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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/