HomeMy WebLinkAboutBOS MINUTES 8-18-1993i
BOARD OF SELECTMEN
MINUTES
August 18, 1993
PRESENT: Chairman Pasquale, Clerk Ronald
SELECTMEN: Penney, Royle W"':=ii;>
William F. Williams, Town Manager
1. The meeting was called to order at 7 :30 P.M. and the flag was
saluted.
2. Minutes of August 4, 1993
MOTION: To approve the minutes of August 4, 1993 with the fol-
lowing amendments: Section 8b should include the trim
on the Paine School and the motion under 9a should note
that Acting Chairman Robinson passed the gavel.
(Penney - Royle) (3 -0 -1) Chairman Pasquale Abstains.
PASSES.
3. Warrant Nos. 7 and 8
MOTION: To approve Warrant No. 7 in the amount of $239,774.52,
dated August 10, 1993, broken down as follows:
General Fund - $133,202.47
Revenue Sharing
- $108,459.34
School Lunch -
- 124,022132
Special Revenue -
4,339.17
Capital Projects -
7,749.76
Sewer Enterprise -
4,555.21
Water Enterprise -
21,677.00
Electric Enterprise -
68,250.91
(Royle-Penney) All in favor.
PASSES. Selectman Royle
abstained from all Board Health
items.
MOTION: To approve Warrant' No. 8 in the amount of
$1,168,074.48, dated August 17, 1993, broken down as
follows:
Payroll -Town
- $108,459.34
Payroll Deductions
- 124,022132
Electric Wires
- 548,531.05
Rec. Revolving
- 7,421.22
Payroll Details
- 19,648.29
Health Insurance
- 65,712.05
School Bills
- 149,494.30
Rubbish
- 23,652.41
Miscellaneous
- 121,133.50
(Royle-Penney) All in favor.
PASSES. Selectman Royle
abstained from all Board of Health items.
4. Licenses and Permits
Application for Bond Renewal
MOTION: To approve and sign the bond.
( Royle- Penney) All in favor. PASSES.
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5,. Correspondence
Letter to Marilyn Travenski, Tri- Community Chamber of Commerce,
from the Board of Selectmen and the Town Manager in support of
/ the campaign of the Town of Southbridge and Defense Secretary Les
l Aspin to make Southbridge the new site of a federal accounting
service center
MOTION: To support their efforts and sign the letter of sup-
port.
( Royle- Penney) All in favor. PASSES.
Chairman Pasquale suggested that the Town get in touch with the
Foxboro Board of Selectmen to see if they need a letter of sup-
port to keep Foxboro Stadium the home of the New England Patriots
Draft Contract from the Law Offices of Howard Horton for Cable
Access Corporation
Chairman Pasquale suggested a joint meeting of the Selectmen,
Finance Committee Chairman, and a School Committee representative
to put together a Cable Advisory Committee. Selectman Royle sug-
gested that the Board of Selectmen meet jointly with Cable Ac-
cess in a workshop format first to talk about setting up an ad-
visory committee and to show them the draft contract than meet
with the Finance Committee and the School committee. Chairman
Pasquale suggested that the workshop with Cable Access be held
September 15 at 8:00 p.m. and that copies of the draft contract
be made available to them.
6. 7:45 P.M. - Discussion with Francine Bragga, Executive Director,
Mansfield Housing Authority
Francine Bragga and Jim Grady of the Mansfield Housing Authority
were present for this discussion. Mr. Grady stated that he and
Ms. Bragga were at the meeting seeking the Selectmen's support
for additional Section 8 vouchers, for which local residents
would be given preference. Ms. Bragga stated that should the
Mansfield Housing Authority be given additional vouchers,
Mansfield's residents opportunities would be equal to residents
in surrounding cities and towns.
Board Questions and Comments:
Clerk Ronald stated that it is nice to see that Mansfield resi-
dents can be given a preference in this program and also asked
if the vouchers are mobile. Ms. Bragga responded that the
vouchers are mobile, but that Mansfield units will be utilized
more by local residents if more certificates are made available
to them.
Selectman Penney asked if the Section 8 voucher supplements the
users rent so they can get into a nicer apartment than if they
were not using the certificate. Ms. Bragga stated that the
vouchers are used by persons with very low incomes, and the cer-
tificate allows people of lower incomes to mix more with the
people in different income classifications within the community.
Selectman Penney stated that he strongly supports the Housing
Authority's application for additional Section 8 certificates and
that he appreciates the Housing Authority's efforts.
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Selectman Royle thanked Ms. Bragga and Mr. Grady for caring about
Mansfield's families and expresed her support.
Chairman Pasquale asked Ms. Bragga what the procedure is for is-
suing the certificates and also asked if landlords get tax breaks
when using this program. Ms. Bragga responded that the Housing
Authority does not get involved with constructing Section 8 units
but only issues certificates to tenants. If a tenant moves into
an apartment utilizing a Section 8 voucher, the landlord cannot
file an abatement.
MOTION: To support the Mansfield Housing Authority with its
application for additional Section 8 subsidies.
( Royle- Penney) All in favor. PASSES.
Selectman Penney left the room at this time.
7. 8:00 P.M. - Tedeschi's Food Shop - Liquor License Public Hearing
Chairman Pasquale read the public hearing notice.
Attorney William Lenahan, applicants representative, Paul
Kearnes, Chauncy Investment President, and Cynthia Kearnes,
Chauncy Investment Vice President, were present for the public
hearing.
Attorney Lenahan presented Chauncy Investment's request for a
package store license to sell beer and wine, which would be a
supplement to the existing convenience store, Tedeschi's. Attor-
ney Lenahan also gave background on the Kearnes involvement with
Tedeschi's. Mr. and Mrs. Kearnes have been involved in the
Tedeschi's Food Shops organization for the last year and are one
hundred percent shareholders. All employees of the store are
over the age of eighteen. Attorney Lenahan also referenced a
policy manual which outlines responsibilities of Tedeschi
managers when selling beer and wine. Tedeschi's Food Shops
reserves the right to test employees of the store without notice
for sale of alcohol to minors.
Board Questions and Comments:
Selectman Royle expressed concern of alcohol sales to people un-
der the age of twenty -one, due to young adult cashiers feeling
peer pressure by underage friends to sell them alcohol. Mr.
Kearnes stated that he will have two people working in the eve-
ning, the younger of the two would work until 9:00 P.M.. Mr.
Kearnes also stated that he would also be spending a great deal
of time in the store.
Selectman Ronald asked if the applicant had looked into increased
traffic volume as a result of the additional sales. Mr. Kearnes
responded that the same customers frequent his business at dif-
ferent times each day. Selectman Ronald also asked Mr. Kearnes
if he had spoken with the owner of Classic Pizza regarding his
application. Mr. Kearnes stated that he has spoken with the
owner and he does not have any objections.
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Chairman Pasquale asked the applicant to explain why the grant of
this license would benefit the Town. Attorney Lenahan responded
that it would be a matter of convenience and that there isn't y
another package store that services that portion of town.
Following Attorney Lenahan's explanation, Chairman Pasquale
referenced traffic concerns stated by the Police Chief. Attorney
Lenahan responded to Chairman Pasquale's comments stating that he
and his client have spoken with the Police Chief and that his
traffic concerns where of the flow within the parking lot. His
client has been working on controlling the traffic flow within
parking lot. Chairman Pasquale also asked the applicant if the
alcohol in storage would be kept in a locked area separate from
other merchandise and if the alcohol in the front of the store
would be kept in separate coolers. Mr. Kearnes responded that
the alcohol in storage would be kept in a locked area separate
from other merchandise and the alcohol in the front of the store
would also be kept in separate coolers.
Selectman Royle suggested that the business owners within the
plaza get together to formulate a solution to the traffic flow
problem within the parking lot.
MOTION: To approve the wine and malt liquor license for Chauncy
Investment at the Tedeschi's store location.
(Boyle- Ronald) All in favor. PASSES.
8. 8:20 P.M. - Bird Road Discussion
Richard Gelerman, Special Town Counsel; Ralph Fram, party to the
Bird Road Agreement; Serena Nardone, party to the Bird Road
Agreement; Jay Zola, party to the Bird Road Agreement, and
several Bird Road residents, were present for this discussion.
William Williams, Town Manager, stated that the purpose for this
discussion is to formulate a solution resulting in the completion
of Bird Road.
Special Town Counsel, Richard Gelerman, stated the Town's alter -
natives with regard to completing Bird Road, which are 1) To con-
tinue as we currently are; 2) To have the Town install the base
binder course and the parties to the Bird Road Agreement install
the water line at a later date. If the second alternative is
used, the Planning Director would recommend not accepting
Rosewood Court and Serena Way until the water line is installed
on Bird Road. The third alternative would be for the Town to in-
stall the water line and the abutters install the binder course
at a later date.
Residents of Bird Road, Maureen Marken, 518 Bird Road, and Doug
Young, 514 Bird Road, parties to the Bird Road Agreement, Ralph
Fram, Serena Nardone, and jay Zola, the Town Manager, Board of
Selectmen, and Special Town Counsel discussed the alternatives
available. Bird Road resident, Maureen Marken, stated that she
is in favor of the Town installing the base coat on Bird Road. A
consensus of the Parties of the Bird Road Agreement was not in
favor of the Town installing the base coat in at this time, but
for the Town to wait another six weeks to see if one of the
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parties, Ralph Fram, sells one of his lots, the proceeds from
which would than be placed in the escrow account and used to in-
stall the water line.
Richard Gelerman, Special Town Counsel, stated that the Town can
take money out of the escrow account to complete the road only if
a notice of default is given to the abutters allowing a thirty -
day cure period. Attorney Gelerman suggested that the Town give
the notice of default at this time and if at the end of the cure
period Ralph Fram has not received proceeds from the sale of a
lot and deposited them into the escrow account, the Town can go
ahead and pave using escrow account money.
MOTION: For Special Town Counsel and the parties to the Agree-
ment to work out a solution to finish the water line
and binder coat to the Sharon town line by November 1.
(Royle -NO SECOND)
After the above motion was made by Selectman Royle, Special Town
Counsel, Richard Gelerman, stated that the Town cannot do that
because the Town cannot guarantee that the road will be completed
by that date.
MOTION: To authorize the completion of the water line by the
parties to the Agreement, and at a minimum a binder
coat to the Sharon town line4if it is necessary to or-
der a notice of default.
( Royle- Ronald) All in favor. PASSES.
9. Questions and Comments
Allen Brown of 200 Chauncy Street stated that he has received
state approval for a sewer extension permit for 525, 535, and 545
South Main Street and for the Vickery Estates subdivision. Mr.
Brown also stated that he would like to get on the Selectmen's
agenda this evening to seek their approval of the permit.
A couple who will be moving into a house located on one of the
above lots was present for this discussion. The couple stated
that their closing is scheduled for next Tuesday.
Selectman Penney returned to the meeting.
MOTION: To approve the sewer extension permit for 525, 535, and
545 South Main Street.
( Royle- Ronald) All in favor. PASSES.
The sewer extension permit for the remainder of the subdivision
will be discussed at the next Selectmen's meeting scheduled for
September 8, 1993.
10, Correspondence
Letter to the Board of Selectmen from Geoff Beckwith, Executive
Director of the Mass Municipal Association, requesting suggest-
ions for MMMA's legislative package by November 3, 1993 at 5:00
l P.M.
A consensus of the Board was to direct the Town Manager to go
5
ahead and poll Department Heads and and get memorandums out to
the Chairman of Town Committees and ask for their comments by the
f end of October.
Letter from the Mansfield Housing Authority to the Board of
Selectmen requesting a letter of support on an application to the
Department of Housing and Development for additional Section 8
Subsidies
Thank you note from Judith Stone to the Board of Selectmen
Letter to the Board of Selectmen from Catherine Broderick of 7
Charlene Drive regarding street trees planted in the Mansfield
Manor subdivision that are dying A consensus of the Board was to
request Dan Clifford and Bob Swanson to discuss and resolve the
issue.
Letter from Margaret Hanley, Vice President, Environmental Divi-
sion, GEI Consultants, to Bill Williams, Town Manager, confirming
the date and time for a presentation reading the Compo Chemical
facility A consensus of the Board was to place a notice of the
above meeting on Cable.
Copy of a letter from the Natural Resources Trust to Governor
William Weld regarding a decision reached by his administration
concerning the transfer of eighty -eight acres of land in the
Great Woods to the Mansfield Conservation Commission
Letter from the Natural Resources Trust to Steve Barrington,
Transportation Project Leader, Conservation Law Foundation, ex-
pressing concern regarding the Federal Highway administration and
the Massachusetts Executive Office of Transportation and con-
struction commitment to return 88.35 acres of great woods land
Letter to Governor William F. Weld from the Mansfield Conserva-
tion Commission regarding a letter of July 21, 1993 from
Secretary Jame's J. Kerasiotes to
Leonard
Trust, concerning the transfer of land Flynn,
atn Nthei ntersection Resources
of
Rts. 140 and 495
letter to Mr. and Mrs. Guy of Alladan Kennels from James E.
Bilodeau Jr. requesting a meeting to discuss noise created by
their kennel
Letter to James J. Karasiotes, Secretary, Executive Office of
Transportation and Construction, from the Mansfield conservation
Commission, expressing disappointment of the Administration's
proposal for the transfer and use of excess land adjacent to Rts.
495 and 140
Memorandum to the Board of Selectmen from the Mass Department of
Revenue stating that the amount available for "free cash' as of
July 1, 1993 for the Town of Mansfield is $823,981
Letter to the Board of Selectman from Douglas R. Annino stating
6
that he will be the architect for the project for the proposed
sports facility at Reservoir Street and South Main Street and
that he will excuse himself from Planning Board discussions and
will not vote on the site plan
Letter from Robert Mangiaratti, Town Counsel, to REARDON AND
REARDON, regarding Edward P. Reardon's letter of July 29, 1993,
on behalf of the police Chief Jesse Earls
Selectman Penney requesting that the above letter be read aloud.
Letter to Brian Parrish, Senior claims Examiner, Scottsdale In-
surance Company, from Robert Mangiaratti Town Counsel, regarding
insurance coverage for a potential claim re: Jesse Earls vs.
Town of Mansfield
Letter to Judith Scott, Town Clerk, from Westshore Consultants,
offering services as consultants for the Cable Television Con-
sumer Protection and Competition Act of 1992
Letter to Mass Cable Television Operators from the Commonwealth
of Massachusetts Community Antenna Television Commission regard-
ing FCC's by- through regulations
Mass Audubon Society Action Alert regarding Off Road Vehicles and
the Undergird Coast
Letter from the Department of Revenue to Local Government Offi-
cials stating estimated amounts to be received by municipalities
during the fiscal year ending June 20, 1994
Notice from the Commonwealth of Mass Department of Public
Utilities regarding an application of World Telecom Group, Inc to
the Department of Public Utilities to provide resold telecom-
munication services to business and residential customers in the
Commonwealth of Massachusetts
Notice from the Commonwealth of Massachusetts Department of
Public Utilities regarding an application of National TeleService
for authority to provide log distance service and travel card
service to residential and business customers within the Common-
wealth
Notice from the Commonwealth of Massachusetts Department of
Public Utilities regarding the application of LDDs Communications
an Metromedia Communications requesting approval for the transfer
of the certificate of public convenience and necessity originally
held by MCC to Ldds -METRO Communications, Inc.
Millis Consortium Minutes of June 23, 1993
Notice from the Commonwealth of Mass Department of Environmental
Management stating the SYMMS national Recreational Trails Act
DEP's Waste Site Cleanup Program Redesign
ri
11. Town Manager /Reorganization
Department of Public Works
William F. Williams, Town Manager, presented a chart demonstrat-
ing both the old and new organizational structures of the Depart-
ment of Public Works. The Department of Public Works has been
reorganized under a new Director, Dan Clifford, who will manage
Highway, Motorpool, and Public Buildings Maintenance. The Town
Engineer will have general operating responsibility for Water and
direct responsibility for wastewater. The Town Engineer will
have the ability to focus more on engineering.
Accounts Payable
William Williams, Town Manager, also stated that the Town's ac-
counts payable system is also being reviewed by a team consisting
of Joan Cutillo, Larry Galagher, Betty Amicone, and Vel Bishop.
The teams goal is to streamline the finance services inorder to
better serve the Town in a more timely and professional manner.
Board Member Comments:
Selectman Penney stated that the organizational change in DPW is
great and long overdue. Selectman Penney also asked if the Town
Manager could ask the new DPW Director, once he gets into the
job, to improve the appearance of the DPW garage.
Selectman Ronald stated that reorganization is nice, but that he
feels that there are still alot of layers under the Town Engineer
and suggested sharing Parks and Recreation.
Selectman Royle suggested that the Town Manager talk to the new
DPW Director about the future of the Parks and Recreation Depart-
ment and asked where the Director's office would be located.
Lastly, Selectman Royle commented on the outstanding job Robert
Swanson has done as the Department of Public Works Director and
the Town Engineer, stated that she is pleased with the reor-
ganization, and the she feels that Dan Clifford will do a fine
job.
At this time, William Williams, Town Manager, stated that none of
the comments he has made during the reorganization process were
meant to be derogatory towards the former Town Manger, Mr. Dwyer.
Selectman Royle stated that she thinks everyone deserves a pat on
the back for the $823,981.00 in free cash.
12. Old Business
a. Town Manager
Police Details
As a result of Acting Police Chief Arthur O'Neill not
being present for this discussion, it was deferred to Sep-
tember 8, 1993.
b. Selectmen
Selectman Royle asked the Selectmen if they would like to
contribute, along with the School Committee, $175.00 towards
L,
a sign stating that the press box at memorial Park is the
"J. Spencer Kelley Press Box, the approximate cost of the
sign is $350.00. Selectman Royle also suggested that Mrs.
Kelley, Joe Pasquale, and the School Committee Chairman be
invited to a dedication ceremony at the first game.
A consensus of the Board was to contribute to the sign.
Selectman Penney asked when a joint Cable Advisory Committee
will be formed. A meeting will be held jointly with Cable
Access first than a discussion will be schedule for Septem-
ber 29, 1993 to discuss the issue.
Selectman Penney asked how the Board is going to handle a
noise complaint made by Marie Brooks of the Great Woods Per-
forming Arts Center. Following discussion of the issue, a
consensus of the Board was to send a letter to Mrs. Brooks
and to Great Woods requesting that they meet to discuss the
noise issue and try to resolve it.
Selectman Penney asked if the Board should ask the Municipal
Building Committee to give an explanation of what caused the
ceiling to collapse in the school. Chairman Pasquale
responded that he has spoken to Rich Feeley, Municipal
Building committee Chairman, and that he is going to be put-
ting together a report for the Selectmen in the near future.
Selectman Penney asked that a letter be sent to Barbara
Hyland thanking her for her efforts which resulted in a
timely response from the Mass Highway Department on the Wil-
liams Street Bridge Project.
Selectmen Penney asked about progress in Town Departments
postponing approvals for applicants who are delinquent on
taxes. William Williams, Town Manager, stated that Joan
Cutillo, Town Treasurer, proposed the article and that he
would rather have her report on it.
Chairman Pasquale stated that "Future Agendas" will be a
weekly part of the Selectmen's agenda. Chairman Pasquale
also stated that he would like to get together with other
Boards of Selectmen for a meeting in October and that the
Selectmen should start holding workshops with the Town's
Board and Committee Chairman. A schedule should be sent out
soon.
13. New Business
a. Town Manager
FY93 Free Cash
William Williams, Town Manager, stated that the Town Ac-
countant has received certification of the Town's free cash,
which is in the amount of $823,981.
Education Reform
William F. Williams, Town Manager, referenced a packet
regarding FY1993 Net School Spending. Chairman Pasquale
9
stated that he would like to setup an education reform
workshop with the Finance Committee and the School Committee
on October 6, 1993.
f
b. Selectmen
Selectman Penney stated that he would like to place a dis-
cussion of the Hercules.Dump Site on a future agenda.
Selectman Penney also asked how one of the largest
developers in Mansfield can be delinquent on taxes and still
sit on the Board of Assessors and asked if the Board could
send a letter to the State Ethics Commission asking if it is
appropriate.
Chairman Pasquale stated that in another Town a similar
situation had occurred and a letter was sent to the Ethics
Commission. The Ethics Commission said that a conflict of
interest had not occurred. After further discussion of
Selectman Penney's request by the Board, the Board reached a
consensus to request Selectman Penney to file with the
Ethics Commission personally, not as a Selectman.
Draft Mission Statement
Chairman Pasquale read a draft mission statement which was
developed at the Selectmen's last workshop. The mission
statement will be worked on again by the Selectmen at their
workshop of September 15, 1993.
Letter from Judith Scott, Town Clerk, listing election
workers which need to be voted on by the Selectmen
MOTION: To appoint.
( Royle - WITHDRAWN)
Selectman Ronald stated that he would prefer to wait until
the Selectmen's next meeting to vote on the election workers
because the request was received after the close of the
agenda.
Chairman Pasquale stated that he would like to send a letter
to thank Stop and Shop for their contribution to the Soccer
facility. A consensus of the Board was to send Stop and
Shop a thank you note.
14. Purchase Orders
Highway Garage - Chainfall - $5,670.98
MOTION: To approve.
(Penney - Royle) All in favor. PASSES.
Fire Department - Lead Paint Removal from Boiler Room
After discussion of the need to remove the lead paint, the fol-
lowing motion was made:
MOTION: To sign the purchase order contingent upon approval and
review by Selectman Penney.
(Pasquale - Penney) All in favor. PASSES.
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15. Adjournment - 11:10 P.M
MOTION: To adjourn.
(Penney- Royle) All in favor. PASSES.
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