Loading...
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. 1 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. 2 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. 3 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 4 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. 10 15. Adjournment - 11:10 P.M MOTION: To adjourn. (Penney- Royle) All in favor. PASSES. l