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HomeMy WebLinkAboutBOS MINUTES 7-6-1994BOARD OF SELECTMEN MINUTES JULY 6,19P4,""", I PRESENT: Chairman Robinson, Clerk Ronald, and 6�JgVtWran Rc�j�lb 1. Meeting Called to Order at 7:30 P.M. followed by the,pledpe 2. 7:35 PM - SRPEDD Commission Interview One position /One applicant - Barbara Orlando Chairman Robinson stated that the SRPEDD Commission meets one Wednesday a month. Members of the Board of Selectmen asked Ms. Orlando questions concerning occasionally up- dating the Selectmen on SRPEDD Commission meetings. A copy of the SRPEDd draft Transportation plan should be sent to Barbara Orlando for her review. Selectman Royle nominated Barbara Orlando to serve as the Selectmen's SRPEDD representa- tive for as long as she would like to serve, which unanimously passed. Selectmen Penney entered the meeting. 3. 7:40 PM - Canoe River Aquifer Appointment Selectman Royle nominated Leonard Flynn, who was nor present, for appointment to the Canoe River Aquifer Advisory Committee, which unanimously passed. 4. Purchase Order Requests Musco Lighting Inc. - $8,000 12 - 1,500 watt fixtures attached to galvanized steel crossarms, remote electrical enclosures to house ballast, capacitors and fusing all mounting hardware for attachment to poles. Packet Cluster Systems - $17,700 1 PC10 Packet Cluster 10 -User System per bid award of June 27, 1994 Selectman Royle stated that the Memorial Park baseball diamond is in need of reconstruction and if there is any money she would like to see some money spent to fix it. Selectman Royle requested that her concern be passed onto the Parks and Recreation Director, Lorilee Fish. MOTION: To approve the purchase order for lights at Memorial Park in the amount of $8,000. (Penney- Royle) All in favor. PASSES. MOTION: To approve the purchase order for the packet cluster system in the amount of $17,700. ( Royle- Ronald) All in favor. PASSES. 5. 7:50 P.M. - PATNA Class 11 Continued Public Hearing During this evening's continued public hearing for PATNA's original Class II license issued to P.O. Box 95, E. Mansfield, a second Class II License application from PATNA for a Class II license was also discussed. Clerk Ronald stated that Harvey Gack of PATNA submitted a letter from Richard Best, owner of Elms Street Garage located at 549 Elm Street, granting permission for PATNA Auto to use a desk in his facility. Clerk Ronald also referenced a memorandum from the Director of Plan- ning and Development dated June 20, 1994 concerning the application and read a memorandum from the Inspector of Buildings /Zoning Enforcement Officer dated June 21, 1994. The memorandum from the Inspector of Buildings /Zoning Enforcement Officer stated that the "use is not a permitted use of the property located at 549 Elm Street" and that "renting office space at 549 Elm Street to conduct an additional business... would be a violation of the Mansfield Zoning By -Law" in his opinion. Board of Selectmen Questions and Comments: Members of the Board of Selectmen commented on and asked Mr. Gack questions concerning 549 Elm Street not being a proper location for a Class II License, conformance to zoning, busi- ness mailing address, location for storage of records, access to repair facilities, business ad- dress, possibility of applying for a Class II License in Stoughton where Mr. Gack lives, and applying for a variance to conduct the business at 549 Elm Street or discussing the Inspector of Buildings/ Zoning Enforcement Officer's comments with him. Harvey Gack requested a sixty -day extension for the public hearing. After discussion of Mr. Gack's extension request, the following motion was made: MOTION: To continue the public hearing for two weeks. (Boyle- Penney) All in favor. PASSES. 6. 8:20 P.M. Bristol Liquors Change of Stockholders Public Hearing Clerk Ronald read the public hearing notice aloud for change in stockholders from Stephen J. Payne and David E. DiMarzio to David E. DiMarzio for Bristol Management Inc. d /b /a Bristol Liquors. Both Stephen Payne and David DiMarzio, co- owners of Bristol Liquors, were present for the public hearing. MOTION: To approve the change of stockholders from Stephen J. Payne and David E. DiMarzio to David E. DiMarzio. (Ronald - Penney) All in favor. PASSES. Also requested by Bristol Management but not requiring a public hearing was a change in manager from Stephen J. Payne to David E. DiMarzio and approval of pledging of the liquor license held by Bristol Management Inc. to Stephen J. Payne as loan collateral. MOTION: To approve the change in manager from Stephen J. Payne to David E. DiMar- Zio. (Ronald- Penney) All in favor. PASSES. MOTION: To approve the pledge of the license held by Bristol Management Inc. to Stephen J. Payne as loan collateral. (Ronald- Penney) All in favor. PASSES. Chairman Robinson closed the public hearing at 8:25 P.M. Ware Street Sidewalks Discussion with Robert Swanson, Town Engineer Robert Swanson, Town Engineer, was present for this discussion. Mr. Swanson stated that based upon a Town Meeting vote in May to proceed with land takings for the Ware Street sidewalk project, he had a surveyor proceed with plans of takings. Next, Mr. Swanson referenced a letter from Robert Mangiaratti, Town Counsel, dated July 1, 1994, and a memorandum from him to the Town Manager dated July 5, 1994 with an attached appraisal report of the takings, project schedule, and schedule of damages to be awarded for the takings. 2 Selectman Royle expressed concern with the amounts of money being awarded for damages for the takings based on the square footage of land being taken and stated that she thinks it may be unfair. Additional comments made by the Selectmen were that the schedule of damages for the takings should be looked at again for calculations. MOTION: To direct Town Counsel to prepare an Order of Taking as per the layout shown on the plans, takings in fee simple, damages to be awarded as per the Schedule with damages paid within 60 days of taking, with the Town Engineer to have the authority to negotiate with landowners to provide in kind services and materials in lieu of monetary damage amount. (Penney - Ronald) Al in favor. PASSES. Discussion followed concerning when work on the sidewalks would begin and end and the cost of the project. 8. Questions and Comments NONE 9. Warrants Warrant No. 52 - $1,625,332.57 MOTION: To approve Warrant No. 52 in the amount of $1,625,332.57. (Ronald - Penney) All in favor. PASSES. Selectman Royle abstained from all Health Department related items. Warrant No. 53 - $5,923,114.26 MOTION: To approve Warrant No. 53 in the amount of $5,923,114.26. (Penney - Royle) All in favor. PASSES. Selectman Royle abstained from all Health Department related items. Warrant No. 54 - $467,346.97 MOTION: To approve Warrant No. 54 in the amount of $467,346.97. (Penney - Royle) All in favor. PASSES. Selectman Royle abstained from all Health Department related items. Warrant No. 2 - $562,558.74 MOTION: To approve Warrant No. 2 in the amount of $562,558.74. (Penney- Royle) All in favor. PASSES. Selectman Royle abstained from all Health Department related items. 10. Minutes Minutes of June 1, 1994 MOTION: To approve the minutes with an amendment to Page 3 No. 2 under the motion by adding "immediately" after "be" and before "reported" and to No. 3 by changing "products" to 'oils ". (Penney - Royle) All in favor. PASSES. Minutes of June 15, 1994 MOTION: To approve the minutes of June 15, 1994 with an amendment to Page No. 2 under No. 5 'Board of Selectmen Questions and Comments" by adding "The Engineering Department will investigate the relocation of the bridge onto Con- servation land and will report back to the Board of Selectmen. (Penney - Royle) All in favor. PASSES. 11. Licenses and Permits Reserve Fund Transfer Request from the Municipal Building Committee in the amount of $14,780 with an attached memorandum to the Town Manager from the Municipal Building Committee dated June 29, 1994. Members of the Board of Selectmen discussed whether or not the money for the request should be coming out of the School Department's budget, if the request should be coming from the School Department rather than the Municipal Building Committee, and dividing the request. A consensus of the Selectmen was in favor of tabling the request and waiting for more infor- mation concerning it. 12. Correspondence ACTION CORRESPONDENCE Letter from Robert M. Erasmi, 276 Franklin Street, requesting the speed limit on Franklin Street be lowered to 35mph, a "No Thru Trucking" sign be installed, and that the road be repaved This has been forwarded to the Engineering and Police Departments for review. Town Manager and Staff Memorandum from the Town Accountant to the Board of Selectmen requesting an increase in Mileage reimbursement for Town Employees from 26 cents per mile to 28 cents per mile A consensus of the Selectmen was in favor of requesting the Town Accountant confirm that this increase will not effect departmental budgets. Memorandum from Dan Clifford, DPW Director, to the Board of Selectmen requesting a waiver of the building permit fee for the concession stand at the Plymouth Street Recreational Facility MOTION: To approve the waiver. (Penney - Royle) All in favor. PASSES. State and Local Governments Letter to the Board of Selectmen from SRPEDD requesting the Selectmen's endorsement of the Annual Update of the Overall Economic Development Program for Southeastern Massachusetts The Board will discuss this at their next meeting after copies are distributed to members. Letter to Amos Robinson, Chairman, Board of Selectmen, requesting a waiver of the building permit fee for improvements being made to their water supply system at the Wading River pumping station located on Balcom Street MOTION: To approve the waiver of the building permit fee and note that inspection fees are not included in the waiver. ( Royle- Penney) All in favor. PASSES. Miscellaneous Letter from Christopher L. Johnson, Director of Administration, Robert F. Kennedy Action Corps, Inc., to the Board of Selectmen requesting permission for the "Ride for Kids" to travel through Mansfield on Saturday, September 17, 1994 with attached letter to the Ride for Kids from Acting Chief O'Neill stating that he would be interested in assisting them with their en- deavor and requesting the times, numbers and route prior to September 1 MOTION: To send "Ride for Kids" a letter approving their request. (Ronald - Royle) All in favor. PASSES. 0 � Letter from the American Red Cross requesting the Board of Selectmen sign a "Statement of Understanding" which outlines what the Red Cross can and will do in the case of disaster pend- ing notification by the Town William Williams, Town Manager, requested that this request be held off for clarification by Emergency Management. OTHER CORRESPONDENCE Resident Copies of letters from Karl Clemmey to Bertram Cook, Building Inspector /Zoning Enforce- ment Officer, stating that a zoning violation occurred at Great Woods on June 9, 10, and 11, 1994 because they parked cars in their expanded lot, which he states they have no variance for Copy of a letter to Bertram Cook, Building Inspector/ Zoning Enforcement Officer, from Karl Clemmey, concerning parking in the Great Woods expanded lot and signs at Great Woods. Copy of a letter from Karl Clemmey to the Town Manager concerning Town employee be- havior Copy of a letter from Karl Clemmey to Ed Sliney, Fire Chief, concerning public safety at Great Woods Copy of a letter from Karl Clemmey, to Scott Leite, Health Agent, concerning the drinking water at Great Woods Copy of a letter from Karl Clemmey to Michael J. Delaney, Mass Highway, concerning the Route 140 Project in Mansfield Letter to the Board of Selectmen from Karl Clemmey concerning the Guard Rail Installation Project on South Main Street Copy of a letter from Karl Clemmey to Bruce Montgomery, General Manager, Great Woods, concerning employees behavior at Great Woods Copy of a letter from Karl Clemmey to Acting Police Chief O'Neill requesting a meeting with him and Lt. Figueredo Copy of a letter from Karl Clemmey to Acting Police Chief O'Neill regarding access to his land located at 875 South Main Street Copy of a letter from Beth and John DiSesa expressing displeasure with Cablevision Board and Committee Memorandum from the Planning Board to the Board of Selectmen concerning Great Woods Land Letter of resignation to the Board of Selectmen from Bill Madan, Chairman, Planning Board Clerk Ronald rear) this letter aloud as requester) by Selectinan Royle. MOTION: To accept Mr. Madan's resignation from the Planning Board and to send him a letter for his dedicated involvement in the community. (Ronald - Royle) All in favor. PASSES. Memorandum from the Planning Board to the Board of Selectmen stating that they would like to postpone their meeting with the Selectmen to a later date Copy of a letter to Richard Lewis, Conservation Agent, from Kyla Bennett, 264 Massapoag Avenue, No. Easton inquiring about the Conservation Commission's ability to purchase land for preservation purposes 5 Copy of a letter to the Zoning Board of Appeals from Town Counsel, Robert Mangiaralti, con- cerning the appeal of Karl Clemmey of a decision of the Building Inspector regarding Great Woods Town Manager and Staff Copy of a memorandum from Shaun P. Burke, Director of Planning and Development, to Wil- liam Williams, Town Manager, concerning the Massachusetts Economic Development Incen- tive Program Letter of resignation from Robert Earls, Reserve Officer, to Arthur O'Neill, Acting Police Chief Letter of disclosure to Amos Robinson, Chairman Board of Selectmen, from William Wil- liams, Town Manager, of a possible appointment action he may take which may create the ap- pearance of a conflict of interest Letter to the Board of Selectmen from Robert Gurek, School Business Administrator, concern- ing networking all schools State and Local Government Letter from Representative Hyland to Amos Robinson, Chairman, Board of Selectmen, con- cerning the bill incorporating changes to the funding formula developed by Superintendent Donald Nicoletti and Robert Gurek, Business Manager, to address the rapid growth of school enrollment in Mansfield Letter from the Department of Revenue to the Board of Selectmen concerning the Registry of Motor Vehicles Non - Renewal Surcharge Program Copy of a letter from DEP to Compo Industries concerning the Compo Site Notice of responsibility from DEP to Cleveland Twist Drill Co. SRPEDD News Release for the Draft Transportation Improvement Program Any comments must be received at SRPEDD by Judy 30, 1994 Notice from the Massachusetts Housing Partnership Funding concerning Community Assis- tance Programs News Release from the Massachusetts Taxpayers Foundation, Inc. Memorandum from the Department of Education concerning certification applications for teachers of english as a second language Copy of a letter from Community Antenna Television Commission to Stephen Grossman of CVI regarding Rate Order Refund Plans Miscellaneous Letter from CVI to the Board of Selectmen concerning cable TV regulations Update on Compo Chemical from GEI Consultants Copy of a letter from Haskell A. Kassler to Edward T. Patten, Esq. concerning a criminal complaint filed by Bruce Montgomery, Great Woods General Manager P 13. Old Business Town Manager Captital Plan Review William Williams, Town Manager, stated that lie believes Capital Plan B is the plan he would like to have considered and would like to begin the review process with the Capital Improve- ments Committee. A consensus of the Board of Selectmen was in favor of starting tip the capi- tal improvements meetings to review the plans. 14. 9:50 P.M. (J Selectmen's Secretary, Tracy Pereira, left the meeting at this time. Clerk's Signature Date of Approva 7