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HomeMy WebLinkAboutBOS MINUTES 8-14-1986BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 14, 1986 AUG 2 8 W6 PRESENT: Chairman McNair; Selectmen D'Onofrio, Mahana, Harrington; Sel Dunn arrived at 8:15 P.M. 1. The meeting was called to order at 7:30 P.M. and the Flag saluted. 2. Minutes of July 30, 1986 MOTION: To approve the Minutes of July 30, 1986. D'Onofrio /Harrington VOTED: 4 -0 3. Warrants #8 and #9 MOTION: To approve Warrants #8 and #9, dated 8/5/86 and 8/12/86, broken dorm as follows: Warrant #8: General Fund - $542,995.06 Revenue Sharing - 7,036.90 School Lunch - 778.84 Special Revenue - 18,372.00 Sewer Enterprise - 92,752.57 Water Enterprise - 13,710.49 Electric Enterprise - 11,015.66 $686,661.52 Warrant #9: General Fund - $178,792.15 Special Revenue - 14,453.91 Sewer Enterprise - 14,707.14 Water Enterprise - 13,249.13 Electric Enterprise - 735,119.71 $956,322.04 Mahana /D'Onofrio VOTED: 4 -0 4. Licenses and Permits a) Application for Common Victualler License by Art Brownell and Guy Nardone d /b /a Taxi -Inn, Mansfield Airport, Fruit Street. - Mr. Brownell was present to answer any questions. MOTION: To approve the Common Victualler License for Taxi -Inn. Mahana /D'Onofrio VOTED: 4 -0 b) Renewal application for Sunday Entertainment (music and dancing) for Homestead Restaurant, Dario Way (A.L.E., Inc.). MOTION: To approve the Renewal application for Sunday Entertainment, D'Onofrio /Mahana VOTED: 4 -0 BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 14, 1986 PAGE 2 * c) MOTION: To approve and sign the State DPW Permit Application for STOP Streets for Branch at Ware and Forbes Blvd. at Plymouth Street. Mahana /D'Onofrio VOTED: 4 -0 5. Juror Selection a) New Bedford Superior Court, Criminal Session, September 2, 1986 - Philip B. Giangarra, 12 Judy's Lane - Randall Tatum, 385 Mill Street b) Fall River District Court, 6 -man jury, September 2, 1986 - Deborah A. Scott, P.O. Box 551 - Lori Sangster, 2 Fairfield Park - Karl A.F. Unitt, 280 Otis Street 6. Correspondence a) Letter from Patriot Bank Municipal Department congratulating the Town on the low interest it received on the Town's recent Bond Sale. b) Copy of Memorandum from Paul Folkman to All Jackson Court Abutters re: Correct date for his appearance before the Zoning Board of Appeals. c) Letter to the Tom Manager from Chairman of the Municipal Building Commit- tee re: Answer to Town Manager's recent letter. d) Copy of letter to Self Help, Inc. from Easton Town Administrator re: Easton Board's appointment of Mr. Groom to the Self Help Board of Directors. e) Letter from DEQE re: Meeting, August 22nd at 10 A.M., covering FY -87 Fed- eral Construction Grants Project Priority List for Wastewater Treatment Facilities, and State -only Construction Grants Program. f) Memorandum from SRPEDD re: Projects eligible for EDA funding. g) Memorandum from SRPEDD Commissioners re: Massa Provisional Population Projections. h) Letter from David Entin of Massasoit Community College re: Community Action Agency questionnaire as part of the requirements for the Ph.D at Boston University. i) Letter of resignation from the Conservation Commission by Richard F. Mahoney. * MOTION: To accept the resignation and send a letter expressing regret. Mahana /D'Onofrio VOTED: 5 -0 BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 14, 1986 PAGE 3 j) Letter from Advisory Commission to Commemorate the Bicentennial of the U.S. Constitution. k) Letter from Commonwealth's Special Commission on Local Aid re: Development of recommendations for distribution of new aid in FY -88. 1) Memo from Town Manager to the Board re: Water Operations Manager appoint- ment. m) Letter from SRPEDD re: Transportation Improvement Program. n) Copy of letter to Administrator of GATRA from the State Auditor's Office re: Audit of GATRA's two fiscal years ended June 30, 1985. o) Letter from Mo Prasad re: Joint Meeting with the Board.(see Old Business). p) Memorandum from the Town Manager re: - Landfill Bulldozer - Utility Billing Package - Vacation Time - request to carry over his existing vacation accrual ( * MOTION: To approve the Town Manager's carry -over of existing vacation accrual. Mahana /D'Onofrio VOTED: 5 -0 q) Copy of letter from Lawrence J. Harrington to Board of Health re: Sani- tary Landfill. r) Copy of Memo to Town Treasurer from the Town Manager re: Designation as Acting Town Manager August 8th through 17th, 1986. s) Notification of Railroad Yard & Rights -of -Way Maintenance on Amtrak, from RWC, Inc. t) Copy of letter to John Larch, from Town Counsel, re: Master Lease Agree- ment with CFC Associates, Inc. u) Letter from Harry Dunnebier, Presiding Minister of Jehovah's Witness, re: Waiver of Building Permit fee. * MOTION: To waive the Building Permit fee for Jehovah's Witnesses. Dunn / Mahana VOTED: 5 -0 v) Letter to Board from Chairman of Recreation Commission re: Dedication ceremony at Memorial Park, Sunday, August 24th at 2:00 P.M., to rename the softball field to the memory of Ronnie Kind. - Selectman D'Onofrio and Mahana will attend BOARD OF SELECTMEN MINUTES OF MEETING ( AUGUST 14, 1986 PAGE 4 w) Letter from Wes Construction Corp. to the Board re: Advising their inten- tion to subcontract with General Fence Supply Co., Inc. of Providence, RI. x) Letter from Phil Hall and Pennie McLaughlin re: Toyota Triathlon Series Sunday, September 21st and request for permission to use certain roads within Mansfield for the bike course. * MOTION: To refer to the Police Chief and Fire Chief. D'Onofrio /Harrington VOTED: 5 -0 y) Letter from Mitchell Bendzans, Paul Rogers, Dave Cachopa to Water Commis- sioners re: Request for Mansfield water and sewer service from Mansfield for their Norton property. * MOTION: To refer to the Town Manager for appropriate procedures to go through the Town of Norton. Mahana /Dunn VOTED: 5 -0 z) Memorandum from the Planning Director re: Meeting of Master Plan Advisory Council. 7. Arthur Alden /Water bill Mr. and Mrs. Alden had asked to meet with the Board to discuss their water bill which they consider excessive; the Board had voted at their last meet- ing to require payment in full over a 12 -month period, interest free. Mrs. Alden said all other homes on their street have outside meters; they don't, but they have not received meter reading cards in all the time they are now contesting the estimated readings for (from their last meter reading made in September 1983). In May 1986 they were given a new meter and told they would receive a fair adjustment after reading the new meter. Selectman Harrington said the Town has some liability and he had made the motion to not abate their bill because they had not called or objected over almost a four year period. Selectman D'Onofrio observed that the elderly are generally conscientious in paying their bill, and he would like an oppor- tunity to see what their actual use is. He said when good people protest their bill, the Town ought to go through the steps to be sure the bill is correct. He suggested waiting awhile before collection to make sure the meter is accurate. * MOTION: So moved. D'Onofrio /Harrington VOTED: 4 -0 (Vote taken before Selectman Dunn arrived) 8. Ed Broderick /Camelot Estates Ron Horning, Project Manager of Broderick Corp., came before the Board with BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 14, 1986 PAGE 5 an application to extend a sewer line from CC &F Industrial Park to Camelot Estates. The line will go through backlands, off Tremont and Williams Streets and was approved by the Planning Board in 1975. The plan is to run the sewer line from the back of Camelot Estates to Plymouth Street by the entrance to the new Nissan plant. They have received the State Permit (a blanket permit) which allows for them to cross some wetlands as long as they do not remove any material. It will be a gravity flow to Plymouth Street. Camelot Estates is to have 33 lots. In a letter to the Sewer Commissioners, Ed Broderick had proposed depositing $2000 into an interest bearing gift account for the purpose of renting appro- priate equipment sensitive to conservation areas, for use in maintenance of the line; he does not plan to construct an access easement. Selectman Mahana raised concern for future growth of the area which might not be accommodated by the 8" line proposed. Selectman D'Onofrio said he supports extension of sewers, but tends to agree with Norm Mahana and would like to make sure the Town is getting maximum rate on investments. He posed, should the Town par- ticipate to expand the scope of this, especially because it is a high water table area, and suggested the Town accept the cost of changing the 8" pipe to a 10" pipe. The Town Engineer, who was present, said this would require an additional lift station to support the additional line capacity. Studies needed would take some time, and another lift station would cost approxi- mately $100,000. Discussion followed. Selectman D'Onofrio asked if there were plans for sewering Forest Park (also a Broderick subdivision in the same area); Horning said none, but the soils are good and it would require a lift station. Horning said he believes the Broderick Corporation would be willing to work with the Town to sewer Forest Park. The DPW Director, John Rhind who was also present, said he believes Acorn Manufacturing, in that area, is interested in tying in and might be able to help. * MOTION: To table for two weeks. Mahana /D'Onofrio VOTED: 5 -0 Selectman Dunn suggested anyone just waiting for such an opportunity to tie in should be charged a tie -in fee; the Board agreed. 9. Norton Sewer and Water Commissioners The Norton Sewer and Water Commissioners were present, along with Warren Terrell, P.E. of Dufresne- Henry. Peter Mackesy, Chairman of the Norton Com- missioners referred to the letter sent Mansfield's Board of Selectmen in June, in which they requested meeting to discuss Norton's purchase of 0.36 mgd sewage treatment capacity to serve the critical needs areas of Norton. Plans are complete for Knollwood Estates, but Peter Mackesy said there is one landowner whose land the force main will cross and they are requesting that it be routed away from and beside the pastures rather than through the BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 18, 1986 PAGE 6 fields. This would require routing the force main into Mansfield, and Norton requested permission for this route change. The letter also requested dis- cussion on Mansfield granting Mansfield landowners with undeveloped land to tie into the Norton force main for conveyance to Mansfield's interceptor located in the abandoned railroad bed. In discussion which followed it was indicated that Knollwood Estates has 117 homes and would produce 35,000 /gal /day, and Norton Town Meeting voted funds to purchase the 0.36 mil /gal /day. At this point Mansfield Selectmen addressed the recent news that Flatley Company has effected an agreement for the Norton Industrial Park to connect to Taunton's Treatment Plant, which is contrary to the Taunton River Basin Plan. Selectman D'Onofrio said Mansfield has been proceeding along the good faith line, but he believes it was the Board's con- clusion, when the former Town Manager was working with Norton officials, that if Norton went to Taunton, Mansfield would take them to court. MOTION: To table the issue until the Town Engineer has sufficient time to review the plans and come back with recommendations. D'Onofrio /Harrington VOTED: 5 -0 The Chairman summed up the meeting by advising that Mansfield supports the connection for Knollwood Estates, but don't be surprised if Mansfield fights the Industrial Park action. 10. Public Hearing /Pelletier Dog Complaint (continuation) The Clerk read the original - complaint and the Dog Officer's report. Both Mrs. Pelletier and her son, Neal, owner of the dog, were present. Mrs. Pelle- tier said the dog is not vicious and the complainant's kids poke sticks and throw stones at her dog. Mr. Dudley and Ms. Weir were also present and re- futed that statement. Mrs. Pelletier said she had no problem keeping their dog on a leash all the time. The Dog Officer advised there had been no fur- ther problem reported, since the first hearing. Selectman D'Onofrio stated that some of the allegations made tonight, by both sides, cannot be docu- mented. It was recommended that both parties keep their dogs tied or on a leash at all times, when outside, and there should be no further trouble. Selectman Harrington suggested that Mrs. Pelletier agree that if her dog is ever outside without a leash, the dog will be taken away. Mr. Dudley said he wants the right to sue if another incident occurs. MOTION: The Board direct the complainant and cross - complainant to comply with the Mansfield Leash Law and further, that in the event that any infraction of that law occurs by either party, that the Dog Officer will remove the animal and the Board of Selectmen be noti- fied of such action. D'Onofrio /Harrington BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 14, 1986 PAGE 7 AMENDMENT: To postpone for two weeks to pursue legalities brought up. Mahana/ The dogs are to be restricted at all times, and the Dog Officer is to take an active role. VOTED: 5 -0 Selectman Mahana asked to have Town Counsel review the Minutes of this hearing and render his decision as soon as possible. 11. Old Business The Town Engineer and DPW Director were present to cover various items on which the Town Manager, who was on vacation, had written Memorandums. a) Sewer Use Charge for Merckens Chocolate. A meter to measure the sewer outage was installed in February 1986, and was, monitored for some time. The conclusion is that actual sewer flows amount to approximately 30% of the total water consumption. It is therefore recommended that Merckens billing for the period between December 26, 1985 and May 22, 1986, should be adjusted to reflect 30% of the total water flow. It was also recommended that the percentage basis billing be retained, and the DPW will continue to monitor readings in order to determine any varia- tion. - Selectman Harrington raised the question of what is to become of the 50% they have not paid from June to December 26, 1985, and recommended making no decision until that time lapse is resolved. * MOTION: To approve the billing from December 26, 1985 to May 22, 1986 and re- invoice them for the total amount owed, then net it against the difference. Harrington /D'Onofrio VOTED: 5 -0 b) Sewer Use Charge for Texas Instruments. A flow meter was installed in January 1986 and was monitored. On the basis of those readings, the DPW Director and Town Manager recommend that the billing be adjusted to reflect actual flow meter readings, which represent approximately 70% of water consumption. * MOTION: That Texis Instruments pay 1985 bills in full, and 1986 bills be based on the meter readings. Harrington /D'Onofrio VOTED: 5 -0 Selectman Harrington cautioned that if there are many other companies wanting this form of billing, it will affect the rate for residents. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 14, 1986 PAGE 8 Jerry St. Hilaire, Assistant Chief Operator at the Wastewater Treatment Plant, was present and advised that there are some companies who have their own wells pumping water which, of course, goes into the sewer sys- tem without Town monitoring or metering. c) CDM reviewed the septage rate in relation to cost of treatment for the extra strength inherent to that type of waste material and determined a rate of $29/1000 gallons be recommended. The Town Manager requests that this rate be approved as of September 1, 1986, with the charge being based upon 90% of the rated capacity of the truck; also payment for ser- vice shall be rendered in advance at the Treasurer's office. MOTION: To approve a septage rate of $29/1000 gallons effective Septem- ber 1, 1986, and the rate structured as proposed by the Town Manager. Mahana /D'Onofrio VOTED: 5 -0 d) Touching briefly on the Town Manager's Memo regarding Utility Billing Package, which advised that he had entered into a lease /purchase agree- ment with NCR Corp., he stated this will bring proper administrative procedures, record keeping and customer service to the enterprise ac- counts. He hopes to have the system operational by October 1, 1986. Discussion followed with Selectman Harrington referring to last year's deficit in the Water Enterprise account and urging an increase in rates. Selectman D'Onofrio stated his strong belief that first it must be jus- tified that there really is a need to raise the rates. His feeling is that if there is proper management and billing procedures, it may not be necessary. The DPW Director, John Rhind, asked that the Board wait until the new Water Operations Manager is on board (middle of Sept.), and they will then work up a budget and rate increase, if needed. e) A Memorandum advised the Board that the Town Manager has entered into a lease /purchase agreement for an International TD -15 bulldozer for use in the landfill. This unit is almost identical to the old unit, so the old unit may be kept for parts. He pointed out that appropriation for the FY -87 Landfill Operations did not include the replacement of exist- ing equipment, so a Reserve Fund encumberance or supplemental appropri- ation should be discussed by the Board and Finance Committee. The Town Engineer and DPW Director left the meeting, after Selectman D'Onofrio commended them both for taking hold and doing such a good job. 12. Old Business - Selectmen a) The Clerk, Selectman Mahana, read the letter from Ho Prasad, Chairman of the Cable Access Corp. Board of Directors. The letter was in response to the Board's invitation for a joint meeting. Mo pointed out that al- though the Cable Access Corp. Board of Directors is not a Town- directed board, they would be most happy to meet with the Board of Selectmen. He BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 14, 1986 PAGE 9 suggested that perhaps the Selectmen would attend their regular meeting scheduled for Tuesday, August 26th. Mo Prasad was manning the cameras this night, so Selectman Mahana asked him if the meeting would be tele- vised; the answer was no. Selectman Mahana said he felt the residents of Mansfield have a right to see, hear and learn what is going on concern- ing town affairs, and he feels more board and committee meetings should be televised. This led to a discussion of lack of volunteers, etc. Selectman D'Onofrio suggested inviting the Selectmen appointed represent- atives of the Cable Access Board, and any others who are interested, to attend the September 3rd meeting with the Selectmen. b) Selectman D'Onofrio recommended that a hearing be scheduled for the end of September, when the Great Woods performances will end for this sea- son. He said some people in Norton are unhappy and they should be given the opportunity to present their concerns. c) Selectman Harrington reported that he and Selectman Mahana met with the School Committee for their meeting to consider converting the high school heating system from electric to fossil fuel. Selectman Harrington went on to say the School Committee asked that Town Counsel be asked to re- spond to their question.concerning whether the Town Charter does mandate that the School Committee budget be included in the Warrant for the an- nual Town Meeting. They also asked that the Board respond to their re- quest for a Town Meeting Article which would raise the limit of the pub- lic bidding law from $2,000 to $4,000. d) Selectman Harrington said he wanted the Board members to know the Police Department is doing a fantastic job at Fulton Pond; neighbors have called to thank him. The Board secretary was asked to send a Memo to the Police Chief covering this. e) Selectman Mahana expressed concern from noticing there are several empty buildings in the Mansfield Industrial Park, saying he knows some com- panies are moving to Taunton's Miles Standish Industrial Park, and now the Norton Industrial Park is coming. He suggested contacting the Town Industrial and Development Commission to work on this aspect; what can the Town do to make Mansfield attractive to industry. Selectman Dunn offered lighting and traffic as two drawbacks at present. f) Selectman Mahana asked for Town Counsel's ruling of the letter and situ- ation as presented in a letter from School Committee member James T. Grady regarding his appointment to the Master Plan Advisory Council. 13. Executive Session and Adjournment MOTION: To go into Executive Session to discuss possible litigation, and to come out only to adjourn. D'Onofrio /Harrington POLLED: 5 -0 The meeting adjourned at 11:55 P.M. BOARD OF SELECTMEN MINUTES OF MEETING AUGUST 14, 1986 PAGE 10 The meeting adjourned at 11:55 P.M. MINUTES APPROVED: Clerk 'Date signed