (2) by Wing Chui, d /b /a
Happy China, 30 Chauncy Street; two video -type games.
* MOTION: To approve the Automatic Amusement Machine License for Happy
China.
D'Onofrio /Dunn VOTED: 4 -0
d) Application for Installation of a Sewer Connection by Condyne, Inc.
(Tighe Trucking), Maple Ave. and Oakland Street, an industrial build-
ing, 720 gallons per day. The Town Manager advised that this will be
an extension of a main into an industrial building.
* MOTION: To approve the Sewer Connection Permit. Harrington /D'Onofrio
VOTED: 4 -0
Selectman Mahana returned at this point.
5. Correspondence
a) Copy of letter to Mansfield Planning Board from Commonwealth Aeronautics
Commission re: Fieldbrook Village Subdivision adjacent to Runway End 14
of the Mansfield Municipal Airport.
b) Letter to Board from DEQE re: WWTP Contract No. 1 Change Order No. 13.
c) Copy of letter to John Drew from Alice E. Mohr, a Norton resident, re:
Noise from Great Woods concerts.
d) Letter to the Town Manager from Mr. & Mrs. Bayon, 428 S. plain Street,
re: Displeasure with traffic noise created by Great Woods concerts;
with Town Manager's answer attached.
e) Copy of letter to George Hertz, Manager of Great Woods, from Mr. & Mrs.
John Sullivan, 15 Village Road, Mansfield, re: Excessive volume of con-
cert noise.
f) Letter from Mass. DPW re: State Aid Chapter 637 Construction Inspection;
and Mansfield Bridge Replacement.
g) Letter from Mass. DPW Commissioner Tierney re: Transportation Bond Issue.
- Town Manager suggested this as a possible source for the salt shed
work.
BOARD OF SELECTMEN
MINUTES OF MEETING
( JULY 30, 1986
PAGE 4
h) Notice of Progress Inspection of the WWTP by Army Corps of Engineers,
August 14, 1986.
i) Copy of Interim Report No. 47 for inspection conducted at WWTP July 17th
by the Army Corps of Engineers.
j) Commonwealth Dept. of Public Health Notice of Public Hearings re: Regula-
tions for Maintenance and Construction of Lockup Facilities, August 19th
and 20th.
k) Letter to the Town Manager from Chairman of the Municipal Building Com-
mittee re: Charter prescribed function of the MBC; Town Manager's answer
attached.
1) Letter from Grants Operations Section of the U.S. EPA re: No final audit
for the preliminary phase of the WWTP will be performed.
m) Letter from Executive Office of Communities & Development re: Candidates
for the Mansfield Housing Authority Board State seat.
* MOTION: That Arthur Remillard be the Board's selection for that posi-
tion.
Mahana /D'Onofrio VOTED: 3 -2 Dunn and Harrington opposed
n) Notices of Dept. of Public Utilities Hearings re:
- Transportation by rail of hazardous materials, Aug. 15th
- Construction and extension of OMNI Communications, Inc., Aug. 25th
- Alternative long- distance service for Argo Communications Corp.,
Sept. 8th.
o) Memorandum from Town Counsel to Board re: Sewer Connection at Municipal
Airport.
The Town Manager advised the Town has no funds budgeted. Consensus of
the Board was, if the Airport Commission wants it, they will have to
budget for it.
p) Letter from the Pelletier family re: Formal complaint against Lisa Dud-
ley's dog.
- Board felt they should be sent the correct form for Complaints.
q) Copies of letters from Town Clerk to Chairmen of Democratic and Republi-
can Town Committees re: Election officers for upcoming year.
6. Dog Complaint Hearing
The hearing was declared open and the Chairman said he had discussed the
situation with the Town Manager and members of the Board, after receipt of
the Pelletier letter, and the decision was to go ahead with the hearing.
BOARD OF SELECTMEN
MINUTES OF MEETING
JULY 30, 1986
PAGE 5
Mr. and Mrs. Dudley and Ms. Weir were present and related their experiences
with the dog; both their children and their dogs have been bitten, as well
as Pelletier's dog charging through Ms. Weir's screen door once. The Dog
Officer recommended the dog be removed from the town, or put to sleep as
the Pelletiers have totally ignored his orders to keep their dog restrained.
The Dudleys and Ms. Weir said the Pelletier's cars were in their driveway
today, so it did not appear that they were on vacation as their letter
stated.
Discussion followed with Selectman Mahana feeling it prudent to continue
the hearing for two weeks until Mrs. Pelletier can be in attendance; the Dog
Officer suggested placing a restraining order on the dog until the hearing.
Selectman Harrington suggested putting the dog in Jock's custody for the two
weeks; Selectman D'Onofrio added, "only if the dog is not kept in their ap-
propriate custody ". Selectman Mahana suggested that since the police are
empowered to pick up the dog that they be directed to do so.
MOTION: To notify Mrs. Pelletier that she is to restrain the dog in accord-
ance with the Massachusetts laws and if the dog is found loose at
any time the Dog Officer be instructed to pick it up and restrain
it until the continued hearing.
D'Onofrio /Mahana
Selectman Dunn voiced concern for the possibility of a vicious
dog being out again. The Dog Officer suggested requiring the dog
be turned over to him until the continued hearing.
Motion VOTED: 2 -2 McNair abstained
MOTION: To put the dog in custody of the Dog Officer until such time as
the Board can gain testimony from the owner.
Dunn /Harrington VOTED: 5 -0
MOTION: To continue the hearing until August 14th. Mahana /D'Onofrio
VOTED: 5 -0
Foxboro Interceptor Sewer /LEA Group
The Town Manager introduced Foxboro's Town Administrator, Andrew Gala, and
Ben Feehan of LEA Group, with a brief review of Mansfield's agreement with
the Town of Foxboro for connection to Mansfield's Wastewater Treatment Plant,
initially for their critical needs area. They were present to discuss plans
for construction of the interceptor sewer from the center of Foxboro to the
intersection of Crocker and Oakland in Mansfield. They had outlined the
route on a large map and reviewed it for those present, along with their
expected time schedule and traffic plan for Mansfield's streets during con-
BOARD OF SELECTMEN
MINUTES OF MEETING
JULY 30, 1986
PAGE 6
struction; they have also met with ithe Police Chief to discuss downtown
traffic during the construction period. They are now excavating on County
Street in Mansfield, expect to start downtown about the third week of August,
and the entire project should not last longer than eight weeks. They sug-
gest making Oakland Street two -way and limiting parking to one side for
the period of construction.
Selectman Mahana suggested removing the small island at Oakland Street to
enable trucks to maneuver the turn more safely. It was reported that the
DEQE has stated if there are critical need homes along the root, they can be
conected; there will be no other sewer connections because they could jeo-
pardize the grant funding. The Town Manager said the Health Agent has de-
termined there are four homes along County Street which are classified as
critical need homes. Selectman Harrington requested that trucks removing
material be covered and that someone take responsibility for that.
* MOTION: To approve the connection permit based on the conditions of Items
1 through 5 and 7 through 9, based on the July 18, 1986 Memorandum
of the Town Manager to the Board of Selectmen.
D'Onofrio /Harrington VOTED: 5 -0
All connections to the sewer interceptor are to be identified for Mansfield,
and the Town Manager is to start tomorrow on receiving permission for the
four homes on County Street to connect.
Following this presentation, Bruce Tyson and David Grant of CC &F took a few
minutes to present an architectural plan of their proposed office park, in
Foxboro, which they had previously discussed with Mansfield's Town Manager.
They asked to present it this evening because of the need for permission to
purchase adequate capacity at Mansfield's WNTP to accommodate the office
park. They pointed out that inclusion of this office park will reduce Fox-
boro's costs; they will need 80,000 gallons per day.
8. Paul Folkman
Paul Folkman was back to report on his meeting with residents in the area
of his 28 Court Street property, which he had presented plans for, to the
Board at its last meeting. He reported that since his last meeting with the
Board, he has reduced the number of units for the property to 13, deciding
that the barn will be torn down. He said the residents were most concerned
about opening the right -of -way onto Court Street. Discussion seemed to indi-
cate that a total of approximately 25 parking spaces would be more accept-
able. Paul said he was amenable to formation of an association and mainten-
ance of the right -of -way; also a deed restriction for no further development.
* MOTION: That the Board of Selectmen support the concept of using the Old
` Colony Way in meeting the parking requirements of the project,
subject to final review of definitive plans for site access along
Old Colony Way.
BOARD OF SELECTMEN
MINUTES OF MEETING
JULY 30, 1986
PAGE 7
Dunn /D'Onofrio VOTED: 5 -0
Selectman D'Onofrio said when a good proposal comes along, you must work
with the developer; he used the Foxboro Terminals defeat and subsequent
purchaser's use of the property as an example of a bad result.
9. Joint Board & Committee Meeting
Representatives from the Planning Boards Board of Health and Conservation
Commission were present, along with the Planning Director and Health Agent.
Steve Quinn opened by expressing his view that more discussion with the
Board of Health and Conservation Commission could be very worthwhile for
the Planning Board when considering new plans; possibly even having the
Board of Health, then Conservation Commission looking at plans before it
goes to the Planning Board, thus having critical areas pointed out for con-
siderations.
Selectman Harrington spoke to his desire to address sewer expansion, areas
of growth; Selectman Mahana raised his suggestion for a tax on real estate.
Al Boldrighini asked what areas the Selectmen feel need sewering; Select-
man Mahana said Bristol Arms is one critical needs area. Selectman Dunn
said sewering has to be considered in connection with water protection
areas. Selectman D'Onofrio said Federal money is evaporating and all three
boards and the Selectmen should try to take advantage of every opportunity
and leverage each project to its maximum - all must work cooperatively.
Chairman of the Board of Health, Ed Tartufo, spoke to the need for better
communication between boards and committees. Some topics calling for bet-
ter communication were thrown out as: junk cars; flouridation which the
Board of Health has been asked to consider; a moratorium on building; trans-
fer tax levy on real estate; where are we going next year with PRDs.
The meeting /discussion was summarized by Selectman Harrington as something
for the boards and committees to give strong thought and then put their
thoughts into writing to the Board of Selectmen.
10. SRPEDD Municipal Request Form
MOTION: To approve the request for 20 hours allotted to the Planning
Board delegate and 20 hours allotted to the Selectmen delegate,
by SRPEDD, to update the town base maps, last revised in 1984.
Harrington /D'Onofrio VOTED: 5 -0
11. Old Business - Town Manager
a) The Town Manager advised the Board that the 1984 grant for reconstruc-
tion of the West Church Street and High Street bridges was for $127,000.
BOARD OF SELECTMEN
MINUTES OF MEETING
JULY 30, 1986
PAGE 8
The April 1986 bid came in for almost twice the Engineer's estimate -
$267,000. The rebid July 2, 1986 was $262,000. The State has now said
it will fund the projects in full. However, one pole must be relocated,
and the Electric Department estimates that cost at $1,300.00. The State
has agreed to fund the materials only. The Town Manager recommends not
pushing the State any further, and asked the Board to accept the State
funds, with the Electric Department providing labor for the pole reloca-
tion.
* MOTION: To approve the Town Manager's recommendation.
Harrington /Mahana VOTED: 5 -0
b) A report from the Police Chief indicates that the intersection of Ware
and Branch Streets is dangerous, due to the island configuration; he
recommends STOP signs on Branch Street.
* MOTION: To make Branch Street a STOP street. Dunn /Mahana
VOTED: 5 -0
c) The Town Manager presented the following Water Department bill problems
for disposition of the Board as Water Commissioners, with action as fol-
lows:
- 46 Eddy Street; Joanne Colella reports there has been no one
living at this address since April 15, 1985; all charges based
on estimated readings totalling $294.66.
* MOTION: To abate the bill contingent upon access to the prem-
ises to install a remote reader, and test the old
meter.
D'Onofrio /Dunn VOTED: 5 -0
- 794 Ware Street; April reading excessive; suggested abatement
to 4000 cubic feet for a billing of $47.45.
* MOTION: To support Town Manager's recommendation.
Dunn /D'Onofrio VOTED: 5 -0
- 299 Hope Street; Senior citizen on a fixed income received very
large bill; Water Dept. found leak she had not known of; recom-
mended abatement of sewer portion of bill (2/3) or entire bill.
* MOTION: To abate the bill in the amount of $233.
Dunn /D'Onofrio VOTED: 5 -0
BOARD OF SELECTMEN
MINUTES OF MEETING
JULY 30, 1986
PAGE 9
- Rt. 106 Chauncy Street; Bruce Wood has been paying the bill
for this property since Sept. 1969; he now points out that
the garage next to the car wash is not on town sewerage and
asks for a check for sewer charges in the amount of $263.95.
* MOTION: To reimburse Mr. Wood in the amount of $263.95 pending
dye or smoke test substantiating that it is not on
town sewerage.
D'Onofrio /Mahana VOTED: 5 -0
- 44 Hodges Street; This meter had not been read since Sept. 1983
and the March 1986 reading appeared to be out of line. DPW
Director asked for abatement of March and June 1986 bills.
* MOTION: To not abate, but require payment in 12 equal install-
ments, without interest.
Harrington /Dunn VOTED: 5 -0
- 115 Walnut Street, Mr. Epstein; this is a 4 family house with
water consumption averaging 20,000 cubic feet of water per year;
Mr. Epstein has been disputing his water bills since 1982; DPW
Director requested abatement of his 1982 lien plus demand and
interest charge totaling $977.63, then issue a corrected bill
for 20,000 cubic feet - $122.32.
* MOTION: To approve the abatement. D'Onofrio /Dunn
VOTED: 5 -0
d) The Town Manager reported that he had entered into a Memorandum of Agree-
ment with the DPW Union; it was ratified today with a vote of 18 -3. He
then reviewed the contract and provisions, as accepted. Asked what the
total package will amount to, he estimated $32,000 and said it will re-
quire a Special Town Meeting, which he has advised the union he will try
to have scheduled by October 15th.
* MOTION: To accept the DPW Memorandum of Agreement.
D'Onofrio /Harrington VOTED: 5 -0
e) Reporting on the two DPW arbitration cases (Corning and Bregnard), the
Town Manager said both cases have been completed and both require rehir-
ing of the men; the former DPW Director did not act in compliance with
contract stipulations. Selectman Harrington suggested asking Town
Counsel if a report of this should go into Joe Zeneski's personnel file.
BOARD OF SELECTMEN
MINUTES OF MEETING
S JULY 30, 1986
PAGE 10
12. Old Business- Selectmen
a) Selectman Mahana requested that speed bumps be placed at both ends of
the Fulton Park parking lot.
b) Selectman Harrington asked for the status on dispatchers; he was advised
that the equipment is on order. Also, the telephone system bids are
being reviewed.
c) From those former applicants for the Planning Board vacancy, Linda Sohn,
621 East Street was nominated and appointed.
* d) MOTION: To approve a salary increase to the budgeted amount of $26,000
for the Town Accountant.
Harrington /Dunn
Selectman D'Onofrio spoke to concerns he had for oversight on
responsibilities , listing some over the past year.
VOTED: 3 -2 D'Onofrio and Mahana opposed
13. New Business - Selectmen
a) Selectman Harrington said that because of the speeding on Rumford Ave.,
some of the residents would like to be able to have a Special Detail
officer on duty, and they will pay for it. The Board said they would
give this idea some thought.
b) Selectman Harrington said he had had a meeting with the Town Accountant
and she will have a summary of revenues ready for the Board's next meet-
ing.
c) Selectman Harrington said he felt the fees for the town dump need to be
revised.
* MOTION: To ask the Board of Health to work with the Town Manager for a
nevi, revised fee schedule.
Harrington /no 2nd
The Town Manager urged caution on raising the fees; if you raise
the fees too high, you will find dumping all over town.
14. Adjournment
The meeting adjourned at 12:45 A.M.
BOARD OF SELECTMEN
MINUTES OF MEETING
JULY 30, 1986
PAGE 11
MINUTES APPROVED:
'Clerk
Date gigned/